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TABLE OF CONTENTS
Article Page
1 Purpose of Agreement 2
2 Scope of Agreement 2
3 Status of Agreement 5
4 Classifications of Work 6
5 Examination(s) License(s)
Requirements and Training 20
6 Seniority 27
7 Hours of Service 42
8 Overtime and Holidays 45
9 Field Service 49
10 Vacancies and Bidding 51
11 Grievance Procedure 59
12 System Board of Adjustment 65
13 Leave of Absence 70
14 Safety and Health 73
15 Free Transportation 76
16 Vacations 78
17 Sick Leave 84
18 Longevity 86
19 Shift Premium 87
20 Benefits 89
21 Wage Rules 95
22 Apprenticeship Program 97
23 General and Miscellaneous 97
24 Saving Clause 99
25 Geographical Scope of Agreement 99
26 Union Security 101
27 Layoff Pay 108
28 Letters and Agreements 111
29 Effective Date and Duration 246
SCHEDULE A 247
INDEX 251
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THIS AGREEMENT is made and entered into this 1st day of August, 1999, in
accordance with the provisions of Title II of the Railway Labor Act, as
amended, by and between TRANS WORLD AIRLINES, INC., hereinafter referred
to as the "Company," and the INTERNATIONAL ASSOCIATION OF MACHINISTS AND
AEROSPACE WORKERS, hereinafter referred to as the "Union," and
representing in the United States, its territories and possessions
within the jurisdiction of the Railway Labor Act, as amended, all
employees of the Company comprising maintenance of equipment employees
and including all grades of Mechanics and Inspectors, Fire Inspectors,
Fleet Service Helpers, Ground Service Helpers, Cargo, Commissary, and
Stockroom employees, as certified by the National Mediation Board on
November 20, 1945, May 15, 1946, and September 23, 1949, and all
employees of the Company comprising the Guard personnel, as certified by
the National Mediation Board on May 22, 1946.
ARTICLE I
PURPOSE OF AGREEMENT
(a) The purpose of this Agreement is, in the mutual interest of the
Company and the employees, to provide for the operation of the
services of the Company under methods which will further, to the
fullest extent possible, the safety of air transportation, the
efficiency of operation, and the continuation of employment under
conditions of reasonable working hours, proper compensation, and
reasonable working conditions. It is recognized by this Agreement
to be the duty of the Company and the employees to cooperate
fully, both individually and collectively, for these purposes.
(b) No employee covered by this Agreement will be interfered with,
restrained, coerced, or discriminated against by the Company, its
officers, or agents, because of membership in or lawful activity
on behalf of the Union, nor shall either the Company, its
officers, or agents, or the Union, its officers, or agents,
discriminate against any employee or member on account of race,
color, creed, national origin, religion, sex (sexual harassment),
age, handicap, or disability, veteran status including veteran,
Vietnam era veteran or special disabled veteran status. This
paragraph reaffirms the long standing mutual practice of both of
the parties to this Agreement.
(c) It is understood that wherever in this Agreement employees or jobs
are referred to in the masculine gender it shall be recognized as
referring to both male and female employees.
ARTICLE 2
SCOPE OF AGREEMENT
(a) The Company agrees all work generally recognized as mechanical
inspection work, mechanic's work, and helper's work performed in
and about Company, shops, major stations, overhaul bases, line
service stations. and other Company facilities including but not
limited to mechanical work involved in dismantling, overhauling,
repairing, fabricating, assembling, welding, and erecting all parts
of airplanes,
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ARTICLE 2(A) (CONTINUED)
airplane engines, radio equipment, computers on aircraft and
digital readouts, cathode ray tube devices, cables and other
electronic devices associated with such computers, electrical
systems, heating systems, hydraulic systems, and machine tool work
in connection therewith, and including the dismantling, repairing,
assembling, and erecting of all machinery and mechanical devices
and automotive and building maintenance and repair work, the work
of Fire Inspectors, the work of Stores Clerks, and the work of
Ramp Servicemen in the handling of stores stock, commissary
supplies, mail. Express, cargo, and freight is recognized as
coming within the jurisdiction of the International Association of
Machinists and Aerospace Workers and is covered by this Agreement.
The Company hereby recognizes the Union as sole and exclusive
bargaining agent for all employees of the Company working within
the limits of the United States who are designated as Guards. The
Company agrees that all work involving the guarding of certain
gates, entrances, and other designated posts in and about Company
premises, the patrolling of designated areas, the punching of
watchman's clocks, or other similar assigned duties involving
internal security and protection of Company property is recognized
as coming within the jurisdiction of the International Association
of Machinists and Aerospace Workers, and is covered by this
Agreement. Wherever the Company operates a baggage claim facility
exclusively for the use of its passengers, and/or the passengers
of another carrier to whom it has sublet such facility or part
thereof, and the Company requires the guarding of such facility,
TWA-IAM Guards will be used. Wherever the Company operates an air
freight terminal exclusively for the use of its customers, and/or
the customers of another carrier to whom it has sublet such
facility or part thereof, and the Company requires the guarding of
such facility, TWA-IAM Guards will be used. Whenever the Company
deems it necessary to assign personnel to alleviate congestion of
pedestrian or vehicular traffic, TWA-IAM Guards will be used. It
is understood and agreed that the provisions of this paragraph as
it relates to the baggage claim facility and pedestrian and
vehicular traffic shall not be applicable if the Company's
requirement of the guarding of these facilities does not exceed
sixty (60) days, provided that the Company first advises the
President - General Chairman of District 142. International
Association of Machinists and Aerospace Workers, that such
requirement exists.
(b) Employees covered by this Agreement shall be governed by all
reasonable rules, regulations, and orders previously or hereafter
issued by the Company which are not in conflict with the terms and
conditions of this Agreement and which have been made available to
the affected employees prior to becoming effective. Nothing in
these rules and regulations and/or this Agreement shall be
construed to limit or deny to any employee herein covered any
rights or privileges to which he may be entitled under the
provisions of the Railway Labor Act, as amended, or to deny him
recourse to any action he might have pursuant to any other
applicable Federal statute.
(c) It is agreed that all work covered by this Agreement shall be
performed by employees in the classifications specified herein,
except that at other than major stations or overhaul bases on
shifts where there is not sufficient work as herein described
for
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ARTICLE 2(C) (CONTINUED)
Ramp Servicemen to justify the assignment of an employee coming
within such classification, any employee who is in the same or
higher pay bracket may be assigned to do the work. At stations
other than major stations or overhaul bases, on shifts where Ramp
Servicemen are assigned and there is not sufficient work to
justify the assignment of an additional employee in such
classification, any employee covered by the Agreement who is in
the same or higher pay bracket may be assigned to do the work.
Except at overhaul bases, employees in the same or higher pay
bracket may be assigned to do the work of Fire Inspectors where
there is insufficient Fire Inspector work to justify the
assignment of an employee so classified.
The number of employees in each classification will be established
by the Company in accordance with the normal requirements of the
service. Employees will normally perform the work of their
classification; however, it is recognized that at major stations
(1) where more than the scheduled number of flights are on the
ground at one time, (2) in cases of emergency where it is
necessary in order to maintain operating requirements, or (3)
where work within their regular classification is not available
any employee who is in the same or higher classification may be
assigned to the performance of work normally performed by the
classifications of Fleet Service Helper, Ramp Serviceman, or
Janitor. In this event it is understood, however, that employees
outside the classifications covered by this Agreement will not be
assigned to perform this work if employees in the same or higher
classifications covered by this Agreement are available and can be
assigned without interfering with their regular duties. When an
employee is assigned to work outside his classification, another
employee in a different classification shall not perform the
regular duties of the employee so assigned. If the Union doubts
the fairness of the assignment, it may invoke the grievance
procedure for settlement of the matter.
The total mechanical work force and the number of mechanics
necessary in each specialty will be established in accordance with
the normal workload requirements. Mechanics will confine their
work to their specialty except (1) the Company may assign
mechanics to any mechanical work even when work within their
specialty is available; and (2) during abnormal operating
conditions mechanics may be assigned to any work in the same or
lower pay classification other than that to which they are
normally assigned, to the extent necessary to maintain operations
and flight schedules, even when work within their regular
assignment is available.
(d) A Technical Service Location shall mean a station at which the
Company regularly schedules Check C's or other major modification
work and any other required maintenance work. A Line Maintenance
station shall mean one that will perform routine line maintenance
and other checks below the Check C level.
Technical Service Locations shall be staffed with the maintenance
classifications and specialties necessary to perform the required
work, including, but not limited to:
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ARTICLE 2(D) (CONTINUED)
Lead Systems Technician
Crew Chief Inspector
Inspector
Crew Chief Mechanic
Mechanic
Crew Chief Stores Clerk
Stores Clerk
Crew Chief Fleet Service
Fleet Service
Crew Chief Janitor
Janitor
The following stations are Technical Service Locations: JFK/LGA,
MCI, LAX and STL.
The parties mutually agree that the four (4) hour work rule does
not apply to the maintenance staffing at Technical Service
Locations.
When there is a need to eliminate a Technical Service Location,
or to transfer work between Technical Service Locations, the
Company will provide the IAM with sixty (60) days notice, and the
matter will be discussed and resolved by the President/Directing
General Chairman of District Lodge 142 and the Senior Vice
President of Maintenance and Engineering. Such changes are to be
planned and executed in a manner that is consistent with the
operational needs and efficiencies and minimizes the disturbance
of employee seniority rights. The IAM will not unreasonably
withhold its agreement to such a change.
If a satisfactory resolution is not reached within the sixty (60)
day period, the question whether the proposed change is justified
by the above criteria will be submitted to the System Board of
Adjustment and heard on an expedited basis within a sixty (60) day
period.
ARTICLE 3
STATUS OF AGREEMENT
(a) This Agreement supersedes any and all agreements existing or
previously executed between the Company and any Union or
individual, affecting the craft or class of employees covered by
this Agreement, except Letters of Understanding and Supplemental
Agreements found in Article 28 of this Agreement.
(b) The Company will notify the Union promptly in writing in case of
consolidation, merger and route swap affecting work covered by IAM
Agreements, or in the event the Company purchases, acquires, or
absorbs another airline or portions thereof, or in the event the
Company or portion thereof is acquired by another airline.
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ARTICLE 3(B) (CONTINUED)
All provisions of this Agreement shall be binding upon the
successors or assigns of the Company.
The Company and this Union will meet without delay and negotiate
for proper provisions for the protection of employee(s) seniority
and other property rights, in the event that any of the above
occur.
(c) All matters not covered by this Agreement or the Railway Labor
Act, as amended, shall remain exclusively and without limitation
within the prerogatives of Management.
ARTICLE 4
CLASSIFICATIONS OF WORK
(a) (1) Lead Systems Technician
The work of a Lead Systems Technician will consist of and
include providing as related to Aircraft Maintenance,
necessary technical knowledge, guidance and direction to
other classifications in trouble-shooting complex aircraft
systems, locating and correcting trouble and malfunctions,
coordinating with foremen and Crew Chief Mechanics, and, as
assigned, monitoring the performance of routine work. The
Lead Systems Technician classification is not intended to
replace the Crew Chief Mechanic in any way. However, the
Lead Systems Technician may coordinate the activities
outlined in this paragraph with any number of employees. He
will also coordinate his activities with station or location
management and/or with engineering and flight crews and
other functions as appropriate. He will perform on-the-job
training and will conduct classroom training as directed.
See Lead Systems Technician letter, Article 28, Page 115.
(2) Crew Chief Flight Simulator Technician
The work of a Crew Chief Flight Simulator Technician shall
consist of and include, and he shall be responsible for
leading, directing and assigning the work of other employees
of the Flight Simulator Technician classification to the
satisfaction of the Company and must hold the necessary
license as is required for the Flight Simulator Technician.
A Crew Chief Flight Simulator Technician will give on-the-
job training and instruction to Flight Simulator Technicians
whenever such training and instruction is required by the
Company. If any checking, reviewing and verification of work
sheets and forms related to Flight Simulator Technicians'
work is necessary, it will be done by a Crew Chief Flight
Simulator Technician. In addition, a Crew Chief Flight
Simulator Technician will be responsible for, and his duties
shall consist of and include. coordinating of work,
consistent with the overall work plan established by the
Company. He shall also be familiar with the duties of the
Flight Simulator Technician
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ARTICLE 4(A)(2) (CONTINUED)
classification and will be capable of performing such
duties. He will assist his group in the performance of such
duties provided such assistance does not interfere with the
performing of his primary responsibilities as described
above and provided further, that while he is performing
Flight Simulator Technician's work his primary duties are
not assumed by others. A Crew Chief may be assigned to
coordinate the work of other Crew Chiefs. In such instances,
he may or may not have other employees assigned to him.
The Crew Chief shall be required (on a non-exclusive basis)
to demonstrate proper work methods, conduct on-the-job
training, and conduct meetings or indoctrinate employees in
new or revised operational Procedures.
The Crew Chief Flight Simulator Technician will coordinate
as between the Flight Simulator Technicians in his group and
vendor or Company representatives. A Crew Chief Flight
Simulator Technician shall not supervise or direct the
working force other than Flight Simulator Technicians.
(3) Flight Simulator Technician
The work of a Flight Simulator Technician shall consist of
and include any and all maintenance, modification, trouble-
shooting, repair, and overhaul of any type of electronic or
mechanical devices, including all types of computers and
associated apparatus, used for training flying personnel
under simulated flying conditions. In addition this work
shall include the trouble-shooting, identification, and
repairing malfunctions of such apparatus and simulators.
Non-contract personnel, including vendor representatives,
may direct Flight Simulator Technicians in the work required
during the initial installation of flight simulators and
associated apparatus including computers and their systems.
Such personnel will normally assign the physical aspects of
work on developmental installations to Flight Simulator
Technicians and will direct such assignments consistent with
the Company rights under vendor warranties. The Company and
the Union jointly recognize the developmental status of such
equipment to be an integral part of such initial
installation and the consequent necessity to utilize
engineering and vendor personnel therein.
The Company will advise the Union of the nature, extent, and
anticipated duration of warranties and engineering or vendor
assistance on Company property, for the purpose of initial
installation of aircraft simulators or associated equipment
and apparatus and computers and their systems.
The Flight Simulator Technician shall be responsible for the
loading of programs, in any and all types of computers
integrally associated with flight simulators, for
maintenance purposes and flight training purposes. The
Flight Simulator Technician will also assist in
troubleshooting programs in use and debugging new or
modified programs.
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ARTICLE 4(A)(3) (CONTINUED)
Flight Simulator Technicians must hold a General Radio-
telephone license or higher. Flight Simulator Technicians
will be required to give on-the-job instruction to other
Flight Simulator Technicians.
Work shifts of Flight Simulator Technicians shall be
established to comply with Article 7(e).
(4) Crew Chief Inspector
The work of a Crew Chief Inspector shall consist of and
include leading, directing and assigning the work of
Inspectors and performing such inspection work as may be
required to the satisfaction of the Company. In addition, a
Crew Chief Inspector will be responsible for on-the-job
training and checking and reviewing work sheets and forms
(including verification of completed work sheets and forms
in cases of Check "C" and base overhaul) related to
Inspector's work as set forth under the Inspector
classification covered by this Agreement. A Crew Chief
Inspector shall not supervise or direct the working force
other than Inspectors. A Crew Chief may be assigned to
coordinate the work of other Crew Chiefs. In such instances,
he may or may not have other employees assigned to him.
The Crew Chief shall be required (on a non-exclusive basis)
to demonstrate proper work methods, conduct on-the-job
training, and conduct meetings or indoctrinate employees in
new or revised operational procedures.
(5) Inspector
The work of an Inspector will consist of and include the
overall inspection of Company aircraft (including power
plant) in connection with major repairs and overhauls at
those points on the Company's system where such work is
performed. At those points where Inspectors are employed,
the work of Inspectors shall include special checks and
special inspections including eddy current, magna flux,
ultrasonic, zyglo, x-ray (x-ray to be performed by
Inspectors at the overhaul base only), and comparable
processes except that the reading and interpretation of the
x-ray prints shall be performed by non-contract employee(s).
The work of Inspectors will include the inspection of
materials, parts, and subassemblies as necessary. An
Inspector must be capable of performing the inspection work
assigned to the satisfaction of the Company, and must hold
valid Federal licenses for his assignment as set forth in
Article 5. He shall be selected from the Mechanic or higher
classification, and will not supervise or direct the working
force.
At those points on the Company system where Inspectors are
employed and where the Company's policies and procedures as
published in its manuals require the presence of an observer
on test flights conducted for maintenance or
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ARTICLE 4(A)(5) (CONTINUED)
engineering reasons, Inspector or Inspectors (as required)
shall accompany such test hops as an observer unless
prohibited by Federal regulations. The Company reserves the
right to assign additional non-IAM contract observers to
such test flights as it may see fit at the option of local
Management and/or other Management levels in the Technical
Services Division.
(6) Crew Chief Mechanic
The work of a Crew Chief Mechanic shall consist of and
include, and he shall be responsible for, leading,
directing, and assigning the work of other employees of the
Mechanic classification to the satisfaction of the Company
and must hold valid Federal licenses as required for his
assignment as set forth in Article 5.
A Crew Chief Mechanic may be required to sign for his own
work and the work of others in his group (not including work
historically performed by Inspectors) provided, however,
that such signing shall not relieve any other members of his
group from responsibility for the work he performed or from
being required to sign appropriate Company work records.
A Crew Chief Mechanic will also give on-the-job instructions
and training to Mechanics when such training and instruction
is required by the Company. If any checking, reviewing and
verification of work sheets and forms related to Mechanic's
work is necessary, it will be done by a Crew Chief Mechanic.
A Crew Chief Mechanic will be required to review aircraft
log books. In addition, a Crew Chief Mechanic will be
responsible for, and his duties shall consist of and include,
coordinating of work and scheduling and issuing of any and all
work cards related to Mechanic's work, consistent with the
overall work plan established by the Company.
The Crew Chief Mechanic shall also be familiar with the
duties of the Mechanic classification and will be capable of
performing such duties. He will assist his group in the
performance of such duties provided such assistance does not
interfere with the performing of his primary responsibilities
as described above and provided further, that while he is
performing Mechanic's work his primary duties are not assumed
by others. A Crew Chief may be assigned to coordinate the work
of other Crew Chiefs. In such instances, he may or may not have
other employees assigned to him.
The Crew Chief shall be required (on a non-exclusive basis)
to demonstrate proper work methods, conduct on-the-job
training, and conduct meetings or indoctrinate employees in
new or revised operational procedures.
(7) Mechanic
The work of a Mechanic shall consist of and include any and
all work generally recognized as Mechanics' work performed
in and about Company shops,
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ARTICLE 4(A)(7) (CONTINUED)
maintenance bases, overhaul bases, and Company buildings,
including but not limited to mechanical work involved in
dismantling, overhauling, repairing, fabricating,
assembling, welding, and erecting all parts of airplanes,
airplane engines, radio equipment, electrical systems,
temperature control systems, hydraulic systems,
communications systems, modifications, electronic systems,
instruments systems, computers on aircraft and digital
readouts, cathode ray tube devices, cables and other
electronic devices associated with such computers, and
related components (in connection with aircraft maintenance
and testing), and machine tool work, in connection
therewith. In addition the work of a Mechanic shall include
trouble-shooting, assisted as necessary by the Crew Chief
Mechanic and when not in conflict with the terms of this
Agreement, by Management.
The work of a Mechanic shall also include engine runups and
that work of a type generally recognized as a mechanic's
work in the conversion of aircraft from one configuration to
another. In addition, the work of a mechanic shall include,
but not be limited to, taxiing, towing and pushout of all
aircraft, servicing of de-icing equipment, de-icing of
aircraft, operation of de-icing equipment when used for
deicing of aircraft and/or in connection with other work
generally recognized as mechanic's work. Such work shall
also include the dismantling, repairing, assembling,
modifying and erecting of machinery, mechanical devices,
public address systems, T.V. monitors (transmitters and
receivers), ground two-way radio ramp communications
equipment, security equipment, automotive equipment,
building maintenance and repair work.
(8) Crew Chief Stores Clerk
The work of a Crew Chief Stores Clerk shall consist of
and include, and he shall be responsible for, leading,
directing, and assigning the work of other employees of the
Stores classification to the satisfaction of the Company. A
Crew Chief Stores Clerk may be required to sign for his own
work and work of others in his group provided, however, that
such signing shall not relieve any other member of his group
from responsibility for the work he performed or from being
required to sign appropriate Company work forms and/or
records.
A Crew Chief Stores Clerk will also give on-the-job
instruction and training to Stores Clerks when such training
and instruction is required by the Company. If any checking,
reviewing and verification of work forms or records related
to Stores Clerk work is necessary, it will be done by a Crew
Chief Stores Clerk. In addition a Crew Chief Stores Clerk
will be responsible for, and his duties shall consist of and
include, coordinating of work and scheduling and issuing of
any and all work forms consistent with the overall work plan
established by the Company.
The Crew Chief Stores Clerk shall also be familiar with the
duties of the Stores classification and will be capable of
performing such duties. He will assist his group in the
performance of such duties provided such assistance does not
interfere with the performing of his primary responsibility
as described above
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ARTICLE 4(A)(8) (CONTINUED)
and provided further that while he is performing Stores work
his primary duties are not assumed by others. A Crew Chief
may be assigned to coordinate the work of other Crew Chiefs.
In such instances, he may or may not have other employees
assigned to him.
The Crew Chief shall be required (on a non-exclusive basis)
to demonstrate proper work methods, conduct on-the-job
training, and conduct meetings or indoctrinate employees in
new or revised operational procedures.
(9) Stores Clerk
A Stores Clerk will do all work generally recognized as the
routine duties of a Stores Clerk in and about the Company
storerooms and stockrooms, except as provided in the Dining
Service Agreement. The duties of a Stores Clerk shall
include the delivering of parts and materials at overhaul
bases and other locations on the system where mechanics do
not accomplish this work. The duties of a Stores Clerk shall
also include the driving of trucks in transporting stores
supplies. At those locations where Stores Clerks are
employed they shall transport Company parts, materials
supplies, and stationery materials between Company
facilities within a city or metropolitan area. Materials,
etc., waybilled or labeled to a specific location within the
metropolitan area would be considered en route until it
reaches the final destination. The Company may require
Stores Clerks to transport U. S. and Company mail. Building
maintenance and automotive parts, supplies and/or materials
will be inventory received, ordered and issued by Stores
Clerks. Stores Clerks will also be responsible for the
replenishment of all self service stock. At major stations
and overhaul bases, all parts, materials, supplies and
stationery materials, will be delivered by Stores Clerks.
Deliveries to any office facilities which are part of such
stations or bases will be let a point designated by the
Company. (With respect to the handling of stationery
materials at the Overhaul Bases, refer to the attached
Letter Page 139.) At locations other than major stations and
overhaul bases any deliveries by Stores Clerks will be to a
point designated by the Company. It is clearly understood
and agreed that all parts, materials supplies and stationery
materials (specifically excluding ticket stock) shall be
delivered directly to the Company stockroom at locations
where Stores Clerks are employed. The preparation and
forwarding of A.O.G.'s to transportation, the receipt from
transportation and forwarding to the user, is the duty of a
Stores Clerk. All required labeling and documentation in
connection with ordering, receiving, issuing and shipping as
well as the preparation and maintenance of required records
(specifically excluding Kardex posting) will be performed by
Stores Clerks.
At all locations on the TWA system that do not maintain
Dining Service Units, the following shall apply: (a) At
those facilities where TWA employs Stores Clerks, any
Company inventory taking place at the caterer's facility,
including any inventory of Company materials delivered to
the caterer's facility direct from the vendor will be
performed by Stores Clerks. Should the Company
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ARTICLE 4(A)(9) (CONTINUED)
require that materials delivered directly to the caterer be
received by Company personnel, such personnel shall be
Stores Clerks. (b) The movement of Commissary items to
caterers from airport locations will be performed by Stores
Clerks. Stores Clerks are to be employed at the Overland
Park Training Center (Hostess Academy) and Surplus Sales
where the Company maintains its Surplus Sales facilities. In
addition, Stores Clerks will be employed at the Jack Frye
Building (Flight Simulator Building), and new facilities
such as the KCI Administrative Building will be staffed with
Stores Clerks as required.
At locations where Stores Clerks are not employed, all
work described above will be performed by the Mechanic
classification unless the amount of work involved herein and
other normal Stores Clerks functions exceed four (4) hours
on a shift. In such event a Stores Clerk will be employed.
(See letter Page 137 for additional detailed Stores Clerk
duties.)
(10) Crew Chief Fire Inspector
The work of a Crew Chief Fire Inspector shall consist
of and include, and he shall be responsible for, leading,
directing, and assigning the work of other employees of the
Fire Inspector classification to the satisfaction of the
Company. A Crew Chief Fire Inspector may be required to sign
for his own work and the work of others in his group
provided, however, that such signing shall not relieve any
other member of his group from responsibility for the work
he performed or from being required to sign appropriate
Company work forms.
A Crew Chief Fire Inspector will also give on-the-job
instruction and training to Fire Inspectors when such
training and instruction is required by the Company. If any
checking, reviewing and verification of work forms related
to Fire Inspectors' work is necessary, it will be done by a
Crew Chief Fire Inspector. In addition a Crew Chief Fire
Inspector will be responsible for, and his duties shall
consist of and include, coordinating of work and scheduling
and issuing of any and all work forms consistent with the
overall work plan established by the Company.
The Crew Chief Fire Inspector shall also be familiar with
the duties of the Fire Inspector classification and will be
capable of performing such duties. He will assist his group
in the performance of such duties provided such assistance
does not interfere with the performing of his primary
responsibility as described above and provided, further,
that while he is performing Fire Inspectors' work his
primary duties are not assumed by others.
Where a Crew Chief Fire Inspector is employed, he, as well
as the Fire Inspectors, will assist in the training of
employee volunteer fire brigades and direct such employees
in fire fighting activities when required. A Crew Chief
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ARTICLE 4(A)(10) (CONTINUED)
may be assigned to coordinate the work of other Crew Chiefs.
In such instances, he may or may not have other employees
assigned to him.
The Crew Chief shall be required (on a non-exclusive basis)
to demonstrate proper work methods, conduct on-the-job
training, and conduct meetings or indoctrinate employees in
new or revised operational procedures.
(11) Fire Inspector
The work of a Fire Inspector shall consist of and include
all work recognized as Fire Inspector's work, including, but
not limited to, inspection and testing of all fire
prevention and control equipment such as hoses, nozzles,
sprinkler systems, valves, extinguishers, pumps, ladders,
fire carts, fire wagons, etc., and including the replacement
of necessary parts in fire extinguishers. They shall operate
all fire prevention and control equipment and stand by
during jobs involving a fire hazard when necessary. Fire
Inspectors will assist in the training of employee volunteer
fire brigades and direct such employees in fire fighting
activities when required. Fire Inspectors will operate all
pumping equipment; make observations for wind direction,
ceiling, and visibility; and inspect plant facilities for
fire and safety hazards. They shall administer first aid to
personnel when required. A Fire Inspector will not perform
any mechanical work of any nature.
(12) Crew Chief Ramp Serviceman
The work of a Crew Chief Ramp Serviceman shall consist of
and include, and be shall be responsible for leading,
directing, and assigning the work of other employees of the
Ramp Service classification to the satisfaction of the
Company. A Crew Chief Ramp Serviceman may be required to
sign for his own work and the work of others in his group
provided, however, that such signing shall not relieve any
other member of his group from responsibility for the work
he performed or from being required to sign appropriate
Company work forms.
A Crew Chief Ramp Serviceman will also give on-the-job
instruction and training to Ramp Servicemen when such
training and instruction is required by the Company. If any
checking, reviewing and verification of work forms related
to Ramp Service work is necessary, it will be done by a Crew
Chief Ramp Serviceman (unless it is performed by a higher
classification under this Agreement). In addition a Crew
Chief Ramp Serviceman will be responsible for, and his
duties shall consist of and include, coordinating of work
and scheduling and issuing of any and all work forms
consistent with the overall work plan established by the
Company.
The Crew Chief Ramp Serviceman shall also be familiar with
the duties of the Ramp Service classification and will be
capable of performing such duties.
He will assist his group in the performance of such duties
provided such assistance does not interfere with the
performing of his primary responsibility as
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ARTICLE 4(A)(12) (CONTINUED)
described above and provided, further, that while he is
performing Ramp Service work his primary duties are not
assumed by others. A Crew Chief may be assigned to
coordinate the work of other Crew Chiefs. In such instances,
he may or may not have other employees assigned to him.
The Crew Chief shall be required (on a non-exclusive basis)
to demonstrate proper work methods, conduct on-the-job
training, and conduct meetings or indoctrinate employees in
new or revised operational procedures.
(13) Ramp Serviceman
The work of a Ramp Serviceman will consist of and include
the transporting and handling of all commissary, food,
beverages, liquors, passenger service kits, supplies and
equipment, to and from the aircraft; including the preflight
check of all such items on board the aircraft. The Ramp
Serviceman will do all necessary work relative to the
preparation of the plane's service equipment for flight. A
Ramp Serviceman's duties will also include the loading and
unloading of aircraft galleys, the performance of errands in
connection with commissary and the transporting of
commissary and food service equipment to and from the
aircraft. The Ramp Serviceman will also be responsible for
work involving the cleanliness of the commissary at such
points and times Janitors do not perform such work under the
terms of this or the TWA-IAM Dining Service Agreement.
It is further intended that the Company will not be obliged
to change existing caterer operations except to the extent
that Ramp Servicemen be employed to handle all commissary
movements from caterer's truck to Company aircraft and vice
versa at the following stations: SFO, ORD, STL, PIT, BOS,
LAS, EWR, PHL, DCA, IAD, PHX, DEN, IND, CMH, and DAY. As
soon as possible, but not later than six (6) months from
October 18, 1976, Ramp Servicemen will also handle all
commissary movements from caterer's truck to Company
aircraft and vice versa at those stations not enumerated in
this paragraph.
The work of a Ramp Serviceman will include the handling of
baggage. Ramp Servicemen will also handle and operate all
passenger loading stairs and mobile lounges owned or
operated by the Company. The assembly and disassembly of
prefabricated kennels and shipping containers will be
performed by Ramp Servicemen.
The work of a Ramp Serviceman will include all work in
connection with all loading, unloading, and handling of all
mail, express, cargo, and air freight, also the crating,
uncrating, and recrating of all shipments in and about
Company facilities, wherever for any reason, it is necessary
to do so. In addition, he will perform all work connected
with the palletizing and depalletizing, including the
loading, unloading, buildup, breakdown, and tiedown of all
pallets, igloos and containers, at any Company owned and/or
occupied facilities. The Company shall furnish the necessary
tools for accomplishment of the above, and the Ramp
Serviceman shall not be permitted the use of other tools.
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<PAGE>
ARTICLE 4(A)(13) (CONTINUED)
The work of a Ramp Serviceman shall consist of and include
driving all types of trucks, tractors, Company operated
flight crew buses. and automotive equipment, the servicing
of aircraft and automotive equipment with fuel, oil, and
water, the greasing of automotive and ground equipment,
operation of bulk fuel stations and portable air
conditioners. He will maintain equipment used in his work in
a clean safe condition: however, he shall not perform any
mechanical work of any nature. It is further agreed and
understood that he may be required to perform other work of
a general utility nature.
The handling and acceptance of all freight, cargo, mail and
express, etc., mentioned in this classification, and the
preparation and handling of related forms, including the
receipt, checking and inventorying, labeling and warehouse
routing of all freight shipments, cargo, etc., which have
been tendered to the Company will be performed by Ramp
Servicemen, on a dock delivery basis, and/or channeled
through the appropriate Company warehouses, except as
otherwise provided under the terms of the letter from D. J.
Crombie to J. J. Schwind on Page 141. The on airport
transporting of all the above mentioned cargo, etc., between
all hangars, shops, mail facilities, express facilities.
aircraft, warehouses and trucks (except as expressly defined
in the Stores classification), etc., shall be performed by
Ramp Servicemen. The Ramp Serviceman shall operate and
handle all job related automated equipment, in addition he
shall operate all equipment owned or leased by the Company,
in performing the above job function. Ramp Servicemen may
also input and retrieve data from computers which they use
for the accomplishment of their work.
At Technical Service locations, the work of a Ramp
Serviceman will include the servicing and cleaning of
station equipment. including equipment used in the
performance of his duties. (Present Technical Service
locations are JFK/LGA, LAX, MCI and STL.) At other than
Technical Service locations, the work of a Ramp Serviceman
will include the work specified in paragraph (a)(18) of
Article 4. When there is a need for adding or eliminating a
station or stations from the Technical Service locations
listed above, the method to be used in effecting such
changes, insofar as such change affects the employee(s)
rights created by this Agreement, will be discussed and
resolved with the President - General Chairman. District 142
prior to such changes being implemented. Such change is to
be planned and effected in a manner which will minimize the
disturbance of the employee(s) seniority rights.
(14) Mechanic Helper
The work of Mechanic Helper shall include the performance of
simple repetitive jobs such as moving parts and equipment
exclusive of stores stock, cleaning out oil tanks, and other
duties now recognized as work of Mechanic Helper. Should the
Company desire to expand this classification to other simple
repetitive jobs, or to locations other than Engine Overhaul
- KCI, or to assist mechanics, it shall, prior to such
expansion secure the agreement of District 142 of the Union.
15
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<PAGE>
ARTICLE 4(A) (CONTINUED)
(15) Crew Chief Guard
The work of a Crew Chief Guard shall consist of and include,
and he shall be responsible for, leading, directing and
assigning the work of other employees of the Guard
classification to the satisfaction of the Company. A Crew
Chief Guard may be required to sign for his own work and the
work of others in his group, provided however, that such
signing shall not relieve any other member of his group from
responsibility for the work he performed or from being
required to sign appropriate Company work records.
A Crew Chief Guard will also give on-the-job instruction and
training to Guards when such training and instruction is
required by the Company. If checking, reviewing and
verification of work sheets and forms related to Guard work
is necessary, it will be done by a Crew Chief Guard. In
addition a Crew Chief Guard will be responsible for, and his
duties shall consist of and include coordinating of work and
scheduling and issuing of any and all work cards related to
Guard work, consistent with the overall work plan
established by the Company.
The Crew Chief Guard shall also be familiar with the duties
of the Guard classification and will be capable of
performing such duties. He will assist his group in the
performance of such duties provided such assistance does not
interfere with the performing of his primary responsibility
as described above and provided further that while he is
performing Guard work his primary duties are not assumed by
others. A Crew Chief may be assigned to coordinate the work
of other Crew Chiefs. In such instances, he may or may not
have other employees assigned to him.
The Crew Chief shall be required (on a non-exclusive basis)
to demonstrate proper work methods, conduct on-the-job
training, and conduct meetings or indoctrinate employees in
new or revised operational procedures.
(16) Guard
A Guard shall be defined as an employee, a majority of whose
work assignment consists of all Company required guarding of
gates, entrances, or other posts in and about Company
premises, patrolling areas, punching watchman clocks, use
and monitoring of electronic audio and video security
devices, and all other similar work generally recognized as
that of guard personnel.
(17) Crew Chief Fleet Service Helper
The work of a Crew Chief Fleet Service Helper shall consist
of and include, and he shall be responsible for leading,
directing, and assigning the work of other employees of the
Fleet Service classification to the satisfaction of the
Company. A Crew Chief Fleet Service Helper may be required
to sign for his own work and
16
<PAGE>
<PAGE>
ARTICLE 4(A)(17) (CONTINUED)
the work of others in his group provided, however, that such
signing shall not relieve any other member of his group from
responsibility for the work he performed or from being
required to sign appropriate Company work records.
A Crew Chief Fleet Service Helper will also give on-the-job
instruction and training to Fleet Service Helpers when such
training and instruction is required by the Company. If any
checking, reviewing and verification of work sheets and
forms related to Fleet Service work is necessary, it will be
done by a Crew Chief Fleet Service Helper (unless it is
performed by a higher classification under this Agreement).
In addition a Crew Chief Fleet Service Helper will be
responsible for, and his duties shall consist of and include
coordinating of work and scheduling and issuing of any and
all work cards related to Fleet Service work, consistent
with the overall work plan established by the Company. The
Crew Chief Fleet Service Helper shall also be familiar with
the duties of the Fleet Service Helper classification and
will be capable of performing such duties. He will assist
his group in the performance of such duties provided such
assistance does not interfere with the performing of his
primary responsibility as described above and provided,
further that while he is performing Fleet Service Helper
work his primary duties are not assumed by others. A Crew
Chief may be assigned to coordinate the work of other Crew
Chiefs. In such instances, he may or may not have other
employees assigned to him.
The Crew Chief shall be required (on a non-exclusive basis)
to demonstrate proper work methods, conduct on-the-job
training, and conduct meetings or indoctrinate employees in
new or revised operational procedures.
(18) Fleet Service Helper
At Technical Service locations the work of a Fleet Service
Helper shall include all cleaning, washing, and polishing of
aircraft both on interior and exterior. He may also be
required to clean all parts, ramp and automotive equipment,
exclusive of work normally performed by Ramp Servicemen. A
Fleet Service Helper shall do all chatting of parking lots
(provided that no driving is required), removing snow with
shovels and/or hand-operated snow blowers, cleaning ramps
and sidewalks, moving materials and equipment (exclusive of
Stores stock), provided that he operates no machinery. A
Fleet Service Helper will do all other work generally
recognized as common labor, and may be required to perform
Janitor work, and he shall do no mechanical work or work of
a higher classification. A Fleet Service Helper may operate
automotive equipment in connection with the performance of
his work. This driving shall not include the transporting of
employees other than Fleet Service Helpers or transportation
of parts, equipment, or material other than used in
connection with Fleet Service Helper work. A Fleet Service
Helper may be required to change seat covers and curtains.
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<PAGE>
ARTICLE 4(A) (CONTINUED)
(19) Crew Chief Janitor
The work of a Crew Chief Janitor shall consist of and
include, and he shall be responsible for, leading,
directing, and assigning the work of other employees of the
Janitor classification to the satisfaction of the Company. A
Crew Chief Janitor may be required to sign for his own work
and the work of others in his group provided, however, that
such signing shall not relieve any other member of his group
from responsibility for the work he performed or from being
required to sign appropriate Company work records.
A Crew Chief Janitor will also give on-the-job instruction
and training to Janitors when such training and instruction
is required by the Company. If any checking, reviewing and
verification of work sheets and forms related to Janitor
work is necessary, it will be done by a Crew Chief Janitor.
In addition a Crew Chief Janitor will be responsible for,
and his duties shall consist of and include, coordinating of
work and scheduling and issuing of any and all work cards
related to Janitor work, consistent with the overall work
plan established by the Company.
The Crew Chief Janitor shall also be familiar with the
duties of the Janitor classification and will be capable of
performing such duties. He will assist his group in the
performance of such duties provided such assistance does not
interfere with the performing of his primary responsibility
as described above and provided, further, that while he is
performing Janitor work his primary duties are not assumed
by others. A Crew Chief may be assigned to coordinate the
work of other Crew Chiefs. In such instances, he may or may
not have other employees assigned to him.
The Crew Chief shall be required (on a non-exclusive basis)
to demonstrate proper work methods, conduct on-the-job
training, and conduct meetings or indoctrinate employees in
new or revised operational procedures.
(20) Janitor
The work of a Janitor at overhaul bases and at major
stations and other locations, as outlined in the letter from
William Schecter, to William O'Driscoll on Page 144, shall
consist of and include the cleaning inside (also outside
first story, window washing) of buildings and hangars,
sweeping shops and walks, grass cutting, and other work
normally performed by Janitors.
(b) (1) In the respective classification and seniority groupings
listed above, whenever it is necessary to maintain employees
on a shift, they will work for Crew Chiefs in their
respective classifications and or seniority groupings. No
Crew Chief will be required to Crew Chief and direct the
work of a group totaling more than ten (10) other employees.
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<PAGE>
ARTICLE 4(B)(CONTINUED)
(2) In each respective classification and/or seniority grouping,
whenever it is necessary to maintain three (3) or more
employees on a shift, one of them will be a Crew Chief.
(3) The highest classification employed on a shift (up to and
including Mechanic) shall have a Crew Chief regardless of
the number of employees in such classification on that
shift. Whenever there are only one (1) or two (2) employees
in one or more classifications lower than the highest
classification on a shift, such employees will be assigned
to a Crew Chief who is in a classification above their own,
and in such situations the special composite crew will not
total more than ten (10) such diversified employees. If
there are more than ten (10) such employees involved, there
will be additional Crew Chiefs created.
(4) All Crew Chiefs shall have regular assigned crews. However,
a Crew Chief in any classification and/or seniority grouping
may be assigned duties which do not involve the assignment
of employees to him, provided that such duties are within
the scope of his job description as set forth under the
Agreement, and provided that such assignment does not result
in the employee to Crew Chief ratio being exceeded in any
way.
(5) Sub-paragraphs (1) through (4) above shall not apply to
Guards, who shall be governed by the following:
Wherever it is necessary to maintain three (3) or more
Guards on a shift, one of them shall be a Crew Chief Guard,
however, if this Article does not otherwise provide for the
employment of a Crew Chief Guard at a location where three
or more Guards are employed, a Crew Chief Guard shall be
employed at such locations. A Crew Chief Guard will not be
required to Crew Chief or direct a group of more than ten
(10) employees.
(c) The making and revising of individual assignments to the work
force shall be accomplished by a Crew Chief. If the Crew Chief is
unavailable in point of time adequately to handle a situation the
making or revising of an individual work assignment may be
accomplished by management. In the event of conflicting orders,
the responsibility shall be assumed by the last individual issuing
such orders. The supervision of the work force is ultimately the
responsibility of management.
(d) At stations accomplishing aircraft major checks (Check C), base
overhauls (Check D), and engine changes, on a pre-planned basis,
employees in the classification of Inspector or higher will be
required to conduct and sign off for the inspections connected
with such operations, including final release of aircraft for
flights.
(e) At all locations, (except as provided in Article 4(a)(5))
employees in the classification of Mechanic or higher will be
required to sign off for mechanical work connected with
accomplishment of routine aircraft maintenance of a type
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<PAGE>
ARTICLE 4(B)(2)(E) (CONTINUED)
which was on October 12, 1961, performed by Mechanics and
designated as station service, through service, daily service, and
fueling service, including special checks and special inspections
and final release of aircraft for flight.
(f) The two preceding paragraphs are not intended to change the
present practice of inspection or non-inspection in connection
with maintenance and overhaul work not specifically mentioned.
ARTICLE 5
EXAMINATION(S), LICENSE(S) REQUIREMENTS
AND TRAINING
(a) Examination (where applicable)
The Mechanic's Examination will consist of two (2) parts.
Employees bidding for vacancies in the Mechanic classification
must have successfully completed the applicable PART I. Employees
bidding for vacancies in classifications higher than Mechanic must
have successfully completed the applicable PART II. Employees must
have successfully completed the applicable PART I and hold
seniority in the classification of Mechanic or higher prior to
taking PART II in that specialty.
In the event an employee fails to pass the Mechanic Examination(s),
he may submit in writing (Registered or Certified Mail - Return
Receipt Requested) his request for review to the Employee Relations
Department, TWA, Kansas City International Airport, P. 0. Box 20126,
Kansas City, Missouri 64195, not later than five (5) days after
notification that he has failed the exam.
Such review shall be made by a Mechanic's Examination Committee of
four (4) consisting of two (2) members selected by the Union and
two (2) members selected by the Company from the Kansas City
point. The Committee may establish rules governing its procedure,
consistent with the provisions of the Agreement. The Committee
will meet at MCI/KCI during regular day shift working hours,
unless otherwise mutually agreed to, and members will not suffer
loss of pay while performing their duties. A member of the TWA
Training Section and the Union President - General Chairman, or
his designated representative, may serve as Co-Chairman to the
Committee without vote.
The Mechanic's Examination Committee will complete its review
within five (5) days after receiving the employee's request and
will thereupon advise the Company, Union and employee, in writing,
of its decision.
If the Committee determines that the employee has successfully
completed the examination, such decision is final and binding upon
the Company. If the Committee determines that the employee has
failed the examination, such decision is final and binding upon
the employee. In the event the Committee is unable to arrive at a
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<PAGE>
ARTICLE 5(A) (CONTINUED)
decision, a grievance may be filed in accordance with the
provisions of Article 11 omitting Step I of the grievance
procedure.
(1) PART I will consist of not more than two (2) hours of
written examination consisting of theory applicable to the
specialty. Employees who have successfully completed the
written examination for a specialty, other than his own,
will be required to successfully complete a practical
examination, not to exceed eight (8) hours, consisting of
more than one (1) work function applicable to the specialty.
All new employees will be required to successfully complete
a written examination (at least equivalent to the PART I
Examination) for the applicable specialty prior to filling
any Mechanic vacancy covered by this Agreement.
Employees who have successfully completed their probationary
period or trial period as a Mechanic will be considered to
have successfully completed PART I of the Mechanic's
Examination in that specialty.
(2) PART II will consist of not more than three (3) hours of
written examination consisting of job related work
applicable to the specialty. After successfully completing
the written examination, a practical examination will be
required, not to exceed eight (8) hours, consisting of more
than one (1) work function including Crew Chief type
activities related to the applicable specialty.
Employees who have successfully completed their probationary
or trial period as a Crew Chief Mechanic, Inspector, or
higher classifications will be considered to have completed
PART II of the Mechanic's Examination in that specialty.
(3) Application forms for Mechanic Examination(s) shall be
furnished by the Company and supplied by an employee's
immediate supervisor upon request. Employees may apply for
and complete only one (1) examination at a time. The Company
will notify the employee seven (7) days in advance of the
examination to be taken.
(4) Applications shall be submitted in duplicate with one (1)
copy forwarded by Registered or Certified United States Mail
(Return Receipt Requested): c/o Regional Employee Relations
Department, TWA, Kansas City International Airport, P. O.
Box 20126, Kansas City, Missouri 64195, and one (1) copy c/o
President - General Chairman, District Lodge 142, 400 N.E.
32nd Street, Kansas City, Missouri 64116.
(5) Within seven (7) days after completing the Mechanic
Examination, an employee will be notified in writing of the
results (including a statement identifying the area(s) of
deficiency for those failing the examination).
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<PAGE>
ARTICLE 5(A) (CONTINUED)
(6) PART I and II, Mechanic Examinations, methods of grading
procedures, applications, and job related specialties shall
be agreed to by both the Union and the Company.
(7) Results of the examinations shall be open to inspection by
the Local Grievance Committee or a representative designated
by District 142. A record of employees having successfully
completed Mechanic Examination(s) shall be maintained by the
Company.
(8) An employee who has completed fifteen (15) months continuous
active employment with the Company as a Mechanic may apply
for additional Mechanic Examination(s), PART I. Only an
employee currently working as a Mechanic or in a higher
classification who has completed fifteen (15) months
continuous active employment with the Company as a Mechanic
or higher classification may apply for additional Mechanic
Examination(s), PART II.
(9) At stations where maintenance instructors are based,
examinations will be given by the TWA Training Section. At
other stations a ranking Maintenance Representative
designated by the Company may give the examination under the
direction of the TWA Training Section. Such examination will
be given during an employee's regular working hours without
loss of pay. When it is impractical to schedule an
examination during an employee's regular working hours, such
examination may be scheduled during an employee's own time,
convenient and agreeable to the employee, and the employee
given compensating time off.
(10) All examinations will be completed not more than thirty (30)
days after an employee's application is received by the
Company. All employees will have a completion date effective
thirty-seven (37) days from the date the application is
received by the Company.
(11) Failure to appear for examination at the designated time and
place will invalidate the application, unless satisfactory
reason is given, in which case the time limits mentioned in
(10) above will be extended by the exact number of days
remaining in the original time limits, computed from date of
the missed examination. Such extension will begin from the
date the employee returns to work.
(12) Employees who fail to pass the examination will not be
permitted to take the same examination within ninety (90)
days from date of previous examination.
(13) Where a license or licenses are required, no examination
will be required, except the practical portion of PART II,
where applicable.
(14) An employee having achieved the Master Mechanic rating prior
to July 1, 1955, will be considered as having passed the
Mechanic's Examination(s).
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<PAGE>
ARTICLE 5(A) (CONTINUED)
(15) No employee accruing seniority as a Crew Chief, Flight
Simulator Technician, Inspector, or Mechanic on the date of
the Agreement will be required to take additional Mechanic's
Examinations to maintain his rating.
(16) Any employee holding seniority in the Mechanic classification
bidding for a Mechanic vacancy in a different specialty must
have successfully completed the Mechanic's Examination PART I,
applicable to that specialty.
(17) Any employee holding seniority in the Mechanic classification
or higher, bidding for or displacing into an Inspector or Crew
Chief classifications above Mechanic, must have successfully
completed the Mechanic's Examination PART II, applicable to
that specialty.
(18) Employees having passed the Mechanic's Examination(s) as
provided for in the TWA-IAM Agreement signed August 25,
1966, will be considered as having successfully completed
the Mechanic's Examinations PART I and PART 11, applicable
to that specialty.
(19) Employees having successfully completed the applicable
Mechanic's Examination PART II will be considered as
qualified in connection with bids for Inspector and Crew
Chief Jobs in the Mechanic classification or higher.
(20) Employees having successfully completed the applicable
Mechanic's Examination PART I will be considered as
qualified in connection with bids for jobs in the Mechanic
classification.
(b) Employee(s) in a classification below Mechanic must have a
qualification sheet on file as provided in Article 6(f)(12) prior
to submitting an application for a Mechanic's Examination.
Upon receipt of the employee's application, the Company will
review the employee's qualification record on file, work
experience and the applicable performance standard as agreed upon
by the Company and Union. Employees who meet the basic
requirements will be scheduled for the applicable PART I
Examination as outlined in Article 5(a)(10).
The Company will notify the employee in writing when it is
determined that the employee does not meet the basic requirements
for the applicable PART I Examination. The employee may request a
review of his qualifications in the same manner as provided for in
Article 10(b)(19).
(c) Employees not holding seniority in the Flight Simulator Technician
classification will be required to successfully complete the
Flight Simulator Technician Examination Part I prior to submitting
a bid to fill a vacancy in the Flight Simulator Technician
Classification. Such Examination will be agreed upon by the
Company and the Union.
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<PAGE>
ARTICLE 5(C) (CONTINUED)
Flight Simulator Technicians, prior to the commencement of the
ninety (90) day trial period, will be assigned a sixty (60) day
training period during which he/she will receive classroom and on-
the-job training.
(d) Stores Classification:
Employees not holding seniority in the Stores classification will
be required to successfully complete the Stores Examination prior
to submitting a bid to fill a vacancy in the Stores
classification. Such Examination will be agreed upon by the
Company and the Union.
(e) Ramp Serviceman Classification:
Employees not holding seniority in the Ramp Serviceman
classification will be required to successfully complete the
Fueling Examination prior to submitting a bid to fill a vacancy in
such classification. The examination will be agreed upon by the
Company and the Union.
(f) Employees must have a qualification sheet on file as provided in
Article 6(f)(12) prior to submitting an application for Stores or
Fueling Examinations.
Upon receipt of the employee's application, the Company will
review the employee's qualification record on file and work
experience.
Employees who meet the basic requirements will be scheduled for
the applicable examination.
The Company will notify the employee in writing when it is
determined that the employee does not meet the basic requirements
of the job.
(g) License Requirements
(1) Crew Chief Inspectors and Inspectors
(a) Overhaul Bases
(1) Airframe Overhaul - Must possess FAA "A & P'
license or FCC General Radio-telephone license,
or higher, depending upon the work to which
assigned.
(2) Power Plant Overhaul - Must possess FAA "P"
license.
(b) Line Stations - Must possess FAA "A & P" license or
FCC General Radio-telephone license, or higher,
depending upon work to which assigned.
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<PAGE>
ARTICLE 5(G) (CONTINUED)
(2) Crew Chief Mechanic
(a) Overhaul Bases - Airframe Hangar Specialties
(1) <F*>Aircraft Must possess FAA "A" license.
(2) <F*>Aircraft Engine - Must possess FAA "P"
license.
(3) <F*>Hydraulic - Must possess FAA "A" license.
(4) Radio - Must possess FCC General Radio-telephone
license, or higher.
<F*> Possession of FAA 'A' or 'P' license will
suffice for employees in these Specialties as of
July 1, 1955.
(b) Overhaul Bases - Shop Assigned Specialties
(1) Power Plant Overhaul - Must possess FAA "P"
license.
(2) Radio Shop - Must possess FCC General Radio-
telephone license, or higher.
(c) Line Stations (where applicable) - Must possess FAA
"A & P" license and FCC Restricted Radio-telephone
Operator's permit or Radio-telephone license, second
class or higher, depending upon the work to which
assigned.
(3) Line Service and Overhaul Bases (where applicable) -
Mechanics or higher holding or bidding for line service
assignments, will be required to possess and exercise valid
FAA "A & P" license(s) and FCC Restricted Radio-telephone
Operator's permit, or General Radio-telephone license, or
higher, depending upon the work to which assigned.
(4) Employees possessing temporary FAA Certificate(s) shall be
considered as possessing the applicable license(s).
(5) No employee accruing seniority in any classification will be
required to obtain additional license(s) to maintain his
rating.
(6) It is understood that an employee having achieved the Master
Mechanic rating prior to July 1, 1955, bidding laterally for
positions requiring license(s) shall be allowed six (6)
months from date of acceptance as successful bidder to
obtain the necessary license(s). If he fails to obtain the
required license(s) within the specified period, he will
return to his former position at his own expense.
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<PAGE>
ARTICLE 5(G) (CONTINUED)
(7) In the event that Federal requirements are changed, the
Company and the Union will meet and make such changes in the
license requirements provisions as become necessary. In the
event that Federal agencies or their agents determine that
the work experience which can be acquired in a job does not
constitute the experience required to obtain or renew
Federal license(s), the requirements for such license(s)
under this Agreement shall be waived for employees working
in that job.
(8) Whenever an employee is required by State or Federal law to
possess a special permit and/or license to perform duties to
which he is normally assigned, such permit and/or license
will be paid for by the Company. The employee will be
allowed reasonable time off to obtain such permit and/or
license without loss of pay. This paragraph shall not apply
for the obtaining of FAA 'A' or 'P' licenses, or FCC Radio
Telephone licenses (second class or higher).
(9) Should there by any change during the life of this Agreement
in license requirements, all employees affected shall be
given a reasonable length of time from the date of change to
obtain such license without change in status or pay. Any
qualified employee, upon request, shall be furnished with a
certificate of eligibility by the Company for presentation
to the proper government agency for procuring an FAA or FCC
license.
(h) (1) Inspector and Mechanic Training
(a) New Equipment
As new equipment is introduced into the system, Inspectors
and Mechanics affected will be given training (Classroom
and/or on-the-job) concerning such equipment to gain
proficiency in their work.
(2) All Crew Chiefs
(a) New Equipment
As new equipment is introduced into the system, each
Crew Chief affected will be given training (Classroom
and/or on-the-job) to gain proficiency in his work and
further will receive an amount of technical training
that is equal to the amount of training to be received
by his immediate supervisor for that specialty.
(b) Administrative
The Company will provide administrative training to
all Crew Chiefs. Such training will be for the purpose
of acquainting such Crew Chiefs with the elements of
leadership and direction, the effective coordination
of work and requisite record keeping.
26
<PAGE>
<PAGE>
ARTICLE 5(H) (CONTINUED)
(3) Crew Chief Inspector and Crew Chief Mechanic Training
Recurrent
Each Crew Chief Mechanic and Crew Chief Inspector will
receive annual recurrent training (Classroom and/or on-the-
job) of a similar order as that given such Crew Chief's
immediate supervisor for the specialties listed on the
following list:
Minimum Hours
Annual Recurrent
Crew Chief Classification by Specialty Training
-------------------------------------- ----------------
Metal 20
Electrical 20
Hydraulic 20
Radio 20
Instrument 20
Engine Overhaul 20
Aircraft 20
Aircraft - Engine 20
Hangar - Line (A & P Line) 20
Plating 20
Electro Mechanical 20
Electronic 20
Automotive 20
Ground Equipment and Repair 20
Welding 20
(4) Crew Chief Flight Simulator Technicians will receive a
minimum of twenty-four (24) hours annual recurrent training
on-the-job and/or in the classroom and both they and Flight
Simulator Technicians will be given new equipment training
consistent with the principles set forth in paragraph 1
above.
(5) Any of the foregoing training which is on-the-job training
will be given on the employee's regular shift and during his
regular hours.
(6) Any of the foregoing training which is classroom training
will be minimum increments of four (4) hours each.
(7) Training of newly assigned station personnel i.e.. Ramp
Service employees, transferring to a station outside the
metropolitan area with unique job functions (e.g.: receipt &
dispatch, de-icing, aircraft towing) will be provided
sufficient training after reporting to the new station and
prior to an assignment to perform functions.
ARTICLE 6
SENIORITY
(a) Seniority (Company and Classification)
27
<PAGE>
<PAGE>
ARTICLE 6(A) (CONTINUED)
(1) Seniority shall be defined as the length of service for
which an employee receives credit, regardless of location,
in any of the classifications covered by this Agreement with
this Company or any of its predecessors.
(2) The definition of seniority shall include ability to perform
the required work of the job in a satisfactory manner, and
except as hereinafter provided shall accrue from the date of
entering a classification on a regular assignment. Seniority
shall be applicable to all classifications covered by the
Agreement.
(3) Company seniority shall be defined as the date of hire
(i.e., first day of work). An employee's company seniority
date will not be adjusted for assistant/part-time service.
(4) Classification seniority date shall be adjusted based on
one-half accrual for assistant/part-time service and shall
be used for bidding purposes except as otherwise provided in
the agreement.
In the exercise of seniority:
(a) If two or more employees in the same Crew Chief
classification have the same Crew Chief seniority
date, basic classification seniority shall govern.
Should this be one and the same date (Mechanic and
Above: Refer to (b) below) Company seniority shall
govern. Should this be one and the same date, the
alphabetical order of the employees' names shall
govern.
(b) If two or more employees in the same basic
classification above Mechanic have the same
classification seniority date, Mechanic seniority
shall govern. Should this be one and the same date,
Company seniority shall govern. Should this be one
and the same date, the alphabetical order of the
employees' names shall govern.
(c) If two or more employees in the same basic
classification, Mechanic or below, have the same
classification seniority date, Company seniority shall
govern. Should this be one and the same date, the
alphabetical order of the employees' names shall
govern.
(5) Periodically it may become necessary to separate or combine
seniority groupings. These changes will not be made
arbitrarily or without good reason. They will be made only
to achieve improved operation, performance, and working
conditions from which everyone will benefit. Such changes
necessarily present problems which must be worked out with
the cooperation of everyone concerned. When the need for a
change in seniority groupings which may affect seniority
exercise has been recognized, and the nature of such change
has been determined by the Company, the method to be used in
effecting such change will be discussed and resolved with
the appropriate Union representatives. Such change will be
planned and effected in a manner which will minimize the
28
<PAGE>
<PAGE>
ARTICLE 6(A)(5) (CONTINUED)
disturbance of employees' seniority exercise. Regardless of
other provisions of this Agreement, employees whose
seniority exercise may be affected by any separation or
combining of seniority groupings, shall be permitted to
exercise seniority for choice of assignment in the groupings
affected. Any such change will be preceded by adequate
advance notice to all employees affected.
(6) At the Overhaul Base, it is agreed that in the transfer of
work or the assignment of new work, the Company will assign
it to the appropriate specialty. When such transfer of work
takes place, the Company and the Union will agree on the
disposition of the personnel affected as a result of such
transfer.
(7) The principle of seniority shall apply in the application of
the Agreement in all reductions or increases of force,
preference of shift, days off, vacation period selection, in
bidding for vacancies or new jobs, and in all promotions,
demotions, or transfers involving classifications covered by
this Agreement.
(b) Probationary Employees:
(1) Upon entering an IAM Agreement, employees not holding
seniority in any of the TWA-IAM Agreements will be
considered as probationary employees for the first one
hundred twenty (120) days of their employment, excepting
such employees hired as mechanics who will be considered as
probationary employees for the first one hundred eighty
(180) days of their employment, and there shall be no
responsibility on the part of the Company or the Union for
reemployment of probationary employees if they are
discharged or laid off during this period.
(2) If retained after the probationary period, the names of such
employees shall then be placed on the appropriate seniority
list as of their date of hire. The seniority of employees
subject to the one hundred eighty (180) days probationary
period will be considered after they, have completed one
hundred twenty (120) days of such probationary period for
the purpose of exercising seniority in the event of
reduction and or displacement.
(3) It is understood that employees promoted will be subject to
a trial period in accordance with Article 10(b)(16). Such
employees promoted into the mechanic classification will be
subject to a one hundred eighty (180) day trial period.
(c) System Seniority Lists:
(1) Seniority lists, corrected to December 1 and June 1, shall
be prepared by the Company, and furnished each local
Committee and the President - General Chairman for the
Union, and shall be posted on bulletin boards at each point
on the system by January 1 and July 1 each year. Errors of
omission and typographical errors will be corrected
currently with a copy furnished the President - General
Chairman.
29
<PAGE>
<PAGE>
ARTICLE 6(C) (CONTINUED)
(2) All seniority lists shall be open to protest for a period of
fifteen (15) days from date of posting, but if the seniority
date on a list is not protested within the prescribed time
limit after the initial appearance of a name on a list, such
date shall stand as correct and official on all subsequent
lists. Any employee on leave, on special assignment, in a
laid-off status, on vacation, or on sick or injured absence
at the time of posting shall have a period of fifteen (15)
days from the date of his return to service to file a
protest. The Company shall thereafter post any revisions in
the list, and any adjustment or failure to make an
adjustment with which an employee or the Union may be
dissatisfied shall be handled as a grievance in accordance
with the provisions of Article 11 upon request of the party
filing the protest or an employee affected by any adjustment
made. The filing of the grievance must be made within seven
(7) days after the posting of the revisions, and any
employee on leave, on special assignment, in a laid-off
status, on vacation, or on sick or injured absence at the
time of posting such revisions shall have a period of seven
(7) days from the date of his return to service to file such
grievance.
Regardless of other provisions of this Agreement to the
contrary, when the Company and the Union mutually agree that
a seniority list should be changed to comply with the
provisions of this Agreement, or when it has been
established through the grievance procedure that a list
should be changed, such change will be posted currently. It
is understood that any resulting adjustment in the list
shall not create any liability to the Company or the Union.
(3) System seniority lists will reflect names of employees in a
classification in the order of basic classification
seniority, except that in the classification of Inspector,
employees will be listed in the order of Mechanic seniority.
If two or more employees in the same classification
(Mechanic and below) have the same classification seniority
date their names will appear in the order of Company
seniority. Should this be one and the same date the names
will then be arranged in alphabetical order.
(4) The classes or crafts covered by this Agreement are
identified as the classifications set forth herein and for
the purpose of computing and applying seniority, it is
understood that all Company operations within any city or
metropolitan area shall be considered as one point.
1. Crew Chief Systems Technician
2. Crew Chief Flight Simulator Technician
3. Flight Simulator Technician
4. Crew Chief Inspector
5. Inspector
6. Crew Chief Mechanic
7. Mechanic
8. Crew Chief Stores Clerk
9. Stores Clerk
10. Crew Chief Fire Inspector
30
<PAGE>
<PAGE>
ARTICLE 6(C)(4) (CONTINUED)
11. Fire Inspector
12. Crew Chief Ramp Serviceman
13. Ramp Serviceman
14. Mechanic Helper
15. Crew Chief Guard
16. Guard
17. Crew Chief Fleet Service Helper
18. Fleet Service Helper
19. Crew Chief Janitor
20. Janitor<F*>
<F*> One combined seniority list for Janitors under this
Agreement and Dining Service Agreement.
(5) When an employee goes to a higher classification (Full
Time/Part Time) covered by any TWA-IAM Agreement, he shall
continue to accrue seniority in the lower classification
from which promoted. The basic classification listed in (4)
above (i. e., Mechanic, Stores Clerk, Janitor, etc.) shall
govern in considering which is a higher or lower
classification.
(d) Loss of Seniority
An employee will lose his seniority status and his name will be
removed from the seniority list(s) under the following conditions:
(1) He accepts any position not covered by any of the TWA-IAM
Agreements, with this Company or any of its predecessors,
regardless of location (except as provided in this
Agreement).
(2) He quits or resigns.
(3) He is discharged for just cause.
(4) An employee who voluntarily reduces himself from a
classification, including accepting a bid to a lower
classification, shall have his name removed from the
seniority list for that classification from which he is
being reduced, for Crew Chief in that classification and for
all lower classification(s), including Crew Chief, which he
voluntarily bypassed and shall lose all seniority and pay
credit for such classifications), except as provided in
Article 10(b)(3). An employee holding seniority in
classifications) above Mechanic who voluntarily reduces
himself from the Mechanic classification shall have his
name removed from the seniority list for all higher
classification(s) and shall lose all seniority and pay
credit in such classification(s). However, an employee who
has received a notice of reduction to a lower classification
and, prior to actual reduction, submits a bid and accepts a
job to fill a vacancy in the same or higher classification
than the one to which he is being reduced, will not forfeit
seniority in the classification from which being reduced.
31
<PAGE>
<PAGE>
ARTICLE 6(D) (CONTINUED)
(5) He does not inform the Company in writing or by telegram of
his intention to return to work within seven (7) calendar
days after date of sending a notice offering to re-employ
him after a layoff, unless satisfactory reason is given.
(6) He accepts recall for temporary work, including promotion on
a temporary basis, and quits before completion of the
temporary period for which recalled.
(7) He does not return to work on or before a date specified in
the recall notice from the Company after a layoff, which
date shall be not prior to seventeen (17) calendar days
after receipt of such notice. Any notice provided for in
this paragraph shall be sent by Certified Mail (Return
Receipt Requested) or telegram/mailgram to the employee only
at the last address filed in writing by him with the
Employee Relations Department. This paragraph and (d)(5)
above shall not apply to offers of temporary work. Whenever
the approximate duration of the work period for which the
employee is being recalled is known to the Company and
specified in the recall notice, the vacancy shall be
considered as temporary.
(8) He engages in gainful employment while on leave of absence
in violation of Article 13(e).
(9) He fails to return to work at the end of an authorized leave
of absence, unless satisfactory reason is given.
(10) He is absent three (3) consecutive work days without
notifying the Company, unless satisfactory reason is given.
(11) Any employee who loses seniority under (5), (6), (7), (8),
(9) or (10) preceding will be notified by certified mail,
copy to the Local Union Representative, of the specific
paragraph under which such action was taken.
Within thirty (30) days from the date of such notice, he may
submit by certified mail, copy to the Local Union
Representative, his request for a hearing to the Manager -
Employee Relations for his region.
A hearing will be held no later than ten (10) days after
receipt of the employee's request and a written decision
will be issued within three (3) work days after the close of
the hearing. If the decision is not satisfactory, then
appeal may be made in accordance with the procedure
prescribed in Step 3.
(12) Any employee who fails to exercise seniority as required in
6(e)(4), 6(f)(8), 6(f)(11)(a), 6(f)(19)(c) and 10(b)(9).
(e) Reduction and Increase of Working Force
(1) All reductions and/or displacements within a seniority
grouping and/or classification at a point shall be effected
in the inverse order of seniority. When
32
<PAGE>
<PAGE>
ARTICLE 6(E)(1) (CONTINUED)
an employee is being reduced or displaced in a seniority
grouping and a vacancy exists in his seniority grouping,
such vacancy will be canceled and filled by the reduced or
displaced employee.
(2) An employee who is being reduced or displaced from a
seniority grouping must exercise his classification
seniority as follows:
(a) The specialty at the location.
(b) The specialty at the point.
(c) The classification at the location, where qualified.
(d) The classification at the point, where qualified.
(e) When an employee is being reduced or displaced and
cannot displace in his classification at a point and
prior to actual reduction or layoff a vacancy exists
in his classification, at his point. That vacancy will
be canceled and filled by the reduced or displaced
employee, if qualified.
(3) The Company will notify an employee in writing after it is
determined that there is not a less senior employee for
which the displacing employee is qualified in the
classification at the point. Such notice shall be sent by
certified mail (addressee only) to those employees who are
not at work.
(4) (a) Not later than the employees third work day after he
is so notified the employee may notify the Company, in
writing of the point(s) on the system to which he
wishes to exercise seniority in the classification
from which he is being reduced. At the time an
employee notifies the Company of his desire to
displace on the system, he must submit a written
notice, copy to the designated Local Union
Representative, if he will accept recall to his former
specialty/classification at the point from which
reduced. Such recall will be only in the classification
from which he is being reduced. However, in the Mechanic
classification such recall will be only in those
specialties in which he has completed a trial period.
This recall notice may be canceled by the employee in
writing to the Company in the same manner as preference
bid submissions in Article (10)(b)(1) plus one copy to
the employee's supervisor.
(b) An employee who displaces on the system holding
seniority in any classification higher than the one to
which he is displacing may indicate at that time his
intent to be recalled to his former point in the
classification from which displaced. Such employee may
waive his recall to any higher classification(s) at
his displacing point. If the employee does not waive
this recall and accepts a position in a higher
classification at his displacing point and
subsequently accepts recall to his former point, he
will forfeit seniority in such higher classification(s).
If an employee does not waive
33
<PAGE>
<PAGE>
ARTICLE 6(E)(4)(B) (CONTINUED)
recall to any higher classification under this
provision, Article 6(f)(2) will apply.
Notices mentioned above may be canceled by the
employee in writing as set forth in Article 10(b)(1),
including one copy to the employee's supervisor. If an
employee cancels this notice, he will lose recall to
his former point.
(c) The Company will notify the employee of the point on
the system where he must exercise his seniority to
displace the least senior employee working at the
point(s) to which he wishes to exercise seniority. In
the event an employee cannot displace in his
classification at the point(s) selected pursuant to
the above, the vacancies exist in his classification
at the point(s) selected, the vacancy nearest the
point of his reduction will be canceled and filled by
the employee, seniority permitting.
An employee who displaces on the system shall not be
required to report to his displacing point within
forty-eight (48) hours of the completion of his last
scheduled work shift at his former point. Such
employee may waive the allotted forty-eight (48) hour
period by notifying the Company in writing of his
intent to do so, and in such case shall be required to
report to his displacing point on the report date
determined by the Company. An employee electing to
utilize the allotted forty-eight (48) hour period
shall not be compensated for such time.
(d) An employee displacing on the system will displace in
his specialty where possible. If the employee has
insufficient seniority to hold his current specialty
at the point(s) selected he must displace the least
senior employee of all specialties in which he is
qualified at those points selected seniority
permitting.
(e) An employee failing to so exercise his seniority will
lose all seniority, will be removed from the seniority
lists, and his refusal to displace on the system will
not affect any other displacements for which notice
has been issued. However, if such results in other
than the least senior employee on the system being
laid off, the most senior employee from another point
will be permitted to displace the least senior
employee not thus laid off, etc.
(5) If an employee fails to notify the Company of his desire to
displace on the system, it will be conclusively presumed
that he elects to exercise seniority at his point in a lower
classification in which he holds seniority.
An employee who fails to exercise his seniority in a lower
classification at his point, where it is possible for him to
do so, will lose all seniority and forfeit all recall rights
in such lower classification.
34
<PAGE>
<PAGE>
ARTICLE 6(E) (CONTINUED)
(6) An employee must displace in his highest classification at
his point before displacing in the next lower
classification, etc.
(7) Subject to other provisions of this Agreement, the following
conditions will apply:
(a) A Crew Chief Mechanic may not exercise his Crew Chief
Mechanic's seniority in a specialty in which he has
not worked as a Crew Chief Mechanic unless he has
successfully completed PART II of the Mechanic
Examination for that specialty.
(b) An Inspector may not exercise his Inspector's
seniority into a specialty in which he has not worked
as an Inspector unless he has successfully completed
PART II of the Mechanic Examination for that
specialty.
(c) An Inspector may not submit a bid for a lateral
transfer to a different specialty within his
classification, unless he has successfully completed
PART II of the Mechanic Examination for the specialty.
(8) An employee who fails to exercise seniority at his point in
the classification from which reduced where it is possible
for him to do so, will lose all seniority in such
classification.
(f) General
(1) In reductions where more than one employee is displacing at
a point, the most senior of those displacing must displace
first, then the next senior, etc. Displacement on the system
will be in the same manner, except that in reductions where
more than one employee is displacing on the system, the
least senior employee being displaced on the system will be
displaced by the most senior employee displacing who has
listed the point of the former as acceptable.
(2) Any employee in a reduced or laid off status must accept
recall in any higher classification at his point, where
possible to do so, or forfeit seniority in that
classification, except as otherwise provided in this
Agreement.
(3) Only an employee holding classification seniority of at
least one (1) year, on the day preceding the date notice of
reduction is given, under the provisions of Article
6(f)(10), will be permitted to exercise seniority to
displace on the system in such classification (and such
specialty as provided in Article 6(e)(4)(d)). It is
understood that an employee with less than one (1) year's
seniority in the classification from which reduced may elect
to displace on the system in the next lower classification
in which he holds a minimum of one (1) year's seniority,
provided he is unable to displace at his point in such
classification. If he elects to displace on the system in
the next lower classification, his recall to his former
location will be in that lower classification as provided in
Article 6(e)(4).
35
<PAGE>
<PAGE>
ARTICLE 6(F) (CONTINUED)
(4) Crew Chief and classification seniority above Mechanic will
not be used to displace on the system.
(5) In the event there is a dispute regarding an employee's
qualifications as they affect his rights to displace, the
reduction will proceed as though the Company has made a
correct determination of the qualifications. If it is later
determined that the employee is qualified, he will then be
permitted to exercise his seniority at the time of and in
accordance with such qualification determination, and any
resulting displacement or layoff will be on the basis of the
current status of the employees in jobs at that time.
(6) (a) An employee who is to be reduced or laid off in a
reduction of force because the Company has determined
that he is not qualified for any classification in
which he seeks to exercise seniority may request a
review of his qualifications. Such employee may submit
in writing via certified U. S. mail his request for
review to: Employee Relations Department, TWA, Kansas
City International Airport, P. 0. Box 20126, Kansas
City, Missouri 64195, not later than one (1) work day
after written notification that he is to be reduced.
(b) Such review shall be made by a Qualifications
Committee of four (4) consisting of two (2) members
selected by the Union and two (2) members selected by
the Company. The Committee may establish rules
governing their procedure, consistent with the
provisions of the Agreement. In reviewing the
employee's qualifications, the Committee will consider
the employee's work experience with the Company and
his record of qualifications filed under Article 6(f)
(12), and the employee's ability as indicated by
performance standards as agreed upon by the Company
and the Union.
(c) The Qualifications Committee will meet during regular
day shift working hours, unless otherwise mutually
agreed to, and members will not suffer loss of pay
while performing their duties. A member of the TWA
Employee Relations Department and the Union President
- General Chairman, or his designated representative,
may serve as Co-Chairman to the Committee without
vote.
(d) The Qualifications Committee will complete its review
within five (5) calendar days after receiving the
employee's request and will thereupon advise the
Company, Union, and employee, in writing, of its
decision.
(e) If the Qualifications Committee determines that the
employee is so qualified, such determination is final
and binding upon the Company and the Company is then
obligated to place the employee in the job, seniority
permitting. If the Committee determines that the
employee is not so qualified, such determination is
final and binding upon the employee.
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<PAGE>
ARTICLE 6(F)(6) (CONTINUED)
(f) In the event the Committee is unable to arrive at a
majority decision, a grievance may be filed in
accordance with the provisions of Article 11 omitting
Step I of the grievance procedure.
(7) Whenever an employee moves to another point (either by bid
or displacement), he will take all seniority to the new
point. Any seniority taken to another point may thereafter
be exercised for any openings subsequent to his arrival at
that point except as provided in this Agreement.
(8) (a) Any employee who has displaced on the system must
accept recall to the first job opening in the highest
classification for which qualified, and in which he
holds seniority, at his displacing point or forfeit
seniority in that classification except as provided in
Article 6(e)(4).
(b) In the event an employee who has displaced on the
system is recalled to his former point, he must notify
the Company representative designated in the recall
notice in writing within one (1) work day after
receipt of recall notice of his acceptance of the
recall. If an employee fails to notify the designated
Company representative in writing within the time
limits specified above, he will forfeit all recall
rights at his former point. If he accepts recall, he
will be required to report to the point from which
reduced on the date specified in the recall notice,
not less than seventeen (17) days, unless otherwise
mutually agreed to. If an employee refuses recall
after he has indicated acceptance of a notice of
recall, he will lose all seniority and will be removed
from all seniority list(s).
(c) If an employee files any bids at his displacing
location requesting transfer to another location,
point, or classification at the point or specialty at
the point (excluding bids to another seniority
grouping in the specialty at the point) and accepts
such transfer, he shall thereupon forfeit recall
rights to the location or point from which displaced.
(d) An employee who is subsequently displaced and
exercises seniority to another point may notify the
Company, pursuant to Article 6(e)(4), of his desire to
cancel a former recall point and designate the point
from which he is displacing as the new recall point.
If a displaced employee is furloughed he will be
recalled to the point designated above or to the point
from which he was furloughed. Refusal of recall to the
designated point will not cancel recall to the point
from which furloughed. Recall to the point from which
he was furloughed will not cancel recall to the
designated point.
(9) An employee exercising seniority to displace who is found
not qualified in his new job will be laid off, provided he
is unable to return to the specialty at the point from which
reduced, and when so disqualified he shall lose all rights
to layoff pay. He shall have recall rights only to the
specialty at the point from which originally reduced or laid
off.
37
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<PAGE>
ARTICLE 6(F) (CONTINUED)
(10) Ten (10) work days notice or pay therefore, at the Company's
option, will be given employees to be reduced before a
reduction is made, and a copy of such notice will be
furnished the employee and the designated Local Union
Representative. Where there is temporarily no work because
of an Act of God, circumstances over which the Company has
no control, or work stoppage and strikes by employees of the
Company, it shall not be considered a normal reduction in
force and subject to this provision.
(11) (a) Seniority will apply in the restoration of forces of
all classifications: the most senior qualified
employee holding seniority in the classification who
is reduced to a lower classification at the point or
laid off at the point or with system recall rights
will be recalled in seniority order prior to any
employees with lateral recall rights at the point.
An employee (Mechanic and higher) at the point
displaced from one specialty to another within his
classification will retain lateral recall rights to
his former specialty providing that at the time of
displacement to the new specialty he has submitted
written notice to the Company, COPY to the designated
Local Union Representative, stating his desire to
accept recall to his former specialty. The employee
may cancel such recall option by written notification
to the Company anytime prior to the date of notice of
recall. If the employee refuses recall, he shall
forfeit lateral recall rights. Lateral recall rights
at the point are canceled if the employee is laid off
at the point, leaves the classification at the point
or displaces to another point.
Employees displaced from one seniority grouping to
another, at the point, in the Ramp Service
classification shall have the same recall rights
provided above.
A reduced employee at the point shall have one (1)
work day after receipt of the recall notice to notify
the Company in writing of his acceptance of the
recall.
(b) Any employee in a reduced or laid off status at the
point must accept recall to the first job opening in
the highest classification for which he is qualified
at the point from which he was reduced or laid off or
he will forfeit seniority in that classification.
(c) An employee reduced from a classification shall not
continue to accrue service for pay purposes in the
higher classification from which reduced, but upon
return to the higher classification will be paid not
less than the hourly rate applicable for previously
accrued service.
(d) Employees laid off in a force reduction will accrue
all classification seniority, but shall only accrue
service credit for pay purposes up to a maximum of
thirty (30) calendar days after date of layoff.
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ARTICLE 6(F) (CONTINUED)
(12) (a) It shall be the responsibility of each employee to
file with the Employee Relations Department of the
Company and with the President - General Chairman of
the Union a complete record of his qualifications for
use in making proper determination of an employee's
ability in the future exercise of seniority, and to
keep such record current at all times.
(b) Only the record of the employee's work experience with
the Company, license(s), completed examinations and
his qualification record on file ten (10) days prior
to notice of reduction, displacement or recall will be
considered. Only such materials on file one (1) day
prior to the posting date of a bid will be considered.
(c) The Company shall be relieved of all liability in any
case where the employee is not selected as successful
bidder, is not permitted to displace, or is not
recalled because of information not being in his
qualification record.
(13) The Company will maintain a current, corrected listing of
employees, in seniority order, by seniority grouping, in
each classification and location, for use of employees
exercising seniority under the terms of this Agreement.
(14) In the case of demotion due to reduction in force the
employee demoted shall continue to accrue seniority in the
classification from which demoted if he was unable to
exercise seniority in such classification.
(15) Employees covered by the Agreements may voluntarily reduce
themselves to lower classifications in which they hold
seniority, by giving written notification to the Company,
the Steward and Local Union Committee.
Such voluntary reduction shall be effected after an eight
hour break following the work shift that notice to the
Company is given and such employees will be allowed full
seniority, exercise.
(16) Employees who are laid off will be given the opportunity to
bid for vacancies in accordance with the provisions of
Article 10.
(17) In the event a Crew Chief is reduced and is unable to
exercise seniority in his classification or if he should
forfeit his Crew Chief seniority, he shall return to the
basic classification in the seniority grouping where he was
serving as Crew Chief.
(18) Employees at a point promoted to Inspector, Flight Simulator
Technician or Crew Chief Systems Technician who are reduced
and are unable to exercise seniority in their respective
classification, or voluntarily reduce themselves, shall
return to the seniority grouping from which promoted,
seniority permitting.
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<PAGE>
ARTICLE 6(F) (CONTINUED)
(19) (a) Any employee accepting any position with the Company
not covered by TWA-IAMAW Agreements shall retain but
shall no longer accrue seniority.
(b) In the event an employee returns to a position covered
by this Agreement, he shall displace only the least
senior employee in the specialty at the location from
which promoted, seniority permitting, and assume the
shift and days off of the displaced employee.
(c) Any employee who has retained seniority in accordance
with paragraph (a) and who leaves a position with the
Company not covered by the TWA-IAM Agreements, must
thereupon exercise his seniority in accordance with
paragraph (b) or forfeit his seniority.
(d) An employee who has applied for disability retirement
benefits under the Retirement Plan for employees
covered by this Agreement, and is continuing
employment with the Company after being found unable
to perform the duties of his classification but able
to perform the duties in another classification, will
retain and continue to accrue seniority under the
Collective Bargaining Agreement in the higher
classification(s) during the period of such
disability.
(20) Flight Simulator Technician seniority will govern in
determining successful bidders for Crew Chief Flight
Simulator Technician. Mechanic seniority will govern in
determining successful bidders for Flight Simulator
Technician, Crew Chief Mechanic or Inspector. Inspector
seniority will govern in moving into the Crew Chief
Inspector classification and when Inspectors are not
available, Mechanic seniority shall govern. Other
classifications will be governed by the same principle.
Basic seniority in the classification will govern in the
selection of Crew Chief positions.
(21) (a) Classification seniority shall apply in the selection
of shift and days off within a seniority grouping.
(b) The shift and days off assignment in a seniority
grouping shall be established by the Company in
accordance with the normal requirements of the
service. In preparing shift and days off schedule(s)
the Company will determine how many employees are
needed on a shift and the determination will be based
on the work performed by the seniority grouping. This
information will be posted for five (5) days prior to
working a bid in order to give an employee the
opportunity to update his preference.
(c) Upon entering a seniority grouping an employee will
exercise his seniority for shift and then days off
assignment The Company may delay announcing shift and
days off vacancies during the first one hundred twenty
(120) days of employment for probationary employees
and employees entering a basic classification, in
which they do not hold
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<PAGE>
ARTICLE 6(F)(21)(C) (CONTINUED)
seniority (Mechanic or below). Such employees may be
assigned shift and days off as determined by the
Company during this period of time. Thereafter,
seniority may be exercised only in case of bumping due
to a reduction in force or when an opening occurs.
(d) An employee who is notified that his shift and/or days
off preference has been accepted shall have one (1)
work day after the date so notified to refuse that
assignment. Such employee will not be permitted to bid
for a different shift and/or days off assignment for
six (6) months after such refusal. An employee may
withdraw his bid at any time prior to the time the
Local Union Representative is notified of an opening.
(e) Where shift and/or days off preferences are solicited
verbally, employees must confirm their preferences in
writing and any employer refusing to accept his
preference will not be permitted to bid for a
different shift and or days off assignment for six (6)
months after such refusal.
(f) At locations where seven (7) or more employees are
assigned to the day shift, members of the Union's
Local Grievance Committee shall be assigned to the day
shift with Saturday and Sunday days off, provided this
does not require the Company to hire additional
personnel at such locations. At locations where
employees work rotating shifts, members of the Union's
Local Grievance Committee shall have preference of
assignment to shifts with Saturday, and Sunday days
off. This paragraph shall not apply to Full Time
Committeemen referred to in Article 11.
(22) The Company will furnish free non-positive air
transportation for the employee and dependent members
of his family for any transfer from one location to another.
(g) Geographical Relocation
(1) In the event of the geographical relocation, in whole or in
part, of any of the work performed by employees covered by
this Agreement, the employees whose work is affected will be
advised of the current corrected listing of employees in
seniority order by seniority grouping in each classification
at the new location and shall be given an opportunity to
transfer to the new location at Company expense in
accordance with paragraph (2) below, and given full credit
for their accumulated seniority at the point to which the
work is transferred in whole or in part. It is understood
that the increase or expansion of facilities at a particular
point that does not involve a reduction in jobs or
facilities at another point shall not be construed as a
geographical relocation of work in whole or in part. The
employees whose work is affected shall be offered the
opportunity to transfer in seniority order, with the most
senior employee having first choice.
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<PAGE>
ARTICLE 6(G) (CONTINUED)
(2) Employees will be allowed either actual moving expenses for
household effects up to a maximum of 5,000 pounds gross
weight for a single employee and up to a maximum of 10,000
pounds gross weight for an employee with one dependent plus
an additional 1,000 pounds gross weight for each additional
dependent or a sum of money equal to the existing tariff for
moving up to a maximum of 10,000 pounds of household effects
between the two points. This reimbursement will be based
upon submission of verifiable receipts of expenses incurred
when moving their primary residence. If the employee elects
to drive his own automobile to the point he shall be
reimbursed at a mileage rate equal to the amount allowed by
the federal government for federal employees for the most
direct AAA mileage between the points from and to which he
is being transferred, plus en route expense at the rate of
two dollars ($2.00) per hour based upon 400 miles travel per
day. An employee who does not drive to his new point will be
allowed en route expenses for twenty-four (24) hours at two
dollars ($2.00) per hour. Additionally, an employee will be
allowed $400 relocation expense.
(3) In the event an employee who is reduced because his work is
relocated does not elect to transfer to the point of
relocation (herein called the new point), he shall be
reduced at the point from which the work was relocated
(herein called the old point), and shall exercise seniority
in accordance with Article 6(e). In such event, employees
who are subsequently displaced at the old point by employees
reduced shall be offered an opportunity to transfer to the
new point or exercise seniority as provided in Article 6(e)
at Company expense in accordance with the above. However,
the expenses paid shall not exceed those which such employee
would have received had he transferred to the new point.
(4) In the event an employee elects to accept reduction at the
old point, he shall have no further claim under the
provisions of Article 6(g).
ARTICLE 7
HOURS OF SERVICE
(a) Eight (8) consecutive hours, exclusive of a lunch period of not to
exceed thirty (30) consecutive minutes, shall constitute a
standard day's work. Eight (8) consecutive hours including a
thirty (30) consecutive minute lunch period shall constitute a
standard day's work for employees assigned to operate boiler
rooms, or power houses, and Fire Inspectors, and for employees
assigned to shifts which start at 5:00 p.m. or later and before
6:00 a.m.
(b) Forty (40) hours, consisting of five (5) eight-hour days, worked
within seven (7) consecutive days, midnight Sunday to midnight
Sunday, will constitute a standard work week. Each employee will
have two (2) consecutive days scheduled as regular days off in
each work week, and the only deviation from this practice of two
(2) consecutive days off will be where under the local schedule
adopted, it is found necessary to rotate scheduled days off and
in order to repeat the schedule, deviation
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<PAGE>
ARTICLE 7(B) (CONTINUED)
is necessary. At the overhaul base, every reasonable effort will
be made in the future to arrange work schedules to allow Saturday
and Sunday as regularly scheduled days off. The fixing of a work
schedule allowing part of the employees of a facility Sunday of
one week and Monday of the following week as regularly scheduled
days off will not be deemed a violation of this provision. Five
(5) days notice must be given of change in the schedule of shifts
or days off.
(c) When only one shift is employed at the overhaul base or at a major
station, the starting time of the shift will be not earlier than
6:30 a.m. and not later than 8:00 a.m., and all employees will
take a lunch period not to exceed thirty (30) consecutive minutes
within the limits of the fourth and fifth hour of the shift,
subject to paragraphs (f), (g), and (h) below.
(d) Where two shifts are employed at the overhaul base or at a major
station, the starting time of the first shift will be governed by
paragraph (c) above and the second shift will start not earlier
than thirty (30) minutes before the close of the first shift, or
immediately following the first shift, or in the alternative at
8:00 p.m., and the same allowance for lunch period shall be
provided as in the case of only one shift, subject to paragraphs
(f), (g), and (h) below.
(e) Where three shifts are employed at the overhaul base or at a major
station, the starting time of the first shift will be governed by
paragraph (c) above, and the second shift will start not earlier
than thirty (30) minutes before the close of the first shift, and
the third shift will start not earlier than thirty (30) minutes
before the close of the second shift, subject to paragraphs (f),
(g), and (h) below.
(f) At major stations, in addition to the standard shift starting
times provided in paragraphs (c), (d), and (e) a maximum of three
(3) additional shift starting times within the twenty-four (24)
hour period may be established for employees in the combined
Mechanic and higher classification and/or for each classification
below the Mechanic classification, subject to paragraph (h) below.
For the purpose of this provision, major stations shall be
considered as John F. Kennedy, LaGuardia, Newark, O'Hare, St.
Louis, Philadelphia, Kansas City (MKC/MCI), Boston, Washington
National, Los Angeles, and San Francisco. When Mechanics or higher
classified employees are assigned to such additional shifts, a
minimum of three (3) such employees will be assigned to each such
shift.
(g) At all line stations other than major stations mentioned in (f)
above, one, two, or three shifts may be established to suit the
needs of the service. In addition, one, two, or three shifts may
be established for the combined Mechanic classification and/or or
for each classification below the Mechanic classification.
However, when four (4), five (5), or six (6) shifts are required
the standard starting times provided in paragraph (c), (d), and
(e) shall apply to three (3) of such shifts.
(h) Any change in shift starting times in excess of two hours shall
result in shift bid bulletins on all jobs affected on a local
basis. Working shifts established other than in
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<PAGE>
ARTICLE 7(H) (CONTINUED)
accordance with paragraphs (c), (d), and (e) shall be scheduled
and posted at the location with copy furnished to Local Union
Representative and the President - General Chairman. Any change in
starting times of shifts shall be posted at least five (5)
calendar days in advance of the change. Deviation from the
starting times provided in paragraphs (c), (d), and (e) above may
be made at an location when agreed upon by representatives of the
Company and the President - General Chairman of the Union. Nothing
in this Agreement shall require any change in shift starting time
arrangements presently in effect at any location.
(i) Working shifts shall be scheduled and posted at each station or
facility. The standard shifts will be identified at each station
or facility.
(j) All employees will be given a ten (10) consecutive minute rest
period during the first half of their shift and a ten (10)
consecutive minute rest period during the second half of their
shift for the purpose of relaxation, smoking, etc. and a five (5)
consecutive minute period as a personal cleanup period prior to
quitting time. An employee working overtime after his regular
shift for an anticipated period of at least two (2) hours will be
given a ten (10) consecutive minute rest period prior to beginning
his overtime work. An employee working overtime into periods
overlapping subsequent shifts will be given the rest periods taken
by such shifts. Each of the foregoing periods shall be given
without loss of time.
(k) Except on his regularly scheduled days off, no employee will be
called to work or required to report for work for a work shift of
less than eight (8) hours or pay therefor, except (1) where
recalled after completing a regular shift of eight (8) hours or
more, or (2) to complete a regular shift, the first portion of
which was paid for in accordance with Article 8(b). Employees
regularly in the service of the Company will be considered as
required to report for eight (8) hours work on their scheduled
work days unless notified by the Company before the close of the
last shift worked, or at least sixteen (16) hours before the start
of their regular scheduled shift, whichever period is shorter,
that there will temporarily be no work because of an Act of God,
circumstances over which the Company has no control, or work
stoppages and strikes by employees of the Company. Any employee
not notified by the Company and as a result reporting for work
when there is temporarily no work because of an Act of God,
circumstances over which the Company has no control, or because of
work stoppages and strikes by employees of the Company shall
receive a minimum of four (4) hours pay at his regular hourly
rate. An employee called to work or required to report for work on
his regular scheduled day off will be paid a minimum of four (4)
hours pay at the applicable rate.
(l) Employees who, because of the requirements of the service, are
requested to start their lunch period prior to the fourth hour of
the shift or complete their lunch period after the fifth hour of
their shift will be allowed a thirty (30) consecutive minute lunch
period as close to their regular scheduled lunch period as
possible and paid for same at straight time rate in addition to
their regular straight time shift compensation. Every effort will
be made to allow the employees their regularly scheduled lunch
period within the limits of the fourth and fifth hours. In the
event that the employee
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<PAGE>
ARTICLE 7(L) (CONTINUED)
does not receive a lunch period during his regular shift, he will
receive compensation for the lunch period at time and one-half
provided that the provisions of Article 8(a) do not apply in this
event.
ARTICLE 8
OVERTIME AND HOLIDAYS
(a) Overtime rate of time and one-half, computed on an actual minute
adjusted to the nearest tenth of an hour basis with a minimum of
one (1) hour overtime, shall be paid for all work performed in
excess of eight (8) hours in any one day, for all work performed
either in advance of or after regularly scheduled hours, and for
the first eight (8) hours worked on one (1) of the two (2)
regularly scheduled days off each work week.
(b) (1) Overtime rate of double time shall be paid:
(a) For all hours in excess of the first eight (8) hours
worked on one of the two (2) regularly scheduled days
off each work week,
(b) For all time worked on the second regularly scheduled
day off in a work week if the first regularly
scheduled day off has been worked,
(c) For all time worked in excess of twelve (12) hours in
any twenty-four (24) hour period except when an
employee, after bidding, voluntarily changes shifts.
(2) There are two conditions which could occur when an employee
would not receive an eight (8) hour break without the loss
of his regularly scheduled hours, and would be entitled to
the double time rate of pay:
(a) When an employee involuntarily moves from one
regularly assigned shift to another,
(b) When an employee works more than sixteen (16) hours in
a twenty-four (24) hour period.
(3) When either one of these conditions occur, the employee will
have the option to report for work as scheduled, provided he
notifies appropriate supervision of such election before
quitting duty at the termination of his prior overtime
assignment or prior shift. Or be relieved from duty until he
has at least an eight (8) hour break. If he elects relief
from duty, the employee shall be reimbursed at his regular
straight time rate of pay for such loss. However, an
employee who elects to report for his next regularly
assigned shift, foregoing the eight (8) hour break shall be
compensated at the double time rate for all hours worked
until he is off duty at least eight (8) consecutive hours.
Relief from duty under this
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<PAGE>
ARTICLE 8(B)(3) (CONTINUED)
paragraph shall not be considered as absorption of overtime
under paragraph (f) of this Article.
(4) For overtime purposes, the twenty-four (24) hour period
shall begin with the starting time of the employee's
regularly assigned shift and shall continue for twenty-four
(24) consecutive hours thereafter or until the employee has
been off duty at least eight (8) consecutive hours
(whichever occurs later). An employee can not be required to
take an eight (8) hour break under this Article.
(See examples of application of this provision in back of
this booklet on Page 250.)
(c) Work in excess of eight (8) hours in any twenty-four (24) hour
period as a result of rotation of shift or vacation relief
assignment shall be paid for at straight time rates for the second
eight (8) hours or portion thereof worked during such twenty-four
(24) hour period, provided that not less than seven and one-half
(7-1/2) hours shall have elapsed between the quitting time of the
first shift and the starting time of the second shift.
(d) (1) Employees covered by this Agreement will observe the
following holidays: New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Christmas
Day, Employee's Birthday, and a Floating Holiday (only
scheduled workdays). Effective January 1, 2000, employees
covered by this agreement will observe two (2) additional
floating holidays. All holidays will be observed in the
current calendar year in which they fall. If Federal law
designates a date other than the calendar date of one of the
above listed holidays for observance of the holiday, the
date designated by law shall be considered the holiday. Any
employee required to work on any of the foregoing holidays
shall be compensated at the rate of double time and a half
for all hours worked up to eight (8) hours. The twenty-four
(24) hour period beginning with the starting time of the
employee's regularly assigned shift shall constitute the
holiday for purposes of pay under this provision. Any
employee required to work on any of the foregoing holidays
in excess of eight (8) hours shall be compensated at the
rate of triple time.
Employees required to work on the above named holidays will
be given a minimum of seventy two (72) hours notice.
However, if staffing requirements change after this
notification, additional employees may be required to work
the holiday.
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<PAGE>
ARTICLE 8(D)(1) (CONTINUED)
(2) The date of the employee's floating holiday(s) will be
established by the employee submitting a written request to
his supervisor at least seven (7) days prior to the date the
employee desires to designate as his floating holidays. The
date will be awarded to the senior employee(s) who requests
such date seven (7) days or more in advance of the date in
question. At least five (5) days prior to the date requested
the Company will post a list of those employees who will
observe the holidays. Employees whose names do not appear on
the posted list will be permitted to designate a different
date in accordance with the above. Except for employees
discharged for cause or who quit, all other employees who
have not observed their floating holiday(s) by December 31,
shall have such holiday carried forward to the following
year and it must then be taken as a holiday on a day
adjacent to the employee's birthday holiday in the same
regularly scheduled work week as that in which the
employee's birthday falls. Any employee who resigns with
notice or is furloughed prior to observing his carried over
floating holiday(s) will be paid for the carried over
floating holiday(s).
If an employee is unable to schedule his additional Floating
Holiday(s), the Floating Holiday(s) will carry over to the
following year and the employee will be required to bid the
carry over Floating Holiday(s) from open vacation periods,
which will be bid no later than February 1.
If there are no open vacation periods, the Company will be
required to open additional vacation days, sufficient to
accommodate all those employees who have carry over Floating
Holiday(s).
(3) In the event an Employee's Birthday falls on February 29,
March 1 shall be observed. If Employee's Birthday falls on
another of the holidays specified above, his next following
workday shall be considered such other holiday.
An employee may elect to take his birthday holiday on any
day (within the same calendar year) falling within the same
regular scheduled work week as that which his birthday
falls. If an employee desires to move his birthday holiday
as provided above, he shall provide written notification to
his supervisor at least fourteen (14) days prior to the day
the employee elects to take as his birthday holiday. For the
purpose of determining which regular scheduled work week the
employee's birthday falls, Article 8(d)(4) and (5) shall
apply.
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<PAGE>
ARTICLE 8(D) (CONTINUED)
(4) If any of the above holidays fall on an employee's regularly
scheduled first day off, the preceding day shall be
considered as the holiday. Should any of the foregoing
holidays fall on an employee's second day off, the following
day will be considered as the holiday. In accordance with
the provisions of 8(d)(1), this provision shall not apply if
it results in the holiday being observed in other than the
current calendar year. In that case, the holiday will be
observed on the first scheduled work day either immediately
before or after the employee's regularly scheduled days off
in order that the holiday be observed within the current
calendar year.
(5) If any of the above mentioned holidays fall during the
employee's regularly scheduled vacation, the employee may
elect, prior to going on vacation, to move his vacation
forward, or extend it, by the number of holidays falling
during his vacation. If the employee fails to elect as
provided herein, then the employee's vacation shall be
extended by the number of holidays falling during his
vacation except that if the vacation runs to the end of the
calendar year, the vacation shall be moved forward by the
appropriate number of days. An employee will not be eligible
for overtime or to work on a holiday or scheduled days off
that falls in or in conjunction with his vacation. The
vacation will commence when he punches out on his last
scheduled work day and will continue until the employee
punches in on his first scheduled work day following his
vacation.
(e) (1) The Company will make every effort to avoid requiring
employees to work on a holiday to the extent that such
holiday observance does not interfere with the required
service. Employees not required to work on above mentioned
holidays will be compensated for the day at eight (8) hours
at straight time rate. An employee scheduled and required to
work on a holiday who does not report for work shall not
receive any pay for that day unless such absence is for
reason(s) beyond the employee's control.
(2) With the exception of the birthday holiday or a floating
holiday which has been carried forward from the preceding
year, as provided in Article 8(d)(2), the Company will,
unless there is a local agreement to the contrary, offer the
holiday off in seniority order. To the extent that the
Company may allow more employees off than the number
requesting such holidays, the Company will assign the
holiday off in the inverse order of seniority.
(f) Overtime shall be distributed as equally as possible among all
qualified employees at the location or in the department where
overtime is required, and employees will not be required to
suspend work during regular working hours to absorb overtime.
(g) (1) Except in an emergency, an employee will not be required to
work overtime against his wishes. In the administration of
this paragraph management will make a good faith effort to
secure voluntary overtime before declaring an emergency.
(2) Whenever an emergency is declared, the Local Union
Representative and the President - General Chairman,
District 142 will, within a reasonable period of
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<PAGE>
ARTICLE 8(G)(2) (CONTINUED)
time be furnished with a statement regarding the date, time,
and nature of circumstances giving rise to the declaration.
(h) When an employee covered by this Agreement has been relieved for
the day and is recalled to work, he will be paid not less than
three (3) hours at the overtime rate applicable for each call.
(i) For continuous service before or after regular working hours no
employee will be required to work more than two (2) hours without
being permitted to go to meals, and all employees will be allowed
a thirty (30) minute period in which to eat without loss of time.
(j) No overtime shall be worked except by direction of the proper
supervisory personnel of the Company, except in cases of emergency
where prior authority cannot be obtained.
(k) There shall be no pyramiding of the overtime rates provided for in
this Agreement, and no employee shall receive more than double the
straight time rate for any hours worked, except as provided in
paragraph (d) of this Article.
(l) Employees shall be given four (4) hours notice of contemplated
overtime work, except (1) in cases of emergency, and (2) at line
stations where interruptions in flight schedules make a four (4)
hours notice impossible.
(m) Employees covered by this Agreement will not be bypassed for
overtime assignments because of overtime rates of pay.
ARTICLE 9
FIELD SERVICE
(a) Employees covered by this Agreement engaging in emergency field
service away from their base station to restore airplanes or
equipment to service shall be paid for such work on the same basis
as paid at their base station, with a minimum of eight (8) hours
at straight time rate, including any premiums to which they are
regularly entitled, for each twenty-four (24) hour period away
from the base station.
(b) All time spent in traveling or waiting in connection with
emergency field service as defined in paragraph (a) above,
including hours in excess of eight (8) hours in one day, will be
paid for at straight time rate, if during the current twenty-four
(24) hour period no work is required before or after traveling,
and it is not an employee's regular day off or a holiday.
(c) All time spent in travel, waiting, or working at Company direction
on scheduled days off, holidays, and in excess of eight (8) hours
on scheduled work days when work is required, will be paid for at
the overtime rate applicable. However, if travel is interrupted
for any reason and employees are released by written order
through an
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<PAGE>
ARTICLE 9(C) (CONTINUED)
agent of the Company for five (5) consecutive hours or more, they
shall not be paid for the time released, but in no event shall any
employee receive less than eight (8) hours pay at straight time
rate for any twenty-four (24) hour period while away from his base
station on emergency field service.
(d) Upon completion of emergency field service, employees shall return
to their home station in accordance with the orders received at
the time they left their home station, or in accordance with the
orders they received from the person to whom they are ordered to
report in the field, and shall be compensated for the return trip
in accordance with the provisions of paragraphs (b) and (c) above.
(e) Employees called from home for field service after completing
their regular shift assignment, or on a regular day off, will be
allowed one (1) hour as preparatory time in advance of scheduled
departure time at the overtime rate. In all possible cases they
will be notified at least two (2) hours before departure time.
(f) An employee away from his home station on emergency field service.
or on a special assignment to attend training classes pertaining
to his work, shall receive the following expenses:
(1) For emergency field service, effective August 1, 1999, two
dollars ($2.00) per hour for each hour or fraction thereof
while away from his base station, it being understood that
such expenses begin at block-out time at his home station
and end at block-in time back at his home station. For
special assignments or to attend training classes pertaining
to his work, effective August 1, 1999, one dollar and sixty
cents ($1.60) per hour will be paid. Additionally, in the
event an employee is delayed in leaving his base station, in
excess of three (3) hours, he shall receive reimbursement
for reasonable actual expenses for meals during the period
of such delay.
(2) Actual expenses for suitable lodging at a Company designated
or approved hotel.
(3) In addition to the expenses provided for under subparagraphs
(1) and (2) of this paragraph, the Company may allow
additional expenses covering any extraordinary conditions.
Upon application, an employee will be given an advance by
the Company to cover his expenses while away from his base
station. Expense reports shall be submitted by the employee
not later than five (5) days after the last day of the
period covered. Reports covering actual expenses shall be
submitted for half-month periods as follows: 1st to 15th
inclusive: 16th to last date of the month inclusive.
(f) When an employee covered by this Agreement receives a special
assignment to attend training classes pertaining to his work, or
to fulfill other special assignments not constituting emergency
field service, he shall receive compensation not to exceed
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ARTICLE 9(G) (CONTINUED)
eight (8) hours per day for the time spent in traveling or
waiting, at the employee's straight time rate. If such special
assignment involves traveling after completion of his regular work
for the day, he shall receive the applicable overtime rate for the
first succeeding eight (8) hours of traveling and waiting.
ARTICLE 10
VACANCIES AND BIDDING
(JOBS COVERED BY THIS AGREEMENT)
(a) (1) A Vacancy shall be any opening (permanent or temporary in
nature) which cannot be filled through an application of
seniority provisions of this Agreement providing for the
restoration of forces.
(2) Any vacancy not filled within sixty (60) days from the date
the Local Union Representatives are notified of the vacancy
will be canceled and may be reannounced.
(3) Whenever a new classification(s) is established at a point,
excluding all Crew Chiefs and classifications above
Mechanic, such vacancies will be bulletin bid system wide,
and the successful bidder will be allowed either actual
moving expenses for household effects up to a maximum of
3,000 pounds gross weight for a single employee and up to a
maximum of 8,000 pounds gross weight for an employee with
one dependent, plus an additional 500 pounds gross weight
for each additional dependent or a sum of money equal to the
existing tariff for moving 5,500 pounds of household effects
between the two points, plus $300.00 relocation expense.
(4) Prior to filling a vacancy, the Local Grievance Committee or
a designated representative of the Union will be notified
whenever any vacancy(s) is announced by the Company. The
Union will be notified of the number of vacancies, point,
location, classification, seniority grouping, and reporting
date.
(5) Provided that qualified employees with preference bids on
file are available, vacancies will be filled in seniority
order from among employees having bids on file the day
preceding the date the Local Union Representatives are
notified of the vacancy(s).
(6) Bid forms shall be furnished by the Company and supplied by
an employee's immediate supervisor upon request.
(7) An employee who desires to transfer at his point and/or
another point in a classification in which he holds
seniority may submit a preference bid. In filling vacancies,
preference bids of employees at the point where the vacancy
exists shall be given preference over employees at other
points.
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ARTICLE 10(A) (CONTINUED)
(8) An employee who desires to bid for vacancies in the Mechanic
classification or lower (who does not hold seniority in the
classification into which he desires to transfer) may submit
a Company seniority bid. In filling vacancies, Company
seniority bids of employees at the point will be given
preference over Company seniority bids of employees at other
points. Such bids are to be handled in the same manner as
set forth in Article 10(b)(1) and Article 10(b)(2).
(9) Vacancies in Crew Chief classifications, Receiving
Inspector, and in the classifications above Mechanic, which
are not filled locally by point preference bid, will be
bulletined only at the point where the vacancy exists, and
if not filled locally seven (7) calendar days after the
bulletin is posted, the vacancy will then be filled from
preference bids of employees from other points on the
system. If the vacancy still exists, it will then be
bulletined at all points where employees covered by this
Agreement are located.
(10) Whenever and wherever a vacancy exists in the Mechanic
classification or lower, excluding Crew Chief positions and
Receiving Inspector vacancies not filled by employees
holding seniority in that classification, Company seniority
shall govern and such vacancy will be filled by the most
senior qualified employee bidding from another
classification covered by the Agreements. In filling
vacancies in the Stores and Ramp Serviceman classifications,
employees who have successfully completed the applicable
examination will be considered as qualified in connection
with bids. The Company shall not institute any testing
procedures in connection with promotions or seniority
exercise without the participation and concurrence of the
Union.
(11) In the event a vacancy in the classifications covered by
this Agreement exists at any location on the Company's
system, and no qualified employee bids, the Company may
select to fill such position any qualified employee at any
location willing to accept transfer at the Company's
expense, or hire a qualified new employee to fill such
vacancy. When the Company transfers or hires employees under
this paragraph, the Company will notify the Local Union
Representative of the names of the employees, seniority
date, reporting date, and the number of remaining openings.
An employee hired as or promoted to a Crew Chief pursuant to
this provision will accrue concurrently seniority in the
basic classification and that employee will exercise that
basic classification seniority in accordance with the
applicable provisions of this Agreement subject to Article
6(b)(2) and Article 10(b)(16).
(b) Bidding
A current bidding information document to be maintained by the
Company and made available to employees upon request.
(1) Preference bids will be submitted in three (3) written
copies, specifying the classification, point, location and
seniority grouping to which transfer is desired. One (1)
copy to be mailed, via U. S. Mail to: TWA-IAM BIDDING
SECTION,
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ARTICLE 10(B)(1) (CONTINUED)
KANSAS CITY INTERNATIONAL AIRPORT, P. O. BOX 20126, KANSAS
CITY, MISSOURI 64195 and one (1) copy furnished to the Local
Grievance Committee or designated representative of the
Union; and one (1) copy to be retained by the bidding
employee.
(2) Preference bids may be canceled by the employee at any time
prior to announcement of the employee as a successful bidder
and shall automatically expire on January 1 of each year.
Employees desiring to submit bids effective on January 1 may
not submit such bids earlier than thirty (30) days prior to
this date and must specify the January 1 effective date.
Cancellation of bids must be made in writing with three (3)
copies distributed in the same manner as set forth for
submission of bids.
(3) (a) Employees laid off may file system preference bids to
fill vacancies at any point on the system. In the
event a laid-off employee is successful bidder, the
Company shall notify him only at the last address
filed with the Company, and he must report on the date
specified (not less than seventeen (17) days), unless
otherwise mutually agreed to. Any laid-off employee
named successful bidder for a vacancy at another point
who refuses to accept the job will be considered only
for recall at the point at which he was laid-off.
(b) Employees laid off may also file Company seniority
bids to any classification where qualified in the same
manner as set forth in Article 10(a)(8). Laid off
employees submitting and accepting these bids will not
lose seniority rights in any higher classification in
which they hold seniority. However, should the bid be
awarded and accepted to a position at a point other
than that from which laid off, the employee will lose
recall rights at the point from which laid off.
(c) A successful bidder who is laid off must inform the
Company in writing or by telegram of his acceptance of
the bid within seven (7) calendar days after the date
of the bid award notification.
(4) Vacancies created by employees entering the Armed Forces
when bulletined for bid must make mention that the vacancy
is created by an employee entering the Armed Forces to
assure that the successful bidder is fully aware of the
conditions existing at the time of his transfer. It is
understood that the employee returning from the Military
Services shall be entitled to full point seniority exercise
and the employee eventually displaced will be the least
senior employee at the point.
(5) All bulletined bids will contain a general description of
the work performed by the seniority grouping, the date
vacancy is announced by the Company, posting date, reporting
date, number of vacancies, classification, seniority
grouping, point, location, and the final date after which
bids will not be considered. The closing date for a bid
bulletin will be seven (7) calendar days from date of
posting and all bids in response thereto must be postmarked
no later than that closing date.
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ARTICLE 10(B) (CONTINUED)
(6) An employee bidding for more than one vacancy shall indicate
his order of preference, such order of preference will be
honored if he is senior bidder for more than one vacancy
announced on the same date and he will be selected for the
classification ranked highest in his preferences. Having
been named successful bidder for one of his preferences, an
employee's bid(s) for the same classification and for other
lower classification preferences will be canceled.
(7) Employees covered by this Agreement desiring to bid down to
classifications in which they hold seniority may do so by
preference bid. Such bids will be filled in order of
seniority in the classification in which the employee wishes
to transfer.
(8) Employees who voluntarily bid down and accept positions in
lower classifications shall forfeit seniority in accordance
with Article 6(d)(4).
(9) Any employee named as a successful bidder for a vacancy and
refusing to accept the job will not be permitted to bid for
another vacancy in the same classification for a period of
one (1) year from the date of refusal. Upon receipt of
notice that an employee is a successful bidder he shall
notify his supervisor in writing no later than his third
work day of a refusal of a bid. The supervisor will advise
the TWA/IAM Bidding Section by the most expeditious means.
If the employee has failed to refuse the bid as provided
above, the employee must accept the bid or lose all
seniority and have his name removed from all seniority
lists.
(10) An employee who accepts a bid to another point on the system
will not be permitted to bid to a former point and
classification for a period of one (1) year from the
reporting date of the bid.
(11) A successful bidder will not be permitted to bid for a
vacancy, in the same classification for which he was named
successful bidder, at the point, for a period of six (6)
months after the reporting date of the bid, or twelve (12)
months if the vacancy is in a different specialty within the
same classification.
(12) Excluding Crew Chiefs classifications, employees bidding
laterally within their specialty will be considered as
qualified in connection with bids.
(13) Employees who have passed the applicable Mechanic
Examination(s) as provided in Article 5 will be considered
as qualified in connection with bids.
(14) Excluding employees in a basic classification bidding
laterally within their specialty, it is understood that the
provisions for meeting performance standards are retained as
to employees who achieved the Master Mechanic rating prior
to July 1, 1955 and in selecting successful bidders the
Company will take into consideration the employee's work
experience with the Company, the qualification record filed
by the employee, and the applicable performance standards as
agreed upon by the Company and the Union.
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ARTICLE 10(B) (CONTINUED)
(15) After an employee has been chosen to fill a vacancy, the
Company shall mail to the President - General Chairman and
all shops and locations a notice to be posted on the
bulletin boards showing the name, number of vacancies,
point, location, and seniority, date of the employees
selected to fill the vacancies. If the vacancy is filled by
preference bid, such notice shall be mailed within seven (7)
calendar days after the Union Representative was notified of
the vacancy, and will specify the date the employee is
expected to report. If the vacancy is filled by bid for a
bulletined vacancy, such notice shall be mailed within ten
(10) calendar days after the close of the bulletin.
(16) Excluding employees in a basic classification bidding
laterally within their specialty a successful bidder shall
hold the job for a fair and reasonable period of time, not
to exceed ninety (90) days (180 days for employees not
holding seniority in the Mechanic classification) on a trial
basis in order to demonstrate his ability to perform the
work required. In case the job is found to be not as
represented, the employee will, seniority permitting, return
at Company expense to his former location and seniority
grouping.
If an employee is promoted to a higher classification during
a trial period(s), the trial period(s) in the lower
classification(s) will not be interrupted and the balance of
such trail period(s) will continue to run concurrently with
the trial period in the higher classification. Employees
reduced during a trial period shall complete the balance
remaining upon returning to such classification.
During such trial period, if the employee is unable to
demonstrate ability to perform the work required by the job,
he will be privileged to exercise his seniority at his
previous location by displacing only the employee with the
least seniority in his seniority grouping and assume the
shift and days off of the displaced employee, and for a
period of six (6) months thereafter his bid for a vacancy in
the same classification for which he was unable to
demonstrate ability will not be considered. Thereafter, an
employee who wishes to submit a bid for the same specialty
must submit an updated Qualification Sheet indicating
additional training or work experience since his
disqualification which will qualify him to submit a new bid.
If the employee elects to return to his previous job during
such trial period, he may do so, provided such job is in a
lower classification than the job for which he bid, and he
will be privileged to exercise his seniority at his previous
location by displacing only the employee with the least
seniority in his seniority grouping and assume the shift and
days off of the displaced employee, and for a period of six
(6) months thereafter his bid for a vacancy in the
classification from which he returned will not be
considered.
(17) If the successful bidder for a vacancy is located at some
point other than the point where the vacancy is to be
filled, the Company will furnish free non-positive air
transportation for the employee and for the dependent
members of
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ARTICLE 10(B)(17) (CONTINUED)
his immediate family, from the location from which he is
transferring to the location of the job.
(18) The seniority date and the effective date of wage rate of
the successful bidder, including employees promoted, shall
be the reporting date set forth in the bid notice received
by the Local Union Representative at the time the vacancy,
was announced. Regardless of the reporting date of the
successful bidder, no employee will be required to transfer
to another point on the system with less than seventeen (17)
days written notice. The seniority date of newly hired
employees shall be one (1) calendar day after the reporting
date specified in the bid notice or the date they first
report to work, whichever is later. An employee entering a
higher classification will start at the minimum pay rate of
the higher classification or the pay rate he then held in
his former classification, whichever is higher. He will
remain at such rate until the date of his next automatic
(19) (a) The Company will notify an employee, in writing, in
the event he is not selected as successful bidder
because the Company has determined he is unable to
perform the required work of the job in a satisfactory
manner. Such employee may submit in writing his
request for review of his qualifications to: EMPLOYEE
RELATIONS DEPARTMENT, TWA, KANSAS CITY INTERNATIONAL
AIRPORT, P. O. BOX 20126, KANSAS CITY, MISSOURI 64195,
not later than two (2) work days after written
notification is received.
(b) Such review shall be made by a Qualification Committee
of four (4) consisting of two (2) members selected by
the Union and two (2) members selected by the Company.
The Committee may establish rules governing its
procedure, consistent with the provisions of the
Agreement. In reviewing the employee's qualifications,
the Committee will consider the employee's work
experience with the Company and his record of
qualifications filed under Article 6(f)(12), and the
employees' ability as indicated by performance
standards as agreed upon by, the Company and the
Union.
(c) The Qualifications Committee will meet during regular
day shift working hours, unless otherwise mutually
agreed to, and members will not suffer loss of pay
while performing their duties. A member of the TWA
EMPLOYEE RELATIONS DEPARTMENT and the Union President
- General Chairman, or his designated representative,
may serve as Co-Chairman to the Committee without
vote.
(d) The Qualifications Committee will complete its review
within five (5) calendar days after receiving the
employee's request and will thereupon advise the
Company, Union, and employee, in writing, the reason
of its decision.
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ARTICLE 10(B)(19) (CONTINUED
(e) If the Qualifications Committee determines that the
employee is so qualified, such determination is final
and binding upon the company and the Company is then
obligated to place the employee in the job, seniority
permitting. If the Committee determines that the
employee is not qualified such determination is final
and binding upon the employee.
(f) In the event the Committee is unable to arrive at a
majority decision, a grievance may be filed in
accordance with the provisions of Article 11 omitting
Step I of the grievance procedure.
(g) Where there is an adjustment of any grievance
involving the rights of an employee who may have been
transferred to fill a vacancy for which another
employee is subsequently determined to be qualified,
after the Company had previously determined he was not
qualified, such adjustment will include appropriate
adjustment for expenses incurred.
(h) Nothing in this Agreement will prevent the Company
from delaying the actual transfer of an employee to
fill a vacancy if another employee has protested to
the Qualifications Committee the Company's
determination that he was unqualified. Such transfer
may be delayed until the protest of the other employee
is finally determined in accordance with this
Agreement.
(20) No employee will be compelled to accept a permanent transfer
against his wishes.
(c) Temporary Crew Chief Assignments
A vacancy in Crew Chief classification of less than thirty (30)
days duration will be considered temporary in nature and such
vacancies will be filled from employees in respective seniority
groupings at work as follows:
(1) Where license(s) and an examination are required for a Crew
Chief job in the seniority grouping, the Temporary Crew
Chief selection will be made as follows:
(a) Senior reduced Crew Chief in the seniority grouping at
work.
(b) Senior qualified employee in the seniority grouping at
work who possesses applicable license(s) and
examination.
(c) Senior qualified employee in the seniority grouping at
work who possesses applicable license(s).
(d) Senior qualified employee in the seniority grouping at
work who possesses applicable examination.
(e) Senior qualified employee in the seniority grouping at
work.
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ARTICLE 10(C) (CONTINUED)
(2) Where only an examination is required for a Crew Chief job
in the seniority grouping, the Temporary Crew Chief
selection will be made as follows:
(a) Senior reduced Crew Chief in the seniority grouping at
work.
(b) Senior qualified employee in the seniority grouping at
work who possesses applicable examination.
(c) Senior qualified employee in the seniority grouping at
work.
(3) Where no license(s) or examination is required for a Crew
Chief job in the seniority grouping, the Temporary Crew
Chief selection will be made as follows:
AT OTHER THAN MAJOR STATIONS LISTED IN ARTICLE 7(f):
(a) The senior reduced Crew Chief in the seniority
grouping at work.
(b) The senior qualified employee in the seniority
grouping at work.
AT MAJOR STATIONS LISTED IN ARTICLE 7(f):
(c) The senior reduced Crew Chief in the seniority
grouping at work, provided that if the estimated
duration of the Temporary Crew Chief assignment does
not exceed one full work shift the Temporary Crew
Chief shall be selected from among the employees in
the work area (i.e., Hangar, Hangar/Line,
Terminal/Ramp, Commissary, or Air Freight) in which
the Crew Chief is required.
(d) The senior qualified employee in the seniority
grouping at work, provided that if the estimated
duration of the Temporary Crew Chief assignment does
not exceed one full work shift the Temporary Crew
Chief shall be selected from among the employees in
the work area (i.e., Hangar, Hangar/Line,
Terminal/Ramp, Commissary, or Air Freight) in which
the Crew Chief is required.
(4) No employee will be compelled to accept a Temporary Crew
Chief Assignment against his wishes.
(d) In the event it becomes necessary to temporarily assign employees
to another seniority grouping because of unusual and/or
unanticipated circumstances resulting from work load changes or
for the purpose of performing a special work function, such
assignment will not be made arbitrarily or without good reason.
When the Company has determined the work to be performed, the
number of employees affected and the estimated duration of such
assignment, the method of effecting the assignments in an
expeditious, efficient and fair manner will be discussed and
resolved with the appropriate Union Representative.
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ARTICLE 10 (CONTINUED)
(e) It is the recognized policy of the Company to promote its own
employees to supervisory positions insofar as possible, and only
when competent employees cannot be found in the ranks, or when
competent employees will not accept vacancies or new positions,
will the Company vary from this policy.
ARTICLE 11
GRIEVANCE PROCEDURE
(a) Representation
The representation of presentation and adjustment of disputes or
grievances that may arise under this Agreement shall be:
The Union will be represented by properly designated stewards, one
in each department or section thereof, for each shift at each
point on the system. In addition, the Union will be represented by
full-time committees at those points listed in (b) below, one of
whom shall be designated as chairman. In addition, the Union will
be represented by a local committee consisting of not more than
three (3) members at EWR, IND, LAS and PHX: of not more than two
(2) members at ABQ, CMH, CVG, DAY, DCA DEN, IAD and PHL and one
(1) member at all other points. One (1) member of the local
committee shall be designated as Local Chairman. Where a
metropolitan area with more than one location is involved, there
may be separate stewards and separate committees.
(b) Full-Time Committees
Line Stations and Overhaul Base Committeemen Committeemen
------------------------------- ------------ ------------
(Including (Alternates)
Chairman)
Kansas City Overhaul Base/Line 7 3
JFK and LGA 6 3
Chicago 1 1
SFO 2 1
LAX 4 1
STL 5 1
BOS 1 1
Such committeemen shall be the sole committee members under the
terms of Article 11(a)(1), unless during the term of the current
agreement the parties otherwise mutually agree.
Full-time committeemen will be paid by the Company for a maximum
of forty (40) hours per week at their hourly rate of pay including
the afternoon shift premium. The Union will notify the Company of
the individuals who will serve in these positions and the
designated area of representation for each committeeman. Normally
each
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ARTICLE 11(B) (CONTINUED)
local committeeman will participate in handling complaints,
disputes and grievances in his designated area. The Committee may
represent the Union on any complaints, disputes or grievances
below Step 3 level.
Full-time committeemen will be assigned to various shifts where
needed using a basic forty (40) hour work week which shall be
determined by the Local Committee Chairman, IAMAW, who in turn
will advise the Regional Manager Employee Relations or his/her
designee in writing of each committeeman's work assignment.
Committeemen will normally check 'in' and 'out' when arriving
and/or leaving Company premises. Committeemen will submit time
cards in accordance with existing time card procedure.
Each committeeman will represent the Union in handling Step 2
grievances, complaints and disputes with the ranking Company
official at the point. In order to facilitate the conduct of
union-management business in an orderly and businesslike manner,
it is agreed:
(1) The Company will provide the full-time committeemen with
space for a single office with an intra-base telephone in an
acceptable area.
(2) Stewards and committeemen will be empowered to settle all
local grievances or disputes not involving changes in policy
or the intent and purposes of this Agreement.
(3) Full-time committeemen may leave the premises during their
working hours without loss of pay for the purpose of
conducting union-management business with the President -
General Chairman and/or General Chairmen of District Lodge
142. When leaving the premises for these purposes, the
President - General Chairman and/or General Chairmen shall
advise local management.
(4) The Company and the Union will make every effort to keep to
a minimum the actual time spent in disposing of grievances,
disputes or complaints.
(5) All committeemen will be eligible for overtime in their
respective departments. While working overtime, committeemen
will not function as Union representatives. If a
committeeman does not desire to work overtime, he will
request his name be removed from the overtime list.
(6) All committeemen will be allowed free access and
availability to all work areas and shops within their
respective areas of representation in order to conduct their
business in a proper, efficient and expedient manner. In so
doing, they will contact appropriate management personnel.
(7) The Union will be further represented by a President -
General Chairman and/or his designated representative(s) for
dealing with regional or general officials of the Company.
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ARTICLE 11(B) (CONTINUED)
(8) The Company will be represented at each seniority point by
an authorized official who will be empowered to settle local
grievances or disputes, but such settlement may not-involve
any change in the intent and purpose of the Agreement. The
Company will be further represented on a regional and system
basis for dealing with the Union President - General
Chairman or his authorized representative.
(9) The Union and the Company will, at all times, keep the other
party advised, through written notice, of any change in
authorized representatives.
(10) The President - General Chairman and/or his designated
representative(s) and a reasonable number of Grand Lodge
Representatives of the Union shall be permitted at any time
to enter the facilities of the Company for the purpose of
representing employees covered by this Agreement, after
notifying the Company official in charge.
(11) It is agreed that the Union and the Company will make every
effort to keep to a minimum the actual time spent in
disposing of grievances, disputes or complaints. When
stewards and committeemen are required to leave their work
for the purpose of investigating, processing, presenting,
and adjusting grievances or to attend meetings as provided
for in this Article, they will first notify their immediate
supervisor or his designee, if available, before leaving
their work and will again report to him upon their return.
In the event it is necessary to go to another area, they
will report in with the foreman or supervisor in that area.
It is recognized that stewards and committeemen are not
required to obtain permission from their supervisors before
leaving work in order to attend to Union business, they are
merely required to notify their supervisor, who, upon being
notified, must inform the steward or committeeman of the
specific contingency which makes his departure at the time
stated impractical, if such should be the case. The steward
or committeeman and the supervisor are then under an
obligation to seek a satisfactory time for such business
that will not frustrate the needs of the service.
(c) Procedure
The procedure for presentation and adjustment of disputes,
complaints, or grievances that may arise between the Company and
the Union with reference to interpretation or application of any
provisions of this Agreement shall be:
STEP I
(1) Any employee having a complaint or grievance in connection
with the terms of employment, application of this Agreement,
or working conditions, will with the
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ARTICLE 11(C)(1) (CONTINUED)
steward, discuss the matter with his immediate supervisor.
If unable to secure satisfactory adjustment in this manner,
the employee may present his complaint or grievance in
writing to the department steward, who in turn will, if in
his opinion the complaint is justified, present the written
grievance to the Company's designated representative at the
particular point or in the department. Subject to
operational requirements and the time remaining on a
particular shift, a hearing shall be convened on that shift
for the purpose of rendering a decision in the matter. In no
event shall the hearing be postponed beyond the next regular
shift of the grieving employee. A decision in writing shall
be rendered not later than three (3) work days following
such hearing.
STEP 2
(2) If the decision in Step I is not satisfactory, the Grievance
Committee may refer the matter to the appropriate chief
operating official for the point or his designated
representative. The appeal must be made in writing within
five (5) work days after the Step I decision, and the actual
appeal must be presented at a hearing within seven (7) work
days from the date of appeal to Step 2. A written decision
will be rendered by the Company within four (4) work days
after adjournment of the hearing.
At points on the system where a Grievance Committee is not
established by the IAMAW (District 142) appeal may be made
by the President - General Chairman to Step 3, and the time
limits for Step 3 appeals shall apply.
STEP 3
(3) If the decision in Step 2 is not satisfactory, the Union's
President - General Chairman or his designee may refer the
matter to the Company's Vice President - Labor Relations.
The notice of intent to appeal the matter to Step 3 must be
made in writing within thirty (30) work days after the Step
2 decision. Within thirty (30) days after the Step 3 appeal
date, the Vice President Labor Relations or his designee
will meet with the Union's President General Chairman or his
designee and endeavor to reach a settlement of the issues
involved in the matter appealed. If unable to resolve the
issues the Company shall issue a decision setting forth it's
position on the issues. A written decision shall be issued
no later than five (5) work days following the meeting.
(4) If the decision in Step 3 is not satisfactory to the Union,
the matter may be referred by the Union's President -
General Chairman to the System Board of Adjustment.
(5) Grievances relating to matters general in character, which
cannot be settled by an immediate supervisor or local Union
representative shall be discussed by the appropriate
Corporate Vice President of the Company and the Union's
President - General Chairman. If such grievances are
submitted in writing by either of them. If a satisfactory
settlement is not reached within ten (10) work days after
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ARTICLE 11(C)(5) (CONTINUED)
the grievance is submitted such matters may be referred,
within five (5) work days after the expiration of said ten
(10) day period, to the President of the Company or his
designated representative if submitted by the Union, or to
the International President of the Union or his designated
representative, if submitted by the Company.
(6) Individual grievances must be filed promptly after the cause
giving rise to the grievance is evident, and no individual
grievance will be valid if not filed within thirty (30) days
of the date the employee knew or could reasonably be
expected to have known of the grievance. Grievances filed
under paragraph (5) above which involve wage claims must be
filed promptly after the cause giving rise to the grievance
is evident and such wage claims will not be collectible for
a period earlier than thirty (30) days prior to the date of
the filing of the grievance or the date the grievance arose,
whichever is more recent.
(7) Disciplinary Time Off
No employee who has been in the service of the Company one
hundred twenty (120) days or more shall be assessed a
disciplinary layoff until he has been given the opportunity
to discuss with a Union representative the circumstances
involved and to attend an investigation meeting with a
representative of the Union, conducted by the charging
supervisor, and presented with a written statement copy to
his Union representative of the precise charges and the
penalty imposed. The employee and his authorized
representative will be advised of the purpose of this
investigation before it is convened (see letter on Page 148).
In the event the Company determines that a decision
resulting from such investigation meeting will not be
rendered for several days, then the appropriate union
representative will be advised of the progress of such
investigation and the anticipated date for rendering a
decision.
Discharge
No Mechanic who has been in the service of the Company one
hundred and eighty (180) days or more as a Mechanic. and no
other employee who has been in the service of the Company
one hundred twenty (120) days or more, shall be discharged
without a fair hearing (No hearing will be conducted without
the presence of duly authorized Union representative, i.e.,
committeemen designated by the Union.) before a designated
representative of the Company, other than the one bringing
the complaint against the employee. If an employee is
suspended, pursuant to Article 11(d)(4), the Company will
advise the employee and/or his duty authorized Union
representative in writing of the precise charge or charges
preferred against him not later than one (1) work day from
the time of the suspension.
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ARTICLE 11(C)(7) (CONTINUED)
A discharge hearing will be held not later than five (5)
days after the employee and the Union are notified of the
precise charges and a written decision will be issued within
three (3) work days after the close of the hearing. Prior to
the hearing, the employee and his duly authorized
representative will be given a reasonable opportunity to
secure the presence of necessary witnesses. If the decision
is not satisfactory then appeal may be made in accordance
with the procedure prescribed in Step 3.
If the above mentioned provisions are not adhered to, the
employee and his duly authorized Union representatives shall
be notified in writing advising him of his reinstatement in
accordance with Article 11(c)(8) of this Agreement.
The notification of the decision of the discharge hearing is
to be mailed and postmarked not later than three (3) work
days after the close of the hearing.
(8) If it is found that an employee has been unjustly suspended
or dismissed from the service, such employee will be
reinstated with his seniority rights unimpaired, compensated
for all wage loss, and his service record cleared.
(9) The Company will not discriminate against any witnesses
called to testify in any hearing or investigation under this
Agreement, and if any employee witness is located at some
point other than the point of hearing, employee witnesses
and Union committeemen will be furnished necessary free non-
positive transportation over Company lines.
(10) Except as specifically provided in this Article, all
hearings, meetings and investigations will be conducted
during regular day shift working hours insofar as possible.
Union representatives and necessary employee witnesses shall
not suffer loss of pay while engaging in the provisions of
this Article.
If grievance hearings or investigations are held during
other than regular day shift working hours, at the Company's
written request, or if a Union representative spends in
excess of eight (8) hours per day attending such hearings,
at the Company's written request, such Union representative
shall be paid at his regular straight time rate for time so
spent.
(d) General
(1) It is understood that either or both the Union President -
General Chairman or his authorized representative and the
Vice President - Labor Relations or his authorized
representative may intervene and participate in the handling
of a grievance or dispute at any level of the grievance
procedure.
(2) Probationary employees (mechanics with less than one hundred
eighty (180) days service as a mechanic and other employees
with less than one hundred twenty (120) days service)
covered by this Agreement shall not have recourse to
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ARTICLE 11(D)(2) (CONTINUED)
the grievance procedure in the event of discharge within the
probationary period.
(3) For the purpose of computing work days in connection with
provisions of this Article, only the calendar days Monday
through Friday each week shall be counted.
(4) In meetings for the purpose of investigation of any matter
which may eventuate in the application of discipline or
dismissal, an employee will be entitled to Union
representation, if he so desires.
Regardless of any other provisions of this Article, an
employee will not be suspended from the service of the
Company, pending a hearing, unless the Company determines
that its employees, property, or operation is seriously
jeopardized.
The Union recognizes the right of the Company supervisors to
manage and supervise its work force of employees,
individually or collectively in the normal course of work.
(5) The Union's decision to withdraw grievances, not to process
or appeal a grievance to the next step shall not in any way
prejudice its position on the issues involved.
(6) In assessing discipline the Company will consider the
gravity of the offense, seniority and the work record of the
employee involved.
(7) An employee may elect to have legal counsel present only at
the System Board of Adjustment, and only after he has signed
a Union representation waiver.
ARTICLE 12
SYSTEM BOARD OF ADJUSTMENT
(a) In compliance with Section 204. Title II, of the Railway Labor
Act, as amended, there is hereby established a System Board of
Adjustment for the purpose of adjusting and deciding disputes or
grievances which may arise under the terms of this Agreement and
which are properly submitted to it after exhausting the procedures
for settling disputes, as set forth under Article 11.
(b) The System Board of Adjustment shall consist of three (3) members;
one (1) appointed by the Company, one (1) appointed by the Union
and one (1) selected by the parties from a standing panel of six
(6) Referees. Each of the parties shall name three (3) individuals
who shall serve on this panel. In addition, an Alternate panel of
four (4) Referees shall be established by each of the parties
hereto naming two (2) individuals.
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ARTICLE 12(B) (CONTINUED)
(1) Either party may cause the services of a Referee on the six
(6) member standing panel to be terminated at anytime,
(except as to cases already scheduled for hearing) after
thirty (30) days written notice to the other party and to
the Referee whose services are being terminated by naming a
replacement who must be one of the Alternate panel members
appointed to said panel by the party making change. Each
party is limited to two (2) such replacements in accordance
with the above. Thereafter, thirty (30) days prior to the
expiration date of the Agreements the parties must name
members to the six (6) member standing panel and the four
(4) member Alternate panel as provided in paragraph (b)
above.
(2) In the event a vacancy or vacancies on the six (6) member
panel of Referees exists, prior to the expiration date of
the Agreements, both parties shall within ten (10) working
days agree upon replacement panel member(s). Should the
Company and the Union be unable to agree upon said
replacement member(s) they shall make joint request to the
National Mediation Board to name interim Referee(s).
(3) The foregoing notwithstanding, the parties may agree to
select a Referee who is not a member of the six (6) member
panel to hear a case with the Company and the Union Board
members and such panel will, for such case, constitute the
System Board of Adjustment. Such 'Ad Hoc' arbitrator will be
selected from a list of seven (7) arbitrators submitted, in
alternate turns from case to case by one party to the other,
the party receiving the list taking the first turn at
striking a name from the list. The remaining name on the
list shall be the Referee for the case, however, if he is
unable to serve in timely fashion, then the parties will
make joint request to the National Mediation Board to name a
Referee.
Unless the Company and the Union agree upon a combination of
cases to be presented to a Referee, each case presented to
the Board shall be treated as a separate case; except those
grievances involving more than one (1) employee or incident
concerning an alleged violation with similar facts and
circumstances which shall be treated as one case. The
Company and the Union member of the Board shall serve until
their successor is duly appointed.
(4) Secretary to the Board
The Office of 'Secretary to the Board' shall alternate
January 1st of each year between the Company member of the
Board and the Union member of the Board with the Union
member serving on even numbered years and the Company member
serving on odd numbered years.
The Secretary shall give written notice to the Board members
and the parties to the dispute in connection with the
scheduling of Board matters.
(c) The Board shall have jurisdiction over disputes between any
employee covered by this Agreement and the Company growing out of
grievances, interpretation or
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ARTICLE 12(C) (CONTINUED)
application of any of the terms of this Agreement. The
jurisdiction of the Board shall not extend to propose changes in
hours of employment, basic rates of compensation, or working
conditions covered by this Agreement or any amendment hereto.
(d) The Board shall consider any dispute properly submitted to it by
the President General Chairman of the Union or his authorized
representative, or by the chief operating official of the Company
or his authorized representative, when such dispute has not been
previously settled in accordance with the terms provided for in
this Agreement, provided that notice of the dispute is filed with
the Company and the Union members of the Board, with copy to the
Company or Union, as may be appropriate, within forty-five (45)
work days after the decision in the last step of the grievance
procedure. The date of notice shall determine the order for
considering cases, unless the parties mutually agree otherwise.
(e) The neutral member (Referee) shall preside at meetings and
hearings of the Board and shall be designated as Chairman of the
System Board of Adjustment. It shall be the responsibility of the
Chairman to guide the parties in the presentation of testimony,
exhibits, and arguments at hearings to the end that a fair, prompt
and orderly hearing of the dispute is afforded.
(f) The Board shall meet at such location or locations where the
parties may agree, generally to be the location(s) where the
grievance arose or the location most convenient to the majority of
the individuals necessary to the proceedings. If the parties
cannot agree to a location, then the Secretary to the Board shall
promptly request in writing with notice to the parties that the
Chairperson, in consultation with the Company's and Union's
designees to the Board, determine the location or locations where
the Board will convene.
(g) The notice of disputes referred to the Board shall be addressed in
writing to the Company member and the Union member jointly and
shall include a statement of:
(1) The question or questions at issue.
(2) Statement of facts.
(3) Position of appealing party.
(4) Position of other party.
A copy of the notice of dispute shall be served upon the other
party.
(h) Upon filing the notice of dispute, the Company and Union Board
members shall within five (5) work days, select a Referee to sit
with the Board to settle the dispute and the Secretary of the
Board shall advise the appealing party and other party of the name
and address of the Referee. If the Board members are unable to
agree upon a Neutral Referee within the five (5) work days, a
joint request will be directed to the Chairman of the National
Mediation Board for the appointment of a Neutral Referee. A copy
of the notice of dispute shall be forwarded by the Secretary of
the Board to the Neutral Referee who has been appointed or
selected to serve in this matter. All
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ARTICLE 12(H) (CONTINUED)
subsequent documents filed with the Board shall be addressed to
all three members, with copy to the other party or parties.
(i) The Neutral Referee shall set a date for hearing scheduled within
thirty (30) days after his appointment. If the Neutral Referee is
a member of the standing panel and cannot serve during this thirty
(30) day period, the parties may agree to another member of the
standing panel who is available during this same period or the
parties shall jointly petition the Chairman of the National
Mediation Board to assign a Neutral Referee.
(j) If neither party or the Chairman requests a hearing, such hearing
shall be waived. If either party desires a hearing to present
evidence or oral argument to the Board, or if the Referee desires
that evidence or arguments be presented by either party, request
for hearing shall be made to the Board and served on the parties
within fifteen (15) days after the appointment of the Neutral
Referee. If such request is served, the hearing shall be held
within thirty (30) days of the date the request is served at a
time mutually satisfactory to the Chairman and the Company and
Union members of the Board.
(k) (1) Immediately following the hearing, the Board shall convene
in Executive Session, unless the parties mutually agree
otherwise. The Board shall issue its decision at the
conclusion of the Executive Session, if possible. However, a
written award will be rendered to the parties not later than
ten (10) work days following the Executive Session.
(2) In no event shall a decision be issued until after an
Executive Session has been held if either the Company or the
Union Board member has requested such session. In the event
there is to be no hearing, the Chairman shall set a date
which is agreeable to the Board members, for an Executive
Session of the Board. The Board shall issue its decision at
the conclusion of the Executive Session, if possible.
However, a written award will be rendered to the parties not
later than ten (10) work days following the Executive
Session.
(l) The time limits expressed in this Article may be extended by
mutual agreement of the parties to this Agreement. The expenses
and reasonable compensation of the Referee selected, as provided
herein, shall be borne equally by the parties hereto.
(m) Employees covered by this Agreement may be represented at Board
hearings by such person or persons as they may choose and
designate, and the Company may be represented by such person or
persons as it may choose and designate. Evidence may be presented
either orally or in writing or both. The Board may, at the request
of either the Union member or the Company member thereon, call any
witnesses who are employed by the Company and who may be deemed
necessary to the dispute.
(n) (1) A majority vote of all members of the Board shall be
competent to make a decision. Decisions of the Board in all
cases properly referred to it shall be final and binding
upon the parties hereto.
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ARTICLE 12(N) (CONTINUED)
(2) In grievances involving disciplinary suspensions or
discharges in which the Board awards back pay, the employee
will be paid the amount of straight time and overtime pay he
would have earned had he not been held out of service. The
amount of overtime pay due to the employee will be the
average amount of overtime pay earned during the period in
question by other employees in the grievant's
classification/seniority group and location.
(3) Unless otherwise provided in the award, the employee will
receive restoration of all retirement plans, benefits,
restoration of sick leave accrual, and payment for actual
unreimbursed medical expenses that would have been covered
by Company provided medical benefits plans had he/she not
been held out of service.
A discharged employee who is returned to work by a decision
of the System Board of Adjustment shall receive pay for the
vacation accrued in the year of his discharge.
(o) If the parties mutually agree, a stenographic report will be made.
The costs of such report shall be borne equally.
(p) The Chairman's copy of any transcripts and/or all records of cases
will be filed at the conclusion of each case in a place to be
provided by the Company, and will be accessible to Board members
and to the parties.
(q) Each of the parties hereto will assume the compensation, travel
expense, and other expenses of the Board member selected by it.
(r) Each of the parties hereto will assume the compensation, travel
expense, and other expenses of the witnesses called or summoned by
it. Witnesses who are employees of the Company shall receive
positive free transportation over the lines of the Company from
the point of assignment to the point at which they must appear as
witnesses and return to the extent permitted by law.
(s) The Company and the Union members, acting jointly, shall have the
authority to incur such other expenses as in their judgment may be
deemed necessary for the proper conduct of the business of the
Board and such expenses shall be borne one-half by each of the
parties hereto. Board members who are employees of the Company
shall be granted necessary leave of absence for the performance of
their duties as Board members. Board members shall be furnished
positive free transportation over the lines of the Company for the
purpose of attending meetings of the Board, to the extent
permitted by law.
(t) It is understood and agreed that each and every Board member shall
be free to discharge his duty in an independent manner, without
fear that his individual relations with the Company or with the
Union may be affected in any manner by any action taken by him in
good faith in his capacity as a Board member.
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ARTICLE 12 (CONTINUED)
(u) Nothing herein shall be construed to limit, restrict, or abridge
the rights or privileges accorded either to the employees or to
the Company or to their duly accredited representatives, under the
provisions of the Railway Labor Act, as amended.
ARTICLE 13
LEAVE OF ABSENCE
(a) When the requirements of the service will permit (the preceding
limitation will not apply in cases of medical and maternity
leaves), any, employee hereunder shall upon proper application and
approval of the Company, be granted a leave of absence in writing
for a period not in excess of ninety (90) days. Under such leaves,
the employee shall retain and continue to accrue seniority, and
the designated local representative of the Union shall be notified
of all leaves granted.
(b) (1) Upon proper application accompanied by a physician's
statement employees' requests for medical leave extensions
shall be granted. In no case will extension be granted so as
to cause the total medical leave of absence to exceed five
(5) years. Seniority will accrue during such extension(s).
All other leaves may be extended for additional periods not
to exceed ninety (90) days each when approved by both the
Company and the above designated Local Representative of the
Union, in writing, and seniority will accrue during such
extension.
An employee who returns from a Medical Leave of Absence and
has exhausted more than three (3) years of his disability
insurance benefit period and/or his five-year Medical Leave
of Absence time for a given illness or injury shall be
required to re-establish his disability insurance benefit
period and/or his Medical Leave of Absence time for the same
or a related illness or injury. Re-accrual shall occur only
after the employee has been back to work for six (6)
consecutive months. At that time, the employee will be
credited with two (2) years of his disability insurance
benefit period and Medical Leave of Absence time.
Thereafter, the employee will re-accrue ten (10) days of
disability insurance benefit time and Medical Leave of
Absence time for every eighty (80) straight time hours
worked until he has re-accrued his maximum disability
insurance benefit time and Medical Leave of Absence time of
five (5) years.
An employee who returns from a Medical Leave of Absence and
has exhausted less than three (3) years of his disability
insurance benefit period and/or his five-year Medical Leave
of Absence time will re-accrue his entire five-year
disability insurance benefit period and/or Medical Leave of
Absence time for the same or a related illness or injury
upon completing six (6) consecutive months of work. If,
however such employee suffers the same or related illness or
injury prior to completing six (6) consecutive months of
work such illness or injury shall be considered the same
disability as the previous illness or injury for the purpose
of computing the employee's five-year disability insurance
benefit period and/or Medical Leave of Absence time.
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ARTICLE 13(B)(1) (CONTINUED)
An employee who returns to work from a Medical Leave of
Absence for seven (7) consecutive days and who becomes
disabled by an illness or injury unrelated to the illness or
injury which occasioned the original Medical Leave of
Absence need not re-establish his disability insurance
benefit period or his Medical Leave of Absence time through
re-accrual time and, upon proper application, shall be
granted a new Medical Leave of Absence and extensions
thereto not to exceed five (5) years.
(2) In the event the Company's physician considers that an
employee does not meet the physical requirements of the job
as determined by the Company, or in the event the Company's
physician considers that an employee meets the physical
requirements of the job as determined by the Company, and in
either event the employee's physician has made a contrary
determination, the employee shall have fifteen (15) calendar
days from the date he/she is notified of the contrary
determination, to elect to have a third party impartial
physician who specializes in the treatment of the medical
condition at issue make a determination resolving the
contrary determination. If the employee elects a third
impartial physician to make such a determination, a third
impartial qualified physician will be selected by the
Company from the predetermined, mutually agreed upon medical
panels to examine the employee. Pending review by a third
impartial physician, the employee shall remain in his or her
current status. The decision of the third impartial
physician will determine the employee's ability to meet the
physical requirements of the job (i.e. whether the employee
should return to work or not return to work) and shall be
final and binding upon the Company and the employee.
The predetermined medical panels will be mutually agreed
upon by both the Company and the Union and will consist of
physicians who will be board certified in their respective
specialties. The third impartial physician's determination
shall be final and binding upon the Company and the employee
on the issue submitted. The parties further agree that they
shall establish the procedures, forms, and guidelines to be
used by the impartial physician in making the determination
as to fitness to return to work. The Union shall be
entitled to review and approve the Regional Medical Panel
facility for determination as to whether or not such
facility shall be entitled or qualified to provide the
services herein described. The parties shall each appoint
one (1) individual for purposes of making the selections.
All facilities must be a teaching hospital or affiliated
with a medical school.
The parties agree that if the third impartial physician
determines that the employee has continuously met the
physical requirements of the job as determined by the
Company and the Company has held that employee out of
service pending this determination, the employee will be
reinstated and paid for sick/industrial pay or wages, as
appropriate. If, however, the employee has held
himself/herself out of service pending this determination,
the employee will receive no back pay for the time period
that the third impartial physician determines that the
employee should have been in service for the Company. In
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ARTICLE 13(B)(2) (CONTINUED)
the event the third impartial physician determines that the
employee is unable to return to work and should remain on
medical leave, the employee shall be returned to his or her
medical leave status. The expense of the employee's
physician will be borne by the employee; the expense of the
Company's physician will be borne by the Company; and the
expense of the impartial physician will be borne by the
Company.
(c) Employees accepting full-time employment with the IAMAW as a
District 142 officer, and/or other designated local lodge officers
of a Local Lodge of District 142, or Grand Lodge staff or officer
shall be granted an indefinite leave of absence by the Company for
the period so employed as long as this Union remains the exclusive
bargaining agency of employees covered by this Agreement. Under
such leaves the employees shall continue to accrue seniority. Such
employees shall have all employee benefits that can reasonably be
continued in effect during their leave of absence and upon their
return from such leave of absence will be credited with the
maximum vacation, sick leave, and occupational illness or injury
allowances provided by the Agreement then in effect for employees
of like seniority.
(d) An employee hereunder returning from an authorized leave of
absence or extension thereof will be returned to the job held when
the leave was granted unless an employee with more seniority holds
the job as the result of exercising displacement rights or unless
the job no longer exists. In either case, he may exercise his
seniority rights as set forth in this Agreement. An employee
returning from a leave of absence must give notice of return in
writing to the Company at least ten (10) days prior to his
anticipated return.
(e) Any employee hereunder on leave of absence engaging in gainful
employment not provided for in paragraph (c) above without prior
written permission from both the Company and the Union General
Chairman shall forfeit his seniority rights and his name will be
stricken from the seniority roster.
(f) Any employee enlisting in, drafted, or conscripted for military or
naval service in defense of the United States during an actual
period of war, or any employee drafted or conscripted by Act of
Congress for military or naval training, shall retain his
seniority rights unimpaired and upon honorable discharge from such
service shall be restored to his former position or one of equal
rating in accordance with the exercise of seniority rights,
provided he applies for reinstatement within ninety (90) days
following his discharge from military or naval service. In case of
temporary or partial disability which makes it impossible to
return to work within ninety (90) days after discharge, special
arrangements will be made by the Company and the Union for a
proper extension of time.
(g) Twenty-five (25) days prior to the expiration of a leave of
absence for medical reasons, granted under (a) and (b) of this
Article, or of any extension of such leave granted under (b) of
this Article, the Company will send a written notice to any
employee on such medical leave of absence advising him or her that
he or she must
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ARTICLE 13(G) (CONTINUED)
either give notice of intent to return, pursuant to (d) of this
Article, or request an extension in accordance with (b) of this
Article.
(h) An employee elected to a public office (state or national) or any
position with the AFL - CIO (not covered by Article 13(c) in which
the duties of that office require a leave of absence, shall be
granted such leave of absence for the term of that elective
office. Such employee shall retain and continue to accrue
seniority, and the designated local representative of the Union
shall be notified of all leaves granted. Any extensions to such
leaves granted under this provision shall not exceed the duration
of this Agreement. Subsections (a) and (g) shall not be applicable
to this subsection. Such employees shall have all employee
benefits that can reasonably be continued in effect during their
leave of absence and, upon their return from such leave of absence
will be credited with the maximum vacation, sick leave, and
occupational illness or injury allowances provided by the
Agreement then in effect for employees of like seniority.
ARTICLE 14
SAFETY AND HEALTH
(a) Employees entering the service of the Company may be subjected to
a physical examination. The cost of any such examination will be
paid by the Company.
(b) The Company hereby agrees to maintain safe, sanitary, and
healthful conditions at all points and to maintain on all shifts
proper first aid equipment to take care of its employees in case
of accident or illness. The Company agrees to furnish good
drinking water, and sanitary fountains will be provided where
necessary. The floors of the toilets and washrooms will be kept in
good repair and in a clean and sanitary condition. Shops and
washrooms will be lighted and heated in the best manner possible,
consistent with the source of heat and light available. Lockers
will be provided for all employees within a reasonable time.
(c) In order to eliminate, as far as possible, accidents and illness,
an adequate safety committee will be established at each point
where advisable on the system, to be composed of an equal number
of Union and Company representatives. The Union and the Company
shall each appoint not more than three members. The Chairman of
the local Safety Committee shall be the safety engineer, wherever
a safety engineer is permanently stationed, provided he is
designated as one of the Company representatives on the committee.
The Safety Committee will make periodic tours of inspections not
less frequently than monthly for the purpose of seeing that all
safety and sanitary regulations are complied with as well as to
make recommendations for the maintenance of proper standards.
The Company and the Union shall each appoint one (1) Safety
Representative per shift to supplement the regular Safety
Committee during periods of time when the Safety Committee is not
available.
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ARTICLE 14(C) (CONTINUED)
The appointment of these Representatives shall conform with the
three (3) basic shifts as outlined in Article 7 in order to
provide seven (7) day, twenty-four (24) hour coverage. At such
times, such Representatives will have precisely the same
jurisdiction and role as the local Safety Committee. In the event
these Representatives cannot agree in a particular case, the
matter will be referred to the Safety Committee.
The Union Safety Representative shall comply with Article 11
(b)(11) when it becomes necessary for him to leave his work area
for a safety problem.
Each party will advise the other of its respective shift Safety
Representative it is recognized and desirable that the Company
Representative is a ranking official of the Company.
To provide a means whereby individuals may bring to the attention
of their departmental supervision and the IAM Safety Health
Committee, matters which they feel might adversely affect the safe
and healthful working conditions within their department and to
establish procedures for the prompt handling of such complaints.
PROCEDURE
(1) The individual or his/her steward must first discuss the
matter with complainant's immediate supervisor, allowing the
supervisor a reasonable length of time (normally 48 hours)
to investigate and take action. Those matters brought to the
supervisor's attention must be handled promptly. If the
complaint is not thought to be legitimate the supervisor
must explain his/her position to the individual and the
steward.
(2) If the matter is not thought to be satisfactorily handled
the steward will meet with the Manager or his designee. This
discussion will not include the individual or the immediate
supervisor, except by mutual agreement of both parties.
(3) A matter not resolved by the above procedure will be
submitted in writing, on Safety Compliance Report (Form
M-344) to the Manager by the individual's steward.
(4) When presented with the Safety Compliance Report (Form M-344),
the Manager will answer, in writing, stating the action
taken or the reason for rejection. The Manager will
return the original Safety Compliance Report to the
initiating steward by the end of the second work day.
(5) The steward will forward the original Safety Compliance
Report to the IAM Safety/Health Committee for their record
and/or possible further handling.
(6) If the matter is not resolved, the IAM Safety/Health
Committee will meet with the Director of the department who
will answer the complaint, in writing, on the
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<PAGE>
<PAGE>
ARTICLE 14(C)(6) (CONTINUED)
Safety Compliance Report. The Director of the Department
will return the answered Safety Compliance Report to the IAM
Safety/Health Committee by the end of the third work day.
(7) Should the matter remain unresolved, the IAM Safety/Health
Committee if deemed advisable, will meet with the
appropriate Chief Operating Official for the point and/or
location. When necessary, the Safety/Health Committee will
meet with the appropriate Full-Time Grievance Committee
Chairman for the point and/or location.
(8) The IAM Safety/Health Committee will return a copy of the
Safety Compliance Report (Form M-344) to the steward as soon
as the matter is finally resolved.
(d) No employee shall be discharged or suspended pending an
investigation by the Safety Committee for refusing to work on a
job which is not reasonably safe and/or sanitary or which might
endanger his health.
In no event shall an employee be discharged, suspended and/or
disciplined in any manner for adhering to Company, both local
and/or system, rules and/or regulations.
(e) Proper and modern safety devices shall be provided for all
employees working on hazardous or unsanitary work, such devices to
be furnished by the Company.
(f) The Company will furnish protective clothing for the use of
employees required to work with acids or chemicals that are
injurious to clothing and personnel. Suitable rain suits or
protective outer garments shall be kept available at all shops or
points by the Company.
(g) Employees taken sick or injured while at work shall be given
medical attention at the earliest possible moment, and employees
will be permitted to return to work without signing any releases
of liability pending the disposition of settlement of any claim
for damage or compensation. An employee injured while at work on
his regular shift shall not lose any pay for the remainder of the
shift if the injury is such that he is unable to resume work, nor
shall he lose pay for any treatments or doctor's visits required
on his scheduled shift as a result of such injury.
(h) (1) For employees covered by this Agreement except Fire
Inspectors and Crew Chief Fire Inspectors, wherever the
Company shall require a standard coverall, the coverall will
be furnished at Company expense and laundering shall be done
at Company expense. The coverall will remain the property of
the Company. Whenever a standard coverall is designated by
the Company, the Company will make available for sale to
such employees at cost, all items of standard uniform, and
the cost of coverall insignia and its application to the
coverall shall not be considered as part of the cost and the
employee will not be charged therefor. Employees who are
required to wear a cap will be issued such cap without
charge.
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<PAGE>
ARTICLE 14(H)(1) (CONTINUED)
The Company will provide IAM insignias affixed on
replacement uniforms not later than January 1, 2000.
(2) Wherever the Company shall require Fire Inspectors or Crew
Chief Fire Inspectors to wear a standard uniform the uniform
will be furnished at Company expense. The uniform will
remain the property of the Company.
(3) The Company agrees to furnish one uniform to each Guard upon
his entering service as a Guard, and thereafter to replace
the uniform as needed, but not normally to exceed one
uniform a year, such to remain the property of the Company.
The following items comprise the standard uniform furnished
for Guards:
1 TWA uniform cap with Guard badge
1 TWA Guard uniform blouse
1 TWA Guard badge for blouse
4 TWA Guard uniform trousers (2 of which will be summer
weight)
1 TWA Guard pea coat
1 TWA Sam Browne belt
(i) The Company agrees to comply with OSHA rules and regulations for
general industry, as well as those related State Occupational
Safety and Health Plans which have been approved by OSHA. In
addition, the Company agrees to use as guidelines the list of
Threshold Limit Values (TLV's) of the American Conference of
Governmental Industrial Hygienists (ACGIH) as updated from time to
time and to comply with the list of Permissible Exposure Limits
(PEL's) as adopted by OSHA.
In the event the Occupational Safety and Health Act is repealed
the Company shall remain obligated in accordance with Paragraph
(b) hereof, to maintain its then existing standards for safe and
healthful work places.
(j) It is agreed the Safety and Health Committee acts hereunder
exclusively in an advisory capacity and that the International
Union, District, Local Union, Safety Committee and its officers,
agents and employees shall not be liable for any work connected
injuries, disabilities or diseases which may be incurred by an
employee.
ARTICLE 15
FREE TRANSPORTATION
(a) In addition to any other pass benefits referred to in this
Agreement, employees covered by the Agreement will be afforded
free and reduced fare transportation as
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<PAGE>
<PAGE>
ARTICLE 15(A) (CONTINUED)
established by Company policy on the date of signing of this
Agreement which will not be changed or discontinued during the
term of this Agreement without first giving the Union ninety (90)
days notice of the reason therefore and affording the Union an
opportunity to confer with the Company.
Employees covered by this Agreement and their eligible family
members who are traveling on the employee's vacation shall have
boarding priority over employees who are traveling on "Incentive"
passes issued by the Company for such purposes as Perfect
Attendance, etc.
(b) The President - General Chairman and the District Lodge 142 full-
time staff of the Union will be furnished with Class 3, positive
space, non-removable, non-downgradable term passes for
transportation over the Company System within the scope of the
Union's geographical jurisdiction under this Agreement as defined
by the Railway Labor Act during their term of office for use in
connection with their work to the extent permitted by law.
(c) In addition to any applicable provisions of the Company's
Management Policy and Procedure Manual. Employees laid off by the
Company in a reduction of force who desire to seek employment
elsewhere will, upon application be granted on one occasion, free
one-way, non-positive air transportation on the Company's planes
to any point on the system within the United States, to the extent
permitted by law.
(d) Employees who at the time of retirement are covered by this
Agreement shall receive pass privileges in accordance with the
policy and regulations specified in the Company's Management
Policy and Procedure Manual on page 13.13.01 dated July 1, 1998
Federal law permitting. Employees who have fifteen (15) or more
years of service with the Company and who retire under the IAM
Retirement Plan shall be entitled to retiree term pass privileges
for self, spouse and dependents.
(e) Once a year employees with more than six (6) months and less than
fifteen (15) years of Company service and their spouse and
dependent children (or parents, in the case of single employees)
will be issued Class 7 "vacation passes", according to employees'
Company seniority date. Employees with fifteen (15) years or more
of Company service and their spouse and dependent children (or
parents, in the case of single employees) will be issued Class 6
"vacation passes", according to employees' Company seniority date.
These passes will be in addition to employees' regular annual
allotment and will allow boarding priority over all other lower
rated passes. Request for "vacation passes" may be submitted in
conjunction with an employee's regularly scheduled vacation. The
yearly request must include all eligible family members who wish
to accompany employees. Geographical limitation and seasonal
regulations as set forth for regular annual allotments will apply
to the use of vacation passes.
(f) The Company agrees to make such changes as are necessary to
provide that employees shall become entitled to annual passes
after fifteen (15) years of service.
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<PAGE>
ARTICLE 15 (CONTINUED)
(g) Hawaii will be deemed to be a domestic station for the purposes of
determining pass policies for employees at such time as the
Company's regularly scheduled service to and from Hawaii increases
to four (4) daily flights each way. Employees stationed in Hawaii
shall be entitled to travel Honolulu-Mainland, round trip, year
around, within limits of their allotments.
ARTICLE 16
VACATIONS
(a) Employees will be eligible for annual paid vacations in accordance
with the regulations hereinafter set forth.
(b) Vacation Allotment Schedule
(1) The vacation year shall be from January 1 to December 31.
(2) Paid vacation allowance will be computed on scheduled work
days and based on the number of months worked in the
preceding calendar year and the number of full years active
service with the Company completed prior to January 1 of the
year vacation is due to be taken, in accordance with the
schedule below:
Effective January 1, 1981:
<TABLE>
<CAPTION>
Months of
Service Less 5 Years 10 Years 17 Years 25 Years
Prior To Than Through Through Through Through 30 Years
January 1 5 Years 9 Years 16 Years 24 Years 29 Years and Over
--------- ------- ------- -------- -------- -------- --------
<S> <C> <C> <C> <C> <C> <C>
1 1 2 2 3 4 5
2 2 3 4 5 6 7
3 3 4 6 7 8 10
4 4 6 8 10 12 14
5 4 6 8 10 12 16
6 5 8 10 13 16 20
7 6 9 12 15 18 22
8 7 11 14 18 22 26
9 8 12 16 20 24 29
10 9 14 18 23 28 33
11 9 14 18 23 28 33
12 10 15 20 25 30 35
</TABLE>
The maximum vacation allowance in no case will exceed thirty-five (35)
work days.
78
<PAGE>
<PAGE>
ARTICLE 16 (CONTINUED)
(c) Vacation allowance will accrue during each calendar month for
which an employee receives pay for eighty-five (85) or more
straight time hours from the Company, whether he is working or is
on sick leave or vacation. An employee loaned to another company
will accrue vacation credit during such loan period. An employee
on approved time off for Union business will accrue vacation
allowance during such period.
(d) (1) An employee may take his vacation at any time during the
calendar year in which the vacation is due, subject to
departmental vacation schedules and approval of his
supervisor. However, in no case will a vacation be allowed
to an employee until he has completed six (6) months of
service with the Company.
(2) An employee who is disabled because of an industrial injury
for the entirety of his vacation period or for the entirety
of any split vacation period may take the vacation period
lost due to the injury at a later open period provided he
advises his supervisor prior to the start of such scheduled
vacation. If such vacation period cannot be rescheduled by
the end of the calendar year in which it is due to be taken.
the employee shall be paid the vacation due him. Any
requests to postpone a vacation period under this paragraph
must be supported by a physician's certificate confirming
the period of disability involved.
(3) Effective October 1, 1999, an employee with a minimum
accrual of five (5) weeks of vacation may elect to receive
pay in lieu of taking such vacation provided that his
accrual limits are not less than four (4) weeks after making
such election. The employee may elect such option during
his/her respective vacation selection period as outlined in
Article 16(m). Payment will take place in first pay period
of November during the year in which the vacation would have
been taken.
(e) Compensation for the vacation period shall be computed at the
employee's base rate of pay (including premium pay) in effect at
the time the vacation is taken.
(f) Vacation leave is not cumulative and must be taken during the year
following the year in which vacation is accrued, unless an
employee has received written request from his supervisor to
forego his vacation during the year. Otherwise, if not taken
within the calendar year when eligible, his vacation will be
forfeited.
(g) (1) Except as provided in sub-paragraph (2) of this paragraph
(g), an employee temporarily terminating because of layoff
due to reduction in force or an employee granted a leave of
absence shall be given vacation pay based on the number of
months worked in the preceding year in accordance with
paragraph (b)(2) if vacation has not been taken in the
current calendar year. Such employees shall also be paid
vacation credit for the period worked during the current
calendar year in accordance with the schedule set forth in
paragraph (b)(2).
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<PAGE>
<PAGE>
ARTICLE 16(G) (CONTINUED)
(2) An employee who is granted a leave of absence other than for
military service, upon written request may retain vacation
credit for earned and or accrued vacation for use upon
return from leave.
(a) Employees entering approved leave may retain credit
for earned and/or accrued vacation in lieu of
receiving payment.
(b) Upon notification of leave approval the employee must
designate in writing whether the vacation is to be
paid or retained. The employee may split the election,
i.e., payment for all earned and retention of all
accrued. No other split is permissible. Changes to
this election may only occur at the time of a leave
extension subject to (c) below.
(c) Payment will automatically be made for EARNED vacation
by December 31, if the employee has not returned from
the leave of absence. Accrued vacation may be carried
through the end of the second year at which time it
will be paid if employee has not returned from the
leave of absence.
(d) An employee who has elected to retain vacation as
provided above, must return to active status prior to
taking such retained vacation. At the time an employee
returns to active status he may select his retained
vacation from any period in the vacation schedule
remaining open. In the event there are no open
vacation periods in the calendar year in which the
employee returns to work, and such vacation period(s)
become available at a later date within the calendar
year, such vacation period(s) shall be assigned to the
employee and the balance of vacation, if any, shall be
paid at the end of the year. In the event no vacation
periods become available during the calendar year, the
employee shall be paid at the end of the year.
(h) An employee who is discharged or who resigns shall be paid for
vacation due him, based on the number of months worked in the
preceding year, in accordance with paragraphs (b)(2), if vacation
has not been taken during the current calendar year. Employees
discharged for cause or resigning without giving at least two (2)
calendar weeks written notice shall not be paid vacation credit
for any months worked in the current year.
(i) If an employee received written request from his supervisor to
forego his vacation during a previous year and has not yet
received that vacation, vacation pay will be paid for that year
upon termination, regardless of reason for termination.
(j) An employee recalled from layoff or returning from leave of
absence will accrue vacation leave from the date of return to
service in accordance with paragraph (b)(2), which vacation leave
may be taken in the next calendar year.
(k) In the case of the death of an employee, any vacation pay
allowance due him shall be paid to the executor, administrator, or
legal heir.
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<PAGE>
ARTICLE 16 (CONTINUED)
(1) Request for vacation leave will be granted on a basis of Company
seniority. However, a senior employee will not be permitted to
take vacation leave already assigned to a junior employee.
(m) The Company will notify each employee of his anticipated vacation
earned by October 1 of the preceding year. Each employee must
notify the Company by October 15 on a form furnished by the
Company of the amount of vacation, if any, he elects to bank as
provided in the letter of agreement on Page 157, or elects payment
pursuant to Article 16 (d)(3), as well as the amount of eligible
day at a time (DAT) vacation to be taken. The Company will post a
vacation schedule (excluding any allowance for banked vacation,
16(d)(3) election or DATS by November 1, indicating the number and
classification of employees who may be on vacation at any given
time during the next calendar year. The vacation schedule will
include at least 100% of the vacation earned by each employee
after taking into account any vacation the employees have elected
to take as banked vacation, 16 (d) (3) election and/or day at a
time (DAT) vacation, which will be excluded from the posted
vacation schedule. Wherever necessary, such list may indicate the
number and classification of employees in each work assignment who
may be on vacation at any given time during the year. Crew Chiefs
will not be considered as separate classifications for the purpose
of the foregoing list; however, the Company may refuse to permit
more than ten (10) percent of the Crew Chiefs on the same regular
work assignment in a classification on a shift to be on vacation
at the same time. To the extent such scheduling is permitted by
operational requirements, the Company will (1) schedule vacation
during desirable periods and (2) prorate by shift, in accordance
with the number of employees assigned, the vacations it has
determined are available during a period. The November 1 posting
will advise employees that they will be contacted for vacation
selection between November 5 and November 20. Employees must be
prepared to make their vacation selection when contacted.
Reasonable provisions shall be made by the Company to secure the
selections of employees who may be absent or on vacation from
November 1 to November 20. Vacation lists will be posted by
December 10 at each point.
(n) Employees shall be given their vacation pay prior to taking their
vacation if they request the same by written notification to their
immediate supervisor not less than three (3) weeks prior to the
start of the vacation.
(o) (1) A vacation group is defined as the grouping by shift or by
'seniority grouping' for the purpose of vacation allowance
and selection. A sheet upon which the year is divided into
weekly periods showing the number of employees in a vacation
group who may be on vacation during each weekly period will
be provided by the Company. The Company will also provide a
listing of the number of days vacation to which each
employee on the list is entitled. In any case where an
employee has made his vacation selection, and it later
develops that he is entitled to a greater or lesser number
of days than initially indicated, such employee will not be
required to change his vacation from the period(s)
previously selected, but will be entitled to add or subtract
such greater or lesser number of days.
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<PAGE>
<PAGE>
ARTICLE 16(O)(1) (CONTINUED)
The Company will make every reasonable effort to contact the
employee in accordance with Article 16(m), but if his
selection cannot be determined, he should be assigned a
vacation period based upon the best judgment of the
supervisor and the vacation selections of other employees
are not to be held up.
(2) The first weekly period in the calendar year will be the
first full week (considering Monday as the first day of the
week). However, if an employee desires, he may start his
vacation as early in the year as January 1, or end it on
December 31, subject to all other conditions of selection set
forth in the Agreement.
(3) Split vacations will be permitted for employees with ten
(10) days or more vacation. The split must provide at least
five (5) work days on the first choice. Vacations will not
be split into more than three (3) parts. An employee will
select only one (1) part during his first choice and all
remaining parts of the second choice. The second choice will
be considered only after all first choices are made. When an
employee's vacation allotment cannot be evenly divided by
five (5), the odd days must be taken with one of the
choices. One (1) or two (2) odd days overlap will not close
out a vacation period.
(4) When an employee leaves a vacation group and thus vacates a
vacation period(s), the vacated period(s) will be left open
for selection by the employee who in the future enters the
vacation group and as a result is required to re-select
vacation.
(5) If, during original selection of vacations, certain periods
were closed with no vacations permitted, and should any of
these closed periods later be opened for vacation selection,
all employees within the vacation group who have vacations
remaining shall be given the opportunity to re-select
vacation periods in seniority order. However, a senior
employee will not be permitted to take a vacation period
already assigned to a less senior employee.
(6) When an employee is forced from a vacation group he will
retain his vacation period. When an employee initiates a bid
into a vacation group covered by an established vacation
schedule, he may retain his scheduled vacation period
providing it does not conflict with operational
requirements.
(7) Except as provided in paragraph (2) above, vacations must
start or end continuous with an employee's regularly
scheduled days off. For the purpose of vacation selection,
all employees will be assumed to have Saturday and Sunday
days off. Employees with other than Saturday and Sunday
scheduled days off will start their vacation with their
scheduled days off by moving their vacation selection to
obtain the larger part of their vacation in the week
selected.
(p) (1) In accordance with Article 16(m) an employee must express
his desire in writing to take up to ten (10) days of his
vacation on a day at a time (DAT) basis. When
82
<PAGE>
<PAGE>
ARTICLE 16(P)(1) (CONTINUED)
an employee's vacation allotment cannot be evenly divided by
five (5), the odd days plus five (5) remaining can be set
aside for DAT.
(2) In no event can an employee set aside more than ten (10)
vacation days to be used as DAT. DAT vacation days left over
at the end of the calendar year will be carried forward. In
such event an employee shall be permitted to set aside as
DAT in the next calendar year only those days carried
forward.
(3) In accordance with Article 16(m) an employee must indicate
his desire to take DAT days even though he has not yet taken
all of his DAT vacation days for the current calendar year.
However, if for any reason, the employee does not thereafter
take all of his DAT days for the current calendar year by
December 31 of such year, the DAT days remaining will be
handled as outlined in the preceding paragraph.
Consequently, an employee having previously set aside five
(5) new DAT vacation days, to be used in the next calendar
year, and not having taken all DAT vacation days in the
previous calendar year, will be required to select a regular
vacation period only from the available weeks remaining.
(4) Each day the Company will post a list indicating the number
of employees in each work assignment who will be allowed DAT
seven (7) days hence. (For example on January 1, the Company
will post a list stating the number of DAT's that will be
allowed on January 8.) Employees desiring the DAT day will
write their name and Company seniority date on the list,
provided such day is a regular scheduled work day for such
employee. Five (5) days prior to the DAT date the Company
will post a list of the names of the employee(s) to be
allowed DAT. (Using the above example, the Company will post
on January 3 the names of the employee(s) allowed DAT on
January 8.) Only if an insufficient number of employees sign
up for a DAT date the Company may allow the day to
additional employees on a first come, first served basis
based on the needs of the service.
(5) Employees who will not be present on the day DAT requests
are solicited shall be permitted to make their DAT day
request on their last work day prior to the day requests are
solicited.
(6) Employees who are unexpectedly absent on the day DAT
requests are solicited shall be permitted to make their DAT
day request by contacting the appropriate Company official
on such day.
(7) The Company shall grant DAT day requests of employees in
Crew Chief classifications based on the needs of the
service.
(8) Another employee on vacation will not be grounds for
refusing a DAT vacation day. However, the Company retains
the right to determine the allowable number of DAT days
based on the needs of the service.
83
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<PAGE>
ARTICLE 16(P) (CONTINUED)
(9) The Company shall maintain DAT records to assist the
employee(s) in determining their DAT usage.
ARTICLE 17
SICK LEAVE
(a) Employees who have completed six (6) months of continuous service
shall be granted sick leave with pay according to the amount of
sick leave allowance accrued at time of sickness.
(b) When it is necessary for an employee who has completed six (6)
months of continuous service to be absent from work because of
occupational illness or injury, he may be granted occupational
illness or injury leave with pay for such absence to the extent
that he has occupational illness or injury leave allowance accrued
at time of such illness or injury.
(1) Sick leave and occupational illness or injury allowances
will accrue to employees at the rate of one (1) day for each
month of continuous service.
Effective October 18, 1976 sick leave may accumulate to a
maximum at any time of one hundred and twenty (120) work
days and occupational illness or injury allowances may
accumulate to a maximum at any one time of one hundred (100)
work days. After exhausting their occupational illness or
injury leave, the employee may use their non-occupational
sick leave credits. He may not, however, use occupational
illness or injury leave for non-occupational illness or
injury under any circumstances.
(2) Re-accrual of both non-occupational sick leave and
occupational illness or injury leave will commence
immediately upon an employee's return to active service. In
the event he received workmen's compensation because of such
absence, any occupational illness or injury leave and/or
sick leave pay due for such absence will be reduced by the
amount of such workmen's compensation received. In such an
event, when he returns to work he shall have sick leave
credit and or occupational illness or injury leave credit
used in connection with such injury restored to the extent
that the amount of the compensation offsets the amount of
the sick leave pay granted. In effecting such restoration,
the following rules shall apply:
(a) In the event the employee had used occupational
illness or injury leave only, the restoration will be
made to his accrual of occupational illness or injury
leave.
(b) In the event the employee had exhausted his
occupational illness or injury leave and had also
invaded thereafter his non-occupational sick leave
accrual, the restoration will first be made to his
non-occupational sick leave accrual, up to but not
exceeding his non-occupational sick leave balance
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<PAGE>
ARTICLE 17(B)(2) (CONTINUED)
credited to him on the date of occurrence of the
occupational illness or injury, and the balance of such
restoration, if any will then be made to his occupational
illness or injury leave accrual.
(3) Occupational illness or injury leave compensation shall begin with
the first day of absence due to such injury or illness. In this
connection, the Company will for any period of disability, waive
its rights to reimbursement out of an disability award paid to an
employee.
(4) It is understood and agreed that neither sick leave nor
occupational illness or injury leave shall be granted any employee
who is injured or suffers occupational illness while in the employ
of anyone other than the Company.
(c) Employees will not be eligible for sick leave benefits during the
first six (6) months of continuous service; however, sick leave
credit will accrue during that period.
(d) Sick leave and occupational illness or injury pay shall be at the
employee's current straight time rate.
(e) After use of leave under this Article, the number of days paid for
will be charged against the allowances and one (1) day for each
month of continuous service shall again accrue to the employee
until the accumulation again reaches the maximums permitted under
paragraph (c) of this Article.
(f) The Company reserves the right to require a physician's
certificate to confirm any pay claim, except that for claims of
pay for three (3) days or less which are based on non-occupational
injury or illness, a physician's certificate may be required only
if there is good reason to believe that the intent of this Article
is being abused, and if the employee has been notified that he may
be required to furnish such certificate. Such notice to an
employee will be given prior to his returning to work from the
absence for which the certificate is requested, it being
understood that such notice may be given at any time within ninety
(90) days prior to the beginning of the absence for which the
certificate is requested.
(g) It is the responsibility of any employee absent from work because
of sickness or injury to report immediately such absence and the
reason therefor to his immediate superior, or to the officer or
person designated by the Company, and to notify the Company
promptly of any change which affects his return to work.
(h) Sick leave and occupational illness or injury allowance will
accrue during each calendar month for which an employee receives
pay for eighty-five (85) or more straight time hours, whether he
is working, is on sick leave occupational illness or injury leave
or vacation. An employee on approved time off for Union business
will accrue sick leave and occupational illness or injury
allowances during such period.
85
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<PAGE>
ARTICLE 17 (CONTINUED)
(i) (1) For absence because of death in his immediate family, an
employee shall, upon request, be granted three (3) days of
pay continuance, such days are not to be deducted from the
employee's sick leave credits. For the purpose of this
subparagraph, immediate family is defined as spouse, child,
stepchild, parent, stepparent, grandparent, brother,
stepbrother, sister and stepsister.
(2) For absences because of the death(s) of his parent-in-law,
foster parent, grandchild, brother-in-law, sister-in-law, or
ward, an employee shall, upon request, be granted a maximum
of three (3) days of pay continuance each calendar year,
these days to be deducted from the employee's sick leave
credit.
(3) For absences because of dangerous illness/injury in his
immediate family, an employee shall, upon request, be
granted a maximum of three (3) days of pay continuance each
calendar year, these days to be deducted from the employee's
sick leave credit. To qualify for pay, the absence(s) must
be at the time the danger exists. For the purposes of this
subparagraph, immediate family is defined as spouse, child,
stepchild, parent, stepparent, parent-in-law, foster parent,
grandparent, grandchild, brother, stepbrother, sister,
stepsister, brother-in-law, sister-in-law or ward. The
Company may require confirmation from the attending
physician that the illness/injury was dangerous stating the
reasons therefore.
(j) The employees covered by this Agreement, and the Union, recognize
an obligation to be truthful and honest and to prevent unnecessary
absences and other abuses of sick leave privileges.
(k) No employee will be reprimanded for the legitimate use of sick,
and/or injury leave. The Company will not maintain attendance
records on any employee in excess of two (2) years duration.
ARTICLE 18
LONGEVITY
(a) Effective August 1, 1999, all employees covered by this Agreement
will receive for each year of completed employment spent in any of
the classifications covered by this Agreement and Dining Service
Agreement, exclusive of the first three (3) years of employment,
longevity of one (1) cent per hour for each year of continuous
employment, to a maximum of fifteen (15) cents. The maximum of
fifteen (15) cents will be reached at the end of eighteen (18)
years of employment.
(b) Effective November 1, 1980, employees who receive fifteen (15)
cents or more longevity under former longevity plans will retain
their longevity and will accrue no more.
86
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<PAGE>
ARTICLE 18 (CONTINUED)
(c) Effective November 1, 1980, employees who at that time are
receiving less than fifteen (15) cents longevity will retain their
present longevity but will accrue no more until the scale in (a)
above catches up. Thereafter, they will receive longevity based on
the provisions of paragraph (a) of this Article.
(d) Longevity accrued in any classification will be retained upon
transfer or promotion to another classification. For the purpose
of computing longevity credit, only pay seniority shall be
counted.
ARTICLE 19
SHIFT PREMIUMS
(a) Employees shall be paid for afternoon and night shifts as
additional compensation over the rate paid on day shifts, for all
hours worked. Effective August 31, 1997, fifty-one ($.51*) cents
and fifty-eight ($.58*) cents per hour, respectively. This premium
shall be considered a part of the base rate for the purposes of
pay computations.
(b) Any shift starting at 11:00 a.m. or later and before 5:00 p.m.
shall be considered an afternoon shift; and any shift starting at
5:00 p.m. or later and before 6:00 a.m. shall be considered a
night shift.
(c) The Company and the Union may, at any point, change from fixed to
rotating shifts, or vice-versa, by mutual agreement.
(d) The Company may establish relief schedules which require employees
to work on different shifts for the purpose of providing:
(1) Day Off Relief:
Day off relief assignments shall be bid from within a
seniority grouping and filled by classification seniority.
(2) Vacation Relief:
(a) In establishing Vacation Relief schedules, the
Vacation Relief employee shall have two (2)
consecutive days off each week (48 consecutive hours
off duty) with the exception of a Sunday/Monday day
off pattern as provided for in Article 7(b).
(b) Vacation Relief assignments shall be bid from within a
seniority group and filled by classification seniority
as soon after December 10 of each year as practicable.
Thereafter, when the vacation liability increases the
Company
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<PAGE>
ARTICLE 19(D)(2)(B) (CONTINUED)
may rebid vacation relief to add to the existing
vacation relief pool. An employee(s) named a
successful bidder(s) to the initial vacation relief
bid in December will receive the premium pay for the
entire year. Employees on vacation relief as a result
of subsequent bids will receive the premium only
during the time they are in the Vacation Relief
position(s). Afterwards the additional Vacation Relief
employees will return to their respective shift and
days off seniority permitting. At no time will the
Vacation Relief pool fall below is original allotment.
Employees will be allowed to refuse a Vacation Relief
bid at the time it is awarded. However, such employee
will not be permitted to bid for a different shift
and/or day off assignment for six (6) months after
such refusal.
During the vacation year, if Vacation Relief
assignments are vacated because an employee is
reduced, furloughed or accepts a bid, the opening(s)
shall be awarded from bids on file from within a
seniority grouping and filled by classification
seniority and, if there are no bids on file, by
inverse order of seniority within the vacation group.
(c) An employee on Vacation Relief shall have a home shift
and days off within his seniority grouping determined
by his classification seniority, which shall apply
when he is not relieving a vacationing employees.
(d) Vacation Relief assignments will consist of lines of
time constructed to provide coverage for vacationing
employees. The lines of time will be constructed based
upon the aggregate number of openings created by
vacationing employees.
(e) In the event there is more than one Vacation Relief
assignment in a seniority grouping, the assignment of
lines of time referenced in (d) above shall be
determined by the classification seniority of those
Vacation Relief employees who are not then relieving a
vacationing employee.
(f) Vacation relief employees in a basic classification
may be used to fill an opening created by a Crew Chief
on vacation only when a Crew Chief Vacation Relief
position is not utilized (bid). Temporary Crew Chief
assignments made to provide coverage for the Crew
Chief on vacation shall be in accordance with Article
10(c).
(g) Vacation Relief employees in Crew Chief classification
may not be used to provide Vacation Relief coverage
for employees in a basic classification.
(h) Vacation Relief employees may not be used to relieve
for other than vacations.
(i) Day Off Relief employees may not be used to provide
Vacation Relief.
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<PAGE>
ARTICLE 19(D)(2) (CONTINUED)
(j) An employee on Vacation Relief shall not be assigned
to any other relief position or temporary vacancy,
unless his seniority so requires.
(k) Vacation Relief employee shall not have less than
seven and one-half (7-1/2) hours between quitting time
of his shift and starting time of his next shift as
provided for in Article 8(c).
(l) A Vacation Relief employee will receive sixty-one
(61<F*>) cents per hour above the day shift rate for
all shifts worked.
(3) Except as provided in Article 2(c), a rotating relief
employee(s) shall not perform work out of his
classification. The rotating relief shall have two (2)
consecutive days off each week (48 consecutive hours off
duty). The rotating relief may work on not more than two
shifts (shift start times) in any work week and may rotate
between or within shifts twice per work week. An employee on
a relief schedule who does not rotate between shifts during
his work week shall be paid shift premiums in keeping with
paragraphs (a) and (b) of this Article, as applicable,
except that an employee on a relief schedule who is
scheduled to work different shifts within the day shift,
afternoon shift or night shift shall receive forty-six
(46<F*>) cents per hour, fifty-three (53<F*>) cents per
hour, or sixty (60<F*>) cents per hour, respectively for all
shifts worked. An employee on a relief schedule who is
scheduled to work on the day and afternoon shifts during a
workweek will receive fifty-six (56<F*>) cents per hour
above the day shift rate for all shifts worked. An employee
on a relief schedule who is scheduled to work on the (1)
afternoon and night shifts or (2) day and night shifts
during a work week, will receive sixty-one (61<F*>) cents
per hour above the day shift rate for all shifts worked. The
above shift premiums shall become effective the first of the
month after date of signing. This premium shall be
considered a part of the base rate for pay computation.
<F*>Rate adjustments are determined by System Board of
Adjustment award dated April 16, 1997, as follows: (57),
(43), (50), (57), (53), (58).
ARTICLE 20
BENEFITS
Except as specifically amended hereunder, all provisions of the Summary
Plan Description and Article 20 of the agreement dated September 1, 1994
except as amended by the provisions of the following group benefits,
shall remain in full force and effect:
(a) The Group Medical and Dental Benefit Plan administered by the
Company authorized third party administrator, as described in the
"A World of Benefits From TWA Universal Benefit Plan" Summary Plan
Description dated September, 1997, shall be amended as follows:
(1) The In-Network deductible under the Universal Medical Plan
shall be $200 per family.
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<PAGE>
ARTICLE 20 (CONTINUED)
(2) Covered Expenses under the Medical Plan shall include in-
hospital expenses incurred for newborn children.
(3) Preventive Health Care Benefits
Effective 8/1/1999, Pap smears, mammograms,
proctosigmoidoscopys and PSA tests will be a covered expense
eligible for submission every calendar year.
(4) Home Health Care Benefits
In-Network, the Medical Plan shall pay 90% of expenses for
up to 60 home health care visits per calendar year, after
$50 of the $200 deductible has been satisfied. Out-of-
Network, the Medical Plan shall pay 70% of expenses for up
to 60 home health care visits per calendar year, after the
full deductible has been satisfied.
(5) Hospice Care Benefits
The Medical Plan shall pay 80% of hospice care expenses,
incurred in a hospice care facility or at home, after the
$200 annual deductible has been satisfied, up to a maximum
lifetime benefit of $10,000 per individual.
(6) Dental Plan Benefits
The Group Dental Plan effective October 1, 1999 includes a
Preferred Provider Organization (PPO) which provides three
(3) levels of comprehensive benefits based upon whether the
service is obtained through the PPO network (In-Network),
outside the PPO network (Out-of-Network), or through a
voluntarily elected Dental Health Maintenance Organization
(DHMO). Employees who live in areas where no PPO network is
available are paid in accordance with the In-Network
benefits. In-Network shall be defined as at least two (2)
general practitioners within a ten (10) mile radius.
Features of the Group Dental Plan are as follows:
DENTAL HMO
---------------------------------------------------------------------
DENTAL SERVICE BENEFITS PAYABLE DEDUCTIBLE MAXIMUM
---------------------------------------------------------------------
Class I<F*> 100% of network fees None None
---------------------------------------------------------------------
Class II<F*> 90% of network fees None None
---------------------------------------------------------------------
Class III<F*> 80% of network fees None None
---------------------------------------------------------------------
Class IV<F*> 60% of network fees None None
---------------------------------------------------------------------
90
<PAGE>
<PAGE>
<TABLE>
IN-NETWORK (PPO)
<CAPTION>
-----------------------------------------------------------------------------------------------
DENTAL SERVICE BENEFITS PAYABLE DEDUCTIBLE MAXIMUM
-----------------------------------------------------------------------------------------------
<S> <C> <C> <C>
Class I (Preventive) 100% of None $3000 per calendar
(Oral Exams) network fees year per member
inclusive of Class I,
(X-rays) II, III
-----------------------------------------------------------------------------------------------
Class II 90% of network $100 per calendar $3000 per calendar
(Minor Restorative) fees year per member year per member
(Periodontal) inclusive of Class II inclusive of Class I,
(Fillings) and III II, III
(Root Canals)
-----------------------------------------------------------------------------------------------
Class III 60% of network $100 per calendar $3000 per calendar
(Major Restorative) fees year per member year per member
(Crowns) (Bridges) inclusive of Class II inclusive of Class I,
(Dentures) and III II, III
-----------------------------------------------------------------------------------------------
Class IV 50% of network $100 per member $1500 per member for
(Orthodontics) fees for life life
-----------------------------------------------------------------------------------------------
<CAPTION>
OUT-OF-NETWORK (PPO)
-----------------------------------------------------------------------------------------------
DENTAL SERVICE BENEFITS PAYABLE DEDUCTIBLE MAXIMUM
-----------------------------------------------------------------------------------------------
<S> <C> <C> <C>
Class I (Preventive) 100% of reasonable None $500 per calendar
(Oral Exams) and customary charges year per member
(X-rays)
-----------------------------------------------------------------------------------------------
Class II 75% of reasonable None $1250 per calendar
(Minor Restorative) and customary charges year per member
(Periodontal)
(Fillings)
(Root Canals)
-----------------------------------------------------------------------------------------------
Class III 50% of reasonable $100 per calendar $1500 per calendar
(Major Restorative) and customary charges year per member year per member
(Crowns) (Bridges) inclusive of
(Dentures) Class III
-----------------------------------------------------------------------------------------------
Class IV 50% of reasonable $100 per member 1500 per member
(Orthodontics) and customary charges for life for life
-----------------------------------------------------------------------------------------------
<FN>
<F*>Classes for DHMO same as for PPO
</TABLE>
91
<PAGE>
<PAGE>
ARTICLE 20 (CONTINUED)
(7) Acute Care Prescription Drug Program
There shall be no deductible. All drug prescriptions will
be submitted through the Inteq Drug Plan. (Acute or Mail
Order).
(8) Medical Plan Prescription Drug Benefits
The Plan will pay based on hospital affiliation for
prescription drug expenses, after the applicable family
deductible has been satisfied, for drugs administered in a
hospital facility. Employees who live in an area where
there is a pharmacy, but there is no INTEQ network pharmacy
available, will submit their prescription drug claims for
reimbursement through their third party company authorized
administrator for medical claims.
(9) Chiropractic Care Benefits
Chiropractic benefits will be paid subject to reasonable and
customary charges with no deductible and will be limited to
20 visits per member per year. These visits are not subject
to medical necessity.
(b) The existing Employee Life Insurance provided by the Company to
all IAM represented employees shall be increased by $10,000.
(c) Bomb Insurance for all IAM represented employees will be increased
to $200,000.
(d) Aviation Insurance for all IAM represented employees will be
increased to $200,000.
(e) Retiree Benefits
1. If you worked for TWA for ten (10) or more years and retire
on or before age sixty-five (65) under the IAM Retirement
Plan, your Life Insurance but not more than $20,000, will be
continued for the first year after you retire. Then on each
anniversary of your retirement, this amount will be reduced
by $2,000 until $10,000 is reached.
2. Effective August 1, 1999, any future retirees will be
subject to all negotiated changes affecting active IAM
represented employees.
3. Effective October 1, 1999, a new Post-65 PPO Medical Plan,
administered by a Company authorized Third Party
Administrator will be made available to TWA retirees. The
current 65 Plus enrollees will be given the option of
converting to the new Post-65 PPO Medical Plan or
remaining under the
92
<PAGE>
<PAGE>
ARTICLE 20 (CONTINUED)
old 65 Plus Plan. All future retirees will only be eligible
for the new Post-65 PPO Medical Plan.
The Post-65 PPO Medical Plan premiums will be $45.05 per
month per member for the duration of the Collective
Bargaining Agreement.
Provisions of this Post-65 PPO Medical Plan are:
------------------------------------------------------------------------
Post-65 PPO Medical Plan
------------------------------------------------------------------------
In-Network Out-of-Network
------------------------------------------------------------------------
Annual Deductible $750 $1,000
$1,500 $2,000
------------------------------------------------------------------------
Hospital Coverage 90% 80% after deductible
after deductible and $200 per
confinement
------------------------------------------------------------------------
Coinsurance 90% 80%
Scheduled/Units after deductible after deductible
------------------------------------------------------------------------
Out-of-Pocket Maximum $2,000 $3,000
$4,000 $6,000
------------------------------------------------------------------------
Doctor Office 90% 80%
Visit after deductible after deductible
------------------------------------------------------------------------
Prescription Brand 80% Brand 80%
Generic 90% Generic 90%
------------------------------------------------------------------------
Plan Maximum $1,000,000 per insured
------------------------------------------------------------------------
(f) Additional Life Program
The existing Voluntary Additional Life Insurance for IAM
represented employees will be replaced by a new program described
below. The key provisions are:
(1) Guaranteed issue upon portability when terminating or
retiring from TWA;
(2) Guaranteed issue up to plan maximum or $150,000 whichever is
lower for new enrollees;
(3) Guaranteed rates for three years;
93
<PAGE>
<PAGE>
ARTICLE 20 (CONTINUED)
(4) Rates shall remain fixed upon portability at retirement;
(5) An additional Life Insurance program will be made available
for spouses and children of active employees that will
include limited portability.
Provisions of Additional Life Program at Portability
--------------------------------------------------------
Employee Rates
--------------------------------------------------------
(Rate / $1000 of Covered Age Rate
Payroll) Volume - # --- ----
< 30 0.10
30-34 0.15
35-39 0.20
40-44 0.25
45-49 0.40
50-54 0.70
55-59 1.10
60+ 2.10
--------------------------------------------------------
(g) Tool Box Insurance
The Company will make available, at no cost to Crew Chief Flight
Simulator Technicians, Flight Simulator Technicians, Crew Chief
Mechanics and Mechanics, these maximum insurance coverages against
loss by fire or theft of the following items owned by the employee
while such is on Company premises for use in connection with the
employee's work, and while in transit to or while being used in
connection with a field service assignment. A new hire inventory
will be required within thirty (30) days of hire.
(1) For the loss of the entire contents of
a Tool Box $2,000
(2) For the loss of the entire contents of a
Top Tray of a Tool Box $ 750
(3) For the loss of the entire contents of a
Tote Type Tool box $ 500
Losses will be settled by the insurance company directly with the
employee who will bear the first $50 of any loss.
94
<PAGE>
<PAGE>
ARTICLE 21
WAGE RULES
(a) The minimum hourly rates set forth in Schedule A attached hereto
and made a part of this Agreement shall prevail on and after the
dates indicated thereon.
(1) Effective November 1, 1978, all employees in the Mechanic or
higher classifications assigned to Aircraft Maintenance at
Line Service Stations or to Line Maintenance crews at the
Overhaul Base shall receive a premium of ten (10) cents per
hour in addition to their base pay. All employees in the
classifications below Mechanic assigned to the servicing of
aircraft (thru flights, terminating flights, originating
flights, charter flights, air freight flights, training
flights, etc.) shall receive a premium of ten (10) cents per
hour in addition to their base pay. This premium for pay
purposes shall be computed as a part of the basic hourly
wage rate. If an employee is assigned to line aircraft
maintenance for less than four (4) hours in a workday, he
shall not be entitled to the line differential. If the
employee is assigned to line aircraft maintenance for four
(4) hours or more in a workday, he shall be paid the line
differential for the entire shift, if worked.
(b) No employee shall suffer any reduction in hourly rate or
classification as a result of this Agreement, and nothing in this
Agreement shall be construed to prevent increases in individual
rates or classifications over and above the minimum specified.
This shall not be construed to prevent force reductions, demotions
for cause, or other changes in classification and rate allowed in
the Agreement.
(c) Employees shall be paid bi-weekly, every other Friday, except
where applicable laws provide a more frequent paying-off
condition.
(d) Should the regular pay day fall on a holiday or on days when the
department or point is closed down, employees will be paid on the
preceding day.
(e) Where there is a shortage equal to one-half a day's pay or more in
the pay of an employee, the employee will be reimbursed for such
shortage as soon as possible.
(f) Pay checks will include an itemized statement of all hours, wages,
adjustment, and deductions for the pay period.
(g) Employees leaving the service of the Company will be paid for all
time due upon request at the earliest possible time after
separation and in compliance with State Law.
(h) Automatic changes in pay rate will be effective on the nearest
date commencing a regular pay period.
(i) An employee absent during his normal working day for the purpose
of serving as a juror shall be entitled to his regular pay less
any fee received for such service. An employee receiving summons
shall notify his supervisor immediately, and shall
95
<PAGE>
<PAGE>
ARTICLE 21(I) (CONTINUED)
provide his supervisor with written proof of time spent on jury
duty, with actual dates and hours of service. If an employee is
released from serving as a juror and does not receive a fee
payment, he shall be entitled to his regular pay, provided he
reports for work in accordance with the following:
(1) Day Shift Employees
Whether actually selected for jury service or not, employee
is expected to report for duty if he is released
sufficiently early in the day to permit three (3) or more
hours of work.
(2) Afternoon Shift Employees
(a) If employee serves on jury duty for a full day, he
will not be expected to work his shift on that day.
(b) If an employee is released from service by noon he
will be expected to work his shift on that day.
However, if he is scheduled to report for jury duty on
the following day, he will be released two (2) hours
before the end of his shift.
(3) Night Shift Employees
If employee is required to report for jury duty on a given
day, he will be excused from work on the shift immediately
preceding.
(j) An employee subpoenaed to serve as a trial witness shall be
entitled to his regular pay during such authorized absence and
shall report for work in accordance with the provisions of
paragraph (1), (2), or (3) of (i) above, whichever is applicable.
(k) Effective with the first payroll period commencing on or after the
following dates, employees classified as mechanics or higher who
hold and continue to hold a valid FAA mechanic certificate with an
airframe or power plant rating (each rating considered as one (1)
license) or a valid FAA General Radio-telephone operator license
will be paid for each of two licenses held at these rates per
hour. This premium shall be considered a part of the base rate for
purposes of pay computation. Any employee who, as of October 31,
1981, possesses a First Class Radio-telephone license and renews
that First Class license as a General Radio-telephone license will
continue to receive two license premiums for the General Radio-
telephone license. This premium will be considered as part of the
base rate for purposes of pay computation.
Current 8/1/99 8/1/00
First License $ .71 $1.00 $1.50
Second License .71 1.00 1.50
----- ----- -----
$1.42 $2.00 $3.00
96
<PAGE>
<PAGE>
ARTICLE 21(K) (CONTINUED)
(l) (1) Effective September 1, 1980, all employees shall receive one
(1) cent per hour with a maximum of seventeen (17) cents for
each .3 rise in the Consumer Price Index for Urban Wage and
Clerical Workers (CPI-W) published by the Bureau of Labor
Statistics based upon a comparison of the Index for the
months of December 1979 and August 1980.
(2) Effective September 1, 1981, all employees shall receive one
(1) cent per hour with a maximum of eighteen (18) cents for
each .3 rise in the Consumer Price Index for Urban Wage and
Clerical Workers (CPI-W) published by the Bureau of Labor
Statistics based upon a comparison of the Index for the
months of December 1980 and August 1981. The cost of living
adjustment shall, for pay purposes, be computed as part of
the basic hourly wage rate.
(m) Time off with pay (one day limit with exception for second day
when evidence is submitted showing employee has been held over by
induction center) for a military pre-induction physical exam which
is scheduled on the employee's work day shall be granted by the
Company.
(n) Effective August 1, 2000 employees in the Mechanic and above
classifications will receive a skill pay premium of $1.00 per
hour.
ARTICLE 22
APPRENTICESHIP PROGRAM
Within thirty (30) days after the signing of this Agreement the Company
and the Union will meet to discuss and to endeavor to agree upon the
establishment of an apprenticeship program and such program as they
mutually agree upon will be established. No apprentice mechanics will be
employed by the Company until such a program is established.
ARTICLE 23
GENERAL AND MISCELLANEOUS
(a) Employees who have grown old in the service of the Company and
become unable to follow their regular work to advantage shall be
given preference of such light work as they are able to handle in
their work classification.
(b) Complete service files shall be maintained for all employees by
the Company. In the event of disciplinary action up to and
including discharge, the service file will, upon request, be made
available to the employee and/or his District 142 representative
(President-General Chairman or General Chairman) for review and
inspection.
An employee and his Local Union Representative will receive a copy
of any record in the employee's file which may be construed as a
criticism or reprimand of the employee. Any record placed in the
employee's file as a criticism or reprimand shall be removed from
the file after a two (2) year period from the date of issuance.
97
<PAGE>
<PAGE>
ARTICLE 23 (CONTINUED)
(c) Any employee leaving the service of the Company will, upon request
to the appropriate Regional Manager Employee Relations, be
furnished with a letter setting forth the individual's
qualifications and length of service.
(d) In the event new equipment is put into service or existing
equipment is technologically upgraded, affected employees shall be
given every opportunity to become familiar with the new or
upgraded equipment without change of classification or rate.
(e) Except in the servicing of flights, no work shall be performed out
of doors during inclement weather when shelter is reasonably
available.
(f) All orders or notices to an employee under this Agreement,
involving a change in station assignment, promotion, demotion.
furlough, and leave of absence shall be given in writing.
(g) Foremen, Assistant Foremen, and higher ranking officials of the
Company shall not be permitted to perform work on any hourly rated
job covered by this Agreement except in emergencies or instruction
or training of employees. It is agreed that the servicing of late
flights where qualified personnel are not available, and the
performance of necessary work caused by unusual circumstances at
line service stations in order to maintain flight schedules, or
the protection of Company property against the elements may be
considered an emergency.
(h) Bulletin boards will be provided by the Company in the vicinity of
each locker or dressing room assigned to employees or at locations
mutually agreed upon, marked "International Association of
Machinists", for posting notices restricted to:
1. Notices of Union recreational and social affairs.
2. Notices of Union Elections.
3. Notices of Union appointments and results of Union
elections.
4. Notices of Union meetings.
5. Official Union business of District Lodge 142.
There shall be no general distribution or posting by employees
of advertising or political matter or of any kind of literature
upon the Company's property.
(i) The Company shall provide each employee covered by this Agreement
with a copy of the Agreement printed in a union shop and bound in
a convenient pocket size booklet.
(j) The Company will not lock out any employee covered hereby and the
Union will not authorize or take part in any work stoppage,
strike, or picketing of Company premises during the life of this
Agreement, until the procedures for settling disputes involving
employees covered by this Agreement and as provided by the Railway
Labor Act have been exhausted. The Company reserves the right to
discipline.
98
<PAGE>
<PAGE>
ARTICLE 23(J) (CONTINUED)
including discharge of any employee taking part in any violation
of this provision of the Agreement.
Notwithstanding the foregoing, the Company will not require any
employees covered hereunder to cross the picket line of Company
employees who are engaged in a lawful strike under the Railway
Labor Act. The individual or concerted refusal to cross such
picket lines shall not constitute grounds for discipline or
discharge or be considered a violation of this agreement.
(k) No employee covered by this Agreement shall during working hours,
engage in solicitation of membership for any Union, collection of
dues, or other Union activity not provided for in this Agreement.
(l) The Company may designate any employee covered by this Agreement
who is in the guard or higher classification to relieve guards
during lunch and rest periods.
(m) In the event free parking facilities are not available for
employees working at airport locations, the Company will assume
the monthly parking charge up to a maximum of seven dollars
($7.00) per month assessed by the appropriate authority for
parking in an area designated for employees. This provision does
not apply to original or replacement charges to employees for
parking decals, stickers, gate keys, or similar items.
(n) The Company and the Union recognize the need for the District and
Local Lodge(s) designated representatives to be off work
periodically to handle official business of the Union. (The
identity of the representatives shall be supplied in advance to
the Company.) In recognition thereof the Company shall grant
approved time off without pay for this purpose provided that
sufficient advance notification has been given to the Company.
ARTICLE 24
SAVING CLAUSE
Should any part or provision of this Agreement be rendered invalid by
reason of any existing or subsequently enacted legislation, such
invalidation of any part or provision of this Agreement shall not
invalidate the remaining portions thereof, and they shall remain in full
force and effect.
ARTICLE 25
GEOGRAPHICAL SCOPE OF AGREEMENT
(a) This Agreement shall not apply to personnel based outside of the
United States, its territories and possessions, within the
jurisdiction of the Railway Labor Act, as amended, except as set
forth in this Article.
99
<PAGE>
<PAGE>
ARTICLE 25 (CONTINUED)
(b) An employee who has completed his probationary period under this
Agreement and is subsequently sent abroad will retain and continue
to accrue seniority provided the work performed during such
overseas assignment is the same as that described in the job
descriptions set forth under Article 4 of this Agreement. The
seniority of all other employees on overseas assignment shall be
governed by the provisions of Article 6(f)(19)(a).
(c) Employees hired in the United States for Overseas assignments
shall not be covered by the terms of this Agreement and shall not
accrue seniority.
(d) Employees returning from overseas assignment whose seniority will
not permit them to return to the classification at the point from
which they transferred overseas shall be furloughed.
Such an employee, while still overseas will notify the Company at
least twenty(20) days prior to the date of his return of his
intention to exercise his seniority at the point from which he
transferred overseas. Thereafter, in accordance with Article 6
(f)(10), the Company will give the employee ten (10) work days
notice, or pay therefor, at the Company's option informing him
that upon his return he will be reduced at the point from which he
transferred overseas and that he has the following options:
(1) Return to his prior domestic location and take furlough.
(2) Exercise his 6(e)(4) system displacement rights.
(3) Report back to his prior domestic location and be officially
furloughed at that time.
If the employee elects option 2 above, he must advise the Company
in writing within three days of the points to which he wishes to
system displace. The Company will advise the employee to report
directly to the displacing location upon his return.
If the employee elects option 3 above, upon his return to his
prior domestic location he will be given a furlough letter and,
should he at that time elect system displacement, will be off
without pay until such a displacement can be worked.
(e) Selection of employees covered by this Agreement for overseas
assignment shall be made in a fair and uniform manner, with due
regard for seniority and qualifications, and notices of openings
and the names of the employees selected shall be posted on a
system wide basis. Such selection shall not be subject to the
procedures contained in Article 10, 11 and 12, provided, however
that in the event of a dispute concerning such selection the
President-General Chairman, District 142, may advise the Company's
Director - Labor Relations, Ground, and the parties shall meet
promptly to discuss the matter and review the action which
occurred.
(f) It shall be the responsibility, of the Company to notify employees
in writing of their seniority status prior to being accepted for
overseas assignment or of any change in assignment thereafter
affecting the employee's seniority. Copies of the aforementioned
100
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<PAGE>
ARTICLE 25(F) (CONTINUED)
notices will be furnished to the Union's President-General
Chairman and the affected Local Committee Chairman and Financial
Secretary.
ARTICLE 26
UNION SECURITY
(a) Each employee now or hereafter employed in any, classification
covered by this Agreement shall, as a condition of continued
employment, within sixty (60) days following the beginning of such
employment or the effective date of this Article, whichever is
later, become a member of, and thereafter maintain membership in
good standing in the Union except as provided otherwise herein.
Such condition shall not apply with respect to any employee to
whom such membership is not available upon the same terms and
conditions as are generally applicable to any other member of his
classification (and at his point on the Company's system), or with
respect to any employee to whom membership is denied or terminated
for any reason other than the failure of the employee to tender
his initiation, reinstatement, assessments, or dues uniformly
required of other members of his classification (and at his point
on the Company's system), as a condition of acquiring or retaining
membership.
The condition of payment shall be met if the amount due is
tendered to the Local Lodge Financial Secretary of the Union in
person or is mailed to him within the prescribed time limits or if
the employee has executed a valid assignment and authorization for
check-off of Union initiation, reinstatement, assessments and
dues.
For the purpose of this Article, "membership in good standing in
the Union" shall consist of the payment by the employee not later
than the last day of the following calendar month, of dues for
each calendar month, initiation, reinstatement, fees and
assessments (not including fines and penalties), which are
uniformly required of members of his classification (and at his
point on the Company's system) as a condition of acquiring or
retaining membership; provided however, that the time limits
prescribed in the preceding portion of this sentence shall not
apply to employees beginning employment in work covered by this
Agreement who shall, instead, be required to fulfill the
requirements of "membership in good standing" within the sixty
(60) day period following the beginning of such employment.
Employees on leave of absence, including sick leave, must maintain
membership in good standing in the Union.
(b) Any employee who has not held membership in good standing with the
Union at an time on or after the applicable date shown for his
present classification and who was in the employ of the Company
previous to such applicable date shall not be required, as a
condition of continued employment, to become a member of the
Union. However, any such employee who subsequent to the effective
date of this Article and during the term of this Agreement joins
the Union, must thereafter maintain his membership in the Union.
This paragraph is applicable to the following classifications on
the following dates:
101
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<PAGE>
ARTICLE 26(B) (CONTINUED)
Classifications except janitor and
Crew Chief janitor in Group #1 November 20, 1945
Crew Chief janitor and janitor April 5, 1948
Groups #2, #3 and #4 May 15, 1946
Group #5 September 23, 1949
Guards May 22, 1946
The classifications referred to above appear in
Article 6 of the mechanic and related employees
agreement dated August 25, 1966, and the guards
agreement dated August 25, 1966.
(c) Notwithstanding any other provisions contained in this Agreement,
if any person is transferred or promoted to a position in which he
is not covered by this Agreement, the provisions of the Union
Security Agreement shall become inoperative as to him.
However, this provision shall not apply to employees who retain
and accrue seniority in accordance with the first sentence of
Article 25(b).
(d) (1) Persons on military leave holding seniority under this
Agreement shall not be required to maintain good standing in
the Union. However, when the employee returns to a position
covered by this Agreement, he will assume his obligation to
the Union and maintain good standing in the Union as if he
had been continuously employed in such position from the
effective date of this Article.
(2) When a person holding seniority under this Agreement returns
from a position in which he was not covered by the
Agreement, he will assume his obligation to the Union within
seven (7) calendar days after return in the same manner, as
if he had been continuously employed in such position from
the effective date of this Article.
(e) When an employee begins employment or loses his good standing
membership in the Union because of failure to pay dues and
initiation, reinstatement fees and assessments, the following
procedure shall be observed:
(1) The Local Financial Secretary of the Union for the
particular location involved shall notify the employee by
registered or certified letter, return receipt requested,
with copies to the President-General Chairman. District 142
IAM, 400 N.E. 32nd Street, Kansas City, Missouri 64116 and
the Company's Director - Labor Relations, Ground, that the
employee is delinquent in the payment of dues, initiation or
reinstatement fees and assessment as specified herein and
accordingly is subject to discharge as an employee of the
Company. Such letter shall also notify the employee that he
must make the required payment to the Financial Secretary of
the Union's local lodge with jurisdiction at the location
102
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<PAGE>
ARTICLE 26(E) (1) (CONTINUED)
where he works within fifteen (15) calendar days within date
of mailing of the notice or agreement. If the employee does
not keep both the Company and Union informed as to his
correct mailing address, no extension of time set forth
above shall be granted.
(2) Upon expiration of the fifteen (15) day period following the
mailing of the notice set forth above, if the employee still
remains delinquent, the President-General Chairman of the
Union may certify in writing to the Company's Director -
Labor Relations, Ground, that the employee has failed to
make the required payment within the fifteen (15) day grace
period and is, therefore, to be discharged.
(3) Within seven (7) days after receipt by the Company of the
certified letter set forth in (2) above that the employee is
to be discharged the Company shall discharge the employee
from its service for failure to pay or tender dues,
reinstatement or initiation fees or assessments under this
Article.
(f) If the employee discharged or to be discharged under this Article
contends that he is not properly subject to discharge under the
terms of this Article, he may protest such action to the TWA-IAM
System Board of Adjustment provided that such protest in writing
is mailed within seven (7) days after the employee is notified of
such action. This protest shall be submitted in duplicate to the
TWA-IAM System Board of Adjustment, with one copy mailed to the
Director - Labor Relations, Ground, TWA, and the other copy mailed
to the President-General Chairman, IAMAW, 400 N.E. 32nd Street,
Kansas City, Missouri 64116. Both copies shall be sent by
registered or certified mail return receipt requested. The last
date of receipt of such written protest by the Board shall be
considered the date of receipt. In the event no protest is to be
filed within the above time limits, the action will be considered
as proper and will be final and binding on all parties concerned.
For the purposes of this paragraph (f) only, the System Board of
Adjustment and procedures before the Board shall be as follows:
The System Board of Adjustment shall consist of three (3) members,
one (1) appointed by the Company, one (1) appointed by the Union,
and a neutral member selected jointly by the Union and the
Company. Even, reasonable effort shall be made by the parties to
secure the neutral from the Kansas City Area to assure, as nearly
as possible, prompt handling of each protest. The neutral member
shall serve as Chairman of the Board. The Board shall have
jurisdiction over all protests properly filed under this
provision. Within five (5) days of receipt of request for such
meeting the Board shall establish the date of hearing. When the
protesting employee is employed at a point other than the Kansas
City Area, the hearing date shall not be earlier than ten (10)
days following the date of the request for meeting. When the
protesting employee is employed within the Kansas City
Metropolitan Area, such meeting shall not be earlier than seven
(7) days following the request for meeting. Unless otherwise
agreed by the Company and the Union, all meetings of the Board
will be at Kansas City, Missouri. The protesting employee shall be
advised in writing of the date and time of the meeting. At the
meeting of the Board a representative of the Company, a
representative of the Union,
103
<PAGE>
<PAGE>
ARTICLE 26(F) (CONTINUED)
and the employee and/or his designated representative will be
allowed to present to the Board all evidence and argument which is
pertinent to the issue. A majority decision of the Board will be
issued within five (5) days after the meeting and will be final
and binding upon all parties concerned. The expenses and
reasonable compensation of the neutral shall be borne equally by
the parties.
The provisions of Article 11 shall not apply to disputes arising
under this Article, and the provisions of Article 12 shall apply
to such disputes except as they are superseded by the above
provisions relating to procedures for handling disputes.
The effective date of an employee's discharge under this Article
will be held in abeyance during the time that a dispute is
unsettled as to whether or not the individual is properly subject
to discharge under this Article. If a decision is made that the
employee is properly subject to discharge, the discharge shall be
effected the day following the issuance of the decision. In the
event a reduction in force occurs during such time as an
employee's status is under protest under the provisions of this
Article, such employee will be considered as having seniority
under this Agreement for purposes of effecting the reduction.
(g) Time limits specified in this Article may be extended in
individual cases only, and then only by written agreement between
the Company and the Union.
(h) An employee discharged under the provisions of this Article shall
be deemed to have been "discharged for just cause" within the
meaning of the terms of the Agreement.
(i) All letters and notices provided for by this Article shall be sent
by registered or certified mail, return receipt requested. Such
letters and notices or copies sent to the Union shall be addressed
to the President-General Chairman of the Union at 400 N.E. 32nd
Street, Kansas City, Missouri 64116, while those sent to the
Company shall be directed to the Company's Director - Labor
Relations, Ground.
(j) Nothing in this Article shall require the Company to terminate the
employment of any employee until the services of a qualified
replacement are available; except that the provisions of this
paragraph will not permit the Company to retain an employee in its
employment in excess of ninety (90) days from the date of the
Union's original notice given pursuant to paragraph (e),
Subsection (1) of this Article.
(k) When an employee is discharged or resigns, he will be considered
as a new employee for purposes of this Article if he returns, at a
later date, to pay status under this Agreement.
(l) Both the Union and the Company, or either of them, shall have the
right at any time, to notify individual employees directly of any
provisions of this Agreement. The Local Union Committee shall be
notified of group orientation sessions for newly hired bargaining
unit members and a member of the Committee shall be afforded an
opportunity to meet with such employees during such sessions.
104
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<PAGE>
ARTICLE 26 (CONTINUED)
(m) When employees are hired, returned from leave of absence
(including medical), recalled after layoff, or transferred into
classifications covered by this Agreement, the Company will
furnish once each month to District 142, IAMAW, the names,
classification, point of employment and payroll register number of
such employees. In addition, at the time employees are hired or
transferred into classifications covered by this Agreement or
otherwise beginning employment under this Agreement, the Company
will present to them and request them to complete the following
notice:
TRANS WORLD AIRLINES
UNION REPRESENTATION NOTICE
Name
-------------------------------------------------------------------
Position
---------------------------------------------------------------
Location
---------------------------------------------------------------
Date Employed
----------------------------------------------------------
The position for which you are being employed is represented by the
International Association of Machinists. The current Agreement requires
that you must become a member of the Union within sixty (60) days from
the date of employment and maintain such membership in good standing to
continue employment in classifications covered by that Agreement. It is
also required that you keep both the Union and the Company advised of
any change in your address. You should study the Agreement in order to
be familiar with all of its provisions. You will be introduced to your
shop steward.
Signed, Co. Rep.
-------------------------------------------------------
Location Date
------------------------------------ -----------------
I understand that this notification serves to advise me regarding
the requirement for Union membership and representation for the
position in which I am to be employed. I also understand that
application for membership is my responsibility.
Employee's Signature Date
------------------- ----------------------
Street Address
-----------------------------------------------
City State
------------------------- --------------------------
White - Personnel File
Distribution Pink - Employee
Buff - Local Lodge Fin. Secy.
Form No. US-1
The Company will then provide one copy of such completed notice to
the employee, one to the Local Lodge Financial Secretary and one
for the Personnel File. In
105
<PAGE>
<PAGE>
ARTICLE 26(M) (CONTINUED)
addition, the Company will furnish to the local Union and District
142, IAMAW, the names, present and previous classification, point
of employment and payroll register number of all employees who may
transfer out of classifications covered by this Agreement; in
addition, the Company will furnish to the Union the names,
location, payroll register number and status of employees covered
by this Agreement, who terminate their payroll status for any
reason, such listings will be furnished twice each month.
(n) During the life of this Agreement, the Company will deduct from
the pay of each member of the Union and remit to the Union
monthly, membership dues, INITIATION OR REINSTATEMENT FEES, AND
ASSESSMENTS uniformly levied in accordance with the Railway Labor
Act, as amended, and the constitution and by-laws of the Union,
provided such member of the Union voluntarily executes the agreed
form, which is hereinafter included in this Agreement to be known
as "Check-off Form", which shall be prepared and furnished by the
Union. The Company will not be required to deduct monthly
membership dues, initiation or reinstatement fees or assessments
from the pay of employees covered by this Agreement unless (1) the
Company has received a check-off form and has not received a
notice of revocation thereof, and (2) the dues initiation or
reinstatement fees or assessments for the employee conforms to the
applicable rates for employees of his classification at his point
on the system.
ASSIGNMENT AND AUTHORIZATION FOR CHECKOFF OF UNION FEES AND DUES
TO: TRANS WORLD AIRLINES, INC.
I, , hereby assign to the
-------------------------------------------
(Please Print) (Name) First - Middle - Last
International Association of Machinists and Aerospace Workers:
A sum of money to cover (initiation), (reinstatement), or
(assessments) from the wages earned by me, an employee of Trans
World Airlines, Inc. which sum is to be certified by the District
Secretary-Treasurer of the Union.
I also assign a sum to be designated by the District Secretary-
Treasurer of the Union to cover standard monthly membership dues,
or such monthly membership dues as may hereinafter be established
by the Local Lodge, as dues for employees in my present or future
classification under the Agreement from any wages earned by me or
to be earned by me as an employee of Trans World Airlines, Inc.,
and I hereby authorize and direct Trans World Airlines, Inc., as
my employer to deduct that amount from my first pay period
following my sixtieth (60th) day of employment and remit the same
to the District Secretary-Treasurer of the Union.
This assignment and authorization shall continue in effect and be
irrevocable for a period of one (1) year from the date hereof, or
upon the termination date of the applicable labor agreement in
effect at the time this authorization is signed, whichever occurs
sooner. Such notice of revocation must be sent by me in duplicate
by registered mail to the District President and General Chairman
of the Union and Trans World Airlines, Inc.
106
<PAGE>
<PAGE>
ARTICLE 26(N) (CONTINUED)
This authorization and direction is made subject to the provisions
of the Railway Labor Act, as amended, and in accordance with
existing agreements between the Union and the Company.
Job Title
----------------------------------
Payroll Register Number Name of Location
-------------------- (City & State)
Hired for Employment
Signature of Employee
---------------------------------------------
Home Address
------------------------------------------------------
City State
------------------------------ --------------------------
Zip Code Date
--------------------- --------------------------------
(o) When a member of the Union property executes such check-off form,
the President-General Chairman of the Union shall forward the
original signed copy to the Manager - Payroll. A check-off form
must be completed in a legible manner or it will be returned to
the President-General Chairman of the Union for correction. Any
notice of revocation as provided for in this Article or the
Railway Labor Act, as amended, must be in writing signed by the
employee and two (2) copies delivered by registered or certified
mail. Addressed to the President-General Chairman of the Union.
Dues deductions will be continued until one (1) copy of such
notice of revocation is received by the Manager - Payroll from the
President-General Chairman of the Union. Check-off forms and
notices received by the Manager - Payroll will be stamp-dated on
the date received and will constitute notice to the Company on the
date received and not when mailed.
(p) When a check-off form as specified herein is received by the
Manager - Payroll twelve (12) days or more before the issuing date
of the first biweekly paycheck of the month or the first weekly
pay check of the month at locations where weekly checks are
issued. Deductions will commence with such paycheck and continue
thereafter until revoked or canceled as provided in this Article.
The Company will remit to the Union a check in payment of all dues
collected as soon after the payday on which deductions were made,
as practicable and within thirty (30) days. The Company remittance
of Union membership dues to the office of the District Secretary-
Treasurer of the Union will be accompanied by two (2) copies of a
list for each location which includes (1) names (alphabetically),
(2) employee register numbers, (3) location numbers, and (4)
individual amounts deducted.
(q) An employee who has executed a check-off form and who has been (1)
transferred or promoted to a job not covered by the Agreement.
(excluding transfers or promotions on a "Temporary" or "acting"
basis), (2) who has taken a leave of absence without pay, (3) who
quits or resigns from the Company, (4) who is laid off, or is (5)
otherwise terminated from the employ of the Company, shall be
deemed to have automatically
107
<PAGE>
<PAGE>
ARTICLE 26(Q) (CONTINUED)
revoked his assignment as of the date of such action and if he (1)
transfers back or returns to a job covered by the Agreement, (2)
returns from leave of absence, (3) is rehired, (4) is recalled or
(5) re-employed, further deductions of Union dues, will be made
only upon execution and receipt of another check-off form.
(r) Collection of initiation or reinstatement fees and assessments. As
well as any back dues owed at the time of starting deductions for
an employee, collection of dues missed because the employee's
earnings were not sufficient to cover the payment of dues for a
particular pay period, and collection of dues missed because of
accidental errors in the accounting procedure, will be the
responsibility of the Local Lodge Financial Secretary and will not
be the subject of payroll deduction.
It will be the Union's responsibility to verify apparent errors
with the individual Union member before the Union's District
office representative contacts the Company's Manager - Payroll.
(s) Deductions of membership dues shall be made from one (1) paycheck
each month provided there is a balance in the paycheck sufficient
to cover the amount after all other deductions authorized by the
employee or required by law have been justified. In the event of
termination of employment, there shall be no obligation of the
Company to collect dues until all such other deductions (including
money claims of the Company and the Credit Union) have been made,
and such obligation to collect dues shall not extend beyond the
pay period in which the employee's last day of work occurs.
TWA agrees that payment of dues funds shall be received by
District Lodge 142 in the Kansas City office as soon as possible
based on payroll system information but in no event later than the
twenty-fifth (25) day of the month.
(t) This Article shall be in force only so long as the Union continues
as the recognized representative of the employees under this
Agreement.
(u) The Union shall indemnify and save the Company harmless against
all forms of liability that shall arise out of or by reason of
action taken by the Company, which action was requested by the
Union under the provisions of this Article.
It is agreed that the Company will promptly notify the Union of
all claims of liability made against the Company pursuant to such
action taken by the Company, and the Company will make every
reasonable effort to defend itself against such liability.
(v) For the purpose of computing the time limits prescribed in this
Article, the term "days" shall be understood to mean calendar days
unless otherwise specified.
108
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<PAGE>
ARTICLE 27
LAYOFF PAY
(a) An employee who is laid off shall receive layoff pay as provided
in paragraph (c) of this Article, subject to the limitations and
conditions set forth herein.
(b) An employee will not be eligible for or receive layoff pay if any
of the following conditions exist:
(1) He has not completed at least one (1) year with the Company,
on pay status, in a position covered by this Agreement. For
the purpose of this paragraph (b)(1), "Pay Status" includes
all time spent in a position covered by the particular
agreement, exclusive of leaves of absence or furlough.
(2) He remains in the employ of the Company in any position.
(3) He fails to exercise his seniority which would enable him to
remain in the employ of the Company, except where such
exercise of seniority would require moving to a new point.
(4) He has been laid off as a result of an Act of God, a war
emergency, revocation of the Company's operating certificate
or certificates, or grounding of a substantial number of
Company aircraft for safety reasons.
(5) He is dismissed for cause, resigns, or retires.
(6) There is a temporary cessation of work because of a strike
or picketing.
(7) There is a temporary cessation of work because of
circumstances beyond the Company's control.
(c) (1) The amount of layoff pay due under this Article shall be
based on the length of actual straight time compensated
service with the Company under this Agreement, and shall be
computed on the basis of the employee's regular straight
time basic hourly rate at time of layoff. An employee shall
accrue layoff pay credit at the rate of two (2) weeks of
credit for the first through the second full year of
compensated service; thereafter, accrual shall be at the
rate of one (1) week credit for each additional full year of
service, to a maximum accrual of twelve (12) weeks of credit
for twelve (12) or more full years of compensated service.
For the purpose of this paragraph (c), the amount of layoff
pay will be computed upon the basis of the total number of
straight time hours of compensated service, but not to
exceed 24,960 hours. Each 2,080 hours remaining after
computing and paying the number of full weeks of layoff pay
due shall be left standing to the employee's credit pending
recall. The remaining hours shall be added to the straight
time hours of compensated service earned after recall and
used to compute weeks of layoff pay in the event of future
furlough, but the total of these hours shall not exceed
24,960.
109
<PAGE>
<PAGE>
ARTICLE 27 (CONTINUED)
Effective with the first anniversary of the ratification
date of this agreement, employees with fifteen (15) or more
full years of compensated service will accrue one additional
week of layoff pay.
(2) If an employee is involved in more than one furlough, no re-
qualification will be necessary provided such employee
completes at least one additional year of active service
with the Company under the Agreement from the date on which
the employee reported for duty upon the occasion of the
prior recall.
(d) An employee laid off shall receive layoff pay starting at time of
layoff and payments for the amount due shall be at regular pay
periods and continue until all layoff pay credit is used; except
that in no event shall any layoff pay be due after effective date
of recall by the Company in any position.
(e) The layoff allowance provided herein shall be in addition to any
or all other benefits provided under this Agreement.
110
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<PAGE>
ARTICLE 28
LETTERS AND AGREEMENTS
In addition to the letters and agreements printed in this Article, it is
understood and agreed that the following letters and agreements will
remain in effect:
(a) All local field service agreements currently in effect on the
System;
(b) Local letters, agreements, procedures and practices in effect on
the System as of January 1, 1969, regarding selection of employees
for overtime and/or holiday coverage;
(c) The following letters and agreements:
SUBJECT PAGE
Metropolitan Area Bidding Agreements 114
Lead Systems Technician 115
Aircraft Acceptance Notification 120
Aircraft Acceptance Inspectors 121
Crew Chief Supplemental Agreement 122
Crew Chief Concept Implementation 124
Crew Chief Responsibilities 125
Assistant Ramp Service 126
Inspector Designees 129
Taxiing 130
Building Maintenance and Repair Work 131
Metric Tools 132
Snow Removal 133
Two-Way Radio - Ramp Communications 134
Stores Clerk Staffing 135
Stores Coverage 136
Stores Clerks 137
Stores Clerk Overhaul Base 139
Staffing at TWTTA 140
Cargo Warehouses 141
Receipt of Air Freight 142
SFO Staffing 143
Janitorial Functions 144
Pass Issuance 145
7 Term Pass Holders 146
Pass Policy 147
Disciplinary Action 148
Investigative Reports 149
Payroll Information Records 150
Lunch Period for Guards, etc. 151
111
<PAGE>
<PAGE>
SUBJECT PAGE
Consolidation of Ground Service with Ramp Service 152
Fueling Letter for KCI and DEN 153
Attendance Hearings 154
New Contract or Lease Arrangements 156
Vacation Banking 157
401K Plan 158
Amendment to 401K Plan 159
Implementing Basic Retirement "A" Plan 160
Implementing the Retirement "B" Plan 164
Retirement Benefits Full-Time District 142
Staff IAM Grand Lodge Staff 165
Metropolitan Area Temporary Re-Assignment 167
Laid Off Employee Examinations 168
Maintenance of Security Equipment 170
Crew Chief Systems Technician Coverage 171
Maintenance Evaluation Committee 172
Overhaul Base Work Transfer Committee 173
Disability Income 175
Payroll Deductions - Political Action Fund 176
Elimination of Classification
At a Point - Moving Expenses 177
Application of Agreement at New Stations 178
Guard Staffing - JFK 179
Filling Crew Chief Openings 180
Lay-Off of Crew Chief vis-a-vis
Basic Classification 181
Receipt and Dispatch 182
Worker's Compensation Controverted Claims 183
Greasing and Oiling Ground Equipment 184
Station Staffing Review Committee 185
Emergency Overtime Procedures 186
Mechanic Examinations 187
Training Programs 188
Transitional Duty 189
Warranty - Aircraft Parts and Components 190
Metal and Machine Shop Specialties - STL 191
Recognition - IAM 192
Avionics Specialty - RE&I Combination (Mechanic,
Inspector, LST) 193
Plant Maintenance Electronics Specialty - MCI 198
Drug and Alcohol Policy 200
Labor Advisory Board 203
Collective Bargaining Agreement Supplement
(Protective Covenants) 205
Cross Utilization between Ramp Service Seniority Groups 206
Full Time Committee Staffing 207
Shift Staffing Deviation Assistant Ramp Service 208
Assistant Ramp Service and Part Time Guard Benefits 209
112
<PAGE>
<PAGE>
SUBJECT PAGE
Assistant Ramp Service and PT Guard Vacancies at a location 210
Assistant Ramp Service and PT Guard Vacancies 211
Additional Staffing Third Party Contract Work 212
Assistant Ramp Service and PT Guard Expirations 213
Meal Pickup and Delivery JFK/LAX 214
Dining Units 215
Furloughed Dining Unit Employee Currently Accruing
Seniority under M&R Agreement 216
Furlough Dining Unit Employees 217
Dining Unit Employees 218
Dining Unit Stores Clerks 219
Medical/Dental Coverage Emergency Out of Network 220
Modification of Local Overtime Agreement 221
Air Freight - SEA - ATL 222
MD 80 Landing Gear 223
757 Engine Review 224
Status of Agreement 225
Unused Sick Leave 226
Ground Equipment Field Service 227
Company Seniority Date 228
Recall Right 229
Consolidation of Fire Inspector Classification 230
Fire Inspector 231
Field Service Inspector 232
Stock Distribution Letter 233
Focus Stations 234
Regional Jets/Code Sharing 235
Chicago Air Freight 239
Back Pay Bonds 240
Covenants 242
IAM National Pension Plan 245
113
<PAGE>
<PAGE>
April 10, 1992
Mr. William O'Driscoll
President - Directing General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers 400 N.E. 32 Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This will confirm our agreement reached during negotiations that there
are currently four (4) Metropolitan Areas covered by the Mechanics and
Related Employees Agreement. These areas are: San Francisco (SFO-OAK),
Kansas City (MKC-KCI), Chicago (ORD-MDW), and New York (JFK-LGA-EWR).
Each Metropolitan Area is considered one point under this agreement. All
work at each location at the point covered by this agreement will be
performed by the appropriate classification at the point.
With the exception of New York, each location within the Metropolitan
Area is regarded as a separate station for purposes of bidding.
Accordingly, an employee bidding for one of these three (3) Metropolitan
Areas must be specific as to location desired. In the event he desires
to transfer to a Metropolitan Area, but has no specific choice of
location, he should place a bid for each location.
Under historical practice, all locations within the New York Area are
regarded as a single station. An employee bidding to the New York Area
is permitted to select his location (LGA-EWR or JFK) upon arrival at New
York, seniority permitting. At the time an employee places a bid for New
York he is not privileged to specify location within the Metropolitan
Area, but will be privileged to exercise seniority for location upon
arrival in the area.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
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LEAD SYSTEMS TECHNICIAN
The Company and the Union hereby agree to maintain the classification of
Lead Systems Technician. The following Supplemental Agreement is
intended to express the understanding of the parties with regard to such
classification.
(1) The responsibilities of a Lead Systems Technician will fall into
one of four designated specialty categories, which are: Systems-
Structures, Power Plant, Systems-Structures/Power Plant, and
Avionics (Electrical/ Electronics). Personnel selected for a given
specialty category(s) must have and maintain valid license(s) as
follows:
Systems-Structures FAA "A&P"
Power Plant FAA "A&P"
Systems-Structures/
Power Plant FAA "A&P"
Avionics (Electrical/ FCC 2nd Class Radio
Electronics) Telephone or higher
(2) (a) A Lead Systems Technician will be provided with the
necessary training to enable him to carry out his
responsibilities as referred to in paragraph (1) above in
the appropriate specialty category(s). Such training may be
conducted at his assigned location, at a manufacturer's
plant or at another location by regular TWA and/or factory
instructor.
(b) Upon selection as a Lead Systems Technician, an employee
will normally receive initial training in the amount of 120
hours of classroom training by a regular TWA Instructor
and/or factory instructor, and on-the-job training as
necessary which may initially be provided by a Specialty
Foreman and subsequently by a Lead Systems Technician in the
same specialty category. Additionally, the Lead Systems
Technician will receive training as required when:
(1) There has been a major change in the systems and or
components of the aircraft systems to which he is
assigned.
(2) After working at a location or locations where an
aircraft type or model does not operate to or through
and which will start operation to or through his
assigned location and/or when he moves to a location
to or through which a type or model of aircraft
operates on which he has not received training in the
past two (2) years.
(3) When a new model aircraft enters the service of the
Company on which he has not received previous training
and which will operate to and/or through his assigned
location.
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(4) There has been a combination of the specialty to which
he is assigned with another specialty, as mutually
agreed to by the Company and the Union.
(c) Following initial training and/or recurrent training by
regular TWA instructors and/or factory instructors on an
aircraft system or function, the Lead Systems Technician
will be required to pass written tests with passing grades
as agreed upon by the Company and the Union. In the event
that a Lead Systems Technician fails to pass a required
test, he may request that the results of his examination be
inspected by a person(s) to be designated by the President-
General Chairman of District 142.
(d) A Lead Systems Technician will be expected to stay abreast
of technical information published by the Company and
applicable to those aircraft and/or systems on which he has
received training pertaining to his specialty. Examples
would be Engineering Change Orders, Maintenance Service
Letters, Special Checks, Special Inspections and other
specifically pertinent information.
(3) All provisions of the Basic TWA-IAM Agreement (hereinafter
referred to as the Basic Agreement) will be applicable to the
classification of Lead Systems Technician, except as modified by
this Supplemental Agreement.
(4) (a) To be eligible for the position of Lead Systems Technician
an employee must: (1) currently be engaged in aircraft
maintenance work under the Basic Agreement as a Mechanic or
Crew Chief Mechanic, Inspector or Crew Chief Inspector,
Flight Simulator Technician or Crew Chief Flight Simulator
Technician, or Crew Chief Systems Technician, and must have
been engaged in such work for the past five (5) consecutive
years or more; and, (2) possess the applicable license(s)
outlined in paragraph (1) above.
(b) The senior employee(s) eligible in accordance with paragraph
(4)(a) above submitting a bid shall be required to take and
pass the applicable entrance examination(s) before being
named successful bidder. The entrance examination(s) and
passing grade(s) shall be agreed upon by the Company and the
Union. There will be separate examinations for each
specialty category referred to in paragraph (1) above.
(5) (a) Article 10(c) of the Basic Agreement shall not apply to this
Supplemental Agreement.
(b) Article 10(B)(13) of the Basic Agreement shall not apply to
this Supplemental Agreement.
(c) Article 10(a)(9) and 10(b)(5) of the Basic Agreement shall
not apply to this Supplemental Agreement and shall be
replaced, for the purpose of this Supplemental Agreement
only, by paragraph (5)(d) below:
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(d) Except as provided in paragraph (7) below, any Lead Systems
Technician vacancy(s) which is not filled locally under the
provisions of Article 10(a)(5) of the Basic Agreement will
be bulletined only at the point where the vacancy exists and
will remain on the board for fifteen (15) calendar days,
and, if not filled locally within forty-five (45) calendar
days after the bulletin is posted, the vacancy(s) will then
be filled from preference bids of employees on file from
other points as provided in Article 10(a)(5), (6), (7) and
(8) of the Basic Agreement. If not filled under the
provisions of this paragraph (5)(d) as outlined above the
vacancy would then be bulletined at all points where
employees covered by the Basic Agreement are located. Each
bulletin will state the number of jobs to be filled, the
specialty category applicable to each job, the point
(location), the date the successful bidder is expected to
report, and shall specify a final date after which bids will
not be considered. Such date shall be not less than fifteen
(15) calendar days after the bulletin is posted.
(e) Article 10(b)(14) of the Basic Agreement shall not apply to
this Supplemental Agreement.
(f) Article 10(b)(15) of the Basic Agreement shall not apply to
this Supplemental Agreement, and shall be replaced, for the
purpose of this Supplemental Agreement only, by paragraph
(5)(g) below:
(g) After an employee has been chosen to fill a job, the proper
officials of the Company shall mail to the President-General
Chairman and all shops and locations a notice to be posted
on the bulletin boards showing the name, number of openings,
location, and seniority date of the employee(s) selected to
fill the job. Such notice shall be mailed within seven (7)
calendar days after the successful bidder is selected.
(h) For the purpose of this Supplemental Agreement only the
words "ninety (90) days" as they appear in Article 10(b)(16)
of the Basic Agreement shall be replaced by the words "one
hundred and eighty (180) days."
(i) The third sentence of Article 10(b)(19)(b) of the Basic
Agreement shall not apply to this Supplemental Agreement.
For the purpose of this Supplemental Agreement only,
wherever the word "committee" is used in Article 10(b)(19)
of the Basic Agreement, such word shall be replaced by the
words "Special Technical Review Committee."
(j) The requirements referring to completion of "Mechanic's
Examination(s)" as set forth in the Basic Agreement shall
not apply to an employee promoted to Lead Systems Technician
or laterally transferring between a Lead Systems Technician
specialty category or categories. However, he will be
required to pass the applicable entrance examination(s) as
referred to in paragraph (4) of this Supplemental Agreement.
Employees reduced or bidding down will be required to meet
the license(s) and/or examinations requirement as set forth
under the Basic Agreement.
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(6) (a) Lead Systems Technicians will be selected by basic Mechanic
Seniority.
(b) The position of Lead Systems Technician shall be added to
the classifications listed in Article 6 of the Basic
Agreement.
(c) Lead Systems Technician seniority will not be used to
displace on the system except as provided in paragraph (7)
below.
(d) Article 6(f)(12) of the Basic Agreement shall not apply to
employees promoted to the Lead Systems Technician
classification, laterally transferring between the specialty
categories in such classification, reduced from such
classification, or recalled to such classification.
(7) Any change in the requirements of the service for the LSTs will be
governed by the following:
(a) When any changes in the level of LST staffing at any
location/point or in any LST specialty are contemplated, the
Company will notify the Union and the parties will mutually
agree as to whether such changes are needed. The Company
will not request such changes unreasonably and the Union
will not unreasonably withhold its agreement. If TWA
establishes an additional hub, technical service station
and/or integrates an airline acquired by merger, acquisition
or otherwise, the parties will mutually agree upon
appropriate LST staffing at these new facilities using 8(d)
below as a guide.
(b) (1) The affected LSTs may elect to relocate to the
location where additional LSTs are required or to any
vacancy in the LST classification at another location
if qualified. (See paragraphs 4(a) and 4(b) above.)
Should the affected LST elect to relocate, he will be
allowed either actual moving expenses for household
effects up to a maximum of 3,000 pounds gross weight
for a single employee and up to a maximum of 8,000
pounds gross weight for an employee with one dependent
plus an additional 500 pounds gross weight for each
additional dependent or a sum of money equal to the
existing tariff for moving 5,500 pounds of household
effects between the two points. If the employee elects
to drive his own automobile to the point he shall be
reimbursed at a mileage rate equal to the amount
allowed by the federal government for federal
employees for the most direct AAA mileage between the
points from and to which he is being transferred. plus
en route expense at the rate of one dollar and fifty
cents ($1.50) per hour (based upon 400 miles travel
per day). An employee who does not drive to his new
point will be allowed enroute expenses for twenty-four
(24) hours at one dollar and fifty cents ($1.50) per
hour. Additionally, an employee will be allowed $300
relocation expense.
(2) Should the affected LST elect not to fill a vacancy,
Article 6(e)(4), (5) and (6) of the Agreement shall
apply. An LST who elects to displace on the system may
do so in his own specialty or any other specialty in
which he is qualified. (See paragraph 4(a) and 4(b).)
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(8) (a) The provisions of Article 7 of the Basic Agreement shall
apply, except that Lead System Technician(s) may have
scheduled shift starting times thirty (30) minutes prior to
the regular shift starting time of other employees in the
Mechanic or higher classification to provide coordination
time with the Lead Systems Technicians whom he is relieving.
Depending upon the requirements of the service, Lead Systems
Technician(s) may be required to extend their shift thirty
(30) minutes to provide necessary technical knowledge and
guidance to other classifications. For the purpose of this
thirty (30) minute time only, the provisions of Article 8(a)
shall be amended to provide for a minimum of thirty (30)
minutes overtime.
(b) The Company may establish rotating shift schedules for Lead
Systems Technician(s) in accordance with the provisions of
Article 19(a), (b), (c), and (d)(3) of the Basic Agreement.
(c) The provisions of Article 16 of the Basic Agreement shall
apply, except that for the purpose of vacation selection,
Lead Systems Technician(s), at a point and/or location,
shall be considered as one seniority grouping within a
classification. When, because of the limited number of Lead
Systems Technicians at a location, it is necessary to
combine Lead Systems Technician specialties for the purpose
of vacation selection, such vacation selection will be
handled in accordance with the provisions of Article 16(m),
except that the Union recognizes the Company's right to
limit the number of employees in a specialty that may be on
vacation during a given period.
(d) The classification of Lead Systems Technician shall be
operative at points/locations designated as JFK, LAX, MKC
(MCI Major Base Maintenance which replaces MKC), MCIB (MCI
Overhaul Base) and STL.
(e) The Classification of Lead System Technician will be staffed
in accordance with the needs of the operation at the
points/locations specified in paragraph 8(d) above.
(f) Lead Systems Technician(s) will be assigned at any
point/location not mentioned in paragraph (8)(d) above where
Specialty Foremen continue to be assigned.
(g) Lead System Technicians at MCI. MBM and MCIB may be used at
either location as determined by the Maintenance Department.
Dated: August 1, 1999
/s/ Linda L. Ferchland
/s/ Ed LaClair
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April 10, 1992
Mr. William O'Driscoll
President - Directing General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers 400 N.E. 32 Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
During the course of negotiations which led to the Agreement dated April
10, 1992, the parties agreed that the Company will notify the President-
Directing General Chairman, District #142 or his designated
representative as soon as possible following the Carrier's receipt of
notice of the acceptance date(s) of new or leased aircraft which it
obtains.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
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January 28, 1970
Mr. David J. Crombie
Vice President-Industrial Relations
Trans World Airlines, Inc.
605 Third Avenue
New York, New York 10016
Subject: Aircraft Acceptance Inspectors
Dear Mr. Crombie:
Employees accepting temporary transfer to "Aircraft Acceptance
Inspectors" will continue to accrue seniority while so assigned,
provided they maintain membership in good standing as defined in Article
26(a). An employee returning from such temporary assignment shall return
to the point, location, classification, and seniority grouping from
which transferred, seniority permitting, and displace the least senior
employee and exercise seniority for shift and days off assignment.
Selection of employees for acceptance inspection and/or retention in
such work will be made from among TWA Inspectors in order of seniority
to the extent practical. If any employee requests an explanation for
refusal to accept or retain him in such assignment it will be furnished.
Acceptance inspection work on new aircraft being constructed for
delivery to TWA is not covered by the TWA-IAM Agreement, and the
experience gained during the special assignment will not be used to the
disadvantage of other employees in connection with work covered by the
TWA-IAM Agreement.
This letter cancels and supersedes the letter dated January 2, 1964,
from Mr. Cliff Miller to Mr. John P. Mead.
Very truly yours,
/s/ John J. Schwind
John J. Schwind
President - General Chairman
District Lodge 142
International Association of
Machinists
Agreed and Accepted:
/s/ D. J. Crombie
D. J. Crombie
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CREW CHIEF SUPPLEMENTAL AGREEMENT
The Company and Union hereby agree to implement a Crew Chief concept.
A Crew Chief shall be responsible for the leading, directing, and
assigning the work of his crew.
It is recognized that the establishment of the classification of Crew
Chief and the implementation of the Crew Chief program may expose the
parties to those problems associated with the inauguration of any
system. Therefore, each of the parties has reserved the right to bring
any problems associated with the implementation of this program, whether
or not such problem was the subject of discussion during these
negotiations, to the attention of the other party. Upon setting forth,
in writing, the problem or problems involved the parties will, within
thirty (30) days of receipt of such notice, convene a meeting for the
purpose of resolving the issue.
The Crew Chief shall be responsible to management for the overall
performance of the employees assigned to his crew and the timely and
satisfactory completion of work assignments by insuring that:
A. Management instructions are promptly and correctly complied with.
B. Employees assigned to his crew are properly utilized and
instructed for the safe and efficient performance of their daily
work.
C. Work assignments are carried out in compliance with operational
and safety procedures required by the policies of the Company and
appropriate Governmental Regulations.
D. Required forms, records, reports and other paperwork are completed
legibly and corrective.
E. Employees assigned to his crew use only those vehicles, tools and
equipment on which the Company has determined such employees to be
qualified.
F. Assigned equipment is in proper operating condition, scheduled for
maximum utilization and operated properly for the purpose
intended.
G. Hazardous conditions, unsafe practices, improperly functioning
equipment and tools are immediately brought to the attention of
management for appropriate corrective action.
The Crew Chief shall be responsible to management for insuring
compliance with all Company, policies, while on the job by, those
employees assigned to him.
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In addition to the above, the Crew Chief shall, upon request, assist
management in areas such as, but not limited to:
A. Periodic evaluation of operational requirements and performance.
B. Operational planning and scheduling.
C. Evaluation of training methods and techniques.
D. Evaluation of equipment, vehicles and tools.
E. Performance appraisal of employees by providing oral advice and
comments.
Crew Chiefs will be selected in accordance with the seniority and
bidding procedures of this Agreement.
When an aircraft is being returned to service, and there is a need for
coordination beyond the scheduled shift involving flight control rig
checks, landing gear rig checks, or avionics system checks, a Crew Chief
(Mechanic) assigned to a particular aircraft may be required to continue
that assignment on overtime notwithstanding the provisions of the local
overtime agreement. The Department Steward will be timely notified of
the assignment. The overtime worked will be recorded for distribution
purposes.
In conjunction with those duties outlined in the Crew Chief job
descriptions, the Crew Chief will be responsible for the planning and
assigning of the daily work of his crew. In order to facilitate this
process, the Company may require the Crew Chief to start work up to
thirty (30) minutes in advance of the starting time of his basic shift.
When this occurs, the Crew Chief will be paid at the overtime rate for
actual time of early report.
Dated: April 10, 1992
/s/ William L. Schecter
/s/ William O'Driscoll
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April 10, 1992
Mr. William Schecter
Staff Vice President
Labor Relations
Trans World Airlines, Inc.
110 South Bedford Road
Mt. Kisco, New York 10549
SUBJECT: CREW CHIEF CONCEPT
Dear Mr. Schecter:
This will confirm our agreement that the crew chief concept will be
implemented in total one hundred eighty (180) days after the signing of
this agreement-
During this one hundred eighty (180) day period, all Crew Chiefs in all
classifications will be trained in the crew chief concept.
All crew chief work/functions performed by supervisors and management
will be transferred to the Crew Chief no later then the implementation
date.
The crew chief concept will function in accordance with all the
requirements of the collective bargaining agreement.
Very truly yours,
/s/ William O'Driscoll
William O'Driscoll
President
General Chairman
Agreed and Accepted:
/s/William L. Schecter
William L. Schecter
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April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32 Street
Kansas City, Missouri 64116
Re: Crew Chiefs
Dear Mr. O'Driscoll:
This letter will clarify the parties' intent concerning the
implementation of the Crew Chief Concept.
The parties in reaching this Agreement have emphasized the Crew Chief's
responsibilities for the routine direction of the employees assigned to
him. The Crew Chief will be the individual who is primarily responsible
for the direction of the employees covered by this Agreement. The making
and revising of individual assignments to the work force shall be
accomplished by a Crew Chief. If the Crew Chief is unavailable in point
of time adequately to handle a situation the making or revising of an
individual work assignment may be accomplished by management. In the
event of conflicting orders, the responsibility shall be assumed by the
last individual issuing such order.
The supervision of the work force is ultimately the responsibility of
management.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
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ASSISTANT RAMP SERVICEMEN
This will confirm our understanding reached during negotiations
concerning TWA's competitive need to employ assistant ramp servicemen in
order to meet staffing requirements for operational peaks. It is the
intention of the parties that all of the provisions of the basic
agreement shall apply to such employees except as follows:
1. Prior to the staffing of assistant ramp servicemen at a point. the
Company will notify and consult with representatives of the Union
to review staffing requirements in accordance with the provisions
of this Letter.
2. The Company will not staff assistant ramp servicemen at a location
unless and until all full-time ramp service employees are recalled
at that point. Further, any subsequent reductions in the work
force due to operational requirements at that point will be
accomplished from among assistant ramp servicemen, in accordance
with Article 6 of the Agreement, before any full-time ramp service
employee is reduced or furloughed.
3. Qualified employees covered by the TWA-IAM Agreements desiring to
bid to assistant ramp service vacancies may do so in accordance
with Article 10 of the Mechanic and Related Employees Agreement. A
successful bidder who fills an assistant ramp service vacancy will
retain and continue to accrue seniority in the ramp service
classification and any classification below ramp service in which
he holds seniority at the one-half accrual rate described in
paragraph 11 of this letter of agreement.
The moving expense provisions of the TWA-IAM Agreement will not be
applicable to assist ramp service vacancies.
4. The number of assistant ramp service employees hired pursuant to
this letter will not exceed 10% of the ramp service employees
staffed on a full-time basis at each point and shall not exceed
10% at the location in a metropolitan area. Any fraction will be
rounded up to the next whole number. The Company will be permitted
to staff at least three (3) assistant ramp service employees at
any location.
5. Assistant ramp servicemen will be assigned to ramp service crew
chiefs who will Crew Chief and direct assistant ramp servicemen in
accordance with all of the provisions of the Agreement covering
ramp service crew chiefs. Assistant ramp servicemen will not be
eligible for Acting Crew Chief Assignments provided for in Article
10(c).
6. An assistant ramp service employee's hours shall consist of twenty
(20) hours of five (5) four-hour days worked within seven (7)
consecutive days. Midnight Sunday to midnight Sunday will
constitute a regular work week. Each assistant ramp serviceman
will have two (2) consecutive days scheduled as regular days off
in each work week.
7. A maximum of two (2) shifts during a twenty-four (24) hour period,
which shall have a minimum separation of four (4) hours, may be
established at each location for assistant ramp service employees.
Assistant ramp servicemen will bid these shifts by classification
separately from ramp service shifts.
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8. An assistant ramp serviceman will receive a ten (10) consecutive
minute rest period during his regular shift.
9. Assistant ramp servicemen will not be offered extended work hours
in addition to their regular work schedule or overtime hours
unless sufficient overtime of the duration needed (day off, post
shift, pre-shift or recall) is first offered and filled by, full-
time ramp servicemen in accordance with Article 8 and prevailing
local overtime agreements.
10. Assistant ramp service employees will receive overtime
compensation in accordance with Article 8 for work in excess of
eight (8) hours in a work day or forty (40) hours in a work week.
11. Seniority: A separate seniority roster will be maintained for
assistant ramp servicemen. Seniority dates will be established in
accordance with Article 6 and 10 of the TWA-IAM Agreement.
Assistant ramp service employees shall accrue seniority at the
rate of half of a full-time employee.
Seniority will accrue at one-half the regular rate for purposes of
bidding, vacation accrual, sick leave, occupational injury leave
and layoff pay. The one-half accrual rate will be based on the
employee's regular work schedule.
Assistant ramp servicemen will be subject to a one hundred and
twenty (120) calendar day probationary period.
12. An assistant ramp serviceman will be eligible to bid for vacancies
in the mechanic classification or lower (and if he does not hold
seniority in the classification into which he desires to transfer,
he may submit a company seniority bid). In filling vacancies,
company seniority bids of full-time employees at the point and
company seniority bids of full-time employees at other points will
be given preference over company seniority bids of assistant ramp
servicemen at the point. Such bids shall be handled in the same
manner as set forth in Article 10(b)(1) and Article 10(b)(2).
13. Assistant ramp servicemen will not have system seniority rights
for displacement purposes.
14. Benefits: Assistant ramp servicemen will be allowed sick leave
based on the accrual rates outlined above and in accordance with
Article 17.
Assistant ramp service employees will receive the same benefits as
the full-time ramp service employee except that during their
probationary period medical/dental insurance will not be provided
for dependents.
Pension benefits for assistant ramp servicemen will be determined
as defined under the provisions of the Retirement Plan for
Mechanics and Related Employees.
15. Wages and Premiums: Assistant ramp servicemen will be paid as
provided in Schedule A of the TWA-IAM Agreement.
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Assistant ramp servicemen will not receive premium pay described
in Articles 18 and 19 of the TWA-IAM Agreement. If an assistant
ramp service employee transfers to a full-time position, he will
begin receiving longevity premium based on his seniority accrual
described in paragraph 11 above.
16. Any deviation of the staffing of assistant ramp service employees
at an location as provided for in this agreement may be made when
agreed upon by the President-General Chairman of District 142 and
the T.W.A. Senior Vice President of Labor Relations. Such
deviation is subject to a 30-day cancellation notice by either
party.
Dated: April 10, 1992
/s/ William L. Schecter
/s/ William O'Driscoll
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January 28, 1970
Mr. John J. Schwind
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
206 E. 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Schwind:
This will confirm the understanding reached between the Company and the
Union during the negotiation of the TWA-IAM Agreement signed January 28,
1970.
At locations where the Inspector classification is not presently
employed, there will be established, as required, Inspector Designee(s).
The number of shift(s) on which such Inspector Designee(s) are required
will be determined by the Company and they shall be selected, in
seniority order, from mechanics on such shift(s) holding A&P or other
appropriate license(s). In the event senior employees do not exercise
their seniority for this assignment the least senior employee(s) who
meets the above license requirements will be assigned.
The employee(s) so assigned will receive 15 cents per hour to be included
in his basic rate for as long as he remains on that shift as an
Inspector Designee. The Company may appoint Inspector Designee
alternates, on a one for one basis per shift, who will function in the
absence from duty of their respective Inspector Designee(s). The
Designee alternate will receive 15 cents per hour in addition to his basic
rate for all hours worked on required inspection items, with a minimum
of four (4) hours on each occasion.
Inspector Designee assignments on through flights may be performed by
the senior Crew Chief Mechanic on duty if neither the Inspector Designee
nor his alternate is present. In this event such senior Crew Chief
Mechanic will receive 15 cents per hour in addition to his basic rate for
all hours worked on required inspection items, with a minimum of four
(4) hours on each occasion.
No employee will be delegated the authority as Inspector Designee or
Inspector Designee alternate for a period of less than thirty (30)
calendar days. The use of the Inspector Designee will not circumvent the
assignment of regular inspectors when this classification is required
under the terms of the Agreement.
Sincerely yours,
/s/ D. J. Crombie
D. J. Crombie
Vice President -
Industrial Relations
Agreed and Accepted:
/s/ John J. Schwind
John J. Schwind
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January 28, 1970
Mr. John J. Schwind
President-General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
206 East 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Schwind:
In the Agreement signed January 28, 1970, we have agreed that the work
of a Crew Chief Mechanic/Mechanic shall include the taxiing of Company
aircraft.
The Company will solicit preferences of Line Crew Chief
Mechanics/Mechanics desiring to be qualified for taxi duty and will
certify for taxi duty in seniority order by shift at the point and/or
location and limited to the three (3) shifts.
To qualify, for taxi certification, a Crew Chief Mechanic/Mechanic must
possess the necessary FAA and FCC licenses; must meet the standards for
taxiing service established by the local Airport Authority and must meet
the visual color blindness and 20/30 vision corrected and normal hearing
standards established by the Company.
A Crew Chief Mechanic/Mechanic who successfully qualifies for taxiing
aircraft by meeting the standards set forth above, shall be trained by
the Company in taxiing aircraft and must pass a proficiency examination
administered by the Company prior to his certification for taxiing.
A Crew Chief Mechanic/Mechanic, to maintain his certification for
taxiing shall each six (6) months thereafter pass a proficiency
examination.
A taxi crew shall be required to perform systems functional checks
prescribed by the Company while enroute.
Failure to qualify as above, shall not jeopardize the employee's status
for work other than taxiing of aircraft.
Sincerely yours,
/s/ D. J. Crombie
D. J. Crombie
Vice President -
Industrial Relations
Agreed and Accepted:
/s/ J. J. Schwind
J. J. Schwind
130
<PAGE>
<PAGE>
January 28, 1970
Mr. John J. Schwind
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
206 East 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Schwind:
In connection with the work of a Mechanic as it concerns building
maintenance and repair work as defined in Article 4(a)(7), the Company
and the Union recognize the need to utilize contractors for major
construction work, major repairs and major building alterations which
may not be able to be carried out by the Mechanic work force at a given
location.
Accordingly, the local manager responsible will discuss with the Local
Union Representative such plans in a timely way, prior to the execution
of any such contract.
Sincerely yours,
/s/ D. J. Crombie
D. J. Crombie
Vice President -
Industrial Relations
Agreed and Accepted:
/s/ J. J. Schwind
J. J. Schwind
131
<PAGE>
<PAGE>
January 28, 1970
Mr. John J. Schwind
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
206 East 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Schwind:
In the event that employees covered by this Agreement are required,
prior to the general adoption of the metric standard in the United
States, to use hand tools of metric design or calibration in the course
of their assigned work, such tools will be made available by the Company
at no cost to the employees.
Sincerely yours,
/s/ D. J. Crombie
D. J. Crombie
Vice President -
Industrial Relations
Agreed and Accepted:
/s/ J. J. Schwind
J. J. Schwind
132
<PAGE>
<PAGE>
January 28, 1970
Mr. John J. Schwind
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
206 East 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Schwind:
During the course of the negotiations of the Agreement signed January
28, 1970, the parties recognized that the question of snow removal
constitutes a unique operating problem and agreed as follows:
The Company will utilize its own Mechanics for snow removal to the
extent it has mechanical snow removal equipment available. In the
application of the foregoing, preference will be given to plant
maintenance Mechanics where staffed to the extent practicable. Overtime
procedures will be utilized to obtain overtime as required to operate
such equipment. As long as Company Mechanics and equipment are engaged
in snow removal as aforesaid, the Company may supplement with other
mechanized snow removal equipment as necessary.
Sincerely yours,
/s/ D. J. Crombie
D. J. Crombie
Vice President -
Industrial Relations
Agreed and Accepted:
/s/ J. J. Schwind
J. J. Schwind
133
<PAGE>
<PAGE>
April 10, 1992
Mr. William O'Driscoll
President - Directing General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
During the negotiations which led to the Agreement signed April 10,
1992, the Company and the Union agreed that at JFK, ORD, MKC, MCI, STL,
LAX and SFO, all ground two-way radio ramp communications equipment will
undergo all minor or major repairs to the extent of existing available
equipment and qualified manpower.
Additionally, it is understood and agreed that as such capability
becomes available, in the normal course of expansion of TWA facilities
for purposes of aircraft maintenance and repair, at other locations on
the Company's domestic system, such repair work outlined above will be
performed at those locations.
Sincerely yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
134
<PAGE>
<PAGE>
April 10, 1992
Mr. William O'Driscoll
President - Directing General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This will confirm our understanding reached during negotiations leading
to the Agreement dated April 10, 1992, concerning Stores Clerk work.
It is agreed that at stations other than the Overhaul Base and Technical
Services locations, Stores Clerks will be staffed on a shift in
accordance with the needs of the service, i.e., if there are four (4)
hours or more of Stores Clerk work on that shift (to be defined as any 8
hour period). On a shift where Stores Clerks are not staffed and a
part(s) is issued/received, the Crew Chief Mechanic will be responsible
for having such part(s) issued/received and recorded for the Stores
Clerk. When it is anticipated or known that additional Stores' work is
to be performed, overtime will be requested from the Stores
classification.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
135
<PAGE>
<PAGE>
April 10, 1992
Mr. William O'Driscoll
President - Directing General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This is to confirm the agreement reached during the negotiations
concerning stores work.
At stations other than the overhaul base, technical service locations,
and major stations where mechanics and stores clerks are not staffed,
the Crew Chief ramp service person shall be responsible for all stores
functions. At stations where station agents are staffed, the employee-
in-charge will have the responsibility for all stores functions.
All stores functions will remain included in the computation of stores
work in determining whether mechanics and or stores clerks are staffed
as required under the four-hour rule.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
136
<PAGE>
<PAGE>
October 18, 1976
Mr. Quenton A. Kerr
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Avenue
Kansas City, Missouri 64116
Re: Stores Clerks
Dear Mr. Kerr:
This is a clarification of the understanding reached between the Company
and the Union relative to the problems the parties have experienced in
the implementation of the stores clerk classification work as negotiated
under the January 28, 1970, Agreement. However, this does not negate the
above January 28, 1970, Agreement and is in addition to the normal
duties performed by stores clerks.
1. Automotive and Building Maintenance
-----------------------------------
a. All building maintenance and automotive parts and materials
will be ordered and received from the vendor. All parts and
materials received shall be binned, inventoried, and issued
by stores clerks. All required labeling and documentation in
connection with ordering, receiving, issuing, and shipping,
as well as the preparation and maintenance of required
records will be performed by stores clerks.
b. Stores clerks will be responsible for the replenishment and
control of all self-service stock.
c. If a Company employee is utilized to pick up building
maintenance and automotive parts and materials such employee
will be a stores clerk. In addition, if a Company employee
is utilized to deliver or pick up building maintenance and
automotive parts and materials repaired by an outside
contractor, such employee shall be a stores clerk.
d. Where a supplier(s) has been established at a particular
location and automotive and building maintenance parts and
materials are not available in the stores room. the stores
clerk will complete the appropriate paper work and place the
order.
2. Bulk Storage Commissary
-----------------------
a. Commissary Stockroom,/storage area(s) will be established at
each station where there are no commissary dining units. All
commissary material and supplies will be ordered, received,
binned, inventoried, and issued by stores clerks. All
required labeling and documentation in connection with
ordering, receiving, issuing, and shipping, as well as the
preparation and maintenance of required records will be
performed by stores clerks.
137
<PAGE>
<PAGE>
b. The delivery of working stock to the buildup areas will be
the responsibility of the stores clerk.
c. All liquor, alcoholic beverages, and bar supplies will be
handled in accordance with (a) above. However, at stations
were the liquor storage area and liquor buildup area are one
and the same, all liquor, alcoholic beverages, and bar
supplies will be ordered, received, binned, and inventoried
by stores clerks.
3. Caterer
-------
In the administration of Article 4(a)(10), the Company agrees that
any inventory(s) required by the Company will be performed by a
stores clerk. The Company further agrees to use stores clerks at
least once a month to conduct a Company inventory(s). Company
material shipped COMAT/RIMAT to the caterer will be delivered by a
stores clerk.
4. Pickup Area
-----------
In the administration of Article 4(a)(10), the parties agree all
parts, materials, and supplies being air shipped to and from
stores will be delivered to a pickup area designated by the
Company for transfer of such parts, materials, and supplies from
ramp service to the stores classification.
5. Stationery Supplies
-------------------
a. At airport locations where stationery supply room(s) are
maintained, stores clerks will receive and deliver
stationery supplies (specifically excluding ticket stock and
locally purchased petty cash items) and place inside the
supply room(s).
b. At airport locations where a stationery supply room is not
maintained, delivery to any office facilities will be at a
point designated by the Company.
c. The parties are in agreement that non-stationery supplies
and materials i.e., typewriters, etc., are delivered to the
user or addressee.
6. Downtown Deliveries
-------------------
Stores clerks will transport COMAT/RIMAT material originating out
of MCI or station stores to downtown drop point(s) designated by
the Company within the city or metropolitan area at the following
locations: BOS, JFK, LGA, EWR, PIT, STL, DCA, MCI/KCI, PHL, LAX,
SFO, and ORD.
Very truly yours,
/s/ W. J. Dougherty
W. J. Dougherty
Vice President -Industrial Relations
Agreed and Accepted:
/s/ Quenton A. Kerr
Quenton A. Kerr
138
<PAGE>
<PAGE>
October 18, 1976
Mr. Quenton A. Kerr
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Avenue
Kansas City, Missouri 64116
Re: Stores Letter
Dear Mr. Kerr:
This will confirm our understandings with regard to Stores Clerks that
at the Kansas City Overhaul Base, the following will govern mail room
activity:
(1) Stores Clerks will deliver all outgoing packages and/or letters
containing stocked forms destined for mail (Company or U. S.) to
the mail room.
(2) Stores Clerks will pick up from the mail room for stores all items
outlined in (1).
(3) Parts, materials, and stationery supplies (other than stationery
supplies as in (4)(a) of this letter) will not be handled by Mail
Clerks.
(4) Stationery supplies will be delivered and handled as follows:
(a) Second and third floors - Building One - such supplies will
be delivered to the floor freight elevator area by a Stores
Clerk and distributed by Mail Clerks.
(b) First floor - Delivered by Stores Clerks.
(5) Distribution of mail - Company and U. S. - to Building Two, Engine
Overhaul will be by Mail Clerks. Other items will be delivered by
Stores Clerks.
Very truly yours,
/s/ W. J. Dougherty
W. J. Dougherty
Vice President -
Industrial Relations
139
<PAGE>
<PAGE>
April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This is to confirm the agreement reached between the parties during
negotiations concerning the performance of Plant Maintenance, Stores
Clerks, and Janitor's work at the Trans World Technical Training
Academy.
The parties agree that TWA Plant Maintenance Mechanics will perform
required plant maintenance function at the Trans World Technical
Training Academy.
The TWTTA shall be added to paragraph 1 of the Janitor Letter of
Agreement (on Page 144 of the current agreement) with the exception of
space leased to other tenants.
Stores Clerks shall perform Stores work at this facility in accordance
with the Letters of Agreement on Page 137, and Page 139 of the
Agreement.
Very truly yours.
/s/ William L. Schecter
William L Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
140
<PAGE>
<PAGE>
January 28, 1970
Mr. John J. Schwind
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
206 East 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Schwind:
This will confirm conversations between the Company and the Union during
the course of the negotiations leading to the IAM-TWA Agreement signed
January 28, 1970.
It is the policy of the Company to handle, to the extent possible, all
cargo and freight through its cargo warehouses.
It is understood that the Company may utilize open dock facilities
adjacent to cargo warehouses for the loading and unloading of cargo.
Such loading and unloading will be done by Ramp Servicemen.
In instances when it is impossible to handle through the cargo warehouse
a specific unit of customers' freight because of its size or because of
the limitations of the warehouse or cargo handling equipment, it is
agreed that this type of freight may be dispatched directly to or from
the ramp area to facilitate handling.
When a cargo warehouse is being used to its capacity, and then only with
notice to a Crew Chief Ramp Serviceman, customers' freight may be
dispatched directly to or from the ramp area to facilitate handling.
It is further understood that in the event the above are necessary, a
Crew Chief Ramp Serviceman will direct the freight driver and vehicle
from the entrance to the ramp area, and direct the loading and/or
unloading of such freight by Ramp Servicemen under his directions. Upon
the completion of the loading and/or unloading of such freight, a Crew
Chief Ramp Serviceman will direct the truck and driver to the exit.
It is additionally understood that the truck driver(s) will not be
permitted into any Company operated warehouse, and/or to perform any
work on such premises. The truck driver(s) will perform their work
behind a line drawn four feet from the truck bed on the warehouse floor.
Sincerely yours,
/s/ D. J. Crombie
D. J. Crombie
Vice President -Industrial Relations
Agreed and Accepted:
/s/ J. J. Schwind
141
<PAGE>
<PAGE>
April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Re: Receipt of Air Freight
Dear Mr. O'Driscoll:
This will confirm the agreement reached during negotiations concerning
the receipt of air freight shipments.
It is agreed that at other than Major Stations and the Overhaul Base(s),
Customer Service agents may be assigned to receive air freight shipments
when Ramp Service personnel are not available at the air freight
facility to perform this function.
The receipt of such shipments shall consist of the signing for the
shipment, the verification of weight and the number of pieces received.
This is to facilitate the customer and to prevent any unnecessary
delays. The Customer Service Agent will notify the Crew Chief Ramp
Service Person of the shipment(s) received as soon as possible
thereafter.
This letter of agreement is not intended to reduce the normal staffing
of air freight facilities by the Ramp Service classification.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
142
<PAGE>
<PAGE>
August 1, 1999
Mr. Ed LaClair
General Chairman
District Association of Machinists
And Aerospace Workers
400 NE 32nd Street
Kansas City, MO 64116
Dear Mr. LaClair:
In confirmation of discussions in the course of negotiations leading to
the Agreement signed August 1, 1999, the Company agrees it will maintain
the classifications of Inspector and LST at SFO until the current
employees attrit from these classifications. It is understood and
agreed that Inspectors assigned to SFO, when not engaged in Inspector
work, may be utilized in Mechanic work.
The active and furloughed Avionics mechanic(s) will be recalled and
placed into the A&P specialty if qualified. If not qualified, these two
(2) employees will remain Avionics mechanics. The mechanic in the paint
specialty will be placed in the Automotive specialty. The Company will
continue to maintain the Automotive, Plant Maintenance and A&P
specialties as well as the Stores Clerk classification. Future staffing
including the Guard classification will be determined based on the needs
of the service.
Very truly yours,
/s/ Linda Ferchland
Linda L. Ferchland
Director Labor Relations, Ground
Agreed and Accepted:
/s/ Ed LaClair
Ed LaClair
143
<PAGE>
<PAGE>
April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists and Aerospace Workers
206 East 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
The following is to clarify the understanding of the parties during the
negotiations leading to the Agreement signed April 10, 1992, as to
janitorial work pursuant to Article 4(a)(21) of such Agreement. The
Company and Union agree that:
(1) Required janitorial functions will be performed by Janitors
covered by a TWA-IAM Agreement at the following locations:
the Administrative Building at KCI, the Charles A. Lindbergh
Flight Training Center, and the Trans World Technical
Training Academy, with the exception of space leased to
other tenants.
(2) Required janitorial functions at the Company's airfreight
terminals at JFK, LGA, EWR, ORD, MKC/KCI, LAX, SFO, STL,
PIT. BOS and PHL will be performed by Janitors covered by
the TWA-IAM Agreement. Such duties shall include required
cleaning of the following areas: Airfreight Building
lunchrooms, washrooms, walkways and offices. It is
explicitly understood that work areas used by Ramp
Servicemen in the performance of their normal duties in the
above airfreight terminals shall be kept clean by such Ramp
Servicemen.
(3) Required janitorial functions in passenger terminal IAM
locker rooms, lunchrooms, ready rooms and washrooms will be
performed by Janitors and/or Fleet Service Helpers at the
following locations: JFK, LGA, ORD, MKC/KCI, LAX, SFO, EWR,
BOS, PHL, STL and PIT.
(4) The Company's undertakings respecting a cutback of farm-out
of janitorial work pursuant to paragraphs (1), (2) and (3)
above shall be subject to the four hour rule recognized by
the parties and will be implemented by the Company as soon
after the effective date of the Basic Agreement between the
parties as the Company can terminate or gain release from
particular janitorial sub-contracts without incurring any
liability or penalty.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President-Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
144
<PAGE>
<PAGE>
January 28, 1970
Mr. John J. Schwind
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
206 East 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Schwind:
This will serve as confirmation of the Company's commitment that passes
will be issued to employees covered by the TWA-IAM Agreement within one
week after the pass request is received, except in cases of interline
passes.
Sincerely yours,
/s/ D. J. Crombie
D. J. Crombie
Vice President -
Industrial Relations
Agreed and Accepted:
/s/ J. J. Schwind
J. J. Schwind
145
<PAGE>
<PAGE>
March 14, 1975
Mr. Quenton A. Kerr
President-General Chairman
International Association of Machinists
and Aerospace Workers
District 142
206 East 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Kerr:
This will confirm our understanding reached during negotiations leading
to the Agreement dated March 14, 1975. Class 7 term pass holders and
their eligible dependents who would not otherwise retain such privilege
will be allowed to retain such term passes during medical leaves of
absence and extensions thereto up to a maximum period of five (5) years.
Very truly yours,
/s/ D. J. Crombie
D. J. Crombie
Vice President -
Industrial Relations
Agreed and Accepted:
/s/ Quenton A. Kerr
Quenton A. Kerr
President-General Chairman
District Lodge 142
146
<PAGE>
<PAGE>
April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
During the course of the negotiations which led to the signing of the
Agreement dated April 10, 1992, the parties discussed a number of
problems pertaining to the pass policy and the Company's failure to
comply with Article 15 of the Agreement.
The Company reaffirms its commitment to comply with Article 15 of the
Agreement and should the Union deem the Company has failed to do so, it
may invoke the grievance procedure.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
147
<PAGE>
<PAGE>
March 14, 1975
Mr. Quenton A. Kerr
President-General Chairman
International Association of Machinists
and Aerospace Workers
District 142
206 East 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Kerr:
This will confirm our understanding reached during negotiations leading
to the Agreement dated March 14, 1975, respecting Article 1l(c)(7)
(disciplinary action). In cases involving the possibility of
unauthorized possession of property on the employee's person, the
opportunity to confer with his Union representative may be deferred by
the Company. However, it is understood that a Union representative will
be present during such preliminary investigation, if the employee so
desires.
Very truly yours,
/s/ W. E. Malarkey
W. E. Malarkey
Staff Vice President -
Labor Relations
Agreed and Accepted:
/s/ Quenton A. Kerr
Quenton A. Kerr
President-General Chairman
District Lodge 142
148
<PAGE>
<PAGE>
April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 East 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This is to confirm our discussions during negotiations which led to the
Agreement signed April 10, 1992, that the parties will furnish to one
another any investigative agency report which they rely upon or use in
any disciplinary or discharge proceeding. At the earliest possible time
after they receive it, the Company shall furnish the Union with internal
records used to support their position, retaining the right to delete
therefrom any indication of confidential sources.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
149
<PAGE>
<PAGE>
January 28, 1970
Mr. J. J. Schwind
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
206 East 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Schwind:
This will confirm the conversations we had during the course of the
negotiation of the Agreement, signed January 28, 1970, with regard to
certain payroll and fringe benefit accrual reports. These reports have
been designed to help resolve a problem which is important to you and
important to us.
As I mentioned to you, the Company has taken steps to provide payroll
group heads with reports designed to increase our ability, on a local
basis, to straighten out payroll or accrual errors, and to answer
promptly the questions which employees may have.
The first of these reports is the A-641 record. This record, which is
developed on a monthly basis, is set up to reflect, as appropriate, an
employee's current accrual, days charged and resulting balance for each
of the following categories: vacation, personal illness, death or
dangerous illness in the family, and industrial injury.
The second report is the Pay Period Control Register, which is prepared
for each pay period and is designed to break down the basis for each
employee's pay by showing the individual elements of such pay, including
premium rates, acting Crew Chief and line maintenance differentials,
among others.
Informational letters have been sent to all payroll group heads to
explain the A-641 and the Payroll Control Register.
Sincerely yours,
/s/ D. J. Crombie
D. J. Crombie
Vice President -
Industrial Relations
Agreed and Accepted:
/s/ J. J. Schwind
J. J. Schwind
150
<PAGE>
<PAGE>
December 28, 1972
Mr. John J. Schwind
President-General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
206 N.E. 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Schwind:
It has come to my attention that the language of Article 7(a), as
finally printed in the TWA-IAM Agreement, does not reflect clearly our
joint understanding that Guards, Fire Inspectors, and employees assigned
to operate boiler rooms or power houses are to eat lunch during their
eight hour shifts at a time, and in a manner consistent with their
continuing duties.
If you concur in this statement of our understanding, please sign and
return a copy of this letter.
Sincerely yours,
/s/ William A. Malarkey
William A. Malarkey
Staff Vice President -
Labor Relations
Agreed and Accepted:
/s/ John J. Schwind
John J. Schwind
President-General Chairman
District Lodge 142
151
<PAGE>
<PAGE>
December 28, 1972
Mr. John J. Schwind
President-General Chairman District 142
International Association of Machinists
and Aerospace Workers
206 N.E. 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Schwind:
This will confirm the understanding we reached during the negotiation of
the current Agreement with regard to the consolidation of the Ramp
Serviceman and Ground Service Helper classifications (with the Ground
Service Helper group becoming a seniority grouping(s) within the Ramp
Serviceman classification); and the performance of certain Fleet Service
Helper work (involving interior cleaning of aircraft) by Ramp
Servicemen.
In the course of the discussions it was agreed that questions would
arise in several areas with regard to the implementation of these
changes. Accordingly, this letter will set forth the areas which we have
agreed upon, and will establish a means of dealing with the
implementation of these concepts on a fair and equitable basis:
1. The Ground Service Helper classification will be
consolidated into the Ramp Serviceman group as a separate
seniority grouping(s). Matters relating to seniority, etc.
will be reviewed prior to actual implementation.
2. Certain Fleet Service Helper work, involving the interior
cleaning of aircraft (including aircraft involved in certain
maintenance procedures) will be performed by the Ramp
Serviceman classification. The initial absorption of such
work into the Ramp Serviceman group will be deemed a
transfer of work from the one classification to the other,
and an appropriate number of jobs will be established in the
Ramp Serviceman classification. Matters relating to
seniority, etc. will be reviewed prior to actual
implementation.
The Company and Union both recognize the need to approach the
implementation of these changes in a consistent and reasonable manner.
To this end, the parties anticipate that meetings will be held to
discuss the matters referred to in this letter.
Sincerely yours,
/s/ D. J. Crombie
D. J. Crombie
Vice President -
Industrial Relations
Agreed and Accepted:
/s/ John J. Schwind
John J. Schwind
President-General Chairman
152
<PAGE>
<PAGE>
December 28, 1972
Mr. John J. Schwind
President-General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
206 N.E. 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Schwind:
You have inquired as to the justification of the Company's policy in
regard to fueling of Company aircraft and servicing and maintenance of
certain fueling equipment at the new airport at KCI as well as the new
terminal facilities at DEN. As you know, each of these functions is
presently being performed by Allied Maintenance. It is my understanding
that this procedure is in keeping with obligations imposed by the City
of Kansas City, Missouri in the former case, and by the City and County
of Denver, Colorado in the latter case, in what we are informed to be
the rightful exercise of their statutory police power. Were these not
the circumstances, the Company would assign such work to members of the
IAM.
Sincerely yours,
/s/ D. J. Crombie
D. J. Crombie
Vice President -
Industrial Relations
Agreed and Accepted:
/s/ John J. Schwind
John J. Schwind
President-General Chairman
District Lodge 142
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August 1, 1999
Mr. Ed LaClair
General Chairman
District Lodge 142
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. LaClair:
This will confirm our understanding reached during negotiations which
led to the Agreement dated August 1, 1999, in connection with the
Company's Absenteeism Control Program. It is understood that employee
requested and Company approved time off (PTO) will not be used against
the employee's attendance record.
When the Company believes that an employee's attendance record is not
satisfactory, the Company will schedule an informal meeting with the
employee and Shop Steward to review attendance matters. The Company will
offer advice and assistance to the employee to correct the attendance
problem.
The Company will review the employee's attendance record thereafter. If
the employee has not corrected his attendance record, the Company will
schedule a formal meeting with the employee and the Shop Steward to
again review the attendance record at which time the Company will notify
the employee in writing of his attendance record. As such a letter will
not be construed as a letter of reprimand or discipline, it will not be
subject to the grievance procedure.
It is understood that no employee who has been in the service of the
Company one hundred eighty (180) days or more, in the case of a mechanic
and one hundred twenty (120) days or more, in the case of all other
employees shall be disciplined for attendance deficiencies without a
fair hearing before a designated representative of the Company, other
than the one bringing the complaint against the employee. Such hearing
shall be held not later than five (5) days after the employee and the
Union are notified of the precise charges and a written decision will be
issued within three (3) work days after the close of the hearing.
Furthermore. as to any action respecting attendance deficiencies, the
initiation of such action will hereafter be made by the hearing officer
referred to above.
Prior to the initiation of any action or hearing, the employee will be
entitled to Union representation, if he so desires.
In the event the Local Committee is dissatisfied with the decision of
the designated hearing officer, the matter may be appealed to Step 3 in
accordance with Article 11.
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Very truly yours,
/s/Linda Ferchland
Linda Ferchland
Director-Labor Relations
Labor Relations
Agreed and Accepted:
/s/ Edward LaClair
Edward LaClair
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March 14, 1975
Mr. Quenton A. Kerr
President-General Chairman
International Association of Machinists
and Aerospace Workers
District 142
206 East 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Kerr:
Before Trans World Airlines, Inc. renews or enters into new contract or
lease arrangements with outside concerns which involves work covered by
the I.A.M. Agreements, at least sixty (60) days notice shall be given to
the Union prior to the signing of such contract or lease arrangements.
The Company agrees to meet with the Union during such period and
endeavor to resolve the issues involved. Failing to do so, a general
grievance may be filed in accordance with the applicable Agreement
provisions, within ten (10) days of such failure.
Very truly yours,
/s/ D. J. Crombie
D. J. Crombie
Vice President -
Industrial Relations
Agreed and Accepted:
/s/ Quenton A. Kerr
Quenton A. Kerr
President-General Chairman
District Lodge 142
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April 10, 1992
Mr. William O'Driscoll
President and General Chairman
International Association of Machinists
and Aerospace Workers
District 142
400 East 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This is to confirm our agreement reached during negotiations regarding
the "banking" of vacation by eligible employees covered by this
Agreement.
Employees eligible for four or more weeks of vacation will be allowed to
bank up to two weeks of earned vacation per year.
On or before July 1 of the vacation year, the amount of banked vacation
money due to the employee will be contributed to the employee's 401K
account or to another retirement account designated by the IAM&AW, as
permitted by applicable law.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
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April 10, 1992
Mr. William O'Driscoll
President - General Chairman
International Association of Machinists
and Aerospace Workers
District 142
400 East 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This will confirm our agreement to modify the 401(K) Plan for Machinists
of Trans World Airlines, Inc. to permit deferral of benefit commencement
under the Plan until such time as benefits are required to commence
pursuant to the provisions of the Internal Revenue Code and/or ERISA and
the regulations thereunder.
It is our understanding that this new deferral provision shall apply to
all Plan members who have not begun to withdraw payments from the Plan
as of November 1, 1991.
If the foregoing accurately states the terms of our agreement, please
sign where indicated below.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
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August 1, 1999
Mr. Edward LaClair
General Chairman
International Associations of Machinists
And Aerospace Workers
400 NE 32nd Street
Kansas City, MO 64116
Subject: Amendment to 401 (k) Plan
Dear Mr. LaClair,
Subject to the approval of the Trustee Committees to amend the Deferred
Compensation Plan(s) for IAM employees and effective upon the date of
the signing of a new Collective Bargaining Agreement, the Deferred
Compensation Plan(s) for all IAM employees shall provide for a one-time
election for each individual employee who currently has retirement funds
held in trust at Chase Manhattan Bank to transfer all funds to the
existing self-directed 401(k) Retirement Savings Plan Number 005. The
Plan(s) shall be further amended to permit future monthly contributions
to be made to the participant's new Retirement Savings plan account. The
fee agreement may be amended to provide for a transaction fee to be paid
by individual participants for excess transfer activity between funds.
This election must be made no later than November 30, 1999 and will
become effective the last day of the month in which the employee's
election is made. An employee who has elected this plan will have a
one-time transfer option back to the Deferred Compensation Plan
effective November 30, 1999 only. Thereafter, the employee's election is
irrevocable and permanent.
Current and future employees in the Mechanic & Related and Passenger
Service classifications who are not members of a 401(k) Plan may elect
to join either Plan but not both. That election is irrevocable.
Very truly yours,
/s/ Linda Ferchland
Linda Ferchland
Director Labor Relations Ground
Agreed and Accepted:
/s/ Edward LaClair
Edward LaClair
IAM District 142
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SUPPLEMENTAL AGREEMENT ON
RETIREMENT PLAN FOR MACHINISTS OF
TRANS WORLD AIRLINES, INC.
THIS AGREEMENT, made and entered into this 28th day of January, 1970,
by and between TRANS WORLD AIRLINES, INC., a Delaware corporation
(hereinafter referred to as the "Company"), and the INTERNATIONAL
ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO (hereinafter
referred to as the 'Union'):
W I T N E S S E T H:
WHEREAS, the Company and the Union have agreed to continue, amend and
restate, effective as of January 1, 1969, the provisions of the
retirement plan covering "Employees" of the Company represented by the
Union, as the "Retirement Plan for Machinists of Trans World Airlines,
Inc." (hereinafter referred to as the 'Plan).
NOW, THEREFORE, the parties agree as follows:
SECTION 1. ESTABLISHMENT AND ACCEPTANCE OF PLAN
1.1 Establishment and acceptance of Plan. The Company shall
establish the Plan, effective as of January 1, 1969. The Union hereby
accepts the Plan for Employees of the Company within the collective
bargaining unit represented by the Union.
SECTION 2. ELIMINATION OF CONFLICTS
2.1 Elimination of Conflicts. In the event of any conflict
between the provisions of this Agreement and the Plan, the provisions of
this Agreement shall supersede the provisions of the Plan to the extent
necessary to eliminate such conflict.
SECTION 3. INTERNAL REVENUE APPROVAL AND AMENDMENTS
3.1 Internal Revenue Approval and Amendments. It is the
intention of the parties to this Agreement that the Plan, as it may be
modified by this Agreement, shall be and remain an approved Plan so as
to qualify under the applicable provisions of the Internal Revenue Code
of 1954 as now in effect or as hereafter adopted and the regulations
issued thereunder, and that any and all contributions made by the
Company under the Plan be deductible for federal income tax purposes.
The Company agrees not to modify or amend or terminate the Plan while
this Agreement is in full force and effect unless the Union consents to
such modification, amendment or termination, provided, however, that the
Company may, after notifying the Union, make any modifications or
amendments to the Plan that are necessary or appropriate to qualify or
maintain the Plan as a plan meeting the requirements of Section 401(a)
of the Internal Revenue Code of 1954 as now in effect or hereafter
amended or any other applicable provisions of the Internal Revenue Code
as now in effect or hereafter adopted or the regulation issued
thereunder, and any such
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modification, alteration, or amendment of the Plan may be made
retroactively, if necessary or appropriate.
SECTION 4. FINANCING
4.1 Pension Fund. The Company shall establish a Pension Fund
with a trustee or insurance company, or both, and make contributions
thereto, in accordance with and as required by the provisions of the
Plan.
4.2 No Employee Contributions. No Employee will be required to
make contributions to the Pension Fund on and after February 1, 1970.
SECTION 5. ADMINISTRATION BY COMMITTEE
5.1 Administration by Committee
(a) The Plan shall be administered by a Committee consisting of
four members, two members of which shall be appointed by the
Company, (hereinafter referred to as the Company members),
and two members of which shall be appointed by the Union
(hereinafter referred to as the Union members). These
members shall serve without compensation from the Pension
Fund. In the event of a deadlock, an impartial chairman
shall be selected by mutual agreement of the Company and the
Union members of the Committee, but shall vote at meetings
of the Committee only for the purpose of breaking such
deadlock. Failing selection, either party may petition the
United States District Court in New York, New York, for
appointment of a chairman. The fees and expenses of the
impartial chairman shall be paid equally by the Company and
the Union. In the event of a deadlock over the
approval/denial of an employee's request for disability
retirement, the impartial chairman shall be a qualified
physician who specializes in the treatment of the medical
condition giving rise to the employee's request for
disability retirement.
(b) Either the Company or the Union at any time may remove a
member appointed by it and may fill any vacancy in the
position of its appointee. Both the Company and Union shall
notify each other in writing of the members respectively
appointed by them before any such appointment shall be
effective.
(c) To constitute a quorum for the transaction of business,
there shall be required to be present at any meeting of the
Committee at least one Union member and one Company member.
At all meetings of the Committee, the Company members shall
have a total of two votes and the Union members shall have a
total of two votes, the vote of any absent member being cast
by the member Present appointed by the same party. Decisions
of the Committee shall be by a majority of the votes cast.
5.2 Powers of the Committee. The Committee shall have the
following powers incident to the proper administration of the Plan:
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(a) To prescribe procedures to be followed by Employees in
filing application for benefits, and for the furnishings of
evidence necessary to establish rights to such benefits.
(b) To make conclusive determinations as to the rights of any
person applying for or receiving retirement benefits, and to
afford any such individual dissatisfied with any such
determination the right to a hearing thereon.
(c) To develop procedures for the determination and notification
to Employees of their Continuous Service, and after
affording Employees an opportunity to make objection with
respect thereto, to conclusively establish such Continuous
Service in advance of or at retirement.
(d) To obtain from the Company, from the Union, the Trustee or
insurance company, the Actuary and from Employees such
information as shall be necessary to carry out the
Committee's responsibilities, including all actuarial
valuations and all reports on assets and on receipts and
disbursements relating to the Pension Fund. Any such
actuarial report or valuation shall include, as a minimum, a
full statement of the actuarial assumptions employed.
(e) To establish appropriate procedure for authorizing the
Trustee or insurance company to make all disbursements to
Employees from the Pension Fund in accordance with the
provisions of the Plan.
(f) To furnish to the Company and the Union, upon request, such
reports with respect to the administration of the Plan as
are reasonable and appropriate.
5.3 Liability. The Committee and any member thereof shall be
entitled to rely upon the correctness of any information furnished by
the Trustee or insurance company, the Actuary, the Union or the Company.
Neither the Committee nor any of its members, nor the Union, any other
representative of the Union, nor the Company nor any officer or any
other representative of the Company shall be liable because of any act
or failure to act on the part of the Committee, or any of its members,
to any person whomsoever, except that nothing herein shall be deemed to
relieve any such individual from liability for his own fraud or bad
faith.
SECTION 6. DURATION OF AGREEMENT
6.1 Duration. This Agreement shall be effective as of January 1,
1970, and shall continue in full force and effect through and including
January 31, 2001. It shall be automatically renewed thereafter for
successive one year periods unless either party shall give written
notice to the other in accordance with the Railway Labor Act, as
amended.
6.2 Changes in Agreement. During the life of this Agreement,
neither party hereto shall demand any changes in this Agreement other
than as provided in Section 3 hereof, nor shall either party be required
to bargain with respect to this Agreement, nor shall a change in or
addition to this Agreement be an objective of or be stated as a reason
for any strike or lockout or other exercise of economic force or threat
thereof by the Union or by the Company.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first above written.
TRANS WORLD AIRLINES, INC.
By William L. Schecter
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS,
AFL-CIO
By William O'Driscoll
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AGREEMENT
BETWEEN
TRANS WORLD AIRLINES, INC.
AND
MECHANICS AND RELATED EMPLOYEES
IN THE EMPLOY OF TRANS WORLD AIRLINES.
INC. AS REPRESENTED BY THE INTERNATIONAL
ASSOCIATION OF MACHINISTS AND AEROSPACE
WORKERS, AFL-CIO.
This Agreement is made and entered into by and between TRANS WORLD
AIRLINES, INC., hereinafter known as the "Company", and MECHANICS AND
RELATED EMPLOYEES in the employ of Trans World Airlines, Inc. as
represented by the INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE
WORKERS, AFL-CIO, hereinafter known as the 'Union'.
It is mutually agreed to establish the Plan agreed to during
negotiations, subject to the receipt of a ruling from the Internal
Revenue Service that the Plan is qualified under Section 401 (a), that
the Trust described therein is exempt from taxation under Section 501
(a), that the Company's contributions thereto will be deductible under
Section 404 of the Internal Revenue Code of 1954.
The parties agree that, subject to such ruling, the Company will make
contributions to the plan effective February 1, 1970. Prior to receipt
of said ruling, the contributions will be paid to a bank or trust
company in escrow.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this
28th day of January 1970.
TRANS WORLD AIRLINES, INC.
/s/ D. J. Crombie
MECHANICS AND RELATED EMPLOYEES
in the employ of Trans World Airlines,
Inc. as represented by the INTERNATIONAL
ASSOCIATION OF MACHINISTS AND AEROSPACE
WORKERS, AFL-CIO
/s/ J. J. Schwind
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January 28, 1970
Mr. John J. Schwind
President-General Chairman
International Association of Machinists
and Aerospace Workers
District 142
206 East 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Schwind:
In order to continue the benefit accrual of an employee in the services
of Trans World Airlines, Inc. covered by the TWA-IAM Agreement in the
Retirement Plan for Machinists of Trans World Airlines, Inc. and the
Trust Plan of which he is a participating member, the Company agrees to
enter into the following arrangement with the Union in cases where such
employee is a TWA employee who is a full-time member of District 142
staff, or IAM Grand Lodge staff.
The Company will remit on behalf of the employee on such leave or
leaves of absence for the purpose indicated the full cost for the
basic Retirement Plan ("A" Plan).
The District will remit on behalf of the employee on such leave or
leaves of absence for the purpose indicated (and on its own
behalf) to cover contributions the Company would have made for the
employee, had the employee continued on active pay status and not
been on leave, the following:
(a) For the Trust Plan - Effective February 1, 1970, an amount
equal to 1% of the pay the employee received from the Union
while he is on off-payroll status with the Company. Further
an additional 1% of the pay effective February 1, 1971.
In addition, the employee will be permitted to continue
voluntary contributions to the Trust Plan based on the
monies paid to him by the Union.
(b) A monthly statement of the monies paid by the Union to such
employee after February 1, 1970.
The statements, together with the remittances, will be forwarded by the
Union to Director - Employee Benefits, Trans World Airlines, Inc., 11500
Ambassador Drive, Kansas City, Missouri 64153. The statement will show
the periods covered for each such employee, the employee's contribution
for such period, and the Union's contribution for the like period.
This agreement shall become effective as of February 1, 1970.
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If this is in accordance with your understanding, please sign in the
lower left-hand corner, where indicated.
Sincerely,
/s/ D. J. Crombie
D. J. Crombie
Vice President -
Industrial Relations
Agreed and Accepted:
/s/ J. J. Schwind
J. J. Schwind
166
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August 1, 1999
Mr. Ed LaClair
General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. LaClair:
This will confirm our understanding reached during negotiations that
when an employee is assigned to another point and/or location within a
metropolitan area, he will:
1. Be paid twenty cents (20 cents) per mile actual mileage plus
tolls between said point and/or location. If thereafter, the
mileage allowance as set forth in the Management Policy and
Procedures Manual 12.05.01 should be increased, the mileage
allowance set forth herein will be increased to the same
amount
or
2. Be provided round trip Company transportation to the
assigned point and/or location.
The above will apply until the employee is reassigned and reports back
to his regular assigned point and/or location.
Very truly yours,
/s/ Linda Ferchland
Linda Ferchland
Director Labor Relations
Agreed and Accepted:
/s/ Edward LaClair
Edward LaClair
167
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October 18, 1976
Mr. Quenton Kerr
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Kerr:
This will confirm our Agreement reached during negotiations that any
employee who is laid off subsequent to the effective date of this letter
and who meets the requirements as outlined in Article 5 will be entitled
to submit an application for an examination while on such laid off
status. It is understood and agreed that the following guidelines are
applicable to such employee who submits an application to take an
examination.
1. A laid off employee may apply for and complete only one
examination within any sixty (60) day period.
2. Applications shall be obtained and submitted as provided in
Articles 5(a)(3) and 5(a)(4) respectively. On the application form
as provided under Article 5(a)(4), a "laid off" employee will
designate "laid off" in the space provided for the supervisor's
name.
3. All written examinations of laid off employees shall be handled
through TWA-MCI training section.
4. Failure to appear for an examination at the designated time and
place will invalidate the application and the employee will not be
permitted to apply for any other examination while on laid off
status unless satisfactory reason is given.
5. All written examinations will be completed not more than thirty
(30) days after a laid off employee's application is received by
the Company. All laid off employees will have a completion date
effective sixty (60) days from the date the application is
received by the Company.
6. A laid off employee will be entitled to take only the written
portion of Part I of the mechanic examination. The written portion
of the examination will be given at a time and place designated by
TWA. The practical portion of the examination will be given on the
first work day of the employee's return to active status. It is
understood and agreed that the return to active status as provided
in this Letter of Agreement be subject to the satisfactory
completion of the practical examination. If the employee fails the
practical portion of the exam, it will be treated as a failure as
provided in 7 and it is further understood and agreed that the
provisions of Article 6(f)(10) shall not be applicable in such
instance.
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7. A laid off employee who fails to pass the examination will not be
permitted to take the same examination for one hundred and eighty
(180) days from the date of the previous examination.
8. Laid off employees not holding seniority in the Ramp Service or
Stores classifications will be permitted to take the examinations
for such classifications, while on laid off status, in accordance
with Article 5(c), (d), and (e).
9. To be eligible for recall or promotion under these provisions, a
laid off employee must submit a qualification sheet and/or have a
Company seniority bid on file. Employees who are recalled or
promoted and are subsequently found not qualified, will be laid
off, provided they are unable to return to the specialty at the
point from which reduced; and when so disqualified they shall lose
all rights to lay off pay. They shall have recall rights only to
the specialty at the point from which originally reduced or laid
off.
10. All other provisions of the Agreement not set forth herein shall
apply.
Very truly yours,
/s/ W. J. Dougherty
W. J. Dougherty
Vice President
Industrial Relations
Agreed and Accepted:
/s/ Quenton A. Kerr
Quenton A. Kerr
169
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October 18, 1976
Mr. Quenton Kerr
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Kerr:
It is understood and agreed that IAM-TWA Mechanics will be utilized to
maintain carry-on baggage X-ray equipment, passenger magnetic detection
equipment, and any other similar security equipment that may be placed
in use by the Company.
Very truly yours,
/s/ W. J. Dougherty
W. J. Dougherty
Agreed and Accepted:
/s/ Quenton A. Kerr
Quenton A. Kerr
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October 18, 1976
Mr. Quenton Kerr
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Avenue
Kansas City, Missouri 64116
Re: Coverage for LST Absences
Dear Mr. Kerr:
The Company will utilize the proper LST specialty to provide necessary
technical knowledge, guidance, and direction to other classifications in
trouble shooting complex aircraft systems in support of the requirements
of the service.
However, when the LST for his specialty is not on duty and the technical
expertise for that specialty is necessary, the Company will:
1. Have the other LSTs on duty examine the problem, and if able,
provide the necessary technical knowledge and assistance, or
2. Refer the work to the oncoming shift, or
3. Call in overtime for that LST specialty in accordance with the
local overtime procedure.
In no event will a foreman or other employees perform the functions of
the LST when LSTs are available to perform these functions.
Very truly yours,
/s/ W. J. Dougherty
W. J. Dougherty
Vice President
Industrial Relations
Agreed and Accepted:
/s/ Quenton A. Kerr
Quenton A. Kerr
171
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April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This will confirm the understanding reached during the negotiations
regarding the establishment of a Maintenance Evaluation Committee at the
Overhaul Base.
Effective with the signing of the TWA/IAM Agreement, a joint
Company/Union Committee will be established to continue to evaluate and
reassess the placement of units and parts in various categories, based
on the guidelines used by the Overhaul Base Committee during
negotiations leading to the Agreement signed April 10, 1992.
The Committee will be a permanent one that will continue to function as
new equipment is phased into the existing fleet or new aircraft are
added. Meetings and associated activities will be conducted on an "as
needed" basis.
The Committee will consist of four (4) members. Two (2) members selected
by the Union, and two (2) members selected by the Company. The Union and
Company may have one (1) alternate each to serve in the event their
regular members are not available. The Committee may establish rules
governing their procedures, consistent with the provisions of the
Agreement. A member of the Maintenance Department and the Grievance
Committee Chairman or their designated representatives may serve as co-
chairpersons to the Committee without vote.
The Committee will meet during regular day shift working hours, unless
otherwise mutually agreed to, and members will not suffer loss of pay
while performing their duties.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
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April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This will confirm the understanding reached during the negotiations
regarding the establishment of a 6(a) Committee at MCI/MBM.
The Committee will consist of four (4) members. Two (2) members selected
by the Union, and two (2) members selected by the Company. The Union and
Company may have two (2) alternates each to serve in the event their
regular members are not available.
Guidelines for the Committee shall be defined below:
6(a) Committee:
1. At MCI/MBM, it is agreed that the transfer of work or the
assignment of new work will be assigned to the appropriate
specialty by the Company. When such transfer of work takes place,
the Company and Union will agree on the disposition of the
personnel affected as a result of such transfer as provided for in
Article 6(a)(3) of the current TWA/IAM Agreement.
2. When the Company has determined they are considering transfer of
work and before the transfer occurs, the 6(a) Committee will be
activated to investigate the intended move and to reach a decision
as to whether the work is being assigned to the appropriate
specialty. They will also consider the method of transferring
personnel is such moves are needed.
3. The Committee may establish rules governing their procedures,
consistent with the provisions of the Agreement.
4. The 6(a) Committee will meet during regular day shift working
hours, unless otherwise mutually agreed to, and members will not
suffer loss of pay while performing their duties. A member of the
TWA Employee Relations Department and the Union President/General
Chairman or their designated representatives, may serve as Co-
chairpersons to the Committee without vote.
5. The Committee will complete its investigation in an expeditious
manner. In the event the Committee is unable to arrive at a
majority decision, a grievance may be filed in accordance with
provisions of Article 11, omitting Step I of the grievance
procedure.
6. The parties have reached this agreement to form a 6(a) Committee
with the intent of improving the manner in which work is
transferred at MCI/MBM. If in practice, the
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establishment of the committee does not result in the improvements
expected, the parties have an obligation to discuss and resolve
their differences.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
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October 18, 1976
Mr. Quenton A. Kerr
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Avenue
Kansas City, Missouri 64116
Re: Disability Income
Dear Mr. Kerr:
Effective the first pay period after April 10, 1992, the Disability
Income Plan will be revised to provide weekly disability income benefits
in the amount of 50% of weekly Basic Earnings, subject to the following
minimum and maximum amounts:
Minimum amount of weekly disability benefit: 20% of weekly Basic
Earnings
Maximum amount of weekly disability benefits: $975.00.
Weekly Benefits will be reduced by the amount of (1) any benefits
payable under compulsory state disability income plans and (2) any
disability benefits under the Federal Social Security Act, including
benefits for the Employee's dependents which are paid or payable (after
the first fifteen (15) months of disability.)
For the purpose of items (1) and (2) above, each employee who is covered
under the Federal Social Security Act will be considered to be receiving
periodic cash payments under such Act, in an amount equal to the amount
he and his dependents would receive were they receiving such payments,
unless the employee submits proof to the Insurance Company that such
payments have been applied for but are not payable.
Social Security Freeze - Weekly payments will not be reduced by any
increase in Social Security benefits made after weekly payments have
started.
Very truly yours,
/s/ W. J. Dougherty
W. J. Dougherty
Vice President
Industrial Relations
Agreed and Accepted:
/s/ Quenton A. Kerr
Quenton A. Kerr
175
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November 1, 1978
Mr. Quenton A. Kerr
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Kerr:
This is to confirm the agreement reached between the parties in the
current round of bargaining. The Company will honor those voluntary
payroll deduction authorizations made by IAM employees for the political
action fund which is designated by the Secretary-Treasurer of District
142.
Very truly yours,
/s/ J. C. Hilly
J. C. Hilly
Vice President
Labor Relations
Agreed and Accepted:
/s/ Quenton A. Kerr
Quenton A. Kerr
176
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<PAGE>
November 1, 1978
Mr. Quenton A. Kerr
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Kerr:
This is to confirm our agreement reached during negotiations that when
all employees in any IAM classification are furloughed from a point and
as a result there are no employees in that classification at that point,
any employee so furloughed who successfully displaces to another point
will be allowed
(1) $300.00 relocation expense plus either
(2) Actual moving expenses for household effects up to a maximum
of 3,000 pounds gross weight for a single employee and up to
a maximum of 8,000 pounds gross weight for an employee with
one dependent plus an additional 500 pounds gross weight for
each additional dependent or
(3) A sum of money equal to the existing tariff for moving 5,500
pounds of household effects between the two points.
All employees in that classification at that point who were furloughed
within one hundred and twenty (120) days prior to the date the last
employee in that classification was furloughed from that point who
successfully displaces to another point will be allowed
(4) $300.00 relocation expense plus either
(5) The amount of a substantiated bill from an ICC accredited
moving company not to exceed the allowances specified in (2)
above or
(6) A sum of money equal to the existing tariff for moving 5,500
pounds of household effects between the two points.
Very truly yours,
/s/ J. C. Hilly
J. C. Hilly
Vice President
Labor Relations
Agreed and Accepted:
/s/ Quenton A. Kerr
Quenton A. Kerr
177
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<PAGE>
November 1, 1978
Mr. Quenton A. Kerr
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Avenue
Kansas City, Missouri 64116
Dear Mr. Kerr:
The parties recognize that the current regulatory environment may
present serious competitive challenges which can adversely affect the
Company and its employees.
Accordingly, in order to provide the Company an opportunity to test new
markets with minimum disruption of the workforce, after the signing of
this Agreement, whenever the Company institutes scheduled flight
activity into a location not so presently served, the Vice President -
Labor Relations or his designee and the President-General Chairman of
District 142 or his designee will meet to discuss the application of the
TWA-IAM Agreement at that location in a timely way prior to the
institution of such service.
It is agreed and recognized that any agreement by the Union and Company
to waive or modify the TWA-IAM Agreement is to be temporary and sets no
precedent and is not to be referred to in future contract
interpretations and applications.
Very truly yours,
/s/ J. C. Hilly
J. C. Hilly
Vice President
Labor Relations
Agreed and Accepted:
/s/ Quenton A. Kerr
Quenton A. Kerr
178
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<PAGE>
January 28, 1983
Mr. Quenton A. Kerr
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. Kerr:
This is to confirm our agreement that TWA-IAM Guards will perform the
required passenger screening function at TWA-JFK facilities including
passengers of all other carriers using those facilities.
It is further agreed that the action taken by the Company to resolve
this issue in the manner described above will not in any way be referred
to by either party in regard to any question relating to the
establishment of the IAM Guard classification at any point for the
purpose of performing the passenger screening function nor will this
action reverse the precedent set in arbitration decisions rendered on
this issue.
Very truly yours,
/s/ Ralph P. Craviso
Ralph P. Craviso
Director Labor Relations, Ground
Agreed and Accepted:
/s/ Quenton A. Kerr
Quenton A. Kerr
179
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<PAGE>
January 28, 1983
Mr. Quenton A. Kerr
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. Kerr:
It is agreed between the parties that the following sequence will be
used by the Company in filling Crew Chief openings in classifications
Crew Chief Mechanic and below:
(1) Restoration of forces, that is, recall the most senior reduced
Crew Chief(s) at the point or on lay off status at the point. All
Crew Chief opening(s) will be filled by such employee(s) in
seniority order. If a Crew Chief opening(s) still exists after
exhausting this procedure, then (2) below will be followed.
(2) If a Crew Chief opening(s) still exists, the Company will consider
the opening(s) to be in the basic classification and will recall
to the point the most senior employee(s) with recall rights in the
basic classification.
(a) After recalling such employee(s), the Crew Chief position(s)
will be filled by the senior reduced Crew Chief(s) at the
point.
(b) If the Crew Chief opening(s) remain unfilled, the Company
will bid the Crew Chief position(s) in accordance with
Article 10.
The above procedure will be followed only when the Crew Chief opening(s)
adds to the total headcount in the combined Crew Chief and basic
classification at the point.
Very truly yours,
/s/ Ralph P. Craviso
Ralph P. Craviso
Director Labor Relations, Ground
Agreed and Accepted:
/s/ Quenton A. Kerr
Quenton A. Kerr
180
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<PAGE>
January 28, 1983
Mr. Quenton A. Kerr
President-General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. Kerr:
During the course of negotiations leading to this Agreement, the parties
discussed the problems related to reduction in force in the basic
classification vis-a-vis the Crew Chief classification.
The parties agree that prior to any reduction in force the Company will
review the staffing needs subsequent to the reduction and if appropriate
effect a reduction in the Crew Chief classification concurrently with
the reduction of the basic classification.
This letter is not intended by the parties to determine Crew Chief
staffing by the Company.
Very truly yours,
/s/ Ralph P. Craviso
Ralph P. Craviso
Director Labor Relations, Ground
Agreed and Accepted:
/s/ Quenton A. Kerr
Quenton A. Kerr
181
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April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This is to confirm the agreement reached between the parties during
negotiations concerning the receipt and dispatch of aircraft and
deicing.
At stations other than the Overhaul Base, Technical Service locations,
and major stations where mechanics are staffed, the crew chief mechanic
shall be responsible for the receipt and dispatch functions and deicing.
When a mechanic is not available, he may utilize a ramp serviceman to
assist.
At stations where mechanics are not staffed, the crew chief ramp
serviceman shall have the responsibility for receipt and dispatch and
deicing functions.
At stations where station agents are staffed, the Employee in Charge
shall have the responsibility for receipt and dispatch and deicing
functions.
All receipt and dispatch and deicing functions will remain included in
the computation of Mechanic's work in determining whether Mechanic
staffing is required under the Four Hour Rule.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
182
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April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This is to confirm the agreement reached during negotiations regarding
the denial of Worker's Compensation benefits because of controverted
claims.
When an employee is denied weekly worker's compensation benefits because
the claim is controverted, the employee shall, upon proper application,
be paid weekly disability income, under the weekly disability income
program, until the issue has been resolved. Proper application shall
include a representation by the employee that in the event the claim is
later determined to be compensable as an industrial injury, there will
be no duplication of benefits.
If the foregoing accurately reflects your understanding of our
agreement, please sign where indicated below.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
183
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April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This is to confirm the agreement reached between the parties during
negotiations concerning the greasing and oiling of automotive and non-
motorized ground equipment.
It is agreed that when such equipment is being repaired or having
periodic maintenance performed by Mechanics, a Mechanic will be
responsible for changing or adding oil and greasing.
When such equipment is not in the garage for preventative maintenance or
repair, Rampservicemen shall be responsible for adding oil and greasing
as set forth in Article 4(a)(13).
At locations where Mechanics are not staffed, the current practice will
continue.
If the foregoing accurately reflects our understanding, please sign
where indicated below.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
184
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<PAGE>
April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Re: Station Staffing Review Committee
Dear Mr. O'Driscoll:
This will confirm the agreement of the parties to establish a standing
committee. The function of this committee shall be to review whether or
not to staff mechanics and/or ramp servicemen at stations on the TWA
system where they are presently not staffed.
In determining whether a particular station(s) exceeds the four hour
rule, (man-minute calculation for the Four-Hour Rule shall be mutually
agreed upon by the parties.) the committee shall evaluate the amount of
work described in Article 4 (Job Description) of the TWA/IAM Agreement
in the context of the existing and anticipated flight schedules.
When the committee has determined that a station(s) activity has
exceeded the Four Hour Work Rule on a shift and/or new hub cities are
opened, the Company will staff the station(s) with the appropriate
classification(s) in accordance with Article 2 (Scope of Agreement) and
Article 4 (Classification of Work) of the TWA/IAM Agreement.
If the foregoing accurately reflects your understanding of our
agreement, please sign where indicated below.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
185
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<PAGE>
April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Re: Procedures for Emergency Overtime
Dear Mr. O'Driscoll:
This will confirm our understanding regarding the procedures for calling
emergency overtime.
1. The Company will notify the Union Representative on duty of the
nature of the emergency, the anticipated duration of the emergency
and the number of people needed.
2. Prior to declaring an emergency, the Company will make every
reasonable effort to secure voluntary overtime and ask for
volunteers.
3. Overtime (pre-shift) will continue to be solicited to relieve the
people affected by the emergency.
4. Employees forced to work will be held in the inverse order of
seniority.
5. An up-to-date crew list with seniority dates will be kept in the
Overtime Office and Supervisor's Office.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
186
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<PAGE>
April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This will confirm our understanding reached during negotiations leading
to the Agreement dated April 10, 1992, as to the eligibility of
employees to take Mechanic examinations.
Employees in classifications below mechanic, enrolled in a mechanic
specialty program, in an accredited school or college, will be eligible
to apply for a mechanic examination in that specialty providing his her
qualification sheet on file contains a record of such enrollment 60 days
prior to the successful completion of the course.
The employee will be eligible to bid for that specialty providing he/she
has met the requirements of Article 5(a)(20)(b) and Article 6(f)(12)(b)
of the Agreement. The employee must complete the course for that
specialty prior to filling the vacancy.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
187
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<PAGE>
April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
The parties, having discussed the growing shortage of qualified
mechanics in the industry, agree that it is in their mutual interest to
continue to discuss and on a mutually agreeable basis experiment with
new upgrading techniques and to explore new on the job and off duty
training programs.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
188
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<PAGE>
August 1, 1999
Mr. Edward LaClair
General Chairman
District Lodge 142
400 NE 32nd Street
Kansas City, MO 64116
Dear Mr. LaClair:
This will confirm our understanding reached during negotiations
concerning Transitional Duty for employees with a temporary disability.
1. An employee returning from illness or injury may be given a
transitional duty assignment providing such transitional duty
assignment is available in his classification and on his bid
shift. If no assignment is available in his classification on his
bid shift, he may be given a transitional duty assignment in a
different classification and/or shift by mutual agreement between
the local management and the IAM Grievance Committee (except MCI -
Relief Committee).
2. Transitional duty assignments shall be for a period of up to
ninety (90) days. By mutual agreement between local management
and the IAM Grievance Committee (except MCI - Relief Committee).
Such assignment may be extended in up to thirty (30) days
increments.
3. Employees on transitional duty assignment will not be eligible to
work overtime during such assignments.
4. Employees on transitional duty assignment will observe all
holidays.
5. Transitional duty assignments will be made based on the employee's
ability to perform work.
6. The local IAM Grievance committee shall be advised in advance of
any employee being assigned to transitional duty. The Local
Manager or his designee shall meet with the Local IAM Grievance
Committee periodically to review any complaints raised by
employees about the use of transitional duty at the location.
7. This provision shall in no way limit the rights of an employee who
is covered by the Americans with Disabilities Act.
Very truly yours,
/s/ Linda Ferchland
Linda Ferchland
Agreed and Accepted: Director Labor Relations - Ground
/s/ Ed LaClair
Ed LaClair
189
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April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This will confirm conversations between the Company and the Union during
the course of negotiations leading to the IAM-TWA Agreement signed April
10, 1992.
In instances where the manufacturer of aircraft parts or components
offers a warranty on its product, the parties agree that work to be
performed under the warranty is work within the jurisdiction of
employees covered by the Agreement.
The parties acknowledge, however, that any work performed by non-
bargaining unit employees under an original manufacturer's warranty
would be justified. In addition, the purchase of an extended warranty
may be justified under certain circumstances, such as cost of tooling or
infrequency of maintenance.
Purchase of an extended warranty will be subject to the Union's
agreement which will not be unreasonably withheld in accordance with the
principles stated herein.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
190
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<PAGE>
April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This will confirm our understanding reached during negotiations which
led to the Agreement dated March 1, 1992.
The Company will establish the Metal and Machine Shop Specialties at the
St. Louis Technical Service location. The Company will post the
necessary vacancies for bid among the St. Louis mechanic group not later
than thirty (30) days after the signing of the Agreement.
Thereafter the Company will modify the bidding document to include the
additional specialties.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
191
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<PAGE>
April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This will confirm our understanding reached during negotiations that in
the event of a merger, acquisition, combination or any comparable
transaction in which (1) TWA is the surviving carrier and (2) the NMB
has determined that no certifications for the crafts or classes
currently represented by the IAM exist post-transaction, TWA hereby
agrees to recognize the IAM for the purposes of collective bargaining
for employees in such crafts or classes.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
192
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COMBINING RE&I MECHANIC SPECIALTIES INTO ONE SPECIALTY NAMED AVIONICS
The following constitutes our understanding of the above subject. The
existing specialties and seniority groups will be changed as follows:
MCI
---
Instrument, Electrical and Radio specialties combined into a specialty
named Avionics. The seniority groups at MCI will be:
1. Airframe Hangar
2. Airframe Shop
3. Power Plant Shop
MBM
---
Electro and Electronics specialties combined into a specialty named
Avionics.
LAX
---
Electro and Electronics specialties combined into a specialty named
Avionics.
SFO
---
Radio/Electric into a specialty named Avionics.
STL
---
Electro and Electronics specialties combined into a specialty named
Avionics. The seniority groups at STL will be:
1. Hangar/Line Avionics
2. Shop Avionics
NYC METRO
---------
Electro and Electronic specialties combined into a specialty named
Avionics.
SECURITY
No reductions will result from these combinations.
LICENSE REQUIREMENTS
1. No new requirements will be instituted unless required by the
appropriate section of the TWA/IAM Agreement or new government
regulations. An FCC license is not presently required for this
specialty per the revised FCC rules effective November 11, 1984.
193
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2. The position of Crew Chief Mechanic, Avionics Airframe Shop, shall
require the possession of the General Radio Telephone license. An
exception to the above is made for all personnel who, upon the
date of signing of this Agreement, are eligible to bid for crew
chief positions in RE&I Shops (specifically having passed the Part
II examination for any of the existing RE&I specialties). Further,
any Personnel successfully completing the existing Part II exam
for any one of these specialties within six (6) months following
the signing of this agreement shall be eligible for bidding for
crew chief positions.
SENIORITY LISTS
All persons currently in the affected specialties will be considered
qualified for the new specialty of Avionics, The individual seniority
lists will be combined into a common seniority list for each seniority
group (seniority groups are listed in the beginning of this document).
QUALIFICATIONS
Those employees possessing the Part I Electric/Electro exam or who
previously completed a trial period in any one of the Radio/Electronics,
Electric/Electro, or Instrument specialties or who possess a Radio-
telephone license, will be considered qualified for the Avionics
specialty.
Those employees who possess the Part II exam in any one of the
Radio/Electronics, Electric/Electro, or Instrument specialties prior to
the signing of this agreement or who pass any of the existing Part II
exams in the six (6) months following the signing of this agreement will
be considered qualified for an Avionics specialty crew chief position.
CREW CHIEFS
No reduction of Crew Chiefs will result from the specialty combination
contained in this agreement.
MECHANIC EXAMINATIONS
Exams for the new specialty "Avionics" will be created as soon as
possible. The "Joe Doke's" bidding guide will be revised to reflect the
specialty champs.
REASSIGNMENT OF WORK
It is recognized that some work tasks presently performed by the various
RE&I specialties may, by its nature, be more appropriately accomplished
by a mechanical related specialty. These changes will be effected
through "6A" committee established by separate letter signed
concurrently with this agreement.
TRAINING
In order for the new specialty of "Avionics" to be effective,
considerable additional training will be needed. A training curriculum
will be established as soon as practical. The availability of qualified
instructors, vendor training classrooms, and related items, make a
calendar
194
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commitment impossible at this time, but every effort will be made to
expedite a time table. Field locations will provide training as required
to insure the effectiveness of the new specialty and to meet operational
requirements. This training will also be expedited.
VACATIONS
For the calendar year 1992, vacation selection was based on separate
seniority lists for the specialties combined in this agreement. No
forced vacation re-selections are to occur as a result of shift/day off
realignments caused by these combinations during the calendar year 1992.
Movement between the new seniority groupings via the bid procedure
during 1992 will be subject to the terms of the agreement. Beginning in
1993, vacation selection will be from the new specialty "Avionics"
seniority lists for each seniority grouping.
SHIFT AND DAY OFF BIDS
Utilizing the combined seniority lists, a shift and day off realignment
will be completed within thirty (30) days following the signing of this
agreement.
OVERTIME
Until adequate training is completed, overtime requirements may be
handled utilizing the original separate seniority lists. When sufficient
training is completed, overtime will be called using the combined
seniority lists. Since training requirements vary by seniority group, no
firm calendar can be made for all areas. However, in no case will the
separate lists be utilized in excess of twelve (12) months. Individuals
transferring into a department that is utilizing separate seniority
lists for overtime solicitation will be placed on the appropriate
overtime list based on their general skills and work experience until
such time as training levels allow the use of the combined lists.
The Parties have reached this agreement with the intent of improving the
operations. If in practice these changes do not result in the desired
improvements, the parties have an obligation to discuss and resolve the
problem areas.
Dated: April 10, 1992
/s/ William L. Schecter
/s/ William O'Driscoll
195
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COMBINATION OF RE&I INSPECTION INTO A&P INSPECTION GROUP
The following constitutes our understanding of the above subject. The
MCI Radio/Electric Inspection group and the MCI Instrument Shop
Inspection group will be merged into the MCI Airframe Overhaul
Inspection group.
SECURITY
Effective, with the signing of this agreement, the four (4) existing MCI
Radio/Electric Inspectors and the two (2) existing MCI Instrument Shop
Inspectors will be merged into the MCI Airframe Overhaul Inspection
group. Of the six (6) existing RE&I Inspectors, four (4) presently have
the qualification (hold an A&P license) required for an Airframe
Overhaul Inspector and they can be immediately placed in the Airframe
Inspection group by merging their inspection seniority with the existing
Airframe Overhaul seniority list. The inspection seniority will permit
them to hold the shift and days off of their choice. One of these four
is a Crew Chief Inspector. He is qualified as a Crew Chief Airframe
Overhaul Inspector and his crew chief seniority will permit him to hold
the shift and days off of his choice.
The two (2) remaining RE&I Inspectors, R. K. Blundell and J. C. Frazer,
do not presently hold the FAA A&P license required for the Airframe
Inspection group. These two inspectors will be maintained as "shop"
inspectors.
CREW CHIEFS
No reduction of Crew Chiefs will result from this merger of groups.
TRANSFER OF WORK
Existing RE&I Inspector work tasks will be transferred to the Airframe
Overhaul Inspector group.
VACATIONS
For the calendar year 1992, vacation selection was based on separate
seniority lists for the specialties combined in this agreement. No
forced vacation reselection will occur as a result of shift/day off
realignments caused by this merger during 1992. Movement between
seniority groups via the bid procedure during 1992 will be subject to
the terms of the agreement. Beginning in 1993, vacation selection will
be from the single merged seniority list for the Airframe Overhaul
seniority group.
SHIFT/DAY OFF REALIGNMENT
Within thirty (30) days of the signing of this agreement, a shift/day
off realignment will be conducted in the Airframe Overhaul Inspection
group.
Dated: April 10, 1992
/s/ William L. Schecter
/s/ William O'Driscoll
196
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COMBINATION OF LST ELECTRICAL AND ELECTRONICS SPECIALTIES AT JFK AND LAX
INTO LST AVIONICS SPECIALTY
The following constitutes our understanding of the above subject.
Effective with the signing of this agreement, the LST specialties of
Electrical and Electronics at JFK and LAX (the only locations where
these specialties exist) will be merged into the LST specialty of
Avionics. Thereafter, the LST specialties of Electrical and Electronics
will no longer exist.
SECURITY
Individuals holding seniority in the LST specialties of Electrical or
Electronics will be deemed qualified for the LST specialty of Avionics.
VACATIONS
For the calendar year 1992, vacation selection was based on the separate
specialties seniority lists. No forced vacation re-selection will occur
as a result of the above combination of specialties.
TRAINING
Additional training will be required to ensure the individuals involved
in this combination are fully competent in the specialty of Avionics.
The Company will expedite this training as much as practical considering
the availability of instructors, classrooms, etc.
Dated: April 10, 1992
/s/ William L. Schecter
/s/ William O'Driscoll
197
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COMBINATION OF PLANT MAINTENANCE ELECTRICAL AND PLANT MAINTENANCE
INSTRUMENT
MCI
Plant Maintenance Electrical and Plant Maintenance Instrument
specialties combined into a specialty named Plant Maintenance
Electronics.
SECURITY
No reductions will result from this combination.
CREW CHIEF MECHANIC
No reduction of Crew Chiefs will result from the specialty combination
contained in this Agreement.
The position of Crew Chief Mechanic, for all personnel who, upon the
date of signing this Agreement, are eligible to bid for Crew Chief
positions in Plant Maintenance Instrument and Plant Maintenance
Electrical (specifically having passed the Part II examination for any
existing P/M Electrical and P/M Instrument specialties). Further, any
personnel successfully completing the existing Part II exam for any of
these specialties within six (6) months following the signing of this
Agreement shall be eligible for bidding for Crew Chief positions.
SENIORITY LISTS
All persons currently in the affected specialties will be considered
qualified for the new specialty of Plant Maintenance Electronics. The
individual seniority list will be combined into a common seniority list.
QUALIFICATIONS
Those employees possessing the Part I Plant Maintenance Electric Exam or
Plant Maintenance Instrument Exam, or who previously completed a trial
period in any one of the Plant Maintenance Electrical or Plant
Maintenance Instrument specialties will be considered qualified for the
Electronics specialty.
Those employees who possess the Part II exam in any one of the Plant
Maintenance Electrical or Plant Maintenance Instrument specialties prior
to the signing of this Agreement or who pass any of the existing Part II
exams in the six (6) months following the signing of this Agreement will
be considered qualified for a Plant Maintenance Electronics specialty
Crew Chief position.
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MECHANIC EXAMINATIONS
Exams for the new specialty "Plant Maintenance Electronics" will be
created as soon as possible. The "Joe Dokes" bidding guide will be
revised to reflect the specialty changes.
TRAINING
In order for the new specialty of Plant Maintenance Electronics to be
effective, considerable additional training will be needed. A training
curriculum will be established as soon as practical. The availability of
qualified instructors, vendor training, classrooms, and related items,
make a calendar commitment impossible at this time, but every effort
will be made to expedite a timetable. Field locations will provide
training as required to insure the effectiveness of the new specialty
and to meet operational requirements. This training will also be
expedited.
VACATIONS
For the calendar year 1992, vacation selection was based on separate
seniority lists for the specialties combined in this Agreement. No
forced vacation re-selections are to occur as a result of shift/day off
realignments caused by these combinations during the calendar year 1992.
Beginning in 1993, vacation selection will be from the new specialty
Plant Maintenance Electronics seniority lists.
SHIFT AND DAY OFF BIDS
Utilizing the combined seniority lists, a shift and day off realignment
will be completed within thirty (30) days following the signing of this
Agreement.
OVERTIME
Until adequate training is completed, overtime requirements may be
handled utilizing the original separate seniority lists. When sufficient
training is completed, overtime will be called using the combined
seniority lists. Since training requirements vary by seniority group, no
firm calendar can be made for all areas. However, in no case will
separate lists be utilized in excess of twelve (12) months. Individuals
transferring into a department that is utilizing separate seniority
lists for overtime solicitation will be placed on the appropriate
overtime list based on their general skills and work experience until
such time as training levels allow the use of the combined lists.
The parties have reached this Agreement with the intent of improving the
operations. If in practice these changes do not result in the desired
improvements, the parties have an obligation to discuss and resolve the
problem areas.
Dated: April 10, 1992
/s/ William L. Schecter
/s/ William O'Driscoll
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JOINT TWA-IAMAW DRUG AND ALCOHOL POLICY
I. Preamble - It is the policy of TWA and the IAM to protect the
--------
health and safety of all employees of the Company. An employee's
misuse of drugs or alcohol on the job not only endangers the
employee himself, but also threatens the safety of co-workers and
members of the traveling public.
The primary goal of this policy is to encourage employees who are
experiencing difficulty with drugs or alcohol to undertake
immediate and effective measures to address such problems
voluntarily. While the emphasis is on voluntary treatment, the
parties recognize the need for the enforcement of reasonable rules
for regulating employee conduct in the workplace.
II. Rehabilitation - The TWA-IAM Special Health Services Program is an
--------------
employee assistance program jointly administered by representatives
of the Company and the Union.
Employees in need of assistance who contact Special Health
Services representatives will be referred for appropriate
treatment within their own communities. Institutions or outside
services which are utilized in such rehabilitation shall be
selected by a committee made up of one TWA and one IAM
representative. The cost of treatment will be paid through the
group medical insurance policy.
When an employee requests the assistance of Special Health
Services, such request and any referral will be held in strict
confidence. Neither supervisory personnel nor Union officials will
be informed of the nature of an employee's participation in the
program without his consent. If an employee must be absent from
work in order to participate in the program, such absence will
normally be coded in Company attendance records only as a
"personal illness - Special Health Services".
III. Testing - The first step in addressing the problem of drugs and
-------
alcohol in the workplace is that of identifying the substance
abuser. Therefore, testing shall be conducted under the following
circumstances.
1. When there is a reasonable suspicion that an employee is
under the influence of or impaired by alcohol or drugs, that
employee may be required to undergo testing to confirm or
disprove the suspicion. This is called testing "for cause".
Any employee refusing to submit to a test where reasonable
suspicion exists shall be discharged.
2. An employee who has been found to be under the influence of
or impaired by alcohol or drugs within the preceding two
years may be tested at any time. This is called "random"
testing.
3. Employees will be tested as required by regulations of the
Department of Transportation or other governmental agency.
Such testing includes both testing for cause and random
testing.
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The following general principles will apply to testing:
The Company's knowledge of off duty possession or use of drugs
and/or alcohol by an employee within twenty-four (24) hours of the
time such employee reports to work may be used as grounds for
testing such employee. The Company's knowledge of such possession
or use outside of said twenty-four (24) hour period shall not be
grounds for testing.
Any employee who is required to submit to urinalysis and who
requests will be permitted to give a split sample that will be
submitted to a licensed, accredited laboratory selected by the IAM
and agreed to by TWA. TWA will bear the cost of such test. If
split samples are submitted and the results are one positive and
one negative finding, the results shall be considered negative.
Both tests must be positive on a substance to be considered
positive. Both TWA and the IAM will receive copies of the results
of both samples.
The parties agree that a laboratory's positive finding of drugs
and/or alcohol is conclusive.
All testing shall be performed at a laboratory or medical facility
off TWA property. However, a simple, preliminary alcohol test
which does not require drawing blood will be given (on or off TWA
property) and only if the results of such tests are positive will
a blood test be administered.
In the event of an accident where the Company is considering
testing an employee involved, a shop steward or other Union
representative, where available, shall be allowed to participate
in such investigation. The final determination concerning the
results of such investigation shall be by the Company.
In the event of an accident requiring first aid, such first aid
will be administered prior to any drug or alcohol testing.
IV. Disciplinary Guidelines - Employees who are found actually
-----------------------
drinking or possessing or taking drugs or alcohol while on Company
premises will be subject to discipline up to and including
discharge.
The Company's knowledge of off duty possession or use of drugs
and/or alcohol by an employee within twenty-four (24) hours of the
time such employee reports for work shall not be used as grounds
for discipline for the first occurrence but may be grounds for
testing such employee.
Employees who are suspected of drug or alcohol use, who are first
offenders and who are not involved in accidents but who test
positive will not be discharged but must successfully complete a
rehabilitation program implemented and supervised by TWA and IAM
personnel.
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Employees involved in an accident who are suspended and test
negative shall be returned to work and made whole for such
suspension before discipline is assessed concerning the accident.
Employees who are involved in an accident and test positive may be
disciplined for the accident. They may not, however, be
disciplined for using drugs or alcohol if the instance is the
first occurrence under the policy. If such employee receives
discipline less than discharge, then such employee must also
successfully complete a rehabilitation program supervised by TWA
and IAM personnel.
Any employee who does not successfully complete the rehabilitation
program may be discharged.
Any employee entering a rehabilitation program after testing
positive will be subjected to random testing during the course of
the program and for three months after successful completion of
the Program. However, in no event shall such random testing period
exceed two years from the employee's return to work and if such
employee tests positive as a result of the random tests, he may be
discharged.
Any employee who tests positive within two years from the date he
enters a rehabilitation program may be discharged. An employee who
tests positive at any time after two years from the date he
entered such a program shall be referred to a joint Company-Union
established committee for disposition of his case. Such committee
shall be made up of one Company and one Union representative. If
such committee cannot agree, the case shall be submitted to a
neutral party jointly selected by the parties who is considered to
be an expert in matters of this kind and such neutral shall have
authority to make final determination which shall be binding upon
both parties.
V. General - The Union will select one employee who will work full
-------
time on matters related to this program and who shall be paid on
the same basis as a Full-Time Committeeman.
The parties agree that changes in Federal laws or regulations
affecting this policy shall be reviewed by the TWA and IAM
representatives and such policy shall be amended to comply with
such changes. Where state laws are found to be inconsistent with
such new policy, these two representatives shall meet and agree
upon how the policy shall be applied in such states.
Dated: April 10, 1992
/s/ William L. Schecter
/s/ William O'Driscoll
202
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April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This will confirm our agreement reached during negotiations that Trans
World Airlines, Inc. ("TWA") will establish and maintain a Labor
Advisory Board of which the initial members shall be a Vice Chairman of
TWA and two representatives of the International Association of
Machinists and Aerospace Workers (the "IAM"). The Labor Advisory Board
will meet at least quarterly and at least two (2) business days prior to
each regularly scheduled TWA Board of Directors (the "Board') meeting
and, to the extent practicable, each special Board meeting. At the
option of the members, such meeting may be had by telephone. Otherwise,
such meetings shall be held at the TWA offices in Mt. Kisco, New York or
at such other location in the New York metropolitan area as the members
shall select.
The IAM representatives who are members of the Labor Advisory Board
shall have the right to submit written presentation(s) or suggestion(s)
not exceeding twenty (20) typewritten pages in length to the Board in
connection with any regularly scheduled meeting or, to the extent
practicable, any special meeting. If not satisfied with the report
concerning the Board's consideration of any such written presentation or
suggestion, the Labor Advisory Board shall have the right to appear at
the next regular Board meeting or the next special Board meeting, to the
extent practicable, for the purpose of making such presentation or
suggestion in person.
If any other craft or class of employees of TWA represented by a labor
organization shall obtain more favorable corporate governance
participation rights than those provided for in this letter, the IAM
shall at its option be entitled to such more favorable corporate
governance participation rights.
TWA's representative on the Labor Advisory Board shall serve as the
Labor Advisory Board's official liaison with Senior Management of TWA
and the Board. The responsibilities of TWA's representative on the Labor
Advisory Board shall be to advise the Senior Management of TWA and the
Board. TWA agrees to make members of Senior Management available to the
Labor Advisory Board on reasonable notice.
203
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If the Vice Chairman initially designated by TWA to serve on the Labor
Advisory Board shall be unavailable for any reason to serve in the
capacity specified in this letter, the TWA Board shall, after
consultation with the other members of the Labor Advisory Board,
designate a successor who shall be reasonably acceptable to the
remaining members of the Labor Advisory Board.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relation's
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
204
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April 10, 1992
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This is to confirm our agreement that the Supplement to the Collective
Bargaining Agreement dated as of April 10, 1992, which provides for
protective covenants, the payment of miscellaneous fees and other
benefits is incorporated by reference into the Collective Bargaining
Agreement. This letter is not intended to modify in any way the terms of
the Supplement including without limitation the duration and termination
provisions.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Staff Vice President
Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
205
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August 31, 1994
William O'Driscoll
President - General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 NE 32nd Street
Kansas City, MO 64116
Re: Cross Utilization Between Ramp
Service Seniority Groups
Dear Mr. O'Driscoll:
This letter will confirm our agreement concerning the Company's ability
to cross utilize employees in the ramp service and ground service
seniority groupings.
The parties agree that the Company may assign qualified ramp service and
ground service employees to duties of the other seniority grouping as
necessary to support the needs of the operation.
The Company may not, however, so assign an employee who is on overtime
unless voluntary overtime from within the seniority grouping in which
the work is to be performed has been exhausted.
Very truly yours,
/s/ William L Schecter
William L. Schecter
Vice President Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
206
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August 31, 1994
Mr. William O'Driscoll
President - General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, MO 64116
SUBJECT: Mechanic and Related Agreement
Full-Time Committee Staffing
Dear Mr. O'Driscoll:
This letter will confirm our agreement to review full-time union
representative staffing in Kansas City, Chicago, Philadelphia and Los
Angeles. Necessary adjustments to staffing will become effective
January 1, 1995 or as otherwise agreed to.
Very truly yours,
/s/ Edward J. Paquette
Edward J. Paquette
Senior Vice President Operations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
207
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August 31, 1994
Mr. William O'Driscoll
President - General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
SUBJECT: Shift Staffing Deviation
Assistant Ramp Service
Dear Mr. O'Driscoll:
This letter will confirm our agreement, that at a particular location
should a deviation for shift staffing be necessary, that management will
meet with the local grievance committee and where the need is
demonstrated for such deviations, the parties will resolve the details
for staffing, assisted by the General Chairperson assigned to that
location.
Very truly yours,
/s/ Edward J. Paquette
Edward J. Paquette
Senior Vice President Operations
Agreed and Accepted:
/s/ W. O'Driscoll
William O'Driscoll
208
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August 31, 1994
Mr. William O'Driscoll
President - General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, MO 64116
SUBJECT: Assistant Ramp Service and
Part-Time Guard Benefits
Dear Mr. O'Driscoll:
This letter will confirm our agreement that Ramp Service and Guard
employees who are subject to furlough after the signing of this
agreement, and who fill Assistant Ramp Service and Part-Time Guard
vacancies will retain their current medical and dental benefits for
themselves and their eligible dependents.
Very truly yours,
/s/ Edward J. Paquette
Edward J. Paquette
Senior Vice President Operations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
209
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August 31, 1994
Mr. William O'Driscoll
President - General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, MO 64116
SUBJECT: Assistant Ramp Service and
Part-Time Guard Vacancies at a Location
Dear Mr. O'Driscoll:
This will confirm our agreement that ramp service and guard employees
who are subject to furlough after the signing of this agreement at a
location where assistant ramp service and part-time guard vacancies are
created will be permitted to fill these vacancies in seniority order
prior to the vacancies being filled by system bid. Their election not
to seek such vacancies will not affect their rights under Article 6 of
the TWA-IAM Agreement.
Very truly yours,
/s/ Edward J. Paquette
Edward J. Paquette
Senior Vice President Operations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
210
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August 31, 1994
Mr. William O'Driscoll
President - General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, MO 64116
Subject: Assistant Ramp Service and
Part-Time Guard Vacancies
Dear Mr. O'Driscoll:
This letter will confirm our agreement that employees who are subject to
furlough after the signing of this agreement, and elect to fill
Assistant Ramp Service and Part-Time Guard vacancies at the time of
their furlough will retain and continue to accrue seniority in their
respective classifications from which he/she was reduced.
If at a later date such employee desires to leave the Assistant or Part-
Time position, he/she may do so without forfeiting seniority and recall
rights in the higher classification(s). Such employees, however, who
elect to leave these positions will not be eligible to receive furlough
pay or furlough benefits.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Vice President Labor Relations
Agreed and Accepted:
/s/William O'Driscoll
William O'Driscoll
211
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August 31, 1994
Mr. William O'Driscoll
President - General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, MO 64116
Subject: Additional Staffing
Third Party Contract Work
Dear Mr. O'Driscoll:
This is to clarify the agreement reached regarding additional staffing
for third party contract work.
When additional staffing (Assistant RSP and P/T Guard) is required and
agreed to for third party contract work, all such positions will be
deemed to be temporary. The parties will agree upon the number of
positions in each classification at each location which are attributable
to such temporary work. Because the positions are temporary, reduced
employees who have recall rights to the affected classifications may
refuse recall and continue to retain their seniority and recall rights
pursuant to Article 6(d)(7) of the TWA-IAM Agreement. This will not be
deemed a refusal of recall.
When this additional staffing is implemented, all such employees will be
covered by the collective bargaining agreement for all purposes.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Vice President Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
212
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August 31, 1994
William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 NE 32nd Street
Kansas City, MO 64116
Subject: Assistant Ramp Service/Part-Time Guard Expiration
Dear Mr. O'Driscoll:
This letter will confirm our agreement reached during negotiations
concerning Assistant Ramp Servicemen and Part - Time Guards.
It is agreed that the amendments to the Assistant Ramp Serviceman letter
of agreement and the provisions of the Part -Time Guard letter of
agreement agreed to in the course of these negotiations will expire
effective August 31, 1997.
The status quo as of the amendable date of this Agreement with regard to
the Assistant Ramp Serviceman letter of agreement will, therefore, be
the provisions of the letter of agreement on page 126 of the TWA-IAM
Agreement signed April 10, 1992 and the status quo with regard to Part -
Time Guards will be the relevant provisions of Article 7 (Hours of
Service) of the TWA-IAM Agreement signed April 10, 1992.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Vice President Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
213
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August 31, 1994
Mr. William O'Driscoll
President - General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 NE 32nd St.
Kansas City, MO 64116
Subject: Meal Pickup and Delivery - JFK/LAX
Dear Mr. O'Driscoll:
This will confirm our agreement that ramp service employees will
continue to pick up and deliver meals from the caterer facilities
to/from the aircraft at JFK and LAX.
Very truly yours,
/s/ Edward J. Paquette
Edward J. Paquette
Senior vice President Operations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
214
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August 31, 1994
Mr. William O'Driscoll
President - General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, MO 64116
SUBJECT: Dining Units
Dear Mr. O'Driscoll:
This letter will confirm our agreement that Article 2(d) of the Dining
Service Employee's Agreement is deleted and the company will discontinue
operations at the Dining Unit facilities at JFK and LAX.
Very truly yours,
/s/ Edward J. Paquette
Edward J. Paquette
Senior Vice President Operations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
215
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August 31, 1994
Mr. William O'Driscoll
President - General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, MO 64116
SUBJECT: Furloughed Dining Unit Employees
Currently Accruing Seniority Under the
Mechanic and Related Agreement
Dear Mr. O'Driscoll:
This letter will confirm our agreement that dining unit employees
furloughed as a result of the closing of the JFK and LAX dining units
who are, at the time of this furlough, accruing seniority under the
Mechanic and Related Agreement may elect at the time of furlough to
displace on the system at that time only in such classification.
Very truly yours,
/s/ Edward J. Paquette
Edward J. Paquette
Senior Vice President Operations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
216
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August 31, 1994
Mr. William O'Driscoll
President - General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, MO 64116
SUBJECT: Furloughed Dining Unit Employees
Dear Mr. O'Driscoll:
This letter will confirm our agreement that furloughed dining unit
employees at JFK and LAX who are successful bidders to other IAM
represented positions in any classification will maintain their rate of
pay or higher whichever is applicable in effect on the date of their
furlough from the Dining Unit.
Very truly yours,
/s/ Edward J. Paquette
Edward J. Paquette
Senior Vice President Operations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
217
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August 31, 1994
Mr. William O'Driscoll
President - General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, MO 64116
SUBJECT: Dining Unit Employees
Dear Mr. O'Driscoll:
The Dining Unit employees (excluding Stores Clerks) furloughed as a
result of the closing of the TWA Dining Units will continue to accrue
company seniority. These employees will establish Fleet Service
seniority as of the last date of operation of the dining unit to which
he/she was assigned. These employees will be eligible for recall to any
Fleet Service vacancies at the location from which they were furloughed.
They may also bid to Fleet Service openings on TWA's system in
accordance with Article 10(b)(3).
Very truly yours,
/s/ Edward J. Paquette
Edward J. Paquette
Senior Vice President Operations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
218
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August 31, 1994
Mr. William O'Driscoll
resident - General Chairman
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, MO 64116
SUBJECT: Dining Unit Stores Clerks
Dear Mr. O'Driscoll:
The Dining Unit Stores Clerks furloughed as a result of the closing of
the TWA Dining Units will continue to accrue company seniority. These
employees will establish Stores seniority under the Mechanic and Related
Agreement and Fleet Service seniority as of the last date of operation
of the dining unit to which he/she was assigned.
These employees will be eligible for recall to the first opening in
either Stores or Fleet Service at the location from which they were
furloughed. They may also bid to Stores or Fleet Service openings on
TWA's system in accordance with Article 10(b)(3).
Very truly yours,
/s/ Edward J. Paquette
Edward J. Paquette
Senior Vice President Operations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
219
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August 31, 1994
Mr. William O'Driscoll
President - General Chairman
District Lodge 142
International Association of Machinists
and Aerospace Workers
400 NE 32nd Street
Kansas City, MO 64116
Re: Medical/Dental Coverage
Emergency Out of Network
Dear Mr. O'Driscoll:
This letter will confirm TWA's commitment concerning employees and
eligible dependents who reside within geographic areas where preferred
provider networks (PPO's) are available, but who must utilize non-
network providers for emergency medical treatment while outside their
PPO areas.
Covered charges for such treatment will be reimbursed at the "in-
network" rate.
Employees and eligible dependents who can reasonably access providers
within the network but who elect not to do so will be reimbursed for
charges at the "out-of-network" rate.
Very truly yours,
/s/ William L. Schecter
William L. Schecter
Vice President Labor Relations
Agreed and Accepted:
/s/William O'Driscoll
William O'Driscoll
220
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August 31, 1994
Mr. William O'Driscoll
President - General Chairman
41 District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. O'Driscoll:
This letter will confirm our agreement that "after TWA shall have
staffed according to the needs of the service", there shall be a
reduction in TWA's overtime cost, such reduction to be accomplished
through the modification of local agreements to provide that overtime
will be utilized only on an "as needed" basis.
Very truly yours,
/s/ Edward J. Paquette
Edward J. Paquette
Senior Vice President Operations
Agreed and Accepted:
/s/ W. O'Driscoll
William O'Driscoll
221
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August 1, 1999
Mr. William O'Driscoll
President - Directing General Chairman
District 142 IAMAW
400 NE 32nd Street
Kansas City, MO 64116
Subject: Air Freight Staffing
Dear Mr. O'Driscoll:
In settlement of grievances asserting air freight farm out violations
(airports where the Company currently staffs RSP's but utilizes a vendor
for freight handling), the Company agrees to the following:
1. The Company agrees to secure an air freight facility at SEA and
staff it in accord with the provisions of the TWA-IAMAW agreement
as expeditiously as possible.
2. The Company agrees to mutually develop with the IAM an Air Freight
Agent classification on a trial basis and initiate a test of such
an air freight handling process at ATL as expeditiously as
possible.
In addition, the Company and IAM representatives will meet to examine
the overall handling process of air freight for the airline with the
intent of creating methods which would maximize TWA's ability to improve
its air freight revenue performance.
All grievances concerning air freight farm out are withdrawn with
prejudice.
Yours very truly,
/s/ Linda Ferchland
Linda Ferchland
Director Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
222
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August 1, 1999
Mr. Al Calhoun
General Chairperson
District 142
IAMAW
400 NE 32nd Street
Kansas City, MO 64116
SUBJECT: MD 80 LANDING GEAR
IN-HOUSE REPAIR
Dear Mr. Calhoun:
TWA agrees to overhaul the MD-80 landing gear in-house as soon as
approval has been obtained for the purchase of necessary spare landing
gear components to support the repair process. The capital approval
package has been prepared and will be placed on the agenda for approval
at the June Capital Expenditure Review Committee meeting.
Approval will be obtained at the June Meeting and TWA will locate and
order the spare components. As soon as delivery dates are known, we
will begin scheduling MD-80 landing gear for repair in our shops. Until
this process reaches the point of knowing when the spare landing gear
components will be delivered to TWA, we are unable to forecast an exact
date for the first in-house landing gear overhaul.
If the above accurately reflects our agreement, please sign this letter
where indicated below.
Very truly yours,
/s/ Linda Ferchland
Linda Ferchland
Director Labor Relations
AGREED AND ACCEPTED
/s/ Al Calhoun
Al Calhoun
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August 1, 1999
Mr. William O'Driscoll
President - Directing General Chairman
District 142
IAMAW
400 NE 32nd Street
Kansas City, MO 64116
SUBJECT: 757-PW 2037 Engine In-House Repair
Dear Mr. O'Driscoll:
We agree to perform a detailed review of the requirements necessary to
repair PW2037 engines in-house. This will include cost estimates for
the capital tooling and equipment necessary to perform the work,
including the test cell modifications necessary to perform engine
testing. The review will also assess shop space requirements, as well
as the estimated engine volume. Also, manpower requirements need to be
estimated.
This data will then be used to perform an analysis which will aid in
determining the viability of bringing this engine work into our shop. I
estimate that this review can be completed within ninety (90) days.
Very truly yours,
/s/ James R. Jensen
James R. Jensen
Senior Vice President
Maintenance and Engineering
AGREED AND ACCEPTED
/s/ William O'Driscoll
William O'Driscoll
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August 1, 1999
Mr. William O'Driscoll
President - Directing General Chairperson
District 142
IAMAW
400 NE 32nd Street
Kansas City, MO 64116
SUBJECT: Status of Agreement
Dear Mr. O'Driscoll:
This letter will confirm our agreement and understanding that all local
letters and agreements contained in the MCI Mini Agreement must conform
to the TWA-IAM Collective Bargaining Agreement. Should any provision of
the Mini Agreement create a conflict, the TWA-IAM Agreement for Mechanic
and Related Employees will prevail.
If the above accurately reflects our agreement, please sign this letter
where indicated below.
Very truly yours,
/s/Linda Ferchland
Linda Ferchland
Director Labor Relations - Ground
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
225
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August 1, 1999
Mr. Edward LaClair
General Chairman
IAM District Lodge 142
400 NE 32nd Street
Kansas City, MO 64116
Subject: Unused Sick Leave
Dear Mr. LaClair:
Effective one year following date of signing, the Company will provide a
lump sum payment for unused personal illness sick leave to those
employees who retire from active status and meet the following criteria.
The retiring employee must have a fully accrued personal illness bank of
120 days, have been in active status the past twelve (12) consecutive
months and have achieved perfect attendance during such twelve (12)
consecutive months preceding the effective date of retirement.
For each day of unused sick leave the Company will pay an employee
covered by this agreement five dollars ($5.00), for a total of six
hundred dollars ($600).
Very truly yours,
/s/ Linda Ferchland
Linda Ferchland
Director Labor Relations
Agreed and Accepted:
/s/ Edward LaClair
Edward LaClair
226
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August 1, 1999
Edward LaClair
General Chairperson
IAM District Lodge 142
400 NE 32nd Street
Kansas City, MO 64116
Dear Mr. LaClair:
This will confirm our agreement during the course of negotiations that
at stations where Mechanics are not staffed, the Company may use on-call
maintenance to put TWA Owned Motorized Automotive Ground Equipment
(excluding jetways) back in service.
All major maintenance and overhaul of this equipment will be performed
in a similar manner as aircraft maintenance by Mechanics covered by
this Agreement in accordance with Article 9 of the Collective Bargaining
Agreement or TWA will have the failed equipment transported to a station
staffed with IAM Mechanics that could effect repairs.
Very truly yours,
/s/Linda Ferchland
Linda Ferchland
Director Labor Relations
Agreed and Accepted:
/s/Edward LaClair
Edward LaClair
227
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August 1, 1999
Mr. Edward LaClair
General Chairperson
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, MO 64116
Subject: Article 6(a) Company Seniority Dates
Dear Mr. LaClair:
This will confirm the agreement reached between the Company and the
Union that the adjustment of company seniority dates will apply
prospectively only effective with the signing of a new collective
bargaining agreement.
The new language of Article 6(a) will apply to active employees as of
the date of signing. Retirees will not be eligible for this change and
employees who are inactive (i.e., furlough, leave of absence) will have
their company seniority date readjusted, if necessary, upon return to
active employment status.
Additionally, this letter will confirm that the only employment date
which will be readjusted will be the company seniority date of those
employees whose company seniority dates were previously adjusted due to
part-time service.
There will continue to be adjustments of other seniority dates to
reflect assistant/part-time service governing classification seniority,
longevity, pay seniority, accrual of sick/occupational injury, layoff
pay, vacation and retirement benefits in accordance with the provisions
of the TWA-IAM Agreement.
Very truly yours,
/s/Linda Ferchland
Linda Ferchland
Director Labor Relations
Agreed and Accepted:
/s/ Ed LaClair
Edward LaClair
228
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August 1, 1999
Mr. Ed LaClair
General Chairperson
District 142
International Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, MO 64116
Subject: Recall Rights
Dear Mr. LaClair:
This will confirm our agreement concerning the recall rights of
furloughed employees who are eligible for recall to both Ramp Service
and Assistant Ramp Service positions.
An employee who elected an Assistant Ramp Service position rather than
system displacing or accepting furlough at the point when first reduced
from full-time Ramp Service and is subsequently furloughed will continue
to accrue Ramp Service seniority at the full-time rate and have recall
to both positions.
Upon recall to the Ramp Service classification, the employee must accept
such at that time or forfeit all recall rights in the Ramp Service
classification (full-time) and his name will be removed from the Ramp
Service seniority roster. Upon refusal of such recall, he shall accrue
seniority at one-half (1/2) the full time rate.
This employee will still be eligible for recall to Assistant Ramp
Service. If he then refuses recall to an Assistant Ramp Service
position, such refusal will result in his loss of all seniority and his
name will be removed from the seniority roster.
Very truly yours,
/s/Linda Ferchland
Linda Ferchland
Director Labor Relations
Agreed and Accepted:
/s/ Edward LaClair
Edward LaClair
229
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August 1, 1999
Mr. Edward LaClair
General Chairman
District Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Dear Mr. LaClair:
In confirmation of our discussions in the course of negotiations leading
to the Agreement signed August 1, 1999, it is agreed that the work of
the Fire Inspector classification will be consolidated into the Mechanic
classification as Plant/Facility Maintenance. They may remain as Fire
Inspectors and will not be replaced upon leaving the Fire Inspector
position.
For those Fire Inspectors who currently retain seniority in lower
classifications they may exercise seniority in accordance with Article 6
and 10 at their current rate of pay.
Yours very truly,
/s/ Linda Ferchland
Linda Ferchland
Director Labor Relations
Agreed and Accepted:
/s/ Edward LaClair
Edward LaClair
230
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August 1, 1999
Mr. Ed LaClair
General Chairman
District Association of Machinists
and Aerospace Workers
400 N.E. 32nd Street
Kansas City, Missouri 64116
Subject: Fire Inspector Classification
Dear Mr. LaClair:
During the negotiations of the TWA - IAM Agreement signed August 1,
1999, the parties agreed to the incorporation of the Fire Inspector
into the Mechanic (Plant Maintenance specialty) job description. Further
it is agreed that the Fire Inspector classification will be reduced
through attrition. During the interim period, Plant/Facility Mechanics
will be cross utilized to support the needs of the operation.
Following this attrition period, the parties agree to remove all
references to Fire Inspector and place the Article 4 job description
language into Article 4(a)(7) of the TWA-IAM Agreement.
Very truly yours
/s/ Linda Ferchland
Linda Ferchland
Director Labor Relations
Agreed and Accepted:
/s/ Edward LaClair
Edward LaClair
231
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August 1, 1999
Mr. Edward LaClair
General Chairman
IAM District Lodge 142
400 NE 32nd St.
Kansas City, Mo. 64116
Subject: Field Service - Inspection
Dear Mr. LaClair,
This will confirm our agreement in regard to the use of Inspectors on
Field Service.
An Inspector will be dispatched for Field Service from a station where
Inspectors are located when it is known in advance that the field
service assignment to a TWA non-mechanic staffed station will require
inspection work. The work of an Inspector at a TWA Mechanic staffed
station shall be performed by an Inspector or Inspector Designee at that
station.
Very truly yours,
/s/ Linda Ferchland
Linda Ferchland
Director Labor Relations
Agreed and Accepted:
/s/ Edward LaClair
Edward LaClair
232
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August 1, 1999
Mr. William O'Driscoll
President - Directing General Chairperson
International Association of Machinists
And Aerospace Workers
400 NE 32nd Street
Kansas City, MO 64116
Subject: Stock Distribution
Dear Mr. O'Driscoll:
On July 31, 2000 or as soon as practicable after fulfillment of all
necessary requirements associated with the registration, listing,
issuance and distribution of stock certificates, the Company will
distribute one million (1,000,000) shares of TWA common stock to IAM
represented employees. Distribution of such shares of stock will be
determined by the IAM in its sole discretion.
On January 31, 2001 or as soon as practicable after fulfillment of all
necessary requirements associated with the registration, listing,
issuance and distribution of stock certificates, the Company will
distribute one million (1,000,000) shares of TWA common stock to IAM
represented employees. Distribution of such shares of stock will be
determined by the IAM in its sole discretion.
On January 31, 2002 or as soon as practicable after fulfillment of all
necessary requirements associated with the registration, listing,
issuance and distribution of stock certificates, the Company will
distribute one million (1,000,000) shares of TWA common stock to IAM
represented employees. Distribution of such shares of stock will be
determined by the IAM in its sole discretion.
Very truly yours,
/s/ Linda Ferchland
Linda Ferchland
Director Labor Relations-Ground
Agreed and Accepted:
/s/William O'Driscoll
William O'Driscoll
233
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August 1, 1999
Mr. William O'Driscoll
President - Directing General Chairman
International Association of Machinist
And Aerospace Workers
400 NE 32nd Street
Kansas City, MO 64116
Re: Staffing of Focus Stations
Dear Mr. O'Driscoll:
It is understood that during this agreement, TWA may designate one or
more stations as a "Focus Station". The parties recognize the
competitive challenges and risks which may adversely affect the Company
and its employees. Accordingly, in order to provide the Company with an
opportunity to test the viability of the Focus Stations and to avoid the
disruption employees suffer from transfers which are unexpectedly
temporary, upon the effective date of this Agreement, the IAM may agree
to allow the Company to staff a Focus Station without all
classifications required under the collective Bargaining Agreement.
Thirty days before the designation of a station as a Focus Station, TWA
shall provide written notice to the IAM in which it identifies the
station as such, the frequency of service, and the anticipated number of
employees in IAM-related classifications which will be staffed at such
station. Should the IAM agree to permit the Company to staff a Focus
Station without all IAM-related classifications, such permission shall
be granted in increments of six months. At such time as the IAM
terminates the company's ability to staff a Focus Station as described
herein, the Company shall staff the Focus Station(s) in accordance with
the Collective Bargaining Agreement and without regard to this Letter of
Agreement. Accordingly, staffing pursuant to paragraph 1 is deemed to
be temporary and sets no precedent and is not to be referred to in
interpreting or applying any other provision of this Collective
Bargaining Agreement.
It is understood that the Company will establish San Juan as its first
Focus Station. Since both the challenge to the Company and the
disruption to employees resulting from establishing San Juan as its
first Focus Station is heightened, it is agreed that the only IAM-
represented classification which the Company will staff at San Juan will
be passenger service and all other terms of this letter shall not apply
to San Juan while it remains a Focus Station.
Very truly yours,
/s/ Linda Ferchland
Linda Ferchland
Director Labor Relations Ground
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
234
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August 1, 1999
Mr. William O'Driscoll
President-Directing General Chairperson
International Association of Machinists
And Aerospace Workers
400 NE 32nd Street
Kansas City, MO 64116
Subject: Regional Jets/Code Shares
This is to confirm the understanding between the parties in regard to
the Company's ability to implement and maintain Regional Jet and/or
Code Share Agreements.
Our Agreement reflects the following:
Commuter Carriers, Code Sharing and Block Seating
(1) The Company, its subsidiaries and its corporate affiliates
may acquire an ownership interest in commuter carriers and
may operate such commuter carriers under the terms of
separate collective bargaining agreements with the IAM
provided that any such commuter carriers comply with the
restrictions contained in Section 1 through 10 below.
(2) Except as agreed in the September 5, 1995 Letter of
Agreement between TWA and ALPA pertaining to the use of ATR
aircraft by Trans States Inc., the Company and its
Affiliates will not operate, maintain any ownership interest
in, or enter into any code sharing arrangement with, any,
United States air carrier as defined in 49 U.S.C. 40102
(a)(2) that operates any aircraft under the Company's
designator code, name, logo or marks with: (a) a maximum
seating capacity in excess of sixty (60) seats; (b) a
maximum certified gross takeoff weight in excess of 60,000
pounds; (c) a maximum certified cruising speed in excess of
400 miles per hour; or (d) any Jet Aircraft as defined
herein. Any carrier that satisfies all of the restrictions
contained in this Section 2 and that utilizes the Company's
or an Affiliate's designator code is hereinafter referred to
as a "TWA Commuter Carrier." For purposes of this
subsection, "Jet Aircraft" is defined as any aircraft that
uses a turbine-driven engine without an external propeller.
(3) Notwithstanding the limitations in Section 2 above, TWA
Commuter Carriers may operate up to an aggregate of fifteen
(15) Jet Aircraft with a maximum seating capacity of fifty
(50) seats.
(4) In addition to the fifteen (15) Jet Aircraft referred to in
Section 3 above, TWA Commuter Carriers may operate: (i) one
additional Jet Aircraft for each additional three aircraft
operated by TWA above its current fleet size of 184 aircraft
until the TWA fleet size reaches 200 aircraft; and (ii) one
additional Jet Aircraft for each additional two aircraft
operated by TWA exceeding 200 TWA fleet aircraft. The
maximum average seating capacity of the Jet Aircraft
operated by TWA Commuter Carriers shall be: fifty (50)
seats while the Company's fleet size is less than 190;
fifty four (54) seats while the Company's fleet size is
between 191 and 195; fifty six (56) seats while the
Company's fleet size is between 196 and 200; and sixty (60)
seats while the Company's
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fleet size exceeds 200. The relationship of the Company's
fleet size to the number of Jet Aircraft that may be
operated by TWA Commuter Carriers and the average seating
capacity of the Jet Aircraft that may be operated by TWA
Commuter Carriers is shown in Section 9 below.
(5) (a) In no event will TWA Commuter Carriers operate more than
a maximum aggregate of thirty (30) Jet Aircraft, and in
no event will the certificated seating capacity of any
Jet Aircraft operated by any TWA Commuter Carrier exceed
seventy (70) seats.
(b) If TWA owns (or leases) and operates regional jets,
TWA employees covered by IAM Agreements shall perform
all covered work. If regional jets are operated by a
wholly-owned subsidiary of TWA, TWA employees
otherwise covered by IAM agreements shall perform all
covered work, provided that IAM and TWA enter into a
new, separate agreement establishing fully competitive
market rates and market working conditions for the
performance of such work. All work on regional jets
operated by a commuter carrier shall be performed by
employees of the commuter carrier of its service
provider.
(6) As a limited exception to the restrictions contained in
Sections 1, 2, 3, 4 and 5 above, the Company may enter into
or maintain code sharing agreements with:
(a) Carriers other than United States air carriers (as
defined in 49 U.S.C. 40102 (a)(2)) so long as the
Company can demonstrate by clear and convincing
evidence, that such code sharing arrangements: (i) do
not result, directly or indirectly, in the furlough of
any Company flight attendant or a reduction in pay
status for any Company flight attendant and (ii) do
not directly or indirectly result in the involuntary
furlough from his/her location of any active Mechanic
& Related and Passenger Service Employees employed as
of the signing and as listed on the Attached Exhibit A
("Active Employees").
(b) United States air carriers (as defined in 49 U.S.C.
40102 (a)(2)) other than TWA Commuter Carriers that
permit such carriers to apply the Company's designator
code to their operations within the United States and
its territories as long as (i) the number of quarterly
block hours operated by such carriers utilizing the
Company's designator code does not exceed four percent
(4.0%) of the total number of block hours operated by
the Company for the same quarter within the Untied
States and its territories and
(ii) the Company can demonstrate, by clear and
convincing evidence, that such code sharing
arrangements do not result, directly or indirectly, in
the involuntary furlough of any IAM represented
employee or a reduction in pay status for any IAM
represented employee; provided however, the IAM may,
in its sole discretion, increase the total number of
block hours available for such operations to up to 10%
of the total number of block hours operated by the
Company for the same quarter within the United States;
and
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(c) The number of quarterly block hours specified in
Section 6 (b) (i) above may be increased as follows:
if the Company's fleet size increases to 193 aircraft,
then the number shall be four and one-half percent
(4.5%); if the Company's Fleet is at least 199
aircraft, then the number shall be five percent
(5.0%). The relationship between the Company's fleet
size and the number of quarterly block hours that may
be operated by such United States air carriers is
shown in Section 9 below.
(7) The Company and its Affiliate may only enter into block
seating arrangements (i.e., the advance purchase or
reservation of blocks of seats on other carriers for resale
by the Company) aboard any aircraft operated by any person
or entity other than the Company if and to the extent that
the Company can demonstrate, by clear and convincing
evidence, that any such block seating arrangement does not
result, in the involuntary furlough of any IAM represented
IAM employee or a reduction in pay status for any IAM
represented employee.
(8) Mechanic & Related and Passenger Service Employees listed on
the Attached Exhibit A ("Active Employees") employed at a
TWA location as of the signing shall not be involuntarily
furloughed from that location as a direct result of a
commuter carrier operating Regional Jets. The Company will
not furlough any Flight Attendant on the TWA Flight
Attendant System Seniority List as a result of the
acquisition, expansion over TWA's domestic route system or
operation of Regional Jets by any TWA Commuter Carrier.
(9) Summary Chart - Sections (1), (4), (5) and (6)
Company Aircraft Quarterly Code Share Domestic
<TABLE>
<CAPTION>
Company Quarterly Code Share No. Of Jet Air- Max Avg.
Aircraft Domestic Block Hours craft That May Be Seating
That May Be Operated By Operated by TWA Capacity Of
U.S. Air Carriers Other than Commuter Carriers Jet Aircraft
TWA Commuter Operated
Carriers by TWA
Commuter
Carriers
<S> <C> <C> <C>
187-189 4.0% 16 50
190-192 4.0% 17 54
193-195 4.5% 18 54
196-198 4.5% 19 56
199-200 5.0% 20 56
201 + 5.0% 21 + 1 for 2 thereafter 60
up to 30 Maximum
</TABLE>
(10) In addition to and apart from the Jet Aircraft carrying only
that TWA Commuter Carrier's and TWA's or Affliliate's
designator code that TWA Commuter Carriers are otherwise
authorized to operate by this agreement, TWA Commuter
Carriers may additionally operate a maximum of three (3) Jet
Aircraft with a
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capacity of no more than seventy (70) seats for which that
TWA Commuter Carrier has a code-sharing agreement involving
both (a) TWA or an Affiliate and (b) a third-party code-
sharing carrier ("Shared Code-Sharing Jet Aircraft"). These
3 Shared Code-Sharing Jet Aircraft are not subject to and
will not count towards maximum average seating limitations
of Section 4 and the 30 aircraft aggregate limitation of
Section 5. All other restrictions and limitation imposed by
this Section remain in effect for these Shared Code-Sharing
Jet Aircraft.
REGIONAL JET BIDS
TWA will make its best efforts to submit competitive bids for all work
performed on regional jets operated by Commuter Carriers ("Regional Jet
Bids"). The Company shall schedule two meetings each year with the IAM
to discuss the results of the Regional Jet Bids it has submitted and
review those situations where it chose not to submit such bids.
If the aforementioned confirms our understanding of the subject please
indicate so by signing below.
Very truly yours
/s/ Linda Ferchland
Linda Ferchland
Director Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
238
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August 1, 1999
Mr. William O'Driscoll
President- Directing General Chairman
District 142 IAMAW
400 NE 32nd Street
Kansas City, MO 64116
SUBJECT: Chicago Air Freight
The Company and Union agree to meet and resolve the off field vendor
operation in Chicago as expeditiously as possible.
Very truly yours,
/s/ Linda Ferchland
Linda Ferchland
Director Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
239
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August 1, 1999
Mr. William O'Driscoll
President - Directing General Chairman
International Association of Machinists
and Aerospace Workers
District Lodge 142
400 NE 32nd Street
Kansas City, MO 64116
Re: Back Pay Bonds
Dear Mr. O'Driscoll:
The Company shall solicit from the Back Pay Bond holders their consent
to an amendment to the Back Pay Bond indenture such that the collateral
for the bonds under the indenture shall include the collateral now held
in trust outside of the indenture (indirect interest in Worldspan LLP)
for the benefit of the bond holders, and make other conforming changes,
including, but not limited to releasing any collateral to which the
Trustee currently holds and interest (or possible claim of interest).
Such amendment shall (to the extent permissible) further state that the
Company may prepay the entire indebtedness or shall have the right
alternatively to prepay one half of the outstanding principal amount of
the bonds and substitute collateral with an appraised value equal to or
in excess of the collateral coverage rate of 1.66% of the debt remaining
outstanding upon the disposition by the Company of its indirect interest
in Worldspan (not including consummation of any merger predating such
disposition). The indenture shall be further amended to reinstate the
rights of the IAM relative to instructing the Trustee on collateral
substitution matters.
It is agreed that the consent solicitation will also request
authorization for the release and termination of that certain Aircraft
Chattel Mortgage [Engines] by and between the Company and Joseph
Adinolfi, as Mortgagee dated as of May 21, 1997 as subsequently amended.
The IAM agrees, following the receipt of such authorization, to execute
and deliver such documents as shall be required to effectuate such
release and termination.
The IAM agrees that it will execute such documents as required to
effectuate a transfer of collateral and to release the Company from
further obligation to secure the Monthly Contributions to the Retirement
Savings Plan for Flight Attendants of Trans World Airlines, Inc. and the
Annuity Plan for Machinists of Trans World Airlines, Inc.
In addition, 1993 Interest Guaranty Note having been satisfied in full,
the IAM hereby releases the Company from all obligations under the
Agreements relative to the C Plan.
Obligations and covenants to authorize, direct and take or cause to be
taken all such actions as shall be necessary to evidence and effectuate
the termination of the Agreements
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with respect to the C Plan Obligations, including but not limited to the
execution and delivery of a Release Notice to the Collateral Trustee.
Very truly yours,
/s/ Linda Ferchland
Linda Ferchland
Director Labor Relations Ground
Agreed & Accepted:
/s/ William O'Driscoll
William O'Driscoll
241
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COVENANTS
1. A. Within thirty (30) business days of the effective date of
this agreement ("effective date"), TWA shall meet with the
City of Kansas City for the purpose of beginning
negotiations to secure leases for the Kansas City
Maintenance Base. Within five (5) business days of the
effective date, TWA shall advise the City of Kansas City in
writing of its desire to begin such negotiations.
B. TWA shall enter into leases for the Kansas City Maintenance
Base within six (6) months of the effective date, provided
that IAM shall agree to extend this deadline for as long as
negotiations continue.
C. Paragraph B of this Section shall be subject to the City of
Kansas City offering terms, rates, and conditions which are
economically reasonable when compared to leases offered to
other airlines by other lessors for similar facilities,
adjusted for local market conditions, and which are for a
commercially reasonable period taking into account
economically reasonable amortization periods for capital
expenditures/improvements made within the new lease
agreement.
D. TWA shall provide the IAM with reasonable but not less than
five (5) days notice of any meeting with the City of Kansas
City. The IAM shall have the right to participate in all
such meetings.
E. TWA will continue to perform major aircraft overhaul and
maintenance work at the Kansas City Maintenance Base,
provided that it is a tenant in that facility.
2. A. Within forty five (45) business days of the effective date,
TWA shall meet with the Port Authority of New York and New
Jersey ("Port Authority") for the purpose of beginning
negotiations to secure a lease for Hangar 12 at JFK
International Airport ("JFK"). Within five (5) business
days of the effective date, TWA shall advise the Port
Authority in writing of its desire to begin such
negotiations.
B. TWA shall enter into a lease for Hangar 12 within six (6)
months of the effective date, provided that IAM shall agree
to extend that deadline for as long as negotiations
continue.
C. Paragraph B of this Section shall be subject to the lessor
offering terms, rates and conditions which (i) are
economically comparable to leases entered into by other
carriers for maintenance hangars at JFK; (ii) include
economically reasonable financing for capital expenditures/
improvements (either as required by the lessor or necessary
for habitability and functionality purposes comparable to
facilities of the same type, i.e. "Capital Expenditure/
Improvements"); and (iii) is for a commercially reasonable
period taking into account economically reasonable
amortization periods for Capital Expenditures/Improvements
made within the new lease. The Company shall continue to
have the right to adjust, amend or sublease portions of such
leasehold consistent with the provisions of Article 2
relating to Technical Service Locations.
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D. In the event TWA is unable to secure a lease for Hangar 12
from the Port Authority containing the terms, rates, and
conditions set forth in Paragraph C of this Section, TWA
shall seek to secure such a lease from a third party. TWA's
efforts and obligations in that regard shall be governed by
Paragraphs A-C of this Section.
E. In the event TWA is unable to secure a lease for Hangar 12
from any lessor containing the terms, rates and conditions
set forth in Paragraph C of this Section, TWA shall seek to
secure such a lease for Hangar 19. TWA's obligations in
that regard shall be governed by Paragraphs A-C of this
Section.
F. TWA shall provide the IAM with reasonable but no less than
five (5) days notice of any meeting with the Port Authority
or third party lessor. The IAM shall have the right to
participate in all such meetings.
G. TWA shall perform work at Hangar 12 consistent with the
provisions of Article 2 relating to Technical Service
Locations, provided that it is a tenant in that facility.
3. A. Within forty-five (45) business days of the effective date,
TWA shall meet with the Port Authority for the purpose of
beginning negotiations to secure a lease for Terminal 5 at
JFK. Within five (5) business days of the effective date,
TWA shall advise the Port Authority in writing of its desire
to begin such negotiations.
B. TWA shall enter into a lease for Terminal 5 covering the
property covered by the current Terminal 5 lease within six
(6) months of the effective date of this agreement, provided
that the IAM shall agree to extend that deadline for as long
as negotiations continue.
C. Paragraph B of this Section shall be subject to the Port
Authority offering terms, rates and conditions which are
economically comparable to leases entered into by other
carriers for passenger terminals at JFK and which are for
commercially reasonable amortization periods for capital
expenditures/improvements made within the new lease
agreement.
D. TWA shall provide the IAM with reasonable but no less than
five (5) days notice of any meeting with the Port Authority.
The IAM shall have the right to participate in all such
meetings.
E. Within one-hundred fifty (150) days of the effective date of
this Agreement, TWA shall prepare a feasibility study, to be
shared with the IAM, on the:
1. Physical expansion and expansion of flights out of
Terminal 5: and
2. Use of slots allocated to TWA at JFK, LaGuardia
Airport, O'Hare Airport and Washington National
Airport.
IAM shall have thirty (30) days to provide comments before
the study is finalized.
243
<PAGE>
<PAGE>
4. If as a result of airport expansion in St. Louis the STL hangar is
demolished, the Company shall, subject to the lessor offering
terms, rates and conditions consistent with standards established
in Paragraph 2C, enter into a lease for a comparable facility at
the St. Louis Airport.
5. Adopt previously discussed corporate governance provision side
letter.
6. Back Pay Collateral Letter of Agreement dated August 1, 1999.
7. A summary of the lease term and termination provisions for STL
hangar, ORD reservations facility, STL reservations facility, LAX
hangar and ORF reservations facility is attached (Exhibit B). The
listing of these lease provisions in this agreement confers no
legal or contractual right upon the Union, under Section 6 of the
RLA or otherwise, and does not in any way affect the rights of the
Company either under or with respect to those leases.
Dated August 1, 1999
/s/William O'Driscoll /s/Linda L. Ferchland
William O'Driscoll Linda Ferchland
President - General Chairman Director Labor Relations
244
<PAGE>
<PAGE>
August 1, 1999
Mr. William O'Driscoll
President - Directing General Chairperson
International Association of Machinists
And Aerospace Workers
400 NE 32nd Street
Kansas City, MO 64116
Dear Mr. O'Driscoll:
This letter will confirm our agreement that TWA will make certain
contributions to the IAM National Pension Plan. Effective March 1,
2000, TWA will begin contributions on behalf of eligible IAM represented
employees to the IAM National Pension Fund, National Pension Plan up to
a maximum of forty (40) straight time hours per week paid as follows.
The terms and conditions of such contributions, including employee
eligibility, shall be as set forth in the National Pension Plan
Contract.
Mechanic and Higher Classifications $1.00
Below Mechanic Classifications $ .75
If this letter accurately reflects our agreement, please sign this
letter where indicated below.
Very truly yours,
/s/ Linda Ferchland
Linda Ferchland
Director Labor Relations
Agreed and Accepted:
/s/ William O'Driscoll
William O'Driscoll
245
<PAGE>
<PAGE>
ARTICLE 29
EFFECTIVE DATE AND DURATION
Schedule A (Rate of Pay) shall become effective as indicated thereon.
Except as specifically provided elsewhere in this Agreement, the
provisions of same shall become effective upon the signing of this
complete Agreement.
The entire Agreement shall remain in full force and effect to and
including January 31, 2001, and, thereafter shall be subject to change
as provided in Section 6 of the Railway Labor Act, as amended.
Signed this 1st day of August, 1999.
FOR TRANS WORLD AIRLINES, INCORPORATED
William Compton
/s/ William Compton
Chief Executive Officer
Terry Hayes
/s/Terry Hayes
Managing Director Labor Relations
Linda Ferchland
/s/Linda Ferchland
Director Labor Relations
FOR THE INTERNATIONAL ASSOCIATION OF MACHINISTS
AND AEROSPACE WORKERS
William O'Driscoll
/s/William O'Driscoll
President - General Chairman
Edward LaClair
/s/Edward LaClair
General Chairman
246
<PAGE>
<PAGE>
SCHEDULE A - EMPLOYEES HIRED BEFORE MARCH 1, 1992
CLASSIFICATIONS PRESENT 8/1/99 8/1/00
--------------- ------- ------ ------
Crew Chief Systems Technicians
Flat Rate 20.73 22.49 23.17
Crew Chief flight Simulators
Flat Rate 20.22 21.94 22.60
Flight Simulator Technicians
1st Year 14.26 15.47 15.94
2nd Year 15.30 16.60 17.10
3rd Year 16.34 17.73 18.26
4th Year 17.38 18.86 19.42
5th Year 18.42 19.99 20.59
Thereafter 19.46 21.11 21.75
Crew Chief Inspector
Flat Rate 19.83 21.52 22.16
Inspector
Flat Rate 19.08 20.70 21.32
Crew Chief Mechanic
Flat Rate 18.98 20.59 21.21
Mechanic
1st Year 12.73 13.81 14.23
2nd Year 13.77 14.94 15.39
3rd Year 14.81 16.07 16.55
4th Year 15.85 17.20 17.71
5th Year 16.89 18.33 18.88
Thereafter 17.93 19.45 20.04
Crew Chief Stores Clerk
Flat Rate 15.97 17.33 17.85
Stores Clerk
1st Year 10.13 10.99 11.32
2nd Year 11.17 12.12 12.48
3rd Year 12.21 13.25 13.65
4th Year 13.25 14.38 14.81
5th Year 14.29 15.50 15.97
Thereafter 15.33 16.63 17.13
Crew Chief Fire Inspector
Flat Rate 15.59 16.92 17.42
Fire Inspector
1st Year 9.70 10.52 10.84
2nd Year 10.74 11.65 12.00
3rd year 11.78 12.78 13.16
4th Year 12.82 13.91 14.33
5th Year 13.86 15.04 15.49
Thereafter 14.90 16.17 16.65
247
<PAGE>
<PAGE>
Crew Chief Ramp Serviceman
Flat Rate 15.73 17.07 17.58
Ramp Serviceman
Assistant Ramp Serviceman
1st Year 9.65 10.47 10.78
2nd Year 10.69 11.60 11.95
3rd Year 11.73 12.73 13.11
4th Year 12.77 13.86 14.27
5th Year 13.81 14.98 15.43
Thereafter 14.85 16.11 16.59
Crew Chief Guard
Flat Rate 14.64 15.88 16.36
Guard
Part Time Guard
1st Year 8.85 9.60 9.89
2nd Year 9.89 10.73 11.05
3rd Year 10.93 11.86 12.21
4th Year 11.97 12.99 13.38
5th Year 13.01 14.12 14.54
Thereafter 14.05 15.24 15.70
Mechanic Helper
1st Year 8.97 9.73 10.02
2nd Year 10.01 10.86 11.19
3rd Year 11.05 11.99 12.35
4th Year 12.09 13.12 13.51
5th Year 13.13 14.25 14.67
Thereafter 14.17 15.37 15.84
Crew Chief Fleet Service Helper
Flat Rate 14.36 15.58 16.05
Fleet Service Helper
1st Year 8.61 9.34 9.62
2nd Year 9.64 10.46 10.77
3rd Year 10.68 11.59 11.94
4th Year 11.72 12.72 13.10
5th Year 12.76 13.84 14.26
Thereafter 13.80 14.97 15.42
Crew Chief Janitor
Flat Rate 13.30 14.43 14.86
Janitor
1st Year 7.66 8.31 8.56
2nd Year 8.70 9.44 9.72
3rd Year 9.74 10.57 10.88
4th Year 10.78 11.70 12.05
5th Year 11.82 12.82 13.21
Thereafter 12.86 13.95 14.37
248
<PAGE>
<PAGE>
SCHEDULE A
EMPLOYEES HIRED MARCH 1, 1992 AND THEREAFTER
CLASSIFICATIONS PRESENT 8/1/9 8/1/00
--------------- ------- ----- ------
Mechanic
1st Year 12.13 13.16 13.56
2nd Year 13.77 14.94 15.39
3rd Year 14.81 16.07 16.55
4th Year 15.85 17.20 17.71
5th Year 16.89 18.33 18.88
Thereafter 17.93 19.45 20.04
Ramp Serviceman
Assistant Ramp Serviceman
1st Year 7.22 7.83 8.06
2nd Year 8.21 8.91 9.18
3rd Year 9.20 9.98 10.28
4th Year 10.33 11.20 11.54
5th Year 11.46 12.43 12.80
6th Year 12.59 13.66 14.07
7th Year 13.71 14.88 15.33
Thereafter 14.85 16.11 16.59
Guard
1st Year 6.45 7.00 7.21
2nd Year 7.44 8.07 8.31
3rd Year 8.43 9.15 9.42
4th Year 9.56 10.37 10.68
5th Year 10.68 11.59 11.94
6th Year 11.81 12.81 13.20
7th Year 12.94 14.04 14.46
Thereafter 14.05 15.24 15.70
Fleet Service Helper
1st Year 6.22 6.75 6.95
2nd Year 7.21 7.82 8.05
3rd Year 8.20 8.90 9.16
4th Year 9.32 10.11 10.42
5th Year 10.44 11.33 11.67
6th Year 11.56 12.54 12.92
7th Year 12.67 13.75 14.16
Thereafter 13.80 14.97 15.42
Janitor
1st Year 5.32 5.77 5.95
2nd Year 6.31 6.85 7.05
3rd Year 7.30 7.92 8.16
4th Year 8.41 9.12 9.40
5th Year 9.53 10.34 10.65
6th Year 10.64 11.54 11.89
7th Year 11.75 12.75 13.13
Thereafter 12.86 13.95 14.37
249
<PAGE>
<PAGE>
Examples of the Application of Article 8(b) as Negotiated
In Mediation Proceedings in N.M.B. Case No. 3355
Pay Rate
--------
Example 1
---------
Twenty-four 8 hours work Straight Time
hour 8 hours off
period 8 hours work 4 hours @ time and one-half
4 hours @ double time
8 hours work Straight Time
16 hours off
Example 2
---------
Twenty-four 8 hours work Straight Time
hour 8 hours off
period 8 hours work 4 hours @ time and one-half
4 hours @ double time
12 hours work 8 hours Straight Time
4 hours @ time and one-half
12 hours off
Example 3
---------
Twenty-four 8 hours work Straight Time
hour 6 hours off
period 6 hours work 4 hours @ time and one-half
2 hours @ double time
4 hours off
4 hours off Straight Time
4 hours work Straight Time
16 hours off
Example 4
---------
Twenty-four 8 hours work Straight Time
hour 6 hours off
period 6 hours work 4 hours @ time and one-half
2 hours @ double time
4 hours off
4 hours off Straight Time
8 hours work 4 hours @ straight time
4 hours @ time and one-half
12 hours off
250
<PAGE>
<PAGE>
MECHANICS AND RELATED EMPLOYEES AGREEMENT
INDEX
ARTICLE PAGE
------- ----
1 PURPOSE OF AGREEMENT
(a) Safety, Efficiency, Reasonable Hours, Working 2
Conditions and Mutual Cooperation
(b) No Discrimination 2
2 SCOPE OF AGREEMENT
(a) Inspector, Mechanic, Helper, Fire Inspector 2-3
Stores, Guards, and Ramp Service Jurisdiction.
Temporary Guarding
(b) Reasonable Rules, Regulations 3
(c) Staffing Requirements Out of Classification
Work 3-4
Restrictions and Mechanic Specialty Staffing
3 STATUS OF AGREEMENT
(a) Merger, Consolidation, Route Swap Protection 5
4 CLASSIFICATIONS OF WORK
(a) (1) Crew Chief Systems Technician 6
(2) Crew Chief Flight Simulator Technician 6-7
(3) Flight Simulator Technician 7-8
(4) Crew Chief Inspector 8
(5) Inspector 8-9
(6) Crew Chief Mechanic 9
(7) Mechanic 9-10
(8) Crew Chief Stores Clerk 10-11
(9) Stores Clerk 11-12
(10) Crew Chief Fire Inspector 12-13
(11) Fire Inspector 13
(12) Crew Chief Ramp Serviceman 13-14
(13) Ramp Serviceman 14-15
(14) Mechanic Helper 15
(15) Crew Chief Guard 16
(16) Guard 16
(17) Crew Chief Fleet Service Helper 16-17
(18) Fleet Service Helper 17
(19) Crew Chief Janitor 18
(20) Janitor 18
251
<PAGE>
<PAGE>
ARTICLE PAGE
------- ----
4 CLASSIFICATIONS OF WORK (continued)
(b) (1) Crew Chief Employee Ratio 18
(3) Composite Crew Concept 19
(5) Crew Chief Guard Ratio 19
(c) Making and Revising of Individual Assignments 19
(d) (Check C) Base Overhaul (Check D) Inspector
Duties 19
(e) Sign Off of Mechanical Work by Mechanic 19-20
5 EXAMINATIONS, LICENSE REQUIREMENTS AND
TRAINING
(a) Mechanics Exam Committee, Review Procedures 20-21
(1) Part I Written and Practical, New 21
Employee Requirements
(2) Part II Written and Practical 21
(3) Examinations Forms 21
(4) Submission of Applications 21
(5) Exam Results 21
(8) Additional Mechanic Examination 22
(9) Scheduling of Exams 22
(10) Examination Completion Date 22
(11) Failure to Appear for Examination 22
(12) Employees Who Fail Exams 22
(13) No Exam Where License Required 22
(16) Bidding to Different Specialties 23
(17) Bidding to Crew Chief or Inspector 23
(19) (20) Qualified in Connection with Bids 23
(b) Employees Below Mechanic Taking Exams 23
(c) Flight Simulator Technician Training Period 23-24
(f) Stores and Fueling Exams 24
(g) (1) License Requirements Crew Chief
Inspectors and Inspectors 24
(2) Crew Chief Mechanic License Requirements 25
(3) Mechanic License Requirements 25
(8) Company to Pay For State and Federal 26
Required Licenses
(h) Training Requirements 26-27
6 SENIORITY (COMPANY AND CLASSIFICATION)
(a) (1) (2) Definition of Seniority 28
(4) (a) (b) (c) Determining Senior
Employee 28
(5) Separating or Combining of Seniority
Groups 28-29
(6) Transfer and Assignment of New Work at 29
Overhaul Base
252
<PAGE>
<PAGE>
ARTICLE PAGE
------- ----
6 SENIORITY (COMPANY AND CLASSIFICATION)
(continued)
(b) (1) Probationary Periods 29
(c) (2) Seniority, Protest Period, Changing
Seniority List 30
(3) System Seniority Lists 30
(4) Classifications 30-31
(5) Lower Seniority Accrual 31
(d) Loss of Seniority 31-32
(e) Reduction and Increase of Working Force 32
(1) (2) (3) Point Reduction or Displacement 32-33
(4) System Displacement and Recall Rights 33-34
(5) (6) Point Exercise of Seniority 34-35
(7) Crew Chief Mechanic and Inspector
Seniority Exercise Restrictions 35
(f) (1) Displacement Procedure 35
(2) Point Recall Provisions 35
(3) Seniority Displacement Restrictions 35
(6) Qualification Review Procedures 36-37
(8) Recall Procedure 37
(10) Ten (10) Days Notice or Pay to Employees 38
Being Reduced
(11) (a) Point Recall: Classification,
Specialty and Lateral 38
(15) Voluntary Reduction Procedure 39
(16) Vacancy Bidding by Laid Off Employee 39
(19) Positions Not Covered by Agreement 40
(21) (b) (c) Shift and Day Off Assignment 40-41
(21) (d) (e) Penalties for Shift, Day Off
Refusal 41
(21) (f) Grievance Committee Shift and Day Off 41
Assignment
(g) Geographical Relocation Procedure and Expenses 41-42
7 HOURS OF SERVICE
(a) Standard Work Day 42
(b) Standard Work Week 42-43
(c) (d) (e) Shift Requirements: Major Station
and Overhaul Base 43
(f) Additional Shifts - Major Stations 43
(g) Line Stations, Shift Requirements 43
(h) Shift Deviation 43-44
(j) Rest and Clean Up Period 44
(k) Work Shifts: Exceptions 44
(l) Lunch Periods 44-45
253
<PAGE>
<PAGE>
ARTICLE PAGE
------- ----
8 OVERTIME AND HOLIDAYS
(a) Time and One-Half Rate 45
(b) Double Time Rate; 8 Hour Break Option 45-46
(c) Shift Rotation, Break Requirement 46
(d) (e) Holidays 46-48
(f) Overtime Distribution 48
(g) Emergency Overtime 48
(h) Recall Pay Minimum 48
(i) Overtime Meal Period 48
(j) Overtime Authorization 48
(k) Overtime Pay Maximums 49
(1) Overtime Notice Requirement 49
9 FIELD SERVICE
(a) Emergency Field Service Pay 49
(b) (c) (d) Traveling or Waiting Pay 49
(e) Preparation Time 49-50
(f) (1) (2) (3) Expenses and Lodging 50
(g) Special Assignment Pay 50
10 VACANCIES AND BIDDING
(a) (1) Vacancy Definition 51
(2) Vacancy Cancellations 51
(3) New Classification Bids and Moving
Expenses 51
(4) Vacancy Notice to Union 51
(5) Successful Bidder Selection 51
(7) Preference Bid 51
(8) Company Seniority Bid 51
(9) Bulletin Bids Filling Vacancy 51
(10) Union Concurrence on Testing Procedures 52
(11) Company Option to Fill Vacancy 52
(b) (1) (2) Submission, Cancellation, Renewal 52
and Expiration of All Bid
(3) Bidding For Laid Off Employees 52-53
(5) Bulletined Bids 53
(6) Bid Cancellation Rule 53
(7) (8) Bidding to Lower Classifications 53
(9) Bid Refusal 54
(10) System Bidding Restriction 54
(11) Point Bidding Restriction 54
(15) Successful Bid Notices 54
(16) Trial Periods 54-55
(17) Transportation: Successful Bidders 55
(18) Seniority and Wage Rate: Successful 55
Bidders
254
<PAGE>
<PAGE>
ARTICLE PAGE
------- ----
10 VACANCIES AND BIDDING (continued)
(19) Notice to Unsuccessful Bidder:
Qualification Review Procedures 56
(c) Temporary Crew Chief Assignments 57
(d) Temporary Assignment to Another Seniority 58
Grouping
(e) Company Promotion Policy 58
11 GRIEVANCE PROCEDURE
(a) Stewards and Committees 59
(b) Full Time Committees 59-61
(c) Step 1; Step 2; Step 3; Disciplinary Time 61-64
Off and Discharge
(d) General 64
12 SYSTEM BOARD OF ADJUSTMENT 65
(b) Referee Panels 65-66
(c) Board Jurisdiction 66
(d) Board Appeals 66-67
(h) Referee Selection 67
(r) Witness Expenses and Transportation 69
13 LEAVES OF ABSENCE
(a) Medical Leave 69-70
(b) (1) Applications and Extensions 70
(2) Third Party Physician Resolution 72
(c) Union Leaves of Absence 72
(d) Return from Authorized Leaves 72
(f) Return From Military Leave 72
(g) Leave Expiration Notice 72
(h) Public Office 72-73
14 SAFETY AND HEALTH 73
(b) Safe and Sanitary Working Conditions 73
(c) Safety Committees 73
Safety Compliance Procedure 74-75
(h) Uniforms 75
15 FREE TRANSPORTATION 76
(b) Union Staff Passes 77
(c) Laid Off Employee Pass 77
(d) Retiree Pass Privilege 77
(e) Vacation Pass 77
255
<PAGE>
<PAGE>
ARTICLE PAGE
------- ----
16 VACATIONS 78
(b) Allotment Schedule 78
(c) Accrual 78
(g) Laid Off or Leave Status 79
(h) Resignation or Discharge 80
(l) Company Seniority Applies in Selection of
Vacation 80
(m) Vacation Schedules 80-81
(o) Vacation Selection 81-82
(p) Day-at-a-Time Vacation Procedure 82-83
17 SICK LEAVE 84
(b) (1) Occupational Illness 84
(b) (2) Occupational Illness and Sick Leave 84
Re-accrual and Restoration
(g) Physician's Certificate 85
(j) Death in Family and Dangerous Illness 86
(k) Attendance Records 86
18 LONGEVITY 86
19 SHIFT PREMIUMS
(a) Afternoon and Night 87
(b) Shift Definitions 87
(d) Relief Schedules 87
(1) Day Off 87
(2) Vacation 87-88
(3) Rotating 88-89
20 BENEFITS
(a) (1) In Network Deductible 89
(2) Covered Expenses 89
(3) Preventive Health Care Benefits 89
(4) Home Health Care Benefits 89-90
(5) Hospice Care Benefits 90
(6) Dental Plan Benefits 90-91
(7) Acute Care Prescription Drug Program 92
(8) Medical Plan Prescription Drug Benefits 92
(9) Chiropractic Care Benefits 92
(b) Employee Life Insurance 92
(c) Bomb Insurance 92
(d) Aviation Insurance 92
(e) Retiree Benefits 92-93
(f) Additional Life Program 93-94
(g) Tool Box Insurance 94
256
<PAGE>
<PAGE>
ARTICLE PAGE
------- ----
21 WAGE RULES
(a) Line Differential 94-95
(c) through (h) Pay 95
(i) Jury Duty 95-96
(k) License Premium 96
(1) Cost of Living 96-97
22 APPRENTICESHIP PROGRAM 97
23 GENERAL AND MISCELLANEOUS
(a) Employees Grown Old in Service 97
(b) Employees Service Files 97
(g) Emergencies 98
(h) Union Bulletin Boards 98
(j) Work Stoppage and Lockout 98-99
(m) Free Parking 99
24 SAVINGS CLAUSE 99
25 GEOGRAPHICAL SCOPE OF AGREEMENT 99
(b) Seniority Rights 99-100
(d) Return From Overseas 100
(e) Selection For Overseas 100
(f) Notification of Seniority Status 100
26 UNION SECURITY
(a) Membership in Good Standing 101
(e) Delinquency 102-103
(f) Appeal Procedures 103-104
(i) Employee Notices 104
(m) Representation Notice 104-105
(n) thru (s) Dues 106-107
27 LAYOFF PAY 108
(b) Eligibility 108-109
(c) Pay and Restoration 109
28 LETTERS AND AGREEMENTS 111
29 EFFECTIVE DATE AND DURATION 248
257
