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Printable Version of Tentative Agreement
Letter
from District 141 President & General Chairman Randy Canale
LETTER OF
AGREEMENT
Between
US
AIRWAYS, INC. and AMERICA WEST AIRLINES, INC.
and
the
FLEET
SERVICE EMPLOYEES
in the
service of
AMERICA WEST AIRLINES, INC. and US AIRWAYS, INC.
as
represented by
INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS
________________________________________________________________________________
FINAL
TRANSITION AGREEMENT
THIS
LETTER OF AGREEMENT is made and entered into in accordance with the
provisions of the Railway Labor Act, as amended (the “Act”), by and
between America West Airlines,
Inc. (“America West”), US
Airways, Inc. (“US Airways”
and, together with America West, the “Airline Parties”),
and the FLEET SERVICE EMPLOYEES in the service of US Airways and
America West, as represented by the INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS (the “Union”). All parties are
collectively referred to as the “Parties”.
WHEREAS, effective September 27, 2005,
America West Holdings Corporation became a subsidiary of US Airways
Group Inc.; and
WHEREAS, effective May 11, 2006, the
National Mediation Board found that the International Association of
Machinists and Aerospace Workers is the sole certified representative of
the fleet service employees of both America West Inc. and US Airways
Inc.; and extinguished the Transport Workers Union (“TWU”)
certification; and
WHEREAS, the Airline Parties
intend that they will continue to operate with separate fleet service
work groups until the two fleet service workforces are integrated under
the provisions herein;
THEREFORE, the following applies:
I.
Transition Dates. In general, the America West Employees
in the Fleet Service craft or class (“West Employees”) will transition
to the existing US Airways/IAM Collective Bargaining Agreement, as
amended (the “CBA”) within 30 days of ratification of this Agreement
(the “Transition Date”), except where transition dates for specific CBA
articles are otherwise set forth in Attachment A hereto.
II.
Seniority List Integration
As described in Attachment C.
III. Operational Employee Integration
Operational Employee Integration (OEI) is defined as the
time the Fleet Service Employees of America West and US Airways are
integrated into a combined Fleet Service workforce, with the application
of the combined fleet service seniority list. The Company will
accomplish OEI no later than six (6) months following ratification.
IV. Effective
Date
This Letter of Agreement:
- Governs in case of
conflict between one of its terms and a provision of the existing US
Airways fleet service Collective Bargaining Agreement, as amended;
- The Company will,
no later than six (6) months from date of ratification of this
Agreement, provide each Fleet Service Employee a single Collective
Bargaining Agreement containing the language changes incorporated in
this Transition Agreement.
IN WITNESS WHEREOF, the
parties hereto have executed this Letter of Agreement effective this
____ day of _____________, 2008.
AMERICA WEST AIRLINES, INC.:
By:__________________________________
US AIRWAYS, INC.:
By:________________________________
INTERNATIONAL ASSOCIATION OF MACHINISTS AND
AEROSPACE WORKERS:
By:________________________________
ATTACHMENT A
Below are the terms for
the transition of West Employees to specific CBA Articles. Where the
Transition Date specified herein is prior to Operational Employee
Integration (OEI) the application of such provision will be
separate between East and West Fleet Service Employees until
the date of Operational Employee Integration (OEI). Additionally certain
modifications to the East Agreement are also included and will become
effective as described in each section below.
1.
Article 1 (Purpose of Agreement) Will apply to West Employees
on the Transition Date.
2.
Article 2 (Status of Agreement) Will apply to West Employees
on the Transition Date.
Effective on Transition Date amend CBA as follows:
-
Change in control language in paragraph B beginning on line 32 will
be deleted.
3.
Article 3 (Recognition and Scope) Will apply to West
Employees on the Transition Date.
Effective on Transition Date amend CBA as follows:
-
For the period from the effective date of this Agreement, the
Company will not outsource normal and customary ramp work as
described in Article 4.A.1 at any station where that work is
currently being performed by Fleet Service Employees of US Airways /
America West providing such station maintains more than fourteen
(14) scheduled jet departures weekly (calculated on an annualized
basis based on the time frame outlined in the CBA). This provision
will remain in effect through December 30, 2011. Effective December
31, 2011, any station covered under this paragraph (except those
listed below in bullet point 3) will fall under the January 31, 2005
CBA, Article 3 as amended.
-
For the period from the effective date of this Agreement, the
Company will not be required to in-source any work or station that
is currently out-sourced as of the effective date of this Agreement.
Effective December 31, 2011 any station covered under this paragraph
will fall under the January 31, 2005 CBA, Article 3 as amended.
-
Effective December 31, 2011, any of the following stations (ABQ,
AUS, BUR, ELP, OAK, OMA, ONT, RNO, SJC, SLC, SMF, PDX, MSP, MCI,
MKE, SEA, DEN and SAN) may be out-sourced if they fall below
twenty-eight (28) weekly jet departures on an annualized basis.
-
Effective with the date of this Agreement the Company will not
outsource normal and customary Cargo work as described in Article
4.A.3 in PHX, LAS and LAX.
4.
Article 4 (Classifications) West Employees in the positions
listed below (as of the Transition Date) will convert to Article 4
classifications on the Transition Date, as follows:
West Fleet Service Lead Agents will be assigned to the US
Airways Fleet Service Lead Agent classification under Article 4 of the
existing IAM CBA.
West Fleet Service Employees other than Lead Agents will be assigned to
the US Airways Fleet Service Agent classification under Article 4 of the
existing CBA.
·
The Parties agree that non-contract West Employees in LAS and PHX who
are performing normal and customary tower work will be assigned to the
US Airways Fleet Service Lead Agent classification under Article 4 of
the existing IAM CBA and will be given a Fleet Service Classification
date the same as listed in the “adjusted seniority date field” in the
America West’s Human Resources Information System and verified by the
Union. Future tower vacancies which the company decides to fill in PHL,
CLT, LAS and PHX will be filled through a company selection process. In
the event of a reduction in force these Employees will be subjected to
Article 9 of the 2005 Agreement.
Non-Contract West Employees in PHX who are performing normal and
customary weight and balance work will be assigned to the US Airways
Fleet Service Agent classification under Article 4 of the existing IAM
CBA and will be given a Fleet Service Classification date the same as
listed in the “adjusted seniority date field” in the America West’s
Human Resources Information System and verified by the Union.
·
The classification of Lead Agent may include part-time Leads in stations
with former West Employees and where there are current part-time leads
or the station has previously had part-time leads, not to exceed a
combined total of sixty-eight (68) part-time leads.
5.
Article 5 (Hours of Service) Will apply to West Employees no
later than OEI.
·
The Company and the Union will sign a Letter of Agreement
outlining the provisions for ten (10) hour work days where utilized by
the Company.
Effective on OEI amend CBA as follows:
·
Employees may shift swap off their regular scheduled shift
up to (26) times per calendar quarter. Local policy may be less
restrictive.
6. Article 6 (Overtime) Will apply to East and West
Employees no later than OEI.
Effective on OEI amend CBA as follows:
·
Employees will be equalized for actual overtime hours
worked and, if signed up on the overtime availability list, for actual
overtime hours offered and refused and for those overtime hours for
which the signed up Employee could not be contacted. Employees who do
not sign up on the availability list will not be charged any hours
eligible to work for the purpose of equalization unless they work the
overtime.
·
Effective OEI the following provision will become
effective.
Overtime - Article 6.Q will be
modified as follows:
Modify 3. After the weekly
overtime qualifier has been met, overtime will be paid at one and
one-half (1˝) times the regular rate for the first eight (8) hours
overtime worked and two (2) times the regular rate for all overtime
hours worked thereafter except as provided for in items 4 and 5 below.
Add 4. Employees must work a
minimum of four (4) hours at an overtime premium rate on their first
regularly scheduled day off in order to be paid two (2) times the
regular rate for all overtime hours worked on their second (or third)
regularly scheduled day off.
Add 5. Employees who shift
trade to be off and who work overtime on the day off shall be paid a
maximum rate of time and one-half 1 (˝) for the first eight (8) hours of
overtime worked and two (2) times the regular rate for all overtime
hours worked there after.
7. Article 7 (Seniority) Integrated Seniority list will
apply to all Employees no later than OEI.
Effective on Transition date amend CBA as follows:
·
Effective on date of ratification, the 60 day rule will
be eliminated for any furloughs that occur after that date.
·
All Employees who are currently working at any station
under the 60 day rule or any station covered under the Interim
Transition Agreement on the first day of the first pay period following
ratification will be placed on the pay scale consistent with their US
Airways pay seniority on date of furlough.
·
Employees currently on involuntary furlough for 60 days or
more shall forfeit all pay date seniority except that an employee who is
recalled to the station from which he was furloughed prior to OEI will
be placed in the pay scale consistent with their pay date seniority at
date of furlough. In addition, if an employee’s furlough station remains
closed and the Employee is recalled to their selected recall station
prior to OEI, such Employee will be placed on the pay scale
consistent with their pay date seniority at date of furlough.
8. Article 8 (Filling of Vacancies) Will apply to West
Employees on Transition Date.
9.
Article 9 (Reduction in Force) Will apply to West
Employees on the Transition Date.
Effective on Transition date amend CBA as follows:
·
Paragraph B.2.e modify such that Employee will also be
prohibited from submitting system transfers for a period of twelve (12)
months to part-time positions in their location if they had sufficient
seniority to displace to part-time.
·
Paragraph C.4 modify such that full-time Employees have
part-time recall only if they did not have sufficient seniority to
displace to part-time.
10.
Article 10 (Voluntary Furlough) Will apply to West Employees
on the Transition Date.
11.
Article 11 (Medical Examinations) Will apply to West
Employees on the Transition Date.
12.
Article 12 (Leaves of Absence) Will apply to West Employees
for all requests for leave and for any extensions or alterations
to leaves that become effective on or after the Transition Date.
The terms and conditions approved for leaves prior to the
Transition Date will remain in effect until the termination of
those leaves.
Effective on Transition Date amend CBA as follows:
-
Employees on medical leave as a result of an occupational injury
will have medical/dental benefits extended for (9) months after last
compensated day provided the Employee continues to pay his/her
portion of the cost.
13.
Article 13 (Sick Leave) Will apply to West Employees on
1/1/2009. In addition, any remaining unused sick leave days from the
Employee’s sick leave bank that were rolled over on January 1, 2007 and
all unused sick days accrued in 2007 and 2008 by West Employee will be
placed into the Employee’s sick leave bank.
Effective on OEI amend CBA as follows:
·
Modify paragraph B so that the first three (3) days of
each occurrence will be paid at fifty –percent (50%) and decremented at
fifty-percent (50%) rate.
·
Employees who have one hundred (100) or more days in
their sick leave bank on the date of the sick leave occurrence will be
paid one-hundred percent (100%) and one-hundred percent (100%) deducted
from their sick bank.
·
Employees hospitalized overnight within the first three
(3) days of any occurrence will have applicable sick leave days paid at
one-hundred percent (100%).
14.
Article 14 (Holidays) Will apply to West Employees on
date of ratification.
Effective on date of ratification amend CBA as follows:
·
Effective on date of ratification add Memorial Day.
·
Effective 1/1/ 2009 add Martin Luther King Day.
15.
Article 15 (Vacation) Will
apply to West Employees effective January 1, 2009. For calendar year
2008 West Employees will continue to accrue/use vacation under the
America West Agreement.
Effective 1/1/2009 all Employees will accrue
and bid vacation under the provisions of the CBA. Modify CBA effective
1/1/2009 as follows:
|
When Employee Begins Their |
Monthly Accrual |
Vacation Allowance |
|
1st Year of Service |
1.0 |
10 Days |
|
5th Year of Service |
1.5 |
15 Days |
|
14th Year of Service |
2.0 |
20 Days |
(Note: Based on a five (5)
day workweek. Employees do not accrue vacation in the months of June
and October per current collective bargaining agreement.)
16.
Article 16 (Limited Duty) Will apply to West Employees
on the Transition Date.
17.
Article 17 (Probation) Will apply to West Employees on the
Transition Date. Any West Employee on probation as of the Transition
Date will serve a ninety (90) active work day probation period from the
Transition Date, but in no case will the employee’s probation period
exceed one hundred eighty (180) days from original date of hire.
18.
Article 18 (Uniforms) Will apply to West Employees on
Transition Date.
19.
Article 19 (Shift Definition) Will apply to West Employees
on the Transition Date.
20.
Article 20 (Grievance Procedure) Will apply to West Employees
on the Transition Date.
21.
Article 21 (System Board of Arbitration) Will apply to West
Employees on the Transition Date.
22.
Article 22 (Insurance) West Employees will transition to
health and welfare benefits under Article 22 on January 1, 2009 and will
no longer be eligible for Company paid STD or LTD on that date.
·
US Airways will not oppose the posting of any bulletins
offering benefits provided by any insurance company sanctioned by the
IAM & AW (excluding the current LTD Plan offered through the company by
NGP) on IAM bulletin boards that US Airways does not offer under the
current benefits for Employees covered under this Agreement
·
Should the Company extend the duration of COBRA benefits
to retirees of any other represented group such extension will also be
made available to employees covered under the agreement.
23.
Article 23 (Pension) Will apply to West Employees on
1/01/2009. On that date the employer contribution to the current
401k/Retirement Plans (3% West 401k match) is frozen from new Company
contributions for West employees.
24.
Article 24 (Training and Travel) Will apply to West Employees
on the Transition Date.
25.
Article 25 (Safety and Health) Will apply to West Employees
on the Transition Date.
Effective on Transition Date amend CBA as follows:
·
Paragraph B-Replace PIT, CLT and PHL with any location
with 275 or more Fleet Service Employees.
26.
Article 26 (Part-Time Employees) Will apply to West Employees
on the Transition Date.
·
The part-time ratio for West Employees will not be
applicable until OEI.
·
Union withdraws “part-time ratio” grievance with
prejudice.
27. Article 27 (Union Security) Will apply to West Employees
on the Transition Date.
28.
Article 28 (General and Miscellaneous) Will apply to West
Employees on the Transition Date.
Effective the Transition Date the Company will provide Space Positive
Travel to Company Employees and Retirees on permanent full-time union
business as follows:
The Company will authorize reasonable space positive travel (on a
self-book basis) for up to five (5) union officials, providing that:
·
Such officials are employees or retirees of the Company,
and
·
Are on full time union leave, and
·
Where the majority of their Union duties are related to
the Company.
Such space positive travel is only authorized where the purpose of the
travel is all or substantially all related to the Company. Space
positive travel is not authorized for commuting, or any union business
including but not limited to training and union conventions. Officials
authorized space positive travel will be required to complete a monthly
summary (no later than 10 days from the close of the previous business
month) detailing all space positive travel in the applicable month.
29. Article 29 (Amendments to the Agreement) Will apply to
West Employees on the Transition Date.
30. Article 30 (Compensation)
West Employees will transition
to the pay scale under the CBA as outlined below. Pay date seniority for
West employees will be the existing pay seniority date. All premiums not
applicable under the CBA will be eliminated on the Transition date.
In no case will a West employee suffer a
reduction in current pay rate as a result of moving to the East pay
scale.
Example:
A West Employee whose hourly pay rate
(including geographic premium but not including lead premium) is above
the appropriate step of the CBA scale will be “Red Circled” at the
higher pay rate until such time as the Employee’s pay seniority entitles
the Employee to a higher hourly pay rate.
Effective on Transition Date amend CBA as follows:
·
Eliminate “in Class I
stations” in Paragraph A and add CLP.
·
Eliminate Class II
pay scale in the Collective Bargaining Agreement.
·
Eliminate Paragraph B
·
Eliminate Paragraph C
·
Eliminate Paragraph D
·
Eliminate Paragraph H
Effective 1/1/2008
·
The longevity steps and pay
scale as found in Attachment B will become effective the first day of
the first pay period following ratification of this
Agreement.
·
Add to paragraph F:
1/1/2010 a 2 % wage increase and 1/1/2011 a 2 % wage increase.
·
The IAM agrees that it
irrevocably waives and thus will not be eligible for any future profit
sharing payments. It also agrees that such future monies that would
otherwise have been due to the IAM under the profit sharing program will
not be paid to IAM and instead will be retained by the Company and will
not be available for distribution for profit sharing to any other
employee groups.
·
The Company may hire a new
Employee at a rate above the minimum on the wage scale provided there is
not a more senior employee at that location who is paid less than such
new employee at that location. The Company retains the right to pay the
wage rates stated in the wage scale to Employees hired subsequent to any
Employee hired and paid above the minimum on the wage scale.
Pay Transition for all West employees and
East Employees in current Class II stations.
-
Within thirty (30) days of ratification of this Agreement, these
Employees’ pay rate will be increased by fifty-percent (50%) of the
difference between their then current pay rate and the pay rate at
their appropriate step of the pay scale under the CBA.
- Effective on the
first Monday of the first pay period six (6) months from the
effective date of the first pay increase. Employee pay rates will be
increased to one-hundred (100%) of the difference between their then
current pay rate and the pay rate at their appropriate step of the
pay scale under the CBA.
31.
Article 31 (Duration) The CBA will be amended to remain in
full force and effect through December 31, 2011, and thereafter unless
and until reopened in accordance with the Railway Labor Act.
·
The parties will
commence bargaining for a new collective bargaining agreement no later
than July 15, 2011. In the event the parties have not reached a
tentative agreement during the status quo period following the
amendable date, all base rates will be increased by two (2) percent for
all employees effective on the first day of the first pay period
following July 1, 2012.
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Attachment
B |
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Fleet Service Agent Pay Scale |
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Pay Seniority |
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2% |
2 % |
2 % |
2% |
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Completed |
2008 |
Jan 2009 |
Jan 2010 |
Jan 2011 |
Jul 2012** |
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Start |
$9.29 |
$9.48 |
$9.67 |
$9.87 |
$10.07 |
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1 |
10.26 |
10.47 |
10.68 |
10.90 |
11.12 |
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2 |
11.06 |
11.29 |
11.52 |
11.76 |
12.00 |
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3 |
11.72 |
11.96 |
12.20 |
12.45 |
12.70 |
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4 |
12.21 |
12.46 |
12.71 |
12.97 |
13.23 |
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5 |
14.23 |
14.52 |
14.82 |
15.12 |
15.42 |
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6 |
14.49 |
14.78 |
15.08 |
15.39 |
15.70 |
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7 |
15.31 |
15.62 |
15.94 |
16.26 |
16.59 |
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8 |
16.22 |
16.55 |
16.89 |
17.23 |
17.57 |
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