2026 Collective Bargaining Agreement
Between Federal Express Corporation and the Air Line Pilots in the service of Federal Express Corporation, as represented by the Air Line Pilots Association, International. June 29, 2026.
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Section 1: Recognition, Scope and Successorship
A.p.1 Recognition
1.In accordance with the National Mediation Board’s certification in case number R-6450 dated October 29, 1996, as transferred from the FedEx Pilots Association to the Air Line Pilots Association (“the Association”) in File No. C-6762/Case No. R-6450, 29 NMB 320 dated May 29, 2002, the Company recognizes the Association as the duly authorized representative for the specific craft or class of flight deck crew members (hereinafter referred to as “Pilots”) of the Company covered by the Railway Labor Act (“the RLA”).
2.The Company further recognizes that included in the craft or class represented by the Association in conformity with the RLA are those crewmembers on Foreign Duty Assignment (“FDA”), Special International Bid Award (“SIBA”) and/or any other international assignment, domicile or location manned by Pilots on the Federal Express Master Seniority List.
B.Scope, Operation of Company Aircraft
The Company’s revenue flights (including Company revenue charter flights), conducted with aircraft owned, leased, or operated within the domestic or international operations described below, conducted with aircraft over 60,000 lbs. MTOGW, shall be flown only by Pilots whose names appear on the Federal Express Master Seniority List in accordance with the terms of the Agreement.
1.“Domestic flights” are all those Company flights wherein all flight legs within a single pairing originate and terminate at cities located solely within the contiguous 48 states.
2.“International flights” are all Company flights which originate from, terminate in or transit the U.S. or its territories via a location outside the contiguous 48 states. International flights also include all flights conducted by any Pilots on the Federal Express Master Seniority List assigned to Foreign Duty Assignment (“FDA”), or Special International Bid Award (“SIBA”).
3.All Domestic and International revenue flights conducted with aircraft that are owned, leased, or operated by the Company, having a MTOGW of greater than 60,000 lbs., and operated pursuant to the Company’s Airline Operating Certificate, or any additional Part 121 Airline Operating Certificate obtained by the Company, shall be operated by Pilots on the Federal Express Master Seniority List in accordance with the terms of the Agreement. Flying conducted with aircraft at or under 60,000 lbs. MTOGW (commonly referred to as “feeder flying”) shall not be substituted for Federal Express trunk flying (over 60,000 lbs. MTOGW) so p.2 as to cause a furlough of any Federal Express pilot. However, if and to the extent that and for such period of time that the furlough is the result of an act beyond the control of the Company (e.g., FAA grounding of a fleet, etc.), feeder/wet lease flying may be used to replace lost trunk flying. The Company shall not deploy multiple feeder flying in the domestic system to effect an elimination/reduction of the overall flying of an affected aircraft type; however, the Company may use multiple feeders to assume some existing trunk flying when aircraft or lift shortages exist during high volume periods. If feeder flying is substituted for Federal Express trunk flying, any Pilots who are assigned a crew position as a result of such substitution (and not due to changes in fleet deployment or composition unrelated to feeder flying such as retirement/replacement of an aircraft type), shall not have their hourly rate of pay reduced. This hourly rate protection shall end if a junior pilot is activated into a higher paying crew position that the senior pilot could have bid upon and been awarded, but elected not to do so.
4.Notwithstanding any other provision of the Agreement, the Company may continue to interline, co-load, code-share, part charter and enter into block space agreements with other carriers to move freight and service in International (outside the contiguous 48 states) markets as required. Within the Domestic system (the contiguous 48 United States) the use of the above shall be done only: (1) when necessary to expedite or (2) when economically necessary, unless otherwise agreed to by the parties.
5.At any time during the year should severe damage or destruction to a hull(s) occur the Company may utilize wet lease on a one for one basis until the lost aircraft is actually replaced in the fleet or for a period of one year, whichever is earlier.
6.The Company may also wet lease aircraft above 60,000 lbs. MTOGW to perform flights covered by this Agreement subject to the following progressive penalty schedule, which is based on the number of block hours flown by any wet leased aircraft under this Paragraph (i.e., Section 1.B.6.) as a percentage of total revenue block hours flown by FedEx Express trunk aircraft in the prior fiscal year:
| Prior Calendar Year Net Aircraft Difference | Penalty per Block Hour | |
|---|---|---|
| Negative | Non-Negative | |
| 0 - 1.00% | 0 - 1.25% | None |
| >1.00 - 1.50% | >1.250 - 1.75% | SPR |
| >1.50% | >1.75% | 2x SPR |
[Note: Prior Calendar Year Net Aircraft Difference (PCYNAD) shall be determined pursuant to the PCYNAD Methodology as provided in Section 1.G.]
p.3 Example: FedEx trunk aircraft operated 100,000 revenue block hours in FY2027. The following fiscal year it wet leases aircraft. SPR equals $1,000 in 2028.
[Assumption: FY 2027 begins January 1, 2027 and ends December 31, 2027.]
If the fleet size remained the same in FY2027 and the wet leased aircraft operated 1250 block hours in FY2028, no penalty would apply.
If the total fleet size reduced in FY2027 and the wet leased aircraft operated 1250 block hours, the penalty owed would be $250,000 (i.e., (1250-1,000) x $1,000).
If the Company added 5 new aircraft in FY2027 and the wet leased aircraft operated 2250 block hours, the penalty owed would be $1,500,000 (i.e., ((1,750-1,250) x $1,000) + (2,250- 1,750) x $2,000)).
Prior to the first business day of each February bid period, the Company shall notify the Association, in writing, of the total revenue block hours flown by Company aircraft operated by Pilots on the Federal Express Master Seniority List in the prior year and the permissible number of wet lease block hours allowed by Section 1.B.6. In making this calculation, the Company shall round down to the nearest whole number.
The Company shall provide at least 30 days’ written notice to the Association of any such wet lease(s) (measured from the date the wet lease agreement is executed), except when the Company is unable to provide 30 days’ notice due to the nature of the situation that results in the use of wet leased aircraft. In such a case, the Company shall give as much advance notice as is possible under the circumstances.
If the Company enters into a wet lease under this provision, which is anticipated to exceed 26 weeks in a calendar year, it will consult with the Association on an expedited basis. At a minimum, the Company will provide information regarding the reason for the wet lease, its planned duration, and any anticipated impact to Pilots.
Should a wet lease actually extend beyond an aggregate total of 26 weeks in a calendar year, a penalty of 2 SPR will be incurred for each block hour flown pursuant to that wet lease beyond those 26 aggregate weeks, in addition to any other penalties due. Should, at the end of the calendar year, the Company have a net Master Seniority List growth of at least one Pilot, the penalty described in this paragraph shall be waived for the calendar year.
[Note: A week is a seven (7) day period running from a Sunday through the following Saturday, with the day based on the Memphis local base day (01:30 through 01:29, see Sections 2.38, 2.82, and 25.A.2.). A p.4 week is counted as part of wet lease operations if any wet lease block hours are flown in that week.]
Penalty payments due under this provision shall be distributed to Pilots in the manner determined by the Association before the end of the first quarter of each year.
[Note: The penalties in Section 1. B.6. will go into effect on the first day of the January bid period following the effective date of the Agreement. Legacy methodology shall be used until that date.]
7.The Company may enter into wet lease and other agreements with other carriers at any time without penalty or payment to any pilot or the Association in order to deliver freight to cities that cannot be served by Federal Express trunk aircraft because:
a.The Company does not possess all the requisite regulatory authority (or what authority it does possess is in dispute with any government or any agency thereof), all traffic authority and foreign government approvals/authority, as are necessary to fly the scheduled or required route. Should the Company not possess the requisite regulatory authority at the time of the wet lease, it shall make a good faith effort to acquire that authority.
b.Foreign government or foreign authorities’ action restricts the use of Pilots on the Master Seniority List so as to render the use of FedEx Pilots not operationally or economically feasible.
c.An Emergency (as defined by Section 2.53) exists that precludes the Company from utilizing Company aircraft. In the event the Company wet leases aircraft under this provision, the Vice President, Flight Operations, shall notify the Association and crew force through an FCIF as soon as practicable. Routine maintenance problems shall not constitute an Emergency.
d.The utilization of Pilots on the Master Seniority List is not, or does not continue to be, economically or operationally feasible given the low freight volume, treaty or regulatory restrictions on the right of the Company to move freight through or beyond certain countries or cities, or remoteness or isolation of the served city to the existing Federal Express international route structure.
8.Should the configuration of a given shipment (certain satellites, aircraft, helicopters, etc.) preclude the Company from using one of its own aircraft, then the Company may enlist the services of another carrier to handle that shipment on a sub-contract basis.
9.Company Scope Reporting & Meeting Obligations
a.The Company shall notify the Association quarterly concerning all wet leasing done during the preceding three bid periods pursuant to Section 1.B.5., B.6., B.7. or B.8. The Company shall identify the p.5 operator of the wet lease(s), the trip(s) flown by same, weight of cargo flown on the wet lease, and the reason and effect on Federal Express crewmembers.
b.If the Company wet leases pursuant to Section 1.B.7.b. or d. during the preceding three bid periods, the Company will, at the Association’s request, provide the Association with supporting information.
c.Upon reasonable request, the Company will provide the Association with information necessary to enable the Association to verify compliance by the Company with the terms of this Section. Requests from the Association regarding Section 1.B.4., B.6., and B.7. movements shall be based on specific instances and shall not be unduly burdensome.
d.The Company shall meet with the Association on a quarterly basis to discuss wet leasing, fleet acquisition and disposal plans and to share with the Association the additional Federal Express trunk route additions/deletions it anticipates over the next quarter. Upon Association request regarding Section 1.B.4. operations, the Company will, at the quarterly meeting, provide the requested information (e.g., supporting information regarding Section 1.B.4. operations between SJU-CLT). A standing committee consisting of an equal number of Association and Company representatives shall meet within fifteen (15) days following the end of the calendar quarter to review and discuss these matters. If the Company invokes Section 1.B.7.a. for operations during the preceding three bid periods because it did not possess all the requisite regulatory authority as necessary to fly a scheduled or required route with FedEx aircraft, it will at the quarterly meeting provide the Association with supporting information related to the Company’s good faith efforts to acquire the requisite regulatory authority.
[Note: Beginning in calendar year 2026, and subject to a non-disclosure agreement, the Company will provide the Association with aggregate data regarding movements covered by Section 1.B.4. for the purpose of ascertaining business and operational trends]
e.Proprietary, sensitive or confidential information provided under this Section will, at the Company’s request, be reviewed by Association representatives under confidentiality agreements.
10.No pilot shall be involuntarily furloughed while the Company wet leases any aircraft pursuant to Section 1.B.6.
11.Penalties and Requirements in the Event of a Furlough
a.Should the Company have any Pilot on a non-voluntary furlough pursuant to Section 23.A., all Section 1.B.6. wet leases shall be subject to a penalty of one SPR for every wet lease block hour p.6 flown thereafter until all Pilots have reported for duty from a recall notice (or declined recall) or the last furloughed pilot ceases to accrue seniority as provided in Section 23.A.4., whichever is earlier. This penalty is in addition to any penalty required by Section 1.B.6., however, in no event shall the total penalty exceed 2.5x SPR per wet lease block hours flown. Before the end of the first quarter of each fiscal year, penalty payments due under this provision shall be distributed on a per capita basis to Pilots who were on furlough when the penalty accrued.
b.In addition, in the event the Company enters into a Section 1.B.6. wet lease while a Pilot is on a non-voluntary furlough pursuant to Section 23.A., the Company shall recall a number of pilots equivalent to the staffing needs for the flight schedules operated by the wet leased aircraft.
C.Parent, Affiliates, and Alter-Ego Prohibition
1.Should the Company or parent of the Company (FedEx Corp.) or any subsidiary or Affiliate directly or indirectly Controlled by the Company or parent of the Company acquire with the intention of retaining and operating a U.S. certificated air carrier or air operation operating aircraft of over 60,000 lbs. MTOGW, then the acquired carrier’s routes and operation of aircraft above the MTOGW of 60,000 lbs. shall be assumed by the Pilots on the FedEx Master Seniority List. If the acquired airline is to be sold in the normal course of business, these seniority-merger provisions do not apply. If FedEx Corp., its subsidiaries or Affiliates retain and operate the acquired airline, the assumption of the acquired flying by Federal Express Master Seniority List Pilots shall take place as soon as reasonably practical after either the merger of the acquired carrier’s appropriate pilots (those flying aircraft over 60,000 lbs.) into the Federal Express Master Seniority List in the manner set forth in Section 1.D.1. and 3., or in the event the pilots from the acquired carrier are not intended to be retained, then upon the final regulatory confirmation and transfer of the operating certificates to Federal Express and/or FedEx Corp.
2.Neither FedEx Corp., the Company, nor any Affiliate of FedEx Corp. will create, acquire, or maintain an “alter-ego” airline operating aircraft over 60,000 lbs. MTOGW. Should FedEx Corp. or any of its Affiliates create or acquire an RLA carrier operating aircraft over 60,000 lbs. MTOGW, it shall be housed within the Company (i.e., Federal Express Corporation) and will operate under the terms of this Agreement (if FedEx Corp. or any of its Affiliates creates an RLA carrier) or in accordance with Sections 1.C.1., 1.D.3. and D.4. (if FedEx Corp. or any of its Affiliates acquires an RLA carrier). FedEx Corp. agrees to be bound by Sections 1.C.1., 1.D.2., and 1.E., should there be a dispute under this Section 1.C.2.
D.p.7 Acquisition and Successorship
1.If an Entity that is a U.S. certificated airline or U.S. certificated air cargo operation or is Affiliated with such an airline or operation, acquires Control of the Company or its parent or acquires all or a substantial portion of the Company’s air operations and as a result Pilots on the Federal Express Master Seniority List are to be integrated with Pilots on seniority lists at that airline or air cargo operation, the integration of pilot seniority lists shall be governed by the Association’s Merger Policy if the Association represents the airline’s Pilots as well as the Federal Express Pilots and otherwise under the McCaskill-Bond Amendment and Section 3 and Section 13 of the Allegheny-Mohawk Labor Protective Provisions [as specified in 59 CAB 22 (1972)].
2.This agreement shall be binding upon any Successor of the Company or its parent, including without limitation, any assignee, purchaser, transferee, administrator, receiver, executor, and/or trustee of the Company or its parent or any Entity that acquires Control of the Company, or the Company’s parent, or acquires all or a substantial portion of the Company’s air operations (hereinafter referred to as a “Successor” to the Company). Neither the Company nor its parent shall consummate a Successor transaction unless the Successor agrees in writing, in advance of executing an agreement to consummate such transaction and as an irrevocable condition of the Successorship transaction, to assume and be bound by the Agreement, to recognize the Association as the representative of the Federal Express Pilots and to guarantee that the Pilots on the Federal Express Pilots’ Master Seniority List will be employed by the Successor in accordance with the provisions of this Agreement. The Successor shall continue to recognize the Association in accordance with Section 1.A. unless and until the National Mediation Board transfers or extinguishes the Association’s certification following an operational merger. The Successor shall continue to be bound by the Agreement until the terms of the Agreement are modified in accordance with applicable law.
3.Should the Company (or a Company Affiliate including the Company’s parent) acquire, merge, or operate another U.S. certificated airline or U.S. certificated air operation that employs pilots who operate aircraft with a MTOGW of greater than 60,000 lbs., then such pilots operating aircraft above 60,000 lbs. MTOGW scheduled to be retained, if any, shall be integrated into the Federal Express Master Seniority List in accordance with the process described in Section 1.D.1.
4.If the acquired carrier will be retained under Section 1.C.1. or 1.D.3., or if there is a Successor that is an air carrier or has an air carrier Affiliate, and as a result FedEx Pilots are to be integrated with the pilots on the seniority lists at the other airline or air cargo operation, then:
a.p.8 The Company and the other air carrier will, upon receipt of the Association’s written request and within a reasonable period of time, begin negotiations with the Association and the pilots employed by the other air carrier through their collective bargaining representative, if any, for a joint collective bargaining agreement for the pilots of the merged carrier.
b.While the completion and implementation of an integrated pilot seniority list and a joint collective bargaining agreement is pending or in process:
i.the pilots and flight operations of the Company and the other air carrier will remain separated (and pilots and aircraft will not be transferred between carriers, except aircraft may be exchanged between the carriers to deal with unforeseen operational circumstances), with pilots employed by each air carrier operating under the terms of their respective collective bargaining agreements and employment policies (if the pilots of the other air carrier did not have a collective bargaining agreement); and
ii.the Company and/or Successor agree not to divert active and existing flying done by Federal Express Pilots to the other air carrier. The restrictions in Sections 1.D.4.b.i. and ii. shall not preclude the Company or Successor, if not otherwise prohibited by Section 1, from:
(a)acting to eliminate redundancies, overlaps of routes/services or similar services/routes provided by both carriers;
(b)coordinating operations, insofar as not specifically prohibited;
(c)exchanging assets (except as specifically prohibited);
(d)code sharing with each other;
(e)combining livery and marketing;
(f)integrating systems;
(g)undertaking other steps to obtain a single operating certificate, insofar as not specifically prohibited.
The Company or Successor, as applicable, shall, however, not cause Federal Express Pilots to be furloughed, assigned, or downgraded as a direct result of the elimination of these redundancies, or the discontinuance of the overlaps of route/ services, or the similar service/routes, and the elimination or discontinuance of redundancies, overlaps or similar service/ routes shall, to the extent operationally and economically practical, be accomplished without an elimination of or a reduction in flights operated by Pilots on the Master Seniority List.
5.p.9 Following the execution of any agreement that will result in an acquisition of the Company (or its parent) or the acquisition by the Company (or a Company Affiliate, including its parent) of a U.S. certificated airline that operates aircraft with a MTOGW of greater than 60,000 lbs., the Company will, at the Association’s request, meet with the Association to discuss the impact of the proposed transaction upon the Pilots.
E.Expedited Grievance and Arbitration Procedures
Any grievance alleging a violation of the provisions of Section 1 shall be filed in writing with the Vice-President, Labor Relations, within 20 days following the date on which the pilot acquired knowledge or reasonably should have acquired knowledge, of the fact(s) or event(s) giving rise to the grievance. The grievance shall be considered and a decision rendered in accordance with the provisions of Section 20 of this Agreement. The hearing before the Vice-President, Labor Relations shall be conducted within 5 business days following receipt of the grievance, and a decision shall be rendered within 5 business days of the conclusion of the hearing. If the decision of the Vice-President, Labor Relations is not satisfactory to the pilot or the Association, such decision may be appealed to the System Board in the manner set forth in Section 21. The System Board hearing shall be commenced within 30 days after the Vice President’s decision, or on the earliest available date offered by the neutral arbitrator selected by the parties. The parties shall attempt to use John LaRocco as the neutral arbitrator. If Mr. LaRocco is unavailable, the parties shall select the neutral arbitrator from the panel of arbitrators empowered to hear administrative grievances under Section 20. The parties shall make known to the selected arbitrator the expeditious nature of this arbitration and request a decision in the matter as soon as possible.
F.Disruption of Company Business
The Company shall not lock out Pilots and Pilots shall not engage in, cause or support any strike or work stoppage at the Company. In the event of an existing or impending labor dispute involving other represented employees, which is or has the capability of disrupting Company flight operations, the MEC Chairman and the Vice President, Flight Operations or the System Chief Pilot shall consult about what measures, if any, were or would be appropriate for Federal Express to take in light of the situation. The Vice President, Flight Operations or the System Chief Pilot will share the result of those conversations in an FCIF to the crewforce and outline what action(s), if any, the Company will take (or has taken) concerning the possible labor dispute.
In the event of a work stoppage legally authorized under the Railway Labor Act, involving other U.S. employees of the Company, the Vice President, Flight Operations or the System Chief Pilot shall consult with the MEC Chairman concerning the nature of any possible disruptions and the expectations the Company has in light of those anticipated disruptions. Pilots p.10 shall not be required to perform work customarily done by the Pilots of another U.S. certificated air cargo operation who are engaged in a lawful strike against their employer unless the Company has historically performed and provided such services on that airline’s behalf. In cases where the Company has contracted to conduct training for another carrier’s Pilots, Federal Express Pilots may refuse to train the other carrier’s Pilots if those Pilots are strike replacements. Strike replacement Pilots are those Pilots who are being trained to replace the carrier’s current striking Pilots or those Pilots (from the other carrier) in training for a new seat position when an imminent pilot strike is threatened. Nothing in this section shall preclude the Association from engaging in self-help activities after the procedures provided by the Railway Labor Act, as amended, for changing the terms of this comprehensive collective bargaining agreement have been exhausted.
G.Prior Calendar Year Net Aircraft Difference (PCYNAD) Methodology
The PCYNAD is the difference, if any, between the Baseline and Current Net Aircraft.
Baseline: The “as of” number in the last column available (prior to the “to be delivered/(retired)” columns) in the “Subtotal-Trunk Aircraft” row in the “Federal Express Segment Aircraft Fleet Statistics” published in the final “Stat Book” of the previous calendar year (FedEx Corporation (e.g., Q2 2025) Fiscal Statistics, Financial and Operating Statistics) less trunk aircraft not available for revenue service, subject to the parties’ audit.
Current Net Aircraft: The “as of” number in the last column available (prior to the “to be delivered/(retired)” columns) in the “Subtotal-Trunk Aircraft” row in the “Federal Express Segment Aircraft Fleet Statistics” published in the final “Stat Book” for the current calendar year (FedEx Corporation QX Fiscal Statistics, Financial and Operating Statistics) less trunk aircraft not available for revenue service, subject to the parties’ audit.
Example: for wet leases occurring in 2027, whether the Negative or Non-Negative column is applicable will be determined by the difference, if any, between:
• the 390 number [the “as of” number in the last column available (prior to the “to be delivered/(retired)” columns), in the “Subtotal-Trunk Aircraft” row as stated in “Federal Express Segment Aircraft Fleet Statistics” of 2025 Q2 SEC filing “Stat Book” (FedEx Corporation Q2 Fiscal Statistics, Financial and Operating Statistics) dated December 18, 2025] less trunk aircraft not available for revenue service, subject to the parties’ audit, and
• the “as of” number in the last column available (prior to the “to be delivered/(retired)” columns), in the “Subtotal-Trunk Aircraft” row as stated in “Federal Express Segment Aircraft Fleet Statistics” in the final “Stat Book” for the 2026 calendar year less trunk aircraft not available for revenue service, subject to the parties’ audit.
p.11 If the parties are unable to agree on the actual number in the parties’ audit regarding either the Baseline or Current Net Aircraft number within 60 days of publishing of the final calendar year 2026 Stat Book (for determining whether the Negative or Non-Negative column is applicable for wet leasing occurring in 2027), the dispute shall be subject to Section 1.E. The parties agree that neither party shall have the burden of proof.
For subsequent audits, if the parties are unable to agree on the actual number in the parties’ audit for the Baseline or Current Net Aircraft number within 60 days from the publishing of the applicable Stat Book, the dispute shall be subject to Section 1.E. The parties agree that neither party shall have the burden of proof.
Letter From FedEx Corporation to ALPA (2026)
Section 2: Definitions
The date a pilot is released from training upon certified completion of OE or, if training is not required, then on a date specified for activation by the Company.
2.ACTIVE PAY STATUS
The pay status of an active pilot.
3.ACTIVE PILOT
A pilot other than a pilot on disability, furlough, leave of absence or disciplinary suspension.
4.ACTUAL BLOCK HOURS (ABH)
Actual time computed in hours and minutes from block-out to block-in.
5.ACTUAL CREDIT HOURS (ACH)
ACH is computed at the completion of an assignment.
a.ACH for a duty period is the highest of:
i.MPDP; or
ii.actual block hours; or
iii.actual duty rig.
b.ACH for a trip is the higher of:
i.trip rig as actually flown, plus actual revenue block hours in excess of 8 in any duty period, plus duty rig for the portion of any duty period beyond the scheduled on duty limitations; or
ii.the sum of ACH for each duty period.
6.AFFILIATE
The term “Affiliate” refers to:
a.any Entity that Controls another Entity or any Entity that is Controlled by another Entity, and/or
b.any other corporate subsidiary, parent, or Entity Controlled by or that Controls any Entity referred to in (a) above.
c.As of June 29, 2026, the term “Affiliate” for the Company shall include, but not be limited to, FedEx Corporation, FedEx Custom Critical, Inc., FedEx Dataworks, Inc., FedEx Logistics, Inc., and FedEx Office and Print Services, Inc.
7.AGREEMENT
The term “Agreement” means the collective bargaining agreement between the Company and Association effective June 29, 2026, and all letters of agreement and interpretations that remain as part of the Agreement by operation of Section 31.A. This definition does not apply to the use of the term, “Agreement,” in paragraph headings and section titles.
The term “Air Carrier” means any common carrier by air.
9.AIRCREW PROGRAM DESIGNEE (APD)
An APD is a Check Airman who is authorized by the FAA to conduct airman certifications on behalf of the Administrator.
10.ASSIGNED
Other than as related to Section 24, a pilot is considered to have been assigned to an activity when the pilot receives notice of the pilot’s responsibility for that activity from the appropriate FedEx personnel or through the VIPS notification system.
11.ASSIGNED TRAINING BASE
An Instructor Pilot’s or Check Airman’s operational, training-related work location, whenever that location is not the pilot’s flying base.
12.ASSIGNMENT
As related to Section 24, a pilot’s involuntary placement into a crew position, training start date, or base transfer activation date. Specifically in the context of a crew position, “involuntary” describes placement into a crew position which the pilot either included on the pilot’s standing bid below the pilot’s previous, then-Currently Awarded/Assigned Crew Position, or did not include on the pilot’s standing bid.
13.ASSIGNMENT RIGHT OF RETURN (ARR)
A pilot’s right to return to the crew position from which the pilot was previously assigned.
14.AWARD
As related to Section 24, a pilot’s voluntary placement into a crew position, training start date, or base transfer activation date. Specifically in the context of a crew position, “voluntary” describes placement into a crew position which the pilot included on the pilot’s standing bid above the pilot’s previous, then-Currently Awarded/Assigned Crew Position.
15.BACK-END DEADHEAD
Deadhead travel that is scheduled to occur after the last revenue segment or standby period of a trip, and which terminates in the pilot’s base.
16.BASE
An aircraft specific operational work location (FDA or domicile).
17.BASE CLOSURE
For a given base (e.g., MEM MD-11), when the number of pilots with that base as their currently awarded/assigned crew position is zero following the closing of a System Bid.
18.BASELINE FARE
A fare quote that is obtained at the publication of the Baseline Fare.
The moment that an aircraft comes to a complete rest in the blocks.
20.BLOCK-OUT
The moment that an aircraft first moves from the blocks for the purpose of flight or repositioning on the airport (including push back or tow).
21.BPO PILOT
A pilot who is an FPS/TAA, Check Airman, or Instructor Pilot.
22.CAPTAIN
A pilot, designated by the Company, to command an aircraft, and who has authority over all crew members and passengers for the purpose of operating that aircraft.
23.CARRYOVER
A trip or block of R-days scheduled to begin in one bid period and end in the next.
24.CASE IN CHIEF
The evidence presented by a party in the primary presentation of its case. The term does not include evidence used on cross examination or in rebuttal.
25.CHECK AIRMAN
A pilot qualified to administer evaluations. Aircrew Program Designee (APD), Line Check Airmen (LCA), Proficiency Check Airmen (PCA), and Standards Check Airman (SCA) are each a type of Check Airman. A Check Airman may be qualified as more than one type (e.g., dual qualified).
26.COCKPIT VOICE RECORDER
Any device, equipment or system maintained on board an aircraft that monitors or records a pilot’s voice while the pilot is on the aircraft.
27.COMPANY
Federal Express Corporation, a Delaware corporation, and its successors and assigns.
28.COMPANY AIRCRAFT
The term “Company Aircraft” refers to Company trunk aircraft that are not Feeder Aircraft. The term “Company Aircraft” also shall not include corporate jets used primarily for the transportation of the Company or Affiliate personnel and not freight. Company Aircraft shall include aircraft owned, leased, or otherwise operated by the Company.
29.CONSENSUS OF TRAINING REVIEW BOARD (TRB)
The voluntary agreement of all members of the TRB. It does not require that all members believe that a particular recommendation is the most desirable solution, but that the result falls within each member’s range of acceptable solutions for that matter. The members of the TRB shall strive to reach consensus on any matter within their discretion.
To consider and take input from before implementation but not requiring agreement, approval, or consensus.
31.CO-TERMINAL
Two or more airports in a specific grouping recognized as “co-terminals” in the Official Airline Guide (OAG).
32.CONTROL
“Control” by Entity A of Entity B exists if Entity A, directly or indirectly through the Control of one or more other Entities:
a.Owns securities that constitute and/or are exchangeable into, exercisable for, or convertible into (i) more than 50% of the outstanding common or capital stock of Entity B, or (ii) voting securities representing more than 50% of the total voting power of outstanding securities than entitled to vote generally in the election of Entity B’s board of directors or other governing body; or
b.Has the power or right to manage or direct the management of Entity B.
33.CREDIT HOUR (CH)
A unit, expressed in hours and minutes, used to calculate the value of an activity for purposes of pilot pay.
34.CREW POSITION
A specific crew seat, in a specific aircraft type, at a specific domicile (e.g., Captain MD-11 MEM; First Officer A-300 MEM).
35.CREW SEAT
Crew seat means Captain, First Officer or Second Officer.
36.CREW STATUS
A specific crew seat, in a specific aircraft type (e.g., Captain A-300; First Officer MD-11).
37.CURRENTLY AWARDED/ASSIGNED CREW POSITION OR STATUS
The crew position or crew status to which the pilot has an award/assignment, and which may differ from the pilot’s Current Crew Position or Status.
38.CURRENT CREW POSITION OR STATUS
The crew position or crew status in which the pilot was most recently activated, and which may differ from the pilot’s Currently Awarded/Assigned Crew Position or Status.
39.CURRENT STAFFING LEVEL
The number of active pilots currently awarded/assigned to a particular crew position on the date of the posting of a System Bid.
40.DATE OF HIRE
The first day of initial new hire training/basic indoctrination completed by a new hire pilot.
A 24:00 hour period of time, stated in local base time, specific to each base. A day is also referred to as a local base day.
42.DEADHEAD (DH)
Travel scheduled by the Company to position a pilot.
43.DEFAULT SECONDARY LINE PREFERENCES
A set of preferences predetermined by the SIG, for a given Crew Position, which will be used when a pilot has entered neither Standing Monthly Secondary Line Preferences, nor specific preferences.
44.DEPENDENTS
Dependents are individuals listed in the most recent version of the Pilot Benefit Book as dependents eligible for health care coverage.
45.DIFFERENCES TRAINING
The training required for a pilot who has qualified in a crew status, when such training is necessary before a pilot serves in the same crew status on a particular version of that airplane.
46.DISTANCE LEARNING
Learning that occurs when the trainee and instructors are separated by space and/or time. Distance learning courses are taught using various methods, including online technology, software, audio/video, videoconferencing, teleconferencing, or written material. Computer Based Training (CBT), and Learning Management System (LMS), are types of distance learning.
47.DOMESTIC DEADHEAD
A deadhead that operates solely within the contiguous 48 United States.
48.DOMICILE
An airport or co-terminal airports, designated by the Company, to which pilots are permanently assigned. A domicile is aircraft and base specific. A pilot’s base is the pilot’s domicile, except for pilots assigned to an FDA.
49.DOWN/LATERAL BID AWARD
An award (not including either Stand-In Bid Awards or ARR awards) of a different crew status that requires ITU training, that is compensated at an hourly rate less than or equal to the hourly rate of pay for the pilot’s current crew status.
50.DUAL QUALIFIED CHECK AIRMAN
A Check Airman who holds LCA and PCA qualifications.
51.DUTY PERIOD
A period of time a pilot is scheduled to be on duty or is actually on duty during a trip or airport standby.
52.p.20 DYNAMIC STAFFING LEVEL
The number of active pilots currently awarded/assigned to a particular crew position at any given time during the processing of the System Bid. The Dynamic Staffing Level may vary from the Current Staffing Level as the System Bid is processed.
53.ENHANCED OVERSIGHT PROGRAM (EOP)
A program specifically created to improve air safety at the Company by providing a method of identifying pilots who have demonstrated performance deficiencies or have experienced failures in the training environment.
54.ELIGIBLE PILOT (FOR SYSTEM BID)
Except as otherwise provided in Section 11 (crew position freeze), all active pilots shall have the ability to participate in a System Bid and, by operation of Section 24.C., receive an actual or notional award/assignment consistent with their standing bid.
55.ELIGIBLE PILOT (FOR TRAINING/BTA BID)
All active pilots shall have the ability to bid for and/or be assigned to monthly training slots (or BTA dates), except for:
a.a pilot who received a notional crew position award/assignment pursuant to Sections 9.E.6., 11.Q.2., 18.B.4., and 24.B.9.;
b.a pilot who received an actual or notional crew position award/assignment but who is returning from a pay only sick status (see Section 24.D.6.);
c.an FDA pilot who was assigned to a crew position and elected to hold the pilot’s required training or BTA date in abeyance until the pilot completes the pilot’s commitment period; or
d.an FDA pilot, who has completed the pilot’s commitment period and was awarded/assigned to a crew position but has elected to defer the pilot’s training or BTA date due to an education conflict (as defined in the FDA LOA).
56.EMERGENCY
The term “Emergency” shall include a situation beyond the Company’s Control as well as a situation or occurrence of a serious nature, developing suddenly and unexpectedly, and demanding immediate action. A situation is “Beyond the Company’s Control” can include: (1) an act of God, (2) a strike by any other Company employee group, (3) a national emergency, (4) revocation of the Company’s operating certificate(s), (5) unexpected grounding of the Company’s aircraft, or (6) a governmental or commercial action imposed on the Company which substantially reduces or inhibits the Company’s operation or ability to operate its air fleet, or portion thereof.
The term “Entity” means a natural person, corporation, association, partnership, trust or any other form for conducting business, and any combination or concert of any of the foregoing.
58.ESTABLISHED FARE
A fare quote obtained pursuant to Section 8.A.4.b. The fare quote shall include documentation which verifies the time and date that the fare quote was obtained and the employee number for the pilot(s), if any, assigned to the deadhead at that time.
59.EXPEDITED FREIGHT
The term “Expedited Freight” shall mean freight that exceeds the volume that can be shipped on the Company’s scheduled aircraft from a given airport location, or is available to be shipped after the Company’s aircraft has departed or freight that has arrived after a sort.
60.FARE QUOTE
A quote for the actual cost of a deadhead ticket, capable of being purchased by the Company at the time this quote is obtained. This includes quotes obtained for a deadhead to which a pilot is not yet assigned.
61.FEEDER AIRCRAFT
The term “Feeder Aircraft” shall mean aircraft with a maximum certificated gross takeoff weight not in excess of 60,000 pounds.
62.FILE/ISSUE
A document shall be deemed “filed” or “issued,” as applicable, on the day in which the document is postmarked, or if Federal Express is used, on the day in which the document is submitted to the Company for shipment.
63.FIRST OFFICER (F/O)
A pilot who is second in command of a Company aircraft and, in the absence or incapacitation of the Captain, has the authority over all crew members and passengers for the purposes of operating that aircraft.
64.FLAT BED SEAT
A seat on a commercial deadhead carrier that when fully reclined is greater than 175 degrees.
65.FLEET RETIREMENT
For a given aircraft (e.g., B727), when the number of pilots with that aircraft as their currently awarded/assigned crew status is zero following the closing of a System Bid.
Any performance data transmitted, recorded, collected from on board an aircraft by use of a:
a.Flight Data Recorder;
b.Cockpit Voice Recorder; or
c.other device/equipment/system/instrument installed onboard an aircraft
Flight Data includes Flight Safety Reports, tapes, recordings (as well as transcripts), papers, memos, studies, charts, graphs, reports (including Landing Scorecards), or similar work product derived from the devices listed above.
Pilot or Company generated reports, requests, or messages from ACARS shall not be considered Flight Data.
67.FLIGHT DATA RECORDER
Any device, equipment or system maintained on board an aircraft that transmits and/or records and/ or collects inflight data on the subjects of pilot, aircraft component or aircraft performance.
68.FLIGHT OR FLIGHT SEQUENCE
A flight segment or series of flight segments, uninterrupted by a legal rest period.
69.FLIGHT SEGMENT
A single flight leg between block-out and block-in.
70.FOREIGN DUTY ASSIGNMENT
An assignment of a pilot to a base outside the United States, or its territories, designated by the Company, for greater than 3 bid periods. A pilot holding an FDA shall be permanently domiciled in MEM.
71.FPS DUTIES
Duties which cannot be performed by a line pilot with standard qualifications, and for which special flight test-related training and/or qualification may be required by the Flight Operations Manual (FOM) and/or Flight Test Operations Manual (FTOM).
72.FRONT-END DEADHEAD
Deadhead travel that is scheduled to occur prior to the first revenue segment or standby period of a trip, and which originates in the pilot’s base.
A subroutine in pairing generation software designed to accomplish a particular task. Some functions have variable settings that allow the user to adjust the influence they have on a particular pairing solution.
Example:
“Cie global soft credit max per position” is a function designed to control the amount of flying assigned to a particular base. It is colloquially referred to as the “base constraint” function.
74.FURLOUGH
A method for reducing the number of active pilots.
75.IMMEDIATE FAMILY
A pilot’s spouse, the pilot’s dependents under the age of 18, and the pilot’s dependents over the age of 18 that are relocating with the pilot to the pilot’s new permanent residence.
76.INITIAL CADRE CHECK AIRMAN
Pilots that the Company desires to be employed as Line Check Airmen (LCA) and Proficiency Check Airmen (PCA) to facilitate the introduction of a new aircraft.
77.INSTRUCTIONAL BID PERIOD
A bid period during which an Instructor Pilot or Check Airman is in a pay only status for the purposes of conducting training.
78.INSTRUCTOR
A Check Airman, Instructor Pilot, or professional instructor selected by the Company to perform instructional duties. All instruction after the Procedures Validation (PV) shall be conducted by an Instructor who holds an Airline Transport Pilot (ATP) certificate.
79.INSTRUCTOR PILOT
A pilot selected to perform instructional duties in the training center. Instructor Pilots must be qualified on the airplane in which they instruct.
80.INTERCONTINENTAL DEADHEAD
A deadhead that originates on one continent and terminates on another continent, and is scheduled for more than 5 block hours (OAG).
81.INTERNATIONAL DEADHEAD
A deadhead that originates or terminates in a location outside the contiguous 48 United States.
82.LAYOVER
A period of time during a trip, starting at release and ending at showtime, which contains a legal rest period.
A period of time established prior to release, uninterrupted by the Company, during which a pilot is free from all duty. A pilot’s legal rest period shall begin when released from duty.
84.LEGAL RESTRICTIONS
Limitations imposed as a result of regulated age restrictions, FAA medical restrictions or other aviation-related restrictions imposed by law or regulation.
85.LINE CHECK
A line check is an operational evaluation event conducted to observe a pilot’s performance of his duties and responsibilities during line flights dispatched under FAR Part 121.
86.LINE CHECK AIRMAN (LCA)
A pilot qualified to administer line checks and conduct OE training
87.LINE OPERATIONAL EVALUATION QUALIFICATION (LOE) / LINE OPERATIONAL EVALUATION CONTINUING QUALIFICATION (CLOE) / MANEUVERS VALIDATION QUALIFICATION (MV)
An evaluation/validation event which shall be conducted by a Check Airman or the FAA. Event sets/maneuvers are specified in applicable FARs and AQP source documents. Events sets/maneuvers may be re-accomplished in accordance with the FARs and AQP source documents, but no training may be conducted.
88.LOCAL BASE TIME (LBT)
The local time (standard or daylight savings) at a pilot’s base.
89.LONGEVITY YEAR GROUP
For pay purposes, a pilot’s full years of longevity plus one (e.g., a pilot earns the fifth year hourly rate when the pilot has completed 4 years of active service).
90.MANEUVERS VALIDATION CONTINUING QUALIFICATION (CMV)
A validation/qualification event to maintain or reestablish a pilot’s qualification in a crew status, which shall be conducted by an Instructor Pilot. Maneuvers are specified in applicable FAR and AQP source documents. This is a train-to-proficiency event; however, proficiency in all maneuvers must be achieved within the allotted time for the event.
91.MATERNITY PERIOD
A pilot’s maternity period begins on the date of pregnancy and extends through 120 days following the date of the end of the pregnancy.
92.MAXIMUM LINE VALUE (MLV)
The maximum credit hour value of a pilot’s line, including carry-in credit hours.
93.p.25 MAXIMUM LINE VALUE (MLV) DROP RANGE
The credit hour span between a pilot’s awarded BLG/RLG (not including carryover) and MLV.
94.MAXIMUM STAFFING LEVEL
The threshold number of active pilots awarded/assigned to a particular crew position, beyond which that crew position is overstaffed, as determined by the Company. The Maximum Staffing Level shall be published for every crew position, on every System Bid posting.
95.MID-TRIP DEADHEAD
Deadhead travel that is scheduled to occur between 2 revenue segments or standby periods within a trip.
96.MINIMUM STAFFING LEVEL
The threshold number of active pilots awarded/assigned to a particular crew position, below which that crew position is understaffed, as determined by the Company. The Minimum Staffing Level shall be published for every crew position, on every System Bid posting.
97.MOST JUNIOR PILOT NOT SUBJECT TO ASSIGNMENT
For any crew position in which the Dynamic Staffing Level exceeds the Maximum Staffing Level, the pilot immediately senior to the most senior pilot subject to assignment.
98.NEGATIVE BID PERIOD REPORT
A report indicating that no revenue flying was performed by pilots other than line pilots during a particular bid period.
99.NEW HIRE PILOT
A pilot assigned to, or awarded the pilot’s initial crew position.
100.NEW HIRE JUNIOR ACTIVATION COMPENSATION
An hourly rate of pay which is higher than the hourly rate of pay a pilot otherwise would earn, and to which the pilot may be entitled as a result of a new hire junior pilot’s activation out of seniority order.
101.NOT OPERATIONALLY FEASIBLE
The phrase “not operationally feasible” (or variants of this phrase where for instance other words exist between the words “not”, “operationally” and/ or “feasible”, see, e.g. Section 1.B.7.d.) means that there exist operational restrictions or contingencies (such as airport size/condition, slot availability, service requirements, or security concerns) which make it impractical for the Company to provide freight transportation service with Company Aircraft or Pilots on the route involved. Should the basis (for not being operationally feasible) be related to security issues, FedEx Security shall provide briefings to the ALPA Security Chair on a quarterly basis to review those concerns.
102.p.26 NOTIONAL AWARD/ASSIGNMENT
When a pilot is awarded or assigned a notional award or assignment, the preliminary System Bid results will determine the pilot’s notionally awarded/ assigned crew position. The final System Bid results will not include that pilot’s notional award/assignment and will instead award/assign that crew position to another pilot.
103.OFF SITE TRAINING
Instructor Pilots and Check Airmen: Any training conducted at a location other than an Instructor Pilot’s/Check Airman’s base or Assigned Training Base.
Students: Any training conducted at a location other than a pilot’s base.
104.OPEN TIME
A trip or base standby period which is or becomes unassigned for any reason.
105.OPERATION IN THE CRITICAL PERIOD
Operation during any part of the critical period as an operating (i.e., required as part of the crew, not deadheading) crewmember.
106.OPERATING EXPERIENCE (OE)
A pilot’s operating experience is the final curriculum segment in a qualification or requalification curriculum. Operating experience provides handson experience in performing the duties of a specific crew status under the supervision of a current and qualified evaluator (Check Airman). Operating experience is conducted during actual flight operations. Operating experience is complete when the individual is recommended for a line check.
107.OPERATIONAL
For the purposes of Section 8, a period of time that commences at the scheduled report time of a duty period and concludes at the end of that duty period.
108.OPERATIONAL RECOVERY
The inclusion of a scheduled deadhead into a trip (either via revision, or ad-hoc trip construction), when there are less than 72 hours remaining between such inclusion, and the first revenue flight protected by such scheduling.
109.p.27 OVERRIDE SCHEDULED CREDIT (OSC)
OSC for a trip is the higher of:
a.Trip rig as scheduled, plus actual revenue block hours in excess of 8 in any duty period; or
b.The sum of the scheduled credit hour values of the duty periods. The scheduled credit hour value of each duty period is computed as the highest of:
i.minimum pay per duty period (MPDP); or
ii.block hours; or
iii.duty rig.
110.PARAMETER
For purposes of this subsection, a parameter is a rule, used in the SIG process and identified as a parameter, regarding the construction of pairings or lines.
Example:
“Maximum block per duty period” is a domestic parameter. Its current value is 7:35.
111.PASSOVER PAY
An hourly rate of pay which is higher than the hourly rate of pay a pilot otherwise would earn and to which such pilot may be entitled as a result of a junior pilot’s activation out of seniority order.
112.PDH ASSIGNMENT(S)
An assignment(s) designated for humanitarian or publicity purposes. PDH assignments shall not include revenue flying.
113.PILOT
A Captain, First Officer or Second Officer covered by this Agreement, employed by the Company, and whose name appears on the Master Seniority List.
114.PILOT(S) SUBJECT TO ASSIGNMENT
For any crew position in which the Dynamic Staffing Level exceeds the Maximum Staffing Level, the number of junior pilot(s) equal to the numerical difference between the Maximum Staffing Level and the Dynamic Staffing Level.
115.PROFICIENCY CHECK AIRMAN (PCA)
A Check Airman qualified to administer simulator validations/evaluations.
116.QUALIFIED
For purposes of Section 11 only, a pilot who has successfully completed the Company’s certification program, approved by the FAA, for a particular crew status.
The age at which FARs do not permit a pilot to continue flying as a Captain or First Officer.
118.RELIEF FLIGHT OFFICER (RFO/RF2)
A pilot who is assigned to serve as a third pilot in a 2-pilot cockpit crew. The RFO/RF2’s primary responsibility is to assist the Captain and First Officer and while aloft, relieve the Captain and First Officer for the purpose of obtaining rest during the cruise portion of a flight(s).
119.REQUESTS/PREFERENCES
Requests and preferences (e.g., for trips to be dropped to satisfy minimum day off protection) shall be processed in the sequence provided in the Agreement, and shall be granted or denied based on objective criteria which may be specific to the particular request.
120.SCHEDULED
For the purposes of Section 8, commencing at the construction of a trip, any time period not meeting the definition of operational.
121.SCOPE PENALTY RATE (SPR)
The highest combined hourly rate for a one (1) Captain, two (2) First Officer crew with maximum years of pay longevity, including international override.
122.SECOND OFFICER (S/O)
A pilot who is third in command and who assists the Captain and First Officer in operating and monitoring aircraft systems.
123.SERIES OF TRIPS
A combination of trips that are not separated by a legal rest period.
124.SETTING
The particular value at which a variable function is fixed for a given solution.
Example:
For February 2006, the base constraint setting for ANC MD-11 CAP was 217 CH/day.
125.SHOWPAY
Credit hours to which a pilot may be entitled as a result of the pilot’s removal from an assignment. A pilot shall be deemed removed from the pilot’s assignment when the pilot is actually notified of the pilot’s removal, or when the Company has made reasonable efforts to notify the pilot, whichever occurs first.
126.SHOWTIME
The time a pilot is scheduled to report for duty.
127.SUNRISE SORT DUTY PERIOD
Any duty period that turns through a Sort Facility from an inbound night/ critical flight segment to an outbound day flight segment.
128.p.29 SLOT DENIAL PAYMENT (SDP)
The payment due to a pilot who is:
a.Denied a training start date award to which the pilot is otherwise entitled; or
b.Inversely assigned to a training start date as the result of a more junior pilot being bypassed.
129.SPECIAL INTERNATIONAL BID AWARD (SIBA) / SPECIAL BID AWARD (SBA)
A bidding status in which pilots bid for certain specified flying.
130.STANDBY SEQUENCE
A standby sequence is defined when a pilot’s trip is awarded/assigned. A standby sequence is the period of time starting at the beginning of a standby, and ending at the scheduled departure of the next scheduled flight activity (revenue flight or deadhead), in the trip, as awarded/assigned.
131.STANDING MONTHLY SECONDARY LINE PREFERENCES
A set of preferences defined by a pilot, for use in constructing the pilot’s secondary line, should the pilot be awarded one, in a bid period for which the pilot has not entered specific secondary line inputs or preferences.
132.SUBMISSIONS
a. Except as provided in b. below, submissions (e.g., for bid line adjustments) shall be processed in the order specified in the Agreement and shall be granted or denied based on uniformly applied, objective criteria. The Company shall consult with the Association prior to implementation of any new objective criteria, including any subsequent changes, and will supply material aspects in writing.
b.No bid line adjustment submission shall be unreasonably denied; however, with the approval of the Vice President, Flight Operations or the System Chief Pilot, a bid line adjustment submission may be denied for reasons other than those under item a. above. In such cases, the denial shall be reported to the Association within 3 days and shall specify the reasons for the denial.
133.SYSTEM BID
The process for awarding or assigning pilots to crew positions.
134.SYSTEM BOARD OF ADJUSTMENT
The legal proceeding used for resolving disputes growing out of grievances (including discipline under Section 19) or out of the interpretation or application of this Agreement in accordance with Section 204 of the Railway Labor Act, 45 U.S.C. Section 184.
135.p.30 TIME AWAY FROM BASE (TAFB)
The total hours and minutes a pilot is away from the pilot’s base, beginning at showtime and ending upon release at the pilot’s base at the conclusion of the pilot’s trip.
136.TIME ZONE DIFFERENTIAL (TZD)
The number of hours difference between the time zone in which a duty period begins and the time zone in which it ends.
137.TRAINING FOR PROFICIENCY EVENT
An event to establish, maintain, or demonstrate a pilot’s proficiency in which end level proficiency is not required in order to progress (e.g., remedial training). The type and number of maneuvers shall be tailored to the specific objectives. Training may be conducted by any qualified instructor. There are no limits to the number of maneuvers which may be re-accomplished, nor to the training that is conducted within the allotted time for the event.
138.TRAINING TO PROFICIENCY EVENT
A training event to maintain or demonstrate a pilot’s proficiency in which end level proficiency is required in order to progress (e.g., SV/ESV/PV/ CMV). The type and number of maneuvers shall be tailored to the specific objectives of the training. SV/ESV/PV training may be conducted by any qualified instructor. Unless otherwise specified in this Agreement, CMV training shall be conducted by an Instructor Pilot. There are no limits to the number of maneuvers which may be re-accomplished, nor to the training that is conducted within the allotted time for the event.
139.TRAINING REVIEW BOARD (TRB)
A board established by the Association and the Company for the purpose of reviewing and making decisions and, where appropriate, referrals and recommendations concerning training. The TRB shall be comprised of two members each from the Association and the Company. The TRB members shall consist of the MEC Training Committee Chairman, the MEC Pilot Assistance Group Chairman, the Company’s Managing Director of Air Operations Training and the Senior Manager of Flight Standards. If any of the Company’s members are not on the Federal Express Pilots’ Master Seniority List, the Company will appoint a TRB member who is on the Federal Express Pilots’ Master Seniority List. The Association or the Company may appoint a substitute TRB member(s) in any particular case.
140.TRIP
A series of flights normally commencing 1 hour prior to scheduled or rescheduled departure time from a pilot’s base and normally terminating 30 minutes after actual block-in at his base, except as provided in Section 12.A.6. (Operational Trip Return to Base) and 12.B.3. (Standby).
A day on which any portion of a trip is scheduled to operate.
142.TWO CONSECUTIVE NON-PEAK BID PERIODS
Any bid period with the exception of the November and December bid periods. October and January shall be considered consecutive bid periods.
143.24-REQUALIFICATION (24-REQUAL)
A training course that is only available to an eligible pilot who was previously activated in the pilot’s currently awarded/assigned crew status. Any requalification training course having a footprint similar to an ITU footprint shall not qualify as a 24-Requal.
144.24-DOWNBID TRAINING (24-DOWNBID)
A training course that is only available to an eligible pilot whose currently awarded/assigned crew status is the First Officer seat, in the same aircraft as the Captain seat from which the pilot was awarded/assigned. Any downbid training course having a footprint similar to an ITU footprint shall not qualify as a 24-Downbid.
145.24-DIFFERENCES TRAINING (24-DIFFERENCES)
A training course that is only available to an eligible pilot whose currently awarded/assigned crew status involves the operation of an aircraft type that the FAA Administrator has determined requires differences training for which the pilot has to bid.
Section 3: Compensation
A.p.33 New Hire Compensation
A new hire pilot in an active pay status shall be compensated 2.25 CH per calendar day from the date of hire until the pilot’s first activation date. A new hire pilot’s sick bank will likewise be charged 2.25 CH for each day in sick status with a scheduled event.
B.Longevity and Crew Status
A pilot’s hourly rate of pay shall be based on the pilot’s longevity year group and crew status, except as described in Section 3.A.
1.Longevity
a.The longevity of a pilot employed by the Company as a pilot prior to the effective date of this Agreement shall be the pilot’s longevity on the effective date. Longevity shall continue to accrue following the effective date except as otherwise provided for in this Agreement.
b.A pilot employed by the Company on or after the effective date of this Agreement shall accrue longevity beginning on the pilot’s date of hire as a pilot. Longevity shall continue to accrue following the pilot’s date of hire, except as otherwise provided for in this Agreement.
c.A pilot who changes longevity year groups after the beginning of any bid period shall be compensated at the pilot’s new rate for that entire bid period.
2.Crew Status
a.If a pilot’s crew status changes, the pilot shall receive the pay rate for the pilot’s new crew status upon activation.
b.Notwithstanding Section 3.B.2.a., a pilot whose crew seat is restricted by the FAA regulated age shall be compensated at the pay rate for the pilot’s new crew status on the date the pilot reaches the regulated age.
C.p.34 Hourly Rates of Pay
1.Hourly Rates- Effective First Day of July 2026 Bid Period
a.Wide Body Rates of Pay
| MD-10/11, DC-10, B-777F, A-300/310, B767F | ||
|---|---|---|
| Year Group | CAP | F/O |
| 1 | 386.72 | 117.54 |
| 2 | 429.64 | 266.70 |
| 3 | 430.51 | 267.07 |
| 4 | 432.24 | 272.40 |
| 5 | 433.94 | 277.86 |
| 6 | 435.71 | 283.40 |
| 7 | 437.46 | 289.07 |
| 8 | 439.19 | 294.82 |
| 9 | 440.92 | 300.74 |
| 10 | 446.04 | 309.15 |
| 11 | 451.14 | 317.82 |
| 12 | 456.35 | 326.71 |
| 13 | 459.77 | 328.35 |
| 14 | 464.35 | 330.02 |
| 15 | 469.00 | 332.49 |
b.Narrow Body Rates of Pay
| B-737, B-757 | ||
|---|---|---|
| Year Group | CAP | F/O |
| 1 | 327.84 | 113.39 |
| 2 | 364.30 | 218.58 |
| 3 | 366.13 | 227.47 |
| 4 | 368.15 | 232.43 |
| 5 | 370.22 | 237.56 |
| 6 | 372.23 | 242.82 |
| 7 | 374.27 | 248.14 |
| 8 | 376.34 | 253.61 |
| 9 | 378.39 | 259.18 |
| 10 | 382.74 | 268.48 |
| 11 | 387.16 | 278.21 |
| 12 | 391.57 | 288.21 |
| 13 | 395.51 | 289.65 |
| 14 | 399.48 | 291.06 |
| 15 | 404.29 | 292.53 |
2.p.35 Hourly Rates- Effective First Day of January 2028 Bid Period
a.Wide Body Rates of Pay
| MD-10/11, DC-10, B-777F, A-300/310, B767F | ||
|---|---|---|
| Year Group | CAP | F/O |
| 1 | 398.32 | 121.06 |
| 2 | 442.52 | 274.70 |
| 3 | 443.42 | 275.08 |
| 4 | 445.20 | 280.57 |
| 5 | 446.95 | 286.19 |
| 6 | 448.78 | 291.90 |
| 7 | 450.58 | 297.74 |
| 8 | 452.36 | 303.66 |
| 9 | 454.14 | 309.76 |
| 10 | 459.42 | 318.42 |
| 11 | 464.67 | 327.35 |
| 12 | 470.04 | 336.51 |
| 13 | 473.56 | 338.20 |
| 14 | 478.28 | 339.92 |
| 15 | 483.07 | 342.46 |
b.Narrow Body Rates of Pay
| B-737, B-757 | ||
|---|---|---|
| Year Group | CAP | F/O |
| 1 | 337.67 | 116.79 |
| 2 | 375.22 | 225.13 |
| 3 | 377.11 | 234.29 |
| 4 | 379.19 | 239.40 |
| 5 | 381.32 | 244.68 |
| 6 | 383.39 | 250.10 |
| 7 | 385.49 | 255.58 |
| 8 | 387.63 | 261.21 |
| 9 | 389.74 | 266.95 |
| 10 | 394.22 | 276.53 |
| 11 | 398.77 | 286.55 |
| 12 | 403.31 | 296.85 |
| 13 | 407.37 | 298.33 |
| 14 | 411.46 | 299.79 |
| 15 | 416.41 | 301.30 |
3.p.36 Hourly Rates- Effective First Day of January 2029 Bid Period
a.Wide Body Rates of Pay
| MD-10/11, DC-10, B-777F, A-300/310, B767F | ||
|---|---|---|
| Year Group | CAP | F/O |
| 1 | 410.26 | 124.69 |
| 2 | 455.79 | 282.94 |
| 3 | 456.72 | 283.33 |
| 4 | 458.55 | 288.98 |
| 5 | 460.35 | 294.77 |
| 6 | 462.24 | 300.65 |
| 7 | 464.09 | 306.67 |
| 8 | 465.93 | 312.76 |
| 9 | 467.76 | 319.05 |
| 10 | 473.20 | 327.97 |
| 11 | 478.61 | 337.17 |
| 12 | 484.14 | 346.60 |
| 13 | 487.76 | 348.34 |
| 14 | 492.62 | 350.11 |
| 15 | 497.56 | 352.73 |
b.Narrow Body Rates of Pay
| B-737, B-757 | ||
|---|---|---|
| Year Group | CAP | F/O |
| 1 | 347.80 | 120.29 |
| 2 | 386.47 | 231.88 |
| 3 | 388.42 | 241.31 |
| 4 | 390.56 | 246.58 |
| 5 | 392.75 | 252.02 |
| 6 | 394.89 | 257.60 |
| 7 | 397.05 | 263.24 |
| 8 | 399.25 | 269.04 |
| 9 | 401.43 | 274.95 |
| 10 | 406.04 | 284.82 |
| 11 | 410.73 | 295.14 |
| 12 | 415.40 | 305.75 |
| 13 | 419.59 | 307.27 |
| 14 | 423.80 | 308.78 |
| 15 | 428.90 | 310.33 |
4.p.37 Hourly Rates- Effective First Day of January 2030 Bid Period
a.Wide Body Rates of Pay
| MD-10/11, DC-10, B-777F, A-300/310, B767F | ||
|---|---|---|
| Year Group | CAP | F/O |
| 1 | 422.56 | 128.43 |
| 2 | 469.46 | 291.42 |
| 3 | 470.42 | 291.82 |
| 4 | 472.30 | 297.64 |
| 5 | 474.16 | 303.61 |
| 6 | 476.10 | 309.66 |
| 7 | 478.01 | 315.87 |
| 8 | 479.90 | 322.14 |
| 9 | 481.79 | 328.62 |
| 10 | 487.39 | 337.80 |
| 11 | 492.96 | 347.28 |
| 12 | 498.66 | 356.99 |
| 13 | 502.39 | 358.79 |
| 14 | 507.39 | 360.61 |
| 15 | 512.48 | 363.31 |
b.Narrow Body Rates of Pay
| B-737, B-757 | ||
|---|---|---|
| Year Group | CAP | F/O |
| 1 | 358.23 | 123.89 |
| 2 | 398.06 | 238.83 |
| 3 | 400.07 | 248.54 |
| 4 | 402.27 | 253.97 |
| 5 | 404.53 | 259.58 |
| 6 | 406.73 | 265.32 |
| 7 | 408.96 | 271.13 |
| 8 | 411.22 | 277.11 |
| 9 | 413.47 | 283.19 |
| 10 | 418.22 | 293.36 |
| 11 | 423.05 | 303.99 |
| 12 | 427.86 | 314.92 |
| 13 | 432.17 | 316.48 |
| 14 | 436.51 | 318.04 |
| 15 | 441.76 | 319.63 |
5.p.38 In no event, however, shall a pilot activated in an FDA crew position have an hourly rate of pay less than 70% of Narrow Body First Officer, Year 2 longevity group.
D.International Override
1.A pilot who blocks out (as a required crewmember, deadheading crewmember, SCA or LCA) on a flight segment that originates from, arrives at a destination of, or makes an intermediate stop at a location outside the contiguous 48 states, shall earn international override for the trip containing that flight segment. A pilot who shows for a standby in a location outside the contiguous 48 states shall also earn international override for that standby, regardless of whether the pilot blocks out on any flights.
2.International override shall be paid in addition to all other compensation for a trip. International override shall be paid for trip guarantee and overage credit hours earned for that trip as follows:
b.First Officer/RFO $8.00 per hour
E.Checks
1.Pilots shall be paid by checks issued on the 15th and last days of each month.
a.The check issued on the 15th day of the month shall contain:
i.one-half of a new hire pilot’s credit hours earned for the bid period; or
ii.one-half of a pilot’s BLG/RLG as awarded, adjusted for phase-in; and
iii.debits for compensation previously received but not earned (e.g., OTP, drop, no-show); and
iv.credits for compensation earned above BLG/RLG from the previous bid period but not yet received (e.g., make-up, overage); and
v.per diem earned in the previous bid period; and
vi.adjustments or reimbursements to the Company for other overpayments or underpayments. If an adjustment, other than an adjustment described in Section 3.E.1.a.iii., would reduce the pilot’s check by 25% of the pilot’s gross compensation or more, the adjustment may be made in a single lump sum, or in installments of 25% of the overpayment, at the pilot’s option; provided, however, that:
(a)p.39 the pilot shall be given prior notice of any such adjustments; and
(b)any adjustment shall not exceed 25% of gross amount of the pilot’s check without the pilot’s consent; and
(c)the limits contained in this paragraph shall not apply to deductions the Company is required by law to make; and
(d)any adjustment shall not exceed the maximum adjustment permitted by law.
b.The check issued on the last day of the month shall contain the remaining one-half of the pilot’s awarded BLG/RLG, adjusted for phase-in (25.F.) and any other required deductions as described in Section 3.E.1.a. For a new hire pilot, the check issued on the last day of the month shall also contain the remaining one-half of the pilot’s credit hours earned for the bid period.
2.A pilot may request automatic bank deposit of the pilot’s payroll checks.
F.Ultra Long Range (ULR) Premium
1.If a pilot blocks out as a required crewmember, SCA, or LCA on a flight segment scheduled to exceed 16 block hours at the time the pilot was awarded/assigned the trip, the pilot shall earn the ultra-long range premium (ULR) for the trip containing that segment.
Example: A pilot operates a ten-day trip including a revenue segment between MEM-HKG, with a scheduled block time of 16:24. All other segments in that trip have block times less than 16 hours. The pilot earns the ultra-long range premium for the entire trip containing that segment.
2.The ultra-long range premium described in Section 3.F. shall be in addition to all other compensation for that trip (e.g., BKO, International Override). This premium shall be paid for trip guarantee and overage credit hours earned for that trip as follows:
b.First Officer/RFO $17.00 per hour
Section 4: Minimum Guarantees and Other Pay Provisions
A.p.41 Minimum Bid Period Guarantee
1.Except as provided in Section 23.A.1.a., a pilot shall have the following minimum bid period guarantee:
a.68 CH in a 4-week bid period.
b.85 CH in a 5-week bid period.
c.102 CH in a 6-week bid period.
2.A pilot’s minimum bid period guarantee shall be reduced by the net number of CH by which the pilot’s actual credit hour compensation for a bid period is less than the pilot’s BLG/RLG as a result of activities being dropped from the pilot’s awarded line with reduced pay or without pay.
Examples of reduced pay include: trips dropped and trip traded down to a lesser value.
Examples of trips dropped without pay include: pilot requested drops, phase-in conflict, transition to inactive pay status, emergency drop and disciplinary suspension.
3.A pilot who is in an inactive pay status during an entire bid period shall not have a minimum bid period guarantee for such bid period.
4.When a pilot returns to active pay status during a bid period for which the pilot was not awarded a bid line (e.g., Section 25.I.1.a., Custom lines), the pilot’s minimum bid period guarantee shall be prorated based on the number of days in which the pilot is in active pay status during that bid period.
5.A new hire pilot covered by Section 3.A., shall not have a minimum bid period guarantee. When the pilot is activated into the pilot’s first crew position following initial new hire training, the pilot’s minimum bid period guarantee shall be prorated based upon the number of days in the bid period following the pilot’s activation.
B.Bid Line Guarantee (BLG)
A pilot who is awarded a regular line shall have a BLG equal to the total of the trip guarantees for all trips on the line, excluding that portion of the CH of a carryover trip allocated to the next bid period as provided in Section 4.G. Prior to any adjustments, however, a BLG shall not be less than the minimum bid period guarantee as provided in Section 4.A.1. If the sum of trip guarantees for trips on a pilot’s regular line is less than the minimum bid period guarantee, such pilot’s BLG shall be increased to the minimum bid period guarantee.
C.p.42 Reserve Line Guarantee (RLG) and R-Day Value
A pilot who is awarded a reserve line shall have an RLG equal to the value of an R-day multiplied by the number of R-days scheduled on a reserve line for the bid period package (i.e., up to a maximum of 15, 19, or 23 days). The value of an R-day shall be determined by dividing 96% of the average BLG for regular lines published in the bid period package by the number of R-days scheduled on a reserve line for the bid period package and then rounding that amount to the nearest minute. Prior to any adjustments, however, an RLG shall not be less than the minimum bid period guarantee as provided in Section 4.A.1.
D.Mini-RLG
If a pilot’s schedule has both trips and R-days in the same bid period (i.e., secondary, or custom line, or carryover R-days), the following shall apply:
1.The value of all such R-days shall comprise a mini-RLG. Credit hour accrual for assignments on such R-days shall be the same as for a regular RLG.
2.CH earned prior to an R-day shall apply toward reserve leveling.
3.CH earned in reserve status in excess of a pilot’s mini-RLG shall be paid in addition to the pilot’s BLG as provided in Section 4.H.7. (100% up to RLG, 150% for CH over RLG).
E.Secondary and Custom Line Guarantee
1.Secondary Line Guarantee
Once constructed, a secondary line shall have a BLG or RLG as follows:
a.A secondary line comprised entirely of trips shall have a BLG computed as provided in Section 4.B.
b.A secondary line comprised of trips and R-days shall have a BLG equal to the sum of the trip guarantees (for trips scheduled on the line) and R-day values (for R-days scheduled on the line). Prior to any adjustments, however, the BLG shall not be less than the minimum bid period guarantee (as provided in Section 4.A.1.). The CH of a carryover trip shall be allocated between bid periods as provided in Section 4.G. The CH of a carryover R-day(s) shall be allocated to the subsequent bid period.
c.A secondary line comprised entirely of R-days shall have an RLG computed as provided in Section 4.C.
d.Considering regular and secondary lines together, the spread between the high and low line in a given crew position shall not exceed 13 CH.
2.[Reserved]
a.If a pilot is assigned a custom line (as described in Section 25.I.), and the pilot does not otherwise have a BLG/RLG for the bid period, the pilot shall have a BLG/RLG for the pilot’s custom line computed as provided in Section 4.B., C., or E.1.b., as applicable. Prior to any adjustments, however, the minimum bid period guarantee shall not be less than the minimum BLG/RLG prorated as provided in Section 4.A.4.
b.If a pilot is assigned a custom line (as described in Section 25.I.), and the pilot has a BLG/RLG for the bid period (e.g., pay only line), the pilot’s BLG/RLG for the bid period shall be the greater of the pilot’s original BLG/RLG or the BLG/RLG for the pilot’s assigned custom line computed as provided in Section 4.E.3.a.
F.Trip Guarantee
1.A pilot’s trip guarantee shall be the scheduled credit hour (SCH) value of the trip when the trip is awarded/assigned to the pilot (e.g., bid award, trip trade, open time assignment) or when the pilot blocks out on the trip, whichever is greater. The credit hour (CH) value for a trip is computed as the higher of:
a.Trip rig, plus revenue block hours in excess of 10 hours in any duty period; or
b.The sum of the credit hour values of the duty periods. The credit hour value of each duty period is computed as the highest of:
i.minimum pay per duty period (MPDP); or
ii.block hours; or
iii.duty rig.
2.Computation of Credit Hour Values
a.Trip Rig
Trip rig is 1 CH for each 3.75 hours of time away from base (TAFB), rounded to the nearest minute.
b.Minimum Pay Per Duty Period (MPDP)
A pilot may earn a maximum of 1 MPDP per duty period as follows:
i.MPDP-1
Duty periods during a trip, when such trip contains at least one layover, shall have an MPDP-1 of 3:12 CH.
ii.MPDP-2
A duty period comprised exclusively of a trip which departs and returns to base in the same duty period shall have an MPDP-2 of 6:24 CH.
A duty period which operates into and out of a designated MPDP-E sort facility shall have an MPDP-E of 6:24 CH when the duty period neither originated nor terminated at base.
iv.MPDP-F
The final duty period of a trip, which is comprised of revenue flying then deadhead to base, shall have an MPDP-F of 9:36 CH when:
(a)the flight sequence originates at a layover city; and
(b)operates to a designated sort facility; and
(c)transits such facility and operates to another city; and
(d)transits such city and concludes with a deadhead by air to base.
v.Designated Sort Facilities
For MPDP-E and MPDP-F, the designated sort facilities are MEM, IND, EWR, OAK, ORD, AFW, GSO, LAX, ANC, CAN, CDG and any additional sort facilities so designated by agreement between the SIG and the Vice President, Flight Operations. The primary sort facility for an FDA shall be the designated sort facility for purposes of MPDP-E and MPDP-F on such trips.
c.Block Hours
Block hours are computed as 1 CH for each 1 hour from block-out to block-in computed on a minute by minute basis.
d.Duty Rig
i.Domestic Day Duty Rig
Duty rig is computed as 1 CH for each 2.0 hours on duty within a single duty period, rounded to the nearest minute, when that duty period has a showtime between the hours of 0500 and 1559 LBT.
ii.Domestic Night Duty Rig
Duty rig is computed as 1 CH for each 1.5 hours on duty within a single duty period, rounded to the nearest minute, when that duty period has a showtime between the hours of 1600 and 0059 LBT.
iii.Domestic Critical Duty Rig
Duty rig is computed as 1 CH for each 1.5 hours on duty within a single duty period, rounded to the nearest minute, when that duty period has a showtime between the hours of 0100 and 0459 LBT.
iv.p.45 International Duty Rig
Duty rig is computed as 1 CH for each 1.73 hours on duty within a single international duty period, rounded to the nearest minute.
G.Allocation of Carryover
1.Carryover R-Days (into Regular or Reserve Line)
The following shall apply to carryover R-days on which no trip is assigned, for regular and reserve line holders:
a.Carryover R-day(s) shall have the R-day value for the bid period in which they occur;
b.If the pilot holds a reserve line in the second bid period, carryover R-days shall be added to the RLG for such bid period;
c.If the pilot holds a regular line for the second bid period, carryover R-days shall be paid in addition to the BLG for such bid period.
2.Carryover R-days (into Secondary Line)
A secondary line holder with carryover R-days may designate the amount of the pilot’s carryover R-day CH to be applied toward the new bid period’s BLG or RLG, as applicable. The default setting shall be 0 (zero) CH applied toward the new bid period’s BLG/RLG. Such designation shall be made during the monthly View/Add window, as described in Section 25.E.4.b.iii.
3.Carryover Trips
a.The total credit hour value of a carryover trip shall be computed as a single trip as provided in Section 4.F. (Trip Guarantee).
b.The total credit hour value for the carryover trip shall be divided between the two bid periods in which the trip occurs as follows:
i.All Trips
(a)If the trip guarantee for the carryover trip is based on trip rig, the first bid period BLG or RLG shall include trip rig for the portion of the carryover trip scheduled to occur in the first bid period; provided, however, if the last duty period of such trip begins in the first bid period, the first bid period BLG or RLG shall include full trip guarantee.
(b)If the trip guarantee for the carryover trip is based on the sum of the duty periods, the first bid period BLG or RLG shall include the sum of the credit hour values of duty periods beginning in the first bid period.
ii.Non-Reserve Trips (Carrying Over into a Regular or Reserve Line)
If the carryover trip was not a reserve trip, then the following shall apply:
(a)p.46 If the pilot holds a BLG in the second bid period, the remainder of trip guarantee for the carryover trip shall be added to such BLG.
(b)If the pilot holds an RLG in the second bid period, the remainder of trip guarantee shall be paid in addition to such RLG, and shall not be credited toward RLG but shall be credited toward leveling.
iii.Non-Reserve Trips (Carrying Over into a Secondary Line)
If the carryover trip was not a reserve trip, then a secondary line holder may designate the amount of the pilot’s carryover CH to be applied toward the new bid period’s BLG or RLG, as applicable. If the secondary or custom line holder has a mini-RLG, the pilot’s designated carryover CH shall not be credited toward mini-RLG or leveling. The default setting shall be 0 (zero) CH applied toward the new bid period’s BLG/RLG. Such designation shall be made during the monthly View/Add window, as described in Section 25.E.4.b.iii.
iv.Reserve Trips (Carrying Over into a Regular or Reserve Line)
If the carryover trip was a reserve trip, the following shall apply:
(a)If the pilot holds a BLG in the second bid period, the pilot’s carryover R-days shall constitute a mini-RLG for the second bid period. The remainder of trip guarantee for the carryover trip shall be credited toward mini-RLG and leveling.
(b)If the pilot holds an RLG in the second bid period, the remainder of trip guarantee shall be credited toward such RLG and leveling.
v.Reserve Trips (Carrying Over into a Secondary Line)
If the carryover trip was a reserve trip, a secondary line holder shall be afforded the same designation opportunity and default as provided in Section 4.G.3.b.iii. above. If the secondary line holder has a BLG with mini-RLG in the second bid period, the pilot’s carryover R-days shall be added to the mini-RLG for the second bid period. The pilot’s designated carryover CH, if any, shall be credited toward mini-RLG and leveling.
c.Notwithstanding other provisions of this paragraph, compensation for carryover trips flown in VLT/DRF/CMU status shall be paid on the 15th of the month following the bid period in which the trip originated; provided, however, that overage accrued on such trips shall be paid on the 15th of the month following the bid period in which the trip terminated.
H.p.47 Reserve Credit Hour Accrual
1.A pilot who is assigned a trip(s) or base standby in reserve status shall have the trip guarantee or standby pay credited toward the pilot’s leveling and/or RLG as follows:
a.For leveling, trip guarantee or standby pay shall be credited upon assignment.
b.For RLG, trip guarantee or standby pay shall be credited when that pilot:
i.actually blocks out on the trip;
ii.shows for the standby;
iii.is bumped from the trip or standby; or
iv.is removed from the reserve assignment for sick leave in accordance with Section 14.B.5.b. (Sick Leave).
2.If a reserve pilot’s R-day(s) is removed for vacation or training, other than initial, transition, upgrade (ITU) training, an R-day value shall be credited on the first day of the bid period toward the pilot’s leveling and RLG for each R-day removed.
3.If a reserve pilot’s R-day(s) is removed with pay for jury service, bereavement, or Association business, an R-day value shall be credited toward leveling and RLG for each R-day removed.
4.If a reserve pilot is removed from a reserve trip prior to actual block-out for the reasons stated in Section 4.H.4.a. (this paragraph), the pilot’s RLG shall be credited as provided in Section 4.H.4.b., c., and d.
a.A reserve pilot removed from a trip for the following reasons shall return to the pilot’s reserve schedule:
i.trip canceled (Section 25.H.2.a.);
ii.trip revised to extend beyond R-days (Section 25.M.1.b.);
iii.early show without notice (Section 25.H.2.c.);
iv.weather restrictions (Section 25.H.2.f.);
v.FAR or other governmental authority (Section 25.H.2.g.);
vi.Contract limitations (Section 25.H.2.h.).
b.If the pilot is removed from the trip via VIPS more than 1:30 hours prior to the pilot’s scheduled showtime for an R-1.5 reserve, more than 2 hours for an R-2, more than 3 hours for an R-3, or more than 20 hours for an R-24, the pilot shall receive no credit for that trip.
c.If the pilot is removed from the trip via VIPS 1:30 hours or less prior to the pilot’s scheduled showtime for an R-1.5 reserve, 2 hours or less for an R-2, 3 hours or less for an R-3, or 20 hours or less for an R-24, the pilot shall be credited 3 CH showpay toward the pilot’s RLG.
d.p.48 If the pilot is removed from the trip via VIPS at or after the pilot’s scheduled showtime, the pilot shall receive 3 CH showpay toward the pilot’s RLG.
e.The VIPS information is used solely to time stamp the change in assignment. Showpay will be based upon this time stamp. Pilot availability is determined by Section 25.M.3.g.ii.
5.A reserve pilot shall not receive the 3 CH showpay described in Section 4.H.4.c. or d., if the pilot is removed from the trip and is assigned a trip scheduled to depart in the same duty period.
6.If a reserve pilot is entitled to additional compensation, as provided in Section 4.X. (FAR extension), Section 4.Z. (recall from rest), Section 4.BB.8. (reserve overage), Section 4.CC. (weather replacement), Section 4.GG. (critical period pay event), 4.HH. (intermediate stop pay), Section 12.D.10. (grid penalties), or Section 25.M.3.d.vii. (disruption for RP change), that pay shall be compensated in addition to the pilot’s BLG/RLG.
7.CH accrued on R-days shall be compensated as follows:
a.at 100% of the pilot’s normal pay rate for CH earned up to the RLG for that fleet in that bid period.
b.at 150% of the pilot’s normal pay rate for CH earned over the RLG for that fleet in that bid period.
8.Overage CH shall be credited to RLG or compensated in addition to BLG/RLG as provided in Section 4.BB.8.
9.A reserve pilot who voluntarily accepted a reserve assignment that was scheduled to extend beyond the end of the pilot’s block of R-days shall have that portion of that trip that extended beyond the pilot’s scheduled block of R-days compensated at 150% in addition to RLG. The calculation of the portion of the pilot’s trip to be compensated at 150% shall be done in the same manner as a carryover trip, as provided in Section 4.G.3.b.i.(a).
I.Adjustments to BLG/RLG
1.Phase-In Conflicts
a.If a pilot is removed from a trip(s) or R-day(s) at the beginning of a bid period due to a phase-in conflict (Section 25.F.), the value of such trip(s) or R-day(s) shall be deducted from the pilot’s new bid period BLG/RLG.
b.If a pilot is removed from a trip(s) or R-day(s) to protect minimum scheduled days off, the value of such trip(s) or R-day(s) shall be deducted from the pilot’s BLG/RLG.
c.If a pilot is awarded a line in a pay only status, phase-in conflicts on such line, if any, shall be processed as provided in Section 4.I.1.a.
2.p.49 Trip Trades and Trip Drops
a.If a pilot drops a trip for which the pilot was entitled to trip guarantee, or trades a trip(s) for a trip(s) of lesser value, the pilot’s BLG shall be reduced by the value of the trip dropped or by the difference in the value of the traded trips.
b.If a pilot trades a trip(s) for a trip(s) of higher value, the pilot’s BLG shall be increased by the difference in the value of the trips.
3.Pay During a Jury Service Absence
If a pilot is removed from any activity, as provided in Section 25.Y. (Jury Service), the pilot shall be compensated as follows:
a.For in-person jury service, pay protection shall be as provided in Section 25.Y.6.a.
b.For call-in jury service, pay protection shall be as provided in Section 25.Y.6.b.
4.Recurrent Training Pay (Other than Line Checks)
a.If a pilot’s recurrent training is scheduled other than as provided in Section 25.C.12.d.iii.(b), the pilot shall earn guarantee for the training (except for a no show), and the following shall apply:
i.When a pilot is scheduled for recurrent training on a scheduled day off (including a day(s) off generated due to phase-in conflict), the pilot shall be compensated 4:30 CH for each such day, in addition to BLG/RLG, except as provided in Section 4.I.7.
[Note: With the change in the 2015 CBA from “attends” to “scheduled for,” training is now added to BLG, with payment the month of the training (not the following month). Thus, the delay in pay deductions for phase-in conflicts that Paragraph S of the FDA provided for is no longer needed. Paragraph S will be suspended.]
ii.If a pilot is awarded/assigned recurrent training in conflict with a trip or block of R-days, the pilot’s pay shall be handled as provided in Section 4.I.1.a. (phase-in conflicts). If the pilot’s recurrent training conflicts with a block of R-days, the entire block shall be dropped as a phase-in conflict and the pilot shall not be responsible for any of the R-days in that block.
iii.If a pilot receiving recurrent training is removed from a trip(s) to protect minimum scheduled days off, the pilot’s pay shall be handled as provided in Section 4.I.1.b.
b.If a secondary line holder is scheduled for recurrent training other than as provided in Section 25.C.12.d.iii.(b), the pilot shall designate whether or not the pilot’s recurrent training credit hours (4:30 CH for each such day) are to be counted toward the pilot’s p.50 BLG/RLG. The default setting shall be for those credit hours not to count toward the pilot’s BLG/RLG. Such designation shall be made during the View/Add window.
c.If a pilot’s recurrent training is scheduled as provided in Section 25.C.12.d.iii.(b), the following shall apply:
i.If a pilot is removed from a trip(s) for which the pilot has trip guarantee, due to a conflict with recurrent training, the pilot shall earn the trip guarantee for that trip(s). The pilot’s eligibility for substitution shall be governed by Section 25.H.4.b. (Substitution).
ii.If a pilot receiving recurrent training is removed from a trip(s) to protect minimum scheduled days off, the pilot shall earn trip guarantee for that trip(s). The pilot’s eligibility for substitution shall be governed by Section 25.H.4.b. (Substitution).
iii.If a pilot attends recurrent training on a scheduled day off, or on a combination of days off and trip days, the following shall apply:
(a)if no trip was removed due to recurrent training or minimum days off, the pilot shall be compensated 4:30 CH per day, in addition to BLG/RLG, except as provided in Section 4.I.7.
(b)if a trip was removed due to recurrent training or minimum days off, and the total number of training days exceeds the number of trip days removed, the excess days shall be compensated at 4:30 CH per day.
iv.If a reserve pilot attends recurrent training on an R-day, the R-day value shall be credited toward the pilot’s leveling and RLG.
v.If a reserve pilot attends recurrent training on a scheduled day off the following shall apply:
(a)if the pilot has not waived the pilot’s minimum days off protection as provided in Section 25.E.1.b., (minimum day off protection for recurrent training), an R-day shall be removed from the pilot’s line and the R-day value shall be credited toward the pilot’s leveling and RLG; or
(b)if the pilot has waived the pilot’s minimum days off protection, no R-day shall be removed from the pilot’s line and the pilot shall earn 4:30 CH in addition to the pilot’s RLG.
d.A pilot who completes distance learning-based training shall earn 1 CH for each 2 scheduled hours of that training, or portion thereof. That compensation shall be in addition to BLG/RLG.
5.p.51 Initial, Transition, Upgrade (ITU) Training Pay
a.A pilot in ITU training for an upgrade award or as a result of a crew position assignment shall earn a minimum of the pilot’s BLG/RLG, adjusted as described in Section 4.I.1. (Phase-In Conflict), excluding carryover CH. If the pilot does not have a BLG/RLG (e.g., returning from a leave of absence), the pilot shall be assigned a prorated RLG (4 days of work for every 7 days available) for the pilot’s crew position based on the number of days the pilot is in active pay status during the remainder of the bid period.
b.For any bid period not completely covered by a pilot’s ITU footprint, in which the pilot is awarded a secondary line, the value of the pilot’s ITU to be applied toward the pilot’s BLG/RLG shall be a prorated portion of the credit hour value of average BLG for the pilot’s crew position. This pro-ration shall be calculated by dividing the number of days underneath the pilot’s ITU footprint, in the bid period, by the total number of days in the bid period (28, 35, or 42), rounded to the nearest whole number.
c.A pilot in ITU training for a lateral or down bid, other than a pilot who was assigned into that crew position, shall be awarded a line in pay only status. The pilot shall not be compensated for any carryover CH on the pilot’s pay only line.
d.A pilot in ITU training will only be compensated for the carryover credit hours the pilot actually flies and any remaining carryover credit hours shall be eligible for make-up.
e.For the bid period in which the pilot completes OE, the pilot shall be compensated the greater of:
i.the pilot’s pay only line; or
ii.the higher of SCH or ACH for OE trips, plus 4:30 CH for each day the pilot received or showed for scheduled training other than OE.
6.Requalification Training Pay
a.If a pilot receiving requalification training does not hold a pay only line, pay for requalification training shall be as described in Section 4.I.4. (recurrent training pay), or I.5. (ITU training pay), whichever is applicable based on the extent of the training necessary to accomplish requalification.
b.If a pilot receiving requalification training holds a pay only line, the pilot shall be compensated as provided in Section 4.I.5. (ITU training pay).
c.The Company shall notify a pilot requiring requalification training, via VIPS, of a potential lapse in currency at least 14 days prior to the lapse.
(a)A pilot whose request for use of the simulator is approved, shall receive pay from the Company (and if away from base, treated like a pilot who has been assigned to train at a location other than the pilot’s base (Section 11.E.1.g.)) when that pilot uses a simulator to maintain landing currency (i.e., Landing Currency Training, (LCT)) so long as the pilot did not need to use the simulator to maintain landing currency (LCT) in the prior 90 days. Pay with the associated Section 11.E.1.g. benefits for consecutive uses of the simulator to maintain landing currency (LCT) shall be at the discretion of the Fleet Captain upon consideration of proactive efforts the pilot made to maintain currency.
[Note: A pilot’s Continuing Qualification shall be counted as if the landings occurred in the aircraft when the simulator is requested.]
(b)Pilots who are approved to use a simulator away from their base to maintain landing currency but are not eligible for pay, along with the associated 11.E.1.g. benefits, as provided above in Section 4.I.6.c.i.(a), shall have the ability to use their deviation bank for travel to/from the simulator location.
ii.If the pilot does not maintain currency, the following shall apply:
(a)trips or R-days shall be dropped due to non-currency; and
(b)the pilot shall be eligible for make-up for any trips or R-days dropped as a result of non-currency; and
(c)the pilot shall not be compensated for days spent in requalification training.
(d)A pilot is expected to take proactive steps to maintain currency. A pilot who makes reasonable efforts to maintain currency will not be penalized, e.g., schedules simulator and it cancels, or has trip scheduled and it cancels.
7.Pay Following Training Failure
a.If a pilot incurs a training failure, the pilot shall continue to receive compensation as described in Section 4.I.4., I.5. or I.6. (recurrent, ITU or requalification training) as applicable, except that the pilot shall not be compensated for any subsequent training on a scheduled day off.
b.p.53 A pilot awarded or assigned a lower-paying crew position, whose activation is delayed owing to the pilot’s performance or unavailability (e.g., leave of absence, sick leave), will begin to earn the lower hourly rate of pay 90 days following the pilot’s awarded/assigned training start date, unless the pilot’s actual activation is sooner.
8.Bereavement Pay
A pilot removed from a trip(s) or R-day(s), as provided in Section 25.Z. (Bereavement Absence), shall be compensated for the portion of such activities in actual conflict with the bereavement absence as follows:
a.If an R-day conflicts with a bereavement absence, an R-day value shall be credited toward leveling and RLG.
b.If an entire trip conflicts with a bereavement absence, the pilot shall earn trip guarantee.
c.If a portion of a trip conflicts with a bereavement absence, the following shall apply:
i.the pilot shall be paid for any portion of the trip which the pilot actually operated; and
ii.the pilot shall be paid for other portions of the trip that conflict with bereavement absence; and
iii.The CH remainder of trip guarantee (i.e., that part not compensated as bereavement pay, and not actually operated), multiplied by 100, 125, or 150%, as applicable based on the trip’s assignment code, shall be:
(a)Charged to the pilot’s sick bank; or
(b)If the pilot requests, charged to the pilot’s vacation bank; or
(c)If the pilot requests, deducted from the pilot’s BLG, and be eligible for make-up.
9.Training Support Pay
a.If a pilot is scheduled to occupy a crew seat in support of another pilot’s simulator training (or aircraft/FTD training in lieu thereof) on an R-day, at the pilot’s base, the pilot shall be credited R-day value toward the pilot’s leveling upon assignment and credited toward RLG if the pilot shows for such assignment. The pilot will have an R-day value deducted from the pilot’s RLG, and receive no leveling credit, if the pilot no-shows such assignment.
b.If a pilot, other than a pilot on an R-day, occupies a crew seat in support of another pilot’s simulator training (or aircraft/FTD training in lieu thereof) the pilot shall earn 4:30 CH in addition to the pilot’s BLG/RLG. If the pilot is a VLT/DRF/CMU pilot, such compensation shall be at 150% of the pilot’s normal pay rate.
A pilot’s BLG/RLG shall be reduced by the value of any trip(s) and/or R-day(s) dropped due to military obligations. Such pilot shall be eligible for make-up. A pilot is eligible to use available vacation CH to cover trip days in actual conflict with the pilot’s military obligations. A pilot’s use of vacation CH for military obligations shall not create a deficit in the pilot’s vacation bank.
J.Effect of Line Revisions Prior to the Start of a Bid Period
If the Company revises a regular line following publication of a bid period package but prior to the close of the bidding for that bid period, the following shall apply:
1.The Company shall notify the affected pilots of the revision through VIPS and Administrative FCIF.
2.The line shall be awarded as revised at the time the bid closes.
3.The BLG for that line shall be the higher of BLG as originally published or as revised at the time the bid closes.
K.Correction of BLG/RLG Errors
1.If a line is published with a miscalculated BLG, the pilot awarded that line shall receive the higher of the published or the correctly calculated BLG, except that a pilot awarded a line with a BLG published as higher than the maximum permissible under line construction rules shall earn the highest BLG permissible under such rules.
2.The published RLG for a bid period package shall be revised to correct clerical or calculation errors.
L.Substitution
1.A pilot’s substitution guarantee shall be the sum of all CH earned in substitution status (i.e., availability credits, airport hold credits, substitution base standby credits and pay for a substitution trip). A pilot shall earn trip guarantee for a substitution trip only if the pilot blocks out on such trip. As provided in Section 25.H.3.b.ii., if a pilot’s substitution window is greater than 72 hours, and the pilot chooses not to remain eligible for substitution at 4 hours after showtime of the trip that caused substitution eligibility, the pilot shall be paid 18 CH toward trip guarantee and is eligible for OTP for the balance of trip guarantee.
2.If a pilot becomes eligible for substitution, the pilot shall be compensated as follows:
a.If the pilot accepts all substitution assignments and fulfills all availability requirements (as described in Section 25.H.3.), the pilot shall earn the greater of the trip guarantee for the original trip or substitution guarantee, provided, however, that a pilot shall not earn more than the trip guarantee for the pilot’s original trip unless the value of the substitution assignments the pilot performs p.55 (i.e., trips, standbys, and airport holds) is greater than original trip guarantee; or
b.If the pilot forfeits trip guarantee (e.g., by refusing a substitution assignment or failing to remain available for contact), and neither accepts a reassignment trip nor enters OTP, the pilot shall earn substitution guarantee only; or
c.If the pilot accepts a reassignment trip, the pilot shall earn reassignment trip pay as determined by Section 25.H.10. and Section 4.M.; or
d.If the pilot enters OTP, the pilot shall earn compensation as determined by Section 4.N.; and
e.A pilot shall not earn both assignment trip CH and substitution availability CH during the same day of substitution eligibility.
3.If a pilot initially eligible for substitution remains available as provided in Section 25.H.3.b. through H.3.e. (availability periods), the pilot shall receive 6 CH toward the pilot’s substitution guarantee for each availability period if:
a.during that availability period, the pilot was not offered a substitution trip; or
b.during that availability period, the pilot did not reject a substitution trip; and
c.the availability period was not entirely contained within the 72 hours in which no substitution assignment can begin as provided in Section 25.H.3.b.ii.
4.If a pilot is held for 4 hours at the airport following removal from the pilot’s original or substitution trip, and does not block out on a substitution trip during that 4 hour window, the pilot shall earn 6 CH credit toward the pilot’s substitution guarantee.
5.If a pilot forfeits trip guarantee, the pilot shall be eligible to make-up the value of the pilot’s original trip guarantee less CH earned in OTP (if the pilot is in OTP) or the pilot’s substitution guarantee (if the pilot is not in OTP).
6.If a pilot is eligible for substitution due to recurrent training, the recurrent training pay provided in Section 4.I.4.c.iii. shall be credited toward the pilot’s substitution guarantee.
M.Reassignment Trip Pay
1.If a pilot accepts a reassignment trip the pilot shall be compensated the higher of trip guarantee for the original trip(s) calculated at 100% of the pilot’s normal pay rate, or trip guarantee for the reassignment trip calculated at 125% of that rate, if:
a.the pilot blocks out on the reassignment trip; or
b.p.56 the pilot becomes eligible for substitution based on the pilot’s reassignment trip; or
c.the Company removes the pilot from the pilot’s reassignment trip for operational reasons (e.g., to replace a high minimums pilot).
2.If a pilot trades the pilot’s reassignment trip, the pilot shall earn only the trip guarantee for the trip(s) assumed as a result of the trade.
3.If a pilot does not block out on a reassignment trip due to illness or injury, the pilot shall be compensated the trip guarantee of the reassignment trip (at 100% of the pilot’s normal pay rate), and the pilot’s sick bank shall be charged accordingly.
N.PMU (Priority Make Up) Trip Pay
1.A pilot in OTP shall be pay protected for the trip guarantee of the pilot’s original trip for the remainder of the bid period in which the trip began plus three additional bid periods thereafter. The trip guarantee for the pilot’s original trip shall then be deducted from the pilot’s first paycheck after the pay protection ends (and subsequent paychecks if necessary).
2.If a pilot is assigned a PMU trip, the pilot shall earn trip guarantee.
3.CH for trips assigned as PMU shall be compensated at 125% of the pilot’s normal pay rate, except that CH earned for trips assigned as PMU, which exceed the pilot’s OTP eligibility shall be compensated at 100%.
Example:
A 12 CH trip and an 18 CH trip become eligible for substitution. The pilot holding those trips elects OTP and therefore has an OTP eligibility of 30 CH. The pilot flies a 24 CH PMU trip. These CH are paid at 125%. With 6 hours of OTP eligibility remaining (and before that eligibility expires), the pilot flies a 9 CH PMU trip. Six of these CH are paid at 125% and the other 3 CH are paid at 100%.
O.Base Standby Pay
1.A pilot on base airport or base hotel standby shall be guaranteed the higher of:
a.trip rig, with the TAFB commencing at the beginning of the first standby period and ending at the conclusion of the last standby period; or
b.an R-day value for each local base day in which there is a standby period, except as provided in Section 4.O.2. below.
2.If a pilot eligible for substitution is assigned a base standby (as provided in Section 25.H.5.d.), and does not block-out on a trip, the pilot shall be credited with 6 CH towards the pilot’s substitution guarantee. If the pilot blocks out on a trip, the pilot shall be compensated the greater of trip guarantee for such trip or substitution availability credit.
3.p.57 If a pilot on base airport standby blocks out on a trip, the pilot shall earn the trip guarantee for that trip, with the calculation of MPDP and duty rig beginning at showtime of the standby period.
4.If a pilot on base hotel standby blocks out on a trip, the pilot shall earn the trip guarantee for that trip. Any eventual overage will be calculated based upon that trip.
P.Make-Up Pay
A pilot who is assigned a make-up trip shall be compensated as follows:
1.If a pilot is assigned a make-up trip, other than make-up sick or make-up vacation, the pilot shall earn trip guarantee.
2.Make-Up Sick (MUS), Make-Up Disability (MUD) and Make-Up Vacation (MUV)
a.If a pilot is assigned a MUS, MUD or MUV trip, the pilot shall earn trip guarantee if the pilot blocks out on such trip.
b.If a pilot is removed from a MUS, MUD or MUV trip prior to block-out, the pilot shall be credited as follows:
i.If the pilot is removed via VIPS more than 3:00 hours prior to the pilot’s scheduled showtime, the pilot shall receive no credit for that trip.
ii.If the pilot is removed via VIPS 3:00 hours or less prior to the pilot’s scheduled showtime the pilot shall be credited with 3 CH showpay.
iii.If the pilot is removed at or after the pilot’s scheduled showtime, the pilot shall be credited with 3 CH showpay.
iv.Notwithstanding other provisions of this paragraph, if a pilot blocks out on another MUS, MUD or MUV trip with a showtime within 4 hours of the showtime of the original trip, the pilot shall not receive showpay for the first trip.
c.If a pilot is removed from a MUS, MUD or MUV trip prior to block-out due to sick leave, the pilot shall not earn any CH for that trip and no deduction shall be made from the pilot’s sick leave account.
Q.Volunteer (VLT), Draft (DRF), and Compensatory Make-Up (CMU) Pay
A pilot who is notified of a VLT trip or has accepted a DRF trip shall be compensated as follows:
1.Except as provided in Section 12.C.2.c.iii. (taxi/air turn back to base), and Section 8.C.1.f.iii. (deviation trip schedule change), if a pilot blocks out on a VLT/DRF trip, the pilot shall earn trip guarantee at 150% of the pilot’s normal pay rate and overage, if any, as provided in Section 4.BB. Such compensation shall be in addition to BLG/RLG.
2.p.58 If a pilot is removed from a VLT/DRF trip prior to block-out, the pilot shall be compensated as follows.
a.If the pilot is removed via VIPS more than 3:00 hours prior to the pilot’s scheduled showtime, the pilot shall receive no compensation for that trip.
b.If the pilot is removed via VIPS 3:00 hours or less prior to the pilot’s scheduled showtime, the pilot shall earn 3 CH showpay at 150% of the pilot’s normal pay rate.
c.If the pilot is removed at or after the pilot’s scheduled showtime, the pilot shall earn 3 CH showpay at 150% of the pilot’s normal pay rate.
d.A pilot who is removed from multiple VLT or DRF trips within the same duty period shall receive a maximum of one showpay associated with such duty period.
3.A pilot who is removed from a VLT or DRF trip and blocks out on another VLT or DRF trip with a showtime within 4 hours of the showtime of the original trip shall not receive showpay for the first trip.
4.If a pilot is removed from a VLT or DRF trip prior to block-out due to sick leave, the pilot shall not earn any CH for that trip and no deduction shall be made from the pilot’s sick leave account.
5.A pilot who is removed from a VLT or DRF trip after block-out due to sick leave shall be compensated at 150% of the pilot’s normal pay rate for such trip. The CH charged to sick leave (as described in Section 14.B.5.) shall be charged at 150%.
6.For purposes of this Section, the provisions of Section 4.Q.1. through 4.Q.5. apply for a pilot assigned a CMU trip.
7.CH for trips assigned in compensatory make-up status shall be compensated at 150% of the pilot’s normal pay rate, except that CH earned for trips assigned in compensatory make-up status, which exceed the pilot’s compensatory make-up eligibility, shall be compensated at 100%.
R.Field Emergency Pay
1.If a pilot in field emergency pay status departs the pilot’s location to position for the trip, or blocks out on the revenue portion of a trip, the pilot shall earn trip guarantee at 150% of the pilot’s normal pay rate. The pilot shall be reimbursed for expenses incurred in positioning, as provided in Section 5.A.7. (authorized expenses), by submission of an expense report (a field emergency pilot’s trip shall be constructed as provided in Section 25.R., in order to establish a credit hour value for the trip).
2.p.59 If a pilot accepts a field emergency trip and is removed from that trip prior to departing the pilot’s location for the purpose of positioning for the field emergency trip, the pilot shall earn 3 CH paid at 150% of the pilot’s normal pay rate.
S.Special Project Pay
A pilot assigned to special projects shall receive $100 per hour worked on a scheduled day off, not to exceed 8 hours per day.
T.Priority Non-Premium (PNP)
1.A pilot eligible for PNP shall retain the priority status for the bid period the pilot was eligible for PNP plus one additional bid period. Thereafter, those CH revert to general make-up (M/U).
2.A pilot who is assigned a PNP trip shall earn trip guarantee, in the same manner as provided for a general make-up trip in Section 4.P.1.
U.Taxi Pay
1.A pilot who reports for or performs aircraft ground operations for a purpose other than flight, not during a trip or base standby, shall earn 3 CH or duty rig, whichever is greater.
2.A pilot who reports for or performs aircraft ground operations for a purpose other than flight, during a trip or base standby, shall earn 1 CH in addition to all other compensation due. This additional 1 CH shall be payable upon the pilot’s submission of a pay log.
V.[Reserved]
W.Disruption Compensation
1.Trips held in the following pay codes are eligible for disruption pay: TRP, SON, SWP, SMU, M/U, MUV, MUD, MUS, PDO, PNP, AFB, PRO, RSV (for R-24 pilots), and CIA. If a pilot’s eligible trip is disrupted as provided in Section 25.S., the pilot shall receive disruption pay as follows:
a.Landing Disruption
1:30 CH per extra landing as provided in Section 25.S.2.a.
b.Duty Period Disruptions
1:30 CH for each duty period in which one or more of the disruptions described in Section 25.S.2.b. occurs, except that a deadhead deleted at the end of an international trip shall pay 3:00 CH (Section 25.S.2.b.ii.).
c.Layover Change Disruption
For disruptions described in Section 25.S.2.c.:
i.1:00 CH for one change per trip;
ii.1:30 CH for two changes per trip; or
iii.3:00 CH for three or more changes per trip
d.p.60 Crew Designation Disruption
1:30 CH for each flight in which a pilot who was awarded/assigned a crew designation as a Standard Crew member, and is assigned and operates as a Relief Pilot, or vice versa, as described in Section 25.S.2.d. Instances in which pilots mutually agree upon a role switch (e.g., for landing currency) do not qualify.
e.Out-and-Back Disruption
1:30 CH per trip for disruptions described in Section 25.S.2.e.
f.Single Layover Disruption
3:00 CH per trip for disruptions described in Section 25.S.2.f.
g.Day to Critical Disruption
1:30 CH per trip for disruptions described in Section 25.S.2.g.
2.The applicability of disruption pay is determined by comparing the trip as awarded/assigned with the trip as actually operated, regardless of intermediate revisions. A pilot must operate a disruption to receive the corresponding pay.
3.Except for the disruption due to a deadhead at the beginning or end of a trip being revised to operate, as provided in Section 25.S.2.b.ii., a disruption(s) is not payable based on events that occurred during a duty period that qualifies for extra duty period pay, as provided in Section 4.Y.
X.FAR Extension Pay
If a pilot’s duty period is extended beyond the operational limits as provided in Section 25.T., the pilot shall earn an additional 3 CH at the pilot’s normal pay rate.
Y.Extra Duty Period Pay
1.Trips held in the following pay codes are eligible for extra duty period pay: TRP, SON, SWP, SMU, M/U, MUV, MUD, MUS, PDO, PNP, AFB, PRO, RSV (for R-24 pilots), and CIA. If the actual number of duty periods operated in a pilot’s eligible trip exceeds the number of duty periods scheduled when the pilot was awarded/assigned the trip, the pilot shall be compensated 3:30 CH at the pilot’s normal pay rate for each additional duty period, in addition to all other compensation. Activities assigned during single day base standbys (airport or hotel) shall not generate extra duty period pay.
2.If a duty period qualifies for extra duty period pay, no disruptions (except for the disruption due to a deadhead deleted at the beginning or end of a trip as provided in Section 25.S.2.b.ii.) are payable based on events that occurred during that duty period.
3.For purposes of determining extra duty period pay, a standby period(s) that is part of a multiple day trip, but is not attached to a duty period p.61 scheduled to contain flying shall count as one duty period. A hotel standby period counts as a duty period only for purposes of extra duty period pay; the provisions of Section 12 apply in all other cases.
Z.Recall From Rest Pay
If a pilot is recalled from a legal rest period (i.e., the pilot’s legal rest period is interrupted, see Section 2.77), the pilot shall be compensated 3 CH, at the pilot’s normal pay rate, in addition to all other compensation.
AA. Base Replacement Pay
1.If a pilot blocks out on a base replacement trip (Section 25.Q.), the pilot shall earn the greater of trip guarantee for the pilot’s original or replacement trip.
2.If a pilot described in Section 4.AA.1., is involuntarily assigned (Section 25.Q.2.) the pilot shall be compensated at 150% of the pilot’s normal pay rate.
3.If a pilot blocks out on a base replacement trip, the pilot shall earn 3 CH base replacement pay at the pilot’s normal pay rate in addition to all other compensation.
4.If a pilot’s base replacement trip is canceled, the pilot shall earn the trip guarantee of the pilot’s original trip.
BB. Overage Accrual and Compensation
1.Overage Compensation and Credit
a.Overage compensation shall be paid in addition to all other compensation to which a pilot is entitled, except as provided in Section 4.BB.1.b. through BB.1.f.
b.Overage CH for a reserve trip shall be credited and compensated as provided in Section 4.BB.8.
c.Overage CH for a substitution trip shall be credited and compensated as provided in Section 4.BB.9.
d.Overage CH accrued during a make-up vacation trip shall be applied toward a pilot’s vacation bank.
e.Overage CH accrued during a make-up sick trip shall be applied toward a pilot’s disability sick account.
f.Overage CH accrued during an AFB trip shall be applied as provided in Section 18.E. (Association Fly Back).
2.For the purpose of computing overage compensation, SCH is equal to trip guarantee.
3.If the revision or operation of a non-reserve trip causes a conflict with a pilot’s subsequent trip or R-day, the following shall apply:
a.If the conflicted activity is an R-day, then:
i.p.62 if the pilot was available for any portion of the pilot’s RP, the pilot shall be compensated both the overage earned and the value of the R-day.
ii.if the pilot was not available for any portion of the pilot’s RP, the pilot shall be compensated the greater of the overage earned or the value of that R-day.
b.If the conflicted activity is a trip, it shall be removed and the following shall apply:
i.the pilot shall not be entitled to compensation for the removed trip if the pilot did not have trip guarantee for the dropped trip.
ii.if the removed trip was a substitution trip, the substitution trip shall not be credited toward the pilot’s substitution guarantee, and the pilot shall remain eligible for substitution. The pilot’s entitlement to trip guarantee for the pilot’s original trip shall not be affected.
c.If the pilot has trip guarantee for the removed trip, the pilot may elect the following:
i.to have the trip in conflict dropped without pay, in which case the accrued overage shall be paid and the dropped credit hours shall be eligible for make-up; or
ii.If the pilot does not elect the option in Section 4.BB.3.c.i., the subsequent trip shall be removed with pay and the pilot shall be eligible for substitution.
4.If the revision or operation of a reserve trip causes a conflict with a pilot’s subsequent trip, the subsequent trip shall be removed and the following shall apply:
a.If the pilot did not hold trip guarantee for the subsequent trip, the pilot shall not be entitled to compensation for such trip.
b.If the pilot held trip guarantee for the subsequent trip, the pilot may elect to have the trip in conflict dropped without pay, in which case the accrued overage shall be paid and the dropped credit hours shall be eligible for make-up.
c.If the pilot does not elect the option in Section 4.BB.4.b., the subsequent trip shall be removed with pay (as provided in Section 4.L.), and the pilot shall be eligible for substitution. If the removed trip was a substitution trip, that trip shall not be credited towards the pilot’s substitution guarantee and the pilot shall remain eligible for substitution. The pilot’s entitlement to trip guarantee for the pilot’s original trip shall not be affected.
5.If a trip’s ACH exceed OSC or the trip is operationally extended past its original scheduled return time, a pilot shall earn overage CH computed as the higher of:
a.p.63 ACH minus the sum of OSC for the trip and SCH of any subsequent trip(s) removed with pay due to actual conflict; or
b.trip rig computed for the time the extended trip conflicts with time the pilot was scheduled to be free from duty at base, if such time exceeds 2 hours.
6.If a trip extends 2 hours or less into time scheduled free from duty at base, overage CH shall be paid at the pay rate applicable to the extended trip; provided however, that overage CH for a PDO trip shall be paid to the pilot who operated the trip.
7.If a trip extends more than 2 hours into time scheduled free from duty at base, overage compensation for the first 12 CH shall be paid at 150% of the pilot’s normal pay rate. If a pilot earns more than 12 CH of overage on a trip, the excess shall be paid at 200% of the pilot’s normal pay rate.
8.Reserve Overage
a.If the ACH of a reserve trip exceed OSC and/or such trip is operationally extended 2 hours or less into time scheduled free from duty at base on a non R-day, all overage CH shall be applied to the pilot’s RLG and leveling at 100%.
b.If a reserve trip extends more than 2 hours into time scheduled free from duty at base on a non R-day, overage CH shall be computed as trip rig for the period from scheduled trip termination until actual trip termination. Overage CH shall be applied as follows:
i.CH accrued on an R-day shall be applied toward leveling and credited toward RLG at 100%.
ii.CH accrued on time scheduled free from duty on a non R-day shall be applied toward leveling only at 100% and shall be compensated in addition to BLG/RLG at 150% of the pilot’s normal pay rate.
9.Substitution Overage
a.If the ACH of a substitution trip exceed OSC or that trip is operationally extended 2 hours or less beyond the release time of the original trip, into time scheduled free from duty at base, all overage CH shall be credited toward the pilot’s original trip guarantee at 100%.
b.If a substitution trip extends more than 2 hours beyond the scheduled termination of the pilot’s original trip, into time scheduled free from duty at base, overage shall be computed as trip rig for the period from scheduled termination of the substitution trip until actual termination of that trip. Overage CH shall be applied as follows:
i.Overage CH accrued, if any, from the scheduled termination of the substitution trip until the scheduled termination of the p.64 original trip shall be credited toward trip guarantee of the original trip at 100%.
ii.Overage CH accrued from scheduled termination of the original trip until actual termination of the substitution trip shall be compensated at 150% of the pilot’s normal pay rate.
CC. Weather Replacement Pay
A Captain, while away from base on a trip, who is removed from the pilot’s scheduled activity to replace a weather restricted Captain earns weather replacement pay of 2:30 CH.
DD. [Reserved]
EE. Grid Penalty Event (GPE)
This paragraph applies to all international trips except for international trips constructed under Section 12.D.1.b. or c.
1.A grid penalty event (GPE) occurs in the following six circumstances:
a.A pilot’s duty period exceeds the maximum duty permitted in the Grid based on the pilot’s Grid sleep state by more than 1:30.
b.A pilot’s layover was less than the applicable International Grid Minimum Layover (i.e., 14 hours or 12 based on the chart in Section 12.D.2.e.).
c.A pilot received more than 4 “not adjusted” rests in a row. Each rest after 3 non-adjusted rests shall be a separate GPE event. An initial GPE occurs when the pilot’s fifth duty period begins without the pilot having received at least 18 hours free from duty preceding the beginning of that duty period. For purposes of Section 4.EE.1.c., only, an unassigned hotel standby period shall be counted as part of the rest periods preceding and/or following it (e.g., an unassigned 11:30 hotel standby period, followed by a 12:30 rest period will be counted as an adjusted rest).
d.A pilot exceeds the landing limitations as permitted in the grid in any single duty period.
e.30-in-120 Nonconformance Penalty
If a pilot’s trip did not conform to 30-in-120 (as set forth in Section 12.D.2.g., except using 30 instead of 32 hours), the pilot shall be paid 3 CH in addition to all other compensation regardless of the 48-hour period as stated in Section 4.EE.3., and the event shall be additive to the total count of GPEs for the trip.
f.34-in-168 Nonconformance Penalty
If a pilot’s trip did not conform to 34-in-168 (as set forth in Section 12.D.2.g., except using 34 instead of 36 hours), the pilot shall be paid 3 CH in addition to all other compensation regardless of the p.65 48-hour period as stated in Section 4.EE.3., and the event shall be additive to the total count of GPEs for the trip.
2.If all GPEs in a trip touch a single 48 hour period, no grid penalty shall be due, except as provided in Section 4.EE.1.e. or f.
3.If all GPEs do not touch a single 48 hour period, then the following penalties shall apply:
a.If the trip has two or fewer GPEs, the pilot shall be paid 3 CH per violation in addition to all other compensation. A duty period that triggers a payment under this paragraph shall be ineligible for FAR Extension Pay.
b.If the trip contained more than two GPEs, the pilot’s trip guarantee shall be paid a premium of 50% based on the pilot’s normal rate of pay (i.e., if trip guarantee was at 100%, it pays at 150%; if trip guarantee was at 125% (OTP), it pays at 175%; if trip guarantee was at 150%, it pays at 200%). For a reserve pilot, the CH representing the 50% premium shall not be credited toward RLG, but shall be paid in addition to all other compensation, including BLG/RLG.
c.If a trip has multiple GPEs, one of which is a 30-in-120 or 34-in- 168 violation, the GPEs in that trip shall be deemed not to touch a single 48 hour period.
d.GPEs shall be paid to a pilot in the pilot’s paycheck issued on the 15th of the month, in the bid period following the bid period in which the applicable trip(s) ended.
FF. Block Override (BKO)
If a trip’s OSC exceeds SCH, a pilot shall earn block override CH equal to OSC minus SCH. BKO shall be paid in the same form (e.g., credited toward RLG for reserve trips, credited toward MUS for MUS trips, cash for TRP), at the same pay rate, as trip guarantee.
GG. Critical Period Pay Events
1.This paragraph applies to duty periods scheduled to domestic parameters, regardless of assignment code, and shall be paid in addition to all other compensation.
2.Critical Period Departures
Following flight deck duty that operates anytime in the critical period, if a pilot has an intermediate stop at a facility other than AFW, CDG, EWR, GSO, IND, LGG, MEM, or OAK (or other like facilities as agreed upon by the SIG), that is greater than 2 but less than 4 hours (from block-in to block-out), the pilot shall be paid 1.5 CH. This event shall not apply to trips that depart base in the critical period and return to base in the same duty period (out and backs).
3.For any duty period that begins in the critical period, a pilot shall be paid 1.5 CH for each landing in excess of 2 in that duty period.
4.p.66 For any duty period that begins in the critical period, if a trip departs from base and returns to base in the same duty period, and blocks in after 10:15 LBT, the pilot shall be paid 1.5 CH.
5.For any flight deck duty period that operates in the critical period, and has a flight in excess of 4:30 block hours, the pilot shall be paid 3 CH for each subsequent flight in that duty period.
HH. Intermediate Stop Pay
1.This paragraph applies to duty periods scheduled to domestic parameters, regardless of assignment code, and shall be paid in addition to all other compensation.
2.For any flight deck duty period that does not operate in the critical period, and has a flight in excess of 4:30 block hours, and an intermediate stop (from block-in to block-out time) greater than 2 but less than 4 hours, the pilot shall be paid 1.5 CH for each subsequent flight in that duty period after such intermediate stop.
Section 5: Traveling Expenses
A.p.67 Per Diem
1.Domestic per diem is $2.85 per hour of actual TAFB, prorated on a minute by minute basis. On the first day of the July 2028 bid period, the domestic per diem shall increase to $3.00 per hour of actual TAFB, prorated on a minute by minute basis.
2.International per diem is $3.85 per hour of actual TAFB, prorated on a minute by minute basis. On the first day of the July 2028 bid period, the international per diem shall increase to $4.05 per hour of actual TAFB, prorated on a minute by minute basis.
3.A pilot on a trip that includes one or more legal rest periods shall receive the applicable per diem to offset the cost of meals, laundry, and incidental expenses.
4.A pilot assigned base hotel standby shall receive the applicable per diem for the duration of such standby.
5.A pilot who is away from the pilot’s base on Company assigned non-flying duty, including training, shall be paid per diem for all hours during which the pilot is away from the pilot’s base for such duty including travel to and from the pilot’s duty. When this duty is performed within the contiguous 48 states, the per diem shall be paid at the domestic rate; when this duty is performed outside the contiguous 48 states, the per diem shall be paid at the international rate. This per diem shall be paid by submission of a pay log.
6.Except as provided in Section 8.C.3.e., per diem shall be paid to a pilot who deviates as if the pilot had flown the trip as scheduled.
7.The Company shall reimburse a pilot for authorized reasonable expenses not covered by Section 5.A.3. through A.6. (e.g., authorized transportation, non-contract hotels, reasonable baggage charges) incurred while on a trip or on Company business away from the pilot’s base. The Company issued travel card, if accepted, shall be used to pay for these authorized expenses. An expense report shall be submitted within one bid period to document expenses incurred during the preceding bid period. Following the pilot’s expense report submission:
a.The Company shall automatically notify the pilot that the submission has been received along with the deadline for submitting receipts.
b.After the Company identifies an expense report discrepancy, the Company shall:
i.Notify the pilot of the need to remedy the discrepancy. The notification shall specify:
(a)p.68 the receipt(s) that is missing or incomplete;
(b)the applicable dollar amount(s); and
(c)the deadline for submission of the applicable receipt(s).
ii.Notify the pilot a second time, if still unremedied, at least 7 days after the notification described in Section 5.A.7.b.i.; and
iii.Prior to initiating a payroll deduction, notify the pilot of the impending payroll deduction, if still unremedied, at least 7 days after the notification described in Section 5.A.7.b.ii.; and
(a)The pilot shall have 14 days following this notification to remedy the discrepancy (i.e., avoid the payroll deduction); and
(b)This notificati on shall be required regardless of the applicable expense report or receipt deadline.
8.Per diem based on flying activities shall be paid to pilots in the first paycheck in the bid period immediately following the bid period in which the per diem was earned; provided however, that all per diem for a carryover trip shall be paid:
a.on the 15th of the month in which the carryover trip terminated if the trip terminated before the edit cycle began for that month; or
b.on the 15th of the following month if the trip terminated after the edit cycle began.
B.Hotels and Rest Facilities
1.The Company shall provide a pilot a single occupancy hotel room in the following circumstances:
a.between 2 consecutive flights within a trip containing an intermediate stop scheduled to exceed 4 hours.
b.at a pilot’s election, if, due to operational circumstances, the pilot is projected to experience an actual intermediate stop, from block-in to block-out, that is in excess of 4 hours.
c.while on hotel standby.
d.while away from the pilot’s base for training or other Company assigned non-flying duty requiring an overnight stay.
e.during any legal rest period away from the pilot’s domicile.
f.at the conclusion of the revenue portion of a trip, at the pilot’s election, when the final duty period of that trip exceeds 10 hours and the pilot is scheduled to deadhead by air to the pilot’s base as the concluding segment of the trip.
i.The room shall be located in the city in which the revenue portion of the trip terminates and the deadhead is scheduled to originate.
ii.p.69 The pilot is responsible for maintaining the pilot’s eligibility and legality for a subsequent assignment.
iii.Unless operational circumstances preclude it, CRS shall assist the pilot in making the pilot’s reservation at the contract hotel, or, if unavailable, at another comparable hotel in the same city.
iv.Deviation from scheduled deadhead procedures as referenced in Section 8.C.1.h. (End of Trip Deviation) shall be followed.
g.At the conclusion of a trip at domicile when the trip was scheduled with a layover(s) and is rescheduled as follows:
i.the trip has no layover; and
ii.the duty time for the trip as rescheduled exceeds 9 hours.
h.For hotel rooms required under Section 5.B.1.a. and 5.B.1.b. only, if an intermediate stop, measured from block-in to block-out, is less than 5 hours and the stop occurs during the night or critical duty period (or during a domestic duty period at the Memphis or Indianapolis hub sort facility), the Company may substitute a sleep room in the hub sort facility for a hotel room; provided, however, that the Company has sleep rooms available in the hub sort facility for all pilots transiting the hub sort facility with an intermediate stop of 2:30 hours or more (from block-in to block-out).
2.If a routinely scheduled intermediate stop is scheduled to exceed 2 hours, a suitable rest/break facility shall be provided, except where it is not operationally feasible and it shall meet the following parameters:
a.clean and sanitary;
b.appropriately climate and light controlled;
c.adequate comfortable seating with at least 3 recliners;
d.access to refreshments and snacks;
e.clean, sanitary washrooms with hot and cold running water and toilet facilities; and
f.Private space useable for expressing breast milk (i.e., no one can see inside the space and no one is able to enter the space while it is being used).
g.In selecting locations for pilot rest/break facilities, in order to promote the best practicable rest opportunities, preference shall be given to locations that are segregated from disturbances (e.g., excessive foot traffic, operational activities, etc.)
h.The Company’s Fatigue Risk Management Group, with input from the Data Collection Steering Committee, will provide oversight concerning the Company’s compliance with these parameters.
3.p.70 Hotel Criteria, Selection, and Maintenance
a.Joint Hotel Criteria List
In order to ensure facilities permit pilots to receive adequate rest and offer an acceptable range of services while at the same time providing the Company with a good and predictable value, the Company and ALPA will jointly develop and maintain a list of criteria for hotel facilities (Joint Hotel Criteria List). At a minimum, the following criteria shall be included in the Joint Hotel Criteria List and shall be prioritized above all other agreed to criteria:
i.Safe, secure, clean, and quiet non-smoking rooms. Pilots who smoke in designated non-smoking rooms shall be responsible for room cleaning expenses charged by the hotel, if any;
ii.24 hour room service or restaurant availability, or transportation to a dining facility;
iii.Access to exercise facilities, whether on-site, or by arrangement with nearby facilities;
iv.Free in-room high speed wireless internet access; and
v.Adequate in-room environmental controls (e.g., heating, air, and blackout shades).
vi.For a scheduled layover of 12 hours or more, locations more distant from the airport with amenities close to the hotel such as dining, recreation and shopping.
b.Approved Hotel List
The Company and ALPA will jointly create, approve, and maintain a list of acceptable hotels (Approved Hotel List). The Company is required to use the hotels on the Approved Hotel List unless there is not enough availability for a crew at any listed hotel in that location.
i.If the Company plans changes to the Approved Hotel List, the Company shall notify the MEC Trip Services Committee of that planned change, including the planned effective date. Unless precluded by unforeseen circumstances, notice shall be provided at least 30 days prior to the effective date.
ii.If the parties fail to reach agreement on the planned change, the Association may notify the Vice President, Flight Operations, as provided in Section 5.B.3.d.ii.
c.Meetings
The Company and the MEC Trip Services Committee shall meet at least quarterly, and at other mutually agreeable times, to evaluate the adequacy of current hotels, and discuss any proposed p.71 changes to the Approved Hotel List. The meeting shall include a discussion of hotels with a “hotel of concern” designation, including whether such designation should remain.
d.Addressing Concerns/Problems
i.The Company shall promptly investigate complaints from the MEC Trip Services Committee relating to service at any facility. If the investigation reveals a deterioration of service below those criteria included in the Joint Hotel Criteria List, the Company shall take appropriate action to remedy the reported problem or seek alternate facilities. The Company shall advise the MEC Trip Services Committee of its findings and any corrective action taken.
ii.Should the Company and the MEC Trip Services Committee fail to resolve or address concerns/problems experienced by pilots about the quality or performance of a particular present or proposed hotel to the satisfaction of the MEC Trip Services Committee as described above, the MEC Chairman may elect to notify the Vice President, Flight Operations concerning the issue(s). The notification shall be in writing and shall state the unresolved concerns/problems and the Association’s position. Upon receipt, the Vice President, Flight Operations shall promptly have the stated unresolved concerns/ problems investigated. Within 30 days following receipt of the notification, the Vice President, Flight Operations shall meet with the MEC Chairman to review the results of the investigation and discuss options for dealing with the unresolved concerns/problems. Following the meeting, the Vice President, Flight Operations shall advise the MEC Chairman within 15 business days in writing of what actions, if any, the Company shall take to address the presented concerns. If the decision is unsatisfactory to the Association, the hotel shall be designated a “hotel of concern.”
4.The Company shall pay for a pilot’s hotel room, tax, access charges related to phone calls (local and long distance), and business related telephone calls via a direct billing system. In the event a pilot needs to use the Company credit card, the Company will provide the pilot a method by which the Company can obtain the receipt/folio from the hotel directly whenever possible. All other incidental charges shall be paid by the pilot when checking out. Should pilots routinely experience hotel stays requiring use of Company credit card, the parties will meet to discuss an alternative solution so as to avoid the need for submission of hotel folios/receipts and associated payroll deductions.
5.p.72 The Company shall maintain the Approved Hotel List that shall be available electronically to pilots. This list shall include the facility name, “hotel of concern” designation, telephone number, scheduled pick up time prior to departure and ground transportation vendor information.
6.A pilot shall cancel any scheduled hotel rooms the pilot does not intend to use. Credit for the cancelation shall be as provided in Section 8.C.2.h. If, having canceled the pilot’s hotel room, a pilot’s personal plans change and the pilot needs a hotel room as originally scheduled, the pilot may either re-book the pilot’s original hotel room, or if unavailable, obtain a hotel room in the same city and be reimbursed for such room up to the contract hotel rate. CRS shall re-book the pilot’s room (subject to availability), at that city’s contract hotels only, when Company schedule changes or operational delays are the reason for the pilot’s change of plans. If the pilot stays in a hotel room, as provided in this paragraph, other than after a revenue trip, the pilot shall notify CRS of the pilot’s contact numbers. This hotel room shall be paid for using the Company issued Travel Card, unless CRS advises the pilot of a direct billing arrangement at a contract hotel. This hotel room shall not be charged to the pilot’s deviation bank, and shall be documented by the submission of an expense report.
7.If the Company becomes aware of circumstances at a hotel property that could preclude pilots from receiving adequate rest (e.g., public demonstration, labor actions), the Company shall attempt to minimize or eliminate the potential disruption (e.g., by relocating pilots, etc.).
C.Transportation
The Company shall arrange safe and secure transportation at no cost to the pilot to and from all accommodations required in this Section. Transportation to a hotel shall be made available within 30 minutes of block-in.
D.Alternate Accommodations or Transportation
1.If crew accommodations (as described in Section 5.B.), have not previously been made, a pilot shall contact CRS to obtain accommodations. If reservations have not been made, at the pilot’s option, the pilot may obtain comparable accommodations at the lowest rate available at the time the reservation is made. If these accommodations cannot be direct billed, pilots are authorized to charge these expenses as provided in Section 5.A.7.
2.If transportation required under Section 5.C. is not provided within 30 minutes after block-in, the crew is authorized to obtain transportation and to charge these expenses as provided in Section 5.A.7. If the scheduled transportation from the layover location to the departure airport is not available in time to prevent a departure delay, the crew shall use their best efforts to obtain transportation as provided in Section 5.A.7.
E.p.73 Catering
1.Catering for duty periods within a trip shall be provided as follows:
a.Domestic Duty Periods and Trips Scheduled to Domestic Parameters (pursuant to Section 12.D.1.b. and c.)
i.All duty periods shall receive at least a mini-snack. Mini-snack contents shall be developed and revised in consultation with the MEC Trip Services Committee subject to Section 5.E.6.
ii.Duty periods between 5:30 and 7:29 hours shall receive a snack.
iii.Duty periods between 7:30 and 11:29 hours shall receive 1 meal service.
iv.Duty periods in excess of 11:29 hours shall receive 1 meal and 1 snack.
v.Domestic flights shall be catered at the point of origin.
vi.Hot meal service is not required on domestic flights.
vii.Domestic flights shall not be delayed for catering.
viii.If catering is not delivered by departure time, CRS will attempt to arrange catering down line. If catering required under Section 5.E.1.a.ii., iii., or iv. is not delivered down line, the pilot entitled to such catering shall be eligible to expense a meal for up to $25 upon arrival at the layover city. The pilot shall submit an online Pilot Ops Report (POR), or successor system, regarding the catering failure and attach a copy of such POR to the pilot’s expense report in order to secure reimbursement.
ix.Jumpseaters will not be catered domestically, except as provided in Section 5.E.1.e.
x.On international trips scheduled to domestic parameters (pursuant to Section 12.D.1.b. and c.), menu selection shall be provided when available.
b.International Duty Periods
i.All duty periods shall receive at least a mini-snack. Duty periods between 5:30 and 7:29 hours shall receive a snack.
ii.Duty periods between 7:30 and 9:00 hours shall receive 1 meal service.
iii.Duty periods in excess of 9:00 hours shall receive 2 meals. One meal shall be hot if the scheduled aircraft is equipped with an oven. ULR duty periods shall receive three meals. Menu selection shall be provided when available.
iv.An International flight shall not be delayed for catering if it is scheduled for snack or mini-snack service only, or if it is p.74 scheduled to domestic parameters, as provided in Section 12.D.1.b. and 12.D.1.c.
v.Jumpseaters will be provided one meal on flights where the crew is provided meal service. Generally, meal selection is not available for jumpseaters, however, deviating crewmembers are entitled to meal selection, provided they are both confirmed on the jumpseat and request meal selection at least 12 hours before showtime of the flight. International flights shall never be delayed waiting for jumpseater catering.
vi.Menu selection forms will be provided for formalizing crew requests.
vii.All international flights are catered at the point of origin.
viii.For purposes of catering parameters, Canada, Mexico, and Puerto Rico will be considered international locations.
c.If a pilot’s domestic flight sequence otherwise entitled only to a mini-snack (Section 5.E.1.a.i.) blocks out between 0500 and 0830, such flight sequence shall receive a breakfast snack instead of a mini-snack.
d.[Reserved]
e.If a flight is scheduled to be catered, all Company scheduled deadheading pilots on that flight shall also be catered.
f.If a pilot on airport standby is assigned a flight, a snack shall be catered for the pilot, regardless of whether the flight would otherwise be eligible for catering.
g.If a pilot on hotel standby is assigned a flight with a report time less than 1:30 from time of notification, the pilot shall receive a mini-snack at the point of origin.
2.Flights originating from any base, EWR or AFW shall be catered with hot coffee and at least 1 ice chest containing ice, water and an assortment of juices and sodas. Flights originating from other stations shall be catered with hot coffee, ice and water. All required drinks, including coffee, shall be placed on the aircraft by ground personnel.
3.When operational circumstances warrant (e.g., hub malfunctions, weather or aircraft maintenance delays, etc.), a Captain operating a flight not scheduled for catering may request that catering be provided. These requests shall not be unreasonably denied.
4.When combined in the same duty period with Company assigned flying, deadhead travel time (air or ground) shall be included in applying the catering provisions contained in Section 5.E.1.a. and E.1.b. Travel from airport to hotel is not deadhead by surface transportation deadhead (unless the arrival city and the next departure city are different, in which case it may be deadhead by surface transportation).
5.p.75 If the Company is required to provide catering, and the location has no FDA-approved inflight kitchen (i.e., it is a “NOCAT” city), the pilot shall, upon submission of an online expense report identifying the NOCAT city, be entitled to $25 for each occurrence, in lieu of catering. NOCAT cities shall be designated in the bid period package.
6.The Vice President, Flight Operations, or designee, shall make arrangements for the catering required by this Section. The Company shall meet quarterly with the MEC Trip Services Committee to review catering and discuss possible modifications (e.g., composition and/or quality of mini-snack, snack, meal selections, etc.). Should the Company and the MEC Trip Services Committee fail to resolve or address concerns/problems to the satisfaction of the MEC Trip Services Committee, ALPA may elect to use the process outlined in Section 5.B.3.d.ii. Additionally, the Association shall have the ability to meet with the Vice President, Flight Operations, or designee, at mutually agreeable times and locations regarding catering concerns.
F.Parking
The Company shall provide each pilot with a parking space in the pilot’s domicile (or base in case of an FDA base). If a pilot does not live at the pilot’s domicile (or base in case of an FDA base), the pilot may request a parking space at the Company airport facility, subject to availability and approval (For information regarding the parking allowance as a deviation expense, see Section 8.C.3.f.).
G.[Reserved]
H.FDA Expenses
The following additional provisions shall apply to a pilot holding an FDA assignment:
1.[Reserved]
2.A pilot may book one round trip business jumpseat during each quarter between the FDA location and any other location designated by the pilot.
I.Lost and Damaged Baggage
In case luggage (including the contents of the luggage) is lost or damaged on a commercial flight, the pilot shall first file a claim with the airline following the airline’s policy for luggage claims. If the airline denies the claim, or portion thereof, because the ticket was not a privately purchased full fare ticket, the pilot should submit airline documentation to the pilot’s Fleet Captain with a claim for the difference between what the airline would have paid a full fare passenger and what the airline actually paid for the claim. The Company shall pay this difference.
Section 6: Relocation Expenses
A.p.77 General Eligibility Criteria
Except as otherwise provided in this Section, the Company shall provide relocation benefits in accordance with the schedule below:
1.Domicile Closure
A pilot whose permanent domicile is closed shall be eligible for a relocation package #1, as described in Section 6.C.
In the event that the ANC domicile is closed, the residency and time-increw position requirements for a return move pursuant to the Special Provisions Related to Anchorage Domicile Moves for Pilots LOA (ANC Moves LOA) shall be waived if the domicile closure was the reason the residency and time-in-crew position requirements were not satisfied by the pilot.
2.Assignment
A pilot who is assigned to a new crew position, as that term is defined in Section 24, shall be eligible for a relocation package #1; provided, however, that:
a.A pilot currently activated in an FDA crew position who is assigned to a new crew position in a different FDA or a non-FDA crew position shall be eligible for a relocation package #2, as described in Section 6.D.
b.A pilot who is assigned from a crew position into which the pilot never activated and to a crew position in the same geographic location as the base associated with the pilot’s current crew position will not be eligible for the relocation benefits described in this paragraph.
c.The application of this paragraph shall not result in a relocation package for a new hire pilot.
3.Stand In Bid Award
A pilot who is awarded a new crew position pursuant to a “stand in” bid pursuant to Section 24.C.2.b. and 24.C.2.c.i.(b) shall be eligible for a relocation package #1; provided, however, that a pilot currently activated in an FDA crew position who is awarded a crew position in a different FDA pursuant to a stand in bid shall be eligible for a relocation package #2, subject to Section 6.A.7. and E.
4.New Domicile
A domicile shall remain a new domicile for a period of 12 months commencing with the activation of the first pilot assigned to that domicile, subject to Section 6.A.7. (establishment of an FDA). A pilot who is p.78 awarded a crew position at a new domicile shall be eligible for a relocation package #2, except as provided in Section 6.A.2. and A.3.
5.Different Domicile When Returning From Furlough
A pilot recalled from furlough to active service as a pilot to a domicile in a different geographic location than the domicile to which the pilot was last previously awarded/assigned, shall be eligible for relocation package #2.
6.Return From Leave of Absence
A pilot returning from a leave of absence who would have been eligible for a relocation package but for the pilot’s being on leave of absence, shall be afforded an opportunity to relocate and receive the applicable relocation package. In no event shall a pilot be entitled to more than one relocation package upon the pilot’s return from a leave of absence.
7.Foreign Duty Assignments (FDA)
A pilot going to or returning from an FDA location shall be eligible for relocation benefits in accordance with Section 6.E., subject to the provisions in Paragraph C.1. of the Letter of Agreement concerning Foreign Duty Assignments in the EMEA and HKG (FDA LOA) for pilots based in the HKG or EMEA FDAs. The establishment of Memphis (MEM) as the permanent domicile for all pilots on an FDA shall not constitute the establishment of a new domicile for purposes of Section 6 and a pilot shall not become eligible for relocation benefits on the basis of the pilot’s MEM FDA domicile.
8.Eligibility For Benefits Prior To Activation
A pilot may receive relocation benefits prior to being activated into the pilot’s new crew position, but shall reimburse the Company for expenditures related to the pilot’s relocation if the pilot is not activated into the pilot’s new crew position for reasons other than death, or if the pilot does not activate within 18 months following the Company’s first expenditure on the pilot’s relocation.
Note: The Company currently requires, and may continue to require, the pilot to sign a confirmation letter concerning the pilot’s reimbursement obligations.
9.Crash Pad Eligibility
a.A pilot eligible for a relocation package may apply for and shall receive a relocation package #2.a. (i.e., crash pad move) as described in Section 6.D.2. or D.3.
b.Except as specifically provided otherwise, a pilot who receives a relocation package #2.a. shall be treated as if the pilot had received the full relocation package for which the pilot was eligible.
10.Anchorage based MD-11 pilots who received a Company paid relocation package to the ANC MD-11 domicile as a result of any posting prior p.79 to Posting 96-01, shall be provided with a Company paid relocation to their first domicile assignment subsequent to their assignment to the ANC MD-11 domicile. Such pilot is entitled to relocation package #2, in accordance with Paragraphs A., B., and C. of the ANC Moves LOA. In the case of retirement or resignation incident to retirement while assigned to the ANC domicile, the pilot shall be eligible to receive a relocation package #2 when leaving ANC, provided, however that:
a.Such pilot shall not be eligible for the relocation allowance described in Section 6.C.2.; and
b.the cost of transporting the pilot’s household goods shall be limited to the actual cost of transporting those goods to the pilot’s pre-ANC residence or pre-ANC domicile, whichever is less.
B.Limitations
1.First Crew Position
a.A newly hired pilot (other than a pilot awarded an FDA crew position or a pilot awarded/assigned an ANC crew position as the pilot’s first crew position) shall be eligible for the relocation package described in Section 6.D.4. upon activation in the pilot’s first crew position with the Company.
b.A newly hired pilot awarded an FDA crew position as the pilot’s first crew position shall be eligible for either the relocation package described in Section 6.E.1.c. (new hire assigned to FDA) or the Enhanced Option described in Paragraph C.2. of the FDA LOA upon activation in the pilot’s first crew position with the Company.
c.A newly hired pilot awarded/assigned an ANC crew position as the pilot’s first crew position shall be eligible for the relocation benefits described in the ANC Moves LOA upon activation in the pilot’s first crew position with the Company.
d.Basic Indoctrination and Initial New Hire Training are not considered a first crew position for purposes of this Section.
2.Distance Limitations
A pilot shall not be entitled to a move package unless:
a.the domicile (or base in the case of an FDA) to which the pilot is moving is more than 50 nautical miles from the pilot’s current domicile (or base in the case of an FDA); and
b.the permanent residence to which the pilot is moving is more than 50 nautical miles from the pilot’s current permanent residence; and
c.the domicile (or base in the case of an FDA) to which the pilot is moving is more than 50 nautical miles from the pilot’s current permanent residence; and
d.p.80 the residence to which the pilot is moving is within 100 nautical miles of the domicile (or base in the case of an FDA) to which the pilot is moving; and
e.the residence to which the pilot is moving is in the same country as the base.
3.Limitation Based On Location of Current Residence
The following limitations apply to a pilot eligible for a relocation package, and whose current permanent residence is not located within a radius of 100 nautical miles from the pilot’s current domicile (or base, in the case of an FDA) and who previously has received a Company relocation package as a pilot, which included a relocation allowance:
a.The cost of transporting the pilot’s household goods shall be limited to the lesser of:
i.the actual cost of transporting those goods from the pilot’s current permanent residence; or
ii.the cost of transporting those goods from the pilot’s current domicile (or base, in the case of an FDA).
b.The cost of any air transportation benefits for housing searches for the pilot and/or the pilot’s spouse pursuant to Section 6.C.12., shall be limited to the lesser of:
i.the actual cost of the airline travel from the pilot’s permanent residence, or
ii.the cost of air transportation from the pilot’s current domicile.
c.Any cost for the transportation of household goods that is the responsibility of the pilot pursuant to Section 6.B.3.a., shall be paid by the pilot to the commercial carrier at the time those goods are transported, and shall not be billed to the Company.
4.Package #1, 12 Month Limitation
A pilot shall reimburse the Company for 100% of the allowance specified in Section 6.C.2., that was paid under the relocation package #1 if the pilot:
a.receives a relocation package #1; and
b.subsequently bids and is awarded a new crew position for which the pilot begins training for or base transfers to within the period of 12 months following the pilot’s activation into the pilot’s current crew position; and
c.is not entitled to a relocation package for the pilot’s new crew position; and
d.is not covered by Section 6.B.5.
5.p.81 Ineligibility For Relocation In Multiple Stand In Bid Award Situations
A pilot shall not be eligible for a relocation package in conjunction with a subsequent award to a new crew position pursuant to a Stand In Bid Award if the pilot:
a.receives a relocation package in accordance with Section 6.A.3.; and
b.is subsequently awarded another new crew position pursuant to a Stand In Bid Award; and
c.begins training for or base transfers to the pilot’s new crew position (awarded as a Stand In Bid Award) within 12 months following completion of the pilot’s prior relocation.
6.Package #2, 18 Month Limitation
a.A pilot shall reimburse relocation expenditures paid by the Company for the pilot’s relocation package #2, if the pilot:
i.receives a relocation package #2 pursuant to Section 6.A.4. (New Domicile); and
ii.subsequently bids and is awarded a crew position for which the pilot begins training, or to which the pilot base transfers, within the period of 18 months following the pilot’s activation into the pilot’s current crew position; and
iii.the pilot is not eligible for a relocation package for the pilot’s new crew position.
b.The reimbursement shall be prorated as described in Section 6.B.9. (Reimbursement Schedule). Expenditures incurred pursuant to Section 6.C.8. (Marketing Assistance) shall not be reimbursed.
7.Package #1 or #2, 18 Month Limitation
a.A pilot not covered by Section 6.B.4., B.5., or B.6. shall be required to reimburse relocation expenditures paid by the Company if:
i.within 18 months after completion of the pilot’s relocation, the pilot moves outside a radius of 100 nautical miles from the pilot’s domicile (or base, in the case of an FDA); or
ii.within 18 months after completion of the pilot’s relocation, the pilot leaves the Company, provided, however, that:
(a)a pilot who leaves the Company due to retirement or resignation incident to retirement shall not have any reimbursement obligation unless the pilot retired or resigned within 12 months after having completed the pilot’s relocation; and
(b)there shall be no reimbursement obligation by a pilot’s estate due to the pilot’s death.
b.p.82 The amount of reimbursement shall be prorated as described in Section 6.B.9. (Reimbursement Schedule). Expenditures incurred pursuant to Section 6.C.8. (Marketing Assistance) shall not be reimbursed. Reimbursement of expenses incurred pursuant to Section 6.C.12. shall be limited to the cost of airline tickets in excess of 2 round trips for the pilot and 2 round trips for the pilot’s spouse.
8.Failure To Complete Relocation
If a pilot fails to complete the pilot’s relocation within 18 months following the pilot’s activation or the Company’s first expenditure on the pilot’s relocation (at which time the pilot shall be notified of such expenditure by appropriate Company officials), whichever is earlier, the pilot shall reimburse the Company 100% of relocation expenditures paid by the Company, other than expenditures for benefits received pursuant to Section 6.C.8. (Marketing Assistance). Reimbursement of expenses incurred pursuant to Section 6.C.12., shall be limited to the cost of airline tickets in excess of 2 round trips for the pilot and 2 round trips for the pilot’s spouse.
9.Reimbursement Schedule
A pilot who is required to reimburse the Company for relocation expenses as provided in Section 6.B.6. and B.7. shall reimburse the Company on a prorated basis in accordance with the following schedule:
| Time When Obligation to Reimburse Arises | Percentage of Relocation Benefits Reimbursable |
|---|---|
| before completion of the 12th month of the applicable time frame | 100% |
| during the 13th month of the applicable time frame | 33% |
| during the 14th month of the applicable time frame | 28% |
| during the 15th month of the applicable time frame | 22% |
| during the 16th month of the applicable time frame | 17% |
| during the 17th month of the applicable time frame | 11% |
| during the 18th month of the applicable time frame | 6% |
10.p.83 Additional Benefits Withheld While Reimbursement Pending
Relocation benefits to which a pilot is entitled may be withheld pending the pilot’s full reimbursement of amounts that the pilot is obligated to reimburse in accordance with Section 6.B.4., B.6., B.7., or B.8., with respect to a prior relocation. Application of this paragraph shall not extend the period during which a pilot must complete the pilot’s relocation, as provided in Section 6.B.8.
11.Relocation to Property Already Owned by Pilot
If the residence to which the pilot is moving is already the property of the pilot, the pilot shall not be entitled to a relocation allowance or the benefits provided in Section 6.C.12. (air transportation for housing searches). This paragraph shall not prevent a pilot, who is otherwise eligible for a relocation allowance as part of a return move from an FDA, from receiving such allowance.
12.First Crew Position Package, 36 Month Limitation
A pilot shall reimburse the Company for 100% of the relocation costs paid by the Company pursuant to Section 6.D.4. if the pilot subsequently is awarded a new crew position (in a different geographic location) for which the pilot is awarded a training slot or base transfer date that is within the period of 36 months following the completion of the pilot’s relocation to the pilot’s first base.
C.Relocation Package #1
Relocation package #1 shall include the following:
1.Household Goods
a.The Company shall transport (using a qualified commercial carrier selected by the Company) the household goods of the pilot and the pilot’s immediate family to the pilot’s new permanent residence. The Company shall make best efforts to ensure that the household goods are delivered to the pilot’s new permanent residence within 30 days following the receipt of the household goods for shipment.
If the household goods have not been delivered within 45 days following the receipt of the household goods for shipment, the pilot shall be entitled to reimbursement for reasonable expenses occasioned by the delayed shipment, (e.g., rental charges for basic household goods). The pilot shall not be entitled to reimbursement for reasonable expenses occasioned by the delayed shipment to the extent that the pilot’s actions caused the delay of the shipment. A pilot shall coordinate with Human Resources, AOD, to arrange for reimbursement under this paragraph.
p.84 The Company shall pay for the shipment of household goods (inclusive of packaging materials, but not including any automobiles) up to 16,500 lbs.
i.Payment for any excess weight over the applicable weight limits contained in Section 6 shall be the sole responsibility of the pilot and shall be paid at the time of the move.
ii.For all shipments of household goods by air covered by Section 6, the pilot shall be responsible for the cost of shipping any excess dimensional weight if the dimensional weight exceeds both the actual weight and the maximum weight allowance (e.g., 16,500 for package 1). The dimensional weight for shipments by air transportation is calculated by multiplying the actual volume of the shipment (in cu. ft.) by 4.0 lbs./cu. ft.
b.The Company will not pay for the shipment of any household goods prohibited by applicable governmental regulations from being shipped by commercial carrier or by applicable guidelines of the Company’s contracted commercial carrier, high value items (e.g., arcade games, jukeboxes, jewelry, family heirlooms, antiques, coins, stamps, china of great value, paintings, photographs, slides, etc.), or other unreasonable transportation and/or packaging expenses.
c.Even if offered by the Company’s contracted commercial carrier, the Company will not pay for the following services: piano tuning, dismantling and setting up swing sets/playground equipment, draining/refilling of water beds and/or aquariums, disconnecting and reconnecting audio/visual equipment, or storage of automobile(s). If the carrier offers such services, the pilot may make such arrangements with the carrier at the pilot’s own expense.
2.Relocation Allowance
In order to help defray the cost of relocation, an eligible relocating pilot shall be paid a relocation allowance of $10,000, or 79 credit hours (CH) multiplied by the pilot’s new hourly rate of pay, whichever is greater, subject to the following:
a.Twenty-five per cent (25%) of the relocation allowance shall be forwarded to the pilot after receipt and approval of the relocation request form. The allowance shall not be issued more than 30 days prior to the pilot’s activation date.
b.Another twenty-five per cent (25%) shall be forwarded to the pilot after verification by the Company’s transportation department of the relocation of the household goods of the pilot and the pilot’s immediate family to the pilot’s residence address within the 100 nautical mile radius of the pilot’s new domicile.
c.p.85 The final fifty per cent (50%) payment shall be forwarded to the pilot upon verification of the pilot’s having completed all aspects of the move, provided the move is made within the time limits (or authorized exceptions thereto) specified in this Section.
d.If a pilot’s spouse is an employee of the Company and both are eligible for a Company relocation allowance, only the greater of the 2 allowances shall be paid.
3.Insurance for replacement cost of furnishings up to $250,000.
4.Maximum of 90 days of temporary storage.
5.Reimbursement of rental fee for truck/trailer and fuel when pilot moves himself, in lieu of being moved by commercial carrier. Original receipts must be submitted to the Company within 60 days of incurring the expenses in order to be eligible for reimbursement.
6.Movement of household goods shall include transportation of one automobile if the move is more than 750 miles except that two automobiles may be moved to U.S. domiciles outside the contiguous 48 states.
7.One pickup at current residence and one delivery at new residence.
8.Marketing Assistance
The purpose of marketing assistance is to provide an estimate of the property value and to facilitate sale of the pilot’s primary residence. The pilot must own the home from which the pilot is moving and for which this assistance is provided. This benefit must be used before initiation of the third party home purchase plan. Marketing assistance includes the following:
a.Counseling on home sale issues with a marketing assistance expert.
b.Assignment of a sales associate for the pilot.
c.Inspection of the property by the sales associate.
d.Completion of a detailed marketing analysis by the sales associate.
e.Review of the analysis with the pilot to determine a list price.
9.Reimbursement of Costs Associated with Sale of Current Residence.
Sale of residence must occur within 18 months of the pilot’s activation. The residence sold must be the permanent residence of the pilot and the pilot’s immediate family. A pilot must provide to the Relocation Department a signed copy of the settlement statement within 18 months of the pilot’s activation date. The property must be a single family dwelling or individually owned condominium or cooperative. The sale of residence benefits are limited to the following:
a.p.86 Realtor’s commission not to exceed 6 percent of the sale price of the residence, unless a higher percentage is authorized by the designated Company official, based on prevailing market conditions.
b.Title search and title insurance.
c.Abstract continuation fees.
d.Reasonable attorney fees excluding fees for correcting title defects, etc.
e.Escrow agent settlement fee, not to include monies placed in escrow.
f.Deed preparation fee.
g.Notary fee.
h.Legally required inspection fee and termite inspection (not treatment).
i.Transfer tax, document stamps and recording fees.
j.One appraisal fee if legally required.
k.Loan transfer fees.
l.Maximum of $2,500 in discount points if required (Veteran loan).
10.Reimbursement of Costs Associated with the Purchase of New Permanent Residence.
The purchase must be made within 18 months of the pilot’s activation date. The residence purchased must be the permanent residence of the pilot and the pilot’s immediate family and must be a single family dwelling or individually owned condominium or cooperative. The pilot shall furnish the Relocation Department with a signed copy of the settlement statement within 18 months following the pilot’s activation date. Reimbursable costs do not include property taxes, interest, hazard insurance or mortgage insurance. This provision does not apply to mobile homes or boats. The purchase of residence benefit is limited to the following:
a.Reimbursement of reasonable attorney fees related to the sale and closing of a new residence, but not to include payment of attorney fees for alleged breaches of a contract to purchase same.
b.Reimbursement of 1 appraisal fee.
c.Reimbursement of credit report fee.
d.Reimbursement of title insurance (this does not include optional coverage).
e.Reimbursement of loan application/origination/assumption fee, up to 1% of loan amount.
f.Reimbursement of loan commitment fee.
g.p.87 Reimbursement of notary fee.
h.Reimbursement of document preparation fee.
i.Reimbursement of discount points with a $3,000 maximum.
j.Reimbursement of tax service fee.
k.Reimbursement of amortization schedule.
l.Reimbursement of VA funding fee.
m.Reimbursement of federal and local transfer fees, stamps and recording fees.
n.Reimbursement of applicable survey fees.
o.Reimbursement of lender’s inspection fee.
p.Reimbursement of reasonable inspection fees including fees for the detection of radon.
11.Third Party Home Purchase Plan.
a.This benefit is provided to assist a pilot in the sale of the pilot’s current residence. A pilot is required to use the marketing assistance program before this benefit is utilized. A pilot must request the third party purchase plan within 4 months of the pilot’s activation date. The property must be a single family dwelling or a condominium, located in the United States, which the pilot owns and which is the pilot’s permanent residence, and which is not a mobile home or boat. The property must not contain unacceptable levels of radon gas (EPA guidelines used). The Company shall reasonably determine the eligibility of the property to be purchased for purposes of the application of this paragraph.
b.This plan shall provide two independent, professional appraisals to determine the current market value of the property, which shall become the purchase price of the home. Current market value shall be determined by averaging the two appraisals. If, however, the two appraisals differ by more than 5% of the lower appraisal, the third party relocation company shall obtain a third appraisal and market value shall then be determined by averaging the two closest appraisals. The appraisers shall be selected by the pilot from a list of five provided by the Company. Fewer appraisers may be listed in the event that less than five certified appraisers are available in a particular real estate market. The Company shall notify the pilot of the purchase amount, and the pilot shall have 45 days from notification to accept the purchase price. If the pilot accepts that price, the third party company shall purchase the residence at the values established herein and handle all paperwork related to the closing. The pilot and the pilot’s immediate family must be prepared to vacate their residence within 60 days after accepting the offer.
i.A pilot may not sign a real estate listing agreement without first advising the Relocation Department.
ii.Synthetic stucco homes are ineligible for third party home purchase.
iii.Except when specifically waived by the Company, the Company will not pay more than 1.25 million dollars for a home under the third party home purchase program.
iv.Homes in which a part is used for commercial (non-residential) purposes.
v.Historical home sites.
vi.Cooperative homes.
vii.Homes in such poor condition that appraisers, realtors, and other service providers refuse the assignment.
viii.Residences that are not complete.
ix.Residences that contain Imported Corrosive Drywall building materials.
d.Additional limitations for any home purchased by a pilot on or after November 2, 2015:
i.Farms (i.e., stock, dairy, poultry, and fruit farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards and woodlands).
ii.Homes with excessive acreage (i.e., homes situated on tracts of land with acreage that is non-conforming with surrounding and competing real estate).
iii.Homes subject to a Private Road Maintenance Agreement and/or with private road maintenance costs in excess of $5,000 per year. This does not include periodic assessments charged by a home owners’ association for private street maintenance expenses (e.g., assessments charged in a gated community for street repaving every 10 years or annual snow removal expenses, etc.).
Note: The pilot may be required to provide adequate proof of the purchase date of the pilot’s home (e.g., HUD-1 or mortgage agreement).
12.Air Transportation for Housing Searches and Relocation to Base
a.Air transportation for a pilot and the pilot’s spouse shall be provided to the pilot’s new base for housing searches and relocation to such base.
i.p.89 The Company shall establish a relocation air travel expense bank for each pilot entitled to relocation air travel authorized by Section 6.C.12.a. The value of the pilot’s relocation air travel expense bank shall be equal to the reference fare quote obtained by the Company’s travel vendor pursuant to Section 6.C.12.a.iii.
ii.A pilot shall submit the pilot’s request for relocation air travel to the Relocation Department at least 21 days prior to the requested travel date.
Note: The Company currently requires, and may continue to require, the pilot to submit a relocation air travel request form to the Relocation Department in order to access this benefit.
iii.Within 3 days of the Relocation Department’s receipt of the pilot’s request for air travel authorized by Section 6.C.12.a., the Company’s travel vendor shall obtain a fare quote (“reference fare quote”) for the total cost of economy class air travel for the pilot’s entire traveling party between the pilot’s currently assigned base and the pilot’s new base. The Company’s travel vendor shall transmit the reference fare quote electronically to the Company’s Relocation and Crew Travel Audit Departments and to the pilot.
iv.Within 3 days of the pilot’s request for air travel authorized by Section 6.C.12.a., the Company’s travel vendor shall also obtain a fare quote (“requested fare quote”) for the total cost of air travel for the pilot’s entire traveling party on the requested itinerary. The Company’s travel vendor shall transmit the requested fare quote electronically to the pilot, at which time the pilot may purchase tickets for the pilot’s requested itinerary (as quoted) or make alternative arrangements with the Company’s travel vendor.
v.If the pilot elects to travel on the “reference” itinerary, the pilot must purchase tickets from the Company’s travel vendor within 3 days of the pilot’s receipt of the reference fare quote.
vi.Any air travel expenses in excess of the balance of the pilot’s relocation air travel expense bank shall be remitted to the Company by payroll deduction, as provided in Section 3.E.1.a.vi., from the pay check on the 15th of the month following the pilot’s purchase of air travel tickets authorized by Section 6.C.12.a.
vii.If a pilot or the pilot’s jumpseat eligible spouse chooses to use Company jumpseats (in lieu of or in combination with relocation air travel tickets purchased through the Company’s travel p.90 vendor), the pilot’s jumpseat booking priority shall be business or an equivalent booking status.
b.A pilot shall be eligible for 7 round trips/14 one-way trips, including travel on Company jumpseats, at the pilot’s election (or any combination thereof) for housing searches/relocation to base, which the pilot may distribute among the pilot’s immediate family in any manner that will facilitate the housing search/relocation to the new base.
c.In the event that the pilot does not relocate to the pilot’s new base, the pilot shall reimburse the Company for any air transportation costs in accordance with Section 6.B.8.
13.Lease Cancellation Reimbursement
A pilot who incurs a lease cancellation penalty on the pilot’s residence shall be reimbursed for such penalty, up to a maximum of 6 months’ rent. The pilot shall provide the Relocation Department with a copy of the lease at the time the pilot submits a request for reimbursement. The leased or rented residence must be the pilot’s permanent residence. Cleaning fees and loss of deposit due to damage are not reimbursable.
14.Income tax gross up benefits as provided in the Personnel Policy and Procedure Manual (3-86) dated October 2003.
D.Relocation Packages #2 and #2.a.
1.Relocation package #2 includes all benefits associated with relocation package #1 with the exception of Section 6.C.9., C.10., C.11., C.12. and C.13.
2.Relocation package #2.a. consists only of the movement of the household goods of the pilot and the pilot’s immediate family, as described and limited in Section 6.C.1. A pilot who fails to complete a relocation and is required to reimburse the Company package #2.a., shall do so in accordance with Section 6.B.9. (Reimbursement Schedule). A pilot who receives a relocation package #2.a. is not required to change the pilot’s permanent residence or relocate the pilot’s immediate family. A pilot who is eligible for a relocation package #1 or #2 may elect a relocation package #2.a. in lieu thereof.
3.An eligible pilot who chooses not to move the pilot’s household goods under a relocation package #2.a. but who nevertheless establishes a secondary home or apartment (a “crash pad”) within 30 miles of the pilot’s domicile/base, may apply for and shall receive an allowance of 16 CH, except that an FDA crash pad move shall receive an allowance of 32 CH multiplied by the pilot’s hourly rate of pay. In cases of special circumstances, a pilot may request that Human Resources, AOD approve a larger acceptable radius for the pilot’s crash pad. A pilot may apply for and shall receive this allowance following the pilot’s activation into the pilot’s new crew position and establishment of the crash pad.
p.91 If a pilot fails to provide documentation that the pilot has occupied the crash pad for a continuous period of 12 months, the pilot shall reimburse the Company 100% of the allowance paid by the Company.
4.First Crew Position
a.Upon activation in the pilot’s first crew position, a newly hired pilot (other than a pilot awarded an FDA crew position or awarded/assigned an ANC crew position as the pilot’s first crew position) shall be eligible for Relocation Package #2 (described above in Section 6.D.1.), excluding the relocation allowance described in Section 6.C.2.
b.For moves to bases within the contiguous 48 states other than Memphis (e.g. IND, LAX), the cost of moving the pilot’s household goods to the pilot’s first base shall be limited to the lesser of the cost of moving those goods from the pilot’s current residence or from Memphis. Any cost of moving the pilot’s household goods above this amount shall be the responsibility of the pilot and shall be paid by the pilot to the commercial carrier at the time of the move.
c.A newly hired pilot may elect to receive relocation benefits prior to being activated into the pilot’s first crew position in accordance with Section 6.A.8. (Eligibility for Benefits Prior to Activation).
E.Foreign Duty Assignment (FDA)
A pilot going to or returning from an FDA shall be eligible for relocation benefits as follows, subject to the provisions in Paragraph C.1. in the Letter of Agreement concerning Foreign Duty Assignments in the EMEA and HKG (FDA LOA) for pilots based in the HKG or EMEA FDAs.
1.Award/Assignment to an FDA
a.A pilot who has an assignment, as that term is defined in Section 24, to a new FDA crew position or a stand in bid award to a new FDA crew position shall receive a relocation package in accordance with Section 6.A.1., A.2. or A.3., as applicable. However, if the pilot receives a relocation package #1, the pilot shall not be entitled to the provisions of Section 6.C.10. (costs pertaining to purchase of new residence) or C.12. (air travel for housing searches).
b.A pilot awarded an FDA crew position shall be eligible for a relocation package #2 to that location except:
i.the cost of transporting that pilot’s household goods shall be limited to the lesser of:
(a)the actual cost of transporting those goods from the pilot’s current permanent residence; or
(b)the cost of transporting those goods from the pilot’s current domicile (or base in the case of an FDA); and
ii.p.92 Any cost for the transportation of the household goods of the pilot and the pilot’s immediate family that is the responsibility of the pilot pursuant to Section 6.E.1.b.i. shall be paid by the pilot to the commercial carrier at the time those goods are transported, and shall not be billed to the Company.
iii.This paragraph shall not apply to a pilot whose FDA assignment is the pilot’s first crew position, or a pilot described in Section 6.E.1.a.
c.A pilot awarded/assigned to an FDA as the pilot’s first crew position shall be eligible for the relocation package described in Section 6.E.1.b., excluding the relocation allowance described in Section 6.C.2. The pilot, however, shall be eligible for an allowance of $2,000. That allowance shall be payable upon the completion of the pilot’s probationary period, provided the pilot has not voluntarily bid out of the FDA prior to completion of the pilot’s probationary period. The cost of moving the household goods of the pilot and the pilot’s immediate family shall be limited to the lesser of the cost of moving those goods from the pilot’s current residence or from MEM.
d.A pilot may receive relocation benefits prior to being activated into the pilot’s new FDA crew position in accordance with Section 6.A.8. (Eligibility for Benefits Prior to Activation).
e.In addition to the relocation allowance provided in Section 6.C.2., a pilot, other than a pilot awarded/assigned to an FDA as the pilot’s first crew position, may be eligible for an FDA bonus as follows:
i.The amount of the bonus, if any, shall be determined by the Company after consultation with the Association.
ii.In no case shall an FDA bonus exceed $20,000 for each Captain or $15,000 for each First and Second Officer.
iii.The Company may condition a pilot’s eligibility to receive or retain the bonus on the pilot’s activation at the FDA location and/or the pilot’s service at the FDA location for a minimum period of time. In no case, however, shall the service requirement at any FDA exceed 4 years.
iv.If the Company and the Association disagree as to the amount of an FDA bonus, if any, the disagreement may be submitted for resolution to the System Board. The System Board shall lack jurisdiction to establish FDA bonuses in excess of the maximums established in Section 6.E.1.e.ii..
v.A pilot shall not be eligible for an additional FDA bonus as a result of a change of crew status within the same FDA location.
f.p.93 A pilot shall be eligible for a total of two round trip/four one-way economy class tickets, which the pilot may distribute among the pilot’s immediate family in any manner that will facilitate the housing search/relocation to the FDA. The Company shall be responsible for the cost of economy class air travel (with the itinerary and carrier selected by the Company’s designated travel group or department based on input from the pilot) from the pilot’s current residence to the FDA. If upgradeable and/or refundable economy class tickets are available on a routing between the pilot’s origin and destination and the cost of those tickets does not exceed the cost of non-refundable economy class tickets on that same routing by more than 25%, the Company shall purchase upgradeable and/ or refundable tickets. Travel request(s) shall be processed through the Relocation Department.
2.Leaving An FDA
a.Reimbursement Obligations
i.If a pilot receives a relocation package in accordance with Section 6.E.1. (Award/Assignment to an FDA), the pilot shall be subject to the reimbursement provisions of Section 6.B.6. through B.10.
ii.If a pilot receives a relocation package in accordance with Section 6.E.1., and subsequently receives a Stand In Bid Award to a crew position in a different FDA or a non-FDA crew position, the following shall apply:
(a)the pilot shall be subject to the provisions of Section 6.B.6., as if the pilot had received a relocation package for a new domicile.
(b)Section 6.B.6. shall apply notwithstanding the pilot’s entitlement to a relocation package for the pilot’s new crew position.
(c)If the number of pilots who are imminently subject to assignment pursuant to Section 24.C.2. exceeds the number of pilots who have been activated in the FDA position for 18 months or more, then this paragraph may be waived in seniority order for a number of pilots receiving a stand in bid award to a crew position in a different FDA or a non-FDA crew position not to exceed the difference between the number of pilots who are imminently subject to assignment pursuant to Section 24.C.2. and the number of pilots who have been activated in the FDA position for 18 months or more.
p.94 Example:
• 20 pilots in a crew position who are imminently subject to assignment pursuant to Section 24.C.2.c.i.(b)(2).
• 15 pilots in that crew position have been activated at FDA for 18 months or more.
• 8 pilots are awarded a new crew position pursuant to a stand in bid award, 2 of whom have been activated at the FDA for 18 months or more.
The 2 pilots who had been activated for 18 months or more have no obligation. Of the remaining 6 pilots, the reimbursement obligation is waived for the 5 most senior pilots. The least senior of those 6 pilots has an obligation under this paragraph.
b.Paid Relocation When Leaving FDA
i.A pilot who remains at the FDA location in the same crew position for a minimum of 3 years shall be eligible to receive a relocation package #2 when leaving the FDA location, provided the pilot relocates, at the pilot’s option, to:
(a)the pilot’s last domestic pre-FDA residence, or a different location involving no greater cost to the Company; or
(b)the pilot’s new base.
However, if the pilot upgrades to a new crew status at the same FDA location, the pilot’s 3 year commitment shall be increased by the period of time the pilot is unavailable for line flying due to the pilot’s training for the new crew status. If a pilot chooses a location which exceeds the cost to the Company described above, the pilot’s relocation benefit shall apply, provided the pilot pays the difference in cost.
ii.A pilot who is furloughed from an FDA, shall be eligible for relocation package #2, excluding the relocation allowance described in Section 6.C.2. or 6.E.1.c., provided the pilot relocates to the pilot’s last pre-FDA residence or to MEM, at the pilot’s option. If a furloughed pilot is recalled to an FDA base, the pilot shall be eligible for the relocation package provided in Section 6.E.1.c., excluding the FDA bonus, if any, provided in Section 6.E.1.e. However, the pilot shall be eligible for an allowance of $2,000. If the pilot recalled from furlough is still a probationary pilot, the original payment of that allowance shall continue to be deferred until completion of the pilot’s probationary p.95 period and no allowance shall be paid for the relocation back to an FDA location.
iii.Notwithstanding the provisions of Section 6.A.2. and A.3., a pilot who is assigned from an FDA, or who is awarded a new crew position pursuant to a stand in bid award, shall be eligible for a relocation package #2, subject to the provisions of Section 6.E.2.a.ii.
iv.A pilot who retires, resigns incident to retirement, or who is terminated (other than for an act involving drugs, violence, or moral turpitude, that would be felonious under either a U.S. statute or the State of Tennessee) shall be eligible for the movement of the pilot’s household goods, including one automobile, and one, one-way ticket for himself, and (if applicable), the pilot’s immediate family, back to the pilot’s last domestic pre-FDA residence or the pilot’s previous domestic base, at the pilot’s option. If a pilot fails to meet the eligibility standards due to the pilot’s termination, and the Company does not otherwise grant such, the pilot’s immediate family shall be provided the movement of their household goods, including one automobile, and each shall be provided the one-way ticket. The same restrictions that apply to other FDA move backs (e.g., time limitations and documentation requirements) apply to moves under this paragraph with time limits being measured from the date of the pilot’s termination.
3.Reimbursement Obligations
a.A pilot shall reimburse the Company for the relocation expenses incurred for the pilot’s prior relocation package if the pilot:
i.received a relocation package for the pilot’s current crew position (i.e., the pilot’s prior relocation package); and
ii.receives an FDA award for which the pilot begins training, or to which the pilot base transfers, within 18 months following the pilot’s activation into the pilot’s current crew position.
b.A pilot covered by Section 6.E.3. (this paragraph), shall reimburse the Company according to the proration schedule set forth in Section 6.B.9. The pilot shall also be subject to the provisions of Section 6.B.10. (withholding of relocation benefits).
4.Additional Weight Limitations
Notwithstanding the weight limits established in Section 6.C.1.a., transportation of household goods shall be limited as follows, with any excess weight determined in accordance with the provisions in Section 6.C.1.a.:
a.p.96 A pilot shall be eligible for 8,000 maximum allowable pounds for the pilot’s household goods plus one automobile.
b.The pilot shall be entitled to an additional 5,000 pounds for the first dependent that relocates to the FDA with the pilot and 1,500 pounds of household goods for each additional dependent that relocates to the FDA with the pilot.
c.The Company may limit the weight to be shipped by air to 3,000 pounds.
d.A pilot entitled to a paid relocation upon return from FDA as provided in Section 6.E.2.b., shall be entitled to an increase in the weight limit originally shipped of 10% per year of international residence not to exceed a total increase of 40% (subject to the chargeable weight limitation in Section 6.C.1.a.).
e.Notwithstanding the provisions of Section 6.E.4.a. through E.4.d., the weight limitation for a pilot leaving an FDA shall not be less than the amount originally shipped to the FDA plus the increase provided in Section 6.E.4.d.
f.The Company shall reimburse a pilot (if goods were stored by the pilot without the Company’s assistance) or pay the cost for the storage (if the goods were handled by the Company or its vendor) of a reasonable amount of household goods for the duration of the FDA assignment, plus 90 days. The payment of storage costs shall end if the pilot no longer holds a crew position at the FDA or if the pilot relocates outside the acceptable radius for that base (even if the pilot still holds a crew position at the FDA).
g.The Company shall allow up to three additional space-available personal shipments over the course of the FDA assignment from the storage facility to the residence at the FDA; provided, however, that one of the additional shipments (not to exceed 1,000 pounds) may be from a location other than the storage facility. Goods shipped from the storage facility must be goods that have been stored at that facility at the Company’s cost, whether directly, or by reimbursement to the pilot. Additional shipments may not exceed a total weight of 3,000 pounds, cumulative. Eligibility for the additional shipments commences on the first anniversary of the completion of the relocation to the FDA at 1,000 pounds with each additional 1,000 pounds accruing on the second and third anniversaries, respectively. In addition, the Company shall also allow a personal shipment of up to 100 pounds per month over the course of the FDA assignment, with the ability of the pilot to rollover any unused monthly shipment(s) in previous months to subsequent months up to a total of 2,000 pounds; provided, however, that the shipping limit shall be reset to zero on January 1 of each year. A p.97 pilot shall have until January 31 to use the accrued, but unused, balance from the previous year.
h.A pilot shall be responsible for all customs charges associated with the pilot’s move to and from the FDA.
i.The Company shall reimburse a pilot up to a cumulative total of $1,000 for the transportation of pets.
F.Relocation Days Off
1.Any pilot eligible for and exercising a Company paid relocation pursuant to Section 6 shall be entitled to a certain number of days off in order to assist in that relocation. The number of days off is based on the following formula:
a.For domestic moves (including Anchorage, Hawaii, and Puerto Rico):
i.time off is equal to the lesser of the distance between the old and new domicile or actual residence and new domicile, divided by 400 if driving, or 800 if flying; and
ii.the result is rounded to the next highest whole number, if applicable.
b.For FDA moves pursuant to Section 6.E., either to or from the FDA, the pilot shall receive 7 days off.
2.The total number of days off provided by the formula may be split into 2 periods.
3.The pilot shall be compensated an R-day value for each trip day or R-day that is dropped (without pay) as a relocation day under Section 6.F. Relocation days that occur on days off shall not be compensated.
4.Credit Hours lost from a pilot’s BLG/RLG as a result of Section 6.F. shall be eligible for make-up.
5.A pilot eligible for a relocation package shall coordinate in advance with the pilot’s Fleet Captain(s) the days off for relocation.
6.Days off for relocation also apply to pilots taking either of the crash pad move options as provided in Section 6.D.2. or D.3.
7.A pilot changing to a geographically different base, who is not entitled to a relocation package, shall request and coordinate with the pilot’s Fleet Captain(s) any schedule that involves dropping activities without pay to facilitate such change of base.
G.General
1.A relocation request form shall be submitted to Human Resources, AOD, to initiate benefit eligibility.
2.A pilot shall advise Human Resources, AOD, in writing of the completion of the pilot’s relocation. The pilot’s relocation is complete when the pilot has established a new permanent residence for himself and, if applicable, p.98 the pilot’s spouse, and/or the pilot’s dependent children, within the acceptable radius of the pilot’s base within 18 months following the pilot’s activation date or the Company’s first expenditures on the pilot’s relocation, whichever is earlier. The Company shall verify completion of a pilot’s relocation based on objective factors.
3.Based on a review of all the circumstances, Human Resources, AOD, may determine that a pilot has completed the pilot’s relocation even though some of the factors ordinarily establishing a completed relocation are absent. If the pilot subsequently fails to complete the pilot’s relocation, as provided in Section 6.G.2., the pilot shall be deemed never to have relocated and shall be obligated to reimburse the Company in accordance with Section 6.B.8.
4.The Company may request documentation to establish that a pilot has completed the pilot’s relocation, as provided in Section 6.G.2. The documentation may include, but is not limited to, settlement statements relating to the purchase and/or sale of residences; verification of the movement of household goods and automobile(s) to the new location; verification of the permanent relocation of the pilot; verification of the permanent relocation of the pilot’s spouse; verification of the permanent relocation of the pilot’s dependent children under the age of 18 years; establishment of a pilot’s residence at the new location for purposes of applicable property or state income taxes, driver’s license, automobile registration and voter’s registration. A pilot shall submit documentation requested by the Company in accordance with this paragraph.
5.If a pilot becomes obligated to reimburse the Company for expenditures related to relocation, the pilot may request of Human Resources, AOD, a repayment schedule based on a mutually agreeable per pay check amount. If the parties are unable to agree on an amount to be deducted per pay check, the Company is authorized to initiate a payroll deduction as provided in Section 3.E.1.a.vi. Unless mutually waived by both the pilot and Human Resources, AOD, the maximum period allowed for repayment under this provision shall not exceed nine (9) months.
6.Notwithstanding the provisions of Section 6.G.5., if a pilot’s obligation to reimburse the Company for expenditures related to relocation becomes the subject of a grievance filed pursuant to Section 20, the period contained in Section 6.G.5., shall not commence until final resolution of that grievance pursuant to Sections 20 and 21.
7.A pilot’s eligibility for staging jumpseat travel status as a pilot commuting to and from work at the pilot’s new base expires 30 days following the pilot’s receipt of the full relocation allowance provided in Section 6.C.2.
8.p.99 The Company may extend any of the time limits contained in Section 6 on a non-precedential basis. A pilot’s request for such extension shall be submitted in writing to Human Resources, AOD, and shall contain a complete description of the reasons for which the extension is requested. The request shall be made prior to the expiration of the applicable time limit and shall not be unreasonably denied.
9.Notwithstanding other provisions in this Section, if a pilot is forced to leave the pilot’s current geographic domicile (or base in the case of an FDA), due to legal restrictions, furlough, or assignment (as defined by Section 24) such pilot shall not incur any reimbursement obligations pursuant to this Section. Additionally, a pilot (including those pilots subject to the FDA LOA, ANC LOA, etc.) who exercises an Assignment Right of Return (ARR), as provided in Section 24.C.2.e., shall not incur any reimbursement obligations pursuant to this Section.
Section 7: Vacation
A.p.101 General
1.A pilot shall receive 6 CH for each day of accrued vacation.
2.A vacation day shall be a 24 hour period corresponding to the local base day. A vacation period is a series of consecutive days posted and awarded as provided in Section 7.C., and rescheduled, if applicable, as provided in Section 7.A.9. or E.
3.A pilot may not be assigned a trip in conflict with the pilot’s vacation period.
4.A pilot shall not be permitted to trip trade into, out of, or within the pilot’s vacation period.
5.A pilot must have a vacation credit hour bank balance greater than zero to take a vacation period.
6.On the effective date of this Agreement, vacation days previously scheduled or accrued shall be retained.
7.When a pilot’s employment with the Company terminates (including retirement), the pilot shall be compensated for all vacation time accrued and not taken. The amount of this vacation compensation shall be based on the pilot’s last rate of pay and computed at the rate of 6 CH per day. If a pilot has a negative vacation bank balance, the pilot’s final compensation settlement shall be reduced by the pilot’s negative vacation bank credit hour balance at the pilot’s current pay rate.
8.In the event of a pilot’s death, any earned and unused vacation credit shall be paid to the pilot’s beneficiary or to the pilot’s estate. If a pilot has a negative vacation bank balance, the pilot’s estate’s final compensation settlement shall be adjusted accordingly.
9.In extenuating circumstances, a pilot may request that the pilot’s flight manager approve an immediate, unscheduled vacation.
10.For purposes of this Section, a “year” shall be a calendar year.
11.As provided in Section 4.I.10., Section 14.A.7., Section 25.L.13.d. (Emergency Drop), and Section 25.Z.3. (Bereavement Absence), a pilot may use available hours in the pilot’s vacation bank to cover annual military training, to preclude or delay going on disability, for personal emergencies, and to add additional days for bereavement absence.
B.Vacation Accrual
1.A pilot shall accrue vacation to be taken in the following calendar year based on the pilot’s longevity as a pilot as of December 31 of the current calendar year.
a.p.102 A pilot with less than 1 year longevity shall accrue 1.5 days per month for the first 10 months in an active pay status during the year.
b.A pilot with longevity of at least 1 year, but less than 4 years shall be eligible for 15 days vacation.
c.A pilot with longevity of at least 4 years, but less than 5 years, shall be eligible for 15 days vacation plus a pro rata share based on the pilot’s longevity and the pro rata formula in Section 7.B.5.
d.A pilot with longevity of at least 5 years, but less than 9 years, shall be eligible for 22 days vacation.
e.A pilot with longevity of at least 9 years, but less than 10 years, shall be eligible for 22 days vacation plus a pro rata share based on the pilot’s longevity and the pro rata formula in Section 7.B.5.
f.A pilot with longevity of at least 10 years, but less than 19 years, shall be eligible for 29 days vacation.
g.A pilot with longevity of at least 19 years but less than 20 years shall be eligible for 29 days vacation plus a pro rata share based on the pilot’s longevity and the pro rata formula in Section 7.B.5.
h.A pilot with longevity of 20 years or more shall be eligible for 36 days vacation.
2.If a pilot does not complete 10 months in an active pay status during a calendar year due to retirement, furlough, disability, or unpaid leave(s) of absence (Section 13), other than leave due to on-the-job injury, the pilot shall not be entitled to the full accrual as per Section 7.B.1. That pilot’s vacation accrual shall be 1/10th of the full accrual for each calendar month the pilot is in an active pay status. For purposes of this paragraph, a month shall be counted if the pilot is not retired, or on furlough, disability or unpaid leave of absence for more than 15 days during that month.
Example-1: A pilot incurs a disabling event on December 31, 1998. The pilot is on sick leave from January 1, 1999 until March 1, at which time the pilot’s sick bank is exhausted. The pilot is then on disability and returns to active service on June 15. The pilot is in active pay status for 9 months (Jan., Feb., and June through December). The pilot’s vacation accrual (i.e., to be used in the year 2000), is reduced by 1/10th.
Example-2: A pilot actively flew the line until the pilot’s retirement on July 29, 1999. Since the pilot completed 7 months in an active pay status in 1999, the pilot’s vacation accrual for the year 2000 is 70% of the pilot’s normal full accrual. The pilot will be paid for this vacation after retirement, as part of the pilot’s 1999 wages.
3.p.103 The month in which a pilot is hired shall count for vacation accrual purposes only if the pilot’s hire date is on or before the 15th day of that month.
4.Fractions of an accrued vacation day shall be rounded to the nearest whole day.
5.Vacation days earned on a pro rata basis (as described in Section 7.B.1.c., B.1.e., and B.1.g.) shall be computed at a rate of 0.7 days per month for each month of service, up to 10 months per calendar year, subject to the provisions of Section 7.B.4.
Example:
Hire Date: June 18, 1994
Vacation calendar year 1999 = 15 regular days plus 4 extra days
(6 mos. X 0.7 = 4.2 days rounded to 4 days)
C.Vacation Bidding Procedures
1.Vacation shall not be cumulative and must be taken within the calendar year following the year in which it is earned except for an awarded vacation period which carries from one calendar year into the next, and except as otherwise provided in this Section. Vacation bids shall be awarded on the basis of seniority within each crew position.
2.A pilot’s crew position for a vacation bid shall be the crew position the pilot holds at the close of such bid. However, a pilot who has been awarded, but has not yet been activated in, a new crew position as a result of a base closure shall bid vacation in the pilot’s new crew position.
3.Vacation shall be bid and awarded as follows:
a.Available 7 day vacation slots for the next year shall be distributed concurrent with the bid period package published closest to August 1. The first vacation bid shall open on the date indicated on each vacation bid pack and close at noon, 14 days later. The first vacation bid awards shall be published 7 days after the first vacation bids have closed.
b.The second vacation bid shall be distributed concurrent with the first bid period package published after the first vacation bid closes. The second vacation bid shall open on the date indicated on each vacation bid pack and close at noon, 14 days later. The second vacation bid awards shall be published 7 days after the second vacation bids have closed.
c.The third vacation bid shall be distributed in the first bid period package published after the second vacation bid closes. The third vacation bid shall open on the date indicated on each vacation bid pack and close at noon, 14 days later. The third vacation bid p.104 awards shall be published 7 days after the third vacation bids have closed.
d.The fourth vacation bid shall be distributed in the first bid period package published after the third vacation bid closes. The fourth vacation bid shall open on the date indicated on each vacation bid pack and close at noon, 14 days later. Fourth vacation bid awards shall be published 7 days after the fourth vacation bids have closed.
4.If a pilot fails to submit a bid, or submits an insufficient number of bids, the pilot shall be assigned a vacation period(s) when the fourth vacation bid awards are published.
5.For vacation award purposes, a vacation period that extends into a subsequent vacation slot by 4 or more days shall occupy both slots.
6.A sufficient number of vacation slots shall be available for bid to cover all anticipated vacations in each crew position. Available vacation slots for a month for a crew position shall not be less than 3% of the total annual vacation time to be awarded for that crew position; provided, however, that there must be at least 1 slot available for bid in each crew position each month.
D.Splitting Vacations
A pilot may split the pilot’s vacation into as many as 4 separate periods provided each period contains a minimum of 7 days vacation; provided further, however, that a pilot who has accrued fewer than 7 vacation days in the previous calendar year shall take all accrued vacation days as a single period. Once awarded, a period of vacation may not be split.
E.Change, Slide and Expansion of Vacation
1.Vacation Change
a.A pilot may exchange the pilot’s vacation slot(s) for an open slot(s) in the pilot’s crew position or trade the pilot’s slot with another pilot in the same crew position; any other change in a pilot’s vacation slot requires the approval of flight management. A pilot who wishes to exchange or trade a vacation slot must accomplish the exchange/trade no later than 30 days prior to the beginning of the affected bid period.
b.Change of Crew Position
i.A pilot changing crew positions shall retain the pilot’s previously awarded or assigned vacation period(s).
ii.If a pilot is unable to take the pilot’s scheduled vacation due to a conflict with initial, transition or upgrade (ITU) training, and the pilot is then activated with more than 120 days remaining until the end of the last bid period in the calendar year, then within 30 days following activation into the pilot’s new crew p.105 position, the pilot shall select a different vacation period(s). The pilot’s selection shall be made from among the following slots in the current year:
(a)open slots; or
(b)slots currently held by any junior pilot in the new crew position; or
(c)slots retained by any junior pilot who is scheduled to activate in that same new crew position within 120 days following the pilot’s activation into the pilot’s new crew position.
iii.Notwithstanding Section 7.E.1.b.ii., if fewer than 3 slots are available for selection when the pilot activates, Section 7.E.1.b.iv. shall apply.
iv.If a pilot is unable to take the pilot’s scheduled vacation due to a conflict with ITU training, and the pilot is activated with 120 days or less remaining until the end of the last bid period in the calendar year, the pilot may select a different vacation period as provided in Section 7.E.1.b.ii. above. If no selection is made within 30 days following the pilot’s activation, Section 7.E.1.b.v. below, shall apply.
v.If a pilot’s vacation is not rescheduled as provided in Section 7.E.1.b.ii., or E.1.b.iv., the pilot’s vacation slot shall be bought back subject to the provisions of Section 7.G.6., or, as an exception to the applicable maximum buy back, the pilot may request to have the credit hours of vacation affected by the training in Section 7.E.1.b.ii. paid. Any vacation not bought back shall be a positive adjustment to the pilot’s vacation bank for the following year. A vacation change or buy back required in connection with a crew position change shall not be considered a vacation cancellation.
vi.Selection of a junior pilot’s vacation slot shall not impact the junior pilot’s vacation award.
c.A pilot with vacation scheduled in a bid period in which the pilot is in pay only bidding status as a result of sick leave may elect to take the pilot’s vacation as scheduled or reschedule that vacation (as provided in Section 7.E.1.b.). For purposes of this paragraph, a pilot’s vacation credit hour bank shall be reduced by 6 CH for each day of vacation in the pilot’s pay only bid period, and the remainder of the pilot’s BLG/RLG shall be charged to the pilot’s sick bank. An election to reschedule that vacation shall be made no later than the close of bidding for the bid period in which the vacation is scheduled.
a.A pilot may enter a vacation slide submission during the Conflict Input Window immediately before the bid period in which a trip(s) affected by the slide (or the vacation period itself, if no trip is affected) is scheduled to begin, as provided in Section 25.E.2. (Conflict Input Window). A pilot may adjust the pilot’s vacation period by sliding it up to a maximum of 5 days in either direction. However, the slide shall not reschedule any portion of that vacation into the preceding bid periods of November or December. A vacation period of more than 7 days, that begins in one bid period and ends in the following bid period, may be slid up to a maximum of 5 days in either direction.
Example: A vacation in the first week of January may not be slid back into December, but a vacation in the first week of February may be slid back into January. The slide must be accomplished during the Conflict Input Window for the January bid period (which is in late December).
b.A pilot may slide a vacation to conflict with a carryover trip as provided in Section 7.E.2.a., only if the pilot submits for the slide during the Conflict Input Window associated with the award of bid period in which the carryover trip began (e.g., the Conflict Input Window in the end of November (i.e., the Conflict Input Window for the December bid period award) is used to slide a January vacation to conflict with a December into January carryover trip).
c.If a pilot slides the pilot’s vacation period to within 48 hours of the scheduled end of a trip in which the last activity is an international duty period, that trip shall be deemed in conflict with the vacation period, except for a trip described in Section 12.D.1.c.i.
d.There is no maximum limit on the number of credit hours that may be touched by a vacation slide.
3.Vacation Expansion (Regular Line Holders)
a.In addition to or in lieu of a vacation slide, a pilot awarded a regular line may expand the pilot’s vacation period in either or both directions to conflict with a greater number of credit hours. However, a pilot may not expand the pilot’s vacation from December into November, or from January into December. A pilot may submit for a vacation expansion during the Conflict Input Window immediately before the bid period in which a trip(s) affected by the expansion is scheduled to begin, as provided in Section 25.E.2.
b.A vacation expansion shall not cause a vacation conflict that exceeds the credit hour value of the original vacation period by more than 6 CH. All days in the expanded vacation period shall be consecutive.
c.p.107 A pilot may not expand the pilot’s vacation period to conflict with a trip(s) that begins outside the bid period of the pilot’s vacation as awarded or slid. However, a pilot awarded vacation that extends into the next bid period may expand within either bid period.
Example: A pilot awarded a 7 day vacation period in week 1 of August may slide the pilot’s vacation back so that it overlaps both the August and July bid periods. The pilot may then expand the pilot’s vacation period to hit trips in either July or August in accordance with normal expansion rules.
d.A vacation period may not be expanded to cause a vacation conflict with a trip(s) that is scheduled to operate in whole or in part on the following days (i.e., base days): Thanksgiving Day, Christmas Eve, Christmas Day, New Years Eve or New Year’s Day.
F.Vacation Bank
Each pilot shall have a vacation credit hour bank established at the beginning of the bid period commencing closest to January 1, each year, based upon the vacation hours the pilot has accrued (as provided in Section 7.B.). A pilot’s vacation credit hour bank shall be calculated by multiplying the number of vacation days by 6 CH. A pilot’s bank shall be adjusted for positive balances (as provided in Section 7.I.3.d., 7.E.1.b.v., or 7.G.5.c.), or negative credit hour balances from the previous year’s vacation bank.
G.Vacation Bank Administration
1.Regular Line Holder
A regular line holder shall be removed from a trip(s) in conflict with the pilot’s vacation period (as awarded or slid) or vacation expansion. Conflict with an international duty free buffer, as described in Section 12.D.1.d., shall constitute a conflict with the trip protected by that buffer. That buffer may not be waived, with the exception of the buffer provided in Section 12.D.1.d.i., which may be waived for an international trip whose showtime is 24 hours or less after the end of a vacation period (as awarded or slid) or vacation expansion as follows:
a.A pilot may waive the buffer within the Conflict Input Window to avoid a conflict; and
b.A pilot is deemed to have waived any conflict resulting from a bid line adjustment, reassignment trip, or a volunteer or draft assignment.
The SCH value of the removed trip(s) shall be deducted from the pilot’s vacation credit hour bank.
Intent: A vacation period slides as a whole.
2.p.108 Secondary/Custom Line Holder
Except as otherwise specifically provided in Section 25.E.4.b. and E.5., for secondary line holders, the following shall apply to secondary and custom line holders:
a.A pilot shall receive a 48 hour duty free vacation buffer at each end of the pilot’s vacation period provided that the buffer occurs in a bid period in which the pilot is awarded a secondary line. A vacation buffer shall not extend outside the bid period(s) in which the vacation occurred. A vacation buffer shall not create a conflict with a trip that began in the previous bid period.
b.A secondary line holder’s vacation credit hour bank shall be reduced by 6 CH for each day of vacation in the bid period not in conflict with a carryover trip or R-day, excluding the vacation buffer provided in Section 7.G.2.a. above.
c.If a secondary line holder’s vacation period conflicts with a scheduled trip(s) or R-day(s), (e.g., carryover trip from the prior bid period, vacations spanning two bid periods) the pilot shall be removed from that trip(s) or R-day(s) and the following shall apply:
i.A conflict with an international duty free buffer (as provided in Section 12.D.1.d.) shall constitute a conflict with the trip protected by that buffer.
ii.A pilot’s vacation credit hour bank shall be reduced by the SCH of any trip(s) removed and/or the R-day credit hour value for any R-day(s) removed.
iii.A pilot may waive the vacation buffer within the Conflict Input Window to avoid a conflict.
iv.A vacation buffer that touches a trip(s) or R-day is a conflict. A vacation buffer that touches an international buffer is not a conflict.
d.The following apply when a secondary line is awarded to a pilot with a scheduled vacation in the bid period.
i.A secondary line shall not be constructed with a trip(s) or R-day(s) in conflict with the vacation period or a vacation buffer.
ii.Days constituting a vacation buffer shall be constructed as scheduled days off on that secondary line.
iii.For purposes of Section 25.D.2. (secondary line construction), hours deducted from the pilot’s vacation credit hour bank for the bid period, other than carryover credit hours from the previous bid period, shall be considered as trip credit hours.
iv.For purposes of Section 7.E.1. (Vacation Change), hours deducted from the pilot’s vacation credit hour bank for the bid period, other than carryover credit hours from the previous p.109 bid period, shall be considered as trip credit hours constituting a trip guarantee.
v.For purposes of minimum days off protection, vacation days shall not be considered days scheduled free from duty; vacation buffer days shall be considered days scheduled free from duty. Section 12.D.1.d. (international trip buffer), shall not apply when constructing a secondary line for a pilot with vacation in the bid period.
e.A secondary line holder may adjust the pilot’s vacation period by sliding it up to a maximum of 5 days in either direction, except that the slide shall not reschedule any portion of that vacation into the preceding bid period. However, a vacation period that is scheduled for more than 7 days, that begins in one bid period and ends in the following bid period, may also be slid up to a maximum of 5 days in either direction. A vacation slide submission shall be entered during the Conflict Input Window for that vacation period.
f.The provisions of Section 7.G.2. shall apply to a pilot assigned a custom line (as provided in Section 25.I.1.a. and 25.I.1.e.).
3.Reserve Line Holder
a.A pilot shall receive a 48 hour duty free vacation buffer at each end of the pilot’s vacation period provided that the buffer occurs in a bid period in which the pilot is awarded a reserve line. A vacation buffer shall not extend outside the bid period(s) in which the vacation occurred. A vacation buffer shall not create a conflict with a trip that began in the previous bid period.
b.A reserve line holder’s vacation credit hour bank shall be reduced by the R-day value for each day of vacation in the bid period.
c.If a reserve line holder’s vacation period conflicts with a scheduled trip(s) or R-day(s), (e.g., carryover trip from the prior bid period, vacations spanning two bid periods) the pilot shall be removed from that trip(s) or R-day(s) and the following shall apply:
i.A conflict with an international duty free buffer (as provided in Section 12.D.1.d.) shall constitute a conflict with the trip protected by that buffer, and may not be waived.
ii.A pilot’s vacation credit hour bank shall be reduced by the SCH of any trip(s) removed and/or the R-day credit hour value for any R-day(s) removed.
iii.A pilot may waive the vacation buffer during the Conflict Input Window to avoid a conflict with that buffer.
iv.A vacation buffer that touches a trip(s) or R-day is a conflict. A vacation buffer that touches an international buffer is not a conflict.
d.p.110 A reserve line awarded to a pilot with a scheduled vacation in the bid period shall be reconstructed as follows:
i.A pilot’s reconstructed line shall contain the originally scheduled blocks of R-days that did not conflict with vacation (or the vacation buffer), unless the number of R-days in those block(s) plus the number of vacation days exceeds the number of R-days in the bid period, (i.e., the pilot’s vacation conflicts with fewer R-days than the number of vacation days). In that case, the line shall be reconstructed preserving the greatest number of originally scheduled R-day blocks as possible.
ii.A pilot may enter preferences for reconstruction of the pilot’s reserve line during the Conflict Input Window (as provided in Section 25.E.2.g.).
iii.A reserve line shall not be constructed with R-days in conflict with the vacation period or a vacation buffer.
iv.Days constituting a vacation buffer shall be scheduled days off on the reconstructed reserve line.
v.For purposes of Section 25.D.3. (Reserve Line construction), vacation days are considered R-days. Section 25.D.3.c. (mini-block R-days), shall not apply when reconstructing a reserve line for a pilot with vacation in the bid period.
vi.For purposes of determining RLG (as described in Section 4.C.), vacation days are considered R-days. Credit hours deducted from the pilot’s vacation credit hour bank (as described in Section 7.G.3.b.) shall be credited toward the pilot’s RLG.
vii.A reserve pilot’s leveling position shall include an R-day value for each day of vacation in the bid period, as provided in Section 4.H.2.
viii.For purposes of minimum days off protection, vacation buffer days shall be considered days scheduled free from duty.
e.Reserve Vacation Extension
A pilot with vacation during a month in which the pilot holds a reserve line may extend the vacation that occurs in that month. Vacation buffers shall then be added to the extended vacation as provided in Section 7.G.3.a., unless waived by the pilot.
i.The maximum extension shall be determined by the following formula:
Maximum Extension = ({[(Number of vacation days (as awarded or slid) in the bid period multiplied by 6) + 6] ÷ R-day value} p.111 rounded down) minus the number of originally scheduled vacation days in the bid period.
Example: A pilot has a 7 day vacation period in a bid period in which the R-day value is 4:36. The maximum extension is
{[(7 x 6) +6] ÷ 4.600}- 7
= [(42 + 6) ÷ 4.600]- 7
= (10.434 rounded down)- 7
= 10- 7 = 3.
Consequently, the pilot could add up to three days to the pilot’s vacation period. This would give the pilot a total of 14 days (presuming buffers could fit on both ends of the pilot’s vacation period as extended). The pilot’s vacation bank would be charged 46 CH (10 x 4.600), but only 7 vacation days would be removed from the pilot’s vacation accrual.
ii.A pilot may enter a vacation extension submission during the Conflict Input Window immediately before the bid period in which the vacation is scheduled to occur.
iii.A pilot may not extend the pilot’s vacation (as awarded or slid) outside of the bid period.
iv.In case of a vacation period scheduled to span 2 bid periods, if the pilot holds a reserve line in both bid periods, then for purposes of vacation extension, the vacation in each month shall be treated as if it were a separate vacation period.
Example: A pilot’s 10 day vacation period has 7 days in one bid period and 3 days in the next. The pilot holds a reserve line in both bid periods. R-day value in the first bid period is 4:36; in the second it is 4:47. The pilot may extend the pilot’s vacation a maximum of 3 days in the first bid period (which must expand backward, since the pilot can’t expand outside of the bid period). The vacation in the second month is treated as if it were a stand alone 3 day vacation period, for purposes of expansion. The pilot’s maximum expansion would be 3 x 6 = 18 + 6 = 24 ÷ 4.783 = 5.017 rounded down = 5 minus 3 = 2 days of available extension.
v.A pilot may not extend the pilot’s vacation period to conflict with a trip(s) that begins outside the bid period of the pilot’s vacation as awarded or slid.
vi.A vacation period shall not be extended to cause conflict with R-days scheduled on Thanksgiving Day, Christmas Eve, Christmas Day, New Years Eve or New Year’s Day.
4.p.112 If the SCH value of a pilot’s last vacation period in a year exceeds the balance in the pilot’s vacation credit hour bank, the pilot may elect to reduce the number of vacation days in the pilot’s vacation period in order to avoid or reduce a deficit in the pilot’s vacation bank. A pilot shall communicate this election to CRS during the Conflict Input Window.
5.Vacation Deficit and Make-Up
If a pilot’s vacation credit hour bank balance falls below the credit hour value of the pilot’s remaining vacation in a calendar year, the following shall apply:
a.The pilot may bid for a make-up vacation trip(s) during the View/ Add window for the bid period in which the pilot has a vacation period that, if taken as scheduled, would result in a vacation bank deficit. The credit hour of the make-up vacation trip(s) shall not exceed the projected deficit by more than 7 hours.
b.The pilot may submit for a make-up vacation trip(s) (as provided in Section 25.L.6.) at any time during the calendar year.
c.Make-up vacation credit hours earned in the last bid period of a calendar year (i.e., December), shall be credited to the pilot’s vacation credit hour bank for the following calendar year.
6.Clearing the Bank
a.A pilot who has a positive balance in the pilot’s vacation bank after the pilot’s last vacation period of the year shall be paid for those credit hours, prior to the end of the year, at the pilot’s pay rate at the beginning of the bid period in which the buy back is paid. Except as provided in Section 7.G.6.b. below, the maximum balance subject to buy back is 40% of the vacation bank balance as of the beginning of the calendar year, including positive or negative adjustments from the previous year, plus positive adjustments in the current year, if any. Flight management may approve vacation buy back in excess of the 40% limit contained in Section 7.G.6.a. above, due to an individual pilot’s extenuating circumstances.
b.Prior to the publication of each year’s December bid period package, the maximum balance subject to buy back for the following calendar year may be increased from 40% as follows:
i.The Company may select a Section 7.G.6.a. value between 40% and 60%, inclusive; or
ii.The parties may agree to a value greater than 60%.
H.Disruption of Vacations
1.If a pilot’s trip operationally extends more than 2 hours but less than 26 hours into the pilot’s vacation period, 6 CH shall be added to the pilot’s vacation bank and 1 day shall be added to the pilot’s next vacation period.
2.p.113 If a pilot’s trip operationally extends at least 26 hours but less than 48 hours into the pilot’s vacation period, 18 CH shall be added to the pilot’s vacation bank and 3 days shall be added to the pilot’s next vacation period.
3.If a pilot’s trip operationally extends 48 hours or more into the pilot’s vacation period, the following shall apply:
a.The pilot may elect to cancel the pilot’s vacation period and have an additional 24 hours credited to the pilot’s vacation bank. The credit hours for the canceled vacation shall be restored to the pilot’s vacation bank, and the pilot shall be eligible for substitution for the trip(s) from which the pilot was removed for the vacation that was canceled; or,
b.The pilot may elect to take the remainder of the pilot’s vacation period, as scheduled, and have an additional 24 CH credited to the pilot’s vacation bank.
I.Cancellation of Vacation
1.A pilot’s vacation period may be canceled due to operational requirements. The Company will not use vacation cancelations (Section 7.I.2. and 3.) in a crew position (including BPO pilots) which has been bought up to the Section 4.A.1. Minimum Bid Period Guarantee.
2.Voluntary cancelation
a.Voluntary cancelations shall be done in seniority order for a crew position.
b.If a pilot voluntarily cancels the pilot’s vacation at Company request, the pilot shall be paid, not later than the following bid period, the CH value of the canceled vacation, not to exceed the balance in the pilot’s vacation credit hour bank. The credit hour value of the canceled vacation shall be deducted from the pilot’s vacation bank. In addition to all other compensation, the pilot shall be paid 24 CH if the pilot’s earned CH for that bid period (in which the canceled vacation period began) meet or exceed MBPG.
[Note: “Earned CH” in the context of 7.I.2.b. refers to all credit hours included in the unit(s) of work performed (including pay only), or from which removed with pay, excluding only:
1.LMS (4.I.4.d.)
2.GPE (4.EE.3.)
3.CBA Disruptions and “disruption-like” (i.e., 4.W.1., X., Y., Z., AA.3, CC., GG., HH.)
4.Jury Duty (25.Y.) and Bereavement Absence (25.Z.)
5.Showpay (4.P.2.b., Q.2., R.2.)
6.RP Change (25.M.3.d.)
7.p.114 Soft R-day (25.M.6.h.)
8.Vacation cancellation penalty (7.I.)]
[Note: “Earned CH” includes CH dropped per Section 25.X. “short term military” conflicts]
3.If the Company does not receive a sufficient number of voluntary cancelations for a crew position following at least two requests, the Company may cancel a pilot’s vacation involuntarily and the following shall apply.
a.The involuntary cancelation shall be in reverse seniority order.
b.The pilot shall be notified of the cancellation in writing at least 30 days prior to the first day of the bid period within which the vacation being canceled would begin.
c.The pilot’s vacation bank shall be increased by 36 CH.
d.The pilot may reschedule the canceled vacation period to a currently open vacation slot(s) or to a slot(s) held by any pilot junior to the pilot in the pilot’s crew position. The junior pilot’s vacation award shall not be impacted.
e.If the pilot is unable to reschedule the canceled vacation period as provided in Section 7.I.3.d., the vacation hours shall be carried over into the following year.
f.Notwithstanding Section 7.I.3.d. and e., the pilot may elect to be paid the credit hour value of the pilot’s canceled vacation period, plus the additional 36 CH, which shall be paid no later than the following bid period.
4.A BPO Pilot’s vacation period in a pay only bid period may be canceled due to operational requirements and only Section 7.I.2.b. shall be applicable for a voluntary cancelation, and only Section 7.I.3.b. through f. for an involuntary cancelation.
Section 8: Deadheading
A.p.115 Deadheading By Air
The provisions of this paragraph apply to pilots scheduled to deadhead by air transportation.
1.Deadheading To Revenue Operations
A pilot scheduled to deadhead to or from revenue operations shall receive pay and credit as provided in Section 4.F. (Trip Guarantee).
2.Deadheading To Training
A pilot scheduled to deadhead to or from training shall receive deviation bank credit for that deadhead.
3.Selection of Deadhead Carriers
Requirements regarding carrier selection shall apply when the trip is constructed or revised.
a.Domestic Deadheads
The Company shall not schedule front-end domestic deadheads, other than non-stop, that operate during the hours of 0200-0459 LBT. Deadheads scheduled in accordance with Section 8.A.3.c. do not violate this paragraph.
b.All Deadheads (Domestic and International)
i.Commercial deadhead tickets shall be purchased exclusively on air carriers on the Company’s approved commercial carriers list on June 29, 2026 (Approved Air Carriers List (AACL) with the “notes”), or as modified by Section 8.A.3.b.ii.
ii.For air carriers not on the AACL as of June 29, 2026:
(a)An air carrier may be added with the mutual agreement of the Association SIG and Company SIG;
(b)The Company or Association may propose an addition of an air carrier to the AACL. Disagreement related to the addition of an air carrier to the AACL shall be resolved using the scheduling dispute final resolution process set forth in Section 25.BB.F. (SIG Neutral Track) or G. (VP/ MEC Chairman Track).
(1)If the Section 25.BB.F. track is initiated, the BB.F.2. SIG neutral recommendation shall be considered final and binding.
(2)The proposed air carrier shall not be utilized prior to the Section 25.BB.F. issuance of the SIG neutral recommendation or the BB.G. Vice President, Flight Operations letter.
(d)The Company’s addition of air carriers to the AACL for Operational Use Only shall require Association SIG consent.
iii.[Reserved]
iv.If the Company’s experience with an air carrier on the AACL creates a substantial concern for the safety and reliability of the carrier’s operations, any disputes regarding the use or non-use of such air carrier shall be resolved using the scheduling dispute final resolution process set forth in Section 25.BB.F. or G.
v.In code share situations in which 2 or more airlines share the same flight segment, the airline operating the flight shall determine compliance with this Section.
vi.International deadheads shall be scheduled on:
(a)Jet aircraft;
(b)The De Havilland Canada DHC-8-400 Dash 8, for deadhead flight segments entirely within the “European Theater” (as defined in Section 12.D.1.c.ii.); or
(c)Another aircraft/deadhead routing, as agreed upon by the Association SIG. The Association SIG shall not unreasonably deny the use of other aircraft meeting similar (to jets and DHC-8-400) safety, reliability, and comfort standards.
vii.A deadhead shall not be scheduled for more than 22 consecutive hours on duty.
c.Business Necessity Deadheads
In individual cases of business necessity, in addition to carriers authorized by Section 8.A.3.b., and with the approval of the System Chief Pilot, a Fleet Captain (or designee), or the Duty Officer, a pilot may be scheduled to deadhead on a Company aircraft, chartered jet carrier, Company corporate business jet aircraft, scheduled U.S. certificated air carrier operating under FAR part 121 or 135, or on any other carrier to which the pilot agrees. The Company shall provide a written report detailing the reason(s) requiring the use of this provision to the SIG within 5 days of the construction or revision.
d.Scheduling of Deadheads on Company Aircraft
Notwithstanding Section 8.A.3.c., the Company may schedule deadheads on Company aircraft operating to/from Almaty, Kazakhstan (ALA) consistent with the terms of the Grievance 09-16 Settlement Agreement.
e.p.117 Deadhead by Company Aircraft to Base
i.Except as provided in Section 8.A.3.e.ii., if the Company constructs a trip outside of the bid period package and/or revises any trip, and the Company determines a necessity exists under Section 8.A.3.c. as to a deadhead(s) located at the end of the trip that does not include any further flight deck or other non-deadhead duty, the use of Company aircraft for deadheads shall be accomplished as provided in the following Fly Window Procedures.
(a)The fly window shall begin 12 hours after the end of the pilot’s previous duty period. The fly window shall terminate 36 hours from its beginning point.
(b)If there is a commercial flight with available seats within the fly window, the Company shall obtain such for the pilot (provided it complies with other provisions of the contract (e.g., minimum rest requirements)). The unavailability of the class of service otherwise required by Section 8 shall not be a reason justifying a failure to purchase a commercial ticket under this paragraph.
(c)If there is a commercial flight(s) within the fly window but it has fewer available seats than the number of pilots requiring deadheads, the Company shall offer to purchase commercial ticket(s) in the following order: Captain, then First Officer. If there were multiple pilots holding the same crew position on the trip, the most senior pilot within that crew position will be given higher priority.
(d)In the event that there are insufficient seats available on commercial flight(s) within the fly window, the Company may schedule a pilot for a Company jumpseat that departs at any time after the beginning of the fly window.
ii.The fly window procedures shall not apply if:
(a)The pilot would be placed at risk of substantial bodily harm, or loss of property or life due to the pilot’s continued presence in a location during the fly window; or
(b)There is any legal or regulatory reason why the pilot cannot deadhead on a commercial carrier (e.g., does not possess required visa); or
(c)Application of the fly window procedures would result in the pilot being illegal for the pilot’s next Company scheduled activity (e.g., flight duty, standby, reserve, training). In that case, if specifically authorized by the Duty Officer based on staffing needs (in case the pilot otherwise would miss non-training duty) or disruptions to training p.118 schedules (in cases where the pilot would miss training), the Company may schedule the pilot for any legal jumpseat that would protect the pilot’s legality for further scheduled duty.
iii.A pilot who is positioned by means of this provision (Deadhead by Company Aircraft to Base) shall be entitled to deviation bank credit in the amount of the Baseline Fare for a ticket in the highest class of service for which the pilot is eligible, on the first flight that would have been legal for the return deadhead, but for the unavailability of seats.
4.Administration of Deadhead Fares
a.The Company shall publish the Baseline Fare for all scheduled commercial deadheads.
i.For trips in the bid period package, the Baseline Fare is a fare quote obtained no earlier than 7 days before and no later than 2 days after the publication of the bid period package.
ii.For trip revisions, and for trips constructed after the publication of the bid period package, which include a commercial deadhead(s) for which a Baseline Fare has not yet been published, the Baseline Fare is a fare quote obtained at the time the Company constructs or revises the trip.
iii.A Baseline Fare is applicable to all crew positions on the trip containing the commercial deadhead.
b.The Company shall determine and publish the Established Fare for all scheduled commercial deadheads after the publishing of First Officer monthly bid awards as provided in Section 25.C.11., and no later than 14 days prior to the scheduled departure of the commercial deadhead (except where less than 14 days remain).
i.The Established Fare is a fare quote obtained pursuant to Section 8.A.4.b.
ii.For trip revision(s) involving revision(s) to a deadhead(s), and for trips constructed after the publication of the bid period package, the Established Fare will be determined:
(a)When a pilot is assigned to the trip, if 14 or more days remain prior to the scheduled departure of the deadhead;
(b)14 days prior to the scheduled departure of the deadhead, if no pilot has been assigned as of that time; or
(c)At the time the Company constructs or revises the trip, if less than 14 days remain prior to the scheduled departure of the deadhead.
iii.An Established Fare is applicable to all crew positions on the trip containing the commercial deadhead.
c.p.119 The Baseline and Established Fare(s) for any trip containing a commercial deadhead shall also be included with the information associated with the trip in VIPS (e.g., displayed on the Trip Pairing screen).
5.Class of Service for Commercial Deadhead Travel
Requirements regarding class of service shall apply when the trip is constructed with a deadhead. The Company shall not be in violation of this Section due to changes or conditions imposed by passenger carriers after the trip is constructed (e.g., increased or reduced block time, aircraft change, etc.). Regardless of whether such changes occur, a pilot’s deviation allowance is based on the class of service authorized in the original schedule.
a.Deadhead travel shall be booked in economy class unless a higher class of service is authorized. When available on a commercial flight, the Company shall book economy class tickets which include an opportunity for seat selection.
b.A class of service higher than economy shall be authorized if:
i.a deadhead exceeds 5 scheduled block hours;
ii.a deadhead is included in a single duty period exceeding 11:30;
iii.the scheduled block hours of a revenue flight plus the scheduled block hours of a deadhead in a single duty period exceed 8 hours. However, if a domestic duty period does not exceed 11:30 and a deadhead within that duty period does not exceed 1:30 (OAG) block, the deadhead may be scheduled in economy;
iv.the deadhead is an international deadhead that exceeds 2:30 scheduled block hours, and whose origin and destination are both outside the contiguous 48 United States; or
v.as authorized by the SIG.
c.Higher Class of Service
i.Regardless of a passenger carrier’s nomenclature or hierarchy for classes of service, a Flat Bed Seat satisfies the higher class of service requirements set forth in this Section.
ii.If a higher class of service is authorized on a deadhead with less than 10 scheduled block hours, such service shall be booked in Business or First Class at the Company’s option, subject to availability on the scheduled flight. If a seat with the required class of service is not available when the Company books a seat for the pilot, the Company shall book a seat in the next highest class of service available, provided it places p.120 a request to upgrade to the required higher class(es) of service.
iii.If a deadhead has 10 or more scheduled block hours, the travel shall be booked in the following order based upon availability on the scheduled flight:
(a)First Class (discounted);
(b)Business Class (full fare or discounted);
(c)First Class (full fare).
iv.If the deadhead is scheduled for more than 16 hours duty, the following shall apply:
(a)The flight must be a non-stop flight; and
(b)A special booking priority shall apply to deadheads scheduled over 16 hours. That priority shall be:
(1)Discounted first class;
(2)Full fare first class;
(3)Business class.
(c)The Company shall ensure that Corporate Travel (or any subsequent Company designated travel administrator) attempts to secure first class seating at the earliest practical point in the planning process. If Corporate Travel is unable to book first class at the time the initial booking is made, Corporate Travel shall notify the pilot who is awarded that trip, via e-mail, of the unavailability of first class.
v.If neither Business nor First Class is available on the scheduled flight, an economy class ticket (with a reservation to upgrade to the appropriate higher class) may be purchased only in the following two circumstances:
(a)The scheduled deadhead flight is for the purposes of Operational Recovery; or
(b)The scheduled deadhead duty period is 16 hours or less.
vi.Regardless of the class of service actually ticketed, a pilot’s deviation bank shall be credited with the Baseline Fare for the highest class of service which is authorized on the scheduled deadhead flight, and which exists on that flight.
d.Company Purchase of Higher Class of Service Tickets in Bid Period Package
When purchasing deadhead tickets prior to the beginning of a bid period, deadhead tickets for flights entitled to a higher class of service shall be purchased prior to tickets requiring a lower class of service.
i.p.121 The Company shall begin to purchase the following deadhead tickets at least 30 days prior to the showtime of the scheduled deadhead and in the following order:
(a)international deadheads authorized a higher class of service;
(b)domestic deadheads authorized a higher class of service; and
(c)international non-higher class of service.
ii.The Company shall begin to purchase domestic non-higher class of service deadhead tickets at least 15 days prior to the showtime of the scheduled deadhead.
iii.The Company shall also maintain the same booking priorities as above (Section 8.A.5.d.i. and ii.) for any ticket that requires manual booking.
[Application Note: When purchasing deadhead tickets prior to the beginning of a bid period, on a given day that tickets need to be purchased, all deadheads 30 days out (for international higher class of service, domestic higher class of service and international non-higher class of service tickets) will be submitted into the automation. Additionally, domestic non-higher class of service tickets 15 days out will be submitted into the automation. If a ticket request falls out of the automated process and onto the manual work queue the requests will stay in departure date/time order with;
(a)international higher class of service;
(b)domestic higher class of service;
(c)international non-higher class of service; and
(d)domestic non-higher class of service.
All required deadhead tickets for day 1 of the next bid period will need to be booked before moving onto day two (the initial submission will have days 1-15 of the next month, those will need to be worked before day 16, etc.)].
6.Deadhead Tickets
This paragraph shall apply equally to deviation deadhead tickets and Company scheduled deadhead tickets.
a.A Company designated group or department shall be utilized for purchasing all deadhead tickets, except when:
i.the Company cannot purchase a ticket for a lower fare than the pilot can purchase himself; or
ii.the pilot must purchase the ticket himself to prevent delay to FedEx flight operations.
b.p.122 If a pilot does not purchase the pilot’s deadhead ticket using the Company’s travel vendor, the pilot shall use the Company issued Travel Card to purchase such ticket. In extenuating circumstances, a pilot may contact the Company to arrange a pre-paid ticket, or the pilot may buy a deadhead ticket by other means, if necessary to prevent delay to FedEx flight operations (e.g., carrier won’t take the credit card, Travel Card unavailable).
c.A pilot must either use the pilot’s Company purchased deadhead ticket in conjunction with the trip for which it was scheduled or account for that ticket with the expense report reconciling the pilot’s deviation expenses for the month. Upon written request, a pilot shall provide the Company proof of the pilot’s use of a deadhead ticket.
B.Deadhead by Surface Transportation
1.A pilot who is scheduled for surface transportation between two airports shall receive credit for pay toward the duty period calculation, for such deadhead, based on historical FedEx data as follows:
a.:30 CH for each 1 hour, or portion thereof, up to a maximum of 2:30 CH.
b.Surface transportation greater than 2 hours must be approved by the SIG.
2.The surface transportation shall be provided on a non-public commercial operator; provided, however, that between international locations specifically approved by the SIG (e.g., HKG-CAN and CGN-FRA), a pilot may be scheduled for ground transportation on a public commercial operator (e.g., train, hydrofoil).
3.Surface transportation between an airport and a layover facility is not deadhead by surface transportation, provided that the flights immediately preceding and following the layover operate from the same airport.
C.Deviation From Scheduled Deadhead
The intent of the deviation policy is to allow a pilot business travel flexibility in accordance with the options and conditions specified herein. Except as provided in Section 8.C.1.f.ii., a pilot who deviates is responsible for the pilot’s scheduled, revised, rerouted, or canceled trip. A deviating pilot must ensure the pilot’s compliance with FAR crew rest requirements prior to operating a Company flight. A pilot who deviates from a scheduled deadhead shall earn trip guarantee as if the pilot were deadheading as scheduled.
1.Deviating Operating Procedures
a.Notification
i.A pilot shall notify the Company through VIPS of the pilot’s intention to deviate from a scheduled deadhead at the beginning p.123 of a trip. This notification shall occur no later than 60 hours prior to the showtime of the scheduled deadhead.
ii.Except as provided in Section 8.C.1.a.i., if a pilot is notified of a trip assignment less than 60 hours prior to showtime, upon notification, the pilot shall advise the Company through VIPS of the pilot’s deviation from a scheduled deadhead at the beginning of the trip.
iii.If a pilot has provided notification of a deviation, and the deadhead at the beginning of a pilot’s trip is subsequently revised, upon notification the pilot shall advise the Company through VIPS of the pilot’s deviation on the revised deadhead.
iv.Failure to notify the Company of a deviation as required may result in the deviation bank credit for the appropriate deadhead being deducted from the pilot’s deviation bank only if the cancellation of the scheduled deadhead results in a charge to the Company. Any such deduction shall not exceed the lesser of the value of the charge to the Company, or the deviation bank credit for that deadhead.
v.A pilot may maintain 2 active reservations for each scheduled lane segment.
Example: A pilot may book the pilot’s deviation travel itinerary before canceling the pilot’s scheduled travel itinerary, except where a passenger carrier’s reservation systems will not allow the pilot to do so.
b.Trip Trade Restrictions After Deviation Notification
After a pilot provides notification of the pilot’s deviation from a scheduled deadhead that originates or terminates in a location outside the contiguous 48 United States, Canada, or Mexico, the pilot may not trade, drop, or authorize a personal bump on the trip containing the deadhead if there are less than 14 days remaining until scheduled showtime of that trip, unless authorized by CRS or the Fleet Captain (or designee).
c.Initial Deviation Check-In
A deviating pilot shall check in with VIPS, or CRS if VIPS is not accessible, no earlier than 60 hours and no later than 4 hours prior to showtime of the originally scheduled deadhead at the beginning of a trip. This check-in will satisfy the requirements of the final deviation check in if the pilot is already in position for the first revenue leg when the pilot makes the pilot’s Initial Deviation Check-In.
d.Final Deviation Check-In
i.A deviating pilot shall check in with VIPS, or CRS if VIPS is not accessible, and indicate that the pilot is positioned within p.124 100 nautical miles, or at a distance as approved by the pilot’s Fleet Captain (or designee), of the airport from which the first revenue flight will depart or at which the pilot’s standby period begins. This check in must occur:
(a)no later than 8 hours prior to showtime of a revenue flight that operates entirely within North America (i.e., Alaska, Canada, Mexico, the contiguous 48 United States, Caribbean and Puerto Rico);
(b)no later than 12 hours prior to showtime of a revenue flight that either takes off from, or lands in, a city outside North America or a standby period that did not require an intercontinental deadhead from the pilot’s base; or
(c)for a revenue flight or standby period that required an intercontinental deadhead from the pilot’s base, no later than:
(1)18 hours prior to showtime of a revenue flight or commencement of the standby period; or
(2)The scheduled arrival time of the Company scheduled deadhead at the location of the revenue flight or standby period (if less than 18 hours prior to the scheduled departure of the revenue flight or commencement of the standby period).
Example: A pilot deviates from the pilot’s scheduled deadhead to CDG. The scheduled deadhead was scheduled to arrive in CDG 36 hours prior to showtime. The pilot’s final deviation check-in must occur no later than 18 hours prior to showtime.
Example: A pilot deviates from the pilot’s scheduled deadhead to HKG. The scheduled deadhead was scheduled to arrive in HKG 17 hours prior to showtime. The pilot’s final deviation check-in must occur no later than 17 hours prior to showtime.
ii.For purposes of Section 8.C.1.d. (this paragraph) the showtime of a revenue flight shall be one hour prior to the scheduled departure of that flight.
iii.The final deviation check-in may occur at the same time as the initial deviation check-in if the pilot is already in position for the first revenue leg when the pilot makes the initial deviation check-in.
iv.Final deviation check-in may be accomplished if the deviating pilot joins the Company scheduled deadhead(s) and, as a result, the pilot will arrive at the point of origin of the pilot’s first revenue flight or standby period as if the pilot had not p.125 deviated. Upon arrival at the departure gate of the scheduled deadhead flight, the pilot shall check-in with VIPS, or CRS if VIPS is not accessible, and indicate that the pilot is in position for the scheduled deadhead flight. Once this check-in has been accomplished, the pilot shall no longer be considered as deviating, for the purposes of subsequent delays, revisions, and all trip services.
Example: The scheduled deadhead travel is MEM-ATL-CDG. The pilot deviates and obtains a ticket to join the scheduled ATL-CDG flight. Final deviation check-in may be accomplished upon arrival at the departure gate for the CDG flight in the ATL airport.
v.If a final deviation check-in has not occurred as required, then prior to replacing the deviating pilot, CRS shall first place a call to the scheduled layover hotel, then a minimum of 2 calls based on the following hierarchy, unless the pilot has fewer than two phone numbers listed in VIPS:
(a)VIPS primary contact number.
(b)Cell phone number.
(c)Alternate contact number #1.
(d)Alternate contact number #2.
e.Deviation Delay/Failure
If a pilot encounters difficulty in the pilot’s deviation travel to the revenue departure location to such an extent that a live flight is jeopardized, the pilot shall contact CRS at the earliest opportunity. If the notification to CRS is provided in sufficient time to allow the trip to be covered by a reserve, and the flight is not delayed due to the deviation failure, then the pilot will be dropped from the trip without pay, receive no deviation bank credit for the trip, and shall not be disciplined.
f.Trip Revisions
i.If a pilot’s trip is revised at or prior to the pilot’s initial deviation check-in and, as a result, the pilot is unable to report on time, the trip shall be dropped and the pilot shall be eligible for Priority Non-Premium (PNP) make-up.
ii.If a pilot’s trip is revised after the pilot’s initial deviation check-in and, as a result, the pilot is unable to report on time, the Company shall make best efforts to reposition the pilot for the trip. If the Company is unable to do so, the pilot shall be eligible for substitution and is authorized return deadhead transportation to base. The cost of the original deadhead tickets shall be deducted from the pilot’s deviation bank, however, the cost p.126 of the deviation ticket used, and the cost of the pilot’s return ticket, shall be allowable as a claim, up to the applicable fare (as determined in accordance with Section 8.C.2.a.) for the original deadhead tickets, regardless of the pilot’s deviation bank balance. Such claim shall be specifically documented on a deviation expense report.
iii.A VLT/DRF/CMU pilot covered by Section 8.C.1.f.ii. shall not be eligible for substitution and shall earn the greater of 3:00 CH or duty rig computed from the pilot’s scheduled showtime until the VIPS notification of the revision.
iv.A deviating pilot is considered on a trip after the scheduled showtime of the pairing. Therefore, if a trip changes after showtime, the pairing will be rebuilt to reflect the changes.
g.Mid-Trip Deviations
A pilot may deviate from a scheduled deadhead between any two revenue segments of a trip only with the prior approval of the pilot’s Fleet Captain (or designee).
h.End-of-Trip Deviations
A pilot shall notify the Company through VIPS of the pilot’s deviation from a deadhead scheduled at the end of a trip:
i.at least 60 hours prior to the showtime for an international deadhead; or
ii.at least 8 hours prior to the showtime for a domestic deadhead, unless the airline requires an earlier notification to avoid cancellation penalties, in which case the deviation notification must occur 12 hours prior to the carrier’s penalty deadline. The Company shall include the carrier’s cancellation policy in the E-Ticket issued to the pilot by the Company’s travel department or vendor.
i.Business Status While Deviating
i.A pilot who deviates is considered to be on business travel (and shall be afforded all rights and benefits as such) while traveling under the provisions of this Section.
ii.A pilot may book a Company jumpseat as all or part of the pilot’s deviation travel. A pilot using a jumpseat for the purpose of a deviation shall have business jumpseat status (or equivalent booking status).
2.Deadhead Deviation Banks
a.Application By Bid Period
The Company shall establish a deviation bank for each pilot for each bid period.
i.p.127 The value of a given bid period’s deviation bank shall be equal to the value of:
(a)the applicable fare(s) for the scheduled commercial deadhead ticket(s) for all trips flown during that bid period; and
(b)the value of the applicable fare(s) for the scheduled commercial deadhead ticket(s) for recurrent training scheduled during that bid period (if any).
ii.To the extent that the pilot’s allowable/reimbursable deviation expense claims for a given bid period are less than the pilot’s deviation bank credit for that bid period, that balance shall remain intact for three additional bid periods. This deviation bank allowance (DBA) shall be available to offset past or future deviation bank overspends, as follows:
(a)If the pilot had allowable/reimbursable deviation expense claims for the immediately preceding bid period which exceeded the pilot’s deviation bank for that bid period, the DBA shall be applied to offset the prior overspend; and
(b)Any DBA balance remaining after application of Section 8.C.2.a.ii.(a) above shall be added to the pilot’s deviation bank in the immediately subsequent bid period.
[Application note: the automation has and will continue to apply all previous bid periods’ remaining balances (oldest to newest) to that overspend.]
iii.Following the three additional bid periods, any remaining balance shall then be reduced by 50% and credited to the pilot’s Hotel Airfare Cancelation Bank (Section 8.C.2.h.).
b.Deviation Bank Credit
i.Bid Period Package Deadhead
(a)If the pilot notifies the Company of the pilot’s deviation from a commercial deadhead prior to the first day of the bid period in which the applicable trip begins, the pilot’s deviation bank shall be credited with the higher of the Baseline Fare or the Established Fare.
(b)If the pilot notifies the Company of the pilot’s deviation from a commercial deadhead on or after the first day of the bid period in which the applicable trip begins, the pilot’s deviation bank shall be credited with the Established Fare.
ii.p.128 Non-Bid Period Package Deadhead
For trip revision(s) involving revision(s) to a deadhead(s), and for trips constructed after the publication of the bid period package, the pilot’s deviation bank shall be credited with the higher of the Baseline Fare or the Established Fare.
c.A deadhead associated with a carryover trip shall be credited to the deviation bank for the bid period containing the showtime for the deadhead.
d.All deadhead travel shall be classified into two categories, Front/ Back-End, and Mid-Trip. For the purpose of deviation bank credit, each category shall be treated separately. However, if a deadhead trip is changed or canceled by the Company, the associated deadhead bank monies remain intact. Within each category, a pilot’s bank credit shall be determined as set forth in Section 8.C.2.a.
e.With respect to a pilot who deviates on the front-end of a trip, but who does not actually operate any portion of the trip due to a sick call, the pilot shall be compensated and the pilot’s sick leave account shall be reduced by the scheduled credit hours for that entire trip, unless the pilot has made a demonstrable effort to commence the pilot’s deviation travel.
Example 1: A pilot deviates from the pilot’s scheduled deadhead travel from MEM to CDG via ATL, and instead plans to travel from JAX to CDG via EWR. The pilot arrives at the JAX airport and calls in sick, after the scheduled showtime of the original trip. The pilot receives partial pay and credit for the trip up to the time of the pilot’s sick call, with the balance of the trip guarantee charged to the pilot’s sick bank, in accordance with Section 14.
Example 2: A pilot deviates from the pilot’s scheduled deadhead travel from MEM to CDG via ATL, and instead plans to travel from DEN to CDG via ORD. The scheduled showtime for the MEM to ATL scheduled deadhead is 1540z on September 3. The pilot’s deviation deadhead from DEN to ORD has a showtime of 1100z on September 4. The pilot calls in sick from the pilot’s home in DEN at 0900z on September 4. If the pilot holds trip guarantee, the pilot shall be compensated, and the pilot’s sick leave account shall be reduced by the scheduled credit hours for the entire trip, in accordance with Section 14.
f.A pilot in initial, transition or upgrade training (ITU) shall have a separate deviation bank established for the duration of such training. The training deviation bank shall be determined as set forth in Section 8.C.2.a.
g.p.129 Deviation expenses associated with ITU training shall be reconciled against the pilot’s training deviation bank by submission of an expense report at the end of the pilot’s training period.
h.Hotel Airfare Cancelation (HAC) Bank
i.The Company shall establish a Hotel Airfare Cancelation (HAC) bank for each pilot.
ii.For all hotel rooms canceled by a pilot through CRS or other designated means at least 26 hours prior to the scheduled hotel check-in (i.e., in accordance with Section 5.B.6.), the Company shall credit $50 (domestic hotel reservations), or $70 (international hotel reservations) to that pilot’s HAC bank, provided, however, that the pilot actually operated the trip containing the canceled hotel room(s).
iii.HAC bank credits up to $7,500 shall be available to offset allowable/reimbursable deviation bank expenses incurred during any bid period.
iv.The Company shall make available for the pilot’s reference, via VIPS, a pilot’s current HAC bank balance.
v.A pilot’s HAC bank balance shall be capped at $15,000.
vi.On-property sleep rooms are not guaranteed to pilots who cancel Company-scheduled hotel rooms (e.g., IND day rooms).
3.Deviation Options and Qualifying Expenses
Subject to the limitations and reporting provisions in Section 8.C.4. and C.5., a pilot’s air travel, train travel, surface transportation, hotel use, parking and non-taxable per diem are allowable/reimbursable expenses as provided in this paragraph.
a.Air Travel
i.In the following circumstances, air travel expenses are allowable/reimbursable:
(a)to or from a pilot’s base to position to/from a scheduled assignment.
(b)deviation from scheduled deadhead travel.
(c)deviation from scheduled deadhead travel between a pilot’s base and training conducted away from the pilot’s base.
ii.Air travel expenses shall be limited to the applicable fare (as determined in accordance with Section 8.C.2.a.) for the class of service for which the deviation travel would otherwise qualify under Section 8.A.5.
iii.p.130 Fees associated with seat selection, provided the pilot charges the fee(s) to the pilot’s Company issued travel card (receipts required regardless of amount). Such fees shall be limited to $100 per positioning sequence (i.e., front-end, mid-trip, or back-end).
[Note: Fees associated with seat changes within the economy class of service are eligible expenses under this paragraph (e.g., Delta’s current “Comfort Plus” offering)]
iv.Airport departure fees.
v.If a pilot scheduled for a nonstop deadhead over 16 hours on duty, who is not booked in first class, deviates from the scheduled deadhead in order to obtain first class on another carrier, the following shall apply:
(a)the pilot shall include with the pilot’s deviation expense report an e-mail from corporate travel indicating that first class was not available on the originally scheduled deadhead at the time the booking was made; and
(b)the provision of the e-mail in Section 8.C.3.a.v.(a) shall entitle the pilot to be reimbursed for the pilot’s deviation ticket up to the full fare first class cost of a direct, nonstop deviation deadhead whose origin and destination match the scheduled deadhead, regardless of the pilot’s deviation bank value. A deviation deadhead covered by this paragraph must be among the standard routings scheduled by the carrier.
vi.If a pilot scheduled for a deadhead less than 16 hours on duty but more than 10 hours scheduled block hours, who is booked in economy class, deviates from the scheduled deadhead in order to obtain a higher class of service on another carrier, the following shall apply:
(a)the pilot’s Deviation Bank shall be credited with 130% of the Established Fare on the scheduled deadhead routing; and
(b)the pilot’s deviation travel is not required to match the scheduled deadhead routing.
b.Surface Transportation
i.Surface (including water borne) transportation expenses between a field airport/FedEx operations area and the layover hotel are allowable/reimbursable.
(a)The vendor for surface transportation shall be selected in the following order:
(1)p.131 Company provided transportation (crew bus), or hotel transportation; or, if unavailable,
(2)The contract vendor in that city; or, if unavailable,
(3)Another vendor, in which case reimbursement for surface transportation is limited to $150 per occurrence, unless a higher charge is authorized by the pilot’s Fleet Captain, or designee.
(b)Surface transportation used at other than the scheduled pickup time shall not be direct billed.
ii.Surface (including water borne and rental cars) transportation of reasonable expense between commercial locations, or between a residence and the field airport/FedEx field operations area, greater than $100 per occurrence requires prior approval by a pilot’s Fleet Captain. Approval requests shall be available via the Company’s online expense reporting system.
iii.A pilot who is assigned to initial, transition or upgrade training away from the pilot’s base may elect to drive the pilot’s vehicle to the training location. In this event, the AAA calculated mileage, round trip from the pilot’s permanent residence to the training facility at the current IRS mileage rate shall be allowable/reimbursable (e.g., training in DFW and a pilot drives the pilot’s car to and from).
c.Trains
Travel by train or subway is an allowable/reimbursable expense to the same extent air travel or surface transportation expenses would have been allowable/reimbursable.
d.Hotel
i.Non-Intercontinental Deadheads
A pilot who is scheduled for consecutive non-intercontinental deadheads from and back to the same city, may expense up to 3 nights of hotel use in the contract hotel in lieu of the scheduled deadhead tickets. The hotel use shall be between the scheduled deadheads. Use of a non-contract hotel, and any hotel use for greater than 3 nights, requires prior approval of the pilot’s Fleet Captain, or designee.
ii.Intercontinental Deadheads
(a)A pilot who deviates from intercontinental deadhead travel may expense up to 3 nights of hotel use in lieu of the scheduled deadhead ticket. The hotel use shall be on consecutive days in conjunction with the revenue portion at the beginning or end of a trip. Hotel use for greater p.132 than 3 nights requires prior approval of the pilot’s Fleet Captain, or designee.
(b)A pilot who deviates from intercontinental deadhead travel may expense hotel(s) as part of the pilot’s deviation travel as follows:
(1)the pilot may expense 1 hotel room as a deviation expense; or
(2)the pilot may expense up to the same number of hotel rooms as in the pilot’s scheduled deadhead.
iii.A pilot who deviates from deadhead travel at the beginning of a trip may check in at the contract hotel a maximum of 2 days early. This hotel use is a deviation expense charged to the pilot’s bid period deviation bank.
iv.A pilot who has a SUB window may use a hotel room at the pilot’s base. This hotel use is an allowable/reimbursable expense charged to the pilot’s bid period deviation bank.
[Note: This option is in addition to Section 25.H.5.c. and e.]
v.When hotel use is an allowable/reimbursable deviation expense:
(a)the pilot is responsible for the pilot’s hotel reservation;
(b)reimbursement shall be limited to the contract hotel rate for the city associated with the revenue portion of the trip; and
(c)authorized expenses shall not be direct billed.
e.Non-Taxable Per Diem
A pilot claiming hotel use as a deviation expense under Section 8.C.3.d.i. or ii. may also claim non-taxable per diem for the period covered by the pilot’s hotel reimbursement claim (i.e., one night hotel use equals 24 hours per diem) and not otherwise covered by per diem for a scheduled trip. This per diem shall be paid at the rate for the city associated with the revenue portion of the trip.
f.Parking
A pilot may claim up to $375 per quarter for parking passes or fees at an airport outside the pilot’s base.
4.Limitations on Deviation Expenses
The following limitations apply to deviation expenses:
a.All deviation expenses shall be paid for using the Company issued Travel Card, unless:
i.the vendor will not accept the card; or
ii.p.133 the vendor has rendered both authorized and unauthorized deviation expenses, and refuses to allow the pilot to pay for authorized expenses with the Company Card and for unauthorized expenses in another manner. In this case, the pilot shall pay the vendor’s bill by personal means, and shall submit an expense report requesting reimbursement for the authorized expenses.
b.Expenses which are otherwise allowable/reimbursable, but which exceed the value of a pilot’s deviation bank are the pilot’s responsibility, and shall be handled in accordance with Section 8.C.5.d.
c.The Company shall pay all fees associated with scheduled deadhead tickets. Fees associated with an unused deviation ticket shall not be allowable unless a Company schedule change was the reason why the ticket could not be used, or had to be changed. These costs/fees shall be handled in accordance with Section 8.C.5.d., and shall be limited to the actual cost but shall not exceed $25 per transaction.
Note: When a deviating pilot arranges for the booking of the pilot’s deviation travel, either via an electronic system(s) or by phone contact with the Company’s travel department or vendor, the Company is responsible for any of the above-listed fees that may be incurred due to the cancellation of the scheduled travel, and/or the booking of the pilot’s deviation travel itinerary. However, in the event the pilot makes any subsequent changes to the pilot’s deviation travel itinerary, and if those changes result in any of the above-listed fees, the pilot shall be responsible for those fees.
d.All deviation travel must be on a commercial carrier, except as specifically authorized otherwise in this Section.
e.Travel claimed as a deviation expense must begin or end within 3 days of the scheduled assignment to/from which the pilot is deviating (e.g., scheduled deadhead, trip or R-day) and must proceed to the intended destination of the deviation with no greater than a 24 hour delay enroute, domestically, and a 48 hour delay enroute internationally.
f.When a pilot claims hotel use in lieu of a scheduled deadhead ticket(s) as provided in Section 8.C.3.d.i. or ii.:
i.the scheduled deadhead ticket(s) establishes a “mini-bank” (i.e., claims based on that ticket(s) are allowable/reimbursable only up to the cost of that scheduled deadhead ticket(s)); and
ii.the value of the deadhead ticket(s) may not be used for any deviation expense other than hotel use (as provided in Section 8.C.3.d.i. or ii.) and non-taxable per diem.
g.p.134 Expenses, other than those identified in this section as authorized, are not allowable/reimbursable (e.g., expenses associated with the use of a personal vehicle (other than allowable parking expenses), telephone, food, newspapers, recreation, etc., are not allowable/reimbursable).
5.Reporting Procedures
a.An expense report shall be submitted if:
i.A deviation ticket is purchased through a Company designated group or department (e.g., Global Travel);
ii.An allowable/reimbursable expense is charged to a Company-issued Travel Card; or
iii.An allowable/reimbursable expense is paid out of pocket.
b.Original receipts (or electronic reproduction thereof) shall be required with the expense report submission. Boarding passes are required for tickets purchased out of pocket. Receipts are not required for allowable/reimbursable expenses under $75 or the applicable IRS maximum, whichever is less.
c.An expense report shall be submitted no later than the end of the subsequent bid period. A pilot shall have access to a DBA balance based on previous bid periods, provided that all previous bid period expense reports have been submitted (including auto submissions).
[Note: this DBA balance is subject to the outcome of each expense report audit by the Company]
d.If a pilot’s allowable deviation expenses for a bid period exceed the value of the pilot’s deviation bank (as adjusted by operation of Section 8.C.2.a.ii., if applicable) for such bid period or if a pilot has incurred unallowable expenses, the Company shall utilize payroll deduction to satisfy the pilot’s balance, subject to the 25% limit expressed in Section 3.E.
e.A pilot shall designate on the pilot’s online expense report any claim for deviation travel expenses incurred while commuting to or from the pilot’s base. The amount of such claim that is allowed/ reimbursed shall be included in the pilot’s income as taxable compensation and all applicable taxes will be withheld.
Section 9: Miscellaneous Flying
A.p.135 General
1.All revenue flying covered by this Agreement shall be performed by pilots on the Master Seniority List. No pilot may fly a revenue flight in a crew position the pilot cannot hold by the pilot’s seniority.
2.If a management pilot bumps a line pilot from the pilot’s scheduled trip or a portion thereof, in accordance with other provisions of this Agreement, the line pilot shall receive the scheduled credit hours and deviation credit, if any, for the trip, or portion thereof, notwithstanding Section 8.C.2.a. (trips flown).
3.If a management pilot flies a trip, or portion thereof, covered by this Agreement and it is not possible to identify the line pilot who would have been bumped and otherwise would be entitled to compensation as described in Section 9.A.2. above, the scheduled credit hours for such trip, or portion thereof, either shall be paid to the Association or offset against monies owed by the Association to the Company pursuant to Section 18.C. The value of any monies owed or offset pursuant to this paragraph shall be determined by multiplying the number of credit hours flown by the average hourly pay rate system wide for the crew status in which the management pilot flew.
4.Disputes arising from the application of Section 9.A.2. and 3., shall be resolved as provided in Sections 20 and 21. In no event shall the Company be required to pay a trip guarantee pursuant to Section 9.A.2. and 3., more than once.
5.Section 9.A.2. or 3., shall not apply to the following non-revenue flights, except to the extent that a line pilot previously assigned is bumped from that flight:
a.publicity flights;
b.scenic flights;
c.ferry flights;
d.experimental flights;
e.engine, instrument, radio or acceptance test flights;
f.humanitarian flights;
g.maintenance flights.
6.The provisions of Section 9.A.2. and 3., shall not apply to:
a.a trip(s) assigned to a management pilot pursuant to Section 12.A.10.g.ii.; and
b.p.136 a trip(s) assigned to a management pilot pursuant to Section 25.P., provided such assignment is made within 9 hours of showtime for a domestic trip, or within 13 hours of showtime for an international trip. Trips shall not be held out of open time to permit assignment under this paragraph.
7.The Company will provide a means, via VIPS or successor automation, for each pilot to indicate the pilot’s willingness to operate humanitarian or publicity flights (PDH assignments) for per diem only, and without any other compensation of any kind. To the extent that PDH assignments are made, those assignments will be made subject to the following, and in lieu of the normal assignments orders prescribed by Section 25.G.:
a.PDH submissions shall be handled on the same bases as for VLT submissions, as provided in Section 25.N.1.;
b.PDH assignments shall be made on the same bases as for VLT assignments, as provided in Section 25.N.2.;
c.The VLT assignment limitations contained in Section 25.N.3.a. through f. shall also apply to PDH assignments.
B.Bid Period Report
1.The Company shall provide to the Association a bid period report of all revenue trips, or portions thereof, covered by this Agreement, performed by pilots other than line pilots. Such report shall include:
a.The pairing number, base, equipment and date;
b.Name and employee number of the pilot who flew the trip;
c.Name and employee number of the pilot who received compensation under Section 9.A.2., if applicable; and
d.Amounts paid or credited to the Association pursuant to Section 9.A.3., if applicable, and the rate of pay and credit hours used to calculate such payment.
2.If applicable, the Company shall submit a negative bid period report.
3.The report referred to in Section 9.B.1., shall be submitted no later than 30 days following the close of the bid period to which it pertains.
C.Except for pilots assigned to the flight test group, line pilots shall not be required to conduct engine-out ferry, test or experimental flights.
D.Except for line pilots assigned to the flight test group who may be required to hold and maintain multiple ratings and qualifications, no line pilot covered by this Agreement shall be required by the Company to maintain currency in more than 1 type rating. This paragraph shall not be construed to prohibit the Company from requiring pilots to maintain qualifications in aircraft with a common type rating.
E.p.137 Flight Project Specialist (FPS) and Technical Advisor/Aircraft (TAA)
1.The duties and conditions of a FPS/TAA shall be at the discretion of the pilot’s manager. Such conditions may include but shall not be limited to dual aircraft and/or seat qualifications, and any attendant special training and certification required. However, those duties and conditions may not contradict provisions of this Agreement.
2.FPS/TAA shall bid for and be awarded a bid line for flying purposes or pay only, as determined by the pilot’s manager, in the pilot’s primary crew position. For purposes of Section 9.E. an FPS’s “primary crew position” means the crew position in which the pilot is currently performing the pilot’s line flying activities (i.e., seniority bid position). Unless released to the line for an entire bid period by the pilot’s manager, a FPS/TAA shall bid pay only, and shall be awarded a BLG/RLG and compensated as follows:
a.In addition to all other compensation to which the pilot is entitled, an FPS/TAA shall receive a bid period override commencing with the first month in the program. An FPS/TAA on extended sick leave, incapable of performing duties as assigned, shall have the pilot’s FPS/TAA override suspended effective 90 days from the first day of the bid period following the pilot’s sick election in VIPS. The pilot’s Bid Period Override will be resumed when the pilot is off sick status.
The bid period override shall be as follows:
Year 1 = $1,500
Year 2 = $1,600
Year 3 = $1,700
Year 4 and above = $1,900
b.An FPS shall receive an additional $300 per bid period if the pilot is required to maintain qualification in more than one aircraft.
c.An FPS/TAA who performs FPS/TAA duties on a day(s) off in excess of the duty requirements contained in Section 9.E.5.b., shall be compensated as follows:
i.For work involving flight deck duties, a pairing shall be constructed and the pilot shall earn trip guarantee at 150% of the pilot’s normal pay rate, when the pilot blocks out on such pairing; and
ii.For each additional work day not involving flight deck duties the pilot shall earn R-day value.
iii.Failure to block out will result in showpay.
3.An FPS/TAA who elects to resign the pilot’s position must notify the pilot’s manager at least 3 bid periods in advance.
a.p.138 The notification period may be reduced at the discretion of the pilot’s manager.
b.The FPS/TAA may be retained in the program for up to 3 months beyond the pilot’s desired resignation date at the discretion of the pilot’s manager, or 6 months by mutual consent.
c.The FPS/TAA is eligible to participate, without restriction, in any System Bid which closes subsequent to the effective date of the pilot’s resignation.
d.The crew position of an FPS/TAA who resigns, or is released from the pilot’s FPS/TAA status absent an open System Bid or FTPA crew position, shall be determined by comparing the pilot’s system-wide seniority against the results of the most recent System Bid. If the pilot is awarded or assigned a different crew position than the pilot’s current crew position, the pilot’s training, or base transfer activation, shall be determined in the same manner as provided in Section 13.A.6.e.
4.An FPS/TAA pilot holds the pilot’s FPS/TAA position at the discretion of the pilot’s manager.
5.During each bid period, the Company shall construct a work day schedule for each FPS/TAA, as follows:
a.An FPS/TAA may designate days free from duty as follows:
i.Up to 5 days off, which may not be in more than 2 blocks, in a 4 week bid period;
ii.Up to 7 days off, which may not be in more than 2 blocks, in a 5 week bid period; or
iii.Up to 8 days off, which may not be in more than 2 blocks, in a 6 week bid period.
The pilot may provide primary and secondary requests regarding which specific days shall be the pilot’s inviolate days off, and the Company shall accommodate those requests in seniority order. The Company shall make all reasonable efforts to award a pilot’s requested days off by seniority.
b.The maximum number of duty days on an FPS/TAA’s bid period schedule shall not exceed the maximum number of R-days in the bid period. In addition, an FPS/TAA may have up to 5 days of carryover, if bid. Carryover days will be paid only if work is available, as determined by the manager.
c.If an FPS/TAA is working consecutive months in pay only status, the pilot may work the carry over portion in either month, provided enough work is available, as determined by the pilot’s manager.
d.p.139 An FPS/TAA, bidding in a pay only status, shall be notified of the pilot’s bid period schedule by 1700 LBT on the Friday prior to the beginning of the bid period.
e.Additional work days may not be scheduled without an FPS/TAA’s consent. If the FPS/TAA performs assigned duties on a day previously scheduled free from duty, the pilot shall be entitled to compensation as per Section 9.E.2.c., as applicable.
f.An FPS/TAA may operate open time assignments (e.g., M/U, VLT or DRF), in the pilot’s primary crew position provided such assignments do not conflict with the pilot’s scheduled work days. An FPS/TAA operating as a line pilot shall only operate revenue trips in the pilot’s primary crew position.
g.When an FPS/TAA is positioning to or from a location other than the pilot’s assigned base, the class of service for the pilot’s deadhead will be as provided in Section 8.
h.Bid periods in which an FPS/TAA is scheduled for an awarded vacation shall be line flying bid periods to the extent practical. An FPS/TAA, however, who performs FPS/TAA duties during a month in which the pilot has vacation shall have the pilot’s bid period schedule reduced, day for day, by the number of days in the pilot’s vacation period. The pilot’s vacation bank shall be reduced by an R-day value for each day of vacation. An FPS/TAA:
i.May adjust the pilot’s vacation period by sliding it up to a maximum of 5 days in either direction, in accordance with Section 7.
ii.Shall receive, if requested, a 48 hour duty free vacation buffer at each end of the pilot’s vacation period. A vacation buffer shall not extend outside the bid period(s) in which the vacation occurred. A vacation buffer shall not create a conflict with a trip that began in the previous bid period.
i.An FPS/TAA on sick leave shall have the pilot’s sick bank reduced by R-day value for each work day missed due to sick.
6.An FPS/TAA pilot is eligible to participate in System Bids that close during the pilot’s tenure as an FPS/TAA pilot, but will not receive an actual award without a release from the pilot’s manager. Flight Project Specialist and Technical Advisor/Aircraft Pay Adjustment (FTPA) shall be administered in accordance with Section 11.Q. (Check Airman/Instructor Pilot Pay Adjustment (CIPPA)), as if the FPS/TAA were a Check Airman or Instructor Pilot.
7.Non-FPS/TAA Pilot Performing FPS Duties
With the pilot’s concurrence, a qualified pilot who is not an FPS may be assigned FPS duties.
a.p.140 If the pilot’s FPS duties conflict with a trip(s), the pilot shall be removed from that trip(s) and shall earn trip guarantee. If the number of trip days removed exceeds the number of days on which the pilot performed FPS duties, the pilot may be scheduled for additional FPS duties to make up the excess days.
b.If a pilot performs FPS duties on a day off, the pilot shall be compensated as follows:
i.For work involving flight deck duties, a pairing shall be constructed and the pilot shall earn trip guarantee at 150% of the pilot’s normal pay rate, when the pilot blocks out on such pairing; and
ii.For each additional work day not involving flight deck duties the pilot shall earn R-day value.
iii.Failure to block out will result in showpay.
c.A pilot shall receive an additional $300 per bid period for each bid period in which the pilot performs FPS flight deck duties.
F.Quality Assurance (QA) Program
To the extent that the Company continues to operate a Quality Assurance (QA) Program, the following shall apply to any pilots designated as QA Observers:
1.QA Observers
a.QA Observers shall not be Management pilots, Check Airmen, or Instructor Pilots.
b.QA Observers shall be designated as TAAs.
c.A QA Observer shall be designated as an Additional Crew Member (ACM) (for priority purposes only) on the FP/R for any flight on which the pilot is assigned by the Company to perform duties associated with the QA Program. This designation shall not be construed as eroding the authority of a Pilot-in-Command (PIC) under relevant FAA regulations and interpretive guidance and/ or under relevant provisions of the Company’s Flight Operations Manual concerning access to the cockpit.
2.QA Observations
a.Line checks, operating experience, or other training flights shall not be used to conduct a QA Observation.
b.Observation of cockpit activities shall be conducted on a voluntary basis.
i.Before conducting a QA Observation, the QA Observer will first ask the PIC for permission to conduct a QA Observation.
ii.p.141 If the PIC decides not to participate in the QA Observation, the QA Observer will not conduct an observation during the flight.
iii.The QA Observer may occupy a cockpit jumpseat, subject to the PIC’s authority concerning access to the cockpit.
iv.If a cabin (i.e., non-cockpit) jumpseat is available, the QA Observer may occupy that cabin jumpseat on the flight.
c.Identified information related to a QA Observation, including any data, a pilot’s statements, performance, and actions observed (including a PIC’s decision to not participate in the QA Observation) shall not be used in any Section 19 or related Section 21 proceeding.
d.Identified information related to a QA Observation including any data, a pilot’s statements, performance, and actions observed (including a PIC’s decision to not participate in the QA Observation) shall not constitute grounds for placement in any Section 11 process, any Enhanced Oversight Program, or any other similar program and/or training.
3.The QA Program shall ensure the confidentiality and anonymity of individual crewmembers. Under no circumstances should it be possible to connect or otherwise identify individuals or a crew that operated a flight on which a QA Observation was conducted.
4.QA Program Informational Meetings
a.Unless otherwise agreed by the parties, the Company and the Association (two representatives designated by the MEC Chairman, or their designees) shall meet on at least a quarterly basis for an in-depth briefing on the QA Program (QA Program Informational Meeting). The briefing will include current issues being studied along with any operational or procedural changes made because of the QA Program, since the last QA Program Informational Meeting.
b.The Association’s representatives shall be provided with de-identified data collected pursuant to the QA Program and the results or analyses of those data pertaining to items being discussed during the QA Program Informational Meetings.
c.The Association’s representatives must sign an agreed-upon nondisclosure agreement prohibiting the use or disclosure of QA Program data to anyone other than the Company or ALPA without the written consent of the Vice President of Flight Operations.
d.The Association’s representatives must also complete training, to be provided by the Company, on the Company’s QA Program, including how to collect and analyze QA Program data.
Section 10: Pilots Transferred to Management or Other Duties
A.p.143 A pilot who transfers to or occupies a management position within the Company, or who assumes duties for Air Operations other than flying covered by this Agreement, shall retain and continue to accrue seniority, longevity, insurance and retirement benefits consistent with this Agreement.
B.A pilot covered by Section 10.A. may not bid and be awarded a published line of flying covered by this Agreement.
C.A pilot returning from duty or assignment covered by Section 10.A. shall have the pilot’s crew position determined as provided in Section 10.D., provided that:
1.the pilot has not forfeited the pilot’s seniority as provided in Section 22.B.1.e. (failure to return after leave of absence); and
2.the pilot has not been discharged by the Company; and
3.the pilot meets the requirements outlined in Section 24.A.3. (medical and professional certifications) for the appropriate crew seat.
D.When a pilot returns from duty or assignment covered by Section 10.A., to flying covered by this Agreement, the Company shall designate the pilot as eligible to bid for a bid period flying schedule by listing the pilot’s name in seniority order in the appropriate bid period package. Such pilot’s crew position and training shall be determined in the same manner as a pilot returning from a leave of absence pursuant to Section 13.A.6.
Section 11: Training
A.p.145 The Company and Association shall hold meetings semi-annually, or more frequently if requested by the Company or MEC Chairman, to share data, statistics, and information related to training standards.
1.Establishment of training requirements and performance standards shall be specified in the appropriate Flight Operations Manual (FOM) and AQP source documents or in the Training and Procedures section of the applicable Company Flight Manual (CFM).
2.The Company shall meet with the ALPA Training Committee regarding training requirements included in AQP source documents at times and locations agreed upon by both parties.
3.When AQP source documents are revised, the Company shall provide copies of the revised documents or a list of changes for the documents to the MEC Training Committee and Representation Department at least 2 weeks prior to submission to the FAA and at least 30 days prior to the effective date of the document revisions, when feasible.
a.The Association’s Training Committee Chairman and the Managing Director of Air Operations Training shall agree upon any changes.
b.In the event that the parties fail to reach an agreement, the issue will be submitted to the Vice President of Air Operations Training for resolution. Provided the required notice has been given, if this process is not completed before the projected date of implementation, the Company may implement the changes.
B.Classification and Special Instruction Materials
1.The following comprise the classifications of pilot training:
a.Initial new hire training;
b.Initial training;
c.Transition training;
d.Upgrade training;
e.Downbid training;
f.Continuing qualification training;
g.Requalification training;
h.Other training:
i.Differences training;
ii.Human factors training;
iii.Training for proficiency;
iv.Train ing to proficiency;
v.Training required by FAA regulations or Company policy.
2.p.146 Special instruction materials are designed to allow pilots to review recent developments, address FAA suspense items, or complete required corporate training (e.g., workplace violence, information security, EEO, etc.).
a.The aggregate total of special instruction materials shall not exceed 3 hours in length measured over a calendar year. The Company and the Association’s Training Committee shall jointly determine the methodology for determining compliance with this provision.
b.The Company shall provide notice of the issuance of special instruction materials via Flight Crew Information File (FCIF) or other communications methods to be designated by the Company, and pilots shall be given a deadline, but not less than 30 days, to review/accomplish the materials.
c.Failure to complete that material shall result in unpaid removal from any activities until completion of the material, except in cases of exceptional circumstances as determined in the sole discretion of the System Chief Pilot, or designee. The Company shall provide a VIPS notification to all pilots who have not completed such training at least 5 days prior to the deadline.
C.Pilot Qualifications For Training
1.A pilot entering training for a Captain or First Officer crew seat shall possess and maintain currency of the following certificates:
a.An Airline Transport Pilot Certificate (ATP); and
b.An FAA First Class medical certificate, as provided in Section 15.A. (Medical Standards).
2.The provisions of Section 11.C.1. may be revised by the Company to the extent necessary to comply with governing law and regulation.
D.Notice of Training
1.ITU Training
A pilot shall receive notification of the pilot’s initial, transition, or upgrade (ITU) training start date consistent with Section 24.D.4. Notice shall be given through FCIF or other communications methods to be designated by the Company.
2.Continuing Qualification Training
Each bid period package shall contain a list of pilots who require continuing qualification training or differences training not in conjunction with any other training. The type of training required and, if applicable, available class dates and times (sessions) shall be communicated in VIPS or through other communication methods to be designated by the Company.
a.p.147 Dates and times (sessions) available for that training shall be published in the bid period package.
b.A pilot shall bid for specific training sessions through VIPS. The Company shall process those bids in seniority order as provided for in Section 25.C.12.
3.The Company shall provide pilots with 5 days’ notice in all classifications of training other than those referred to in Section 11.D.1. and 2.
E.Scheduling of Training Events for Trainees
1.Ground Training Events
a.A pilot shall bid for specific continuing qualification or differences training sessions. Those bids shall be processed as provided in Section 25.C.12.
b.With the pilot’s consent, a pilot may be scheduled for training, other than ITU training, on a day previously scheduled free of duty provided that the pilot still receives the minimum number of days free of duty for the bid period. This paragraph shall not apply to training scheduled by the pilot (e.g., distance learning).
c.A pilot shall not be assigned to any training event excluding operating experience (OE) or required to travel to or from training on the day before Thanksgiving Day, Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve, or New Year’s Day except:
i.Pilots may be assigned to travel from training to base on the day before Thanksgiving Day, Christmas Eve and New Year’s Eve, provided they are scheduled to arrive by 1600 LBT; and
ii.Pilots may be scheduled for training at their base on the day before Thanksgiving Day, Christmas Eve, and New Years’ Eve provided the training is scheduled to terminate prior to 1400 LBT on that day.
iii.These restrictions may be waived at the pilot’s option.
d.A pilot shall not be required to train or travel to or from training, other than ITU training, during the pilot’s awarded vacation period(s). A pilot removed from a trip(s) for vacation shall not have any recurrent training scheduled during the scheduled days of the trip(s) or the scheduled days off between those trips in the pilot’s pre-month or due-month unless the pilot initiates a request for recurrent training date(s). This paragraph shall not apply to the scheduling of additional training for a pilot who has incurred a training failure.
e.A pilot shall have at least the following number of days off during initial new hire and ITU training, excluding OE:
i.A minimum of 2 consecutive days off within each 7 consecutive days of training in the Systems and Procedures phases.
ii.p.148 In the Maneuvers and Operations phases, the Company shall plan to give the pilot 1 day off following 4 consecutive days of simulator or aircraft training; in every case, a pilot shall receive at least 2 days off following 5 consecutive days of such training.
iii.For initial and transition training programs that are scheduled for longer than 20 training event days (not to encompass OE), a pilot, other than a pilot in initial new hire training, shall receive one block of 6 consecutive days free from duty to be assigned near the midpoint of the pilot’s training program.
iv.A new hire pilot shall receive 7 consecutive days free from duty following completion of OE.
f.A day of classroom training shall not be scheduled to exceed 8 hours excluding a 1 hour lunch break. A 5 minute break shall be provided during each hour of instruction. A 1 hour lunch break shall be afforded following approximately 4 hours of instruction. A day of CBT shall not exceed 8 hours for recurrent/continuing qualification and 6 hours for ITU.
g.When a pilot is assigned to train at a location other than the pilot’s base, every day beginning with the first day of travel and ending on the day of return shall be considered a duty day for scheduling and compensation purposes. A pilot traveling to/from training shall be scheduled for deadheads in accordance with Sections 8 and 12 as if the pilot were deadheading to/from normal revenue line operations, and:
i.Upon arrival at the training location, the pilot shall be given a 12 hour duty free period prior to commencing any brief or training; and
ii.At the completion of any brief or training, the pilot shall be given a 12 hour duty free period before being scheduled for return travel to the pilot’s base.
h.The following shall apply to a pilot receiving training in a simulator or flight training device (or aircraft in lieu thereof):
i.The pilot shall not be scheduled for more than 5 consecutive hours of training, excluding brief and debrief.
ii.After approximately 2:30 hours, a physiological comfort break shall be provided. During training periods longer than 3 hours, the pilot shall receive a break at approximately the mid-point of training, unless conducted in an aircraft.
iii.If in an aircraft:
(a)Catering will be provided in accordance with Section 5, as if the training flight is a scheduled bid line trip.
(b)p.149 Show time and release time shall be 1 hour prior to block-out and 30 minutes following block-in, respectively.
iv.A pilot shall receive a duty free period of at least 12 hours between each period of training.
v.In ITU training, the pilot shall maintain the pilot’s originally scheduled simulator period over consecutive days. The Company may revise the period to either the immediate earlier period or immediate subsequent period, once during the consecutive days. Any further revision during the consecutive days is limited to a return to the originally scheduled simulator period. This paragraph shall not apply to extra training (ET) administered following a training failure, or to training administered following an “incomplete” event.
vi.The provisions of this paragraph do not apply to OE.
i.Prior to and upon completion of ground school or simulator training, a pilot shall receive a minimum of 12 hours off. This buffer may be reduced operationally, by mutual agreement of the pilot and the Duty Officer.
j.The Company shall not require a pilot to conduct or complete distance learning or other special instruction materials within an individually customized time period other than a general deadline for the applicable group of pilots.
k.Time limits and protection of days off and holidays contained in Section 11.E.1., except for Section 11.E.1.h.v., may be waived by mutual agreement of the pilot and the Company.
2.Flight Training Events/Operating Experience (OE)
a.An OE trip, including brief and debrief, shall comply with the duty limitations provided in Section 12 (Hours of Service), for the base from which the first operating (i.e., not deadheading) leg of the trip was scheduled. Duty limitations may be waived by the pilot up to optional assignment limitations.
b.A pilot shall receive a duty free period of at least 18 hours prior to the start of OE. Once a pilot’s OE has commenced the pilot’s scheduling shall be governed by the provisions of Section 12.
c.Notwithstanding Section 12.B.1.a., the duty period containing the first operational leg (i.e., not deadheading) of OE shall have a showtime of 1:30 prior to scheduled block-out for all pilots assigned to the duty period. For the purposes of Sections 4 and 12, these additional 30 minutes of showtime shall not be considered a standby period but will count as duty.
3.p.150 Scheduling of Currency or Qualification Maintenance
A pilot who requires a training or validation/evaluation event in order to maintain currency or qualification may be scheduled for that event on a day(s) previously free from duty with the pilot’s consent, provided the pilot is not scheduled to exceed the minimum days off requirement as described in Section 25.D.1.b. The minimum day off requirement may be waived by mutual consent of the pilot and the Company.
F.Pay for Training
Pay for training shall be as provided in Sections 3 and 4 of this Agreement.
G.Performance Standards
1.A pilot shall not have completed CBT/LMS until the pilot scores 100%.
2.The required minimum score on any written or electronic exam is 70%, unless a higher score is required by the FARs or AQP source documents.
3.Validation/evaluation events will be recorded as overall satisfactory (S), unsatisfactory (U), or marked as incomplete (I).
4.If a first validation/evaluation event in any phase is unsuccessful, an instructor’s recommendation is required for the second validation/evaluation event in that phase.
H.The Training Review Board (TRB)
1.General Decision-Making
The TRB is established to resolve situations involving individual pilots in training.
The TRB shall be governed by a train to proficiency philosophy for pilots in training. Individual pilots will be dealt with on a case by case basis, without regard to past precedent. If reasonable progress is being made and there is reason to believe the pilot will ultimately be successful, training is usually extended. The overall goal of the TRB is the continuing improvement and quality assurance of the Company’s training program. The TRB shall make its decisions and recommendations based on consensus (i.e., Consensus of the Training Review Board).
2.The TRB shall be notified following the failure of any validation/evaluation event or failure to achieve any required recommendations. The appropriate training manager administers remedial training in accordance with TRB prescriptions.
3.The TRB shall meet to consider any of the following situations (for which there are no remedial training prescriptions):
a.The election of a pilot to withdraw from training on or after the first day of training;
b.A failure of TRB assigned additional training;
c.A failure to be recommended for a validation/evaluation event;
d.p.151 A second failure of an evaluation event;
e.A failure to complete recurrent downbid training (Section 11.J.6.);
f.At the discretion of the TRB, a failure of an evaluation event while enrolled in the Enhanced Oversight Program (EOP);
g.If a pilot is initially covered under the ASAP program, but is ultimately excluded from the program as provided in the ASAP MOU, the pilot’s case shall be referred to the TRB for any necessary requalification training (as provided in Section 26.Y.4.); or
h.Training irregularities (e.g., ITU, recurrent) that occur during a pilot’s probationary period, provided however, that the TRB’s involvement does not limit the Company’s rights to apply Section 22.B.1.f.
4.Except in extenuating circumstances, the TRB shall confer within 2 business days following the occurrence of an event that requires a TRB meeting.
a.The TRB shall conduct activities in strict confidence. TRB meetings shall be restricted to TRB members unless all TRB members agree otherwise, on a case by case basis. If a non-TRB member(s) is permitted at a TRB meeting, such attendee(s) shall be bound by the same confidentiality requirements that are applicable to the TRB members.
b.The Company shall provide the TRB members and the pilot with copies of the pilot’s training records and any other documents pertaining to the matter no later than 2 business days prior to the TRB meeting.
c.The pilot shall have the right to make a presentation and to offer input to the TRB. The pilot may be required to appear before the TRB. Any time a pilot appears before the TRB, at the pilot’s request, an Association representative may observe the proceedings during the time of the pilot’s presence.
d.When necessary, Association TRB members shall be removed from activities to attend TRB meetings as provided in Section 18.A.2.a.
5.The TRB shall have broad discretion in the action to be taken by individual pilots and the Company. TRB meetings shall occur in the manner agreed upon by TRB members (e.g., in person, telephonically, electronically, etc.). Action may include, but is not limited to:
a.Additional training;
b.Change of instructor;
c.Change of support pilot;
d.Change of training times;
e.p.152 Change of training location;
f.Removal of pilot from ITU/recurrent training;
g.Crew position freezes;
h.Crew position reassignment consistent with the pilot’s seniority, based upon the same or a subsequent System Bid;
i.Individual plans for requalification training, which may include crew position assignment, duration of freeze, and/or training plan;
j.Referral to MEC Pilot Assistance Committee;
k.Referral to System Chief Pilot, who shall address the pilot’s case as circumstances warrant;
l.Pilot counseling;
m.Enrollment in the EOP;
n.Other.
6.In the absence of a consensus concerning TRB recommended actions, the SCP shall use best efforts to broker a consensus among the members of the TRB. In the event consensus cannot then be reached, the SCP shall determine the resolution. In the event the SCP is not on the Master Seniority List, the Company shall designate a member who is on the Master Seniority List to perform these functions.
7.If a pilot disagrees with the TRB’s decision, the pilot may appeal such to the SCP.
8.If the TRB authorizes additional training and if, after additional training, the pilot is still unable to progress further in the training program or unable to pass the required tests or validations/evaluations, the pilot’s matter will be referred back to the TRB for disposition. When a case has been referred back to the TRB after an earlier decision has not produced the desired results, the TRB may direct additional actions, (including referral to the SCP).
9.The deliberations and decisions of the TRB shall be non-precedential and shall not be discoverable, referenced or introduced as evidence in any grievance proceeding or arbitration involving any pilot other than the pilot to whom the TRB deliberations and decisions pertain.
10.Pilots frozen in their crew position or in any way restricted from freely exercising their seniority rights shall not be eligible for System Bid awards for the duration of such freeze. Upon written request from the pilot, the SCP shall review crew position freezes approximately at the midpoint of the freeze for reconsideration.
I.Enhanced Oversight Program (EOP)
1.The EOP exists to ensure that pilots who have demonstrated, notable deficiencies during training or evaluation events maintain the required Company standards after remediation has been completed.
2.p.153 Pilots will normally be enrolled into the EOP following a validation/evaluation grade of unsatisfactory. The Training Review Board (TRB) may also enroll a pilot in the EOP.
3.The period of the EOP enrollment will normally extend 12 months from the date successful remediation is complete. However, should a subsequent evaluation/validation failure occur during the pilot’s enrollment period, the pilot’s enrollment may be extended to a date beyond the initial 12 months as determined by the TRB.
4.Pilots entering the EOP will be advised via VIPS notification of their enrollment. Assuming no deficiencies are noted during a pilot’s EOP enrollment, the pilot will be released from the EOP and advised via VIPS notification.
5.The 4 principal members of the TRB will comprise the Enhanced Oversight Group (EOG), and will have direct access to, and will jointly manage the EOP list. The EOG will confer on a quarterly basis to review the EOP list and to ensure its accuracy.
J.Withdrawals, Removals, Freezes and Reassignments
1.A pilot may elect to withdraw from training at any time.
2.If the pilot elects to withdraw from training prior to the pilot’s award or assignment to a monthly training slot, the election will be reviewed by the System Chief Pilot (SCP).
a.If extenuating circumstances exist, the pilot will return to the pilot’s current crew position and shall incur no crew position freeze.
b.If extenuating circumstances do not exist, the pilot will return to the pilot’s current crew position, and may incur a crew position freeze of no longer than 3 years from the date of the election of the withdrawal.
3.If the pilot elects to withdraw from training after the pilot’s award or assignment to a monthly training slot, the election will be referred to the TRB, who will meet and review it. Provided that the TRB agrees with the election, the TRB shall make decisions regarding requalification but shall also refer the case to the SCP for possible imposition of a crew position freeze (of no longer than 3 years from the date of the withdrawal election).
4.If, due to a withdrawal or removal from training, a pilot would otherwise return to the pilot’s current crew position but is unable to do so because the position is unavailable for one of the following reasons, the pilot’s situation shall be addressed as provided in Section 11.J.5. below. A pilot’s current crew position is unavailable if:
a.between the closing date of the bid on which the pilot was awarded the position for which the pilot is training and the date on which the pilot would otherwise return to the pilot’s current crew position, p.154 a more senior pilot has been assigned from the current crew position of the pilot in training; or
b.the pilot’s current crew position no longer exists (e.g., the pilot’s base has closed); or
c.the pilot is ineligible to hold that position due to a legal restriction (e.g. regulated age, medical restriction).
5.If a pilot is unable to return to the pilot’s current crew position because that position is unavailable as provided in Section 11.J.4., the following shall apply:
a.the pilot shall be awarded a crew position in the same crew status as the pilot’s most recent crew position, provided the pilot has sufficient seniority to hold that position; or
b.if the pilot is unable to designate a crew position in accordance with Section 11.J.5.a., the pilot shall be awarded a crew position the pilot chooses, consistent with the pilot’s seniority; or
c.if the pilot’s seniority does not enable the pilot to hold a crew position under Section 11.J.5.a. or b., the pilot’s employment status shall be determined by the Vice President, Flight Operations, consistent with the seniority and qualifications of the affected pilot.
6.After the second consecutive failure of a recurrent validation/evaluation event(s), a Captain may elect to downbid to the F/O crew seat in the aircraft and base in which the pilot was qualified as Captain. If the pilot completes that training the pilot shall be frozen for 2 years in that crew position, and shall not be eligible for System Bid awards for the duration of such freeze. If the pilot does not complete that training, the pilot’s case shall be addressed by the TRB.
K.Continuing Qualification Training
1.Ground Training
A pilot shall be required to satisfactorily complete the following recurrent training activities as required by airplane specific AQP source documents and the FARs:
a.A pilot qualified in an aircraft type may require classroom ground school training.
b.A distance learning program may be used in lieu of classroom training. Completion of any Company required home study entitles the pilot to pay in accordance with Section 4.I.4.d. The pilot shall complete recurrent distance learning by the 23rd day of the pilot’s grace month or 48 hours prior to the start of any activities scheduled to terminate after the expiration of such month, whichever is earlier. Failure to complete that training shall result in unpaid removal from any activities until completion of the distance learning.
2.p.155 Line Check Requirements. Line checks shall be administered by an appropriately qualified Check Airman or an FAA Air Carrier Inspector.
L.Requalification Training
1.If a pilot fails to meet the recency of experience requirements (becoming noncurrent) the pilot shall be re-qualified in accordance with AQP source documents. However, a pilot whose landing currency has lapsed, while away from base on a trip, may continue by performing the duties and responsibilities of a Relief Flight Officer (RFO/RF2) only. This provision shall only be applicable in the event of extenuating circumstances (e.g., trip revision). Upon completion of that trip the pilot must complete requalification training before being assigned to any further activities.
2.If a pilot fails to complete recurrent training within the pilot’s eligibility period (becoming overdue) the pilot shall be requalified in accordance with AQP source documents.
3.[Reserved]
4.Failure to complete requalification training shall be addressed by the TRB.
5.If a pilot is in an unqualified status due to recurrent training failure, and has an interruption in training (e.g., sick leave, leave of absence, disability), the pilot must complete the requalification training previously underway before the pilot is eligible for an award of any other crew position.
M.Check Airmen (PCA/LCA/SCA/APD)
1.A Check Airman who evaluates and instructs Captains and/or First Officers shall:
a.Be cur rently qualified in the Captain crew status; and
b.Hold the Captain crew status, if an LCA, SCA, or APD; and
c.Except as provided in Section 11.O.; have a minimum of:
i.300 hours as PIC in the aircraft in which the pilot performs LCA duties if it is the pilot’s first Company employment as an LCA; or
ii.150 hours as PIC in the aircraft in which the pilot performs LCA duties, if the pilot has been an LCA within the last 5 years.
2.A Check Airman who evaluates Captains may also conduct line evaluations on other crew seats in that aircraft type. When a Captain or First Officer is being evaluated, all other crew seats are also being evaluated. This provision shall not be construed to permit an F/O PCA to conduct Line Checks.
3.p.156 The duties and the conditions of a Check Airman’s employment shall be at the discretion of the appropriate Standards or Training Manager, however, those duties and conditions may not contradict provisions of this Agreement. Check Airmen hold their positions at the discretion of the appropriate Standards or Training Manager.
4.Check Airmen may be qualified as a PCA, LCA, SCA, and/or APD.
5.A Check Airman who is bidding for flying purposes shall bid on and be awarded a bid period schedule in accordance with the provisions of this Agreement.
6.The number of pay only months for an LCA shall not exceed 2 per calendar year unless waived by the LCA. The following shall apply for an LCA when the pilot is bidding in a pay only status in order to perform LCA duties:
a.When assigned flight duties in an aircraft (other than fly days), the maximum number of duty days on an LCA’s schedule shall be determined by dividing the pilot’s pay only BLG/RLG by 6:24 CH rounded to the nearest whole number, provided the maximum number of duty days shall not exceed the maximum number of R-days in the bid period. The minimum number of duty days shall be 12 in a 4-week bid period, 15 in a 5-week bid period and 19 in a 6-week bid period.
b.The pilot may designate up to 5 days off in a 4-week bid period, 7 days off in a 5-week bid period and 8 days off in a 6-week bid period (which may not be in more than 2 blocks) on the pilot’s awarded schedule to be days free of duty on the pilot’s revised schedule. The pilot may provide primary and secondary requests for the specific days off, and the Company shall accommodate 1 of those requests. If 2 or more LCAs request the same days off, those requests shall be considered in seniority order.
c.The pilot shall be notified of the pilot’s pay only schedule as soon as practicable, but at least 72 hours prior to commencement of the bid period.
d.The Company may reschedule an LCA on a trip by trip basis to perform LCA duties with prior approval from the appropriate Flight Training Manager, or designee. The pilot shall be given at least 8 hours’ notice prior to a domestic trip or 12 hours’ notice prior to an international trip. An LCA shall not be required to work on a previously scheduled day(s) off without the pilot’s consent.
e.The notice required in Section 11.M.6.c. and 11.M.6.d. may be waived at the LCA’s option.
f.Any reserve days on an LCA’s schedule shall be scheduled in accordance with Section 11.N.14. and 15., however assignments shall be limited to training events only.
7.p.157 The Company shall not place a Check Airman in pay only status for more than 2 consecutive bid periods without the pilot’s concurrence. However, if it is necessary to place a Check Airman (except for those qualified only as LCAs) in pay only status for more than 2 consecutive bid periods, the Company may fill those requirements in inverse seniority order.
8.In order to provide an opportunity for pay only Check Airmen to maintain line proficiency in their respective aircraft, the following shall apply to all Check Airmen, except those qualified only as LCAs:
a.During a Check Airman’s third consecutive pay only bid period, the pilot shall be scheduled for 2 PDO fly days in lieu of scheduled training events, subject to the limitations contained in Section 11.M.9. (PDO Bid Period). Due to the lengths of trips in certain domiciles, PDO fly days may be pooled to accommodate a trip longer than 2 days.
b.During a Check Airman’s fourth consecutive pay only bid period, the pilot shall have eligibility equal to the CH value of 2 R-days (or a minimum of 4:30 CHs/day) available to the pilot in the Secondary Working Window (SWW, see Section 25.E.6.) (SWW Bid Period). The Check Airman’s schedule shall include 2 fewer instructional days in an SWW Bid Period, unless deferred in accordance with Section 11.M.10.b.
c.For each additional consecutive pay only bid period, the Check Airman’s proficiency flying eligibility shall alternate between PDO and SWW Bid Periods. When a Check Airman flexes back to line flying (i.e., is awarded a line for flying purposes) and the pilot subsequently flexes back to the pilot’s instructional duties (i.e., is awarded a line for pay only purposes), the pilot will again be eligible for proficiency flying after the pilot’s 3rd consecutive pay only bid period. However, the pilot will resume the alternating proficiency flying pattern established when the pilot was last eligible for proficiency flying.
Example: A Check Airman is scheduled for 4 consecutive pay only instructional bid periods (January, February, March, and April). March shall be a PDO Bid Period and April shall be a SWW Bid Period.
Example: A Check Airman is scheduled for 3 consecutive pay only instructional bid periods (January, February, and March). March shall be a PDO Bid Period. In April, the Check Airman is flexed back to line flying. The Check Airman is flexed back to instructional activities in May and is scheduled for 4 consecutive pay only bid periods (May, June, July, and August). July shall be a SWW Bid Period and August shall be a PDO Bid Period.
d.p.158 In order to maintain currency, proficiency with line operating policies and procedures, and enhance the pilot’s professional capabilities, each Check Airman shall seek to attain 100 block hours (reducible by 2 hours per landing) per calendar year in the crew status in which the pilot conducts training.
e.When a Check Airman’s schedule includes a combination of instruction/evaluation flying events, and simulator and/or ground training events (i.e., “combo line”), that schedule shall not be considered as a “pay only bid period” for the purposes of Section 11.M.8.
9.The following shall apply to all Check Airmen, except for those qualified only as LCAs, during a PDO Bid Period:
a.A Check Airman may bump another pilot from the pilot’s assigned trip(s) in order to maintain the pilot’s proficiency in the crew status in which the pilot conducts training.
b.No pilot may be bumped without the pilot’s consent.
c.Check Airmen may PDO bump a pilot in any base.
d.A Check Airman may bump a seat in which the pilot is qualified but cannot hold based on the pilot’s system seniority, but only if an LCA, SCA, or PCA (who is a Captain by seniority) occupies the other seat.
10.The following shall apply to all Check Airmen, except for those qualified only as LCAs, during a SWW Bid Period:
a.A Check Airman’s schedule shall include 2 fewer days, unless deferred as provided in Section 11.M.10.b. below;
b.A Check Airman may defer the schedule reduction that otherwise would occur, in accordance with Section 11.M.10.a., in order to be entitled – in a subsequent, pay only bid period – to an aggregate schedule reduction of no more than 8 days.
Example: A Check Airman is placed in pay only status for a third consecutive bid period (which, based on the pattern established in Section 11.M.8., is an SWW Bid Period), and as such is entitled to a 2-day schedule reduction. The pilot elects to defer that reduction, so the pilot’s instructional schedule is not reduced. During the pilot’s next SWW Bid Period, the pilot elects not to defer, and also elects to use the previously deferred 2-day reduction. The pilot’s training schedule for that bid period will be reduced by a total of 4 days.
c.A Check Airman will have corresponding proficiency (PRO) flying eligibility during the SWW (see Section 25.E.6.) as follows:
i.For each day by which a pay only Check Airman’s schedule is reduced, as provided in Section 11.M.10.a., as applicable, p.159 the CH value of an R-day (or a minimum of 4:30 CH) shall be available for participation in the Secondary Working Window (SWW) (See Section 25.E.6.), and a corresponding, temporary BLG reduction shall also occur (subject to the proficiency flying/secondary line process immediately below);
ii.The eligibility will also include the CHs previously deferred as provided in Section 11.M.10.b. above, but in no case shall the eligibility exceed 36 CH (at which time the pilot must exercise the pilot’s PRO flying eligibility);
iii.During the SWW, this eligibility may be used to preference trips from open time, which will be assigned using the PRO assignment code. The pilot may not voluntarily use, toward the pilot’s secondary line construction, standby trips, R-day blocks, or Relief Flight Officer (RFO/RF2) trips. The PRO assignment code will have the same pay characteristics as TRP;
iv.PRO eligibility shall be exercised at the pilot’s relative seniority;
v.PRO eligibility may be exceeded by as much as 9 CH for each bid period in which such eligibility is exercised; and
vi.When a Check Airman is assigned to an R-day(s), through this process, the pilot shall either:
(a)notify the pilot’s Training or Standards Manager, no later than the last Friday prior to the start of the bid period in which such R-day(s) occur, to have such R-day(s) be dropped without pay and eligible for make-up; or
(b)have zero leveling on the first such R-day, and shall be in First Fly status for each such R-day.
d.In no event shall a pilot begin a pay only SWW bid period below the applicable Minimum Bid Period Guarantee, subject to the provisions of Section 4.A.
11.A Check Airman shall be notified of the pilot’s pay only status at least 48 hours prior to the opening of the monthly bid, unless waived. The following shall apply for a Check Airman when the pilot is bidding in a pay only status in order to perform Check Airman duties.
a.The maximum number of scheduled duty days shall not exceed the maximum number of R-days in the bid period.
b.Pay only carryover CHs shall be deposited into the Check Airman’s General Make-up Bank (GMB).
c.A Check Airman bidding in pay only status may designate days free from duty as follows:
i.p.160 Up to 5 days off, which may not be in more than 2 blocks, in a 4-week bid period; or
ii.Up to 7 days off, which may not be in more than 2 blocks, in a 5-week bid period; or
iii.Up to 8 days off, which may not be in more than 2 blocks, in a 6-week bid period.
The pilot may provide primary and secondary requests for the specific days off, and the Company shall accommodate 1 of those requests. If 2 or more Check Airmen request the same days off, those requests shall be considered in seniority order.
d.A Check Airman bidding in pay only status shall be notified of the pilot’s pay only schedule as soon as practicable, but no later than 72 hours prior to the beginning of the bid period.
e.If the pilot so desires, a Check Airman may pick up an instruction/ evaluation activity by using credits in the pilot’s General Make-Up Bank (GMB). Such activity does not constitute an excess of Section 11.M.6.a. (maximum number of scheduled duty days). The applicable credit hour deduction(s) from the pilot’s GMB, for such activity shall be calculated using the same values as set forth in Section 11.M.17.c.
f.A Check Airman awarded a pay only line, for a bid period in which the pilot is not initially scheduled to perform any instructional or evaluation duties in an aircraft, may be scheduled in accordance with Section 11.N.13.
12.When assigned a combination of flight duties in an aircraft and other duties in a training base in a single pay only bid period, a combination of Section 11.M.6.a. and Section 11.M.16. shall be used to determine the maximum number of events on a Check Airman’s schedule.
13.The Company may reschedule or cancel a Check Airman on an eventby-event basis (trip or training activity) to perform Check Airman duties with prior approval from the appropriate Standards or Training Manager, or designee. Assignments that occur as a result of this provision shall be limited to the event type canceled (e.g., If the Company cancels a SIM event, the Check Airman shall be available for only SIM assignments). The pilot shall be given at least 8 hours notice prior to a domestic trip/training activity or 12 hours notice prior to an international trip. A Check Airman shall not be required to work on a previously scheduled day(s) off without the pilot’s consent, subject to the provisions of Section 12.A.8.
14.Except for trips included on the pilot’s awarded schedule during a non-instructional bid period, in the event that a Check Airman’s instruction/ evaluation event (trip or training activity) is canceled, the Check Airman p.161 will be assigned instructional reserve days as provided in Section 11.N.14. and 15.
15.The notice required in Section 11.M.13. above may be waived at the Check Airman’s option.
16.The Company may assign a maximum of 15 instructional days in a 4 week bid period, 19 instructional days in a 5-week bid period, and 23 instructional days in a 6 week bid period.
17.A Check Airman shall be compensated as follows:
a.A Check Airman bidding in a flying status shall be compensated the BLG/RLG of the pilot’s awarded bid period schedule plus additional compensation, if any, to which the pilot is entitled, as provided in Sections 3 and 4.
b.A Check Airman bidding in a pay only status shall receive the BLG/RLG of the pilot’s awarded pay only bid period schedule as published in the pilot’s monthly bid period package, plus additional compensation, if any, to which the pilot is entitled as provided in Sections 3 and 4.
c.A Check Airman bidding in a pay only status shall accrue, toward the pilot’s BLG/RLG, the credit hour value for the following training activities:
i.the actual credit hour (ACH) value for a line trip(s) assigned by Flight Training Scheduling; and
ii.R-day value for all other events.
d.A Check Airman bidding in a pay only status shall be compensated as follows for all credit hours earned in a bid period for training activities occurring on days off (except for training activities assigned in Make-Up status), as defined by the pilot’s originally published schedule:
i.At 150% of the (ACH) for a line trip(s) assigned by Flight Training Scheduling;
ii.R-day value at 150% for direct student contact and non-instructional seat support; and
iii.R-day value at the pilot’s normal rate of pay for all other events.
e.If a Check Airman is revised pursuant to Section 11.M.13. above, the pilot shall be compensated a minimum of the pilot’s awarded BLG.
f.If a Check Airman’s trip(s) is rescheduled pursuant to Section 11.M.13., the pilot shall be compensated for, or accrue, the greater of the following:
i.p.162 The scheduled value of the pilot’s original trip(s)/activity(ies); or
ii.The greater of scheduled or actual value of the rescheduled trip(s)/activity(ies).
g.In the case of an initial or higher-level qualification, a Check Airman candidate shall be paid the bid period override for that qualification upon commencement of the pilot’s required training. Once qualified, a Check Airman’s Bid Period Override shall be administered in accordance with Section 11.M.17.i.
h.In addition to all other compensation to which the pilot is entitled, a Check Airman shall receive a bid period override commencing with the pilot’s first month in the program. If a Check Airman is sick for an extended time (60 calendar days or greater) and is incapable of performing duties as assigned, the pilot’s bid period override will be stopped effective on the first day of the first full bid period following 90 calendar days of the date the pilot called sick in VIPS. The pilot’s bid period override will be resumed on the first day of the first full bid period after the pilot is released to return to work.
i.The bid period override for Check Airmen shall be:
Year 1 = $1,500
Year 2 = $1,600
Year 3 = $1,700
Year 4 and above = $1,900
18.A Check Airman is eligible to participate in System Bids that close during the pilot’s tenure as a Check Airman, but will not receive an actual award without a release from the pilot’s Standards or Training Manager, as provided in Section 11.Q.1.
19.A Check Airman who elects to resign the pilot’s position must notify the Standards or Training Manager at least 3 bid periods in advance.
a.The notification period may be reduced at the discretion of the Standards or Training Manager.
b.The Check Airman may be retained in the pilot’s position for up to 3 months beyond the pilot’s desired resignation date at the discretion of the Standards or Training Manager or 6 months by mutual consent.
c.The Check Airman is eligible to participate, without restriction, in any System Bid which closes subsequent to the effective date of the pilot’s resignation.
d.The crew position of a Check Airman who resigns, or is released from the pilot’s Check Airman status absent an open System Bid or CIPPA crew position, shall be determined by comparing the p.163 pilot’s system-wide seniority against the results of the most recent System Bid. If the pilot is awarded or assigned a different crew position than the pilot’s current crew position, the pilot’s training, or base transfer activation, shall be determined in the same manner as provided in Section 13.A.6.e.
20.Bid periods in which a Check Airman is scheduled for an awarded vacation shall be non-pay only bid periods to the greatest extent practical. A Check Airman, however, who is bidding for pay only during a month in which the pilot has vacation, shall have the pilot’s bid period schedule reduced, day for day, by the number of days in the pilot’s vacation period. The pilot’s vacation bank shall be reduced by R-day value for each day of vacation.
21.A Check Airman on sick leave shall have the pilot’s sick bank reduced by the value of the scheduled trip/training activity for each event missed due to sick.
22.A Check Airman may trade training assignments by coordinating the trade with the applicable training scheduler, and with the approval of the appropriate Standards or Training Manager.
23.When a Check Airman is assigned to instruct at a location other than the pilot’s assigned training base, every day beginning with the first day of travel and ending on the day of return shall be considered a duty day for scheduling and compensation purposes. A Check Airman traveling to/from training at a location other than the pilot’s assigned training base shall be scheduled for deadheads in accordance with Sections 8 and 12, as if the pilot were deadheading to/from normal revenue operations, and:
a.Upon arrival at the training location, the pilot shall be given a 12 hour duty free period prior to commencing any brief or training; and
b.At the completion of any brief, training, or reserve period, the pilot shall be given a 12 hour duty free period before being scheduled for return travel.
24.By mutual consent of the Check Airman and the appropriate Standards or Training Manager, a Check Airman may be assigned a training base different from the pilot’s flying base (e.g., LAX based pilot assigned to the MEM training base, or MEM based pilot assigned to ANC training base, etc.). In such case, the following shall apply:
a.A Check Airman’s assigned training base will not change during the pilot’s tenure of service, unless mutually agreed upon by the Check Airman and the appropriate manager.
b.All training activities including travel to offsite training locations shall originate and end in the Check Airman’s assigned training base.
c.p.164 Travel between the Check Airman’s assigned training base and the pilot’s flying base shall not be considered a duty day for scheduling purposes.
d.Deviation shall be permitted to and from the assigned training base or offsite training location using training travel bank which includes:
i.travel between the assigned training base and offsite training in accordance with Section 11.M.23.; and
ii.1 round trip ticket per pay only month between the pilot’s assigned training base and flying base.
e.The provisions of Sections 5.A. and B. shall not apply while an Check Airman is performing duties in the pilot’s assigned training base.
25.Unless waived by mutual consent (Check Airman and appropriate Standards or Training Manager), a Check Airman shall maintain the pilot’s originally scheduled simulator period over consecutive days. The Company may revise the period to either the immediate earlier period or immediate subsequent period, once during the consecutive days. Any further revision during the consecutive days is limited to a return to the originally scheduled simulator period. This paragraph shall not apply to extra training (ET) administered following a training failure, or to training administered following an “incomplete” event.
26.If a Check Airman who is in TDNIF status is not current, the pilot shall be permitted to provide simulator/ground instruction.
27.Bid periods in which a Check Airman is scheduled for an awarded vacation shall be non-instructional bid periods to the greatest extent practical. A Check Airman, however, who is utilized for training during a month in which the pilot has vacation shall have the pilot’s bid period schedule reduced, day for day, by the number of days in the pilot’s vacation period. The pilot’s vacation bank shall be reduced by an R-day value for each day of vacation. A Check Airman:
a.May adjust the pilot’s vacation period by sliding it up to a maximum of 5 days in either direction, in accordance with Section 7; and
b.Shall receive, if requested, a 48 hour duty free vacation buffer at each end of the pilot’s vacation period. A vacation buffer shall not extend outside the bid period(s) in which the vacation occurred. A vacation buffer shall not create a conflict with a trip that began in the previous bid period.
28.The Company may deadhead a Check Airman to an off site location per Section 11.N.19.
29.p.165 A Standards Check Airman (SCA) or a Check Airman qualified as an Aircrew Program Designee (APD) shall receive an additional $600 per bid period.
N.Instructor Pilots
1.An Instructor Pilot shall be current and qualified in the aircraft on which the pilot instructs, and shall have a minimum of:
a.300 hours in the aircraft in which the pilot performs Instructor Pilot duties if it is the pilot’s first Company employment as an Instructor Pilot; or
b.150 hours in the aircraft in which the pilot performs Instructor Pilot duties if the pilot has been an Instructor Pilot within the last 5 years.
2.An Instructor Pilot who is in TDNIF status may not be current, in which case the pilot shall be permitted to instruct.
3.An Instructor Pilot’s duty day (for non-flying events) may be scheduled for up to 8 hours, exclusive of 1 hour lunch break, with device training not to exceed 5 hours exclusive of brief/debrief.
4.The duties and the conditions of an Instructor Pilot’s employment shall be at the discretion of the appropriate Standards or Training Manager, however, those duties and conditions may not contradict provisions of this Agreement.
5.An Instructor Pilot shall bid on and be awarded a bid period schedule in accordance with the terms of this Agreement.
a.The appropriate Training Manager, or designee, shall determine the monthly requirement for Instructor Pilots in a pay only status and coordinate the rotation of those Instructor Pilots on a monthly basis, and consistent with the provisions and limitations of this Agreement.
b.If an Instructor Pilot is assigned to perform instructor duties for an entire bid period (instructional bid period), the pilot shall bid for a pay only line.
c.An Instructor Pilot shall be notified of the pilot’s pay only status at least 48 hours prior to the opening of the monthly bid, except by mutual consent.
6.In the event that an Instructor Pilot’s activity is canceled, the pilot will be assigned instructional reserve days as provided in Section 11.N.14.
7.An Instructor Pilot shall not be scheduled to perform instructor duties during non-instructional bid periods without the pilot’s consent. If the pilot consents to perform those duties the pilot shall be removed from the pilot’s conflicting scheduled trip(s) and/or R-day(s) as necessary to perform such duties, and shall be paid in accordance with Section 11.N.25.a.iv. or v., as applicable.
8.p.166 The Company shall not place an Instructor Pilot in pay only status for more than 2 consecutive bid periods without the pilot’s concurrence. However, if it is necessary to place an Instructor Pilot in pay only status for more than 2 consecutive bid periods, the Company may fill those requirements in inverse seniority order.
9.In order to provide an opportunity for pay only Instructor Pilots to maintain line proficiency in their respective aircraft, the following shall apply:
a.During an Instructor Pilot’s third consecutive pay only bid period, the pilots hall be scheduled for 2 PDO fly days in lieu of scheduled training events, subject to the limitations contained in Section 11.N.10. (PDO Bid Period). Due to the lengths of trips in certain domiciles, PDO fly days may be pooled to accommodate a trip longer than 2 days.
b.During an Instructor Pilot’s fourth consecutive pay only bid period, the pilot shall have eligibility equal to the CH value of 2 R-days (or a minimum of 4:30 CHs/day) available to the pilot in the Secondary Working Window (SWW) (See Section 25.E.6.) (SWW Bid Period). The Instructor Pilot’s schedule shall include 2 fewer instructional days in an SWW Bid Period, unless deferred in accordance with Section 11.N.11.b.
c.For each additional consecutive pay only bid period, the Instructor Pilot’s proficiency flying eligibility shall alternate between PDO and SWW Bid Periods. When an Instructor Pilot flexes back to line flying (i.e., is awarded a line for flying purposes) and the pilot subsequently flexes back to the pilot’s instructional duties (i.e., is awarded a line for pay only purposes), the pilot will again be eligible for proficiency flying after the pilot’s 3rd consecutive pay only bid period. However, the pilot will resume the alternating proficiency flying pattern established when the pilot was last eligible for proficiency flying.
Example: An Instructor Pilot is scheduled for 4 consecutive pay only instructional bid periods (January, February, March, and April). March shall be a PDO Bid Period and April shall be a SWW Bid Period.
Example: An Instructor Pilot is scheduled for 3 consecutive pay only instructional bid periods (January, February, and March). March shall be a PDO Bid Period. In April, the Instructor Pilot is flexed back to line flying. The Instructor Pilot is flexed back to instructional activities in May and is scheduled for 4 consecutive pay only instructional bid periods (May, June, July, and August). July shall be a SWW Bid Period and August shall be a PDO Bid Period.
d.p.167 In order to maintain currency, proficiency with line operating policies and procedures, and enhance the pilot’s professional capabilities, each Instructor Pilot shall seek to attain 100 block hours (reducible by 2 hours per landing) per calendar year in the crew status in which the pilot conducts training.
10.The following shall apply to all Instructor Pilots during a PDO Bid Period:
a.An Instructor Pilot may bump another pilot from the pilot’s assigned trip(s) in order to maintain the pilot’s proficiency in the crew status in which the pilot conducts training.
b.No pilot may be bumped without the pilot’s consent.
c.An Instructor Pilot may PDO bump a pilot in any base.
d.An Instructor Pilot may bump a seat in which the pilot is qualified but cannot hold based on the pilot’s system seniority, but only if an LCA, SCA, or PCA (who is a Captain by seniority) occupies the other seat.
11.The following shall apply to all Instructor Pilots during a SWW Bid Period:
a.An Instructor Pilot’s schedule shall include 2 fewer days, unless deferred as provided in Section 11.N.11.b.;
b.An Instructor Pilot may defer the schedule reduction that otherwise would occur, in accordance with Section 11.N.11.a., in order to be entitled – in a subsequent, pay only bid period – to an aggregate schedule reduction of no more than 8 days.
Example: An Instructor Pilot is placed in pay only status for a third consecutive bid period (which, based on the pattern established in Section 11.N.9., is an SWW Bid Period), and as such is entitled to a 2-day schedule reduction. The pilot elects to defer that reduction, so the pilot’s instructional schedule is not reduced. During the pilot’s next SWW Bid Period, the pilot elects not to defer, and also elects to use the previously deferred 2-day reduction. The pilot’s training schedule for that bid period will be reduced by a total of 4 days.
c.An Instructor Pilot will have corresponding proficiency (PRO) flying eligibility during the SWW (see Section 25.E.6.) as follows:
i.For each day by which a pay only Instructor Pilot’s schedule is reduced, as provided in Section 11.N.11.a., as applicable, the CH value of an R-day (or a minimum of 4:30 CH) shall be available for participation in the Secondary Working Window (SWW), and a corresponding, temporary BLG reduction shall also occur (subject to the proficiency flying/secondary line process immediately below);
ii.p.168 The eligibility will also include the CHs previously deferred as provided in Section 11.N.11.b., but in no case shall the eligibility exceed 36 CH (at which time the pilot must exercise the pilot’s PRO flying eligibility);
iii.During the SWW, this eligibility may be used to preference trips from open time, which will be assigned using the PRO assignment code. The pilot may not voluntarily use, toward the pilot’s secondary line construction, standby trips, R-day blocks, or Relief Flight Officer (RFO/RF2) trips. The PRO assignment code will have the same pay characteristics as TRP;
iv.PRO eligibility shall be exercised at the pilot’s relative seniority;
v.PRO eligibility may be exceeded by as much as 9 CH for each bid period in which such eligibility is exercised; and
vi.When an Instructor Pilot is assigned to an R-day(s), through this process, the pilot shall either:
(a)notify the pilot’s Training manager, no later than the last Friday prior to the start of the bid period in which such R-day(s) occur, to have such R-day(s) be dropped without pay and eligible for make-up; or
(b)have zero leveling on the first such R-day, and shall be in First Fly status for each such R-day.
d.In no event shall a pilot begin a pay only SWW bid period below the applicable Minimum Bid Period Guarantee, subject to the provisions of Section 4.A.
12.Pay only carryover CHs shall be deposited into the Instructor Pilot’s General Make-up Bank (GMB).
13.In anticipation of an instructional bid period, for Instructor Pilots (and certain Check Airman, as provided in Section 11.M.11.f.) who are not initially scheduled for instructional duties or evaluations in an aircraft:
a.Training schedules shall be published at least 120 hours prior to the start of the bid period.
b.During an instructional bid period, the Company shall construct a schedule of instructional duty days for each Instructor Pilot, and the following shall apply:
i.An Instructor Pilot bidding in pay only status may designate days free from duty as follows:
(a)Up to 5 days off, which may not be in more than 2 blocks, in a 4-week bid period; or
(b)p.169 Up to 7 days off, which may not be in more than 2 blocks, in a 5-week bid period; or
(c)Up to 8 days off, which may not be in more than 2 blocks, in a 6-week bid period.
The pilot may provide primary and secondary requests for the specific days off, and the Company shall accommodate 1 of those requests. If 2 or more Instructor Pilots request the same days off, those requests shall be considered in seniority order.
ii.The Company may assign a maximum of 15 instructional days in a 4-week bid period, 19 instructional days in a 5-week bid period, and 22 instructional days in a 6-week bid period, except where otherwise further limited by Section 11.N.11.
iii.If the pilot so desires, an Instructor Pilot may pick up an instructional activity by using credits in the pilot’s General Make-Up Bank (GMB). Such activity does not constitute an excess of Section 11.N.13.b.ii. (maximum number of scheduled duty days). The applicable credit hour deduction from the pilot’s GMB shall be R-day value for each such activity.
14.Instructional reserve periods assigned to an Instructor Pilot or Check Airman shall be limited to instruction/evaluation duties, shall be the same period when scheduled on consecutive days, and may be designated as either:
a.Instructional reserve periods are:
i.IR-A: 0200-1359 LBT; and
ii.IR-B: 1400-0159 LBT.
b.Notification windows are:
i.IR-A: 2200-0959 LBT; and
ii.IR-B: 1000-2159 LBT.
c.Pilots on instructional reserve must be given at least 4 hours’ notice prior to an event. This notice can be waived by the pilot for seat support events.
15.Flight Training Scheduling (FTS) may change a pilot’s instructional reserve period (to/from IR-A, IR-B), consistent with the provisions of Section 25.M.3.d.i. through vi.
16.Unless waived by mutual consent (Instructor Pilot and Training Manager), an Instructor Pilot shall be scheduled to conduct training in the same simulator period over a block of consecutive instructional days. The Company may revise the period to either the immediate earlier period, or the immediate subsequent period once during the block of consecutive days. Any further revision during the block of consecutive days shall be limited to a return to the originally scheduled simulator p.170 period. This paragraph shall not apply to extra training (ET) administered following a training failure, or to training administered following an “incomplete” event.
17.When an Instructor Pilot is assigned to instruct at a location other than th e pilot’s assigned training base, every day beginning with the first day of travel and ending on the day of return shall be considered a duty day for scheduling and compensation purposes. An Instructor Pilot traveling to/from training at a location other than the pilot’s assigned training base shall be scheduled for deadheads in accordance with Sections 8 and 12, as if the pilot were deadheading to/from normal revenue operations, and:
a.Upon arrival at the training location, the pilot shall be given a 12 hour duty free period prior to commencing any brief or training; and
b.At the completion of any brief, training, or reserve period, the pilot shall be given a 12 hour duty free period before being scheduled for return travel.
18.By mutual consent of the Instructor Pilot and the appropriate Training Manager, an Instructor Pilot may be assigned a training base different than the pilot’s flying base (e.g., LAX based pilot assigned to the MEM training base, or MEM based pilot assigned to ANC training base, etc.). In such case, the following shall apply:
a.An Instructor Pilot’s assigned training base will not change during the pilot’s tenure of service within the Flight Training Department, unless mutually agreed upon by the Instructor Pilot and the Training Manager.
b.All training activities including travel to offsite training locations shall originate and end in the Instructor Pilot’s assigned training base.
c.Travel between the pilot’s assigned training base and the pilot’s flying base shall not be considered a duty day for scheduling purposes.
d.Deviation shall be permitted to and from the assigned training base or offsite training location using training travel bank which includes:
i.travel between the assigned training base and offsite training in accordance with Section 11.N.17.; and
ii.one round trip ticket per pay only month between the pilot’s assigned training base and flying base.
e.p.171 The provisions of Section 5.A. and B. shall not apply while an Instructor Pilot is performing duties in the pilot’s assigned training base.
19.Emergency Draft Off Site
Recognizing that emergencies may occur that could effectively stop an entire training/validation/evaluation evolution, an Instructor Pilot or Check Airman may be deadheaded to an off site location as soon as practicable to replace an individual and the following shall apply:
a.Deadhead travel shall be scheduled in accordance with Sections 8 and 12, except as provided below.
b.Combined deadhead duty time and training/validation/evaluation shall not exceed 12 hours.
c.The training/validation/evaluation evolution, if performed on the day of arrival, cannot exceed 6 hours, inclusive of brief and debrief.
d.One hour showtime for deadhead travel to off site location and 30 minutes after block-in from deadhead return shall be used when determining the time away from base for compensation purposes.
e.The Instructor Pilot or Check Airman will be afforded layover accommodations following the pilot’s training/validation/evaluation evolution for a minimum of 10 hours crew rest.
f.The Instructor Pilot or Check Airman will be compensated at 150% for the duration of the assignment.
g.An Instructor Pilot or Check Airman shall not be required to accept an emergency draft off site.
20.To the greatest extent possible, the Company shall provide an Instructor Pilot at least 12 hours notice when the pilot’s scheduled duty period changes by more than 6 hours. If the Instructor Pilot chooses not to accept the change, the pilot has 90 days to coordinate with the pilot’s scheduler and make-up the event.
21.[Reserved]
22.An Instructor Pilot may trade instructor assignments by coordinating the trade with the applicable training scheduler and with the approval of the pilot’s Standards or Training Manager.
23.An Instructor Pilot may agree to reschedule the pilot’s assigned duty days. An Instructor Pilot shall not be entitled to additional compensation as provided in Section 11.N.25.a.iii. or b.ii., as a result of the application of this paragraph, provided the pilot receives the pilot’s original number of scheduled days off.
24.Bid periods in which an Instructor Pilot is scheduled for an awarded vacation shall be non-instructional bid periods to the greatest extent p.172 practical. An Instructor Pilot, however, who is utilized for training during a month in which the pilot has vacation shall have the pilot’s bid period schedule reduced, day for day, by the number of days in the pilot’s vacation period. The pilot’s vacation bank shall be reduced by an R-day value for each day of vacation. An Instructor Pilot:
a.May adjust the pilot’s vacation period by sliding it up to a maximum of 5 days in either direction, in accordance with Section 7; and
b.Shall receive, if requested, a 48 hour duty free vacation buffer at each end of the pilot’s vacation period. A vacation buffer shall not extend outside the bid period(s) in which the vacation occurred. A vacation buffer shall not create a conflict with a trip that began in the previous bid period.
25.An Instructor Pilot shall be compensated as follows:
a.During a bid period when an Instructor Pilot is scheduled to be on the line and bidding for flying purposes (i.e., a non-instructional bid period), an Instructor Pilot shall be compensated:
i.As provided in Sections 3 and 4 of this Agreement, when the pilot is not performing Instructor Pilot duties;
ii.If the pilot so desires, the pilot may pick up a training activity by using credits in the pilot’s General Make-Up Bank. The credit hour deduction from the pilot’s GMB shall be R-day value for each such training activity.
iii.If the pilot agrees to perform Instructor Pilot duties on a day(s) off, the pilot shall be compensated:
(a)R-day value at 150% of the pilot’s normal rate of pay, for direct student contact and non-instructional seat support; and
(b)R-day value at the pilot’s normal rate of pay for all other events.
iv.If the pilot agrees to perform Instructor Pilot duties in lieu of a scheduled trip, the pilot shall be compensated the value of the trip missed and may be used over the entire footprint of the scheduled trip.
v.If the pilot agrees to perform Instructor Pilot duties on the pilot’s scheduled R-day(s), an R-day value shall be credited toward the pilot’s leveling and RLG (or mini RLG as appropriate) for each such R-day.
b.During an instructional bid period, an Instructor Pilot shall be compensated as follows:
i.An Instructor Pilot shall bid for a pay only line, and shall receive the BLG/RLG for the pilot’s awarded (pay only) line, as published in the pilot’s monthly bid period package, plus additional p.173 compensation, if any, to which the pilot is entitled, as provided in Sections 3 and 4. Pay only carryover CHs on an Instructor Pilot’s awarded pay only line shall be deposited into the pilot’s general make-up bank.
ii.If the pilot agrees to perform Instructor Pilot duties on a day(s) off, in excess of the pilot’s required number of work days, the pilot shall be compensated:
(a)R-day value for direct student contact activities and non-instructional seat support at 150% of the pilot’s normal rate of pay for each day; and
(b)R-day value at the pilot’s normal rate of pay for all other events.
c.In the case of an initial or higher level qualification, an Instructor Pilot candidate shall be paid the bid period override for that qualification upon commencement of the pilot’s required training. Once qualified, an Instructor’s Bid Period Override shall be administered in accordance with Section 11.N.25.e.
d.In addition to all other compensation to which the pilot is entitled, an Instructor Pilot shall receive a bid period override commencing with the first month in the program. If an Instructor Pilot is sick for an extended time (60 days or greater) and is incapable of performing duties as assigned, the pilot’s bid period override will be stopped effective on the first day of the first full bid period following 90 calendar days from the date the pilot called sick in VIPS. The pilot’s bid period override will be resumed on the first day of the first full bid period after the pilot is released to return to work.
e.The bid period override shall be:
Year 1 = $1,000
Year 2 = $1,100
Year 3 = $1,200
Year 4 and above = $1,300
26.An Instructor Pilot may participate in System Bids that close during the pilot’s tenure as an Instructor Pilot, but will not receive an actual award without a release from the pilot’s Training Manager, as provided in Section 11.Q.1.
27.An Instructor Pilot that elects to resign the pilot’s position must notify the pilot’s Training Manager at least 3 bid periods in advance.
a.The notification period may be reduced at the discretion of the pilot’s manager.
b.p.174 The Instructor Pilot may be retained in the pilot’s position for up to 3 months beyond the pilot’s desired resignation date at the discretion of the pilot’s manager or 6 months by mutual consent.
c.The instructor is eligible to participate, without restriction, in any System Bid which closes subsequent to the effective date of the pilot’s resignation.
d.The crew position of an Instructor Pilot who resigns, or is released from the pilot’s Instructor Pilot status absent an open System Bid or CIPPA crew position, shall be determined by comparing the pilot’s system-wide seniority against the results of the most recent System Bid. If the pilot is awarded or assigned a different crew position than the pilot’s current crew position, the pilot’s training, or base transfer activation, shall be determined in the same manner as provided in Section 13.A.6.e.
28.Instructor Pilots hold their positions at the discretion of the Training Manager.
29.An Instructor Pilot on sick leave shall have the pilot’s sick bank reduced by the value of the scheduled activity for each event missed due to sick.
30.Bumping a Captain or First Officer seat which the Instructor Pilot is qualified for but cannot hold based upon the pilot’s system seniority, shall require an LCA, SCA, or PCA (who is a Captain by seniority) to be in the other seat.
O.New Aircraft Entering Service
The provisions of Sections 9.A.1. (second sentence only), 11.M.1.b., and M.1.c., shall be waived in case of an aircraft type new to the Company fleet.
1.The Company selection of such pilot candidates to undergo type rating and Check Airman training must occur prior to the introduction of a new aircraft into revenue service. A pilot who did not bid the new aircraft in the initial System Bid and could have held such position, shall not be eligible to be an initial cadre Check Airman.
2.Initial cadre Check Airmen candidates who hold the crew status on the initial System Bid.
a.After the closing of the initial System Bid, the Company shall notify the MEC Chairman in writing of those initial cadre Check Airmen candidates that have been awarded crew positions in the new aircraft in accordance with the provisions of Section 24 of the CBA within 60 days of the award.
b.Initial cadre Check Airmen candidates who receive an award on the initial new aircraft System Bid (i.e., the candidate is awarded the necessary crew status to perform the pilot’s duties as described in Section 11) shall be considered “Check Airmen.”
c.p.175 Check Airmen will use normal bidding processes for BLG and schedule determination in accordance with the provisions of Section 11.M.5., as applicable. A Check Airman shall bid in a pay only status in the pilot’s previous crew position until the Company publishes a bid period package for the new aircraft type, at which point the Check Airman shall bid in the new aircraft crew position.
d.A Check Airman’s hourly rate of pay shall be as provided in Section 3 except that a Check Airman will receive the higher of:
i.the pilot’s pay rate at the time of selection as a Check Airman (regardless of whether it is derived from passover pay, CIPPA, or the crew position in which the pilot is currently activated); or
ii.the new aircraft pay rate, upon activation as a Captain in the new aircraft crew position.
Note: If the Check Airman is awarded/assigned from the crew position for which the pilot was being compensated prior to entering the initial cadre, the pay rate comparison shall be between the crew position the pilot was awarded/assigned as a result of the System Bid and the new aircraft pay rate.
Example: Pilot A, a 757 Captain, holds an award to A300 CAP and is receiving passover pay to A300 CAP. The pilot was part of the initial cadre of Check Airmen for the 757. Under Section 11.O.2.d.ii., the Check Airman is initially compensated at the A300 CAP rate while working as a 757 Check Airman. Then, however, Pilot A is assigned from the A300 CAP seat to the MD-11 F/O seat. Pilot A is compensated as a 757 CAP under Section 11.O.2.d.ii. in the same manner as that by which the “Nth” CIPPA positions are determined, as provided in Section 11.Q.3.a. (using MD-11 F/O as the “applicable crew position”).
e.If the pilot resigns or is removed from the new aircraft training program, the pilot may elect to remain in the crew position the pilot was activated as a Check Airman and shall be compensated accordingly. If the pilot does not so elect, the pilot’s crew position shall be determined as follows:
i.If the pilot holds no other award/assignment, the pilot shall be placed in the crew position award/assignment the pilot held immediately prior to the Check Airman crew status award and compensated accordingly; or
ii.If the pilot holds an award/assignment other than the crew position in which the pilot was activated immediately prior to the Check Airman crew status award, the pilot shall be placed in such award and compensated accordingly.
iii.p.176 The scheduling of training, or base transfer activation, required by application of Section 11.O.2.e.i. or ii. shall be determined in the same manner as Section 13.A.6.e.
f.A Check Airman shall not incur a passover or CIPPA repayment or a down/lateral bid restriction relating to the pilot’s participation as a Check Airman under Section 11.O.
3.Initial cadre Check Airmen candidates who cannot hold the crew status on the initial System Bid.
a.Initial cadre pilot candidates who are not able to hold an award in the initial new aircraft System Bid will be considered “Provisional Check Airmen” (or Provo). The Company may award Provos Captain crew positions as if they had been awarded such crew position from the initial new aircraft System Bid. Provos will be considered to hold a quasi-award to the new aircraft crew position for purposes of Sections 11.M. These positions will be in addition to the initial System Bid awards. The Company may use Provisional Check Airmen for a maximum of 24 bid periods beginning with the introduction of the new aircraft into revenue service. The Company shall notify the MEC Chairman in writing of those pilots that have been awarded crew positions in accordance with this paragraph within 60 days of the award.
b.A Provo shall bid in a pay only status in the pilot’s previous crew position until the Company publishes a bid period package for the new aircraft type, at which point the Provo shall bid for vacation in the new aircraft crew position, but shall receive average BLG (for pay only) for the new aircraft crew position. The Provo’s schedule shall be governed by the applicable provisions of Section 11 as if the Provo was bidding in pay only status. Any revenue flying assignments must be accomplished in accordance with the provisions of Section 25.U. (Bumping for Training).
c.During the 24 bid periods, a Provo shall have the ability to participate in all other System Bids as if the pilot was not a Provo.
d.If the Provo receives a crew position award/assignment to the aircraft in which the pilot serves as a Provisional Check Airman, the crew status will no longer be considered “Provisional.”
e.A Provisional Check Airman’s hourly rate of pay shall be as provided in Section 3, except that a Provo will receive the higher of:
i.The pilot’s pay rate at the time of selection as a Provo (regardless of whether it is derived from passover pay, CIPPA, or the crew position in which the pilot is currently activated); or
ii.The new aircraft pay rate, upon “activation” as a Captain in the new aircraft crew position.
p.177 Note: If the Provo is awarded/assigned from the crew position for which the pilot was being compensated prior to entering the initial cadre, the pay rate comparison shall be between the crew position the pilot was awarded/assigned as a result of the System Bid and the new aircraft pay rate.
f.A Provo shall cease to perform all Check Airman duties or be compensated as such upon the earlier of the pilot’s resignation or removal from the program, or the expiration of 24 months after the introduction of the new aircraft into revenue service. The pilot’s crew position shall be determined as follows:
i.If the pilot holds no other award/assignment, the pilot shall be placed in the crew position award/assignment the pilot held immediately prior to the Provisional Check Airman crew status award and compensated accordingly; or
ii.If the pilot holds an award/assignment other than the crew position in which the pilot was activated immediately prior to the Provisional Check Airman crew status award, the pilot shall be placed in such award and compensated accordingly.
iii.The scheduling of training, or base transfer activation, required by application of Section 11.O.3.f.i. or ii. shall be determined in the same manner as Section 13.A.6.e.
g.A Provo shall not incur a passover or CIPPA repayment obligation or a down/lateral bid restriction relating to the pilot’s participation as a Provo under Section 11.O.
4.If a System Bid includes a crew position(s) for which the Current Staffing Level is greater than the published Maximum Staffing Level:
a.An initial cadre Provisional Check Airman shall be considered to be in the pool for which the Provo holds a crew position award/ assignment (not the quasi-award);
b.An initial cadre Check Airman shall be considered to be in the pool of pilots in the crew position for which the pilot is receiving the pay rate (e.g., a MD-11 MEM Captain, selected as an initial cadre pilot candidate, holds an award on the initial System Bid for the 757 MEM Captain, and receives, through the operation of Section 11.O., the pay rate for an MD-11 Captain; if a System Bid publishes a Current Staffing Level greater than Maximum Staffing Level, in the MD-11 MEM Captain crew position, the pilot will be considered as participating in that pool, and not as a 757 MEM Captain). If the pilot’s participation in that System Bid was in the crew position for which the pilot is performing duties as a Check Airman, the Company may continue to use the pilot as a Check Airman if the pilot is re-designated a Provo. In such case, the Company may continue to use the (newly designated) Provo until the expiration of 24 p.178 months following the introduction of the new aircraft into revenue service or 6 months after the close of that System Bid, whichever is later.
5.Line Pilots
All pilots who hold an award from the initial System Bid, and who will not be Check Airmen, will be classified as Line Pilots.
a.In addition to other provisions of the Agreement, for each Provisional Check Airman who has been “activated” in the crew position as allowed under Section 11.O.3., and for each Check Airman who activated earlier than the pilot’s seniority would have dictated, one Line Pilot who holds an award for the new aircraft crew position will be entitled to the new aircraft pay rate if it is higher than their present rate.
i.The rate assignment for the Line Pilots shall be determined by seniority order.
ii.For each additional Provo “activated” and Check Airman who activated into the new aircraft crew position earlier than the pilot’s seniority would have dictated, the next most senior Line Pilot will begin receiving the new aircraft pay rate.
iii.When a Line Pilot receiving the new aircraft pay rate under this paragraph is no longer eligible for the rate due to activation, retirement, withdrawal from training, or an award/assignment to a different crew position, then the next most senior Line Pilot, if any, who was not previously receiving the new aircraft pay rate, shall begin receiving it.
iv.Notwithstanding Section 11.O.5.a.iii., if a Provo ceases to be “provisional” (e.g., activates into the new aircraft crew position pursuant to an award/assignment commensurate with the pilot’s seniority or activates in another aircraft after leaving the new aircraft training program), that Provo shall not generate a new aircraft pay rate for any new additional Line Pilots.
v.Notwithstanding Section 11.O.5.a.iii., once an out-of-seniority Check Airman reaches the point at which the pilot would have been activated in seniority order or activates in another aircraft after leaving the new aircraft training program, that Check Airman shall not generate a new aircraft pay rate for any new additional Line Pilots.
b.For Line Pilots receiving the new aircraft pay rate in accordance with Section 11.O.5.a., such pay shall end upon the earlier of:
i.the Line Pilot’s activation into the new crew position for which the Line Pilot is receiving the new aircraft pay rate;
ii.p.179 the Line Pilot’s withdrawal or removal from training; or
iii.the Line Pilot’s projected activation date from the original System Bid (i.e., into the crew position that generated the new aircraft pay rate), if the Line Pilot receives a different intervening award.
P.General
1.For purposes of Section 11, “current crew position” is not intended to indicate that the pilot presently maintains FAR currency.
2.Training and validations/evaluations administered to non-pilots may not be conducted in Company aircraft during revenue operations.
3.Continuing qualification simulator events for Instructor Pilots and non-pilot instructors shall be administered by a Check Airman.
4.An Instructor Pilot, or other pilot (as provided in Section 25), may provide seat support for a student pilot during the simulator phase of ITU and all recurrent training events. An Instructor may support simulator phase ITU events except the Maneuvers Validation (MV) and all subsequent simulator events. Notwithstanding the above, an Instructor may provide seat support after the MV for any non-Evaluation/Validation maneuvers events.
5.An Instructor Pilot is required for all Continuing Qualification (CQ) simulator training events. During the simulator phase of ITU, an Instructor Pilot shall conduct the Maneuvers Validation (MV), and all subsequent simulator events. Notwithstanding the above, an Instructor may conduct any non-Validation/Evaluation maneuvers events including those subsequent to the MV.
The Company’s ability to assign an Instructor to conduct non-Validation/Evaluation Continuing Qualification (CQ) simulator event(s) resulting from a revision(s) to the CQ curriculum shall be subject to the process described in Section 11.A.3.a. and b.
6.All training and validation/evaluation events conducted in aircraft shall be administered by a line check qualified Check Airman or an FAA Air Carrier Inspector, subject to the following:
a.Such training and validation/evaluation events for Captains and First Officers shall be administered by a pilot who holds and is currently qualified in the Captain crew status on the aircraft, or by an FAA Air Carrier Inspector;
b.Any crew seat not occupied by a pilot in training shall be occupied by a pilot who is current and qualified in that crew seat, except as provided in Section 11.P.6.c. below.
c.During a Captain’s OE validation, the First Officer seat must be occupied by an appropriately qualified Check Airman.
7.p.180 All crew seats shall be occupied during simulator validation/evaluation events.
a.During such simulator validation/evaluation events for a Captain or First Officer crew seat, the Captain and First Officer seats, if not occupied by a pilot being validated/evaluated, shall be occupied by a pilot(s) currently qualified in that crew seat(s) or, in the case of an ITU train to proficiency validation event, by an Instructor who is qualified in that crew seat(s).
b.Reserve pilots, who have voluntarily indicated a preference, may be assigned to provide seat support during simulator validation/ evaluation events.
8.Any simulator training period may be audio or video recorded with the written permission of all the pilots involved; provided, however, that such audio or video recording is erased after being viewed and critiqued by the pilots involved. A validation/evaluation event shall not be audio or video recorded.
9.A pilot assigned to occupy a crew seat in support of another pilot’s training session/validation/evaluation event is not required to participate in the ground validation (e.g., walk-around inspection, emergency equipment) administered by the Instructor during the pre-simulator briefing. The assigned pilot shall satisfy the performance standards required by the pilot’s crew status. Should the pilot flying seat support encounter any significant performance issues that require training (other than debrief), prior to the pilot’s return to line flying, the pilot’s case shall be referred to the TRB. A pilot shall not incur a training failure while occupying a seat in support of another pilot’s training.
10.Casual observers are not permitted in a simulator during a training period or validation/evaluation event without the mutual agreement of all pilots receiving training. FAA Air Carrier Inspectors, Check Airmen, instructors receiving training, pilot managers, Association representative (if requested by trainee), or other Company employees receiving required training are not considered casual observers.
11.Notwithstanding Section 11.P.10., and available seating permitting, a Check Airman or Instructor Pilot may observe, at the request of a pilot, the pilot’s flight simulator training, aircraft training, OE or validation/ evaluation event. In those cases, a Check Airman/Instructor Pilot is not entitled to additional compensation.
12.Upon request, a pilot receiving training or a validation/evaluation event in a simulator or aircraft shall be granted one change of instructor or Check Airman in the simulator, aircraft or OE phases of ITU training.
13.No simulator validation/evaluation events shall be scheduled to be conducted between 0001 LT and 0500 LT, including brief.
14.[Reserved]
15.p.181 A pilot who is subject to a freeze in accordance with Section 11 shall be released from that freeze if the pilot is assigned or furloughed from the pilot’s crew status, or can no longer hold that crew status due to legal restrictions. Notwithstanding other provisions of Section 11, a pilot may be assigned or awarded a crew status that the pilot is otherwise “permanently ineligible” to hold if that crew status is the only crew status the pilot could hold.
16.Except for de-identified training data, which is not covered by this paragraph, the Company shall retain only training records required by law (including FAA and other governmental agency regulation(s)).
17.A pilot may have Association representation at any conference with management involving unsatisfactory training performance. Meetings shall not be delayed unreasonably because of the need for representation.
18.Proficiency Enhancement Partnership Program
As part of its proficiency enhancement partnership program, the Company will offer the following additional training for proficiency (nonjeopardy training) at the pilot’s election and subject to availability. This training is entirely voluntary on the pilot’s part. The pilot shall not be paid for this training, nor shall it count as duty or a day of work for purposes of this Agreement. The Company shall make a good faith effort to accommodate a pilot’s request for scheduling this type of training, however, this training shall not be scheduled to create a conflict with any other scheduled activities, and will be subject to device and instructor availability. The Company shall offer the following two types of training pursuant to this program:
a.ITU Audit
A pilot holding an ITU award may audit ground school before the commencement of the pilot’s training, and may select PRO, MAN, and OE events subject to the discretion of the training manager.
b.Proficiency Enhancement
Up to two times per year, a pilot may request proficiency enhancement training. Pilots shall not request proficiency enhancement training to occur within 30 days of scheduled recurrent training.
Q.Check Airman/Instructor Pilot Pay Adjustment (CIPPA)
1.As provided in Sections 11.M.18. and N.26., Check Airmen and Instructor Pilots may participate in System Bids, but will only receive an actual award if released by the appropriate Standards or Training Senior Manager. An assignment to a crew position pursuant to Section 24 will be considered an actual assignment.
2.p.182 If a Check Airman or Instructor Pilot is not released, the pilot shall receive a notional award. In such case, the pilot shall be eligible for CIP- PA if the notional crew position award has an hourly rate of pay higher than:
a.The pilot’s current crew position, if the pilot is not – at the time of the System Bid’s closing – eligible for passover pay or CIPPA based upon a crew position whose hourly rate of pay is higher than the pilot’s current crew position; or
b.The pilot’s currently awarded crew position, if the pilot is eligible for passover pay.
3.The Company shall administer CIPPA as follows:
a.A Check Airman or Instructor Pilot eligible for CIPPA will have the pilot’s system-wide seniority compared against those who received an actual award to the applicable crew position, along with other Check Airmen and Instructor Pilots who are eligible for CIPPA based upon the same crew position, in order to establish their “Nth” CIPPA position. An eligible pilot will begin to receive CIPPA either:
i.Upon the Nth actual pilot activation into the applicable crew position, following the close of the applicable System Bid; or
ii.90 days following the close of the applicable System Bid, if the eligible pilot was the most senior in the comparison (i.e., “Nth”=1st).
b.CIPPA shall continue until the earlier of:
i.The date as of which there are no longer any junior pilots activated in the crew position;
ii.The date as of which there would no longer be any junior pilot activated in the crew position, but for the junior pilot(s)’ unavailability;
iii.The closing date of a subsequent System Bid, in which the pilot was again not released to receive an actual award (i.e., a new, intervening CIPPA eligibility);
iv.The effective date of the pilot’s release or resignation from the pilot’s Check Airman or Instructor Pilot status; or
v.The first day following the 24th bid period in which the pilot received CIPPA. The pilot shall also be given notification, in that 24th bid period, of the pilot’s release from Check Airman or Instructor Pilot status in accordance with 11.Q.3.d. below.
c.In the event a CIPPA-eligible pilot is not released to receive an actual award in another, subsequent System Bid, as described in Section 11.Q.2., the pilot shall begin to receive the pilot’s intervening CIPPA consistent with Section 11.Q.3.a.
d.p.183 A CIPPA-eligible pilot who exhausts the full 24 bid periods described in Section 11.Q.3.b.v. above shall be released from the pilot’s Check Airman or Instructor Pilot status, and the pilot shall enter the pool of ITU training bidding in the same manner as provided in Section 13.A.6.e., for the notional crew position award upon which the pilot’s CIPPA was most recently based.
Note: The bid periods during which a pilot is not collecting CIPPA, because of an intervening CIPPA trigger, do not count toward the 24 month limit.
e.A pilot’s monthly CIPPA dollar amount shall be determined by comparing the pilot’s currently awarded crew position to the pilot’s currently awarded notional (i.e., CIPPA-eligible) crew position, and using the corresponding value in the SDP chart found in Section 24.E.
f.CIPPA shall be paid on a monthly basis in accordance with Section 3.E.1.a.
g.Repayment of CIPPA by Check Airmen or Instructor Pilots shall be exclusively limited to situations in which:
i.The pilot subsequently is awarded, during the pilot’s receipt of CIPPA, a crew position whose hourly rate of pay is lower than the one upon which the pilot’s CIPPA is based; or
ii.The pilot withdraws from training for the crew status upon which the pilot’s CIPPA was based, unless extenuating circumstances existed for such withdrawal (Section 11.J.2.a. or Section 11.J.3.).
R.Ongoing Implementation Measures
The parties recognize that the matters governed by Section 11 are complicated and that the new provisions of Section 11 require significant changes to existing systems and practices. As a result, the parties foresee that flexibility will be required in order to ensure the smoothest possible transition to the new provisions of Section 11. To that end, measures facilitating the implementation, operation, or administration of the provisions in Section 11 may be implemented if agreed upon in writing by the Vice President, Labor Relations and the Association’s MEC Chairman.
Section 12: Hours of Service
A.p.185 General
1.Flying (Non-Company)
a.This Agreement contemplates that pilots shall devote their entire professional flying service to the Company, except that nothing in this Agreement shall be construed to prevent a pilot from affiliating with the military service of the United States.
b.Pilots shall not fly aircraft other than those operated by the Company for hire or remuneration unless authorized by the Vice President, Flight Operations, or designee.
c.Except for Company flight operations, a pilot shall not perform flying which would count toward the pilot’s FAR regulated block hours or duty time limitations. This does not restrict a pilot who is a member of a military guard or reserve organization in the flying of military aircraft.
2.Except as provided in Section 12.B.3.a.iii. and B.3.c.iii. (Airport Standby), and Section 25.M.1.g. (Reserve), a pilot shall be subject to operational limitations during a duty period within a trip. At all other times, a pilot shall be subject to scheduled limitations.
3.Operational Emergency
If the Company’s operations are disrupted due to extenuating circumstances not within the control of the Company, including, but not limited to, severe weather, natural disasters, abnormal ATC limitations or significant system disruptions, the Vice President, Flight Operations, or designee, may declare an operational emergency. When an operational emergency is declared, all flight, duty time and rest limitations may be extended/reduced to FAR limits, except as provided in Section 12.D.9. An operational emergency may be declared for a specific sort facility, a region of the system, nationwide or worldwide. In addition, the Company shall communicate the reasons for an operational emergency as soon as practicable but no later than 72 hours following the declaration thereof. In case of an operational emergency declared under this paragraph, the processes described in Section 12.C.5.b.ii. (domestic) and 12.D.6.c.ii. (international) shall apply.
4.A legal rest period shall not be considered interrupted when the Company:
a.provides a wake-up (alert) call to the pilot:
i.no earlier than 2 hours prior to showtime for an international duty period; or
ii.p.186 more than 2 hours prior to showtime as required by Section 12.D.1.g. in situations involving ground transit time exceeding 1 hour; or
b.leaves any form of non-verbal communication for a pilot staying at a hotel, e.g., note under the door, phone light; or
c.attempts to leave a message by telephone for a pilot at a location other than a hotel; or
d.attempts to notify a pilot of a personal emergency.
5.Maximum Landings
a.A pilot shall not be scheduled to exceed 3 landings, as part of an operating crew, in a duty period that begins in the critical period. If a pilot is scheduled for 3 landings as described above, the pilot’s next duty period that begins in the critical period in that trip shall have 2 or fewer landings, unless the pilot had an intervening critical period free from duty.
b.A pilot shall not be scheduled to exceed 4 landings, as part of an operating crew, in any duty period that touches the critical period.
c.A pilot shall not be scheduled to exceed 5 landings, as part of an operating crew, in any duty period.
d.A domestic multiple day trip shall not be scheduled for a cumulative total of more than 12 landings in the critical period, unless approved by the SIG.
e.The landing limits in this paragraph may be increased by 1 operationally.
6.Operational Trip Return to Base
a.Should an operational circumstance arise which requires a flight to return to base (or remain there) with no other intermediate destination (e.g., not block out, return to blocks prior to take-off while at base, air turn-back to base), the trip is not terminated, and CRS has the following options:
i.revise the trip to block out in that duty period;
ii.revise the trip to block out after a legal rest period at base; or
iii.remove the pilot, in which case the pilot:
(a)shall be compensated the greater of 3 CH, ABH, or duty rig computed from the pilot’s scheduled showtime until the pilot’s actual release; and
(b)shall be eligible for substitution, if applicable, for the balance of trip guarantee.
b.Should an operational emergency be declared as provided in Section 12.A.3. due to severe weather, mechanical difficulties, or other extenuating circumstances in a designated sort facility, p.187 flight crews may be rescheduled or diverted to their base. Under these circumstances, the pilot’s base will be treated as a normal alternate and not as a base. As such, the trip will not terminate, but will continue as if originally transiting the scheduled sort facility (i.e., hub turn outbound or layover in base as if the pilot was on a layover at the originally scheduled sort facility).
7.The Company shall provide a bid period report to the Association which indicates the dates, flights and relevant circumstances in which the Vice President, Flight Operations, or designee, exercised the VP’s authority to operationally extend a pilot beyond the Section 12.C.5. and 12.D.6. operational duty limitations or as provided in Section 12.B.3.b.ii. (c) and Section 12.B.3.d.ii.(c), except for extensions due to an operational emergency declared under Section 12.A.3.
8.If a pilot’s trip is extended into time originally scheduled free from duty at base, such extension shall be limited to the following, unless the pilot consents to a longer extension:
a.the Company may extend a pilot:
i.on a domestic trip up to 30 hours into time previously scheduled free from duty at base; or
ii.on an international trip up to 72 hours into time previously scheduled free from duty at base.
b.maintenance or weather disruptions particular to the pilot’s specific flight shall, but only to that limited extent, provide the Company with the ability to exceed the 30/72 hour limit without the pilot’s consent. For a flight which operates on multiple days (e.g., SAN-MEM Monday through Friday) under the same flight number, “specific flight” is a flight on a specific date, included in a trip awarded/ assigned to a particular pilot, and not a flight scheduled to operate under the same flight number on a different date. Example: Pilot A is scheduled to operate SAN-MEM on Tuesday as Flight 7. A flight is also scheduled to operate SAN-MEM on Friday also labeled Flight 7. Pilot A’s specific flight 7 on Tuesday. Notifications of the use of this provision shall occur using the provisions of Section 12.A.7.
9.Fatigue
a.A pilot who is excessively tired prior to actual check-in for a trip in base following a legal rest period shall notify CRS immediately and speak to a Fleet Captain or the Duty Officer about the pilot’s situation. The pilot will be removed from the pilot’s trip and to the extent the pilot had trip guarantee, the hours shall be eligible for make-up. If the trip was a reserve assignment, the underlying R-days will be dropped without pay, and the value of those R-days shall be eligible for make-up.
b.p.188 A pilot who becomes excessively tired subsequent to actual trip check-in shall notify CRS immediately and talk to the Duty Officer about the pilot’s situation. Depending on the pilot’s situation and the Duty Officer’s assessment, one of the following alternatives shall be enlisted to address the issue:
i.The pilot may be given a legal rest period. The pilot’s schedule thereafter may also be postponed until after the legal rest period is concluded.
ii.The pilot’s current trip may be revised to include some alternative duty assignment.
iii.The pilot may be removed from the pilot’s trip and placed in sick leave status as provided in Section 14.B.5., subject to Section 12.A.9.g. below; the pilot shall automatically be returned from sick leave 24 hours after the removal. The pilot shall have the ability to call in “well” prior to the 24 hours as provided in Section 14.B.3.
c.Deadheads that are necessary in any of the above situations shall be accomplished in accordance with this Agreement.
d.In the event there are any questions about the pilot’s fatigue call, the Association members of the Fatigue Event Review Committee (FERC) may make the initial contact with the pilot to discuss the issue(s) further.
e.The pilot shall submit a Fatigue Event Report, via appropriate Company automation, within 72 hours after the pilot’s fatigue call.
f.A pilot who calls fatigued away from base during a trip shall be treated in the same manner as provided in Section 14.B.4., and shall have local transportation and lodging provided by the Company.
g.The FERC shall meet and discuss all pilot fatigue calls made subsequent to actual trip check-in. For instances to which Section 12.A.9.b.iii. applied, the FERC will evaluate the circumstances surrounding the fatigue call and will attempt to reach a consensus concerning compensation for that trip, or portion thereof, not operated owing to the fatigue call.
i.The FERC may decide to authorize compensation as follows:
(a)With deduction of the applicable credit hours from the pilot’s sick bank; or
(b)With no deduction from the pilot’s sick bank.
ii.In the absence of consensus, the FERC shall refer the decision to the SCP.
10.p.189 Fatigue Risk Management System (FRMS)
With the consent of the Association, the parties may examine pairings as part of the Fatigue Risk Management System as follows:
a.For purposes of FRMS study, pairings shall be grouped into three categories:
Category 1: Prospective ULR Pairings;
Category 2: Prospective pairings that do not comply with either the FARs or the CBA or both; and
Category 3: Prospective pairings which comply with both the FARs and the CBA.
b.The Association consents to the study of ULR pairings (Category 1). Specific ULR pairing designs shall be approved in advance, unanimously by the Data Collection Steering Committee (DCSC) (e.g., flight sequence, layover times, location, departure and arrival times, time free from duty prior to and after the pairing). The DCSC will make decisions based upon available sleep science. Such pairings shall comply with Section 12.E.
c.The parties shall agree to a methodology for the clear and uniform identification of FRMS study pairings.
d.FRMS study pairings in Category 1 and 2 shall be offered to pilots on a strictly voluntary basis as agreed to by the parties.
e.Reserve pilots will be assigned FRMS study pairings on a voluntary basis only.
f.FRMS pairings will not be placed onto secondary lines unless specifically preferenced by the pilot.
g.FRMS study pairings not assigned by the applicable assignment window, as described in Section 25.G.3.a., shall be:
i.Reconstructed to comply with the CBA and FARs, and assigned per the CBA; or
ii.Notwithstanding Section 25.P., assigned to management pilots as originally designed but without data collection. Section 9.A.3. shall not apply to management assignments pursuant to this paragraph.
h.Pilots voluntarily operating Category 1 or 2 FRMS pairings shall be required to participate in the collection of human performance/alertness data, in accordance with and as required by the data collection protocols contained in the Collection of Human Performance/Alertness Data MOU. For Category 3 FRMS pairings, the Company shall not require participation in the collection of human performance/ alertness data, but may solicit for such, as provided in Paragraph A.6. of the Collection of Human Performance/Alertness Data MOU.
i.p.190 After appropriate testing and validation of such change(s) (as determined by the DCSC with the concurrence of the Fatigue Risk Management Group (FRMG)), the parties may seek to change provisions of this Agreement to the extent necessary to implement the tested and validated change(s). Any such changes shall be implemented if approved by the Company and the Association. The Association’s approval shall be sought in a manner deemed appropriate by the Association’s MEC (e.g., MOU, LOA, etc.).
j.Association members of the DCSC and FRMG shall be removed from flying as provided for FOQA Gatekeepers under Section 18.A.2.a. and shall be compensated and treated accordingly under Section 18.B.
11.In the event the Company becomes subject to new flight and duty time regulations that restrict operations otherwise permitted by this Agreement, the Company and the Association will meet to discuss jointly pursuing FAA certification of the affected CBA provisions as an Alternative Means of Compliance (AMOC) in lieu of such new, otherwise restricting, regulations.
12.Effective June 29, 2026, the Company shall compensate a pilot participating in a “study pairing” the applicable amount of special project pay (Section 4.S.) as described in the Collection of Human Performance/ Alertness Data MOU (Data MOU) Paragraph D.4. chart for each day of the pilot’s participation in the data collection effort, without a “maximum bid period compensation” limit.
a.A “study pairing” includes any study as provided in Section 12.A.10., Section 25.BB.E.5. (FRMG Track), the Data MOU, or other data collection effort agreed to by the Company and Association.
b.“Each day” shall include a Day (Section 2.38) the pilot’s trip footprint touches, plus any additional days requested by the DCSC.
B.Duty Period Limitations
1.Duty periods begin and terminate as follows:
a.When the first activity in a duty period is flight deck duty, that duty period shall begin with a showtime 1 hour before the scheduled block-out or actual check-in time, whichever is later. Such duty period may begin with a showtime more than 1 hour prior to scheduled block-out if the time greater than 1 hour is designated as a standby period. Commencement of a duty period shall not be delayed if block-out is rescheduled after scheduled showtime or actual check-in, whichever is later. If a trip is designated for a potential early pull from a pilot’s base, the showtime will be revised accordingly.
p.191 Example: The scheduled block-out of 0900 is moved up to 0830. Showtime automatically moves up from 0800 to 0730, and this is not standby time. On the other hand, if the scheduled block-out remains at 0900 and the Company wants the pilot to show early at 0730, then the period between 0730 and 0800 is a standby period.
[Note: The Company will implement a means to provide pilots with a notification of a revised scheduled showtime and, when possible, the revised corresponding ground transportation.]
b.When the first activity in a duty period is a deadhead by air, that duty period shall begin with a showtime at least 1 hour before the scheduled departure. Pilots may check in via VIPS in lieu of checking in at the FedEx operations area. The showtime for a deadhead sequence that begins with an intercontinental commercial deadhead segment shall be at least 1:30 hours prior to scheduled block-out.
c.When the first activity in a duty period is a deadhead by surface transportation, that duty period shall begin at the scheduled or rescheduled time of pick up.
d.When a deadhead precedes flight deck duty in the same duty period, the following shall apply:
i.If the deadhead is on a scheduled passenger air carrier, at least 1:30 (domestic)/2:00 (international) hours shall be scheduled between deadhead arrival and FedEx revenue flight block-out.
ii.If the deadhead is on Company (freight) aircraft (operational deadheads), chartered jet aircraft, or non-freight Company jet aircraft, at least 1 hour shall be scheduled between block-in and block-out.
iii.If the deadhead is a deadhead by surface transportation, at least 1 hour shall be scheduled between the surface deadhead arrival and block-out.
e.When a deadhead follows flight deck duty in the same duty period, the following shall apply:
i.If the deadhead is on a scheduled passenger air carrier, at least 1:30 (domestic)/2:00 (international) hours shall be scheduled between block-in of the FedEx revenue flight and departure of the deadhead.
ii.If the deadhead is on a chartered jet aircraft or non-freight Company jet aircraft, at least 1 hour shall be scheduled between block-in and block-out.
iii.p.192 If the deadhead is on Company jet (freight) aircraft (operational deadhead), at least 30 minutes shall be scheduled between block-in and block-out.
iv.If the deadhead is by surface transportation, 15 minutes shall be scheduled between block-in and the deadhead departure.
f.Except as provided in Section 12.B.2., when the last activity of a duty period is a deadhead by surface transportation that duty period shall terminate at the scheduled arrival time of the surface deadhead.
g.When the last activity of a duty period is flight deck duty or deadhead by air, that duty period shall terminate 30 minutes after block-in.
2.If a pilot is delayed in the completion of the pilot’s assigned duties beyond the scheduled or rescheduled termination time of the pilot’s duty period (extended customs clearance, maintenance, surface deadhead), that duty period shall end at the completion of those duties, provided the pilot notifies CRS of the pilot’s actual termination time prior to entering legal rest.
3.Standby
a.Base Airport Standby
i.A base airport standby duty period commences at showtime for the standby.
ii.A base airport standby duty period in which the pilot is not assigned a trip shall not exceed 5 hours.
iii.A base airport standby pilot may only be assigned a trip with a showtime during the 5 hour standby period (for revenue operations, scheduled block-out can be no later than 1 hour beyond the 5 hour standby period). If a pilot blocks out on that trip, the pilot shall be subject to operational limitations for the entire duty period.
iv.The pilot shall be notified of an assignment at least 1 hour prior to scheduled block-out, unless the first leg of the assignment is deadhead by chartered aircraft or Company jumpseat, in which case the notification shall occur at least 45 minutes prior to scheduled block-out.
b.Base Hotel Standby
i.A base hotel standby period shall not exceed 11:30 hours.
ii.A base hotel standby pilot may only be assigned duty commencing during the standby period. If a pilot’s pairing is revised, however, the following shall apply:
(a)p.193 If the pilot’s next activity is a scheduled hotel standby and the standby is rescheduled to begin earlier, that new start time must be preceded by at least 12 hours free from duty.
(b)If a pilot is given an assignment with a showtime prior to the start of the pilot’s next scheduled standby period, that assignment must be preceded by 12 hours free from duty.
(c)The 12 hour rest requirement provided in Section 12.B.3.b.ii.(a) and (b) may be reduced to the rest requirements of Section 12.C.6., or 12.D.7., as applicable. This may only be done by the Vice President, Flight Operations, or designee, in cases of operational emergency, as provided in Section 12.A.3., 12.C.5.b., or 12.D.6.c. If that occurs, the reduction in rest shall be reported to the Association in accordance with Section 12.A.7.
(d)If the pilot returns to base within the pilot’s standby period, the provisions of Section 12.B.3.b.vi., vii., and viii. shall apply.
(e)If a pilot is released early from the pilot’s standby period, for purposes of this paragraph, that standby period ends upon the pilot’s release.
iii.A base hotel standby pilot shall be notified of an assignment at least 1:30 prior to scheduled block-out, unless the first leg of the assignment is deadhead by chartered aircraft or Company jumpseat, in which case the notification shall occur at least 45 minutes prior to scheduled block-out.
iv.If assigned a trip, a base hotel standby pilot’s duty period shall begin at the showtime for that trip. If assigned a duty period that does not consist exclusively of a deadhead or operation as part of an augmented crew, the standby pilot shall be scheduled for release to a legal rest period not later than the scheduled on-duty limit for that showtime, but in any case, the standby pilot shall be released to a legal rest period not later than 4:30 hours after the end of the pilot’s standby period.
v.If assigned to base airport standby duty, the pilot’s duty period shall begin at showtime of the airport standby. If a pilot is not assigned a trip, the pilot’s airport standby shall terminate 5 hours after beginning duty for that standby or at the end of the base hotel standby period, whichever occurs first.
vi.p.194 A base hotel standby pilot who performs a flight sequence originating in the pilot’s base and returning to the pilot’s base within the same base hotel standby period shall contact CRS within 30 minutes following block-in.
vii.If a base hotel standby pilot performs a flight sequence originating at a layover station and returning to the pilot’s base for the purpose of resuming hotel standby status in that duty period, the pilot’s 11:30 base hotel standby period starts at the showtime for that flight sequence or the beginning of the originally scheduled standby period in the base hotel standby sequence, whichever occurs first. The pilot shall contact CRS within 30 minutes following block-in.
viii.If a pilot resumes base hotel standby duty as provided in Section 12.B.3.b.vi., or vii., CRS may:
(a)hold the pilot for the remainder of the pilot’s 11:30 base hotel standby period;
(b)assign the pilot to further duty commencing within the 11:30 standby period; or
(c)release the pilot to a legal rest period.
ix.A trip (including any extension) assigned to a pilot during a base hotel standby period shall be limited to no more than 30 hours (for a trip scheduled to domestic parameters) or 72 hours (for a trip scheduled to international parameters) into time previously scheduled free from duty at base, unless the pilot consents to waive the limitation.
c.Field Airport Standby
i.A field airport standby duty period commences at the showtime of the standby.
ii.A field airport standby duty period in which the pilot is not assigned a flight shall not exceed 5 hours.
iii.A field airport standby pilot may only be given a flight sequence with a showtime during the 5 hour standby period (for revenue operations, scheduled block-out can be no later than 1 hour beyond the 5 hour standby period). If the pilot blocks out on the flight, the pilot shall be subject to scheduled limitations for the entire duty period, unless extended to operational limitations with the prior approval of the Vice President, Flight Operations, or designee.
iv.A field airport standby pilot who performs a flight sequence originating in the pilot’s standby city and returning to that city within the same 5 hour field airport standby period, shall contact CRS within 30 minutes following block-in.
v.p.195 If a pilot performs a flight sequence originating at a layover city and returning to the standby city for the purpose of resuming airport standby status in that duty period, the pilot’s 5 hour field airport standby period starts at the showtime for that flight sequence or the beginning of the originally scheduled standby period in the field airport standby sequence, whichever occurs first. The pilot shall contact CRS within 30 minutes following block-in.
vi.If a pilot resumes standby duty as provided in Section 12.B.3.c.iv., or v., CRS may:
(a)hold the pilot for the remainder of the pilot’s 5 hour airport standby period;
(b)assign the pilot a flight sequence with a showtime within the 5 hour standby period; or
(c)release the pilot to a legal rest period.
vii.The pilot shall be notified of an assignment at least 1 hour prior to scheduled block-out, unless the first leg of the assignment is deadhead by chartered aircraft or Company jumpseat, in which case the notification shall occur at least 45 minutes prior to scheduled block-out.
viii.If a field airport standby pilot returns to the pilot’s base, unless the pilot is released from the remainder of the pilot’s trip by CRS, the pilot’s trip shall not end as a result of returning to the pilot’s base, notwithstanding the definition of a trip, and the following shall apply:
(a)if the pilot is not returned to the pilot’s field standby location by the end of the pilot’s next duty period, then at the end of the subsequent duty period, either the pilot’s trip shall end or the pilot shall be returned to the pilot’s standby location.
(b)the pilot may be scheduled to layover in the pilot’s base prior to the application of Section 12.B.3.c.viii.(a).
d.Field Hotel Standby
i.A field hotel standby period shall not exceed 11:30 hours.
ii.A field hotel standby pilot may only be assigned duty commencing during the standby period. However, if a pilot’s pairing is revised, in accordance with Section 25.S., the following shall apply:
(a)If the pilot’s next activity is a scheduled hotel standby and the standby is rescheduled to begin earlier, that new start time must be preceded by at least 12 hours free from duty.
(b)p.196 If a pilot is given an assignment with a showtime prior to the start of the pilot’s next scheduled standby period, that assignment must be preceded by 12 hours free from duty.
(c)The 12 hour rest requirement provided in Section 12.B.3.d.ii.(a) and (b) may be reduced to the rest requirements of Section 12.C.6., or 12.D.7., as applicable. This may only be done by the Vice President, Flight Operations, or designee, in cases of operational emergency, as provided in Section 12.A.3., 12.C.5.b., or 12.D.6.c. If that occurs, the reduction in rest shall be reported to the Association in accordance with Section 12.A.7.
(d)If the pilot returns to the pilot’s standby city within the pilot’s standby period, the provisions of Section 12.B.3.d.vi., vii., and viii. shall apply.
(e)If a pilot is released early from the pilot’s standby period, for purposes of this paragraph, that standby period ends upon the pilot’s release.
iii.A field hotel standby pilot shall be notified of an assignment at least 1:30 prior to scheduled block-out unless the first leg of the assignment is deadhead by chartered aircraft or Company jumpseat, in which case the notification shall occur at least 45 minutes prior to scheduled block-out.
iv.If assigned a flight, the pilot’s duty period shall begin at the showtime for such flight. If assigned a duty period that does not consist exclusively of a deadhead or operation as part of an augmented crew, the standby pilot shall be scheduled for release to a legal rest period not later than the scheduled on-duty limit for that showtime, but in any case, the standby pilot shall be released to a legal rest period not later than 4:30 hours after the end of the pilot’s standby period.
v.If assigned to field airport standby duty, the pilot’s duty period shall begin at showtime of the airport standby. If a pilot is not assigned a flight, the pilot’s airport standby shall terminate 5 hours after the showtime of that standby or at the end of the field hotel standby period, whichever occurs first.
vi.A field hotel standby pilot who performs a flight sequence originating in the pilot’s standby city and returning to that city within the same field hotel standby period, shall contact CRS within 30 minutes following block-in.
vii.If a pilot performs a flight sequence originating at a layover city and returning to the standby city for the purpose of resuming hotel standby status in that duty period, the pilot’s p.197 11:30 field hotel standby period starts at the showtime for that flight sequence or the originally scheduled showtime for that field hotel standby sequence, whichever occurs first. The pilot shall contact CRS within 30 minutes following block-in.
viii.If a pilot resumes field hotel standby duty as provided in Section 12.B.3.d.vi., or vii., CRS may:
(a)hold the pilot for the remainder of the pilot’s 11:30 field hotel standby period;
(b)assign the pilot to further duty commencing within the 11:30 standby period; or
(c)release the pilot to a legal rest period.
ix.If a field hotel standby pilot returns to the pilot’s base, unless the pilot is released from the remainder of the pilot’s trip by CRS, the pilot’s trip shall not end as a result of returning to the pilot’s base, notwithstanding the definition of a trip, and the following shall apply:
(a)if the pilot is not returned to the pilot’s field standby location by the end of the pilot’s next duty period, then at the end of the subsequent duty period, either the pilot’s trip shall end or the pilot shall be returned to the pilot’s standby location.
(b)the pilot may be scheduled to layover in the pilot’s base prior to the application of Section 12.B.3.d.ix.(a).
C.Domestic Provisions
1.General
a.Applicability
Domestic provisions apply to activities conducted entirely within the contiguous 48 states, and to trips constructed under Section 12.D.1.b. and c. (International Provisions).
b.1-in-7
A pilot shall be relieved from all duty for at least 24 consecutive hours at least once during any seven consecutive days.
c.1-in-10
A pilot assigned exclusively to domestic trips within a period of 240 hours shall be scheduled to be relieved from all duty at the pilot’s base for at least 24 consecutive hours at least once during that period. A pilot may waive the provisions of this paragraph to prevent a phase-in conflict, by indicating the pilot’s waiver when the pilot submits the pilot’s bid. It shall not be a violation of this rule if a pilot would have received the relief from duty required by p.198 this paragraph but for a bid line adjustment, reassignment trip, or a volunteer or draft assignment.
2.Domestic Block Hour Limitations
a.A pilot shall not be scheduled as an operating crew member in excess of 8 block hours during a single duty period or during any consecutive 24 hour period, except as provided in Section 12.C.2.b. or d.
b.A pilot may be scheduled as an operating crew member to exceed 8 block hours during any 24 consecutive hours. Prior to exceeding 8 ABH in that period, however, the pilot shall have received an intervening legal rest period of twice the block hours flown since the pilot’s last legal rest period, or 9:30 hours, whichever is greater, except as provided in Section 12.C.2.c.ii. or iii.
c.A pilot originally scheduled under Section 12.C.2.a., or b., but who, due to headwinds, ATC delays or other unavoidable circumstances (including an intermediate stop for these reasons) is projected to exceed the limitations contained in those paragraphs, may continue to the extent permitted by FAR regulations. Duty time and rest limitations as provided in Section 12.C.5. and C.6. still apply.
i.A pilot who, due to headwinds, ATC delays or other unavoidable circumstances (including an intermediate stop for these reasons) is projected to exceed 8 ABH without an intervening legal rest period, shall be permitted to continue to base or to the pilot’s layover station, whichever is scheduled to occur first, at which point the pilot shall receive a legal rest period. However, a crew shall not block-out from a location after having exceeded 8 hours of block time in a 24 hour period without a legal rest period.
ii.If a pilot is originally scheduled to exceed 8 block hours in 24 consecutive hours, as provided in Section 12.C.2.b., but due to headwinds, ATC delays or other unavoidable circumstances (including any intermediate stops for these reasons), cannot receive the minimum required legal rest period, the following shall apply:
(a)the pilot may be rescheduled for a legal rest period of at least twice the block hours flown since the pilot’s last legal rest period, but not less than 9 hours; or
(b)the pilot’s schedule may be revised to not exceed 8 block hours in 24 consecutive hours; or
(c)the pilot may be replaced (and shall earn trip guarantee).
iii.If a pilot departs the pilot’s base on a flight and makes an unscheduled return to that base without an intervening stop p.199 and the pilot is then projected to exceed 8 block hours in that same duty period, the Company shall employ one of the following options:
(a)reschedule the pilot so as not to exceed 8 block hours; or
(b)schedule the pilot for a legal rest period at base to ensure future legality; or
(c)remove the pilot, and, if the pilot is not a MUV, MUS, CMU, AFB, VLT, or DRF pilot, the pilot shall be eligible for substitution; or
(d)remove the pilot, and, if the pilot is a MUV, MUS, CMU, AFB, VLT, or DRF pilot, compensate the pilot the greater of 3 CH, ABH or duty rig computed from the pilot’s scheduled showtime until the pilot’s actual release.
d.The following provisions shall apply in place of Sections 12.C.2.b. and c. above, for a pilot whose trip (or series of trips) includes no duty (scheduled or actual) in the Critical Duty Period:
i.If the pilot’s trip (or series of trips), as awarded/assigned, exceeds 7:35 block hours in 24 consecutive hours, during two consecutive Day Duty Periods, then:
(a)Prior to exceeding 7:35 ABH during that 24 consecutive hour period, the pilot shall have received an intervening legal rest period of at least 10:15, operationally reducible to 9:15;
(b)As awarded/assigned, the pilot may be scheduled for one additional flight segment after having exceeded 7:35 block hours during that 24 consecutive hour period. Operationally, however, the pilot may block-out on two scheduled flight segments during the duty period after having exceeded 8 ABH during that 24 consecutive hour period, provided that the pilot’s intervening rest (described in Section 12.C.2.d.i.(a)) was at least 10:15; and
(c)The pilot shall be scheduled for a rest period of at least 13:00 following that second consecutive Day Duty Period, operationally reducible to 11:00.
[With the approval of the SIG, a trip (or series of trips) may be constructed in the bid period package with a scheduled rest period of at least 12:00 following that second consecutive Day Duty Period.]
ii.If the pilot’s trip (or series of trips), as awarded/assigned, does not exceed 7:35 block hours in 24 consecutive hours, during two consecutive Day Duty Periods, but the pilot actually accrues p.200 additional block time such that the pilot is projected to exceed 8 ABH, then:
(a)Prior to exceeding 8 ABH during that 24 consecutive hour period, the pilot shall have received an intervening legal rest period of at least 10:15, operationally reducible to 9:15; and
(b)The pilot may not block-out on any additional flight segments after having exceeded 8 ABH in a 24 consecutive hour period without a legal rest period.
iii.A trip constructed under Section 12.C.2.d.i. shall be appropriately designated in the bid period package and VIPS.
3.Domestic Crew Planning Limitations
Crew Planning limitations shall apply until 48 hours prior to showtime of a trip or series of trips, except that such limitations do not apply to a sequence of trips that includes an optional assignment (e.g., make-up, trip trade, volunteer or draft). Trips constructed and revisions that occur after that time shall be governed by Section 12.C.4. through C.6., as applicable.
a.Layover Minimum
A layover preceding duty as an operating pilot shall be scheduled for at least 10:15 hours. A layover preceding deadhead duty may be scheduled to a minimum of 8:30 hours.
b.Anchor Zone Requirements
An anchor zone is an 8 hour period of time, scheduled free from duty, that is common throughout a specified sequence of layovers. An anchor zone is required if a pilot’s planned trip, or series of trips involves operation in the critical period. The following shall apply to trips requiring an anchor zone:
i.The anchor zone shall be established based on the layover immediately preceding the first operation in the critical period and shall apply going forward only. If the first duty period in a trip or series of trips involves operation in the critical period, then the anchor zone is established based on the layover following such first operation in the critical period.
ii.By providing a layover of 18 hours or greater, an anchor zone may be reset. If the anchor zone is reset, then for the purposes of the anchor zone concept, the remainder of the trip following the reset anchor zone is considered to be a separate trip. An anchor zone is not reset merely due to the existence of a layover of 18 hours or greater; an anchor zone is only considered reset if the anchor zone after the 18 hour layover p.201 does not share a common 8 hours with the anchor zone prior to the 18 hour layover.
iii.An anchor zone may not be reset more than once during any trip or series of trips.
iv.For purposes of bid period package construction, an anchor zone reset within a trip or series of trips shall require approval of the SIG.
v.An anchor zone is not required in a layover preceding a deadhead-only duty period that concludes a trip.
vi.An anchor zone is not required on a standby trip.
c.Maximum Trip Length
A domestic trip shall not be scheduled for more than 204 hours TAFB.
d.Critical Period Operation with Deadhead Return
If flight deck duty occurs anytime in the critical period, there shall not be a following deadhead within the same duty period (unless approved by the SIG), except that the final duty period in a trip may contain such deadhead if the trip is scheduled to terminate in base prior to 1030 LBT and the duty period cannot be extended beyond normal scheduled duty limits to accomplish such.
e.Maximum Connect Time
When a deadhead follows flight deck duty in the same duty period, no more than 4 hours shall be scheduled between block-in of the FedEx revenue flight and departure of the deadhead.
f.Critical Period Out and Backs
Trips that depart base in the critical period and return to base in the same duty period (out and backs) shall be scheduled to block-in by 1000 LBT.
4.Domestic On-Duty Limitations (Scheduled)
a.Day
If the showtime for a duty period is between 0500 and 1559 LBT, that duty period shall be limited to a maximum of 13 hours scheduled, except as provided in Sections 12.C.4.d., e., or f.
b.Night
If the showtime for a duty period is between 1600 and 0059 LBT, that duty period shall be limited to a maximum of 11:30 hours scheduled, except as provided in Sections 12.C.4.d., e., or f.
If the showtime for a duty period is between 0100 and 0459 LBT, that duty period shall be limited to a maximum of 9 hours scheduled, except as provided in Section 12.C.4.g. and C.4.h.
d.Blended Duty Requirements
Transitions between the scheduled duty limits set forth in Section 12.C.4.a., b., and c. shall be as follows:
i.Day to night transition: 1515 to 1645 with 1:1 slope
ii.Night to critical transition: 2230 to 0100 with 1:1 slope
iii.Critical to day transition: 0500 to 0530 blend from 11 hours to 13 hours.
iv.If a pilot’s duty period contains flight segments with at least 4 hours between block-in and block-out, and a day room is scheduled and reserved during that time, normal scheduled domestic on-duty limitations (not blended duty limitations) shall apply.
e.If a pilot’s duty period comprises portions of 2 trips (e.g., two trips hub turning), one of which is an optional assignment (e.g., make-up, trip trade, volunteer or draft), the following scheduled on-duty limitations apply:
i.If the duty period is less than the scheduled on-duty limitations of Section 12.C.4.a. or b. (i.e., 13 Day and 11:30 Night), then the applicable scheduled on-duty limit (i.e., 13 Day and 11:30 Night) shall still apply.
ii.p.203 If the duty period comprised of 2 trips exceeds the scheduled on-duty limitations of Section 12.C.4.a. or b. (i.e., 13 Day and 11:30 Night), then the duty period shall be limited to a maximum of 13:30 (Day)/13:00 (Night) scheduled on-duty.
f.If a duty period is comprised exclusively of deadhead, the scheduled on-duty limitations contained in Section 12.C.4.a., b., or c. shall apply.
g.Deadhead Following Revenue Flight
The following applies to a duty period which includes deadhead to base after revenue flight.
i.If the duty period began in the critical period, the entire duty period remains limited to 9 hours scheduled (i.e., no increased duty is permitted in order to deadhead).
ii.If the duty period began in the day or night period, the entire duty period may be scheduled up to 2 hours beyond the scheduled limitations in Section 12.C.4.a. or b., in order to accomplish the deadhead. However, the portion of the duty period prior to check-in for the deadhead shall be scheduled to the on-duty limitations contained in Section 12.C.4.a. or b., as applicable.
h.For purposes of revenue recovery, the Vice President, Flight Operations, or designee, may authorize a trip to be scheduled up to operational limits in the critical period. This paragraph is for recovery purposes only; bid pack trips may not be scheduled this way.
i.If a pilot is scheduled to deadhead to base after revenue flying, and the pilot’s duty period exceeds 10 hours, the pilot may obtain a hotel room at Company expense, in order to take a later flight, as provided in Section 5.B.1.f.
j.If a pilot transits a base within a single duty period, at least 1:30 hours shall be scheduled between block-in and block-out. This paragraph does not apply to a transit which does not involve a change of aircraft.
p.204 Summary Chart for non-Blended Duty Limitations
| DAY | Scheduled | Operational | FAR |
|---|---|---|---|
| 0500–1559 LBT | 13:00 | 14:30 | 16 |
| Optional assignment awarded in excess of day limitations (e.g., SON, SWP, PDO, VLT, DRF, etc.) | 13:30 | 15:00 | 16 |
| NIGHT | Scheduled | Operational | FAR |
|---|---|---|---|
| 1600–0059 LBT | 11:30 | 13:00 | 16 |
| Optional assignment awarded in excess of night limitations (e.g., SON, SWP, PDO, VLT, DRF, etc.) | 13:00 | 14:30 | 16 |
| CRITICAL | Scheduled | Operational | FAR |
|---|---|---|---|
| 0100–0459 LBT | 9:00 | 10:30 | 16 |
| Optional assignment must be scheduled within critical limitations (e.g., SON, SWP, PDO, VLT, DRF, etc.) | 9:00 | 10:30 | 16 |
5.Domestic On-Duty Limitations (Operational)
a.General Rule
A pilot shall not be operationally extended more than 1:30 past the applicable scheduled on-duty limitation, except as provided in Section 12.C.5.a.ii. and 12.C.5.b. The “applicable scheduled on-duty limitation” is the maximum scheduled on duty limitation in each category (i.e., day, night, critical, deadhead to base or optional trip trade, VLT, etc.), with reference to Section 12.C.4.a., b., c., d., e., or f., except that if the scheduled duty limit is blended, then the operational duty limit shall be 1:30 more than that specific blended limit.
i.If a pilot’s duty period was properly scheduled as provided in Section 12.C.4.d.iv., such pilot’s scheduled duty limit remains the maximum scheduled on duty limit for the pilot’s category, regardless of operational events affecting the pilot’s scheduled ground time, or ability to use the pilot’s day room (e.g., delayed inbound).
ii.Reduced Operational Limit for Early Day Period Duties
(a)If the showtime for a pilot’s duty period is between 0500 and 0530, the pilot’s operational duty limit shall be:30 over the pilot’s scheduled duty limit.
(b)p.205 If the showtime for a pilot’s duty period is between 0531 and 0600, the pilot’s operational duty limit shall be 1:00 over the pilot’s scheduled duty limit.
b.If the Company’s operations or flight(s) are disrupted due to extenuating circumstances not within the control of the Company, including, but not limited to, severe weather, natural disasters, ATC limitations or significant system disruptions, the following shall apply:
i.A pilot may, subject to Section 12.C.5.b.ii., be scheduled to continue up to FAR duty limits, with the prior approval of the Vice President, Flight Operations, or designee, if necessary to complete the pilot’s scheduled or rescheduled flight sequence or return to base, whichever occurs first. Block time limitations as described in Section 12.C.2.c. still apply.
ii.In the event of a trip delay, revision or operational emergency that extends, or would extend, a pilot beyond the operational limitations, a pilot who becomes excessively tired shall notify CRS immediately and then speak to the Duty Officer about the pilot’s situation. Depending on the pilot’s situation and the Duty Officer’s assessment, one of the following alternatives shall be enlisted to address the issue:
(a)The pilot’s duty may be revised to include some alternative duty that is at or within operational limits; or
(b)The pilot may be given a legal rest period. In this case, the pilot’s schedule thereafter may be postponed until after the legal rest period is concluded.
(c)Should it be determined that the pilot requires more rest than the legal rest provided pursuant to Section 12.C.5.b.ii.(b), the pilot may be removed from the balance of the pilot’s trip and be placed in sick leave status. If the pilot is placed in sick leave status the pilot shall be automatically returned from sick leave 24 hours after the removal. The pilot shall have the ability to call in “well” prior to the 24 hours as provided in Section 14.B.3.
(d)The FERC shall meet and discuss all instances to which 12.C.5.b.ii. applied.
iii.Deadheads that are necessary in any of the situations described in Section 12.C.5.b.ii. shall be accomplished in accordance with the Agreement.
iv.Nothing in these paragraphs shall diminish a pilot’s responsibility to ensure that the pilot has adequate rest prior to reporting for duty.
c.p.206 The 1:30 buffer applicable to base transits may be operationally reduced to not less than 1 hour (CRS may provide the 1 hour minimum operational buffer by rescheduling the outbound segment of a hub turn).
6.Domestic Rest Provisions
a.A domestic rest period shall be scheduled for not less than 9:30 hours (8:30 hours when the following duty period consists entirely of deadhead), and shall not be operationally less than 9 hours (8:30 hours when the following duty period consists entirely of deadhead).
b.A pilot who exceeds 8 ABH in any consecutive 24 hour period shall be scheduled for a rest period of:
i.17 hours prior to performing the pilot’s next duty as an operating crew member, when Sections 12.C.2.b. or c. are applicable. This rest period may be operationally reduced as necessary, consistent with FAR limitations, but not less than 11 hours; or
ii.13 hours prior to performing the pilot’s next duty as an operating crew member, when Sections 12.C.2.d.i. or ii. are applicable, which may be operationally reduced to 11 hours.
[For a SIG approved trip (or series of trips): a scheduled rest period of at least 12:00 hours.]
c.If a pilot cannot be scheduled for a return deadhead within 4 hours after scheduled block-in of the pilot’s last revenue flight, the pilot shall be given a legal rest period prior to the pilot’s return deadhead.
d.If a pilot operationally receives a layover of less than 11 hours, immediately following operation in the critical period, the pilot’s next layover must be at least 12 hours, unless the remainder of the pilot’s trip contains only deadheading, except as provided in Section 12.A.3. (operational emergency).
D.International Provisions
1.General
a.Except as provided in Section 12.D.1.b. and c., international provisions apply to flight activities of pilots that originate from, have a destination of, or make an intermediate stop at a location outside the contiguous 48 states. A scheduled international flight activity that actually operates entirely within the 48 contiguous states shall be governed by the domestic provisions contained in Section 12.C.
b.Domestic rest limitations may be applied to SIBA and FDA trips operating entirely outside the locations described in Section p.207 12.D.1.c.i., provided that they are scheduled not to exceed domestic block hour and on-duty limitations. Such trips must also meet the following:
i.no duty period is scheduled to exceed 6 block hours or 11 hours on duty; and
ii.if a duty period actually exceeds 6 block hours or 11 hours on duty, that duty period may be operationally extended as follows:
(a)to domestic limitations if the preceding rest period was at least a minimum domestic legal rest period; or
(b)to international limitations if the preceding rest period was at least a minimum international legal rest period; and
iii.If a duty period actually exceeds 6 block hours or 11 hours on duty, the pilot shall receive an international legal rest period after that duty period.
iv.A rest period of at least 18 hours after an intercontinental deadhead shall be scheduled prior to the operation of a live flight.
v.An international legal rest period must follow a deadhead to and from a SIBA or FDA base in a trip on which a pilot, other than a pilot on SIBA or FDA, deadheads to and from a SIBA or FDA base to perform flying described in Section 12.D.1.b. (i.e., the pilot is not assigned to the SIBA or FDA location, but is assigned to fly a trip at such a location).
c.Unless otherwise agreed by the Association SIG Chairman, trips in the following categories shall be scheduled and operated in accordance with domestic parameters rather than international parameters:
i.Trips that operate entirely within Alaska; or within or between Canada, Mexico, Bermuda, and Puerto Rico, or between any of these locations and the contiguous 48 states.
ii.For FDA pilots, trips operated exclusively within the “European theater.” For purposes of this provision, Section 12.D.1.c.ii., the “European theater” includes airports west of 40 degrees east longitude, north of 30 degrees north latitude and east of 10 degrees west longitude.
(a)If a non FDA pilot deadheads to and from an FDA to perform flying described in this paragraph, an international legal rest period shall follow each of these deadheads, but in any case a rest period of at least 18 hours after an intercontinental deadhead shall be scheduled prior to the p.208 operation of a live flight. The non FDA pilot shall otherwise be subject to domestic parameters.
(b)If the Company revises a trip that, prior to the revision, was scheduled exclusively within the “European theater,” and due to the revision includes activity outside the European theater, the remainder of the trip shall be subject to international parameters.
iii.If the Company opens a new FDA to operate trips that are not in the European theater, the parties shall meet and discuss whether trips assigned to that base should be eligible for construction under Section 12.D.1.c. If the Company and the Association agree, trips in that new FDA may be constructed under Section 12.D.1.c.
d.International Duty Free Buffer
i.A pilot shall be relieved of all duty for at least 24 consecutive hours prior to the start of an international trip scheduled to exceed 120 consecutive hours TAFB, except for trips scheduled in accordance with Section 12.D.1.c.i. A pilot may, however, be on reserve (during which time the pilot performed no flying or standby duty) within 24 hours of the showtime for an international trip scheduled to exceed 120 consecutive hours.
ii.A pilot shall be relieved of all duty and reserve availability for at least 48 consecutive hours at the conclusion of an international trip that exceeds 120 hours TAFB, except for trips scheduled in accordance with Section 12.D.1.c.i. If the 48 hour buffer conflicts with an R-24 pilot’s notification window, the pilot shall be responsible for reserve assignments placed in VIPS at least 24 hours prior to the scheduled showtime of the assignment (as described in Section 25.M.3.a.v.(b)).
iii.A pilot may waive the international buffers set forth in Section 12.D.1.d.i. and ii. A pilot is deemed to have waived any conflict with the international buffer resulting from a bid line adjustment, reassignment trip, or a volunteer or draft assignment.
e.International Emergency Replacement
If it is necessary to position a pilot to a location outside the contiguous 48 states, to replace another pilot who cannot complete the pilot’s trip, the positioning pilot’s duty period may be extended as necessary, subject to the following conditions:
i.no field emergency pilot is available; and
ii.operational requirements prevent the positioning pilot from being scheduled in compliance with normal scheduling parameters (i.e., Section 12.D.5.); and
iii.p.209 the duty time extension must be authorized by the System Chief Pilot or designee; and
iv.the class of service for a deadhead scheduled for less than 16 hours on duty shall comply with Section 8.A.5.c.i. and ii. The class of service for a deadhead scheduled to exceed 16 hours on duty shall comply with Section 8.A.5.c.iv.(b). A lower class of service may be authorized by the Vice President, Flight Operations, or designee. In any case, the pilot’s deviation bank shall be credited as provided in Section 8.A.5.c.vi. (highest available class); and
v.the pilot shall receive an international legal rest period following the deadhead.
vi.If a pilot’s duty period is extended under the provisions of this paragraph, the pilot shall be compensated as follows:
(a)If the pilot is not a reserve pilot, the pilot shall be compensated trip guarantee at 150% of the pilot’s normal pay rate.
(b)If the pilot is a reserve pilot, 100% of the trip guarantee shall be credited toward RLG and leveling, and the remaining 50% shall be compensated in addition to RLG.
f.Crew augmentation (3-pilot or 4-pilot) may be scheduled only when the duty period requires such crew, except in the following circumstances:
i.when the Company reasonably anticipates that such crew may be required due to extended block hours or duty time;
ii.as directed by the VP, Flight Operations, or the Director of Operations for the sole purpose of safety; or
iii.on an individual trip or pairing when approved by the SIG.
[Note: Proposed crew augmentation studies/changes may be accomplished under the current Section 12.A.10. provisions]
g.International Alert Calls
i.International alert calls shall be available as follows:
(a)Upon request, flight crews in domicile will receive an alert call for trip departures to ANC or HNL, and intercontinental destinations (e.g., to Europe, South America, or Asia), but not Canada, Caribbean, or Mexico (Central America) destinations;
(b)In advance of duty periods whose first revenue flight has an origin and destination outside the contiguous 48 States, regardless of scheduled duty time; and
(c)p.210 Flight crews not in domicile will receive an alert call for trip departures to ANC or HNL, and intercontinental destinations (e.g., to Europe, South America, or Asia), but not Canada, Caribbean, or Mexico (Central America) destinations.
ii.Procedures for alert calls may vary by location, but in any event shall be provided at least 1 hour prior to scheduled pickup time.
iii.Alert calls are provided on the basis that they do not start a pilot’s duty clock; should regulations apply which require a pilot’s duty clock to start when the pilot receives an alert call, there shall no longer be any alert call requirement in force.
h.The Company shall pursue FAA approval of an enhanced rest environment on B767 aircraft. Any augmented duty periods on B757 or B767 aircraft lacking an enhanced rest environment, shall require an enhanced sleep opportunity (ESO). The ESO shall be required prior to the flight segment if the flight segment departs from a location outside the pilot’s base. The ESO shall be required following the flight segment, unless that flight segment ends at base. The ESO shall consist of a duty free period of at least 36 hours. The ESO may be waived by the pilot operationally.
i.1-in-7
A pilot shall be relieved from all duty for at least 24 consecutive hours at least once during any seven consecutive days.
j.Sleep kits will be provided for all augmented crews and consist of at least one pillow with pillowcase, two blankets, and a mattress liner.
2.International Grid
The international grid and its related crew planning limitations shall apply until 96 hours prior to the showtime of an international trip or series of trips, other than those scheduled in accordance with Section 12.D.1.b. or c. Trips constructed and revisions that occur after that time shall be governed by Section 12.D.3. through D.10.
p.211| INTERNATIONAL GRID | |||||
|---|---|---|---|---|---|
| Inbound Flight Segment | Crew Complement | Sleep State | Scheduled Duty | Number of Landings | Block Hours |
| TZD of 5 or more | 2 Pilots | Reset | 13:30 | 3 | 8 |
| Reset | 12:00 | 4 | |||
| Adjusted | 10:00 | 2 | |||
| Not Adjusted | 8:30 | 2 | |||
| 2 Pilots + RFO | Reset | 13:30 | 2 | 12 | |
| Adjusted | 12:30 | 2 | |||
| Not Adjusted | 10:00 | 2 | |||
| 2 Full Crews | Reset | 18:00 | *1 | 16 | |
| Adjusted | 16:00 | *1 | |||
| Not Adjusted | 16:00 | 1 | |||
| TZD of less than 5 | 2 Pilots | Reset/ Adjusted | 13:30 | 3 | 8 |
| Reset/ Adjusted | 12:00 | 4 | |||
| Not Adjusted | 12:00 | 4 | |||
| 2 Pilots + RFO | Reset/ Adjusted | 13:30 | 2 | 12 | |
| Not Adjusted | 10:00 | 2 | |||
| 2 Full Crews | Reset/ Adjusted | 18:00 | *1 | 16 | |
| Not Adjusted | 16:00 | 1 | |||
*This international grid landing limit may be increased by one for the accommodation of a scheduled “tech stop,” or where otherwise authorized by the Vice-President of Flight Operations, System Chief Pilot, or Director of Operations.
a.For purposes of applying the international grid, the following values shall apply:
i.A layover of 32 hours or more is a reset, provided, however, that for European SIBA only, after deadheading into theater, an immediate layover of 30 hours or greater acts as a reset.
ii.A layover of 18 hours or more is adjusted.
iii.A layover of less than 18 hours is not adjusted.
iv.p.212 Duty periods including tech stops (e.g., HNL-NAN-SYD) may be scheduled to operate up to reset duty limits provided that the preceding layover is at least adjusted.
b.After crossing 5 or more TZD remain on top half of the chart until a reset layover occurs.
c.A pilot shall not be scheduled for more than 3 “not adjusted” rests in a row (containing no more than 4 hub turns).
d.After an inbound of 5 or more TZD a reset is required if more than 1 “not adjusted” rest is scheduled.
e.International Grid minimum layovers shall be as follows:
| PRECEDING DUTY PERIOD | REQUIRED LAYOVER (HOURS) | DUTY PERIOD FOLLOWING |
|---|---|---|
| Revenue Operation | 14 | Revenue Operation |
| Revenue Operation | 12 | Hotel Standby |
| Revenue Operation | 12 | Deadhead Only |
| Deadhead Only | 14 | Revenue Operation |
| Deadhead Only | 12 | Hotel Standby |
| Deadhead Only | 12 | Deadhead Only |
| Hotel Standby | 12 | Revenue Operation |
| Hotel Standby | 12 | Hotel Standby |
| Hotel Standby | 12 | Deadhead |
f.Duty periods involving deadheads shall be scheduled in accordance with the following:
| LANDINGS | DUTY LIMITS | ||||
|---|---|---|---|---|---|
| DH only | Live to DH | DH to live | DH only | Live to DH | DH to live |
| no limit | no limit | Grid | Section 12.D.5.b. and c. | Grid based on reset parameters | Grid |
g.A pilot on a trip or series of trips containing any duty period with a TZD of 5 or more shall be scheduled for a layover of at least 32 hours at least once in any period of 120 consecutive hours; provided, however the 32 hour layover shall not be required after all live operations in a trip are finished. For trips that do not cross 5 TZDs, a pilot shall be scheduled for a layover of at least 36 hours at least once in any period of 168 consecutive hours; provided, however, p.213 the 36 hour layover shall not be required after all live operations in a trip are finished.
h.Trips shall be constructed with a maximum of 313 hours TAFB in a 4 week bid period, or 390 hours TAFB in a 5 week or 6 week bid period.
3.International Block Hour Limitations (Scheduled)
a.2-Pilot Crew
A pilot operating as part of a two pilot crew shall not be scheduled in excess of the block hour limitation provided in Section 12.C.2.a. through c. (8-in-24 and related rules).
b.3-Pilot Crew
A pilot operating as part of a three pilot crew (CAP and F/O and RFO or RF2) shall have the following scheduled block hour limitations:
i.Not more than 12 SBH in any 24 consecutive hours on a nonstop flight;
ii.Not more than 11:30 SBH in any 24 consecutive hours on a flight having 1 intermediate landing;
iii.Not more than 10 SBH in any 24 consecutive hours on a flight having 2 or more intermediate landings.
4.International Block Hour Limitations (Operational)
a.2-Pilot Crew
A pilot operating as part of a two pilot crew shall be subject to the operational block hour limitations provided in Sections 12.C.2.a. through c. (8-in-24 and related rules).
b.3-Pilot Crew
If a pilot operating as part of a three pilot crew (CAP and F/O and RFO or RF2) is projected to exceed the scheduled block hour limitations provided in Section 12.D.3.b., since the completion of the pilot’s last international legal rest period due to headwinds, ATC limitations, or other unavoidable circumstances (including an intermediate stop for these reasons), the pilot may continue to the pilot’s base or the pilot’s original destination, whichever occurs first. However, a crew shall not block out from a location after having exceeded 12 ABH in a 24 hour period without a legal rest period.
5.International On-Duty Limitations (Scheduled)
a.13:30 Hour Duty
A pilot may be scheduled to a maximum of 13:30 hours on-duty.
b.16 Hour Duty For Duty Periods Involving Deadhead Only p.214 If a duty period is comprised entirely of deadhead, that duty period shall be limited to a maximum of 16 hours scheduled on duty, except as provided in Section 12.D.5.c.
c.Deadheads Over 16 Hours on Duty
Deadheads may be scheduled over 16 hours, but not more than 22 hours (Section 8.A.3.b.vii.), in a single duty period subject to the procedures outlined in Section 8.A.5.c.iv.
6.International On-Duty Limitations (Operational)
a.The 13:30 hour scheduled on-duty limitation contained in Section 12.D.5.a. may be operationally extended to a maximum of 15:00 hours.
b.The 16 hour scheduled on-duty limitation contained in Section 12.D.5.b. may be operationally extended to a maximum of 17:30 hours.
i.If the deadhead departure is delayed more than 2 hours, the pilot shall promptly advise CRS of such delay; and
ii.if, due to the delay, the pilot is projected to exceed operational limitations, the pilot shall advise CRS, and shall be given a legal rest period, or with mutual consent of the pilot and CRS, the pilot may extend up to the time required to complete the deadhead or until cancellation, whichever occurs first. CRS shall ensure that adequate crew rest is provided at the destination.
c.If the Company’s operations or flight(s) are disrupted due to extenuating circumstances not within the control of the Company, including, but not limited to, severe weather, natural disasters, ATC limitations or significant system disruptions, the following shall apply:
i.A pilot may, subject to Section 12.D.6.c.ii., be scheduled to continue on duty up to 1:30 past operational limits, or 16 hours, whichever is greater, with the prior approval of the Vice President, Flight Operations, or designee, if necessary to complete the pilot’s scheduled or rescheduled flight sequence or return to base, whichever occurs first. Block time limitations as described in Section 12.D.4. still apply.
ii.In the event of a trip delay, revision or operational emergency that extends, or would extend, a pilot beyond the operational limitations, a pilot who becomes excessively tired shall notify CRS immediately and then speak to the Duty Officer about the pilot’s situation. Depending on the pilot’s situation and the Duty Officer’s assessment, one of the following alternatives shall be enlisted to address the issue:
(a)p.215 The pilot’s duty may be revised to include some alternative duty that is at or within operational limits; or
(b)The pilot may be given a legal rest period. In this case, the pilot’s schedule thereafter may be postponed until after the legal rest period is concluded.
(c)Should it be determined that the pilot requires more rest than the legal rest provided pursuant to Section 12.D.6.c.ii.(b), the pilot may be removed from the balance of the pilot’s trip and be placed in sick leave status. If the pilot is placed in sick leave status, the pilot shall be automatically returned from sick leave 24 hours after the removal. The pilot shall have the ability to call in “well” prior to the 24 hours as provided in Section 14.B.3.
(d)The FERC shall meet and discuss all instances to which Section 12.D.6.c.ii. applied.
iii.Deadheads that are necessary in any of the situations described in Section 12.D.6.c.ii. shall be accomplished in accordance with the Agreement.
iv.Nothing in these paragraphs shall diminish a pilot’s responsibility to ensure that the pilot has adequate rest prior to reporting for duty.
7.International Rest Provisions
a.An international legal rest period shall be a minimum of 12 hours.
b.An international duty period shall be preceded by a duty free period of not less than 12 hours, except for international trips scheduled to domestic parameters (as described in Section 12.D.1.b. and c.).
c.If a pilot’s international duty period is scheduled to exceed 8 block hours or 12 hours on-duty, the pilot shall be scheduled for a rest period of at least 17 hours following that duty period. That rest period may be operationally reduced:
i.to a rest period of 16 hours;
ii.to a minimum of 12 hours if the ABH do not exceed 8 hours and the actual hours on duty do not exceed 12 hours; or
iii.to a minimum of 12 hours, as provided in Section 12.D.7.d.
d.If an international flight arrives late at a layover location, the international rest period at that location may be reduced to the extent necessary to protect an on time departure for the next duty period. The international rest period, however, shall not be less than 12 hours plus 1 minute rest for each minute by which the duty period preceding that rest period exceeded the applicable scheduled on duty limitation.
e.p.216 Except for international trips scheduled to domestic parameters (as described in Section 12.D.1.b. and c.), upon completion of an international duty period and prior to a domestic duty period, a pilot shall receive a minimum international legal rest period unless a greater legal rest period is required.
8.International Double Crew Provisions (Non-ULR)
a.A double crew for a 2-pilot aircraft shall be:
i.Scheduled: A double crew may be scheduled with 2 Captains and 2 First Officers or with 1 Captain and 3 First Officers, provided, however that for the first 3 bid periods during which a new lane segment is being developed, a double crew flying that lane segment shall consist of 2 Captains and 2 First Officers.
ii.Operational: 1 Captain and 3 First Officers 2-Pilot Aircraft
b.A double crew may be utilized only on aircraft equipped with a bunk for each resting pilot that allows for a flat sleeping position and is located separate from the flight deck and in an area that is temperature controlled, allows the flight crew member to control light, and provides isolation from noise and disturbance.
c.Block Hour Limitations
A 4-pilot double crew shall not exceed 16 block hours in any 24 consecutive hours.
d.On-duty Limitations
A 4-pilot crew may be scheduled to a maximum of 18 hours on duty, which may be extended to 19:30 hours operational.
e.Rest Provisions
A double crew shall be scheduled to receive a rest period following each duty period equal to or greater than the actual on-duty hours of that duty period, but not less than 17 hours. This rest requirement may be operationally reduced to 16 hours.
9.Additional Landing and Duty Extension Limitations
The following additional limits apply to trips governed by Section 12.D.3. through 8., even in situations covered by Section 12.A.3. or 12.D.6.c.i.
a.If a landing(s) is added to a trip governed by Section 12.D.3. through 8., such landing(s) shall be limited to one more than those permitted in the International Grid, provided however, that in unusual operational circumstances (e.g., air turn backs, weather/ maintenance diverts, unscheduled tech stops, etc.), a pilot shall consult with the Vice President, Flight Operations or designee, p.217 and may, at the pilot’s election, exceed such limits in order to finish the pilot’s scheduled flight sequence.
b.Any extension beyond operational limits as provided in Section 12.A.3., or D.6.c.i., shall be limited to 1:30 past operational limits, or 16 hours, whichever is greater.
10.Grid Penalties
This paragraph applies to all international trips except for international trips constructed under Section 12.D.1.b. or c.
a.A grid penalty event (GPE) occurs in the following six circumstances:
i.A pilot’s duty period exceeds the maximum duty permitted in the Grid based on the pilot’s Grid sleep state by more than 1:30.
ii.A pilot’s layover was less than the applicable International Grid Minimum Layover (i.e., 14 hours or 12 based on the chart in Section 12.D.2.e.).
iii.A pilot received more than 4 “not adjusted” rests in a row. Each rest after 3 non-adjusted rests shall be a separate GPE event. An initial GPE occurs when the pilot’s fifth duty period begins without the pilot having received at least 18 hours free from duty preceding the beginning of that duty period. For purposes of Section 12.D.10.a.iii. (this paragraph) only, an unassigned hotel standby period shall be counted as part of the rest periods preceding and/or following it (e.g., an unassigned 11:30 hotel standby period, followed by a 12:30 rest period will be counted as an adjusted rest).
iv.A pilot exceeds the landing limitations as permitted in the Grid in any single duty period.
v.30-in-120 Nonconformance Penalty
If a pilot’s trip did not conform to 30-in-120 (as set forth in Section 12.D.2.g., except using 30 instead of 32 hours), the pilot shall be paid 3 CH in addition to all other compensation regardless of the 48-hour period as stated in Section 12.D.10.c., and the event shall be additive to the total count of GPEs for the trip.
vi.34-in-168 Nonconformance Penalty
If a pilot’s trip did not conform to 34-in-168 (as set forth in Section 12.D.2.g., except using 34 instead of 36 hours), the pilot shall be paid 3 CH in addition to all other compensation regardless of the 48-hour period as stated in Section 12.D.10.c., and the event shall be additive to the total count of GPEs for the trip.
b.p.218 If all GPEs in a trip touch a single 48 hour period, no grid penalty shall be due, except as provided in Section 12.D.10.a.v. or vi.
c.If all GPEs do not touch a single 48 hour period, then the following penalties shall apply:
i.If the trip has two or fewer GPEs, the pilot shall be paid 3 CH per violation in addition to all other compensation. A duty period that triggers a payment under this paragraph shall be ineligible for FAR Extension Pay.
ii.If the trip contained more than two GPEs, the pilot’s trip guarantee shall be paid a premium of 50% based on the pilot’s normal rate of pay (i.e., if trip guarantee was at 100%, it pays at 150%; if trip guarantee was at 125% (OTP), it pays at 175%; if trip guarantee was at 150%, it pays at 200%). For a reserve pilot, the CH representing the 50% premium shall not be credited toward RLG, but shall be paid in addition to all other compensation, including BLG/RLG.
iii.If a trip has multiple GPEs, one of which is a 30-in-120 or 34- in-168 violation, the GPEs in that trip shall be deemed not to touch a single 48 hour period.
11.In the event that the Company acquires any Airbus A380 aircraft for use in revenue operations, the Company agrees to reinstate and honor all A380-specific language as it appeared in the 2006 and 2011 CBAs.
E.Ultra Long Range (ULR) Flying
1.A ULR trip is a trip in which at least one revenue flight segment is scheduled to exceed either 16 hours of block or 18 hours of duty.
2.ULR Grid
The ULR Grid is only applicable to ULR flight segments within a trip.
| ULR GRID | ||||
|---|---|---|---|---|
| Pre-Rest for ULR segments beginning within +/- 1 time zone of pilot’s base | Required layover before and after embedded ULR flight segments | Scheduled Duty | Number of Landings in a Duty Period with a ULR Flight Segment | ULR Flight Segment Block Hours |
| *24 hours reducible to 18 hours | 40 hours reducible to 38 hours * | 20:00 | 1 | 18:00 |
*A lower limit may be agreed upon by the Association’s SIG Chairman.
3.As provided in Section 12.A.10., ULR operations shall be evaluated as part of the FRMS. In addition to the provisions in Section 12.A.10., p.219 following the FRMS study, and with the unanimous approval of the Scientific Advisory Committee, the Company may seek approval by the FAA for ULR city pair flight segments which shall include the specific pairing design as approved by the DCSC. If approved, the specific pairing design shall not be materially altered without the consent of the Association.
4.Other ULR Scheduling Limitations and Provisions
Upon the FAA’s approval of ULR operations under the Company’s FRMS, and notwithstanding Section 12.D.8., all ULR-related provisions contained in this Agreement shall become immediately applicable for the specific pairing design approved by the FAA.
a.A ULR crew may be utilized only on aircraft equipped with a bunk for each resting pilot that allows for a flat sleeping position and is located separate from the flight deck and in an area that is temperature controlled, allows the flight crew member to control light, and provides isolation from noise and disturbance.
b.Block Hour Limitations
A ULR crew shall not exceed 18 block hours in any 24 consecutive hours.
c.On-Duty Limitations
A ULR crew may be scheduled to a maximum of 20 hours on duty, which may be extended to 21:30 hours operational. Any extension beyond the operational limit up to legal limits shall include the protections contained in Section 12.D.6.c.
d.Rest Provisions
A ULR crew shall be scheduled to receive a rest period of 40 hours or greater, prior to and after a ULR flight segment. This rest period may be operationally reduced to 38 hours. However, if the ULR flight segment is scheduled to depart within (+/-) 1 time zone of the pilot’s base, and the flight sequence prior to the ULR flight contains no more than a single flight segment, the scheduled rest period required prior to the ULR flight segment shall be 24 hours, which may be operationally reduced to 18 hours.
e.There shall be no more than 2 scheduled ULR flight segments per trip, except on an operational basis with the pilot’s consent.
f.A ULR double crew shall be scheduled with a minimum of 2 Captains but, operationally, may consist of 1 Captain and 3 First Officers.
g.Upon a return to base from a trip greater than 168 hours TAFB which concludes with a ULR flight segment, a ULR crew shall receive a 56 hour period free from duty, encompassing 3 Physiological Nights Rest (0100-0700 LBT).
h.p.220 The parties recognize that the matters governed by Section 12.E. are new to the system and involve as yet unforeseen operational considerations. As a result, the parties foresee that flexibility will be required in order to ensure the smoothest possible transition to the application of ULR rules. To that end, measures facilitating the implementation, operation, and/or administration of the provisions in Section 12.E. may be implemented if agreed upon in writing by the Vice President, Labor Relations and the Association’s MEC Chairman.
Section 13: Leaves of Absence
A.p.221 General
1.A pilot’s filing for a leave of absence shall be directed to the pilot’s Fleet Captain. The filing shall be submitted as far in advance as practicable prior to the intended start of the leave filed for, except as provided in Section 13.B.1. (Personal Leave of Absence). The filing shall contain a statement of the type of leave and the reason(s) for which the leave of absence is being filed for, except that reasons for a Medical Leave of Absence shall be sent to the Company’s aeromedical advisor, as provided in Section 13.C. The pilot’s Fleet Captain, or designee, shall respond in writing to a filing for a leave of absence as soon as practicable, but in no event later than 15 calendar days following receipt of the filing.
2.A pilot returning from a leave of absence is expected to possess FAA certificates and ratings consistent with the crew status to which the pilot is returning, as provided in Section 24.A.3.a.
3.A pilot returning from a leave of absence, other than a medical leave of absence, who does not possess an FAA medical certificate, shall be placed on sick leave or Medical Leave of Absence, provided the pilot is otherwise eligible for that leave as provided in Section 13.C. (including verification of the pilot’s medical condition by the Company’s aeromedical advisor if required by the Company).
4.Rules of conduct applicable to pilots in active service apply to pilots on leaves of absence. The standard for administering discipline and discharge for a pilot on a leave of absence shall be as provided in Section 19. Notice for preliminary hearings and other disciplinary proceedings shall be sent in accordance with Section 19.E.1. and Section 19.F.4. and 5. A pilot may designate in writing an alternative mailing address for all notices.
5.A pilot on a leave of absence shall not engage in other flying employment without prior written permission from the System Chief Pilot, or designee.
6.The following provisions shall apply to a pilot capable of returning to active service following a leave of absence.
a.A pilot on leave of absence in excess of a full bid period shall contact the pilot’s Fleet Captain to notify the Fleet Captain of the return date to active service; and the pilot’s Fleet Captain shall aid the pilot in coordinating such return.
i.The contact shall occur at least 30 days prior to the anticipated end of the pilot’s leave of absence. The Fleet Captain shall confirm, in writing if requested, the return date and resumption to active pay status, as provided in Section 13.A.6.a.ii.
ii.p.222 Provided that a pilot has complied with Section 13.A.6.a.i., the pilot shall be returned to active pay status upon the pilot’s return. Failure to comply with Section 13.A.6.a.i. may result in the pilot’s return to active pay status being delayed an amount equal to the notification delay. In no case shall the pilot be returned to active pay status later than 30 days following the pilot’s return date.
b.A pilot’s crew position upon return to duty following a leave of absence shall be determined as follows:
i.If no System Bids closed during the pilot’s absence, the pilot shall return to the crew position that was the pilot’s then currently awarded/assigned crew position immediately prior to the commencement of the leave of absence; or
ii.If any System Bids closed during the pilot’s absence, the pilot shall select from among those crew positions that:
(a)the pilot could have been awarded/assigned, but for the pilot’s absence, on any of the System Bids that closed during the pilot’s absence; and
(b)in which, upon the pilot’s return to active status, the pilot would not be the junior awarded/assigned pilot in that crew position.
c.If upon returning to active status from a leave of absence, the pilot’s current crew position does not differ from the pilot’s currently awarded/assigned crew position, and requalification training is required, requalification training for the pilot’s current crew position shall start within 60 days of the pilot’s return date, if either:
i.No System Bid closed during the pilot’s absence; or
ii.A System Bid closed during the pilot’s absence, but the pilot did not (or could not) select a new crew position (as provided in Section 13.A.6.b.ii.).
d.If upon returning to active status from a leave of absence, the pilot’s current crew position differs from the pilot’s currently awarded/assigned crew position, the pilot’s training shall be handled in the same manner as provided in Section 13.A.6.e.
e.If the pilot selects a new crew position (as provided in Section 13.A.6.b.ii. above), training for that crew position shall be as follows:
i.If the System Bid on which the pilot was awarded/assigned the pilot’s selected crew position has been trained to completion, the pilot shall be assigned to start training within 60 days of the pilot’s return.
ii.p.223 If the System Bid on which the pilot was awarded/assigned the pilot’s selected crew position has not been trained to completion and if the pilot requires full requalification training (i.e., training with a footprint similar to ITU) in the pilot’s current crew position upon the pilot’s return, the pilot shall be assigned to start training for the pilot’s selected crew position within 60 days of the pilot’s return.
iii.If the System Bid on which the pilot was awarded/assigned the pilot’s selected crew position has not been trained to completion and if the pilot requires 24-Requal training in the pilot’s current crew position upon the pilot’s return:
(a)the pilot will be assigned to start training for the pilot’s selected crew position within 60 days of the pilot’s return if a junior pilot in the case of a crew position award (or a senior pilot in the case of a crew position assignment) has been awarded/assigned a training date.
(b)the pilot will be assigned to start 24-Requal training within 60 days of the pilot’s return if a junior pilot in the case of a crew position award (or a senior pilot in the case of a crew position assignment) has not been awarded/assigned a training date. Such pilot shall be eligible to bid for and/or be assigned to training dates (for the pilot’s awarded/assigned crew position) following completion of the pilot’s 24-Requal training.
iv.If the pilot’s selected crew position requires a BTA but the pilot requires requalification training in the pilot’s current crew position, the pilot will be assigned to start requalification training within 60 days of the pilot’s return. The pilot’s BTA shall be effective on the first day of the first full bid period following the completion of requalification training.
If the pilot’s selected crew position requires a BTA but the pilot does not require requalification training in the pilot’s current crew position, the pilot’s BTA shall be effective on the first day of the first full bid period following the pilot’s return.
f.A pilot returning from a leave of absence who requires training prior to returning to line flying shall be compensated as provided in Section 4.I.6.
g.A pilot returning from a leave of absence who is able to return to line flying without training shall be scheduled as follows:
i.A pilot whose return coincides with the beginning of a bid period shall be afforded the opportunity to bid for that bid period in the normal bid process prior to the pilot’s return, in accordance with Section 25.C.6.
ii.p.224 A pilot who returns for a portion of a bid period shall be assigned a custom line (Section 25.I.) for the bid period in which the pilot returns.
7.A pilot on a leave of absence shall continue to accrue seniority and longevity for the duration of the leave of absence, except longevity accrual for a pilot on a Personal Leave of Absence shall be limited to 60 days. Adjustments to longevity, if any, shall be made upon a pilot’s return from a leave of absence.
8.A pilot on a leave of absence may be converted to furlough status in accordance with Section 23. If the pilot is recalled from furlough prior to the date on which the pilot was scheduled to return from a leave of absence, the pilot shall have the option of returning to a leave of absence status following the pilot’s recall from furlough.
9.With the coordination of the System Chief Pilot, or designee, a pilot on a leave of absence shall be permitted to convert the current leave of absence to another type if the pilot otherwise qualifies for the leave. Nothing in this paragraph shall require the Company to convert a pilot to a leave of absence that the Company is not otherwise required to permit.
10.Failure to return to work at the expiration of a leave of absence shall cause a forfeiture of a pilot’s seniority and employment rights.
11.Pilots needing more information regarding possible benefit continuation during or after a leave of absence should consult an Association official, benefits specialist, personnel representative, legal representative and/or refer to the current Pilot Benefit Book (PBB).
12.A pilot on a leave of absence shall be granted access to VIPS as if the pilot were an active pilot, except for interactive functions relevant only to pilots in active status.
13.Vacation period allocation following a pilot’s return to active pay status from a leave of absence shall be treated as follows:
a.A pilot shall retain the previously awarded or assigned vacation period(s).
b.If a pilot is unable to take the scheduled vacation or bid for vacation due to a leave of absence, then within 30 days following the pilot’s return to active pay status, the pilot shall select a different or new vacation period(s). The selection shall be made from among the following slots in the current year:
i.open slots; or
ii.slots currently held by any junior pilot in the crew position.
c.If a pilot fails to make a selection as described above, the Company may assign the pilot a vacation slot in accordance with Section 13.A.13.a.,b., and d.
d.p.225 If a pilot’s vacation is unable to be rescheduled/assigned as provided above, the vacation bank shall be bought back, subject to the provisions of Section 7.G.6., or as an exception to the 40% buy back, the pilot may request to have the CH of vacation paid. Any vacation not bought back shall be a positive adjustment to the pilot’s vacation bank for the following year.
e.Selection of a junior pilot’s vacation slot shall not impact any junior pilot’s vacation award.
14.Any medical information received by the Company’s aeromedical advisor under this Section shall be treated on the same basis as medical information in Section 15.H.
B.Personal Leave of Absence
1.A filing for a Personal Leave of Absence shall be submitted as far in advance as practicable. In emergency circumstances, a Personal Leave of Absence may be granted on short notice for up to 30 days; however, if the pilot seeks additional leave beyond the 30 days, the pilot must provide at least 20 calendar days’ notice prior to the start of the additional leave.
2.At the discretion of the Company, a pilot may be granted a Personal Leave of Absence without pay for a period not to exceed 90 days. The System Chief Pilot, or designee, may require a pilot to exhaust earned and unused vacation prior to granting a Personal Leave of Absence. A Personal Leave of Absence may be extended for additional periods, not to exceed 90 days per extension. No personal leave, including extensions, shall exceed 24 months; provided, however, that in extenuating circumstances and on a case-by-case basis, the Vice President, Flight Operations, or designee, may extend such leave beyond 24 months.
C.Medical Leave of Absence
1.A pilot who files for a Medical Leave of Absence, because the pilot is unable to perform the duties as a pilot due to illness or injury, shall be placed on medical leave of absence without pay, provided the need for such leave is substantiated, if required by the Company, as provided in Section 13.C.2.
2.The Company may require a pilot filing for a Medical Leave of Absence to submit medical documentation substantiating the need for such leave from a physician selected by the pilot. Such medical documentation shall be submitted to the Company’s aeromedical advisor. The Company’s aeromedical advisor shall inform the pilot’s Fleet Captain as to whether the pilot is able to perform the pilot’s duties due to illness or injury, in accordance with Section 15.H. Disputes concerning a pilot’s physical condition shall be resolved as provided in Section 15 (Medical Standards).
3.p.226 A Medical Leave of Absence may not exceed a total continuous period of 7 years.
D.Service in the Uniformed Services (More than 30 days)
1.All leaves of absence and related re-employment rights and benefits concerning service in the uniformed services shall be governed by applicable statutes and regulations.
2.When warranted by operational needs, the Company may request appropriate military or government authorities to defer a pilot’s service. Once notified of a FDA assignment, a pilot shall advise the appropriate military authorities in writing of the pilot’s expected absence from the country.
3.The parties recognize that issues regarding the sharing of pilot resources between the Company and the various branches of the uniformed services are important concerns for both the Company and its pilots with service obligations. The parties pledge their mutual cooperation when dealing with periods of service and re-employment issues as they might affect both the Company and its pilots. The Company and Association’s Military Affairs committee shall endeavor to minimize and resolve issues involving pilots and their service in the uniformed services.
4.The Company shall consult with the Association’s Military Affairs committee prior to publication of Company guidelines concerning long-term periods of service.
5.Contract requirements and guidance pertaining to short-term periods of service (less than 31 days) are found in Section 25.X.
E.[Reserved]
F.Absence During a Maternity Period and Maternity Leave of Absence
1.During a Maternity Period in conjunction with the pilot’s pregnancy/ care for the pilot’s newborn child, a pilot may elect any of the following, either alone, or in sequence:
a.Vacation
A pilot may use available vacation hours in the pilot’s vacation bank during the Maternity Period as follows:
i.The use of available vacation hours must be a part of a single, continuous period of absence within a Maternity Period;
ii.If a pilot elects to use available vacation hours during a Maternity Period, the pilot shall notify the pilot’s Fleet Captain, or designee, of the election. If the need to use vacation was foreseeable, the notification shall occur prior to the opening for bidding of the initial affected bid period. If unforeseeable, the notification shall occur as soon as practicable;
iii.p.227 The pilot shall provide the pilot’s Fleet Captain, or designee, or at the pilot’s election the Company’s aeromedical advisor, with a medical certification of pregnancy or childbirth, as applicable; and
iv.A pilot who is not expected to be in a flying status at the beginning of a bid period due to the pilot’s use of vacation hours during a Maternity Period shall bid in a pay only status. A pilot using vacation for an entire bid period may elect to take vacation in whole hour increments from 36 CH up to and including the pilot’s BLG/RLG. That election may be changed from bid period to bid period and must be submitted in writing (email is acceptable) to the pilot’s Fleet Captain, or the pilot’s designee, within 48 hours following the close of bidding for the bid period to which the election pertains. In the absence of an election, the pilot shall be compensated at the BLG/RLG of the pilot’s awarded line (if supported by the pilot’s vacation bank).
b.Sick Leave
A pilot shall be deemed automatically eligible to use sick leave within the Maternity Period from the beginning of the 21st week of pregnancy through 30 days from the end of the pregnancy, provided that the pilot provides the pilot’s Fleet Captain, or designee, or at the pilot’s election the Company’s aeromedical advisor, with a medical certification of pregnancy and of the beginning of the 21st week of pregnancy or a medical certification of childbirth, as applicable.
c.Disability
A pilot’s eligibility for LTD benefits shall be as provided in Section 27.
d.Unpaid Maternity Leave of Absence
i.The use of an unpaid Maternity Leave of Absence must be a part of a single, continuous period of absence within a Maternity Period.
ii.If a pilot elects to be placed on an unpaid Maternity Leave of Absence during a Maternity Period, the pilot shall notify the pilot’s Fleet Captain, or designee, of the election, if foreseeable, prior to the opening for bidding of the initial affected bid period, or as soon as practicable if unforeseeable.
iii.The pilot shall provide the pilot’s Fleet Captain, or designee, or at the pilot’s election the Company’s aeromedical advisor, with a medical certification of pregnancy or childbirth, as applicable.
2.p.228 A Maternity Leave of Absence shall run concurrently with FMLA leave when permitted by law.
3.Other uses of sick leave or vacation before, during, or after a Maternity Period are as provided by Sections 7 and 14, and other applicable Sections.
G.Association Leave
Upon filing, a pilot elected to function as a national officer of the Association or IFALPA, or appointed to national Association or IFALPA offices shall be placed on an unpaid Association Leave of Absence for the duration of such position or office. An Association Leave of Absence shall begin and end concurrent with a bid period. A pilot may not simultaneously be removed from flying under the applicable provisions in Section 18 and also be on Association Leave of Absence.
H.United States Government Executive/Legislative Leave
Upon filing, a pilot who is elected to the United States Congress, or who is serving at the appointment of the President of the United States, shall be granted an unpaid United States Government Executive/Legislative Leave of Absence for the earlier of either the duration of such office or appointment, or 6 years. The Company shall not be obligated to place such a pilot on more than two such leaves consecutively.
I.Statutorily Imposed Leaves of Absence
1.All statutorily imposed leave rights and benefits (federal or state) shall be governed by applicable statutes and regulations. This Agreement guarantees a minimum benefit level for FedEx pilots. If required by applicable state or federal laws, the Company will provide a pilot with more generous leave benefits.
2.Pilots needing more information regarding possible benefit continuation for statutorily imposed leaves should consult with an Association, state, or Federal official, benefits specialist, personnel representative, a legal representative and/or refer to the current PBB for more information about particular rights/responsibilities for statutory leaves.
Section 14: Sick Leave
A.p.229 General
1.The purpose of sick leave is to protect a pilot from loss of pay, to the extent of the pilot’s sick leave accrual, when the pilot is unable to perform the pilot’s assigned duties because of injury, physical or mental illness, or trip fatigue as provided in Section 12.A.9., Section 12.C.5. b.ii., and Section 12.D.6.c.
2.A pilot may review the pilot’s regular and disability sick account balances in VIPS or other Company computer systems. A pilot shall continue to accrue seniority and longevity while on sick leave.
3.A furloughed pilot shall retain the pilot’s regular and disability sick accounts as follows:
a.If a pilot is on furlough on the last day of the calendar year, the balance of the pilot’s regular sick account, if any, shall be transferred to the pilot’s disability sick account or to the surplus program, as applicable in accordance with Section 14.D. and 14.E.
b.If a pilot recalled from furlough was not in an active pay status on the first day of the calendar year, the pilot shall be credited with a pro rata portion of the pilot’s annual sick leave accrual.
4.If, having exhausted the pilot’s occupational injury/illness leave, a pilot receives workers’ compensation payments and sick leave pay at the same time, the pilot may use only enough sick leave so that the workers’ compensation payments plus the sick leave pay equals 100 percent of the pilot’s BLG/RLG.
5.A pilot who has been removed from a scheduled event and placed on sick leave shall not perform any flight duty during the time that the original event was scheduled to take place, except as follows:
a.by calling CRS directly, the pilot may elect to be placed back on the pilot’s original event if it has not been reassigned at the time of the pilot’s “well call”; or
b.after calling in “well,” in VIPS, the pilot may elect to submit for a different event as MUS, if that event has a showtime:
i.outside the footprint of the original event, or
ii.at least 48 hours after the showtime of the original event.
6.The Company may require a pilot to provide the System Chief Pilot’s designee with a written statement from the pilot’s physician explaining the pilot’s inability to perform the pilot’s assigned duties because of illness or injury if:
a.p.230 The Company has a good faith, and objective reason to question a pilot’s use or attempted use of sick leave; or
b.The pilot’s absence from duty occurred within 24 hours of the beginning or end of the pilot’s vacation period or a “holiday.” As used herein, “holiday” means Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve, Christmas, New Year’s Eve or New Year’s Day. For purposes of this provision, the “vacation period” is the period originally awarded, unless the period is slid and/or extended, in which case the slid and/or extended dates become the “vacation period.”
c.The pilot has requested to utilize the pilot’s disability sick account in accordance with Section 14.D.2.a.
7.A pilot may elect to use vacation CH to delay or avoid going on disability. Failure to exercise this election is a factor that may result in forfeiture of CH from the pilot’s vacation bank pursuant to Section 7.G.6. (40% limitation on vacation buy back).
B.Use of Sick Leave
1.If a pilot has no credit in the pilot’s regular or disability sick accounts, and would otherwise be in sick leave status, the pilot shall be removed from the pilot’s trips while the pilot is sick and placed on medical leave of absence (without pay). If a pilot has an injury/illness that qualifies for LTD, the pilot will receive disability benefits in accordance with Section 27.
2.Illness or Injury Notification Requirements
A pilot who becomes ill or injured shall promptly notify the Company via VIPS of the pilot’s unavailability for assigned duties.
a.After notification of the pilot’s illness or injury a pilot shall be placed on sick leave.
b.Pilots Not on Reserve
i.At 0700 LBT each day, any trip with 120 hours TAFB or more, with a showtime during the next two local base days that is assigned to a pilot who is on sick leave shall be available in open time for Bid Line Adjustments as provided in Section 25.L. At 1000 LBT, such trips shall become available for assignment by CRS.
ii.At 0700 LBT each day, any trip with less than 120 hours TAFB, with a showtime during the next local base day that is assigned to a pilot who is on sick leave shall be available in open time for Bid Line Adjustments as provided in Section 25.L. At 1000 LBT, such trips shall become available for assignment by CRS, with the exception of trips with a showtime p.231 prior to 1800 LBT that same day, which shall become available for assignment by CRS at 0900 LBT.
c.Reserve Pilots
The following shall apply to a reserve pilot who calls in sick for an R-day(s) or a reserve assignment:
i.A pilot holding a line comprised entirely of R-days or holding a mini-RLG consisting of a block(s) of R-days and who is sick for all such R-days shall be compensated the pilot’s RLG/mini-RLG and shall have the pilot’s sick leave reduced by such RLG/mini-RLG.
ii.A reserve pilot who has been given a reserve assignment(s) prior to calling in sick shall be removed from that assignment(s) commencing at 0900 LBT on the day prior to showtime for that assignment(s) or at the time of the sick call, whichever is later.
iii.A reserve pilot on sick leave shall be assigned open time as if the pilot were not on sick leave (Section 25.G.3. Open Time Assignment and Section 25.M.6. Reserve Assignment Options). A reserve pilot will maintain the pilot’s leveling position on the reserve list, and the scheduled credit hours for any trips the pilot is assigned and removed as sick will be credited toward the pilot’s RLG/mini-RLG and deducted from the pilot’s sick bank. Commencing at 0900 LBT each day, a reserve pilot with an assignment(s) having a showtime during the next day shall be removed for sick leave and such assignment shall be available for open time assignment by CRS.
3.Well Call
A pilot who is no longer ill or injured shall promptly notify the Company via VIPS, consistent with other provisions of this Agreement (e.g., medical clearance if required, Section 15 process if applicable). Except as provided by Section 12.A.9., Section 12.C.5.b.ii., and Section 12.D.6.c., a pilot shall remain in sick leave status until the pilot notifies the Company via VIPS of the pilot’s ability to return to flight status and, if applicable, is released by the Company aeromedical advisor to return to duty. If the pilot so elects, in accordance with Section 14.A.5.a., then the pilot shall be given the pilot’s original assignment(s) if it has not been reassigned to another pilot.
4.Ill or Injured During a Trip
A pilot who becomes ill or injured away from base during a trip shall earn trip guarantee for the entire trip plus actual accumulated overage, if any. The pilot shall be charged sick leave, commencing with the next showtime following the pilot’s sick call and ending at the showtime for the next duty period the pilot operates during that trip, if any, for the remaining p.232 value of the pilot’s trip. A pilot who becomes ill or injured while away from the pilot’s base on Company duty shall be provided with proper medical attention, including hospitalization, when required. The Company shall provide transportation, when the pilot is able to travel, back to the pilot’s base, or at the pilot’s option, to the pilot’s residence provided that the travel cost is limited to the travel cost of returning to base. A pilot whose placement on sick leave causes the pilot to return to base later than scheduled shall not accrue additional CH for that late return.
5.Sick Leave Pay and Account Deductions
If a pilot is removed from an assigned activity due to sick leave, the following shall apply:
a.Pilots Not On Reserve (who hold trip guarantee)
If a pilot is removed from a trip, or portion thereof, for which the pilot holds trip guarantee, the pilot shall be compensated, and the pilot’s sick leave account(s) shall be reduced by the scheduled credit hours for that trip.
b.Pilots On Reserve
i.If a pilot is removed from a reserve assignment due to sick leave, the scheduled CH for the assignment shall be credited toward RLG and leveling and shall be charged to the pilot’s sick leave account.
ii.The CH value of an assignment (or portion thereof) shall not be charged to sick leave if it would cause the pilot to exceed RLG.
iii.Upon the pilot’s return to flight status, a reserve pilot may be given an assignment(s) for which the pilot is eligible provided that assignment does not begin prior to the scheduled termination of the last activity charged to sick leave. No legality conflict shall be considered to take place between the last reserve trip charged to sick leave and a subsequent assignment.
c.If a pilot assigned as MUS, MUV, CMU, VLT or DRF is removed from a trip prior to block-out due to sick leave, the pilot shall not earn any credit hours for that trip and no deduction shall be made from the pilot’s sick leave account.
d.If a pilot assigned a reassignment trip (RAT) is removed from a trip prior to block-out due to sick leave, the pilot shall be compensated the trip guarantee of the reassignment trip at 100% of the pilot’s normal pay rate and the pilot’s sick leave bank shall be charged accordingly.
e.p.233 If a pilot assigned a PDO trip is unable to operate that trip due to illness or injury, the scheduled trip guarantee shall be deducted from the pilot’s sick leave account.
f.The sick leave account of a pilot scheduled for recurrent training shall be charged for all hours of pay received (as applicable in Section 4.I.4., Recurrent Training Pay), but not worked as a result of sick leave.
g.If a pilot, having commenced initial, transition or upgrade training, is unable to attend that training due to sick leave, the pilot shall be compensated as provided in Section 4.I.5., and the pilot’s sick leave account(s) shall be reduced by 3 CH for each day sick on a scheduled event, not to exceed the pilot’s BLG/RLG.
h.If a pilot shows for a base standby assignment, but is unable to complete that assignment due to sick leave, the pilot shall be compensated the CH the pilot would have earned had the pilot completed that standby and the pilot’s sick leave account shall be reduced by the same amount.
i.If a pilot eligible for substitution is placed on sick leave, the following shall apply:
i.If the pilot is removed from a substitution trip(s), the SCH for that trip shall be credited toward the pilot’s original trip guarantee and deducted from the pilot’s sick leave account.
ii.If the pilot is removed from a base standby assignment, 6 CH shall be credited toward the pilot’s original trip guarantee and deducted from the pilot’s sick leave account(s).
iii.If the pilot is unavailable for a day(s) of substitution eligibility, and a deduction was not made as provided in Section 14.B.5.i.i. for that day, trip rig shall be calculated for the period the pilot is unavailable due to sick leave, and shall be credited toward the pilot’s substitution guarantee and deducted from the pilot’s sick leave account.
iv.The total CH deducted from the pilot’s sick leave account shall not exceed trip guarantee for the pilot’s original or substitution trip(s), whichever is greater.
6.Illness or Injury for Entire Bid Period
A pilot who has been on sick leave for at least 30 days prior to the monthly bid closing and/or is expected to be on sick leave for the entire bid period shall bid pay only unless the pilot’s Fleet Captain authorizes the pilot to bid a line for flying purposes. However, a pilot who, at the time of bid closing, is activated but is not qualified in the pilot’s assigned crew position shall be handled in accordance with Section 25.C.6. Unless such pilot is assigned a custom line as provided in Section p.234 25.I., the pilot shall be compensated the BLG or RLG of the pilot’s pay only line and the pilot’s sick leave account(s) shall be reduced by the same amount. If assigned a Custom Line, any credit hours earned as a result shall be credited to the applicable sick leave account(s).
7.Lapse of Currency
A pilot on sick leave whose currency is expected to lapse shall be notified by the Company of the pilot’s expected non-currency. The pilot shall notify the pilot’s flight manager of the pilot’s anticipated date of return as soon as the pilot is aware of that date. If the pilot fails to notify the pilot’s flight manager of the pilot’s anticipated date of return and, as a result, the pilot cannot be scheduled for required training within 14 days following the pilot’s return to flight status, the pilot shall be placed in an unpaid status commencing on the date the pilot’s currency lapses following the pilot’s date of return and ending at the time the pilot’s training actually commences, but no later than 14 days after the pilot’s return.
C.Regular Sick Account
A pilot’s regular sick account shall be credited as follows:
1.A pilot in active pay status on the first day of the first bid period of each calendar year shall be credited with 72 CH on that day.
2.A pilot not in active pay status on the first day of the first bid period of a calendar year shall be credited with 6 CH for each bid period remaining in the calendar year beginning with the bid period in which the pilot returns to paid status, subject to Section 14.C.5.
3.During the calendar year in which a pilot is hired, the pilot shall be credited with 6 CH for each bid period remaining in such calendar year, subject to Section 14.C.5.
4.If a pilot is placed in an inactive pay status following the first day of the first bid period of a calendar year, the pilot’s regular sick account shall be reduced by 6 CH for each bid period during which the pilot is in an unpaid status during the remainder of the calendar year. If the balance in the pilot’s regular sick account is insufficient to make the adjustment, then the adjustment shall be made from the pilot’s disability sick account. This adjustment shall occur before the pilot’s regular sick account balance is converted and credited to the pilot’s disability sick account or surplus program, as applicable.
5.If a pilot is in an active pay status for less than one half of a bid period, that bid period shall not count for purposes of sick leave accrual.
6.Administration
a.A pilot removed from an activity due to sick leave shall have the credit for that activity(ies) charged against the pilot’s regular sick account. However, a pilot may elect to have that sick leave charged p.235 to the pilot’s disability sick account provided the pilot complies with the requirements of Section 14.D.2.
b.At the end of the last bid period of each calendar year, any hours remaining in a pilot’s regular sick account shall be transferred to the pilot’s disability sick account, subject to the disability sick account ceiling (as described in Section 14.D.1.). Any sick leave credits in excess of the disability sick account ceiling shall be transferred to the surplus program provided in Section 14.E.
7.Make-Up Sick (MUS)
A pilot is eligible to make up CH drawn from the pilot’s regular sick account. No more than 72 CH per calendar year may be earned in MUS status to replace hours drawn from the pilot’s regular sick account.
D.Disability Sick Account
1.The disability sick account ceiling shall be 686 CH.
2.Administration
a.A pilot who wishes to utilize the pilot’s disability sick account shall notify the pilot’s Fleet Captain of the nature of the pilot’s illness or injury and, if requested, provide medical documentation. A pilot may utilize the pilot’s disability sick account under any of the following conditions:
i.The pilot’s application for a medical certificate has been denied or the pilot has been advised by an aviation medical examiner or the Company’s Aeromedical advisor that the pilot is or may not be entitled to exercise the privileges of the pilot’s medical certificate; or
ii.The pilot has sustained an illness or injury that is anticipated to result in the pilot’s missing more than 36 CH; or
iii.The pilot has exhausted the pilot’s regular sick account.
b.A pilot on sick leave for a full bid period or longer may elect to receive sick leave in whole hour increments from 36 CH up to and including the pilot’s BLG/RLG. That election may be changed from bid period to bid period and must be submitted in writing (email is acceptable) to the System Chief Pilot’s designee within 48 hours following the close of bidding for the bid period to which the election pertains. In the absence of an election, the pilot shall be compensated the BLG/RLG of the pilot’s awarded line.
3.Make-Up Sick—Disability
A pilot is eligible to make up CH drawn from the pilot’s disability sick account as described in Section 14.D.2.a.
E.p.236 Surplus Program
As provided in Section 14.C.6.b., the number of hours remaining in each pilot’s regular sick account shall be added to the existing balance in that pilot’s disability sick account subject to the account ceiling. If the addition of these hours would cause the balance of the pilot’s disability sick account to exceed the disability sick account ceiling, the value of the excess hours shall be deposited into the pilot’s Pilots’ Retirement Savings Plan (PRSP). The amount of the deposit shall be determined by multiplying the excess CH by the pilot’s pay rate at the end of the calendar year, or if the pilot is no longer in active employment, by the pilot’s last pay rate. The deposit shall be made during the first bid period of the following calendar year as provided in Section 28. Pilots who would otherwise have been eligible for a contribution into the pilot’s PRSP but for the termination of the pilot’s employment, including retirement, death or resignation, prior to the close of the calendar year shall have the value of any surplus contributed to the pilot’s Employer Contribution Unused Sick Leave Account.
F.Occupational Injury/Illness
1.A pilot who sustains a workers’ compensable injury or illness covered by Section 16 shall be eligible for up to 168 CH of occupational injury/ illness leave for each occupational injury or illness. Occupational injury/illness leave may be used for a recurrence of an occupational injury or illness up to the balance of the 168 CH not used for the original occurrence of the injury or illness. Occupational injury/illness leave is a non-accruable benefit. Sick leave shall not be used for occupational injuries or illnesses until occupational injury/illness is exhausted.
2.A pilot shall notify the pilot’s Fleet Captain as soon as practical of any occupational injury or illness covered by this paragraph.
3.If a pilot exhausts the pilot’s occupational injury/illness leave and remains unable to return to the pilot’s scheduled duty, the pilot may utilize the pilot’s accrued sick leave as provided in this Section.
4.A pilot shall provide the Company and appropriate State authorities with medical documentation verifying an occupational injury/illness and the pilot’s fitness to return to duty following the injury or illness.
5.Workers’ compensation received by the pilot for a period of absence during which the pilot also received occupational injury/illness leave shall be reimbursed to the Company. In no case shall additional compensation received from workers’ compensation enable a pilot to receive total compensation greater than 100% of the pilot’s awarded BLG/RLG.
Section 15: Medical Standards
A.p.237 General
1.Pilots shall meet the medical standards and possess a valid medical certificate consistent with the FAA standards including its waiver, limitations, restriction, special issuance and related FAA policies for the class of medical certificate required for the pilot’s crew seat.
2.Each pilot shall validate, through VIPS, the issuance of the pilot’s new medical certificate not later than the earlier of the following:
a.48 hours prior to the end of the pilot’s due month; or
b.0900 LBT the day prior to the start of any trip(s) scheduled to terminate either:
i.after the expiration of the pilot’s medical certificate; or
ii.within 48 hours of the expiration.
3.Wh ile a VIPS notification(s) of a pilot’s pending FAA medical certificate expiration is provided to each pilot, it is the pilot’s responsibility to know and meet the medical standards by possessing a valid FAA medical certificate. Failure of a pilot to receive a VIPS notice shall not excuse the pilot’s failure to maintain a valid FAA medical certificate. If a pilot fails to provide the Company with confirmation via VIPS that the pilot has a valid medical certificate as required by this paragraph, before 0900 LBT on the day prior to the showtime of a trip or R-day scheduled to start within the time period as stated in Section 15.A.2., the trip or R-day shall be removed without pay, and the pilot shall not be eligible for make-up. Trip(s) or R-day(s) shall no longer be removed after the pilot provides the Company with the required validation.
B.Company Payment of FAA Medical Exam Expenses
1.The Company shall cover an active pilot’s cost of annual or semiannual FAA medical examinations including the cost of a required EKG, up to an annual maximum of $400. On the first day of the July 2029 bid period, the annual maximum shall increase to $450. The pilot shall use the Company issued travel card if accepted by the provider. If the provider does not accept the Company issued credit card, the pilot must comply with normal non-travel reimbursement procedures that require an itemized list of the services performed by the FAA physician (i.e., FAA physical, EKG if any, physician’s office, date, charge).
2.If an active pilot (or an inactive pilot receiving LTD benefits) incurs medical expenses in order to qualify for an FAA medical certificate, which are not covered by Section 15.B.1., the following shall apply:
a.p.238 If submitted within 90 days after having incurred the expense, the Company shall reimburse such pilot for the non-routine medical expenses if:
i.the expenses were incurred at the direction of either:
(a)the FAA; or
(b)an FAA designated Aviation Medical Examiner (AME) who reasonably concluded that, in light of FAA requirements, it was necessary to perform a non-routine medical procedure in order for the pilot to obtain or maintain a FAA medical certificate; or
ii.the expenses were incurred in order to obtain or maintain a special issuance FAA medical certificate, as required by the FAA.
b.[Reserved]
C.Alcohol and Drug Testing
The Company may test pilots for drugs and alcohol only in accordance with the following:
1.The Company shall maintain the drug and alcohol testing programs that are in use on the effective date of this Agreement, as long as such testing is mandated by law or regulation. The term “programs” includes the type of specimen collected, substances for which a pilot is tested, the methods of testing and the thresholds at which testing is conducted.
a.If any change in a testing program is mandated by law or regulation and the law or regulation does not afford multiple options of compliance, the Company shall give the Association notice and shall consult with the Association at a mutually agreeable time and location concerning such change.
b.If a law or regulation mandates that a testing program be changed, but affords multiple options by which compliance can be achieved, then the Company and the Association shall meet to discuss the available alternatives. The initial meeting shall commence no later than 60 days following the date the final rule regarding the alternative methods is published in the Federal Register. Should the parties be unable to mutually agree on an alternative testing method within 60 days, then each side may elect to advocate an alternative before a mutually selected arbitrator from the non-disciplinary panel. The parties’ presentations shall be in writing unless either party elects an in-person hearing. The arbitrator shall select the method of testing from the two alternatives presented. If the Company is required to implement a change prior to the conclusion of p.239 the process described in this paragraph, nothing in this paragraph shall prevent it from doing so (subject to change depending on the outcome of the Section 15.C.1.b. process).
c.The Company may implement a non-mandatory change in a testing program only with the written consent of the Association.
2.The Company shall maintain the FedEx Drug and Alcohol Rehabilitation and Recertification Plan for Flight Crewmembers (HIMS program) that complies with FAA directives regarding pilots who require an Authorization for Special Issuance of a Medical Certificate. Such Plan shall continue to contain full Company participation (including monitoring) in rehabilitating, and returning to work, those pilots who need professional treatment, along with insurance coverage for medical and associated bills in accordance with the terms of those plans as provided in Section 27. Such Plan shall continue to contain payment by the Company of the initial evaluation and the associated psychiatric/ psychological evaluation required in conjunction with the petition for a Special Issuance Medical Certificate as provided in Appendix H of the FOM.
3.If the Company has a reasonable basis to believe that a pilot’s ability to perform the pilot’s duties is impaired for reasons relating to substances not covered by the legally mandated drug testing programs referred to above, the pilot’s case shall be handled as provided in Section 15.D.
D.Company Mandated Medical Examinations
1.The VP of Flight Operations, the System Chief Pilot, the Assistant System Chief Pilot, or a Fleet Captain may direct a pilot to contact or see the Company’s aeromedical advisor if the Company has a reasonable basis to question whether a pilot has developed or recovered from an impairment to the pilot’s ability to perform the pilot’s duties as a pilot.
2.A pilot in an active pay status who is directed to contact or see the Company’s aeromedical advisor, shall be removed from any conflicting scheduled activities with pay until the aeromedical advisor determines whether the pilot is fit for flight duty.
3.After the Company’s aeromedical advisor consults and/or meets with the pilot, by written notice, the pilot may require the pilot to undergo a test(s), medical examination(s), and/or an evaluation(s) by the advisor or a physician designated by the aeromedical advisor. Upon the pilot’s request, the aeromedical advisor shall consult with the pilot to review and discuss the aeromedical advisor’s rationale for the pilot’s concerns and the necessity of the prescribed examinations/evaluations.
4.The Company shall pay for all examinations, tests or evaluations performed or directed by its aeromedical advisor. If the pilot needs to travel from the pilot’s permanent, primary address in connection with a Company directed examination(s), test(s) and/or evaluation(s) pursuant p.240 to this paragraph, the Company shall provide and arrange transportation, lodging and per diem as provided in Section 5.
5.Following the Company’s aeromedical advisor’s review of the results of the examination(s), test(s) and/or evaluation(s), a determination and written notice of same shall be sent to the pilot. The notice shall state the specific grounds for the determination. The determination shall be made in accordance with the following:
a.If the Company’s aeromedical advisor finds the pilot fit for duty, and the pilot agrees, the pilot shall remain on or return to active flight status without loss of pay.
b.If the Company’s aeromedical advisor finds the pilot not fit for duty, and the pilot agrees, the pilot shall be placed on sick leave, disability or medical leave of absence, as applicable.
c.If the Company’s aeromedical advisor finds the pilot fit for duty, and the pilot disagrees, then:
i.if the pilot supplies the Company’s aeromedical advisor with medical documentation substantiating the pilot’s disagreement, the pilot shall be placed or remain on sick leave, disability or medical leave of absence, as applicable. The pilot shall remain in that status until the pilot’s case is resolved as provided in Section 15.D.7.
ii.if the pilot does not supply medical documentation supporting the pilot’s disagreement within 30 days from receipt of the Company’s aeromedical advisor’s determination, the pilot shall be placed on personal leave of absence. If warranted by extenuating circumstances, the System Chief Pilot shall extend the 30 day period. If the pilot subsequently supplies the required documentation, the pilot’s status shall be determined pursuant to Section 15.D.5.c.i.
d.If the Company’s aeromedical advisor finds the pilot not fit for duty and the pilot disagrees, the pilot shall be placed or remain on sick leave, disability or medical leave of absence, as applicable, until the Company’s aeromedical advisor determines the pilot to be fit for duty, or the pilot’s case is resolved as provided in Section 15.D.7.
6.The Company shall give written notice to ALPA that the Company’s aeromedical advisor has issued a direction to a pilot under Section 15.D.3 or that the Company’s aeromedical advisor has issued a determination to a pilot under Section 15.D.5. Such notice shall occur as close in time to the Company’s aeromedical advisor’s notice to the pilot as is reasonably practical under the circumstances.
7.p.241 If the pilot disagrees with the Company’s aeromedical advisor, the pilot shall engage, at the pilot’s expense, a second physician to evaluate the pilot’s medical condition. Unless otherwise agreed to on a caseby-case basis, the second physician shall be a physician designated as the Association’s Aeromedical Advisor or a physician qualified to diagnose and treat the pilot’s underlying medical condition. If the pilot fails to provide the second physician’s evaluation within 30 days following the Company’s aeromedical advisor’s determination, the pilot may remain on sick, disability or medical leave or be placed on personal leave of absence, as applicable, until the pilot provides the second physician’s evaluation to the Company’s aeromedical advisor. If warranted by extenuating circumstances, the System Chief Pilot shall extend the 30 day period.
a.If the second physician agrees with the opinion of the Company’s aeromedical advisor, the pilot shall return to active flying status or remain or be placed on sick leave, disability or medical leave of absence consistent with the Company’s aeromedical advisor’s findings.
b.If the second physician disagrees with the opinion of the Company’s aeromedical advisor, a Medical Review Panel (hereinafter MRP) shall be convened to decide whether the pilot, in their opinion, meets the standards for holding and exercising the privileges of the pilot’s medical certificate. Pending the MRP’s determination, the pilot shall be placed or remain on sick leave, disability or medical leave of absence, as applicable.
i.An MRP shall be composed of the Company’s aeromedical advisor, the physician engaged by the pilot as provided in this paragraph, and a third physician qualified to determine the medical issue in question. The third physician shall be selected by agreement between the Company’s aeromedical advisor and the pilot’s physician.
ii.As soon as practicable, the MRP shall consult and determine whether the pilot, in their opinion, meets the standards for holding or exercising the privileges of the pilot’s medical certificate.
(a)Questions regarding the pilot’s medical condition shall be resolved based on the MRP’s determination. The pilot shall remain on or return to active flight status, sick leave, disability or medical leave of absence consistent with the MRP’s determination as applicable.
(b)If the MRP rules that a pilot is fit for duty and the pilot still disagrees, the pilot shall be placed on personal leave of absence.
(c)p.242 If the MRP’s determination disagrees with the opinion of the Company’s aeromedical advisor, then:
(1)the Company shall make adjustments, including retroactive adjustments (e.g., back pay or restoration of sick leave), if applicable, that are necessary to make the pilot whole consistent with the MRP’s determination; and
(2)the Company shall reimburse the pilot for all reasonable costs and expenses the pilot incurred in connection with the determination of the pilot’s medical condition pursuant to Section 15.D.7. (this paragraph).
8.Questions regarding the medical condition of a pilot who has applied for or is receiving a benefit(s) pursuant to Section 27 or 28 shall be resolved in accordance with the provisions of the applicable benefit plan(s).
E.Medical Examination Documentation
Upon request, the Company’s aeromedical advisor, the pilot and the pilot’s physician or a physician associated with the Association’s aeromedical office, as applicable, shall be provided a copy of any report or medical record relating to any medical examination, test or evaluation of that pilot conducted pursuant to this Section. However, in cases where the Company’s aeromedical advisor believes that direct pilot access to information contained in the medical records regarding a specific diagnosis of a terminal illness or a psychiatric condition could be detrimental to the pilot or the pilot’s health, the aeromedical advisor may inform the pilot that access will only be provided to a designated representative of the pilot having specific written consent.
F.Effect on Certain Legal Rights
Nothing in this Section shall be construed to guarantee, deny or limit a pilot’s right to FAA, NTSB or judicial appeal procedures, nor shall it preclude the Company from assisting a pilot with medical problems to regain the pilot’s medical certificate and return to flight status. This assistance may also include directing the pilot to challenge or appeal the results of adverse findings to the Federal Air Surgeon. All costs of any Company directed challenge/appeal shall be paid by the Company.
G.Limitation of Medical Procedures
1.Flight Management shall not require a pilot to submit to a psychological or psychiatric examination. However, flight management may refer a pilot to the Company’s aeromedical advisor in accordance with Section 15.D.1. (reasonable basis to question fitness). A pilot may be required to undergo a psychological/psychiatric examination if directed by the Company’s aeromedical advisors based on their independent evaluation, in accordance with Section 15. The evaluation conducted by the Company’s aeromedical advisors is expected to include contact with p.243 the pilot and any other preliminary evaluation that is necessary in order to reach an independent, informed decision as to the need for further testing.
2.Nothing contained in this Section shall be construed to permit the Company to require a pilot to submit to any medical treatment or invasive procedure which is not consistent with reasonable and current medical practice or which poses an unreasonable threat to the pilot’s health. This paragraph shall not be construed to prohibit testing for drugs, alcohol and, if applicable, other substances pursuant to the provisions of Section 15.C.
a.If the Company’s aeromedical advisor determines that a treatment, procedure or evaluation is appropriate in the circumstances of a case, the pilot shall consult with the pilot’s physician or a physician associated with the Association’s aeromedical office, as applicable, for the purpose of determining the permissibility of that treatment, procedure or evaluation under the provisions of Section 15.G. (this paragraph). The issue shall be resolved by mutual agreement of those 2 physicians.
b.If the 2 physicians cannot agree, the matter shall be submitted immediately to a third physician selected by the Company and the Association. The Company, the Association and the pilot shall be bound by the findings of the third physician. The fees and expenses of the third physician shall be shared equally by the Company and the Association or the pilot; provided, however, that if the third physician agrees with the pilot, the Company shall reimburse the pilot for all reasonable costs incurred in connection with this paragraph.
H.Confidentiality of Medical Information
All reports and records of any medical examination, test or evaluation of a pilot pursuant to this Section shall be strictly confidential between the Company’s aeromedical advisor and the pilot. Those reports and records shall not be divulged, except in the administration of this Agreement on a “need to know basis” or as required by law, to any other person or entity without the written permission of the pilot. If required by law to divulge, the Company shall provide the pilot notice of such, and upon the request of the pilot, provide the pilot with a copy of such records and reports, unless prohibited by law from doing so. If the final determination of a pilot’s medical condition pursuant to this Section is that the pilot is not medically fit for duty, the Company’s aeromedical advisor may provide a report regarding the pilot’s medical condition to officials in the Benefits Department on a “need to know” basis. Those officials shall receive only as much information as is necessary for them to perform their job functions.
I.p.244 General
Nothing in Section 15 shall be construed to limit the Company’s authority to act in accordance with Section 19. Disciplinary issues arising out of the application of Section 15 shall be handled in accordance with Sections 19 and 21.
Section 16: Workers’ Compensation Benefits
A.p.245 Nothing in this Section shall be construed to alter the limits of coverage, or the basis of liability, provided under the workers’ compensation law of any state.
B.Notwithstanding the provisions of Section 16.A., if a pilot suffers an otherwise compensable injury and is ineligible for workers’ compensation benefits due solely to the geographic location at which the injury occurred, the Company shall provide the pilot with benefits no less favorable than the benefits for which the pilot would have been eligible in the state in which the pilot is domiciled.
C.A pilot who is injured while on a trip or other Company business shall notify the pilot’s Fleet Captain of such injury as soon as practicable. A workers’ compensation claim shall be processed expeditiously.
D.The Company shall reimburse a pilot for all out-of-pocket medical expenses incurred in connection with a workers compensable injury.
E.If a pilot has sustained a workers’ compensable injury or illness covered by this Section, the pilot’s occupational illness/injury payments shall be an offset against the pilot’s workers’ compensation benefits. If, having exhausted the pilot’s occupational injury/illness leave, as provided in Section 14.F., a pilot receives workers’ compensation payments and sick leave pay at the same time, the pilot may use only enough sick leave so that the workers’ compensation payments plus the sick leave pay equals 100 percent of the pilot’s BLG/RLG.
1.In order to best ensure that medical expenses are covered by workers’ compensation as quickly as possible, an injured pilot should first attempt to contact the pilot’s Fleet Captain.
2.If the pilot cannot contact the pilot’s Fleet Captain immediately and needs treatment, the pilot may request the treating facility to call FedEx Risk Management in the pilot’s domicile in order to get the initial treatment expenses billed to Risk Management. If such does not occur, the pilot may always use personal health insurance or pay cash, in order to get required treatment, and the Company shall reimburse all charges (including deductibles and co-payments) for medical treatment through workers’ compensation.
3.The pilot may contact the pilot’s Fleet Captain to ensure expeditious reimbursement by workers’ compensation.
Section 17: Prisoner of War or Hostage Benefits
A.p.247 A pilot who, while on a trip or on other Company business, and as a result of war, rebellion, insurrection, terrorist act or action of a foreign government, becomes missing or interned, or is hijacked, or taken a prisoner of war by a foreign government, shall continue to accrue seniority and longevity during the period of the pilot’s absence.
B.The Company shall provide such pilot with the following benefits until the date of release, the official date of death or, if the pilot’s whereabouts are unknown, the expiration of 5 years after the pilot’s disappearance or captivity, whichever occurs earliest:
1.Bid period compensation equal to the pilot’s average credit hours per bid period during the last 12 bid periods (including credit hours earned in VLT, DRF, etc.), considering only those bid periods during which the pilot flew, or was compensated as if the pilot had flown, for an entire bid period multiplied by the pay rate in the pilot’s current crew position.
2.Applicable insurance benefits and other benefits attendant to the pilot’s employment status.
3.Accruals and contributions normally made by the pilot and/or the Company.
4.Continuation of insurance benefits for spouse and/or eligible dependents of the pilot.
C.The benefits described in Section 17.A. shall not apply to:
1.Conduct relating to the operation of a Company aircraft that would constitute just cause for termination, if established; or
2.Conduct not relating to operation of Company aircraft that would constitute just cause for termination or which could have led to the pilot’s imprisonment for more than 30 days under Federal law or the laws of the State of Tennessee, if established. The benefits described in Section 17.A., shall not be withheld pursuant to this paragraph until the Company has presented the pilot with notice of its intent to apply this paragraph, and has allowed the pilot to respond.
D.Compensation and other benefits payable under this Section shall be provided to the beneficiaries indicated by the pilot in the pilot’s Beneficiary Designation Form. In the absence of a completed beneficiary designation form, the Company shall deposit all applicable benefits in trust for the pilot until the pilot’s status has been legally determined. The trustee shall invest such funds in accordance with applicable fiduciary responsibilities.
E.Should the pilot’s spouse and/or eligible dependents wish to continue health coverage beyond the end of the appropriate benefit continuation period provided in Section 17.A., they may do so under the provisions p.248 of COBRA. Pilots and their spouses and/or eligible dependents needing more information regarding COBRA (including time limits) should refer to Section 27 of this Agreement.
F.The Company shall provide each pilot with a beneficiary designation form in the manner described below. Each pilot shall submit such designation form to the designated Company official within 30 days of the pilot’s date of hire.
p.249 PRISONER OF WAR OR HOSTAGE BENEFITS BENEFICIARY DESIGNATION
To: Federal Express Corporation
You are hereby directed to pay all monthly compensation allowable to me under Section 17 and any other benefits due under the provisions of this Agreement while missing or resulting from death or any other condition which causes direct payment to be impossible as follows:
_______________% of my monthly pay to
______________________________________________________________ (name)
______________________________________________________________ (address) as long as living, thereafter to
______________________________________________________________ (name)
______________________________________________________________ (address) as long as living.
The balance, if any, and any amounts accrued after the death of all persons named in the above designation shall be held for me, or in the event of my death before receipt thereof, shall be paid to the legal representative of my estate.
The foregoing direction may be modified from time to time by letter signed by the undersigned, and any such modification shall become effective upon receipt of such letter by you.
Payments made by the Company pursuant to this direction shall fully release the Company from the obligation of making any further payments with respect thereto.
_______________________________ (Pilot’s Signature)
_______________________________ (Print Name)- (Emp. #)- (Date)
Section 18: Witnesses and Representatives
A.p.251 Removal from Duty
1.During their terms of office, and with 30 days written notice prior to the beginning of the first affected bid period, the following shall be removed from flying as provided in Section 18.B.1.b. or c.:
a.the MEC Chairman;
b.MEC Vice-Chairman;
c.MEC Secretary-Treasurer;
d.pilots elected to a national office of the Association or IFALPA office;
e.pilots appointed to national Association or IFALPA positions; and
f.other pilots designated by the MEC Chairman; provided, however, the total number of pilots removed under Section 18.A.1. shall not exceed 10, except with the Company’s agreement.
2.Other Pilots
a.Pilots, not designated by the MEC Chairman as described above in Section 18.A.1.f., and comprising the MEC negotiating committee (up to five pilots), members of the System Board of Adjustment, FOQA Gatekeepers, and Training Review Board (TRB) members, shall be removed from flying at the Association’s notification, provided that the Association complies with Section 18.A.4.a. and c. Removals sent later than the 3 business day window shall not be unreasonably denied.
b.MEC members, or designees (one substitute for each absent MEC member) attending quarterly meetings, the ALPA Executive Vice-President, and members of the Pilot Benefit Review Board shall be removed from flying at the Association’s notification if the notification is made prior to the close of the Conflict Input Window as described in Section 25.E.2. for the affected bid period, and the Association complies with Section 18.A.4.a. If a removal is sent subsequent to the applicable Conflict Input Window, the trip removal will be processed under Section 18.A.3. and 4. (excluding A.4.b.), except that removals for pilots holding a secondary line shall be treated as having been sent prior to the close of the Conflict Input Window.
3.Upon written request by the MEC Chairman, or designee, a reasonable number of pilots shall be removed from flying to participate in the business of the Association or to participate in dispute resolution proceedings (e.g., pilots appointed to ALPA national committees or MEC p.252 committees) provided that any removal shall not unduly disrupt the Company’s operations.
4.Unless otherwise provided for, removal of pilots from flying pursuant to this Section shall be handled as follows:
a.The documentation supporting such removal shall include the pilot’s name, employee number, domicile, equipment type, seat, trip(s)/R-day(s) and date(s) on which the pilot is to be removed from flying. Such documentation shall be sent in a manner permitting immediate delivery and verification (e.g., email, facsimile), or by telephone call if such systems are unavailable.
b.Documentation supporting a removal for an entire bid period shall be sent, by the MEC Chairman, or designee, prior to the close of the Conflict Input Window for the affected bid period(s).
c.Unless otherwise agreed, documentation supporting a removal for other than a full bid period shall be sent to the the Managing Director, Labor Relations, or designee, not later than 3 business days (Monday through Friday excluding holidays) in advance of the report time(s) of the trip(s) or reserve day(s) for the affected pilot(s).
d.Unless otherwise agreed, the Managing Director, Labor Relations, or designee, shall respond in writing and transmit the response by facsimile to the MEC office and to the pilot via email, as soon as practicable, but not later than 2 business days following receipt of the removal documentation. Any response denying or limiting a removal shall include a statement of the grounds upon which the intended removal was denied or limited.
e.Requests shall not be unreasonably made or denied.
f.A pilot removed from flying for Association business shall remain on Association business for the entire period for which the pilot was removed, except as provided in Section 18.A.6. (sick leave).
g.The MEC may use Company email to make initial contact with a pilot for business or trip drop planning purposes.
5.The following shall apply to a pilot removed for Association business during a month in which the pilot has a scheduled vacation, whether the pilot is bidding in a flying, or pay only status.
a.A pilot shall bid for, and be awarded, a vacation as if the pilot were not removed for Association business.
b.A pilot awarded a regular line who has a scheduled vacation conflict with any trip(s), or conflict with the international buffer of an international trip, will be paid the full BLG. Trip(s) conflicting with vacation shall be charged to the pilot’s vacation bank.
c.p.253 A pilot awarded a secondary line who has a scheduled vacation will be paid the full BLG but will have the pilot’s vacation bank charged for each day of vacation.
d.A pilot awarded a reserve line who has a scheduled vacation will be paid the full RLG but will have the pilot’s vacation bank charged the value of a reserve day for each day of vacation.
e.The Association will be billed, pursuant to Section 18.C., for the difference of the BLG/RLG minus the vacation value.
6.A pilot removed from flying for Association business, who, due to illness or injury, is unable to perform any Association business, may have the pilot’s Association business status canceled. The MEC Chairman, or designee, and the pilot shall each notify the System Chief Pilot, or designee, in writing that the affected pilot shall be placed on sick leave status. This paragraph shall not apply to pilots removed for an entire bid period.
a.If a regular or secondary line pilot’s trip(s) has been removed for Association business and the pilot then becomes sick, the removal code(s) for that trip(s) shall be changed from Association business to sick leave pursuant to the following procedures:
i.At 0900 Local Base Time (LBT), the day prior to the scheduled report time for each affected trip, the removal code will be changed to sick leave while the pilot continues on sick leave.
ii.A pilot shall not be permitted to convert the pilot’s status for a trip from Association business status to sick leave status after the beginning of that trip.
iii.Once a trip removal code has been changed from Association business status to sick leave, no further removal changes will be made, except as provided in Section 18.A.6.c.
b.If a reserve pilot whose reserve day(s) have been removed for Association business is changed to sick leave for any future reserve day(s), that reserve day(s) value shall be charged to sick leave for each day(s) changed from Association business to sick leave. A pilot shall not be permitted to convert the pilot’s status for an R-day from Association business status to sick leave status after the beginning of that R-day.
c.When the pilot desires to revert from sick leave status to Association business status, or to return to active flying, the MEC Chairman, or designee (or the pilot, if returning to active flying), shall notify the System Chief Pilot, or designee, in writing of the affected pilot’s intentions. If the pilot has been removed from a remaining trip(s) or reserve day(s) during that bid period for Association business, p.254 the pilot will return to Association business status at the end of the sick leave.
d.A trip(s) or R-day(s) removed for sick leave will not be billed to the Association.
B.Compensation and Benefits
1.Compensation for Full Bid Period Removals and Pilots Listed in Section 18.A.1.
a.A pilot removed from flying for an entire bid period shall be compensated by the Company for the number of credit hours of the pilot’s awarded line, BLG or RLG, for that bid period, including carryover, if any, and including hourly rate override, if applicable.
b.Notwithstanding Section 18.B.1.a., the pilots listed in Section 18.A.1. shall not bid lines in their respective aircraft and seat position. They shall be compensated based on the number of CH established by the MEC. The MEC shall advise the Company each year by the end of the November bid period as to the monthly credit hours for each pilot for the following year. In no event shall this CH number for the new year be greater than the system-wide average of the highest lines with carryover for the current calendar year (the cap for the upcoming calendar year shall be derived from the system-wide average of the highest lines with carryover, in the bid periods of January through December of the current year).
i.During bid periods where the pilots have scheduled vacation, the Association’s reimbursements to the Company shall be reduced by the value of the scheduled vacation (i.e., the number of days of awarded vacation for that bid period times 6 credit hours per day), unless the Association elects the bid period prior to not have the vacation days and hours in the following bid period deducted from the respective pilot’s vacation bank.
ii.An Officer who is projected to be unable to perform the pilot’s Association duties, for the remainder of the bid period, due to illness or injury, shall, upon notification to the Company, have the Association business status, as described in this paragraph, cancelled. The remainder of that bid period, if any, shall be prorated, and any subsequent periods bid in a pay only status shall be compensated the BLG or RLG of the pilot’s pay only line and the pilot’s sick leave account(s) shall be reduced by the same amount.
iii.With 30 days written notice to the Company, the Association may elect to process trip removals for an MEC officer(s) as provided in Section 18.A.2.a., rather than as provided in Section 18.B.1.b., or vice versa.
c.p.255 Notwithstanding Section 18.B.1.a., during their terms of office, pilots elected to function as a national officer of the Association or IFALPA, or appointed to national Association or IFALPA offices, shall not bid lines in their respective aircraft and seat position. They shall be compensated at the pay rate and the number of CH established in accordance with ALPA/IFALPA Constitution and By-laws and policies.
2.A pilot removed from flying for less than an entire bid period shall be protected by the Company from loss of compensation as follows:
a.A line holder shall be compensated for the scheduled credit hours of the trip(s) from which the pilot is removed, including hourly rate override, if applicable, but excluding per diem.
b.A reserve line holder shall be compensated a reserve day value for each day of scheduled reserve availability from which the pilot was removed during the month.
c.A regular, secondary or reserve line shall be adjusted for conflicts for a carryover trip or a carryover reserve day(s).
3.Subject to the provisions of Section 23, a pilot removed from flying for Association business shall continue to receive, earn, accrue and remain eligible for all benefits of employment, including seniority and longevity accrual, sick leave and vacation, as if the pilot had not been removed.
4.A pilot removed from flying for Association business shall be eligible for award/assignment on a System Bid which closes during the period of the pilot’s removal, subject to the following:
a.Pilots who have been, or will be (as notified by the Association), unavailable for flying for more than 30 days, due to Association business, shall receive a notional award/assignment.
b.The following applies to a pilot who receives a notional System Bid award or assignment, pursuant to Section 18.B.4.a., and who would require training for that crew position. That pilot will have the pilot’s system-wide seniority compared against those who were actually awarded/assigned the applicable crew position (and who also require training), in order to establish their “Nth” position.
This comparison shall be as follows:
i.All pilots who are awarded or assigned (both notionally and actually) the applicable crew position shall be pooled together in a single list.
ii.Pilots who are awarded the crew position shall be listed in seniority order.
iii.Pilots who are assigned the crew position shall be listed in inverse seniority order after the pilots in Section 18.B.4.b.ii.
c.p.256 Pilots subject to Section 18.B.4.b. will begin to earn the applicable hourly rate either:
i.Upon the Nth actual pilot activation into the applicable crew position, following the close of the applicable System Bid; or
ii.Upon the [N-1]th actual activation, if there is no Nth actual pilot activation (for an award); or
iii.Upon the [N+1]th actual activation, if there is no Nth actual pilot activation (for an assignment); or
iv.90 days following the close of the applicable System Bid, if there are no actual pilots who activate in that pilot’s crew position.
d.A pilot who was notionally awarded or assigned to a different crew position, while unavailable for flying due to Association businesss, will be assigned to a training date for that crew position as soon as practicable after the Company receives notification of the pilot’s availability.
e.A pilot who does not receive a notional award pursuant to Section 18.B.4.a., or whose period of unavailability did not include any System Bid closings, will return to the pilot’s current crew position when the Company receives notification of the pilot’s availability. If such pilot requires requalification training, the pilot will be assigned to a training date as soon as practicable.
C.ALPA Flight Pay Loss Bank and Reimbursement of Compensation
1.On January 1 of each year, the Company shall deposit 2,000 CH into an ALPA Flight Pay Loss Bank. On January 1 of each year, the Company shall deposit 1,600 CH into an ALPA Safety and Data Collection Bank, which shall be allocated as follows:
| Aviation Safety Action Program (ASAP) | 285 CH |
|---|---|
| Info Share | 95 CH |
| ASAP Event Review Committee Training | 28 CH |
| Fatigue Risk Management Group (including Fatigue Event Review Committee and Data Collection Steering Committee) | 307 CH |
| Flight Operational Quality Assurance (FOQA) Program | 885 CH |
2.Should the Association cancel or elect to no longer participate in the programs covered by the ALPA Safety and Data Collection Bank, the Company may remove CHs attributable to those programs, prorated per the number of months remaining in the calendar year.
3.The Company shall bill the Association on a monthly basis for 95% of the compensation paid to pilots on Association business for trips or R-days missed, excluding trips dropped as a result of vacation pursuant to Section 18.A.5., or sick leave pursuant to Section 18.A.6. In addition, p.257 the Company shall bill the Association an override of 20% of the amount invoiced pursuant to this paragraph for ordinary compensation related costs incurred by the Company for items such as payroll taxes and the costs of benefits.
4.The Association shall not be billed for the compensation paid during the training of up to two Association members of the TRB per year, and one initial Association member of the Event Review Committee.
5.Invoices shall be submitted to the MEC Secretary-Treasurer, or designee, and shall include pilot name, employee number, domicile, trip or reserve day dates (as applicable), pairing numbers (if applicable), and compensation paid.
6.Within 45 days following the MEC Secretary-Treasurer’s receipt of an invoice, the Association shall remit the amount due to the Company official designated to receive those payments. In lieu of reimbursement, the MEC may, at its discretion, use the CH in the ALPA Flight Pay Loss Bank or the ALPA Safety and Data Collection Bank to offset reimbursements owed to the Company for specific pilots removed from specific trip/activity by the Association in order to participate in the following Association business:
a.Accident Investigation Committee;
b.Aeromedical Committee;
c.ASAP Event Review Committee, including training for members of the ERC (subject to Section 18.C.4.);
d.Bereavement Committee;
e.Critical Incident Response Program Committee;
f.Data Collection Steering Committee;
g.Fatigue Event Review Committee;
h.Fatigue Risk Management Group;
i.FOQA Steering Committee (subject to the provisions of Paragraphs A.12. and G.1. and 2. of the FOQA LOA);
j.FOQA Monitoring Team (subject to the provisions of Paragraph G.1. and G.2. of the FOQA LOA);
k.HIMS Committee;
l.Insurance and Retirement Board;
m.Jumpseat Committee;
n.Legislative Affairs Committee, for activities that are consistent with the Company’s stated interests.
o.Military Affairs Committee;
p.Pilot Benefit Review Board;
q.p.258 Pilot Scheduling Improvement Team (subject to Section 25.BB.H.2.b.);
r.Professional Standards Committee;
s.Safety Committee;
t.Security Committee;
u.Security Event Review Committee;
v.Scheduling Committee;
w.Scheduling Improvement Group (subject to Section 25.BB.H.2.a.);
x.Training Committee;
y.Training Review Board, including training for members of the TRB (subject to Section 18.C.4.);
z.Trip Services Committee; and
aa.Any other activity agreed upon, in advance and in writing, by the MEC Chairman and the Vice President, Labor Relations.
Exhaustion of the ALPA Flight Pay Loss Bank will not be the basis for refusing to meet with the Company.
Removals for Association business other than as listed above may not be charged against either the ALPA Flight Pay Loss Bank or the ALPA Safety and Data Collection Bank.
Note: When reconciling removals against either the ALPA Flight Pay Loss Bank or the ALPA Safety and Data Collection Bank, the Association shall include the reason for any such removal.
D.Currency Requirements
1.Any pilot removed from flying for Association business shall maintain currency unless unable to do so for reasons not related to Association business leave provided, however, that MEC officers, members of the MEC Negotiating Committee, along with pilots elected to a national office of the Association or IFALPA office, pilots appointed to national Association or IFALPA positions, and other pilots designated by the MEC Chairman under Section 18.A.1.f. may elect not to maintain currency.
2.A pilot removed for an entire bid period for Association business shall be permitted, during that same bid period, to bump a pilot(s) in the pilot’s seat and equipment type to maintain currency, in accordance with Section 25.L.11.
E.Association Fly Back (AFB Pay Code)
1.During any calendar year in which a pilot is removed from flying to participate in Association business on a full- or part-time basis such pilot may request an assignment from open time as AFB.
2.p.259 The pilot shall be paid per diem and, if applicable, international override when operating an AFB trip(s).
3.The number of hours of compensation to which the Company is entitled to reimbursement pursuant to Section 18.C., due to a pilot’s removal from flying for Association business shall be reduced on an hour-forhour basis by that pilot’s AFB credit. In the event a pilot’s AFB credit exceeds the hours of the pilot’s compensation to which the Company is entitled to reimbursement pursuant to Section 18.C., the pilot shall be compensated for the excess AFB credit hours (by submission of a pay log). If a pilot is removed from an AFB trip prior to block-out due to sick leave, the pilot shall not earn any CH for that trip and no deduction shall be made from the pilot’s sick leave account.
4.Invoices submitted to the Association pursuant to Section 18.C., shall state for each AFB trip the pilot’s name, employee number, domicile, trip, pairing number and the amount of compensation offset by the AFB trip.
Section 19: Investigation and Discipline
A.p.261 Preliminary Matters
1.Discipline is defined as Letters of Warning, Suspensions, Terminations, and any other action taken by flight management resulting in a loss of pay or benefits to which the pilot would otherwise be entitled.
2.Counseling sessions and Advisory Letters do not constitute disciplinary action and may not be grieved. An Advisory letter is a non-disciplinary form letter issued to a pilot to communicate policy, procedures or work rules, which if violated in the future, could lead to discipline.
3.Standard for Discipline
a.The discipline standard for non-probationary pilots shall be “just cause.”
b.Probationary pilots shall be considered to be employed on an “at will” basis for purposes of administering and reviewing discipline.
B.Documentation
1.The Company shall provide a pilot with a copy of any written record of disciplinary action or advisory letter within 10 days after that record is placed in the pilot’s personnel file.
2.A pilot shall have 60 days from the date on which the written record is received or reasonably should have been received, to place a written response concerning that action in the pilot’s personnel file.
3.A pilot may examine the pilot’s personnel file on any business day during normal business hours with adequate notice to the pilot’s Fleet Captain.
4.An irregularity report or documents referring to an irregularity report (except for Advisory or Disciplinary Letters) shall not be placed in a pilot’s personnel file.
C.Consideration of Prior Disciplinary Action
An Advisory Letter or a Disciplinary Letter (e.g., a letter of warning, suspension, or termination) may be used to establish that a pilot was given notice of a policy, procedure or work rule, and/or that discipline could result from future violations of such policy, procedure or work rule, no matter the date of issuance of such Letter.
An Advisory or Disciplinary Letter shall not serve as a basis for discipline after a period of 1 year during which the pilot receives no further Advisory or Disciplinary Letters. However, an Advisory or Disciplinary Letter may be considered in assessing future discipline involving similar misconduct for up to 2 years after the receipt of the most recent Advisory or Disciplinary Letter.
D.p.262 Investigation
1.The Company shall investigate and understand a pilot’s performance and conduct before taking any disciplinary action against that pilot. Part of a proper investigation may include management talking or meeting with a pilot or group of pilots to determine the facts and circumstances surrounding a situation. Depending on the circumstances of the particular case, some or all of the necessary fact gathering may occur prior to or without the need for a hearing of any type.
2.A pilot may request Association representation at a Company investigatory interview/meeting. When a pilot makes such a request, the Company shall either:
a.afford the pilot the opportunity to secure Association representation before initiating or continuing the interview/meeting;
b.refrain from or discontinue the interview/meeting immediately; or
c.offer the pilot the choice of either continuing the interview/meeting without Association representation or rescheduling the interview/ meeting within a reasonable period of time, to allow the pilot the opportunity to arrange for Association representation.
3.Under no circumstances shall flight management require a pilot to submit to a psychological or psychiatric examination. However, a pilot may be required to undergo a psychological/psychiatric examination if directed by the Company’s aeromedical advisors, in accordance with Section 15.
E.Discipline
A pilot shall not be disciplined without first being afforded the opportunity for a hearing.
1.Hearing
a.Notice of Hearing
i.The Company shall send the pilot and the Association a Notice of Hearing setting forth the date, time and place of the hearing, together with a statement of facts and specific subject matter(s) to be addressed. The Notice of Hearing shall be sent to the pilot and Association a reasonable amount of time prior to the hearing considering the time needed to prepare as well as the interest in concluding the matter without undue delay.
Intent: The following example applies to Section 19.E.1.
Example: The Company believes a pilot may have falsified the pilot’s employment materials by significantly overstating the pilot’s flight hours and by indicating that the pilot had never received any discipline from a former employer. The following notice would satisfy this paragraph: “You are directed to p.263 attend a hearing on April 2 at 10:00 in my office. It has been alleged that you may have falsified your employment materials. If true, these allegations could warrant discipline.”
ii.Accompanying the Notice of Hearing, the Company shall attach the relevant document(s), excluding witness statements and notes, which prom pted the flight manager to send the Notice of Hearing.
b.The hearing shall be conducted by the Assistant System Chief Pilot or a Fleet Captain. A written decision shall be issued within 15 days following the close of the hearing. If the decision is to discipline the pilot, the decision shall state the discipline and specific grounds for that discipline.
c.After an initial discussion in which the Company may ask questions and receive answers from the pilot, if requested by the pilot or the Association, the Company shall produce documentary information (including written witness statements and information in electronic format), known and in its possession, but excluding notes except to the extent that the notes contain information from fact or expert witnesses, and names of witnesses excluding confidential witnesses.
i.Disputes whether a witness shall be considered confidential shall be resolved by referring the issue to the arbitrator hearing the underlying case, or an arbitrator selected from the panel of arbitrators by mutual agreement. The parties shall present the issue to the arbitrator so that the System Board hearing on the underlying dispute is not delayed.
ii.Information provided along with the Notice of Hearing, as provided in Section 19.E.1.a.ii., need not be reproduced under this paragraph.
d.The pilot shall be afforded the opportunity to respond to information described in Section 19.E.1.c. before a decision is rendered. If necessary, the hearing shall be delayed or continued in order to provide the pilot with adequate time to prepare and/or respond. The Company may continue to investigate the circumstances of a particular case and to gather additional documentation after the close of the hearing.
e.If a pilot is unavailable due to the pilot’s arrest and detainment by government officials, the Company shall notify the Association, and shall take reasonable steps to notify the pilot of the hearing and to accommodate the pilot’s participation to the extent permitted under the circumstances. After those prerequisites have been met, the pilot’s unavailability shall not prevent the Company from conducting a hearing regarding the pilot.
a.If the decision is to terminate the pilot, the case shall automatically be appealed to the Vice President, Flight Operations. The appeal hearing shall be conducted by the Vice President, or designee, within 15 days after the decision to terminate the pilot.
b.If the decision imposes discipline less than termination, the pilot or the Association may appeal the decision to the System Chief Pilot. Appeals shall be in writing and shall be filed within 15 days after the pilot receives notice of the decision. The appeal hearing shall be conducted by the System Chief Pilot, or designee, within 15 days after the System Chief Pilot’s receipt of the appeal.
c.The hearing officer for the appeal shall be different from the hearing officer for the initial hearing.
d.After an initial discussion in which the Company may ask questions and receive answers from the pilot, if requested by the pilot or the Association, the Company shall produce documentary information (including written witness statements and information in electronic format but excluding notes maintained by management personnel) gathered since the close of the initial hearing.
e.[Reserved]
f.The hearing officer shall issue a written decision within 15 days following the close of the hearing. If the decision is to discipline the pilot, the decision shall state the discipline and specific grounds for that discipline. If the hearing officer fails to issue a written decision in a timely manner, the pilot and/or Association shall not be deemed to have waived any arguments to the System Board regarding any claim for relief based on the untimely decision. Nothing in this paragraph diminishes the Company’s obligation to issue a timely decision.
3.The Association has the right to have a representative present at any disciplinary hearing. The Association shall be given notice prior to any disciplinary hearing in accordance with Section 19.F.5.
4.Appeal To System Board of Adjustment
If the pilot disagrees with the decision at the internal appeal level, the pilot may appeal the decision, through the Association, to the System Board of Adjustment as described in Section 21. The appeal shall be in writing and shall be made within 15 days following the date on which the pilot received notice of the decision. Copies of the appeal shall be sent to the Association, the Vice President, Flight Operations and the designated official in the Company’s Labor Relations Department.
F.p.265 General
1.If, as a result of any hearing or appeal, the original discipline imposed on a pilot is reduced or rescinded, the pilot’s pay, benefits, seniority and longevity shall be restored consistent with the hearing officer’s decision, and the pilot’s file shall reflect such resolution.
2.Time limits and hearing/appeal dates may be modified, orally or in writing, by agreement of the parties. Oral agreements shall be confirmed in writing as soon as practicable. Requests for modifications shall not be unreasonably denied.
3.For the purpose of computing the time limits stated herein, an appeal shall be deemed “filed,” and a decision shall be deemed “issued,” on the day in which the appeal or decision is postmarked, or if Federal Express is used, on the day in which the appeal or decision is submitted to the Company for shipment, or if a facsimile machine or electronic mail is used to transmit the appeal or decision, on the day in which the appeal or decision is transmitted by such means.
4.For the purpose of Section 19, the term “day” means business day. However, if the last day of a time limit falls on a Corporate or ALPA Holiday (currently including New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day and the following Friday, Christmas, or the day on which such holiday is observed by the Company or ALPA), the time limit shall be extended through the first business day following the holiday. The parties shall advise each other expeditiously of any changes to ALPA or Corporate holidays.
5.Delivery of all notices, Advisory Letters, Disciplinary Letters, decisions and appeals pursuant to Section 19 shall be made in person, by Federal Express Overnight Letter, by certified mail, return receipt requested, Company electronic mail, or by other methods which provide verification of receipt. Such correspondence shall be made to the pilot’s Company electronic mail address and to the pilot’s permanent, primary address. Such correspondence shall also be sent to the MEC Representation Department and the MEC Grievance Committee Chairman. A pilot shall be deemed to have received notice upon the earlier of the pilot’s actual receipt of notice or 20 days after transmission of the electronic mail message.
6.Every participant in disciplinary proceedings shall be free to discharge the participant’s duty without fear of retaliation by the Association or the Company. No participant shall be coerced or harassed by the Association or the Company.
7.Copies of recordings or other transcriptions made at any meeting or hearing conducted pursuant to this Section shall be provided to all parties, upon request, without undue delay, after it has been finalized.
p.266 Failure to respond to a request without undue delay shall render that recording or transcript inadmissible until the requesting party has had sufficient time to review the recording or transcript.
8.Grievants and a reasonable number of witnesses and Association representatives involved in the resolution of disputes pursuant to Section 19 may be released from Company duty, if necessary, as provided in Section 18 of this Agreement. Expenses and flight pay loss, if any, for line pilot witnesses called by any party, shall be borne by the party who called the witness or otherwise incurred the expense.
9.Letter of Warning In Lieu of Hearing
a.Absent the Association’s prior assent to the waiver of a preliminary hearing, the Company shall send the Disciplinary Letter, including the hearing waiver language, to the pilot and the Association without first obtaining the pilot’s signature.
b.The letter will instruct the pilot to indicate the pilot’s intentions within 7 business days, either by signing and returning the letter to the pilot’s flight manager (measured from postmark/drop-off), or by communicating to flight management the pilot’s desire not to waive the hearing.
c.If the pilot signs the letter and there is no correspondence from the Association within the same 7 day period indicating the Association’s disagreement, no further action is necessary, and the discipline will be fully precedential in accordance with Section 19.C. absent a specific agreement to the contrary.
d.If the pilot declines to sign the hearing waiver, then the Company may elect to conduct a Section 19.E. hearing on the matter.
e.If the pilot signed the hearing waiver, but the Association timely indicates its disagreement in writing by overnight delivery, facsimile, or electronic mail, the Company has two choices:
i.The Company may accept the hearing waiver, in which case the discipline will have precedential effect only with regard to the pilot to whom the discipline was issued; or
ii.The Company may conduct a preliminary hearing under Section 19.E, in which case, any discipline, and the precedential effect thereof, would be determined in accordance with Section 19.C.
f.In any case, if the Company offers discipline in the context of a hearing waiver, but ultimately holds a preliminary hearing on the matter (whether under the process described in Section 19.F.d. or e.), the offer of discipline and the hearing waiver, and any discussions pertaining to that offer, shall be considered settlement p.267 discussions and shall carry the same evidentiary protections that normally accompany such discussions.
10.When mutually agreeable, the Company may conduct disciplinary hearings pursuant to Section 19.E. by telephonic and/or video conference.
11.Removal From Service
a.If a pilot is removed from flying during the disciplinary process set forth in this Section, prior to any disciplinary action being taken, the pilot’s access to Company communications systems (e.g., e-mail, VIPS, etc.) shall not be restricted or eliminated, and the pilot shall continue to accrue all pay and benefits (e.g., seniority, longevity, retirement, vacation, sick leave) as if the pilot had not been held out of service.
b.During the disciplinary process set forth in this Section, if (i) a pilot’s use of Company jumpseats has been restricted by the Company and (ii) the pilot does not have a residence within 100 nautical miles of the location of the disciplinary hearing, the Company shall provide the pilot with travel to and from the disciplinary hearing and, if necessary, 1 night’s stay in a hotel room in the location of the disciplinary hearing.
c.After a pilot has been withheld from service with pay for more than 2 full bid periods, the pilot is not eligible to bid a flying line. Instead, the pilot must bid a pay only line and shall be paid the BLG/RLG for the pilot’s awarded pay only line. The pilot may elect that the pilot instead be paid the average of the pilot’s awarded lines’ credit hour values, plus carryover, during the previous 12 bid periods.
12.Nothing in this Section shall be construed so as to waive or limit any privilege, provided under applicable law, that would protect information from disclosure, including the attorney-client privilege.
Section 20: Grievances: Administrative
A.p.269 Application
Section 20 applies to grievances, which are defined as disputes growing out of the interpretation or application of agreements between the parties hereto concerning rates of pay, rules or working conditions. Any pilot, group of pilots covered by this Agreement or the Association on behalf of such pilot(s) who has a grievance concerning any action of the Company affecting the pilot(s), except matters involving discipline, shall have such grievance handled in accordance with the following procedures, provided that such grievance is properly and timely filed in the manner set forth below.
B.Filing of Grievance
1.A grievance under Section 20 shall be filed in writing with the Vice President, Flight Operations, within 60 days following the date on which the pilot acquired knowledge, or reasonably should have acquired knowledge, of the fact(s) or event(s) giving rise to the grievance. The 60-day filing period for a grievance shall be extended to 90 days in cases where there is written evidence within the 60-day period that a pilot (or the Association on behalf of a pilot) notified either FedEx Labor Relations/Contract Administration or a member of flight management of the underlying issue in an attempt to resolve the matter within the 60 day filing period. A grievance shall contain a statement of the facts and circumstances from which it arises, a citation to the provision(s) of the agreement that has allegedly been violated and the relief or remedy requested.
2.Notwithstanding the time limitation in Section 20.B.1. above, grievances arising out of clerical or bookkeeping errors may be filed outside the 60 day period provided that they:
a.do not involve a dispute of the Company’s interpretation or application of agreements between the parties hereto; and
b.can be definitively resolved by reference to Company records.
3.The Company may take corrective action at any time upon the discovery of clerical or bookkeeping errors, and the pilot shall be given notice of such change.
4.Copies of grievances shall be provided to the Association, and the designated Company officials.
C.Discovery
In response to a request by the other party for specific information, and if known and directly relevant to a grievance, a party shall produce names of witnesses and documentary information (including information in electronic format) but excluding notes except to the extent that the notes contain information from fact or expert witnesses. The party shall produce such information p.270 as soon as practicable. If necessary, the grievance hearing shall be delayed or continued in order to provide the parties with adequate time to prepare and/or respond. This paragraph shall not be construed to waive any privilege, provided under applicable law that would protect the information from disclosure, including the attorney-client privilege.
D.Hearing with Vice President
1.Within 15 days following receipt of a grievance, the Vice President, Flight Operations, or designee, shall conduct a hearing to establish the facts of the case and, if possible, to resolve the dispute.
2.A pilot shall be entitled to Association representation, or the pilot may elect to be represented by another pilot, at any hearing conducted pursuant to Section 20.
3.The Association has the right to be present during any hearing conducted pursuant to Section 20.
4.The hearing may be conducted telephonically if mutually agreeable to the grievant(s), the Association and the Vice President, Flight Operations, or designee. Within 15 days after the close of the hearing, the Vice President, Flight Operations, or designee, shall issue the Vice President, Flight Operations’ decision in writing to the signatory of the grievance, with a copy to the named pilot grievants (if any), the FedEx MEC Representation Department, and the designated Company officials. If the FedEx MEC Grievance Chairman is not the signatory of the grievance, then a copy shall be distributed to the Grievance Chairman as well.
E.Appeal of Decision
If the decision of the Vice President, Flight Operations, or designee, is not satisfactory to the pilot or the Association, such decision may be appealed by the Association to the System Board in the manner set forth in Section 21. Such appeal shall be in writing and shall be filed within 15 days following the date on which the signatory of the grievance received the decision. Copies of the appeal shall be sent to the FedEx MEC Grievance Committee Chairman, the Vice President, Flight Operations and the designated officials in the Company’s Labor Relations/Contract Administration Departments.
F.General
1.Time Limits
a.Time limits and meeting dates set forth in this Section may be modified, orally or in writing, by mutual agreement of the parties. Oral agreements shall be confirmed in writing as soon as practicable. Requests for modifications shall not be unreasonably denied.
b.When any hearing or appeal afforded a pilot(s) by this Section is not requested within the respective time limits prescribed herein, including any extension mutually agreed upon, the decision of the Company shall be final and binding.
c.p.271 If the Company fails to schedule or conduct a hearing in a timely manner, or to issue a timely decision as required by this Section, the grievance shall be deemed denied on the deadline for the hearing or decision, provided, however, that:
i.the Company’s obligations under Section 20.D.1. or D.4. shall not be diminished by this provision; and
ii.the Association shall not be deemed to have waived any arguments to the System Board regarding any claim for relief based on the untimely hearing or decision.
2.For purposes of Section 20, if a time limit is 15 days or less, the term “day” means business day. If a time limit is more than 15 days, the term “day” means calendar day. In any event, if the last day of a time limit falls on a weekend, or on a Corporate or ALPA Holiday (currently including New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day and the following Friday, Christmas, or the day on which such holiday is observed by the Company or ALPA), the time limit shall be extended through the first business day following the weekend or holiday. The parties shall inform each other expeditiously of any changes in Corporate or ALPA holidays.
3.Delivery of all notices, appeals, and discovery requests and responses pursuant to this Section shall be made by Federal Express Overnight Letter, by certified mail, return receipt requested, in person, by facsimile transmission, Company electronic mail, or by other methods which provide verification of receipt. Such correspondence shall be made to the pilot’s Company electronic mail address and to the pilot’s permanent primary address. A pilot shall be deemed to have received notice upon the earlier of the pilot’s actual receipt of notice or 20 days after the transmission of the electronic mail message. Company decisions shall be issued by FedEx Overnight Letter, with copies sent in the same manner to the FedEx MEC Representation Department, and the FedEx MEC Grievance Committee Chairman.
4.The release from Company duty of the grievant(s) and a reasonable number of witnesses and Association representative(s) involved in the resolution of disputes pursuant to Section 20 shall be as provided in Section 18 of this Agreement. Expenses and flight pay loss, if any, for line pilot witnesses called by any party, shall be borne by the party who called the witness or otherwise incurred the expense. Pilots participating as a witness or representative in a Section 20 hearing shall be authorized to book round trip jumpseats whose booking priority shall be business or an equivalent booking status to prepare for and attend such hearing.
Section 21: System Board of Adjustment
p.273 As provided in Section 204, Title II of the Railway Labor Act, a System Board of Adjustment is established for the purpose of adjusting and deciding grievances which arise under the terms of this Agreement and have been processed under Section 19 or Section 20 of this Agreement which are properly brought before it in a timely fashion. The System Board of Adjustment shall be known as the Federal Express Pilots’ System Board of Adjustment (hereinafter referred to as “the System Board”).
A.Jurisdiction
1.The disciplinary System Board shall have jurisdiction over disputes between a pilot(s) or the Association and the Company growing out of grievances, or out of the interpretation or application of any of the terms of the Agreement, which are processed under Section 19 of this Agreement and which are submitted to the System Board as provided in Section 21.B. A neutral arbitrator from the disciplinary panel shall hear such disputes as the sole member of the Board unless either party elects to proceed before a 3-person board. Any such election must be made at least 45 days prior to the System Board proceeding.
2.The non-disciplinary System Board shall have jurisdiction over disputes between a pilot(s) or the Association and the Company growing out of grievances, or out of the interpretation or application of any of the terms of the Agreement, which have been processed under Section 20, and which have been submitted to the System Board as provided in Section 21.B. Such disputes shall be heard by a 3-person System Board unless either party elects to proceed before a 5-person System Board. Any such election must be made at least 45 days prior to the System Board proceeding.
3.Retirement and Benefit disputes which are referred to the Pilot Benefit Review Board, as provided in Sections 27 and 28, are handled as set forth in those Sections.
4.The jurisdiction of the System Boards shall not extend to proposed changes in hours of employment, rates of pay or working conditions covered by agreements between the parties in existence at the time the System Board decision is rendered.
B.Submissions to the System Board
1.At least 60 days prior to a System Board proceeding, the Company and the Association shall confer and designate the case(s) to be heard during that session. Copies of the appeal(s) for the case(s) designated to be heard shall be promptly provided to the neutral member. If the parties cannot agree, the oldest case(s) shall be selected first, except p.274 that under the disciplinary System Board, termination cases shall take precedence over non-termination cases.
2.Disputes shall be appealed to the System Board by filing an Appeal with the System Board Chairman as provided herein.
3.Appeals to the System Board shall contain the following:
a.Statement of facts and circumstances.
b.A citation to the portions of this and/or related Agreements which gave rise to the Grievance.
c.A statement of the issue(s) and/or questions to be decided.
d.Position of the party submitting the appeal.
e.Position of the other party or parties.
f.The relief sought (optional).
4.Copies of appeals shall be sent to the FedEx MEC Grievance Committee Chairman, the FedEx MEC Representation Department, the Vice President, Flight Operations and the designated officials in the Company’s Labor Relations/Contract Administration Departments.
5.If any party disagrees with the statement of its position contained in an appeal filed by another party, the objecting party may submit its own statement to the System Board and all other parties.
6.Pre-hearing briefs may be submitted only to the System Boards by agreement of the parties, or by order of the arbitrator.
C.System Board Composition and Proceedings
1.Composition
a.The Company and the Association, when applicable, shall each appoint an equal number of members to serve on the System Board. Such members shall be current or former employees of the Company or current or former regular employees of the Association. The neutral member of the System Board shall be the arbitrator.
b.Each member of the System Board shall have one vote.
2.Proceedings before the System Board
a.System Board proceedings shall take place in person, unless all parties agree to conduct the hearing telephonically.
b.Disputes between pilots or the Association and the Company which are processed under Section 19 of this Agreement and which are submitted to the System Board as provided in Section 21.B., may be consolidated by mutual agreement of the Company and the Association.
D.p.275 Arbitration
1.The 3-person System Board, when elected by one of the parties for disciplinary cases, shall hear disputes submitted under Section 19 of this Agreement. Otherwise, the neutral member shall decide disciplinary cases alone. The non-disciplinary System Board shall hear disputes submitted under Section 20 of this Agreement.
2.Each member of the System Board shall have one vote. If one member of a 5-person System Board is absent, member may give the member’s proxy to another member. Proxies must be in writing.
a.The System Board may not reach a decision without a vote by all members. No member may refuse to vote in order to prevent a decision from being rendered.
b.If the System Board reaches a decision by majority vote, that decision shall be final and binding on all parties and the System Board shall issue a written decision within 30 days after the vote.
3.The neutral member shall serve as the chairman of the System Board and shall preside at all hearings of the System Board.
4.15 Day Evidentiary Exchange
Each party shall exchange all documents they intend to enter in their case in chief, in support of their respective positions, and make available, in writing, the names of all witnesses they intend to summon whom they deem necessary to the dispute 15 days prior to the date set for the hearing. Nothing herein shall require the parties to present the aforementioned documents or summon the aforementioned witnesses during the course of the hearing. The parties shall not be restricted from entering documents or summoning witnesses who become known subsequent to the 15 day exchange, provided timely notice is given to the opposing party.
E.Panels of Arbitrators
1.The Association and the Company shall maintain 2 separate panels of 6 arbitrators each: one with arbitrators for disciplinary cases and the other with arbitrators for non-disciplinary cases.
2.Impaneling of Arbitrators
a.At least 180 days prior to the amendable date, the Association and the Company shall meet to determine whether to retain either of the current panels of arbitrators. If either of the parties decides to replace a panel(s), the parties shall simultaneously exchange a list of 15 arbitrators for each panel to be replaced. An incumbent arbitrator(s) on a panel that is being re-selected may be submitted on a party’s 15 arbitrator list.
b.p.276 Within thirty days following the exchange, the parties shall meet in order to select the subsequent panel(s) of arbitrators.
c.The selection of arbitrators shall be accomplished as follows:
i.If an arbitrator(s) appeared on both exchanged lists described in Section 21.E.2.a., such arbitrator(s) shall be accepted as a member of the respective panel. If the panel is not complete, then;
ii.the parties shall examine each other’s lists and determine whether there are any arbitrators on the other party’s list that are acceptable to both parties. Any such arbitrator(s) shall be accepted as a member of the respective panel. If the panel is not complete, then;
iii.within 15 days following the meeting, the parties shall simultaneously exchange a second list, containing 7 different arbitrators, and repeat the process described in Section 21.E.2.b., and c.i. and ii. If a panel still is not complete, then;
(a)the parties shall jointly request the NMB to provide a single list containing 7 arbitrators for each remaining vacancy on that panel (e.g., a list of 14 arbitrators to fill 2 vacancies on a panel).
(b)following receipt of the list(s), the parties shall examine the list(s) and determine whether any arbitrators are acceptable to both parties. Any such arbitrator(s) shall be accepted as a member of the respective panel. If the panel still is not complete, then;
(c)any remaining vacancies shall be filled using the alternate strike method based on the list(s) provided by NMB. A coin toss shall determine which party has the first strike. If the alternative strike method is necessary for both panels, then the party losing the coin toss regarding the administrative panel shall have the first strike on the disciplinary panel.
3.Vacancies on a Panel of Arbitrators
a.Should vacancies occur on either panel of neutral members, other than by operation of Section 21.E.5., the parties shall attempt to agree on a replacement within 30 days after the vacancy occurs. If the parties are unable to agree on a replacement, the vacancy shall remain unfilled.
b.If there are too few arbitrators to hear scheduled arbitrations, the parties may select an arbitrator to hear a scheduled arbitration on an ad hoc basis. This arbitrator shall be selected by the alternate strike method from a list of 7 arbitrators provided by the National p.277 Mediation Board. A coin toss shall determine which party has the first strike.
4.Scheduling of Neutral Members of the System Boards
a.In September of each year the Company and the Association shall schedule mutually agreeable dates on which the neutral members of the System Boards shall conduct System Board proceedings during the following calendar year. The slotting of neutral members into the scheduled dates shall be done by mutual agreement. If by September 20 of each year, the parties have been unable to agree upon such slotting, then on the first business day thereafter, the parties shall meet to determine such slotting by drawing the panel members’ names (first draw determined by coin toss) and slotting them in the order drawn.
b.If necessary, additional dates for System Board proceedings will be scheduled by mutual agreement of the Company and the Association.
5.Removal of Neutral
a.Bilateral
The Association and the Company may, by mutual agreement, remove an arbitrator from a panel(s). Within 30 days after the arbitrator’s removal, the parties shall meet to determine whether the vacancy should be filled or left vacant. If either party wishes to fill the vacancy, then the following shall apply:
i.The Association and the Company shall simultaneously exchange a list of 7 arbitrators within 10 days after the removal.
ii.Thirty days following the exchange, the Association and the Company shall meet in order to select the arbitrator. The selection of the arbitrator shall be accomplished as follows:
(a)If a single arbitrator appeared on both exchanged lists, such arbitrator shall be accepted as a member of the panel.
(b)If more than one arbitrator appeared on both exchanged lists, the replacement arbitrator shall be selected by an alternative strike method among the arbitrators appearing on both lists, with a coin toss to determine which party has the first strike.
(c)If no arbitrator appeared on both lists, the parties shall determine whether either party is willing to accept an arbitrator from the other party’s list. If a mutually acceptable arbitrator is found, such arbitrator shall be impaneled. If not, then the parties shall use the process described in Section 21.E.2.c.iii.(a) through (c) to fill the vacancy.
Each party shall have the opportunity to remove a total of three arbitrators during the term of the Agreement, but no more than one in any period of 12 months. A party exercising a unilateral removal shall inform the other party, in writing, of its removal.
i.The arbitrator shall be considered removed as of the date of the notice of removal, provided, however, that a System Board for which an appeal has been filed shall continue to retain jurisdiction over the dispute(s).
ii.If the removed arbitrator originally appeared on both parties’ list, then the arbitrator’s replacement shall be accomplished as provided in Section 21.E.5.a.i. and ii.
iii.If the removed arbitrator originally appeared only on one party’s list, then, within 30 days following the removal, that party shall submit a list of 7 arbitrators. Within 15 days following receipt of the list, the parties shall determine whether there is a mutually acceptable arbitrator. If not, then the parties shall use the process described in Section 21.E.2.c.iii.(a) through (c) to fill the vacancy.
6.Unless otherwise agreed, all arbitrators, whether on lists submitted by the parties or obtained from the NMB, shall be members of the National Academy of Arbitrators experienced in airline arbitrations.
F.General Provisions
1.Time limits and meeting dates may be modified, orally or in writing, by mutual agreement of the parties. Oral agreements shall be confirmed in writing as soon as practicable. Requests for modifications shall not be unreasonably denied. When any appeal to the System Board is not requested within the respective time limits prescribed herein, including any extension mutually agreed upon, the decision of the Company shall be final and binding.
2.For purposes of Section 21, if a time limit is 15 days or less, the term “day” means business day. If a time limit is more than 15 days, the term “day” means calendar day. In any event, if the last day of a time limit falls on a weekend, or on a Corporate or ALPA Holiday (currently including New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day and the following Friday, Christmas, or the day on which such holiday is observed by the Company or ALPA), the time limit shall be extended through the first business day following the weekend or holiday. The parties shall inform each other expeditiously of any changes in Corporate or ALPA holidays.
3.The Association, the Company and, if applicable, the individual grievant pilot are parties to all System Board proceedings.
4.p.279 Every participant in System Board proceedings shall be free to discharge the participant’s duty without fear of retaliation by the Association or the Company. No participant shall be coerced or harassed by the Association or the Company.
5.The reasonable expenses and fees of neutral members and any line pilot witnesses summoned by the System Board, and the cost of facilities selected for System Board proceedings shall be borne equally by the Company and the Association. A party may order a transcript or other record of a System Board proceeding. A copy of such record shall be made available to a party upon request, provided the requesting party agrees to pay a pro-rata share of the cost of making such record. All other costs associated with System Board proceedings, including, but not limited to, expenses and, if applicable, flight pay loss for line pilot witnesses called by any party, shall be borne by the party who called the witness or otherwise incurred the expense.
6.If applicable, a schedule for submission of post-hearing briefs shall be established immediately prior to the close of the hearing.
7.Proceedings of the System Board shall be conducted at locations selected by agreement of the Company and the Association. In making such selections, the Company and the Association shall endeavor to minimize costs. In the absence of an agreement, proceedings shall be conducted in Memphis, Tennessee.
8.The grievant(s) and a reasonable number of witnesses and Association representatives involved in the resolution of disputes pursuant to this Section may be released from Company duty pursuant to the provisions of Section 18 of this Agreement. The arbitrator hearing the underlying dispute shall resolve disputes regarding whether the number of Grievants and witnesses to be released from Company duty is disruptive to Company operations. The Parties shall present the issue to the arbitrator so that the System Board hearing on the underlying dispute is not delayed by disputes regarding the number of grievants or witnesses to be released from Company duty. Pilots participating as a witness, representative or member in a System Board proceeding shall be authorized round trip business jumpseat status to prepare for and attend such proceeding.
9.Delivery of all notices, decisions and appeals pursuant to Section 21, and any other documentation pursuant to Section 21 shall be made by Federal Express Overnight Letter, by certified mail, return receipt requested, in person, by facsimile transmission, Company electronic mail, or by other methods which provide verification of receipt. Such correspondence shall be sent to the pilot’s Company electronic mail address and the pilot’s permanent primary address. A pilot shall be deemed to have received notice upon the earlier of the pilot’s actual receipt of notice or 20 days after the transmission of the electronic mail p.280 message. Such correspondence shall also be sent to the FedEx MEC Representation Department, and the FedEx MEC Grievance Committee Chairman. Whenever a party sends correspondence or other documentation to an arbitrator related to a case under this Section, the other party shall be copied on such correspondence or documentation using the same delivery method by which the arbitrator was sent the arbitrator’s copy. Correspondence by email is acceptable among System Board members unless the neutral provides otherwise.
10.By mutual agreement between the Company and the Association, a neutral from the disciplinary panel may hear a non-disciplinary case, and vice versa.
11.At any System Board proceeding, the Company and ALPA may be represented, respectively, by an employee or agent of the Company or a representative or agent of ALPA.
12.System Board Awards
a.If a System Board Member dissents from an award issued by the majority of the System Board, the dissenting Member may submit a written dissent within 30 days of the majority’s execution of the award, which shall be attached to the award.
b.If a System Board Member dissents from an award issued by the majority of the System Board and has not executed the award within 30 days after the award is executed by a majority of the System Board, the majority’s award shall be final and binding without the dissenting Member’s signature.
Section 22: Seniority
A.p.281 Federal Express Pilots’ Master Seniority List
1.The Federal Express Pilots’ Master Seniority List (referred to throughout this Agreement as the Master Seniority List), containing the name of each pilot and the pilot’s relative placement on the list, shall continue to be maintained. The list will include both pilot and engineer seniority numbers. The list shall be brought up to date as of July 1 of each year and will be posted within 30 days thereafter. The effective date shall appear on the list.
2.The seniority of a pilot employed on or after May 31, 1999 shall accrue from the pilot’s date of hire. When 2 or more pilots have the same date of hire, those pilots shall be placed on the Master Seniority List in order of the last four digits of their social security numbers with the pilot having the highest last four digits of the pilot’s social security number receiving the more senior placement on the list. If 2 or more pilots have the same date of hire and have the same last four social security digits, their relative placement on the Master Seniority List shall be determined by drawing lots.
B.Seniority Accrual and Application
1.A pilot who has established seniority shall not lose the pilot’s seniority except that a pilot shall forfeit all employment and seniority rights and the pilot’s name shall be removed from the Master Seniority List under the following conditions:
a.Retirement.
b.Resignation.
c.Termination for just cause pursuant to Section 19, 20, and 21.
i.The seniority list will include a terminated pilot’s name until the pilot’s termination is final, inclusive of System Board proceedings, if any. A terminated pilot’s inclusion on the seniority list does not confer any rights of employment whatsoever.
ii.Section 20 is included because terminations that result from the application of Section 11 (Training) due to training failures give rise to contractual as opposed to disciplinary grievances.
d.Failing to return to a flying position upon recall pursuant to the provisions of Section 23.
e.Failing to return to work at the expiration of a leave of absence.
f.Termination of probationary pilots pursuant to Sections 19.A.3.b., 20 and 21. Section 20 is included because terminations that result from the application of Section 11 (Training) due to training failures give rise to contractual as opposed to disciplinary grievances.
g.p.282 Failing to be recalled from furlough by the Company for 7 continuous years.
h.Rejecting an offer of retirement under Section 23.A.2.c.
2.Except as otherwise provided in this Agreement, seniority shall govern all pilots in cases of System Bids, bid period schedule awards, vacation awards, ITU training schedules pursuant to Section 24, and retention in case of furlough and recall pursuant to Section 23.
C.[Reserved]
D.Protests of Master Seniority List
1.The Master Seniority List as of April 1, 2015, is considered inviolate. Challenges related to such arising from facts and circumstances occurring after April 1, 2015, however, are subject to Section 20 as follows:
a.Challenges relating to any subsequently published list must be filed on or before March 31 of the year in which the subsequent list is published.
b.An alleged error(s) on an annually updated Master Seniority List not grieved by March 31 of the year following the year in which the list is published is not grievable at any time in the future.
c.A pilot who is on leave of absence, vacation, sick leave or is not engaged in active employment with the Company at the time an annually updated Master Seniority List is posted, may file a grievance concerning an alleged error on the most recently published list provided the pilot does so before the earlier of:
i.30 days following the pilot’s receipt of the updated Master Seniority List; or
ii.30 days following the pilot’s return to active pilot employment.
d.The Company may correct typographical or clerical errors on the Master Seniority List any time during the year. The Company shall notify the Association in writing of any corrections.
E.Probationary Pilots
1.A pilot hired before February 28, 2011, shall be employed on a probationary basis for the first 365 days of accumulated active service as a pilot with the Company. A pilot hired on or after February 28, 2011, shall be employed on a probationary basis on the pilot’s DOH, and continuing for the first 365 days of accumulated active service as a pilot with the Company following the check ride/qualification event that establishes the pilot’s base month for recurrent training/continuing qualification. Termination of a pilot’s employment during the pilot’s probationary period shall result in the removal of the pilot from the Master Seniority List, subject to the provisions of Sections 19, 20 and 21.
2.Notwithstanding the provisions of Section 22.E.1., a probationary pilot is subject to the provisions of Section 23.
Section 23: Furlough and Recall
A.p.283 Furlough
1.Except as provided in Section 23.A.1.b. and A.2., if the Company determines it is necessary to reduce the number of active pilots, the Company shall furlough pilots in reverse order of system seniority as listed on the Master Seniority List. All pilots holding a seniority number at the time of furlough shall be subject to the provisions of Section 23 regardless of their employment status at that time (e.g., active flying service, leave of absence, disability, probationary pilots). Reductions in the number of pilots shall be accomplished as follows:
a.The Company shall notify the Association in writing prior to a furlough. The parties shall commence conferences to negotiate potential measures to prevent, mitigate, or delay a furlough, including, but not limited to, the lowering of the Section 4.A.1. Minimum Bid Period Guarantee. Such measures shall be implemented only if agreed upon by the Company and the Association. The Association’s approval shall be sought in a manner deemed appropriate by the Association’s MEC. If a “tentative” agreement is not reached within 30 calendar days (or as otherwise agreed) of the Company’s notice to the Association, the Company may issue furlough notices. If a “tentative” agreement is reached within 30 calendar days, the Company may issue furlough notices which would become effective in the absence of Association approval.
b.A pilot shall receive at least 30 calendar days notice with a copy to the Association prior to the effective date of any furlough. In the event the pilot receives less than 30 days notice, the pilot shall be pay protected for 30 days in lieu of that notice. No pilot notice or pay in lieu of notice shall be required if the furlough is the result of circumstances beyond the Company’s control. The Company shall provide prompt notification to the Association articulating the applicable “circumstances beyond the Company’s control.”
c.Prior to the issuance of furlough notices, the Company may offer voluntary furloughs. The Company may limit the offer to 1 or more designated crew statuses. Voluntary furloughs shall be granted in order of system seniority. The Company shall make best efforts to provide pilots at least 30 calendar days notice of the offer of voluntary furloughs, with a copy to the Association.
2.Notwithstanding the provisions of Section 23.A.1. and B.1., the following apply to a pilot subject to a regulated age restriction:
a.If the pilot is assigned from the pilot’s current crew position and, as a result of the pilot’s restriction, the pilot is ineligible to be awarded or assigned any other crew position, the pilot may be furloughed.
b.p.284 The pilot may be bypassed on recall from furlough until there is an available crew position that the pilot is eligible to be awarded or assigned.
c.A restricted pilot who cannot move to or be accommodated as a Second Officer from another crew position because the pilot’s relative seniority is less than the current population of Second Officers or there are no Second Officer crew seats, shall be offered the opportunity to retire as provided in the Agreement. Following a pilot’s rejection of the offer, the pilot shall be released from employment as provided in Section 22.B.1., and shall not be considered as having been furloughed in cases where the only crew status the pilot can occupy is Second Officer.
3.A pilot who is on furlough shall file with the flight personnel department the pilot’s current mailing address to be used in the event of recall. A pilot shall advise that department in writing of any change in the pilot’s address.
4.A furloughed pilot shall retain all longevity and seniority accrued prior to furlough and shall continue to accrue longevity for a period of 3 years. A furloughed pilot shall retain and continue to accrue seniority for a period of 7 continuous years.
5.A furloughed pilot shall retain the pilot’s regular and disability sick accounts in accordance with the provisions of Section 14.A.3.
6.A furloughed pilot shall be compensated for any earned and accrued vacation that is unused as of the date of furlough.
7.The continuation of a pilot’s benefits beyond the pilot’s furlough date shall be governed by applicable state or federal laws except that a pilot shall continue to be eligible for Company related insurance programs for the period, if any, during which the pilot is entitled to receive furlough pay as provided in Section 23.E.
8.The Company shall notify the Association in writing if it anticipates a recall.
9.A furloughed pilot shall continue to be eligible for employee reduced rate shipping privileges and Company jumpseat privileges, as provided in Section 26, for the period during which the pilot is entitled to receive furlough pay. A furloughed pilot will continue to have access to E-mail, VIPS and IMS for the period during which the pilot is entitled to receive furlough pay. During any period when there are pilots on furlough, the Company shall send the Association a copy of the Career Opportunities Postings, and each update. A furloughed pilot may coordinate with the pilot’s last flight manager if the pilot desires to apply for any Company positions.
10.Recall shall be offered to all pilots on furlough prior to the employment of a new hire pilot, except as provided in Section 23.A.2.b.
11.p.285 Th ere shall be no volunteer flying in any crew status while any pilot is on f urlough. The Company does not intend to rely on draft flying in order to avoid a recall.
B.Recall
1.Except as provided in Section 23. A.2., pilots, including pilots who have not completed their probationary period, shall be recalled from furlough in order of system seniority.
2.Furloughed pilots shall be notified of recall in writing (e.g., Federal Express Overnight Letter) with a copy sent to the Association. The notice shall allow the pilot at least 30 days to report for duty. The pilot shall respond in writing (e.g., Federal Express Overnight Letter) within 14 calendar days following the pilot’s receipt of the recall notice, and state whether the pilot will accept recall.
3.A pilot recalled from furlough shall be returned to the payroll on the day the pilot resumes active employment. Prior to the pilot’s activation in a crew status, the hourly rate of pay for a pilot who is recalled shall be the current hourly rate for the last crew status held by the pilot prior to the pilot’s furlough; provided, however, that if that crew status no longer exists, the pilot’s hourly rate of pay prior to activation shall be the hourly rate for the crew status to which the pilot has been recalled.
4.If a recalled pilot is unable to return to active flying service due to medical reasons, the following shall apply:
a.If the pilot was on disability at the time of furlough, the pilot’s eligibility for disability benefits shall be governed by Section 27.
b.If the pilot was on sick leave at the time of furlough the pilot shall not be entitled to sick leave until after the pilot has returned to an active pay status; provided, however that if the pilot would otherwise be entitled to sick leave based on the same injury or illness that caused the pilot to be on sick leave at the time of furlough, the pilot may re-enter sick leave upon recall.
c.If the pilot was not on sick leave at the time of furlough, the pilot shall not be entitled to sick leave until after the pilot has returned to an active pay status.
d.If the pilot does not qualify for sick leave or disability, the pilot shall be placed in a medical leave of absence.
e.For purposes of Section 22.B.1.d., the pilot shall be considered as having returned to a flying position.
5.A pilot may decline recall and remain on furlough if a junior pilot remains on furlough; provided, however, a pilot may not decline a recall if the Company has sent notice of recall to all furloughed pilots, and the pilot has not requested and been granted a leave of absence in accordance with Section 13.
6.p.286 Even if no junior pilot remains on furlough, a pilot may decline recall and remain on furlough for the duration of any individual contract of employment, not to exceed 24 months, to which the pilot is a party at the time of the pilot’s recall. The pilot shall provide the Company a copy of the pilot’s contract of employment.
7.A pilot’s election to decline recall and remain on furlough in accordance with Section 23. B.4. or 5. shall not extend the period of 7 years referred to in Section 22. B.1.g.
8.A pilot who is recalled from furlough shall be guaranteed at least 6 bid periods of active pilot employment following recall.
C.Incentive Plan
The Company may, at its option, elect to avoid or mitigate a furlough by offering pilots or a specific group of pilots (using age or seniority, unless the Association consents to an alternate selection criteria) voluntary early retirement and/or severance package. If made to a specific group of pilots, any offer shall be made on a uniform and non-discriminatory basis. The Company shall notify, meet and consult with the Association prior to making any offer pursuant to this paragraph.
D.Non-Flying Employment Opportunities
A pilot to whom a furlough notice has been issued may compete for available non-flying employment with the Company for which the pilot is qualified for a period of 90 days following the effective date of the pilot’s furlough or until expiration of the period, if any, during which the pilot is entitled to receive furlough pay, whichever is later. If a pilot is offered and accepts non-flying employment, the pilot’s pay, working conditions and benefits, including any relocation benefits, shall be determined by Company policies pertinent to that position. A furloughed pilot may not work in a non-flying position with the Company at the same time that the pilot is receiving furlough pay as provided in Section 23.E.1. If mutually acceptable to the pilot and the Company, however, such pilot may waive all or a portion of the pilot’s furlough pay in order to begin the pilot’s non-flying employment sooner.
E.Furlough Pay
1.A furloughed pilot shall receive furlough pay based on the pilot’s longevity as a pilot, in accordance with the table below. The hourly rate of furlough pay shall be the rate applicable to the pilot’s crew status on the day prior to the effective date of the pilot’s furlough. For purposes of this paragraph, bid period compensation is deemed to be 70 hours and a bid period is deemed to be 4 weeks. Furlough pay shall be paid to pilots as provided in Section 3, commencing with the bid period immediately following a pilot’s furlough.
p.287| LONGEVITY AS A PILOT | FURLOUGH PAY (BID PERIODS) |
|---|---|
| Less than 1 year | 0 |
| 1 years but less than 3 | 1.0 |
| 3 years but less than 4 | 1.5 |
| 4 years but less than 5 | 2.0 |
| 5 years but less than 6 | 2.5 |
| 6 years but less than 7 | 3.0 |
| 7 years but less than 10 | 3.5 |
| More than 10 years | 4.5 |
A furloughed pilot must return the pilot’s Company identification badge in order to receive furlough pay. Additionally, furloughed pilots must update their current contact information to ensure proper delivery of Company information, including recall notices.
2.A furloughed pilot may elect to reduce the dollar amount of the payments of the furlough pay to which the pilot is entitled by 50%. In this event, the number of bid periods during which the pilot is entitled to receive furlough pay shall be doubled. Any election of this option shall be made prior to the effective date of furlough and may not be modified after the commencement of the furlough.
3.If a pilot receiving furlough pay is recalled, the pilot’s furlough pay shall terminate on the date the pilot resumes active employment. However, if the pilot has elected reduced payments in accordance with Section 23.E.2., the pilot shall receive 60 hours of furlough pay per bid period, on a pro-rated basis, if applicable, for the period the pilot was on furlough, not to exceed the maximum furlough pay to which the pilot was entitled pursuant to Section 23.E.1.
4.If a furloughed pilot is on leave of absence on the effective date of furlough, the pilot’s furlough pay, if any, shall be based on the pilot’s scheduled or actual return from leave of absence, whichever is later. The pilot’s furlough pay shall be reduced by a prorated amount for each day the pilot was on leave of absence (or scheduled to be on leave of absence) after the effective date of the furlough.
5.A furloughed pilot who is entitled to reimbursement of expenses under the Agreement shall submit the documentation required for reimbursement to the Company within 30 days of the date when the pilot incurred the reimbursable expense.
Section 24: Filling of Vacancies
A.p.289 General
1.All crew positions shall be awarded or assigned pursuant to a System Bid conducted in accordance with the provisions of this Section, except as provided otherwise in this Agreement.
2.An eligible pilot’s actual or notional crew position (i.e., base, aircraft and seat) shall be determined by the pilot’s seniority and standing bid.
3.Certification Requirements
a.Prior to commencing training for a Captain or First Officer crew position, a pilot must possess a current FAA medical certificate for that crew position, as provided in Section 15.A., and an Airline Transport Pilot Certificate.
b.If a pilot does not possess the requisite certifications as described in Section 24.A.3.a., the pilot may be removed from that award/assignment and, if removed, shall remain in the pilot’s current crew position.
4.Standing Bid
a.After the close, or cancellation, of each System Bid, a pilot’s standing bid will be reset to reflect only the pilot’s currently awarded/assigned crew position at 100%.
b.A pilot may update the standing bid at any time. The standing bid format shall provide a method for percentage bidding on crew positions in 5% increments, measured as a function of each crew position’s Minimum Staffing Level.
c.Changes to standing bids shall be submitted through the Company’s appropriate electronic system (currently VIPS).
5.A pilot awarded or assigned a new crew position shall not relinquish the pilot’s current crew position until the pilot has been activated into the pilot’s new crew position.
a.If the pilot has been awarded/assigned a training start date and the pilot’s activation is delayed owing to the pilot’s performance or unavailability (e.g., leave of absence, sick leave), then the pilot will begin to earn the lower hourly rate of pay 90 days following the pilot’s awarded/assigned training start date, unless the pilot’s actual activation is sooner.
b.If the pilot has not been awarded/assigned a training start date, then the pilot will begin to earn the lower hourly rate of pay 90 days following the training start date the pilot would have been assigned but for the pilot’s unavailability.
p.290 Nothing in this paragraph shall be construed as a means to pay credit hours, earned by a pilot while operating flight activities, at an hourly rate lower than that rate associated with the aircraft the pilot operated.
6.Once a pilot commences Initial, Transition, or Upgrade (ITU) training, 24-Requalification (24-Requal), 24-Downbid training, or 24-Differences training, the pilot may not perform flight duties in the pilot’s current crew status, except as follows:
a.The pilot is returned to the pilot’s current crew position due to withdrawal from training, or as a result of a training failure; or
b.The pilot’s illness, injury or other absence(s) causes an unscheduled interruption to the pilot’s training which then results in a decision to return to the pilot’s current crew position; or
c.Whenever unscheduled training interruptions are caused by natural disasters, emergencies, prolonged mechanical malfunctions or extended periods of unavailability of training equipment anticipated to last in excess of 21 days.
7.A pilot may be released from an award or assignment only in extenuating circumstances by the Vice President, Flight Operations.
B.System Bids
1.Notification of a System Bid shall be communicated to pilots through the appropriate Flight Crew Information File (FCIF). Notification that an active System Bid exists shall be available through the Company’s appropriate electronic system (currently the PFC website).
2.The posting of a System Bid shall contain at least the following information:
a.For each crew position:
i.The Current Staffing Level;
ii.The Minimum Staffing Level; and
iii.The Maximum Staffing Level.
b.System seniority numbers of the most senior and the most junior pilots:
i.Currently awarded/assigned each crew position; and
ii.Currently activated in each crew position.
c.Dates and times on which the System Bid opens and closes.
d.To the extent known, information as to when training related to that System Bid is projected to begin, along with the anticipated training footprint for each ITU type, and anticipated range of monthly training throughput by crew position.
e.p.291 Required certificates for each crew position as described in Section 24.A.3.
f.Additional information as appropriate.
3.Each System Bid shall be published and remain available for bidding for a minimum of 14 days. A System Bid that includes crew positions at a new base (including FDAs) shall be published and remain available for bidding for a minimum of 28 days.
4.The Company shall publish at least one practice bid award between 7 days and 3 days prior to the closing of any System Bid. The results of a practice bid(s) shall be communicated to pilots through the Company’s appropriate electronic system (currently the PFC website) no later than 24 hours after the closing of the practice bid.
5.The published results of a System Bid (as provided in Section 24.C.1.) shall be available in the Company’s appropriate electronic system (currently the PFC website) for a minimum of 7 years.
6.A System Bid may not be amended after it is published, but its closing date may be extended after consultation with ALPA. The Company may, however, cancel any System Bid prior to its closing.
7.A System Bid must close, or be canceled, prior to the opening of another System Bid.
8.For the purposes of a System Bid, a pilot shall bid from the pilot’s currently awarded/assigned crew position. However, a pilot who is assigned from a crew position into which the pilot never activated and to a crew position in the same geographic location as the base associated with the pilot’s current crew position will not be eligible for the relocation benefits described in Section 6.A.2. (Assignment).
9.For the purposes of a System Bid, any award for an FDA pilot, who has not yet met the pilot’s applicable FDA commitment period when the System Bid closes, shall be a notional award.
10.For the purposes of a System Bid, any award/assignment for a pilot in pay only sick status when the System Bid closes shall be a notional award/assignment.
C.Bid Award/Assignment Procedure
1.The effective date of all awards/assignments shall be the closing of the applicable System Bid, regardless of when the awards/assignments are published. Within 10 days following the closing of a System Bid, the Company shall communicate the following to pilots through an FCIF:
a.Names, employee numbers and seniority numbers of pilots receiving an award or assignment and the crew position awarded or assigned;
b.Designation of any awards based on an Assignment Right of Return (ARR);
c.p.292 Anticipated start date for the first training start date in each crew position, along with anticipated range of monthly training throughput for each crew position (Example: 57CM- First TRN Start Date January, 2012- 6 to 12 per month); and
d.Miscellaneous additional information.
2.Except as provided in Section 24.C.2.e., the System Bid shall be processed in system-wide seniority order, as follows:
a.For each crew position for which the Dynamic Staffing Level is less than the Minimum Staffing Level, a pilot will be awarded/assigned such crew position according to the pilot’s standing bid.
b.Stand In Bid Award
For each crew position for which the Dynamic Staffing Level is equal to or greater than the published Minimum Staffing Level, but less than the Maximum Staffing Level, a pilot will be awarded such crew position according to the pilot’s standing bid, provided that:
i.The pilot’s currently awarded/assigned crew position is overstaffed (i.e., Dynamic > Maximum); and
ii.The pilot is senior to the most junior pilot (in the “TO” crew position) not subject to assignment.
c.For each crew position for which the Dynamic Staffing Level is greater than or equal to the Maximum Staffing Level (i.e., overstaffed, or staffed to its limit, respectively), the following will apply:
i.A pilot will be awarded as provided in Section 24.C.2.c.i.(b), or awarded/assigned as provided in Section 24.C.2.c.i.(a), such crew position, provided that the pilot is:
(a)Subject to assignment from the pilot’s currently awarded/ assigned crew position, and senior to the most junior pilot (in the “TO” position) not subject to assignment; or
(b)Senior to a pilot in the pilot’s currently awarded/assigned crew position who:
(1)is imminently subject to assignment, and
(2)has the seniority necessary to hold the (“TO”) crew position.
A crew position awarded pursuant to Section 24.C.2.c.i.(b) shall be considered a Stand In Bid Award
ii.A pilot who is subject to assignment, and who is not assigned in accordance with Sections 24.C.2.a., b., or c.i., will be assigned to a different crew position as follows:
(a)If the pilot has not listed a crew position on the pilot’s standing bid that the pilot can hold as provided in Section 24.C.2.c.i.(a), then the pilot will be assigned to the U.S.
p.293 based crew position with the highest pay rate that the pilot’s seniority will allow the pilot to hold, and in which the pilot would have the highest relative seniority, from among those crew positions whose Dynamic Staffing Level is less than the Maximum Staffing Level.
(b)If the pilot cannot hold any crew position as provided in Section 24.C.2.c.ii.(a), the pilot will be assigned to the most junior held, U.S.-based crew position regardless of the Maximum Staffing Level.
d.For any crew position that is less than the Minimum Staffing Level after the processing of the System Bid is complete, the Company may hire a pilot(s) up to the Minimum Staffing Level for that crew position from that System Bid.
e.Assignment Right of Return (ARR)
i.A pilot shall have a right of return to the crew position(s) from which the pilot was assigned, beginning upon the pilot’s activation date into the crew position to which the pilot was assigned, and ending 18 months thereafter.
ii.On each subsequent, open System Bid (following a pilot’s assignment) during the 18 month period, a pilot may exercise the pilot’s ARR by listing the applicable crew position(s) in the pilot’s standing bid above the pilot’s currently awarded/ assigned crew position, at 100%, until the pilot is no longer eligible for any ARR.
(a)If the pilot does not exercise an ARR for which the pilot is eligible, or the pilot is awarded a crew position which the pilot listed higher in the pilot’s standing bid than the applicable ARR crew position(s), the ARR is permanently forfeited.
(b)If a pilot elects to exercise an ARR, the crew position(s) from which the pilot was previously assigned shall be considered in seniority order among only other pilots exercising an ARR to that same crew position, prior to the consideration of any pilots without ARR eligibility, and provided that the Dynamic Staffing Level in that crew position(s) is less than the Maximum Staffing Level.
(1)If a System Bid results in a pilot being awarded an ARR crew position, the pilot’s ARR ends.
(2)If the pilot is not awarded the crew position via the exercise of an ARR, the pilot’s remaining standing bid shall be considered as otherwise provided in Section 24.C.2.
a.No pilot may be assigned to an FDA crew position unless the pilot includes the FDA crew position in the pilot’s standing bid in accordance with Section 24.C.2.c.i.(a). If no pilot on the Master Seniority List expresses a preference by standing bid for an FDA crew position, the Company may hire a pilot into it in accordance with Section 24.C.2.d.
b.All pilots awarded or assigned to an FDA are fully covered by all provisions of this Agreement.
c.A pilot awarded from an FDA, who has not yet met the pilot’s applicable FDA commitment period, shall receive a notional award and is not eligible to bid on training or base transfer activation (BTA) dates. The Company shall notify the pilot of an assigned training start or BTA date. Such date shall be at least 60 days after the date on which the Company’s notification was posted, and no later than 60 days beyond the fulfillment of the pilot’s minimum FDA commitment period. Exercise of this provision will not create any SDP entitlement for any pilot. Following notification, the date may not be changed without the consent of the pilot.
d.A pilot assigned from an FDA may elect to hold required training, or a base transfer activation (BTA), in abeyance until the fulfillment of the pilot’s minimum FDA commitment period, if any, provided the FDA is not being closed prior to the end of such commitment period. This election shall be by written notification to the Crew Staffing department within 10 days following the publication of the applicable System Bid results, as described in Section 24.C.1. If the pilot elects to hold the training or BTA in abeyance, the pilot will not be in the applicable pool for BTA or ITU bidding. The Company shall notify the pilot of an assigned training start or BTA date. Such date shall be at least 60 days after the date on which the Company’s notification was posted, and no later than 60 days beyond the fulfillment of the pilot’s minimum FDA commitment period. Exercise of this provision will not create any SDP entitlement for any pilot. Following notification, the date may not be changed without the consent of the pilot.
4.[Reserved]
5.A pilot released from the pilot’s currently awarded or assigned crew position in accordance with other provisions of this Agreement shall remain in the pilot’s current crew position. If the pilot’s current crew position is unavailable for reasons identified in Section 11.J.4., the pilot’s crew position shall be determined as provided in Section 11.J.5.
D.p.295 Training/Activation Procedures
1.Except for pilots who are not eligible to participate in a monthly training bid (or BTA bid), System Bids shall be trained (e.g., training slot awards/assignments, denials, BTA awards/assignments) to each crew position’s conclusion, prior to commencing any training in such crew position based upon a subsequent System Bid. Training Bids for two or more separate System Bids may run concurrent for one bid period, as training for the crew position from one System Bid concludes, and the training for the same crew position from another System Bid commences.
2.A pilot’s superseding award/assignment shall take precedence over the pilot’s prior award/assignment, if any, and the pilot’s training will correspond to that superseding award/assignment, unless the pilot’s current crew position is subject to Fleet Retirement and/or Base Closure, in which case the Company may require the pilot to activate first to the pilot’s prior award/assignment, and thereafter to the pilot’s superseding award/assignment as follows:
a.If the pilot could have held the superseding crew position on the System Bid from which the pilot’s prior award/assignment resulted, then the pilot shall immediately be eligible for training slot awards/ assignment from among currently available training slots.
b.If the pilot could not have held the superseding crew position on the System Bid from which the pilot’s prior award/assignment resulted, then the award/assignment of the pilot’s training slot for the superseding crew position shall be handled in accordance with Section 24.D.4.
3.Notwithstanding Section 24.D.2., a pilot who has already begun to train for the pilot’s prior award/assignment must activate prior to being awarded/assigned to a training or BTA date for the pilot’s superseding award.
4.Pilots who are awarded or assigned to a crew position on a System Bid and who require training shall be pooled in their (“TO”) crew position, and shall bid and be awarded training dates in their (“TO”) crew position in a Training Bid as follows:
a.At least 18 days prior to the closing of the monthly bid for First Officers, the Company shall electronically publish a Training Bid Package, which shall include at least the following:
i.Training start dates for all known training slots eligible to be bid upon and beginning in the applicable bid period;
Example: Prior to the opening of the monthly bid for the November bid period, the pilot shall be afforded the opportunity to bid for training that begins in the November bid period.
ii.p.296 The number of training slots available for each of the four training types (i.e., Initial/Transition/Upgrade (ITU), 24-Requal, 24-Downbid, and 24-Differences) for each training start date;
iii.A list of all eligible pilots who have yet to be awarded or assigned to a training slot, ordered by seniority number, including name, employee number, and minimum syllabus requirement; and
iv.A closing date for the Training Bid, which shall be at least 168 hours after its publication.
b.Awards, Denials, and Assignments of training slots shall be as follows:
i.A pilot desiring to begin training in the upcoming bid period, on any of the available dates listed, shall submit a training bid; if no training bid is submitted, the pilot is deemed to have not bid for any of those dates.
ii.Except as provided in Section 24.D.4.b.iii. through viii., pilots will be awarded to training slots in seniority order. Pilots requiring Initial, Transition, or Upgrade training may only bid for an ITU training slot (an ITU training slot is considered one training type). Pilots requiring only a 24-Requal may only bid for a 24-Requal training slot. Pilots requiring only a 24-Downbid may only bid for a 24-Downbid slot. Pilots requiring only 24-Differences training may only bid for a 24-Differences slot.
iii.A bid for a training slot that conflicts with a carryover trip, or carryover block of R-days, from the previous bid period, shall be deemed an invalid bid. A training slot conflicts with a carryover trip if there are less than 48 hours between the scheduled termination of the carryover trip (at the time of the Training Bid processing), and the beginning of the local base day (e.g., 0130 LBT) on which the training slot is scheduled to start. A training slot conflicts with a carryover block of R-days unless there are at least two local base days between the last scheduled carryover R-day, and the local base day on which the training slot is scheduled to start. This 48 hour buffer may not be waived.
iv.Denial of Training Slots
(a)The Company may choose to deny a pilot a training slot award, or bypass a pilot when inversely assigning training slots, because of:
(1)Staffing needs in the “FROM” crew position;
(2)Regulated age considerations;
(3)p.297 The Company’s desired syllabus type for a given training slot does not satisfy the pilot’s minimum required training syllabus type; or
(4)New hire training requirements.
(b)A pilot who is denied a training slot award shall be entitled to Slot Denial Payment(s) (SDP) in accordance with Section 24.E.
(c)The denied training slot shall be awarded to the next eligible, junior pilot(s) who bid for that slot, except when the pilot is also denied by operation of Section 24.D.4.b.iv.(a). If there are no remaining junior pilot(s), that training slot shall be considered unfilled.
v.For any training slots left unfilled in a training start date, the Company may assign those training slots in inverse seniority order, beginning with the most junior eligible pilot including new hire pilots, if any. A pilot inversely assigned to a training slot shall have a 48 hour duty free buffer prior to the beginning of the pilot’s training start date.
(a)Trips in conflict with the 48 hour duty free buffer shall be removed. The pilot shall earn trip guarantee for the trip, and shall be eligible for substitution for that portion of the trip’s footprint not in conflict with the 48 hour duty free buffer.
(b)R-days in conflict with the 48 hour duty free buffer shall be removed, and the credit hour value of such R-days shall be credited toward the pilot’s leveling and RLG.
vi.[Reserved]
vii.If a pilot is inversely assigned to a training slot as the result of a more junior, eligible pilot being bypassed as provided in Section 24.D.4.b.iv., the pilot shall be eligible for inverse SDP, in accordance with Section 24.E.8.
viii.If the Company elects not to inversely award a training slot, or an awarded/assigned training slot becomes vacant, the Company may use the slot to qualify a pilot who is otherwise available to fly but for the pilot’s lack of qualification, including but not limited to, pilots returning from leaves of absence, LTD, and pilots who have experienced training failures. If no such pilot exists, then the slot may be used to train new hires and/or Flight Training Personnel (e.g., Instructor Pilots, PCAs, non-pilot instructors). Thereafter, the Company may offer any remaining unused training slot(s) to pilots who do not have an awarded/assigned training slot (in seniority order among the p.298 pilots who bid for training that month, then among all remaining pilots who do not have an awarded/assigned training slot).
ix.The Training Bid awards, denials, and assignments shall be published no later than the opening of the monthly bid.
c.Pre-Bid Period Package Training Bid
If the Company desires to begin training prior to the Training Bid as provided in Section 24.D.4.a., the Company shall provide the ability for pilots to bid and be awarded training dates as follows:
i.The Company shall announce any Pre-Bid Period Package Training Bid via FCIF. The FCIF shall include:
(a)Training start dates that shall not begin less than 14 days after the close of the System Bid;
(b)The number of training slots available for each of the four training types (i.e., Initial/Transition/Upgrade, 24-Requal, 24-Downbid, and 24-Differences), for each training start date;
(c)A list of all pilots who have yet to be awarded/assigned a training start date, ordered by seniority number and including name, employee number, and minimum syllabus requirement; and
(d)A closing date for the Pre-Bid Period Package Training Bid, which shall be no less than 5 days after the date on which the FCIF is issued.
ii.The awarding (and any denial and/or assignment) of Pre-Bid Period Package training slots shall be the same as provided in Section 24.D.4.b.
5.Award/Assignment of Base Transfer Activation (BTA) Dates
Pilots who are awarded or assigned to a crew position on a System Bid but do not require training shall be pooled in their “TO” crew position.
a.Separate and apart from the Training Bid, the Company shall also conduct a single BTA bid (i.e., not monthly). Such bid will include a list of all available BTA dates applicable to the most recent System Bid’s awards/assignments, with the awarded/assigned BTA dates handled in accordance with Section 25.C.6.
b.Among pilots who submit a BTA bid with a sufficient number of choices, for each “TO” crew position, those will be awarded a BTA date in system seniority order.
c.Among pilots who submit a BTA bid with an insufficient number of choices, for each “TO” crew position, as well as those pilots who submit no BTA bid, they will be assigned BTA dates as follows:
i.p.299 For pilots who were awarded the crew position to which their base transfer applies, BTA dates will be assigned in seniority order, beginning with the first available BTA date from among those BTA dates remaining unawarded via the BTA bid.
ii.For pilots who were assigned the crew position to which their base transfer applies, BTA dates will be assigned in inverse seniority order, beginning with the first available BTA date from among those BTA dates remaining unawarded after the application of Section 24.D.5.c.i.
6.Training Slot or BTA Date Award/Assignments When Returning from Pay Only Sick
Training for a pilot who received a crew position award/assignment (whether notional or actual) on a System Bid, and who is returning from a pay only sick status, shall be handled as follows:
a.If the System Bid on which the pilot received the pilot’s crew position award/assignment has been trained to completion, the pilot shall be assigned to start training within 60 days of the pilot’s return from sick status.
b.If the System Bid on which the pilot received the pilot’s crew position award/assignment has not been trained to completion and if the pilot does not require full requalification training (i.e., training with a footprint similar to ITU) or 24-Requal in the pilot’s current crew position upon the pilot’s return from sick status, the pilot shall be eligible to bid for and/or be assigned to training dates (for the pilot’s awarded/assigned crew position).
c.If the System Bid on which the pilot received the pilot’s crew position award/assignment has not been trained to completion and if the pilot requires full requalification training (i.e., training with a footprint similar to ITU) in the pilot’s current crew position upon the pilot’s return from sick status, the pilot shall be assigned to start training for the pilot’s awarded/assigned crew position within 60 days of the pilot’s return from sick status.
d.If the System Bid on which the pilot received the pilot’s crew position award/assignment has not been trained to completion and if the pilot requires 24-Requal training in the pilot’s current crew position upon the pilot’s return from sick status:
i.the pilot will be assigned to start training for the pilot’s awarded/assigned crew position within 60 days of the pilot’s return from sick status if a junior pilot in the case of a crew position award (or a senior pilot in the case of a crew position assignment) has been awarded/assigned a training date.
ii.the pilot will be assigned to start 24-requal training within 60 days of the pilot’s return from sick status if a junior pilot in the p.300 case of a crew position award (or a senior pilot in the case of a crew position assignment) has not been awarded/assigned a training date. Such pilot shall be eligible to bid for and/or be assigned to training dates (for the pilot’s awarded/assigned crew position) following completion of the pilot’s 24-Requal training.
e.If the pilot’s crew position award/assignment requires a BTA but the pilot requires requalification training in the pilot’s current crew position, the pilot will be assigned to start requalification training within 60 days of the pilot’s return from sick status. The pilot’s BTA shall be effective on the first day of the first full bid period following the completion of requalification training.
If the pilot’s crew position award/assignment requires a BTA but the pilot does not require requalification training in the pilot’s current crew position, the pilot’s BTA shall be effective on the first day of the first full bid period following the pilot’s return from sick status.
7.Denial of Training Slots Due to Regulated Age
a.The Company may deny a training slot award to a pilot who is within 24 months of the regulated age, as of the training start date associated with the slot the pilot would otherwise have been awarded.
b.The Company may bypass a pilot for a training slot assignment if that pilot is within 24 months of the regulated age, as of the training start date associated with the slot the pilot would otherwise have been assigned.
c.No later than the close of the applicable Training Bid, the Company shall post a notification to any pilot who is denied a training slot award due to regulated age. The denied pilot shall not appear on subsequent Training Bids under Section 24.D.4.a.iii. or D.4.c.i.(c).
d.A pilot denied a training slot award in accordance with Section 24.D.7.a., and whose crew position award was not the result of a down/lateral bid, will be eligible for Regulated Age SDP as provided in Section 24.E.3.
e.If the regulated age is raised after a pilot has been denied a training slot in accordance with Section 24.D.7.a., and as a result the pilot’s age is no longer within 24 months of the new regulated age (measured using the same standard as in Section 24.D.7.a.), the pilot shall elect to either:
i.Forgo the award, in which case the pilot’s eligibility for Regulated Age SDP shall cease immediately (i.e., no SDP will be paid to the pilot after the date on which the pilot makes this election); or
ii.Enter into the Training Bid procedures as provided in Section 24.D.4.a. and b.
f.p.301 Once a pilot is eligible for Regulated Age SDP based on the highest Captain hourly rate, the pilot will not, on subsequent System Bids, be awarded any crew positions that are also restricted by regulated age, except as provided in Section 24.D.7.g.
g.A pilot who is eligible for Regulated Age SDP shall participate in subsequent System Bids if the Maximum Staffing Level in the pilot’s currently awarded crew position is lower than its Current Staffing Level. In such case, the pilot may be awarded or assigned a new crew position by operation of Section 24.C. That pilot may become eligible for Regulated Age SDP (for the pilot’s newly awarded or assigned crew position) by operation of Section 24.D.7.
h.A pilot who is eligible for Regulated Age SDP may be assigned to a training date for the crew position upon which the pilot’s Regulated Age SDP is based, if the pilot can no longer hold the pilot’s current crew position.
E.Slot Denial Payment (SDP)
1.If a pilot is denied a training slot as provided in Section 24.D.4.b.iv.(a) or D.4.c.ii., the pilot will be entitled to a Slot Denial Payment (SDP). The SDP shall correspond to the bid period containing the denied training slot award, and each subsequent bid period, except as provided below.
2.A pilot who is denied a training slot, but who is awarded or assigned to another training slot beginning in the same bid period as that in which the denied slot begins, shall be entitled to only one SDP (i.e., SDP does not continue into any subsequent bid periods).
3.A pilot who is denied a training slot award pursuant to Section 24.D.7.d. (Regulated Age), shall be entitled to SDP in accordance with Section 24.E.1. The pilot shall continue to receive the applicable SDP through the month in which the pilot starts training, resulting from a subsequent System Bid, in which the pilot was not denied a training slot award due to the pilot’s regulated age.
4.In subsequent bid period(s), if a pilot (except for a pilot described by Section 24.E.2. or 3.):
a.does not bid for a training slot to begin ITU training during that bid period(s), and the pilot would have been awarded a training slot, the pilot shall not be entitled to an SDP for that bid period(s); or
b.is not an Eligible Pilot (for Training/BTA Bid), the pilot shall not be entitled to an SDP for that bid period(s).
5.The SDP shall be paid in the monthly payroll cycle as described in Section 3.E.1.
6.Only one pilot will be eligible for continuous SDP, per training slot. However, there may also be a single SDP associated with that same training slot, as provided in Section 24.E.2.
7.p.302 Slot Denial Payment (SDP) shall be paid in the following dollar amounts:
| CURRENT CREW POSITION | DENIED TRAINING DATE AWARD | COMPENSATION |
|---|---|---|
| NB FO | WB FO | $4,908 |
| NB CA | $9,816 | |
| WB CA | $14,724 | |
| WB FO | NB CA | $5,726 |
| WB CA | $10,634 | |
| NB CA | WB CA | $4,908 |
| Lateral and “Single”* | Any | $750 |
* ”Single” refers to 24.E.2., i.e. not the “continuous” SDP.
8.Inverse SDP shall be paid once (i.e., is not a “continuing” payment), in the following dollar amounts:
| CURRENT CREW POSITION | INVERSED TO TRAINING FOR: | COMPENSATION |
|---|---|---|
| WB FO | NB FO | $14,724 |
| NB CA | $29,448 | |
| WB CA | $44,172 | |
| NB CA | WB FO | $17,178 |
| WB CA | $31,902 | |
| WB CA | NB CA | $14,724 |
| Any | Lateral or “Up” | $2,250 |
* Chart values in Paragraphs 24.E.7. and 8. (other than “Lateral or Up” or “Singles”) increase commensurate with hourly rate increases, beginning with the first hourly rate increase beyond November 2, 2015.
9.Except as provided in 24.E.3. and 4., SDP shall cease on the earlier of a pilot’s:
a.training commencement month;
b.award/assignment to a different crew position than that from which the SDP resulted;
c.withdrawal from training; or
d.unavailability for the pilot’s subsequently awarded training slot.
10.Repayment of SDP and Inverse SDP, from pilots who do not activate in the crew position for which the SDP or Inverse SDP was paid, shall be exclusively limited to withdrawals from training (other than withdrawals accomplished in accordance with Section 11.J.2.a.).
F.p.303 Other Crew Position Award Procedures
1.Down/Lateral Bid Award Restrictions
A pilot may receive a crew position award, based on a down/lateral bid, provided that the pilot:
a.is bidding to an FDA;
b.is returning from an FDA after fulfilling the pilot’s commitment period;
c.is bidding to a new aircraft within the first 24 months following the closing date of the first System Bid that included awards/assignments in that new aircraft;
d.can no longer hold the pilot’s crew status due to legal restrictions; or
e.has been activated in the pilot’s current crew status for at least (unless waived by the Vice President, Flight Operations):
i.24 months, if this will be the pilot’s first awarded crew position based on a down/lateral bid;
ii.36 months, if this will be the pilot’s second or third awarded crew position based on a down/lateral bid;
iii.60 months, if this will be the pilot’s fourth or subsequently awarded crew position based on a down/lateral bid.
Note: At the date of implementation of the new System Bid system, pilots will be considered to have zero DLBA awards (i.e., the first DLBA will be measured at the close of the first “new” System Bid).
2.For the purposes of Section 24.F.1.e., previous down/lateral awards pursuant to Sections 24.F.1.a., b., or d. shall not be considered.
3.Bidding Restrictions on Subsequent System Bids
During the time a pilot is in ITU training, the pilot shall not be awarded a crew status that the pilot could have been awarded on the System Bid containing the crew position for which the pilot presently is in training, or on a subsequent System Bid that closed prior to the start of the pilot’s training.
4.[Reserved]
5.[Reserved]
6.New Hire Crew Positions
a.As part of the hiring process, the Company may pre-assign initial crew positions for individual new hire pilots who accept an FDA crew position. During the pilot’s initial new hire training, each pilot not pre-assigned a crew position shall be presented with appropriate information regarding crew positions available for bid. The initial crew position, for a new hire pilot not pre-assigned an initial crew position, shall be determined by the pilot’s standing bid and seniority.
b.p.304 If the Company hires fewer pilots than are needed to fill all crew positions up to the Minimum Staffing Level, the Company may designate the crew positions to be made available for bidding by only the affected new hire pilots in accordance with Section 24.F.6.a.
c.If the Company subsequently hires additional pilots to fill crew positions remaining unfilled from a System Bid, the remaining unfilled crew positions shall first be available for award to the pilots previously hired to fill positions from that System Bid, based upon their seniority and initial standing bid; provided, however, that this paragraph shall not permit a new hire pilot to change the pilot’s initial crew status.
d.If, through the application of Section 24.F.6.c., a junior pilot is activated into a higher paying crew position for which a senior pilot(s) did not have the opportunity to bid, the eligible senior pilot(s) shall be eligible for New Hire Junior Activation Compensation.
e.If a new hire pilot changes the pilot’s initial crew position pursuant to Section 24.F.6.c., the Company shall activate the pilot at the pilot’s new base consistent with the Company’s staffing requirements.
f.Except as provided in Section 6.E.1.c., a new hire pilot shall not become entitled to a relocation package pursuant to Section 6 as a result of the application of this paragraph.
7.New Hire Junior Activation Compensation due in accordance with Section 24.F.6.d. shall (for the senior pilot):
a.be equal to the hourly rate of pay for the crew position in which a junior pilot is activated; and
b.begin on the date that a junior pilot, from the same or subsequent System Bid, activates into the crew position with the higher hourly rate of pay; and
c.continue until the earlier of:
i.the pilot’s activation into a new, subsequently awarded or assigned crew position with a rate of pay the same or higher than the pilot’s New Hire Junior Activation Compensation;
ii.the pilot’s withdrawal or removal from training for a subsequently awarded or assigned crew position with a rate of pay the same or higher than the pilot’s New Hire Junior Activation Compensation;
iii.the date the pilot incurs a training cycle failure for a subsequently awarded or assigned crew position with a rate of pay the same or higher than the pilot’s New Hire Junior Activation Compensation;
iv.p.305 the date as of which all available pilots have completed training (i.e., activated) for the pilot’s new, subsequently awarded or assigned crew position, from the same System Bid, with a rate of pay the same or higher than the pilot’s New Hire Junior Activation Compensation;
v.the date as of which there are no longer any junior pilots activated in the crew position that generated the pilot’s New Hire Junior Activation Compensation eligibility;
vi.the date the last junior pilot(s) would no longer have been activated in the crew position that generated the pilot’s New Hire Junior Activation Compensation eligibility, but for the junior pilot’s unavailability (e.g., owing to leave of absence, sick leave), if such junior pilot was awarded or assigned another crew position on a subsequent System Bid. That date shall be the date on which the last available, junior pilot is no longer activated in the crew position that generated the Junior Activation Compensation eligibility;
vii.the date the next most senior available pilot (compared with the junior pilot identified in Section 24.F.7.c.vi.) is no longer activated in, or would no longer have been (if the standard in Section 24.F.7.c.vi. is applied) activated in, the crew position that generated the New Hire Junior Activation Compensation, if the junior pilot was not awarded a crew position on that subsequent System Bid (e.g., the junior pilot was on leave when the System Bid closed);
viii.the pilot’s award, on a subsequent System Bid, to another crew position with the same or lower rate of pay than the pilot’s currently awarded crew position; or
ix.the pilot’s failure to bid, at 100%, a crew position that the pilot could have been awarded, with a rate of pay the same or higher than the New Hire Junior Activation Compensation.
8.Repayment to the Company of New Hire Junior Activation Compensation paid in accordance with Section 24.F.6.d., from pilots who do not activate in the crew position that generated the New Hire Junior Activation Compensation, shall be exclusively limited to situations in which the pilot:
a.withdrew from training, before or after such training began, for a subsequently awarded or assigned crew position with a rate of pay the same or higher than the pilot’s New Hire Junior Activation Compensation, other than as provided in Section 11.J.2.a.; or
b.[Reserved]
c.p.306 in a subsequent System Bid, received an award to a crew position with an hourly rate of pay lower than the pilot’s currently awarded crew position; or
d.incurs a training cycle failure.
9.If a pilot entitled to New Hire Junior Activation Compensation in accordance with Section 24.F.6.d. requires additional training, the pilot’s New Hire Junior Activation Compensation shall not accrue during the delay in training caused by the pilot’s performance.
10.A pilot who has a legal restriction that prohibits the pilot from flying in the pilot’s current crew status shall be accommodated in another crew status, if any, from which the pilot is not legally restricted consistent with the pilot’s seniority and standing bid.
G.Certain Captain-Qualified Instructor Pilots/Check Airmen
The activation of an Instructor Pilot/Check Airman, who is already qualified in the Captain crew status to which the pilot now holds an actual (nonnotional) award, shall be as follows:
1.Such Instructor Pilot/Check Airman shall bid for ITU training slots along with all others awarded/assigned to the crew status;
2.For a bid period in which the Instructor Pilot/Check Airman would have begun training, the pilot will be removed from the ITU training slot, and the Training Bid award will be re-run; and
3.The pilot will then be activated on the first day of the bid period following that bid period in which the pilot’s training would have begun (pursuant to Section 24.G.2.), had the pilot required it.
H.Ongoing Implementation Measures
1.The parties recognize that the matters governed by Section 24 are complicated and that this new Section 24 requires significant changes to existing systems and practices. As a result, the parties foresee that flexibility will be required in order to ensure the smoothest possible transition to the new Section 24 rules. To that end, during the Transition Period, measures facilitating the implementation, operation, and/ or administration of the provisions in Section 24 may be implemented if agreed upon in writing by the Vice President, Labor Relations and the Association’s MEC Chairman.
2.The Transition Period shall begin on the date the first System Bid conducted pursuant to Section 24.B. is posted and shall end 60 days after the second System Bid conducted pursuant to Section 24.B. has been trained to completion. In no event, however, shall the Transition Period be less than 18 months or greater than 30 months in duration.
Section 25: Scheduling
A.p.307 General
1.A bid period shall be either 4 weeks (28 days), 5 weeks (35 days), or 6 weeks (42 days; and with the consent of the Association’s MEC Chairman) in duration, as determined by the Company and shall be uniform system wide. Bid periods shall begin on Sunday or Monday.
2.The Company shall not change the start time of any local base day, except EUR, to any start time other than 0130 LBT without the consent of the Association. The Company shall not change the start time of the local EUR base day to any start time other than 0215 LBT without the consent of the Association.
3.All trips known and confirmed at the time a bid period package is published shall appear in the bid period package. To the extent reasonably practical, such trips shall be built into regular lines.
4.Unless waived by the SIG, at least 80% of all known reserve days, by crew position, shall be built into reserve lines published in the bid period package; however, all known R-24 blocks shall be built into reserve lines published in the bid period package. Remaining reserve days will be made available as reserve blocks, in the View/Add window, and Secondary Working Window (SWW).
5.Days off are local base days scheduled free from duty at a pilot’s base.
6.Trips published in a bid period package that subsequently become available as open time shall remain in the same base during the bid period. Flying not published in a bid period package, including newly constructed trips as described in Section 25.G.5. (certain open time assignments), may be assigned by the Company to any base.
7.A pilot shall be provided access to the Company’s computer systems and data in order to view:
a.all bid awards and trips;
b.information related to open time as follows:
i.for trip assignment and trading, all open time in the current bid period (and in the next bid period after open time is released) shall be visible in “real time,” except during periods when:
(a)the daily assignment process is taking place;
(b)the system(s) is paused to allow manual processing functions; or
(c)the system(s) affecting open time administration is not running due to system maintenance, upgrades, significant operational disruptions, etc. Within 1 hour of the p.308 beginning of the pause, due to a significant operational disruption, the Company shall notify the affected pilots through a system generated announcement on the main pilot interface page (currently PFC) and BLA submission pages (e.g., Trade with Open Time Submission, Trip Specific Open Time Submission), of the reason, and the beginning and anticipated end of the pause. The Company shall notify the affected pilots through a system generated announcement on the same pages at least 1 hour prior to the end of the pause.
ii.in crew positions for which trip assignment or trading automation is not functioning, trip pairings more than 40.5 hours prior to showtime shall be visible to pilots accessing the open time interface;
iii.a trip(s) may be frozen to allow assignment by CRS. When a trip is frozen, it will be visible, but displayed in a manner indicating that it is available only to CRS.
c.the pilot’s own work schedule and pay status, including for a pilot’s activities, the “As Awarded/Assigned,” “Block Out,” and “As Flown” versions for at least 365 days from the end of the activity;
d.the instances in which reserve coverage exceeds or meets forecast reserve demand (i.e., “green” or “yellow” status) for the pilot’s crew position, by date, duration, and reserve period (RP);
e.other reserve information as provided in Section 25.A.8.; and
f.another pilot’s schedule, as long as the other pilot has opened the pilot’s schedule to access.
8.The Company’s computer system shall allow pilots to view:
a.the list of pilots arranged in leveling order by reserve period.
b.the available remaining block days of reserve for each pilot on the list.
c.the leveling hours of each listed pilot.
d.the accrued RLG hours for the bid period for each pilot.
e.the current activity or general availability/unavailability status of other reserves.
f.the assignment of utilized reserves.
g.special qualifications or restrictions attendant to a particular reserve.
h.the names of pilots on the reserve list unless the pilot has not opened the pilot’s schedule to access.
9.[Reserved]
10.p.309 A trip will not be scheduled with any crew composition changes (i.e., basic, or augmented) during any duty period. An operational change of crew composition during a duty period shall not extend a pilot’s block hour or on-duty limitations.
B.Bid Period Package
1.The Company shall publish (electronically or otherwise, as provided in Section 25.B.3.) a bid period package for each base and, as necessary, a bid period supplemental package. At least one of these packages shall contain, at a minimum, the following information, current as of the publication date:
a.Trips that are known and confirmed as of the date the bid period package is published;
b.A base seniority list for the bid period package;
c.A list of vacations, with names and dates, scheduled for the current and the first week of the next bid period; the entire next month’s vacation schedule shall be available electronically;
d.A list of pilots eligible to bid for recurrent training;
e.Dates and times available for recurrent training;
f.VIPS telephone information;
g.Pilots bidding for pay only;
h.Hotel, travel, layover and communications updates;
i.Sweep aircraft information;
j.SIBA/SBA bidding information;
k.A calendar containing bidding dates and times for the current and subsequent bid period;
l.Standard miscellaneous forms pertaining to bidding and related matters;
m.Scheduled field (airport and hotel) standby, and base (airport and hotel) standby, if applicable;
n.Average days off for lines in that bid period;
o.A list of Captains and First Officers who have not yet consolidated in their current crew status; and
p.Identification of lines in the top 50% of that bid period package’s lines, in terms of scheduled block hours, for the purpose of Section 25.C.10.a.
2.The bid period package shall list the following line bidding choices:
a.Regular lines;
b.Secondary lines; and
c.Reserve lines.
3.p.310 Bid period packages shall be published between 23 and 25 days prior to the beginning of the bid period. The bid period package will be published by electronic means only.
4.If, due to additional pilots activating in a position after the bid period package is published but before the bid is awarded, an insufficient number of lines have been published, the required number of secondary lines shall be increased to accommodate the additional pilots.
C.Bidding Procedures (Monthly)
1.Bid(s) shall be entered through VIPS. If access to VIPS is not available, a pilot may enter the pilot’s bids by other Company approved means, in writing if possible.
2.A pilot may complete a standing monthly bid in a format designated by the Company. A pilot may update the pilot’s standing monthly bid at any time. If a pilot does not enter a bid for the bid period, or enters an insufficient number of bid choices, the pilot shall be awarded a line based on the pilot’s standing monthly bid.
3.If a pilot does not bid, fails to enter a sufficient number of bid choices, and either does not have a standing monthly bid or has a standing monthly bid with an insufficient number of choices, the pilot shall be awarded a line by seniority order, and by numerical order of remaining lines, lowest number first after all pilots entering bids have been processed.
4.Bidding for Captains shall close at 1200 CT on the 4th day following the publication of the bid period package, unless the bid package is published late due to unforeseen circumstances, in which case the Captains’ bids shall close 72 hours after publication of the bid package. In any event, Captains’ bids shall close between 21 and 17 days prior to the commencement of the new bid period. First Officer bids shall close at 0700 CT on the 2nd day following the close of the Captains’ bid, but in no case less than 16 hours after the Student Lines are published. Bids shall be awarded in order of seniority within each crew position based upon bids received as of 1200 CT on such date for Captains and 0700 CT for First Officers.
5.FAR Experience Bidding Limitations
a.A First Officer shall not be awarded a regular line which, at the time of bid awards, would result in a violation of the FAR related to experience requirements (FAR 121.434, regarding minimum experience for Captain/First Officer combinations). In such case, the First Officer shall be awarded the pilot’s next choice for which the pilot is legal.
b.If any First Officer regular line cannot be awarded through the normal bid award process due to FAR experience requirements, such p.311 line shall be assigned to the most junior First Officer who is legal for the assignment.
c.If a pilot is awarded a regular line that would result in a violation of any FAR related to flight time limitations (e.g., FAR 121.471, 121.483, 121.485, 121.487), and there are multiple trips from which to choose which, if removed, would resolve the FAR conflict, the trip(s) with the lowest CH value shall be dropped as a phase-in conflict.
6.A pilot may only be awarded a line, for flying purposes, for the crew position (i.e., domicile, aircraft, seat) in which the pilot is currently activated and qualified at the time of bid closing. However, a pilot changing domiciles in the same crew status (i.e., aircraft, seat) shall bid and be awarded a line in the pilot’s new crew position prior to the pilot’s activation into that new crew position. Such pilot’s activation date shall be the first day of a bid period, or if operating a carryover trip, at the conclusion of such trip. If a pilot is activated but not qualified in the pilot’s crew position at the time of bid closing, the pilot shall be assigned a custom line as provided in Section 25.I.
7.A pilot in active pay status who is projected to be unavailable for line flying in the pilot’s current crew position for an entire bid period (e.g., due to training, Association business status or sick leave) shall bid a line for pay only.
a.A pilot awarded a secondary line in pay only status shall not be eligible for secondary line construction and shall be compensated the average bid period BLG for regular lines for the pilot’s crew position.
b.[Reserved]
c.A bid line shall not be awarded to more than one pay only pilot.
8.If no bid period package is published for a crew position due to the absence of known and confirmed flying in such crew position, pilots holding such crew position shall not be awarded lines for the bid period and shall be paid the average scheduled BLG for regular lines, system-wide.
9.First Officers may submit to be awarded a line with designated Captains. Such submissions shall be accommodated to the extent permitted by this Agreement.
10.Following the first full bid period after activation in which the pilot did not have a custom line, if a non-consolidated pilot is, at bid closing, not projected by the Company to be on-track for timely consolidation (using one projected-accrued block hour per remaining non-extension consolidation day), the pilot’s monthly schedule awards may be restricted as follows:
a.p.312 awarded a regular line, provided that it includes at least 30 scheduled block hours, or is in the top 50% of lines in that base in terms of scheduled block hours; or
b.awarded a secondary line, with bidding preferences/priority as determined by the SIG/SLRWG; the pilot may not voluntarily use, toward the pilot’s secondary line construction, standby trips, reserve blocks, or relief flight officer trips; or
c.awarded a reserve line, only if the pilot cannot be awarded a regular or secondary line by seniority.
11.Bid awards shall be available on VIPS by 1700 CT on the date the monthly bid closes for Captains, and 1200 CT on the date the monthly bid closes for First Officers. Publication of secondary lines shall be available on VIPS by 1200 LBT not later than 5 days prior to the beginning of the bid period for Captains, and not later than 4 days prior to the beginning of the bid period for First Officers. When the SWW ends on a Company holiday, publication of secondary lines shall be available on VIPS by 1700 LBT not later than 5 days prior to the beginning of the bid period for Captains, and not later than 4 days prior to the beginning of the bid period for First Officers.
12.Bidding of Recurrent Training
The awarding of a recurrent training session shall be as follows:
a.A pilot scheduled for recurrent training in the following bid period shall bid for a recurrent training session during the Bid Period Processing Conflict Input Window as provided in Section 25.E.2.
b.Bids shall be awarded during the Conflict Processing Window as described in Section 25.E.3., and a pilot shall be notified of the award prior to the opening of the View/Add Window as described in Section 25.E.4.
c.Recurrent training bids shall be awarded by seniority, provided, however, that a pilot shall not be awarded a recurrent training session in conflict with any other known absence (e.g., vacation period, leave of absence) or carry-out activities from the previous bid period (e.g., carry-out trip or R-days). If a pilot bids a recurrent training session in conflict with a vacation buffer, that buffer will be deemed waived. Conflicts between recurrent training and vacation will be determined based upon the vacation period as awarded, or as adjusted in the Conflict Input Window as provided in Section 25.E.2.b.
d.If a pilot cannot be awarded a recurrent training session based on the pilot’s seniority as provided in Section 25.C.12.c., the following shall apply:
i.p.313 The assignment of the pilot’s recurrent training shall be done after the award of all recurrent training slots that could be awarded based on seniority.
ii.The pilot shall be assigned recurrent training avoiding conflicts if possible. If recurrent training must be assigned in conflict with a trip(s) or R-day block (other than a carry-out trip or R-day(s), which will not be conflicted with under this paragraph), those conflicts shall be handled as provided in Section 25.C.12.f.
iii.If it is not possible to assign such pilot to a recurrent training session without conflicting with a known absence (e.g., vacation period, leave of absence, carry-out activities), the following shall apply:
(a)if the pilot is not in the pilot’s grace month, then recurrent training will be deferred until the next bid period.
(b)if the pilot is in the pilot’s grace month, then upon completion of the bid period processing, the Training Department will coordinate the pilot’s recurrent training assignment and any conflicts will be handled as provided in Section 25.H.
[Application Note: In certain pre and grace month situations, overlaps between calendar months and bid periods may restrict the recurrent training slots for which a pilot is eligible.]
e.The available sessions for First Officers may be modified (i.e., “rebalanced”), prior to awards based on the sessions awarded to pilots in higher seat positions (e.g., rebalancing of First Officer available sessions will be based on Captains’ awards).
f.Following the award during the Conflict Processing Window, a trip or block of R-days in conflict with the recurrent training session award shall be treated as a phase-in conflict as provided in Section 25.F. (e.g., the trip or R-day block shall be dropped and be eligible for make-up under the CIA assignment code), with the pilot having the ability to enter bids during the following View/Add Window. If a recurrent training session award conflicts with any portion of a block of R-days, the entire block shall be dropped as a phase-in conflict and the pilot shall not be responsible for any of the R-days in that block.
13.Student Lines
a.To facilitate the scheduling of operating experience, specific regular lines awarded to LCAs may be designated as student lines.
i.p.314 The number of student lines shall not exceed 40% of the total number of LCAs bidding in a non-pay only status per bid pack, but in any event the Company may designate at least one such line per bid pack.
ii.For the purposes of Section 25.C.13., “LCA” refers strictly to “pure” LCAs. It does not include Dual Qualified Check Airmen (DCAs) or Standards Check Airmen (SCAs).
b.First Officers
i.First Officers shall have an option during the monthly bid to opt out of receiving a student line. A pilot who opts-out shall be treated as if the pilot had not bid the student line and shall be awarded that pilot’s next choice.
ii.First Officers awarded student lines shall be treated as follows:
(a)During the Conflict Processing Window, following the resolution of all phase-in conflicts, any remaining trips will be removed in their entirety in accordance with Section 25.U.2.
(b)During the View/Add Window, the pilot shall have the ability to designate the extent, if any, to which the CH associated with the removed Section 25.U.2. trips shall be SMU eligible CHs. If the pilot designates CHs as SMU, the pilot will be then eligible to bid for activities during the View/Add Window with the SMU status (and the pilot’s BLG shall be reduced by the CH designated as SMU);
(c)Trips awarded in SMU status shall earn trip guarantee upon assignment and be compensated at 125% of the pilot’s normal pay rate;
(d)R-day value for R-days awarded in SMU status shall be compensated at 125% of the pilot’s normal pay rate; and
(e)A SMU bank shall be established for remaining SMU CH following the posting of the View/Add Results.
D.Bid Line Categories and Construction
1.Regular Lines
a.Regular lines shall be constructed solely of trips and days off.
b.Regular lines shall be constructed with a maximum of 313 hours TAFB in a 4 week bid period, and 390 hours TAFB in a 5 week bid period, and 470 hours TAFB in a 6 week bid period. A single trip in a 6 week bid period shall not exceed 390 TAFB. Regular lines will only be constructed with a maximum of 15 work days in a 4 week bid period, 19 work days in a 5 week bid period, and 23 work days in a 6 week bid period.
c.p.315 Regular lines in a 4 week bid period shall contain at least 1 block of 4 consecutive days off, 1 block of 3 consecutive days off and 1 block of 2 consecutive days off. Blocks of days off may be combined.
d.Regular lines in a 5 week bid period shall contain at least 1 block of 4 consecutive days off, 2 blocks of 3 consecutive days off and 1 block of 2 consecutive days off. Blocks of days off may be combined.
e.Regular lines in a 6 week bid period shall contain at least 1 block of 4 consecutive days off, 3 blocks of 3 consecutive days off, and 1 block of 2 consecutive days off. Blocks of days off may be combined.
f.Regular lines shall be constructed so that the difference between the high BLG and low BLG in a bid period package shall not exceed 13 CH.
2.Secondary Line Construction
a.A sufficient number of secondary lines shall be published to cover trips and reserve blocks anticipated to be dropped from regular and reserve lines, and other remaining open trips, reserve blocks, and base simulator support events.
b.Secondary lines shall be constructed in seniority order during the Secondary Working Window (SWW), as provided in Section 25.E.
c.For purposes of secondary line construction, an R-day does not conflict with another scheduled activity if there is at least 12 hours between the reserve period (RP) and the scheduled activity.
d.Secondary lines may be constructed using trips, base simulator support events (as provided in Section 25.L.15.), reserve blocks, or combinations of the three; however:
i.a secondary line containing multiple reserve blocks shall contain at least one day off between them;
ii.a secondary line containing a reserve block prior to a trip shall contain at least:
(a)24 hours off (measured from the end of the last RP to the scheduled showtime of the trip), if the pilot preferenced a mixed line that includes a combination of trips and R-days that exceeds 6 consecutive days without a 24 consecutive hour period off; or
(b)12 hours off (measured from the end of the last RP to the scheduled showtime of the trip), if the pilot did not preference a mixed line that exceeds 6 consecutive days without a 24 consecutive hour period off.
iii.p.316 a secondary line containing a trip prior to a reserve block shall contain at least:
(a)24 hours off (measured from the end of the trip’s scheduled duty period to the beginning of the first RP), if the pilot preferenced a mixed line that exceeds 6 consecutive days without a 24 consecutive hour period off; or
(b)12 hours off (measured from the end of the trip’s scheduled duty period to the beginning of the first RP), if the pilot did not preference a mixed line that exceeds 6 consecutive days without a 24 consecutive hour period off.
iv.A secondary line shall not contain a base simulator support event unless the pilot has preferenced it.
e.After the close of the View/Add window, and based on remaining open time and reserve blocks, the Company shall publish a high, low, and target secondary line BLG for each crew position. These high/low/target BLGs:
i.Do not apply to trips available in open time for secondary line construction which, by themselves and without regard to carry-in CH, exceed the high secondary line BLG; and
ii.Shall otherwise conform to the line spread provisions of Section 4.E.1.d.
f.Secondary line construction shall be consistent with the provisions of this Agreement, and the parameters established by the SIG and/or Secondary Line Replacement Working Group (SLR- WG).
g.Carryover CH will not be part of the BLG/RLG for a secondary line except as provided in Section 25.E.4.b.iii. If it is not possible to build a secondary line within the line spread without creating a conflict, then the line will be built below the spread. In such case, the difference between that secondary line’s BLG/RLG, and the applicable crew position’s regular line average BLG shall be eligible for Priority Non-Premium (PNP) make-up.
h.Secondary line construction inputs and preferences shall be entered/updated via VIPS or another secondary line interface, as applicable. If access to VIPS or other interface is not available, a pilot may enter the pilot’s inputs and preferences by other jointly approved means, in writing if possible.
i.A pilot may enter standing monthly secondary line preferences, which may be updated at any time. If a secondary line awardee does not enter any specific preferences for the bid period, or enters insufficient preferences, the pilot’s secondary line shall be p.317 constructed respecting secondary line default preferences, as agreed upon by the SIG/SLRWG.
j.If a pilot enters no preferences, and does not have a standing monthly bid, the pilot shall be awarded a bid period schedule based on the default bid for the pilot’s crew position.
k.A secondary line awardee may make other elections, during the first 48 hours of the Secondary Working Window (SWW), as provided in Section 25.E.6.b.
l.The Company shall make available a reasons report to help explain each secondary line awardee’s final awarded schedule.
a.A reserve line consists entirely of R-days and days off.
b.In a 4 week bid period, a published reserve line shall contain a maximum of 15 R-days. In a 5 week bid period, a reserve line shall contain a maximum of 19 R-days. In a 6 week bid period, a reserve line shall contain a maximum of 23 R-days.
c.In the top 90% of published reserve lines, R-days shall be grouped into a block(s) with a minimum of 4 R-days. Other reserve lines shall have block(s) with a minimum of 3 R-days; provided, however, that reserve lines that contain blocks of 3 R-days shall not contain any R-days on weekends.
d.A published reserve line may be constructed with an additional R-day(s) that carries over into the following bid period.
e.Among published reserve lines in each bid period package, there shall be a minimum of 20% R-24 lines with a minimum of one R-24 line (described in Section 25.M.2.), a minimum of 20% of non R-24 lines in MEM shall have a R-3 report status, and a minimum of 20% of non R-24 lines in IND shall have a R-3 report status. The Company and the SIG shall coordinate to establish a percentage of R-24 lines by bid period package, and this percentage shall be reevaluated on a quarterly basis.
E.Bid Period Processing
1.Monthly Bid
In addition to line preferences, a pilot’s monthly bid shall have the ability to contain the following:
a.Election of minimum days off protection;
b.Opt out of Student Lines for First Officers;
c.Waiver of an international duty free buffer to avoid a phase-in conflict or a conflict with recurrent training; and
d.Waiver of 1-in-10 (Section 12.C.1.c.) to avoid phase-in conflict.
2.p.318 Bid Period Processing Conflict Input Window
The bid period processing conflict input window shall not be less than 48 hours beginning 5 hours following the close of the monthly bid. A pilot may enter the following via VIPS:
a.Worksheet for minimum days off protection as provided in Section 25.F.7.;
b.Submissions for vacation adjustments (including waiver of vacation buffer for a secondary or reserve line) as provided in Section 7.E.2. and 3., and Section 7.G.3. and 4.;
c.[Reserved]
d.Bids for recurrent training sessions following the completion and viewing of vacation adjustments and waivers, if any;
e.[Reserved]
f.Submission to drop carryover trips under 72 hours TAFB as provided in Section 25.F.3.a.; and
g.Worksheet for reserve vacation line.
3.Conflict Processing Window
The Conflict Processing Window is a period of not less than 5 hours, beginning when the Bid Period Processing Conflict Input Window closes. Within the Conflict Processing Window, recurrent training sessions will be awarded after all other conflicts, except those due to minimum day off protection, have been processed. Following the award of recurrent training sessions, conflicts with recurrent training will then be processed. After recurrent training is awarded, conflicts due to minimum day off protection shall be processed.
4.View/Add Window
The View/Add Window is a period of not less than 48 hours beginning at the close of the Bid Period Conflict Processing Window. During the View/Add Window, a pilot shall have the ability to view open time (conflicted regular line trips and reserve blocks, as well as all remaining open trips, reserve blocks not included in regular/reserve line construction, and open base simulator support events as provided in Section 25.L.15.).
a.During the View/Add Window, a pilot may enter the following via VIPS:
i.Bids for make-up activities due to phase-in conflict (CIA) as provided in Section 25.F.;
ii.Bids for vacation make-up (MUV) as provided in Section 7.G.5.;
iii.p.319 Bids for student make-up (SMU) as provided in Section 25.C.13.b.;
iv.Bids shall be only by:
(a)Specific trip number (including date);
(b)Reserve block label; and/or
(c)Base simulator support event label.
v.Bids shall be awarded in seniority order.
vi.The results of the View/Add Window bids shall be posted no later than 5 hours following the close of the View/Add Window.
b.Additionally, during the View/Add Window, a secondary line awardee may:
i.Submit the number of vacation days (i.e., whole 6 CH increments) the pilot desires to apply toward the pilot’s secondary line, as follows:
(a)For a pilot who has an awarded vacation period(s) in the upcoming bid period, this number may be:
(1)as small as zero;
(2)as large as 12 days, for a 4 week bid period (but at least the number of days in the pilot’s awarded vacation period(s) if larger than 12 days);
(3)as large as 15 days, for a 5 week bid period (but at least the number of days in the pilot’s awarded vacation period(s) if larger than 15 days); or
(4)as large as 18 days, for a 6 week bid period (but at least the number of days in the pilot’s awarded vacation period(s) if larger than 18 days).
For the purposes of Section 25.E.6.b.i.(b), additional vacation days (i.e., “extended” vacation days) are always added to the end of the vacation period as awarded. However, if adding an extended vacation day to the end of the pilot’s awarded vacation period could cause that extended vacation day to either fall beyond the end of the upcoming bid period or touch Thanksgiving Day, Christmas Eve, Christmas Day, New Year’s Eve, or New Year’s Day, that extended vacation day will be added to the beginning of the pilot’s awarded vacation period. If adding an extended vacation day to the beginning of the pilot’s awarded vacation period would cause that extended vacation day to either fall into the current bid period or touch Thanksgiving Day, Christmas Eve, Christmas Day, New p.320 Year’s Eve, or New Year’s Day, the pilot’s submission to add that extended vacation day will not be granted.
(b)For a pilot who has no awarded vacation period in the upcoming bid period, this number is limited only by the pilot’s remaining unused vacation credit hours, in 6 CH increments;
ii.Notify the Company of any known absences (e.g., jury) pending during the upcoming bid period;
iii.Designate the extent to which carryover CH, if any, should apply toward the new bid period’s BLG/RLG, if the pilot is awarded a secondary line; and/or
iv.Designate the extent to which the CH associated with an awarded recurrent training session should apply toward the new bid period’s BLG/RLG, if the pilot is awarded a secondary line.
5.The View/Add Processing Window is a period of not more than 24 hours (beginning when the View/Add Results are posted) during which time the Company shall process submissions, requests, and designations from secondary line awardees transmitted to the Company pursuant to Section 25.E.4.b. During the View/Add Processing Window, the Company shall:
a.Comply with each submission given staffing in each crew position, which shall be processed in seniority order within the submission type, from secondary line awardees with an awarded vacation period(s) in the upcoming bid period, and who wish to avail themselves of Section 25.E.4.b.i.(a). In no case shall a submission be approved if it creates a conflict with recurrent training or a known absence (e.g., jury).
b.Comply with each submission given staffing in each crew position, which shall be processed in seniority order within the submission type, from pilots without any awarded vacation periods in the upcoming bid period who wish to avail themselves of Section 25.E.4.b.i.(b). In no case shall a submission be approved if it creates a conflict with recurrent training or a known absence (e.g., jury).
c.Regardless of the given staffing in each crew position, submissions for additional or fewer vacation days shall be honored in seniority order to the extent that they are offsetting.
6.Secondary Working Window (SWW)
The SWW is a period of not less than 115 hours beginning at 1700 CT the day following the posting of the View/Add Processing Window results. During the SWW:
a.p.321 A secondary line awardee may build the pilot’s secondary line or modify the pilot’s secondary line preferences;
b.Additionally, during the first 62 hours of the SWW, a secondary line awardee may:
i.slide the pilot’s vacation footprint, up to 5 days measured against the greater of:
(a)the pilot’s awarded vacation period; or
(b)the pilot’s vacation period, as adjusted in the View/Add window;
Provided, however, that no slide may create a conflict with a pilot’s recurrent training or known absence (e.g., jury).
ii.shrink or eliminate the pilot’s vacation footprint; and/or
iii.elect to waive or protect the pilot’s vacation buffer.
iv.A vacation period which, as originally awarded, was wholly contained in one bid period may have its footprint, but not its credit hours, slid into an adjacent bid period (except into November or December, or into the current bid period).
v.A pilot’s election to slide, shrink, or eliminate the pilot’s vacation footprint, in accordance with Section 25.E.6.b.i. or ii., has the effect only of enhancing a pilot’s flexibility during the SWW window. That election does not change the credit hour draw against the pilot’s vacation bank as determined by the View/Add window.
F.Bid Period Phase-In
1.A phase-in conflict occurs when:
a.a pilot not qualified for the lowest FAR landing minimums for the pilot’s aircraft is awarded a trip to an international location that was designated in the bid period package as restricted to pilots qualified to those minimums; or
b.a pilot is unable to perform an assignment(s) in a bid period due to a trip (including an international buffer, if any) that began in the previous bid period or a carryover R-day(s). For purposes of determining conflicts with R-days on which no activity has been assigned, the following shall apply:
i.An R-day conflicts with an earlier assignment unless there is at least 12 hours prior to the start of the pilot’s first RP, and no legality problems are caused by the previous assignment (e.g., 1-in-7).
ii.An R-day conflicts with a subsequent assignment unless there are at least 12 hours between the end of the pilot’s R-day and the beginning of the scheduled assignment, and no p.322 legality problems are caused by the subsequent assignment (e.g., 1-in-7).
iii.An R-day conflicts with another R-day unless there are at least 12 hours between the consecutive RPs; however, consecutive R-days with the same RP do not create a conflict.
iv.The provisions of Section 25.F.1.b.i., ii., and iii. do not apply operationally or during the application of Section 25.M.3.d.
c.a pilot is awarded/assigned a recurrent training session in conflict with a trip or block of R-days, as provided in Section 25.C.12.d.ii., or C.12.f.
2.Conflicts relating to on-duty limitations shall be determined based upon scheduled duty limitations, as provided in Section 12.C.4. and D.5.
3.A pilot’s current bid period schedule, inclusive of carryover R-days into the subsequent bid period, shall take precedence over a subsequent bid period award, except as follows:
a.To avoid a phase-in conflict, a pilot with a trip in the new bid period in excess of 120 hours TAFB shall have the ability to submit to drop a carryover trip or R-day block in the current bid period of less than 72 hours TAFB or 3-day block as follows:
i.Such submission shall be made during the Bid Period Processing Conflict Input Window.
ii.Any submissions shall be processed in seniority order.
b.Unpaid carryover on a pilot’s pay only line during ITU shall not create a phase-in conflict in a subsequent bid period.
4.A pilot may elect to waive an international duty free buffer to avoid a phase-in conflict.
5.In the event of a phase-in conflict with a trip(s) on a regular line in the new bid period, the trip(s) in the new bid period shall be dropped without pay and the pilot shall be eligible to make-up the CH value of trip(s) dropped due to phase-in conflict prior to construction of secondary lines, as provided in Section 25.E.4.a.i., L.1., and L.6.
6.In the event of a phase-in conflict with an R-day(s) in the new bid period:
a.If other than a vacation conflict, the block containing that R-day(s) in the new bid period shall be dropped, made available in open time for the View/Add window, and the pilot shall be eligible to make-up an R-day value(s), as provided in Section 25.E.4., L.1., and L.6.;
b.If a vacation conflict, the entire block containing that R-day(s) in the new bid period shall be made available in open time for the View/Add window; however:
i.p.323 The pilot’s vacation bank shall be charged only for the CH value of those R-days in conflict (as provided in Section 7.G.3.); and
ii.Those R-days not in conflict (as provided in Section 7.G.3.) shall remain on the pilot’s schedule, and the pilot’s vacation bank shall not be charged for their CH value.
7.If a pilot’s line, including recurrent training and carryover from the previous bid period, does not meet minimum days off protection, the following shall apply prior to the construction of secondary lines:
a.A pilot shall have the ability to drop a trip(s)/R-day(s) from the pilot’s line, provided that the pilot’s line, after the adjustment, contains the minimum number of days off and the pilot shall be eligible for make-up. The pilot may request which trip(s) or R-day(s) will be dropped; or
b.If a pilot is unable to protect the pilot’s minimum days off as provided in Section 25.F.7.a., the pilot shall have the ability to drop a trip(s) even though the drop(s) would cause the pilot’s line to contain more than the minimum number of days off. The pilot may request which trip(s) or R-day(s) will be dropped. The pilot shall then be eligible for make-up to the extent necessary to restore the CH value of a trip(s) dropped in the View/Add Window, prior to construction of secondary lines.
c.Adjustments to a pilot’s line in accordance with Section 25.F.7.a. and F.7.b., shall be made in accordance with Section 25.E.
8.If a pilot’s vacation period ends on the last day of a bid period and is immediately followed on the first day of the subsequent bid period by a block of RP-A or R-24 reserve periods, the following shall apply:
a.Unless the conflict is waived, the first reserve period will be dropped and eligible for make-up as provided in Section 25.E.4. and Section 25.L.1., and L.6.
b.A pilot may waive the vacation/reserve conflict to avoid a phase-in conflict. If waived:
i.an RP-A pilot shall be available for notification pursuant to Section 25.M.3.c.i.(a), (b), or (c), as appropriate.
ii.CRS may give an R-24 pilot a reserve assignment via VIPS at least 24 hours prior to its scheduled showtime.
G.Open Time Assignments
1.Following resolution of phase-in conflicts, open time may be used in the following order: training assignments, phase-in make-up (including MUV, as provided in Section 7.G.5.a.), and then substitution/reassignment. Remaining open time shall be used for construction of secondary lines. After construction of secondary lines, open time may be p.324 used at any time prior to or during a bid period for PMU, substitution/ reassignment, custom line construction, advance reserve assignment, advance volunteer assignment, make-up, training assignment and Association Fly Back (AFB). However, during the first 12 hours after the publication of open time, only pilots shall have access to open time trips starting in the new bid period.
2.Open Time Availability
a.Open time for a bid period shall be available for viewing not later than 72 hours prior to the beginning of the bid period. Each bid period package will indicate when open time will be released. The release times may be staggered between aircraft types and bases to prevent VIPS overload.
In the open time release, the Company will include base airport standbys for the following crew positions: MEM MD-11 Captain, MEM MD-11 First Officer, MEM A300 Captain, MEM A300 First Officer, MEM B767 Captain, MEM B767 First Officer, MEM B757 Captain, and MEM B757 First Officer. For each of the crew positions, at least the following total number of base airport standbys per day (specific times to be determined by the Company) shall be included: Tuesday through Friday: 2; and Saturday: 1.
b.A pilot shall be provided access to the Company’s computer systems and data to view information related to available open time as follows:
i.for trip assignment and trading, all open time in the current bid period (and in the next bid period after open time is released) shall be visible in “real time,” except during periods when:
(a)the daily assignment process is taking place;
(b)the system(s) is paused to allow manual processing functions; or
(c)the system(s) affecting open time administration is not running due to system maintenance, upgrades, etc.
ii.in crew positions for which trip assignment or trading automation is not functioning, trip pairings more than 40.5 hours prior to showtime shall be visible to pilots accessing the open time interface.
iii.a trip(s) may be frozen to allow assignment by CRS. When a trip is frozen, it will be visible, but displayed in a manner indicating that it is available only to CRS.
c.A trip or standby that appears in open time will remain in open time exclusively for pilots for no less than 3 hours, except as provided in Section 25.G.1. (i.e., the first 12 hours), G.3., and G.4. Thereafter, the Company may use open time before the assignment window p.325 to assign a trip to an R-24 pilot, but no earlier than 168 hours prior to showtime.
3.Assignment Window
a.Except as provided in Section 25.G.3.a.i. and ii., at 0900 LBT each day the Company shall begin to assign open time trips and base standbys with showtimes through the next 40.5 hours.
i.At 0700 LBT each day, any trip with 120 hours TAFB or more, with a showtime during the next two local base days that is assigned to a pilot who is on sick leave shall be available in open time for Bid Line Adjustments as provided in Section 25.L. At 1000 LBT, such trips shall become available for assignment by CRS.
ii.At 0700 LBT each day, any trip with less than 120 hours TAFB, with a showtime during the next local base day that is assigned to a pilot who is on sick leave shall be available in open time for Bid Line Adjustments as provided in Section 25.L. At 1000 LBT, such trips shall become available for assignment by CRS, with the exception of trips with a showtime prior to 1800 LBT that same day, which shall become available for assignment by CRS at 0900 LBT.
b.Open time not assigned as provided in Section 25.G.1. shall be assigned in the following order:
i.SUB, RAT or PMU;
ii.PNP;
iii.Make-up:
(a)CMU
(b)SMU
(c)M/U
(d)MUS (includes both MUS and MUD)
(e)MUV
iv.AFB;
v.RSV;
vi.VLT;
vii.DRF.
c.Notwithstanding Section 25.G.3.b., the Company may assign open base airport standbys to reserve pilots prior to any other category.
4.The Company may assign a VLT or DRF ahead of reserve, due to operational requirements, notwithstanding Section 25.G.3. If necessary to prevent or mitigate a departure delay, the Company may make an p.326 open time assignment other than as provided in Section 25.G.3. and will report the specific circumstances of such assignment(s) to the Association in the bid period report under Section 9.B.
5.If an open time trip cannot be assigned through the application of Section 25.G.3.b.i. through v., that trip may be canceled and a new trip(s) may be constructed and assigned according to this paragraph (Section 25.G.). This procedure may only be done inside the open time assignment window, as provided in Section 25.G.3.
H.Substitution
1.Applicability
Substitution provisions apply only prior to block-out on a trip. Substitution shall not occur due to Company actions made for operational reasons (e.g., trip revision, high minimums pull) after block-out. A pilot who blocks out on a trip, but returns prior to making a landing at another airport, or who never blocks out due to an operational emergency, may be eligible for substitution, as if the pilot had not blocked out.
2.Eligibility for Substitution
A pilot is eligible for substitution if the pilot is removed from a trip for which the pilot is entitled to trip guarantee for any of the reasons listed in this paragraph. Pilots in MUV, MUS, CMU, AFB, VLT, DRF or reserve are not eligible for substitution. If a pilot is removed from a substitution trip for any of the reasons listed in this paragraph, the pilot shall remain eligible for substitution based upon the pilot’s original trip (i.e., the trip or series of trips that actually created the substitution eligibility). The following events generate substitution eligibility and, where noted, reassignment offers prior to substitution.
a.Trip Canceled
i.The trip is canceled for any reason; or
ii.If a trip is canceled due to a change of gauge a pilot shall be offered the rebuilt trip for the pilot’s aircraft as a SUB or RAT, if possible.
b.Trip Rescheduled Outside 4 Hour Window
The trip is rescheduled to begin more than 4 hours prior to its original showtime or to terminate more than 4 hours after its original termination time. Trips in this category must be offered to the pilot as a reassignment trip prior to the pilot being placed in substitution.
c.Showtime Moved Up Without Notice
The trip is rescheduled with a showtime at least 1 hour earlier than the original showtime and the pilot is not adequately notified of that change. For purposes of this paragraph, adequate notification occurs if:
i.p.327 the pilot checks in at or prior to the new showtime; or
ii.the pilot is notified of the change at least 8 hours prior to the new showtime; or
iii.the pilot is transiting the pilot’s base on separate trips not interrupted by a legal rest period and the pilot is notified of the change prior to the new showtime.
d.[Reserved]
e.[Reserved]
f.Weather Restrictions
The pilot is removed from the trip due to weather related restrictions.
g.FAR or Other Governing Authority
The pilot is removed from the trip because the pilot will or is projected to exceed FAR limitations or because of other government controlled restrictions (e.g., work visa not issued in time, revocation or denial of route authority).
h.Contract Limitations
The pilot is removed from the trip:
i.because the pilot will or is projected to exceed limitations contained in this Agreement (e.g., precautionary weather pull);
ii.because the Company has determined that the pilot is ineligible to fly based on a general, uniformly applied set of criteria (e.g., lack of LCA on route familiarization segments); or
iii.due to other circumstances expressly specified in this Agreement as giving rise to substitution eligibility.
i.Operational Conflict
If a trip is revised more than 24 hours prior to the showtime for that trip, and it causes a conflict with a subsequent trip, the revised trip shall be dropped and eligible for substitution. If a trip is revised within 24 hours of showtime, and the revision causes a conflict with a subsequent trip, the subsequent trip shall be dropped and be eligible for substitution, unless the first trip is eligible for substitution for some additional reason.
j.Training
The pilot is removed from the trip due to the pilot’s recurrent training, other than as a phase-in conflict (See Section 25.F.1.c.).
3.Notification of Substitution Assignment
a.Notification
A pilot who is eligible for substitution may be offered a substitution assignment at any time. The pilot shall be available to receive substitution p.328 offers during the availability periods described in Section 25.H.3.b. and c.
b.Initial Availability Period
The initial availability period begins when a pilot is notified of the pilot’s substitution availability and ends 4 hours after the showtime of the pilot’s original trip. Beginning 4 hours prior to the showtime of the pilot’s original trip or once notified of substitution eligibility, whichever is later, the pilot shall be available for substitution assignment until 4 hours after showtime of the pilot’s original trip. If, before the end of the pilot’s initial availability period, the pilot has not been offered a substitution assignment (other than airport hold) with a showtime within 72 hours after the showtime of the pilot’s original trip, the following shall apply:
i.If the pilot’s substitution window, as provided in Section 25.H.4., is shorter than 72 hours, the pilot shall have no substitution responsibility after the pilot’s initial availability period.
ii.If the pilot’s substitution window is greater than 72 hours, the pilot shall be credited with 18 hours toward the pilot’s substitution guarantee. The pilot may not be given a substitution assignment with a showtime within 72 hours of the showtime of the pilot’s original trip, and the pilot has the following options:
(a)elect OTP for the balance of the pilot’s original trip guarantee; or
(b)remain eligible for substitution.
iii.A pilot entitled to elect OTP under Section 25.H.3.b.ii. may do so until the first 0900 LBT after the end of the pilot’s initial availability period. If the pilot has not elected OTP by that time, the pilot will remain in substitution.
c.Subsequent Availability Periods For SUB Windows Greater Than 72 Hours
If the pilot chooses to remain eligible for substitution the pilot’s subsequent availability periods are as follows:
i.A pilot shall be available for substitution assignment between 1000 and 1600 hours LBT the day prior to each remaining day on which the pilot could operate a substitution assignment; however
ii.The pilot is not required to be available during the last 1000 to 1600 LBT period within the pilot’s substitution window.
d.Conflicts With Availability Periods
A pilot shall be required to be available for substitution assignment only during the portion of an availability period during which the pilot is not in a legal rest period, on a trip, or in training. A pilot shall p.329 not be considered available if during the entire portion of the IAP, the pilot is in a legal rest period, on a trip, or in training.
e.Meaning of “Availability”
i.A pilot may supply VIPS with up to four contact numbers, with labels (e.g., “primary,” “cell,” “alternate”) for use during periods when the pilot is required to be available for substitution assignment. In order to contact the pilot during those periods, CRS shall place calls to three (or fewer, when the pilot has listed fewer) of the pilot’s listed phone numbers.
ii.A pilot shall be deemed “available” for substitution assignment if the pilot either answers calls placed to the pilot’s contact numbers or returns those calls within 15 minutes. In extenuating circumstances in which a pilot will be out of contact for more than 15 minutes, a pilot may work with CRS to make alternative contact arrangements.
f.Notification While On Duty
Prior to starting a legal rest period, a pilot on a trip which ends during the pilot’s substitution window shall contact CRS within 30 minutes following block-in for possible substitution assignment.
g.Airport Hold
A pilot eligible for substitution may be held at the airport for up to 4 hours after the showtime of the trip for which the pilot was reporting, however, the pilot shall not be held beyond the scheduled duty limitations applicable to that trip. A pilot on airport hold in MEM shall be eligible for a room in the crew rest facility. A pilot on airport hold shall earn 6 CH toward the pilot’s substitution guarantee, as provided in Section 4.L.4.
4.Substitution Window
A pilot’s substitution window shall be the period beginning 4 hours prior to showtime of the original trip (i.e., the trip or series of trips that actually created the substitution eligibility) and ending 4 hours after the termination of the original trip. For purposes of determining a pilot’s substitution window, a series of trips not interrupted by a legal rest period at base is considered a single trip. As provided in Section 8.C.3.d.iv., a pilot may elect a hotel room in base for use during the Substitution Window as an allowable/reimbursable deviation expense.
a.Close of Substitution Window
A pilot’s substitution window shall close if the pilot’s substitution guarantee exceeds the pilot’s original trip guarantee.
b.Recurrent Training
If a pilot becomes eligible for substitution as a result of the pilot’s recurrent training, any substitution eligibility created will adhere to p.330 the provisions of Section 25.H.3.a., b., and c. (see also Section 25.C.12.d.iii.(b)). The pilot’s substitution window shall be as follows:
Example: Recurrent training creates substitution eligibility for a 7 day trip, and the pilot is eligible for substitution for 4 days. This shall be treated as if it were a 4 day trip, for purposes of Section 25.H.3.a., b., and c.
i.Training Exclusively On Days Off
If the training is scheduled exclusively on scheduled days off, and as a result of that training, the pilot is scheduled to receive fewer than the minimum days off and has not waived such protection, the pilot shall be removed from a trip(s), and is eligible for substitution on trip days dropped in excess of minimum days off. The Company shall notify the pilot of the contiguous days on which the pilot is eligible for substitution. The pilot shall be responsible for the availability periods corresponding to those days.
ii.Training Exclusively On Trip Days
If the training is scheduled exclusively on trip days, the pilot shall be eligible for substitution on any trip days dropped not in conflict with training.
iii.Training On Trip Days And Days Off
If the training is scheduled on trip days and days off, the pilot shall be eligible for substitution for any trip days dropped in excess of the total number of training days (i.e., training days in conflict plus training days not in conflict). If, as a result of the training scheduled under this paragraph, the pilot is scheduled to receive fewer than the minimum days off, and has not waived that protection, the pilot shall be removed from an additional trip(s) and is eligible for substitution on trip days dropped in excess of minimum days off. The Company shall notify the pilot of the contiguous days on which the pilot is eligible for substitution. The pilot shall be responsible for the availability periods corresponding to those days.
iv.Fewer Than Minimum Days Off Due To Carryover
If the pilot’s line has fewer than the minimum days off as a result of carryover, the number of days off protected shall be limited to the number of scheduled days off on the pilot’s line (including carryover).
v.Training Rescheduled By Pilot
If the pilot has rescheduled the pilot’s training from a prior bid period, the pilot shall not be entitled to minimum days off p.331 protection. The pilot is eligible for substitution for all trip days dropped not in conflict with training.
vi.Location of SUB Window
In Section 25.H.4.b.i., ii., and iii., when the trip dropped for recurrent training is in actual conflict with the pilot’s recurrent training footprint, the pilot’s substitution window will be scheduled to touch either end of the pilot’s recurrent training, unless the pilot requests otherwise and an alternative arrangement can be made. If the trip dropped due to recurrent training is not in actual conflict with the training, the SUB window will be based on the footprint of the trip dropped, rather than the recurrent training footprint.
5.Substitution Assignment Parameters
A pilot eligible for substitution may be assigned a substitution trip(s) or standby assignment(s) in accordance with the following:
a.Substitution Trip Assignment
The showtime and scheduled termination of a substitution trip must be within a pilot’s substitution window.
b.Daytime Flying Assignment
A pilot eligible for substitution based on a trip in which more than half of the revenue duty periods begin in the day period may be offered any legal substitution assignment; however, if such pilot is offered a trip in which more than half of the revenue duty periods begin outside the day period, the pilot may refuse such trip without loss of trip guarantee.
c.For a substitution assignment window of 72 hours or less, any assignment shall be sequential or any unassigned periods during this window are eligible to be claimed for reimbursement for a hotel room (not to exceed the base hotel contract rate).
d.Base Airport Standby Assignment
A pilot may be offered a regularly scheduled base airport standby assignment only if that standby would otherwise have to be assigned to a VLT or DRF pilot. A substitution pilot on standby must accept any standby trip assignment that is scheduled to operate within the pilot’s substitution window.
Example: The Company may not create a base airport standby solely in order to use a substitution pilot/crew. If, due to operational circumstances, (e.g., weather, anticipated volume), the Company increases the number of standbys (e.g., not 1 pilot on a.m. standby, but 4 pilots on a.m. standby), then the Company could assign the standby to a substitution pilot, as long as it would otherwise have been assigned to a VLT or DRF pilot.
i.A pilot whose original trip was greater than 72 consecutive hours may request to have a hotel standby pairing constructed to cover the pilot’s substitution window, or the portion of that window not covered by trips already accepted, if any, in accordance with the following:
(a)If the pilot’s substitution eligibility was posted in VIPS, or the pilot was notified of the pilot’s substitution eligibility by CRS, more than 24 hours prior to showtime, the pilot may request hotel standby through CRS up to 24 hours prior to showtime.
(b)If the pilot does not have an answer to the pilot’s hotel standby request or if substitution eligibility was posted in VIPS 24 hours or less prior to showtime, then the pilot may call CRS to request hotel standby. CRS shall grant or deny that request immediately.
ii.A substitution pilot on hotel standby must accept any standby trip assignment that is scheduled to operate within the pilot’s substitution window. Normal hotel standby report times apply to a pilot on substitution hotel standby.
f.Minimum Report Times
Unless waived by the pilot, the earliest showtime for a substitution trip shall be as follows:
i.If a pilot is offered a substitution trip during the pilot’s initial availability period, and the pilot is not already at the airport, the showtime for that assignment shall be at least the minimum reserve report status applicable to the pilot’s base, as provided in Section 25.M.3.a. (e.g., R-1.5).
ii.If a pilot is offered a substitution trip during a subsequent availability period (1000 through 1600 LBT), and the pilot is not already at the airport, the showtime for that trip shall be:
(a)at least 8:00 hours after the first attempt at notification if the first duty period in the trip is scheduled to domestic block hour and on-duty limitations; or
(b)at least 12:00 hours after the first attempt at notification if the first duty period in th e trip is scheduled to international block hour and on-duty limitations.
g.A pilot shall not be given a substitution assignment that would cause the pilot to be illegal for the pilot’s next assignment, except as provided in Section 25.H.2.i.
h.A substitution assignment shall not impinge on a required rest period (including such a rest period associated with training).
6.p.333 Acceptance or Rejection of Substitution Assignments
a.A pilot shall accept or reject a substitution assignment when offered. However, when a pilot learns of a substitution offer through VIPS prior to the pilot’s initial availability period, the pilot shall have up to 24 hours to accept or reject the assignment, except that no assignment may be rejected within 4 hours of showtime. Failure to reject the assignment in that time frame constitutes acceptance of the assignment.
b.A pilot shall not earn trip guarantee for the pilot’s original trip if the pilot:
i.fails to satisfy availability or contact requirements specified in Section 25.H.3.; or
ii.trades a substitution assignment; or
iii.rejects a substitution assignment which is offered by CRS or through VIPS:
(a)prior to the scheduled showtime of the original trip; or
(b)during a required contact or availability period; or
(c)while on Company assignment during the pilot’s substitution window.
c.A pilot may reject a substitution assignment offered other than as provided in Section 25.H.6.b.iii., or in accordance with Section 25.H.5.b., without loss of trip guarantee (i.e., night or critical flying offered to day flyer).
Example: A pilot in the second day of a six day substitution window is not offered a substitution assignment during the pilot’s 1000- 1600 LBT availability period. A 3 day trip becomes available and CRS calls the pilot at 1730 to see if the pilot would like the trip as a substitution assignment. The pilot may decline the substitution offer without loss of trip guarantee because the trip was not offered at any of the times described in Section 25.H.6.b.iii.
d.A pilot who has forfeited trip guarantee shall have no further substitution eligibility for the pilot’s original trip, shall not be required to remain available for contact, and shall be eligible for OTP or normal make-up, as applicable. However, if the pilot accepts a substitution assignment(s), but subsequently forfeits trip guarantee, the following shall apply:
i.the pilot shall be responsible for any previously accepted, but not yet operated substitution assignment(s) and that assignment(s) shall be deemed make-up.
ii.the pilot shall be eligible for make-up for the value of the pilot’s original trip.
7.p.334 Trading or Dropping Substitution Assignments
If a pilot accepts a substitution assignment and then subsequently trades or drops that assignment (including PDO bump by another line pilot), the pilot shall forfeit trip guarantee and be released from future substitution eligibility.
8.Ineligibility for Volunteer
a.A pilot may not accept a volunteer trip that operates during any portion of the pilot’s substitution window, except as provided in Section 25.H.8.b., c., and d.
b.A pilot may accept a VLT trip which is assigned after the pilot’s last availability period is over.
c.A pilot who elects OTP at least 4 hours prior to the showtime of the pilot’s original trip may accept a VLT trip as if the pilot had never been eligible for substitution.
d.A pilot who elects OTP less than 4 hours prior to showtime, shall not be eligible for a VLT trip with a showtime within 24 hours of the showtime of the original trip.
e.If a pilot is inadvertently assigned a VLT trip in conflict with Section 25.H.8. (this paragraph), the pilot shall earn compensation for that trip at 150% of the pilot’s normal pay rate, or be notified of removal prior to block-out.
9.[Reserved]
10.Reassignment in Lieu of Substitution
A pilot eligible for substitution may be offered a reassignment trip in lieu of substitution subject to the following:
a.Reassignment Trip Offer
The Company may offer a reassignment trip to any pilot who has not accepted a substitution assignment.
b.Acceptance or Rejection of Reassignment Trip Offer
i.If a pilot accepts a reassignment trip the pilot shall earn the higher of trip guarantee for the original trip(s) or trip guarantee for the reassignment trip, calculated as described in Section 4.M.1. (Reassignment Trip Pay). That pilot shall be released from all substitution obligations relating to the pilot’s original trip.
ii.If a pilot declines a reassignment trip, the pilot shall remain eligible for substitution.
iii.If a pilot trades the pilot’s reassignment trip, the pilot shall earn only the trip guarantee for the trip(s) assumed as a result of the trade.
11.p.335 Election of Open Time Priority In Lieu Of Substitution
a.A pilot eligible for substitution on a non-PMU trip may elect OTP by notifying CRS via VIPS as follows:
i.any time prior to the showtime of the pilot’s original trip if the pilot was notified of substitution eligibility prior to showtime; or
ii.when notified of the pilot’s substitution eligibility if the pilot is notified after showtime.
b.If a pilot becomes eligible for substitution on an PMU trip, and rejects SUB, the pilot shall not earn any credit hours for that trip, and shall revert to the pilot’s original OTP status.
c.If, while still eligible to elect OTP, a pilot forfeits trip guarantee as provided in Section 25.H.6., the pilot shall be placed in OTP automatically.
12.Substitution when in SMU status
a.If a pilot becomes eligible for substitution on an SMU trip, and rejects SUB, the pilot shall not earn any credit hours for that trip, and shall revert to the pilot’s original SMU status.
b.If a pilot on an SMU trip forfeits trip guarantee as provided in Section 25.H.6., the pilot shall be eligible to make-up, as SMU, the value of the pilot’s original trip guarantee minus the pilot’s substitution guarantee.
I.Custom Lines
1.A custom line shall be comprised of trips, R-days or a combination of trips and R-days. The Company may construct and assign a custom line to a pilot if:
a.the pilot is returning to line flying in a bid period for which the pilot was ineligible to bid (e.g., returning from a leave of absence); or
b.the pilot is returning to line flying after having been awarded a pay only line (e.g., completion of OE, extended sick leave); or
c.the pilot is removed from the pilot’s line, or a portion thereof, due to anticipated absence and the pilot subsequently becomes available (e.g., training is delayed); or
d.the pilot is removed from a portion of the pilot’s line due to conflict with the beginning of ITU training; or
e.the pilot is a new hire pilot in a bid period for which the pilot was ineligible to bid; or
f.the pilot becomes qualified after the bid award closed, and as a result, did not rec eive a line for flying (see Section 25.C.6.).
2.A custom line shall comply with the provisions of Section 25.D.1.b. and f.
3.p.336 The provisions of Section 25.I.2. shall be applied on a prorated basis as follows:
a.If a pilot is returning to line flying in a bid period for which the pilot was ineligible to bid, the maximum number of credit hours on the pilot’s custom line shall be a prorated portion of the credit hour value of average BLG for the pilot’s crew position, based on the number of days remaining in the bid period, rounded to the nearest whole number.
Example: Average BLG = 74 CH
10 of 28 days remain in bid period
(10÷28) x 74 = Maximum 26 CH on custom line.
b.The number of credit hours on a custom line for a pilot who has been awarded a pay only line shall not exceed the pilot’s pay only BLG/RLG, less credit received during the bid period.
i.A pilot returning from training shall be credited an R-day value for each day the pilot receives or shows for scheduled training other than OE, and the higher of SCH or ACH for OE trips. The number of days off on such pilot’s pay only line shall be preserved when constructing the pilot’s custom line. A day off during the pilot’s training footprint shall be considered a day off when constructing the pilot’s custom line.
ii.The credit hours on a custom line assigned to a pilot returning from sick leave shall be credited to the pilot’s sick leave account.
c.A custom line assigned to a pilot who has been awarded a pay only line with carryover may include carryover CH in addition to the maximums established in Section 25.I.3.a. and b., subject to the following:
i.the number of carryover credit hours on the custom line shall not exceed the credit hours allocated to the carryover portion of a trip on the pilot’s pay only line; and
ii.the number of carryover R-days on a custom line shall not exceed the number of carryover work days on the pilot’s pay only line.
d.If a pilot is removed from the pilot’s line, or a portion thereof, due to anticipated absence and the pilot subsequently becomes available (e.g., training is delayed), the number of credit hours on the pilot’s custom line shall not exceed the credit hours removed due to the pilot’s anticipated absence.
e.The custom line for a pilot who has been removed from a portion of the pilot’s line due to the beginning of ITU training, shall include p.337 a 48 hour duty free period immediately prior to the beginning of ITU training. Any trips on the pilot’s awarded line not in conflict with the pilot’s training or training buffer will be included on the pilot’s custom line. The number of additional credit hours placed on such pilot’s custom line shall be limited to the following:
Trip(s) CH minus (R-day value times trip days in actual conflict with training) minus 12 CH training buffer.
4.Custom Line Assignment
A pilot eligible for custom line assignment shall contact Crew Resource Planning (CRP) no later than 72 hours prior to the anticipated eligibility for custom line assignment (e.g., return from LOA, OE, or beginning of ITU part of the way through a month). Such pilot shall have the ability to enter a line construction preference worksheet for the pilot’s custom line at that time. The Company shall accommodate the pilot’s preferences in accordance with seniority to the greatest extent practicable.
a.The custom line for a pilot who was in training, shall not be constructed earlier than the pilot’s completion of training. The pilot shall check VIPS for custom line assignment between 1000 and 1200 LBT after the pilot’s legal rest period following the pilot’s final OE trip.
b.The custom line for a pilot who does not require training shall be constructed within 2 days of the pilot’s anticipated return to line flying. The pilot shall check VIPS for custom line assignment prior to the pilot’s anticipated return.
c.A pilot eligible for custom line assignment shall not submit for any bid line adjustments (Section 25.L.), volunteer or draft trips for the period covered by the pilot’s custom line until after the pilot receives such line.
J.Training Assignment
A pilot whose training requires aircraft line flying (e.g., OE, line check) and who is not currently assigned a trip that provides the required flying, may be assigned a trip(s) as provided in Section 25.G.1. (Open Time Assignments). Except during the first twelve hours after the monthly release of open time, instructors may also be assigned trips pursuant to this paragraph for the purpose of conducting training, in accordance with the following:
1.Prior to the end of the first twelve hours of open time release as described in Section 25.G.1. (for the bid period in which the trip in question begins), a trip may not be assigned to a Check Airman if it was on the bid line of a pilot more senior than the Check Airman, prior to becoming open.
2.This seniority restriction does not apply to:
a.p.338 Trips included in the construction of a Check Airman’s secondary line pursuant to Section 25.D.2.; or
b.Trips assigned beyond the first twelve hours of open time release.
K.Advance Reserve Assignment
1.The Company may advance assign a reserve pilot in accordance with Section 25.G.1. (Open Time Assignments), only for the following purposes:
a.to satisfy FAR experience requirements for the least restrictive operating limitations (e.g., CAT II/III minimums, completion of consolidation requirements, combined crew experience in new equipment, etc.); or
b.to comply with visa acquisition procedures; or
c.to cover an open time trip that is more than 60 hours TAFB, in which case such assignment shall not be awarded greater than 7 days in advance; or
d.to cover an open base simulator support event (as provided in Section 25.L.15.), in which case such assignment shall not be awarded prior to the end of the first twelve hours of each bid period’s open time release. Base simulator support events assigned pursuant to this paragraph (Section 25.K.) shall be on the same voluntary only basis (i.e., pass down option available, as provided in Section 25.M.6.d.), and the following shall apply:
i.an advance reserve assigned base simulator support event shall remain on the reserve pilot’s schedule, with VIPS notification posted, for at least 12 hours before being removed (without leveling credit) for assignment to another pilot, unless Flight Training Scheduling notifies the pilot through other means (e.g., phone call); and
ii.once notified of an advance reserve assigned base simulator support event, a reserve pilot shall exercise the pilot’s pass down option within 15 minutes of notification, or else the pilot shall be deemed to have accepted the assignment.
2.A pilot may be advance assigned a trip only if the trip is scheduled to operate on the pilot’s scheduled R-day(s). At the request of CRS, a pilot may agree to reschedule the pilot’s R-day(s) so that the pilot can accept an advance reserve assignment.
3.A pilot shall not be removed from an advance reserve assignment except for the reasons stated in Section 25.H.2.a., H.2.c., H.2.f. through H.2.j., and 25.M.1.b. Upon notification of removal from an advance reserve assignment, a pilot shall return to reserve status for any of the pilot’s originally scheduled block of R-days which remain after the pilot was notified of the pilot’s removal.
4.p.339 A trip assigned in advance reserve status is not eligible for bid line adjustments as provided in Section 25.L., and is not eligible for substitution.
5.If an advance assignment is made in a future block of R-days, the pilot shall be released from R-days in that future block preceding the showtime of the advance assignment. A reserve pilot who is on R-days when an advance assignment is made shall remain responsible for any R-days remaining in the pilot’s current block.
6.A pilot shall be credited toward leveling upon assignment as provided in Section 4.H.
7.A pilot given an advance reserve assignment shall not be given another assignment that conflicts with the advance reserve assignment.
L.Bid Line Adjustments
1.General
a.A pilot shall have the ability to submit for a bid line adjustment through VIPS at any time during the bid period.
i.For the first 12 hours after the publication of open time, and from 0700 LBT through 0800 LBT each day:
A trip or standby that appears in open time shall remain in open time for 5 minutes, at which time all bid line adjustment submissions for that trip or standby shall be automatically and immediately processed (processing time may vary depending upon server load), unless a bid line adjustment is submitted using PMU, in which case it shall be automatically and immediately processed. For a single bid line adjustment involving multiple trips or standbys (e.g., picking up two trips), the BLA is not eligible to be awarded until the 5 minutes has expired for all trips or standbys in the single BLA.
Example 1: At 07:00 Trip A appears in open time. Pilot 1 submits a BLA using PNP at 07:02. At 07:05, the BLA will be automatically and immediately processed (Pilot 1 will be awarded the BLA).
Example 2: At 07:00 Trip A appears in open time. Pilot 1 (the first pilot to submit) submits a BLA using M/U at 07:02. Pilot 2 (the second pilot to submit) submits a BLA using M/U at 07:04. At 07:05, the BLAs will be automatically and immediately processed (Pilot 1 will be awarded the BLA).
Example 3: At 07:00 Trip A appears in open time. Pilot 1 submits a BLA using M/U at 07:02. Pilot 2 submits a BLA using PMU at 07:04. At 07:04, the BLAs will be automatically and immediately processed (Pilot 2 will be awarded the BLA).
p.340 Example 4: At 07:00 Trip A appears in open time. At 07:03, Trip B appears in open time. Pilot 1 submits a single BLA for both Trip A and Trip B using M/U at 07:04. At 7:08, the BLA will be automatically and immediately processed.
Example 5: At 07:00 Trip A appears in open time. At 07:03, Trip B appears in open time. Pilot 1 submits a single BLA for both Trip A and Trip B using M/U at 07:04. Pilot 2 submits for Trip A using M/U at 07:04:30. At 7:05, Pilot 2’s BLA will be automatically and immediately processed (Pilot 2 will be awarded the BLA; Pilot 1’s BLA will be denied).
ii.For any time period not covered by Section 25.L.1.a.i. above, a bid line adjustment submission shall be automatically and immediately processed, regardless of status.
iii.A bid line adjustment that does not involve a trip or standby in open time (e.g., R-day moves, trip drops, R-day drops, trades between pilots) shall be automatically and immediately processed.
iv.Submissions for bid line adjustments shall be processed within each type of adjustment (e.g., PMU, make-up, open time trades, etc.) in the order in which they are received. CRS shall notify a pilot via VIPS that the pilot’s submission has been accepted or denied and shall be reflected in open time. A pilot shall be responsible for determining whether the pilot’s submission has been accepted or denied.
v.The Company shall inform pilots of the time stamp for a trip or standby’s appearance in open time, and whether, and to what extent, other pilots have already submitted bid line adjustments for a given activity (including the extent of alreadysubmitted priority (PMU or PNP) submissions).
[Note: The parties recognize that the new Section 25.L.1.a. provisions are significant changes to existing technology, practices and experiences. As a result, the parties foresee that possible changes may be desired following implementation and the experience shared by both the pilots and the Company. To that end, changes shall be implemented only if agreed upon by the Company and the Association. The Association’s approval shall be sought in a manner deemed appropriate by the Association’s MEC.]
[Note: CRS will still need to manually review trades as specified as “at the Company’s discretion” in Sections 25.L.9.a.ii, 25.L.9.b.ii, 25.L.9.c.ii, 25.L.10.b and 25.L.11.a.]
b.p.341 Submissions for open time trips (e.g., PMU, make-up or trip trade), and submissions to drop a trip shall be submitted no later than 0900 LBT on the day before the first affected activity. Submissions to drop, trade or move an R-day(s) shall be submitted no later than 0900 LBT on the day before the first affected R-day(s). When submitted later than 0900 LBT on the applicable day, such submission may be processed at the Company’s discretion.
c.A bid line adjustment that would remove a pilot from a trip scheduled for a check ride is prohibited unless waived by the pilot’s Fleet Captain.
d.A bid line adjustment is prohibited if it would create a conflict with another scheduled activity (e.g., trip, R-day, training) or if the pilot making such would not be legal to operate another scheduled activity as a result of the bid line adjustment. For purposes of this paragraph, conflicts with R-days shall be determined as follows:
i.An R-day conflicts with an earlier assignment unless there are at least 12 hours prior to the start of the pilot’s first RP, and no legality problems are caused by the previous assignment (e.g., 1 in 7).
ii.An R-day conflicts with a subsequent assignment unless there are at least 12 hours between the end of the pilot’s R-day and the beginning of the scheduled assignment, and no legality problems are caused by the subsequent assignment (e.g., 1 in 7).
iii.An R-day conflicts with another R-day unless there are at least 12 hours between the consecutive RPs; however, consecutive R-days with the same RP do not create a conflict.
e.A pilot shall not submit for an open time assignment that the pilot is not available to operate.
f.The Company may limit bid line adjustments or other additional flying if it reasonably projects that the flying would cause a pilot to exceed FAR limitations.
g.The Company shall not deny a pilot’s bid line adjustment on the basis of projected non-currency for landings, provided that the showtime for any trip or standby added as a result of such bid line adjustment is at least 72 hours after the pilot’s projected non-currency.
h.A pilot may not trade, proffer, or drop a trip assigned as VLT, DRF, AVA, CMU, PDO, PMU, or RSV.
i.A pilot may not be assigned an activity that originates at a base other than the pilot’s own, except in PDO status.
2.p.342 Maximum Allowable Open Time
a.The Company may deny a pilot’s submission for a bid line adjustment that would place a trip(s) into open time in excess of the Max Open. Max Open is defined as two reserves available for every open trip, as described in the Maximum Open Time LOA; provided, however, that the Company may employ a less restrictive formulation of Max Open in lieu of the formulation described in the Maximum Open Time LOA.
b.The Company may deny a pilot’s submission for a bid line adjustment that involves the movement or drop of an R-day(s), if such would exceed the forecasted reserve requirement for that date and reserve period as determined by the Reserve Forecast modeling system.
c.The Company may add base hotel standbys to open time to address reserve staffing shortfalls. In such cases, neither the Max Open Formula nor the Reserve Forecast will consider these base hotel standbys as:
i.“open trips” if unassigned; or
ii.“available reserves” if assigned.
3.Dropping Trips and R-days
a.A pilot shall have the ability to submit to drop a trip or R-day(s) without pay.
b.A pilot may not drop a trip or R-day that is scheduled in whole or in part on the following days (i.e. base days): New Year’s Eve, New Year’s Day, Thanksgiving Day, Christmas Eve or Christmas Day.
c.A pilot who drops a trip or R-day(s) shall be eligible for make-up.
d.Contingency Bid Line Adjustment
A pilot shall have the ability to submit a “contingency BLA” whereby the pilot specifies a trip(s) or R-day(s) to drop only if the pilot is able to pick up a specific trip(s). The pilot must have the applicable bank CHs sufficient to cover the trip(s) the pilot submits to pick up. The use of this provision shall be subject to the rules applicable to the bank used by the pilot for the trip(s) picked up.
4.Open Time Priority In Lieu of Substitution (OTP removal code, PMU add code)
A pilot in OTP (as described in Section 25.H.11.) may submit for assignment of trips from open time in accordance with the following:
a.The pilot shall remain in OTP status until the close of the final bid period of pay protection as described in Section 4.N.1. (PMU Trip Pay).
b.p.343 The pilot may submit for a specific trip(s) from available open time, but not for a trip which the pilot rejected as a substitution assignment. The submission shall be processed in the order received among other submissions in OTP status, but ahead of all other open time submissions (except as provided in Section 25.L.1.a. above). This priority is guaranteed only for PMU submissions made prior to 0900 LBT, at least 48 hours prior to the showtime of the identified trip.
c.The pilot may submit through VIPS for CRS to list the pilot as available on a certain date(s) for PMU make-up assignment. That PMU make-up submission shall be processed in the order received among other make-up submissions in OTP status, but ahead of non-PMU make-up submissions. This priority is guaranteed only for PMU make-up submissions made prior to 0900 LBT on the day before the specific date for which PMU make-up is being submitted.
d.The pilot is not eligible for a PMU assignment that exceeds the pilot’s OTP eligibility by more than 7 CH.
e.If a pilot does not make up all lost credit hours prior to the expiration of the pilot’s OTP status, the remaining credit hours shall be available for normal make-up.
f.An OTP pilot’s eligibility for volunteer shall be governed by Section 25.H.8.
g.If a pilot accepts a substitution assignment(s) the pilot is not eligible for OTP.
5.Priority Non-Premium (PNP)
A pilot shall have the ability to submit for a specific trip(s) or standby(s) from open time (as provided in Section 25.G.2.), to make up eligible PNP hours as follows:
a.The pilot may submit for a specific trip(s) or standby(s) from available open time. The submission shall be processed in the order received among other submissions in PNP status, but ahead of all other open time submissions except PMU (except as provided in Section 25.L.1.a. above). This priority is guaranteed only for PNP submissions made prior to 0900 LBT, at least 48 hours prior to the showtime of the identified trip or standby.
b.The pilot may submit through VIPS for CRS to list the pilot as available on a certain date(s) for PNP assignment. That PNP submission shall be processed in the order received among other PNP submissions in, but ahead of non-PNP and non-PMU submissions. This priority is guaranteed only for PNP submissions made prior to 0900 LBT on the day before the specific date for which PNP is being submitted.
c.p.344 The pilot is not eligible for a PNP assignment that exceeds the pilot’s PNP eligibility by more than 7 CH.
d.If a PNP trip is dropped as provided in Section 25.L.3.a., those CH revert to general make up (M/U).
6.Make-Up (M/U, CMU, SMU, MUS, MUV)
a.Specific Submissions
A pilot shall have the ability to submit for a specific trip(s) or standby(s) from open time (as provided in Section 25.G.2.) to make up eligible credit hours. These submissions, along with trip trades, will be processed in the order received (except as provided in Section 25.L.1.a. above).
b.Non-Specific Submissions (Make Up List)
A pilot may submit for an assignment (as provided in Section 25.G.2.) to make up eligible credit hours.
i.The pilot’s submission shall include the date(s) the pilot is available for a trip or base standby.
ii.The pilot’s submission may include limitations (e.g., no late call, west coast, weekend layover, no critical duty) or may designate a specific assignment, if available.
iii.The pilot’s submission may be withdrawn or modified prior to assignment.
iv.If a pilot’s make-up submission contains no limitation on the length of assignment, the pilot may be given any make-up assignment that does not conflict with a subsequent assignment on the pilot’s line.
v.A pilot shall be responsible for any make-up assignment that complies with the pilot’s submission.
vi.Unless previously notified of assignment, a pilot shall be available for notificatio n of a make-up assignment beginning 1:30 hours prior to the day on which the pilot is submitting for that assignment or make prior arrangements for notification by mutual agreement with CRS. A pilot submitting for a make-up assignment shall be prepared to show in 1:30 hours unless specified otherwise in the pilot’s submission. For a base whose shortest reserve report status is other than R-1.5, this paragraph’s requirements shall match accordingly.
Example: In a base with an R-3 reserve report status, a pilot submitting for a make-up assignment shall be prepared to show in 3:00 hours unless specified otherwise in the pilot’s submission.
vii.Submissions for make-up shall be processed in the following order: CMU, SMU, M/U, MUS, MUV and AFB.
d.A make-up assignment shall be operated under a single pay code (e.g., one trip could not be half MUV and half MUS).
e.A pilot is not eligible for a make-up assignment that exceeds the pilot’s make-up eligibility by more than 7 CH.
f.If a SMU trip is dropped as provided in Section 25.L.3.a., those CH revert to general make up (M/U).
g.A pilot entitled to make up an R-day(s) will have an R-day value added to the pilot’s make-up eligibility for each R-day. The pilot shall make up that R-day(s) in accordance with Section 25.L.6.a. or b.
7.Association Fly Back (AFB)
Submissions for AFB shall be administered as provided in Section 25.L.6.
8.Trading With Open Time
a.A pilot shall have the ability to submit to trade the pilot’s trip(s) for another trip(s) in open time. The net effect of any trade(s) in a bid period (including similar footprint trades, as described in Section 25.L.8.b.) may not increase the pilot’s BLG, as published, by more than 13 CH.
b.Similar Footprint Trades
If the submission of a bid line adjustment to trade trip(s) or a series of trips would have otherwise been denied due to staffing metrics (e.g. insufficient reserves), such submission shall be accepted if:
i.The trade is submitted no later than 72 hours before the showtime of the trip(s) being placed into open time; and
ii.The trip(s) in open time has a showtime:
(a)On the same local base day; and
(b)In the same reserve period as the original trip(s); and
(c)An equal to or greater TAFB than the original trip(s); and
iii.For a series of trips:
(a)The last trip must end no earlier than 4 hours prior to the end of the original trip(s); and
(b)The first trip in the series must have a showtime on the same local base day and within the same reserve period.
9.Trading Between Pilots by Mutual Consent
a.Trading Trips
i.A pilot shall have the ability to submit to trade a trip(s) with another pilot. The pilot’s submission shall state whether it is a credit hour swap or mutual PDO bump.
ii.p.346 Trades between pilots shall be submitted at least 2 hours prior to showtime of the first affected activity. Submissions after 0900 LBT on the day preceding the first affected activity shall be confirmed through VIPS. Submissions within 2 hours of showtime may be processed at the Company’s discretion. Upon implementation of 25.L.1.a., the Company shall process all trip trades submitted at least 1 hour before showtime of the first affected activity.
iii.A trip trade between pilots will be processed as provided in Section 25.L.1.a.
iv.A mutual bump shall be subject to the provisions of Section 25.L.11.
b.Trading Blocks of R-Days
i.A pilot shall have the ability to submit to trade a full block of R-days with another pilot.
ii.If the submitted trade would combine 2 or more blocks of R-days without an intervening day off on either pilot’s schedule, the approval of that submission shall be at the discretion of CRS.
iii.R-days assumed by a pilot as a result of a trade(s) shall be considered scheduled R-days for purposes of RLG credit and leveling.
c.Trading a Block of R-Days with Another Pilot’s Trip(s)
i.Pilots shall have the ability to submit to trade a full block of R-days and a trip(s).
ii.If the trip(s) and the block of R-days, as traded, would not be preceded and followed by at least 1 day off, then the approval of that request shall be at the discretion of CRS.
iii.That trade, if approved, shall be on a PDO basis. The pilot standing the traded R-days shall assume the leveling position of the pilot originally holding the R-days.
10.Trip Pick-Up From Another Pilot
a.A pilot shall have the ability to pick-up a trip(s) from another pilot with the pilot’s consent. If the submission meets all contract and legality parameters, the pilot originally assigned the trip shall be removed from the trip (without pay) and is not eligible for make-up. The pilot who picks-up the trip shall have trip guarantee for that trip.
b.Submissions for a pick-up trip shall be submitted at least 2 hours prior to showtime. Submissions after 0900 LBT on the day preceding the trip shall be confirmed in VIPS. Submissions within 2 hours of showtime may be processed at the Company’s discretion.
c.p.347 Submissions for a trip pick-up will be processed as provided in Section 25.L.1.a.
11.Per Diem Only Bumping (Non-Training)
a.A pilot shall have the ability to bump another pilot from the pilot’s trip with that pilot’s consent, if the submission meets all contract and legality parameters. Submissions for PDO bumps shall be submitted at least 2 hours prior to showtime of the affected trip. Submissions after 0900 LBT on the day preceding the affected trip shall be confirmed through VIPS. Submissions within 2 hours of showtime may be processed at the Company’s discretion. A pilot on R-days may submit to bump another pilot to satisfy pilot qualification requirements (e.g., consolidation, currency), and if such submission is approved, the bumped pilot is released and is not responsible for any R-days. A pilot may be bumped from the pilot’s trip under this paragraph only if the pilot:
i.holds trip guarantee upon assignment for the trip to be bumped;
ii.holds the trip to be bumped in reserve status; or
iii.is bumped under Section 9.A.2.
b.If bumped, the following shall apply:
i.The bumped pilot shall be removed from the trip and shall have no further responsibility for such trip.
ii.Unless the pilot held the trip in reserve status, the pilot shall earn trip guarantee.
iii.If the bumped pilot held the trip in reserve status, the pilot shall earn credit toward leveling and RLG, and shall return to the pilot’s remaining reserve schedule, if any, following the footprint of the bumped trip.
iv.The pilot operating the trip shall earn per diem, international override and overage, if applicable. The pilot shall earn deviation credit for the trip, if applicable, except as provided in Section 9.A.2. (management bump).
v.If the pilot assigned the PDO trip is unable to operate that trip due to illness or injury, the scheduled trip guarantee shall be deducted from the pilot’s sick leave account.
vi.[Reserved]
vii.If a pilot assigned a PDO trip rejects a substitution trip, the credit hours for the PDO trip shall be deducted from the pilot’s current BLG/RLG and the pilot shall be eligible for make-up.
A pilot shall have the ability to submit to move an R-day(s) within a bid period and that submission shall not be unreasonably denied.
13.Emergency Drop
a.A pilot shall have the ability to submit to drop a trip(s) or R-day(s) due to personal emergency.
b.An emergency drop shall be submitted to a pilot’s Fleet Captain, or designee. The Fleet Captain, or designee, shall approve or deny the submission after consultation with CRS.
c.A pilot who drops an activity due to personal emergency shall be eligible for make-up.
d.A pilot may use the pilot’s vacation in lieu of drop for personal emergencies.
14.Proffer and Acquire in Open Time
a.Proffer
A pilot shall have the ability to proffer a trip(s) in open time for pickup. The proffer shall designate whether the activity is:
i.make-up eligible; or
ii.a trip pick-up as provided in Section 25.L.10.
b.Acquiring a Proffer
i.Provided the submission to acquire a proffer meets all contract and legality parameters, a pilot shall have the ability to acquire a proffered trip in open time:
(a)To make-up eligible credit hours (M/U, CMU, SMU, MUS, MUD, MUV); or
(b)As a trip pick-up.
ii.Submissions to acquire a proffer shall be submitted at least 72 hours prior to showtime for the proffered trip, otherwise the proffering pilot shall retain that trip.
iii.The pilot who proffered the trip shall be removed from the trip without pay.
iv.If the proffer was designated “make-up eligible:”
(a)The pilot who proffered the trip shall have the scheduled credit hours for the trip deposited into the pilot’s general make-up bank; and
(b)The pilot who acquired the trip shall have the scheduled credit hours for the trip debited from the pilot’s designated make-up bank.
15.p.349 Base Simulator Support Events
A pilot shall have the ability to submit for a specific base simulator support event from open time in their base. Only the following events shall be available as base simulator support events for bid line adjustments, secondary lines, and reserve assignments:
a.CQ training events (CLOE and CMV2 shall only be available as two linked events);
b.Training events pursuant to Section 24, except for MV-1, MV, LOE- 1, and LOE; and
c.Requalification training events except for RMV-1, RMV, RLOE-1, and RLOE.
16.Open Trip Notification System
a.A pilot shall have the ability to submit criteria to filter open time trips.
b.A pilot may elect to receive a text message to a number specified by the pilot when a trip which meets the pilot’s criteria becomes available in open time.
M.Reserve
1.General
a.A reserve pilot shall be scheduled to stand R-days only in the pilot’s base.
b.A reserve pilot shall not be given an assignment, including any assignment from a standby period, that is scheduled to terminate more than 2 hours into the pilot’s day off.
c.If a reserve assignment operationally extends more than 2 hours into a pilot’s day off, the pilot shall accrue reserve overage (as described in Section 4.BB.8.b.), and shall have the ability to drop a subsequent R-day, if any, in the current bid period without pay. CRS shall make reasonable efforts to accommodate a pilot’s request as to the subsequent R-day to be dropped. Such R-day shall be at the beginning or end of a block of R-days remaining on the pilot’s line, unless the pilot agrees otherwise.
d.Any activity (i.e., trip, base standby, or base simulator support event) assigned to a reserve pilot must have a showtime in the pilot’s RP.
e.A reserve pilot removed from a base simulator support event for any reason:
i.prior to the pilot’s scheduled showtime, shall return to the pilot’s reserve schedule; or
ii.at or after the pilot’s scheduled showtime, shall be released for a minimum rest period of 12 hours or until the pilot’s next RP, whichever is greater.
f.p.350 A reserve pilot removed from a trip for the following reasons shall return to the pilot’s reserve schedule:
i.trip canceled (Section 25.H.2.a.);
ii.trip revised to extend more than two hours into the pilot’s day off, as provided in Section 25.M.1.b.;
iii.early show without notice (Section 25.H.2.c.);
iv.weather restrictions (Section 25.H.2.f.);
v.FAR or other governmental authority (Section 25.H.2.g.);
vi.Contract limitations (Section 25.H.2.h.);
vii.Operational conflict (Section 25.H.2.i.);
viii.Duplic ate or other assignment error, as defined in Section 25.AA.1.
g.A reserve pilot who departs the pilot’s base to operate a non-augmented duty period shall be scheduled for release to a legal rest period not later than “NW + 16” (i.e., 16 hours after the start of the notification window applicable to the pilot’s RP). This paragraph shall not apply:
i.to a pilot who is released for a legal rest period prior to the showtime of the pilot’s reserve assignment;
ii.if the reserve pilot is assigned to a duty period consisting exclusively of deadhead; or
iii.if the pilot, by virtue of having been timely notified of the pilot’s next assignment, serves neither the pilot’s notification window nor any portion of the pilot’s RP prior to showtime for the departing duty period, and that pilot has at least 8 hours free from duty prior to the next assignment’s showtime.
h.If a reserve pilot has met or exceeded the pilot’s RLG, the pilot’s remaining R-day(s) in the bid period shall be removed without pay consequence.
i.If a new base is established, the Company shall meet and consult with the Association regarding the feasibility of R-1.5 status in light of reasonable commuting times in the area of the new base, and the possibility of providing hotel rooms for pilots on R-1.5 in case commuting times are especially long or unpredictable.
j.A reserve pilot released from availability or duty for 24 hours (e.g., 24 hour or greater layover during a trip, released for international buffer, or day off), is assumed to have received a release for 1-in- 7. A reserve pilot, during a block of R-days, without an assignment must be notified prior to the beginning of any release that is to satisfy 1-in-7. An R-24 pilot who is released for a 1-in-7 will not be required to be available for notification during the pilot’s 1-in-7 but p.351 will be responsible for an assignment placed in VIPS during that period, provided such assignment’s showtime is after the end of the 1-in-7 and that assignment is posted at least 24 hours prior to showtime.
k.Upon release for a legal rest period at base from any assignment, a reserve pilot shall be given a minimum rest period of 10 hours prior to the beginning of any subsequent reserve availability or the showtime of any subsequent assignments.
l.A reserve pilot shall not be hub turned through the pilot’s base more than 4 times, during a single block of R-days, without the pilot’s consent. This provision shall not apply to advance reserve assignments or pilots on first fly.
2.Reserve Periods (RP)
a.Reserve periods may take any of the following forms:
i.Reserve Period A (RP-A) is a 12 hour period of time beginning at the start of the day.
ii.Reserve Period A+ (RP-A+) is a 12 hour period of time beginning 6 hours after the start of the day.
iii.Reserve Period B (RP-B) is a 12 hour period of time beginning 12 hours after the start of the day.
iv.Reserve Period B+ (RP-B+) is a 12 hour period of time beginning 18 hours after the start of the day.
v.Reserve Period 24 (RP-24) is a 24 hour period of time beginning at the start of the day.
b.The following shall be published in the bid period package:
i.RP-24 lines (minimum as provided in Section 25.D.3.e.), and at least one of the following:
ii.Lines of RP-A, RP-A+, RP-B, or RP-B+.
3.Availability
a.Report Status
Reserve pilots shall have a report status of R-1.5, R-2, R-3, or R-24.
i.Pilots on R-1.5 status must be given at least 1:30 hours notice prior to the showtime of any assignment. However, an R-1.5 pilot on a RP-A (or an RP-A+ if an Operational Emergency has been declared under Section 12.A.3.) may be given 1 hour notice prior to showtime if there is no airport standby pilot who could be given the assignment, and the pilot is given late call parking. For purposes of this Agreement, the parking lot in the Flight Operations areas in Anchorage is late call p.352 parking. Memphis, and any future bases, shall either have designated late call parking or this provision will not apply.
ii.Pilots on R-2 status must be given at least 2 hours’ notice prior to the showtime of any assignment.
iii.Pilots on R-3 status must be given at least 3 hours’ notice prior to the showtime of any assignment.
iv.Pilots on R-1.5, R-2, or R-3 must be given at least 3 hours’ notice prior to the showtime of a base simulator support event assignment.
v.Pilots on R-24 status must be given at least 24 hours’ notice prior to the showtime of any assignment, except:
(a)an R-24 pilot may be hub turned with less than 24 hours notice; and
(b)if an R-24 pilot is performing an assignment, is on vacation or has a 48 hour international duty free buffer during the pilot’s first availability period, CRS m ay give the pilot a reserve assignment by placing the assignment in VIPS at least 24 hours prior to its scheduled showtime.
vi.An R-24 pilot shall not have the pilot’s RP changed to a non R-24 period (Section 25.M.3.d.).
vii.If, due to a shortage of non R-24 pilots, an R-24 pilot is needed in the pilot’s base for shorter notification, the Company may assign a pilot once per bid period to base hotel standby for a block or a portion of a block of R-days. With the pilot’s consent, the Company may assign additional base hotel standby assignments within the same bid period, and the pilot shall be paid 3 CH for each assignment in addition to all other compensation.
(a)Any assignment to base hotel standby will be for a minimum of two days and a maximum of four consecutive days and shall cover the RP for which there is a shortage.
(b)The pilot’s originally scheduled R-24 base hotel standby trip may not be revised to include additional base hotel standby periods.
(c)If the Company assigns a trip to a pilot placed in base hotel standby under this provision, and the trip terminates after the conclusion of the original hotel standby assignment, the pilot shall be deemed to have completed the hotel standby assignment and shall return to the pilot’s original R-24 schedule.
(d)p.353 Any assignment to base hotel standby shall be made in leveling order, as provided in Section 25.M.6. An R-24 pilot shall not be assigned to a base airport standby without first having been assigned to base hotel standby.
b.Assignment of Report Status
i.The report status for all reserve pilots in a base shall be published in the bid period package. Except for R-24, pilots shall be scheduled for either R-1.5, R-2, or R-3 status for an entire RP block.
ii.CRS shall notify a reserve pilot of any change in the pilot’s report status. If a reserve pilot’s report status is changed from R-3 to R-1.5, the pilot shall be provided a minimum of 1:30 hours notice of that change and shall be provided a hotel room.
c.Notification
A pilot shall be available for notification of an assignment throughout the pilot’s notification window. During the pilot’s notification window, a pilot shall either answer calls placed by CRS or return those calls within 15 minutes.
i.A pilot’s notification window shall begin:
(a)1:30 hours prior to the pilot’s RP for an R-1.5.
(b)2 hours prior to the pilot’s RP for an R-2.
(c)3 hours prior to the pilot’s RP for an R-3.
(d)24 hours prior to the pilot’s RP for an R-24.
ii.A pilot’s notification window shall end:
(a)1:30 hours prior to the end of the pilot’s RP for an R-1.5.
(b)2 hours prior to the end of the pilot’s RP for an R-2.
(c)3 hours prior to the end of the pilot’s RP for an R-3.
(d)24 hours prior to the end of the pilot’s RP for an R-24.
d.Change of Reserve Period (RP)
CRS may change a pilot’s RP (from or to A, A+, B, B+) consistent with the following. The change of a pilot’s RP shall not interfere with the pilot’s scheduled days off.
i.CRS may change a pilot’s RP by providing notice and a duty free period of at least 18 hours, measured from the beginning of the pilot’s original RP or the pilot’s new RP, whichever is earlier. A pilot may waive the 18 hour required notice.
ii.From the point of the RP change, all R-days remaining in that block shall have the same RP.
iii.p.354 If the change of a pilot’s RP conflicts with a scheduled day off, the portion of the RP in conflict with the day off shall be removed with pay. If this occurs, a pilot shall receive 3 CH toward the pilot’s leveling.
iv.CRS may assign a reserve pilot 2 trips on consecutive R-days with showtimes in different RPs if the pilot is assigned the second trip at least 18 hours prior to showtime of that trip and:
(a)the pilot remains on duty between the trips; or
(b)the pilot has a legal rest period of at least 10 hours between trips and the second trip contains a layover.
v.If a reserve pilot is assigned 2 reserve trips with showtimes in different RPs, the pilot’s RP for the balance of the block of R-days shall be the RP applicable to the second trip, unless the pilot’s RP subsequently is changed as provided in Section 25.M.3.d. (this paragraph).
vi.CRS shall notify a pilot of changes of the pilot’s RP through VIPS.
vii.If a pilot’s RP is changed, as provided in Section 25.M.3.d., the pilot shall receive 1:30 CH disruption pay in addition to RLG.
e.Release Criteria and Provisions
An RP-A, A+, B, or B+ reserve pilot who is given an assignment in the pilot’s next RP shall be released until the showtime of that assignment. An RP-24 reserve pilot who has been given an assignment shall be released until the showtime of that assignment. An R-24 pilot who has been assigned a trip shall not be assigned a second trip with a showtime prior to the showtime of the first trip (e.g., pilot assigned on day 1 for a trip with a showtime on day 5 shall not be assigned a trip on day 2 with a showtime on day 3). If the period between release and showtime is long enough to constitute an FAR legal rest period, that period shall be considered a legal rest period.
f.Post Duty Availability
A reserve pilot shall contact CRS at the completion of any assignment that terminates within the pilot’s R-day. Such contact shall be within 30 minutes after block-in if the assignment was a trip or within 30 minutes after the conclusion of any other assignment (e.g., simulator).
i.If a pilot, other than a pilot who has completed a base simulator support event, is not given another assignment for that duty period, the pilot shall be released for a minimum rest period of 10 hours;
ii.p.355 A pilot who has completed a base simulator support event may not be given another assignment for that duty period, and shall be released for a minimum rest period of 12 hours.
g.Reduced Availability Situations
A reserve pilot shall be available for assignment notification during the pilot’s notification window, except as follows:
i.CRS may release a reserve pilot for a specified period of time during a reserve period.
ii.If a reserve pilot has been given an assignment, the pilot is not required to be available prior to showtime for that assignment in the RP in which that assignment is scheduled to begin.
4.First Fly
A reserve pilot shall have the ability to be assigned trips on a “first fly” basis for an R-day(s) by indicating a first fly election through VIPS no later than 0900 LBT one day prior to the beginning of the first R-day to which first fly will apply. A pilot’s submission may include a submission for a specific activity or a general submission that includes limitations (e.g., west coast, weekend layover, no critical duty, specific layover(s) cities, front/mid/backend deadheads) regardless of the current availability of the activity. A pilot’s election of first fly shall apply for the purposes of trip assignments only (not to base standbys or base simulator support events, although such pilot may be assigned to those in the normal, non-first fly assignment order). A pilot’s first fly election shall be effective until withdrawn. A pilot may withdraw the pilot’s first fly election, through VIPS, prior to 0900 LBT one day prior to the effective date of the withdrawal. Any first fly assignments already made shall remain assigned. A separate “first SIM” election shall be available for pilots through VIPS with the same parameters as a “first fly” election.
5.Reserve Leveling
a.A reserve pilot’s leveling position at the beginning of a bid period shall be zero.
b.A reserve pilot shall accrue leveling credit as provided in Section 4.
c.CRS shall maintain the following reserve assignment lists for each crew position:
i.RP-A
ii.RP-A+
iii.RP-B
iv.RP-B+
v.RP-24
vi.For crew positions that have multiple Report Statuses for the same Reserve Period (e.g., RP-A):
(a)p.356 Pilots will be leveled according to their Report Status (e.g. a pilot on RP-A with a R-1.5 report status will be leveled separately from a pilot on RP-A with a R-3 report status).
(b)Pilots in the same Reserve Period with multiple Report Statuses shall be considered as one group (e.g., R-1.5 pilots will be counted together with R-3 pilots as a single group of available RP-A pilots) for the purpose of Reserve Forecast modeling and Max Open Time (e.g., Section 25.L.2. and N.4.a.).
d.The reserve assignment lists shall be updated, and may be viewed by pilots in VIPS, as provided in Section 25.A.7.
e.Reserve assignments shall be made in order of reserve leveling except as provided otherwise in Section 25.K. (advance reserve assignment) and 25.M.6. (reserve open time assignments).
f.A pilot who completes training and has R-day(s) on the pilot’s custom line shall begin the R-day(s) at zero leveling.
6.Reserve Assignment Options
Reserve assignments shall be made as follows:
a.Trips and base standbys with 60 hours TAFB or less, and base simulator support events shall be assigned in leveling order as follows:
i.In seniority order among those who have selected First Fly; then
ii.The reserve pilot with the lowest leveling position within the RP and same report status (and sufficient R-days to perform the assignment) shall be assigned first (i.e., a pilot will not be skipped to optimize the use of another pilot’s reserve days remaining).
iii.If two or more pilots have the same leveling position, assignments shall be made in inverse seniority order.
iv.A reserve pilot shall be given the reserve assignment with the highest credit hour value for which the pilot is legal at the time of assignment.
b.Trips and base standbys in excess of 60 hours TAFB shall be assigned as follows:
i.Those who have selected First Fly will be given priority consideration in seniority order.
ii.Among those reserve pilots in a given RP whose availability duration (in R-days) most closely matches the duration of the assignment, the reserve pilot with the lowest leveling position shall be assigned first.
iii.p.357 If two or more pilots have the same leveling position, assignments shall be made in inverse seniority order.
iv.A reserve pilot shall be given the reserve assignment with the highest credit hour value for which the pilot is legal at the time of assignment.
c.The Company may assign a reserve outside of leveling order to satisfy FAR minimum block hour requirements following training for a new crew position, and pilot proficiency requirements. The pilot shall also have the ability to submit a PDO bump to satisfy such requirements, as provided in Section 25.L.11.a. Such submissions shall be granted if CRS determines that the pilot is not on target to meet proficiency or consolidation requirements and that the trip requested is an appropriate means of addressing that issue.
d.In the event that a reserve pilot is assigned a base simulator support event (as provided in Section 25.L.15.), in normal leveling (non-“first SIM”) order, the pilot may elect to “pass down” that assignment to a pilot lower on the leveling list. If all eligible reserve pilots have elected to “pass down” a base simulator support event, such activity shall not be assigned to a reserve.
e.No reserve pilot shall be scheduled for more than one base simulator support event in a single duty period.
f.If a reserve pilot shows for the pilot’s assignment (other than base simulator support) and is removed, the following shall apply:
i.the pilot may be assigned to another trip, assigned to a base airport standby, or released for a legal rest period.
ii.If the pilot is assigned a base airport standby, the pilot’s duty period shall begin at showtime of the pilot’s original reserve assignment, or the beginning of the base airport standby, whichever is earlier. If the pilot is not given an assignment during the standby period, the pilot shall be released until the pilot’s next scheduled activity.
g.If a reserve pilot returns to base from a trip, and does not have another assignment in that duty period, the pilot may either be assigned to another trip that falls within the pilot’s scheduled duty limits, or released for a legal rest period.
h.To facilitate reserve assignments, CRS may remove 1 R-day from the beginning or end of a subsequently scheduled block of R-days in the same bid period and add that day to the end of a reserve pilot’s current block of R-days in order to complete a reserve assignment. No more than 1 R-day per line, per bid period, may be moved without a pilot’s approval. A reserve trip must begin on an originally scheduled R-day. A pilot subject to the provisions of this paragraph shall receive 3 CH disruption pay in addition to p.358 the pilot’s RLG. This paragraph shall not apply unless the reserve assignment could not be assigned to an exact availability match, or to a reserve whose availability is one day greater than the assignment’s duration (i.e., “best fit +1”), as provided in Section 25.M.6.b.ii.
i.A reserve pilot may be offered an assignment scheduled to extend beyond the end of the pilot’s block of R-days. The acceptance of such an assignment is at the pilot’s option. If the pilot accepts the assignment, the portion of the trip that extended beyond the pilot’s scheduled block of R-days shall be compensated as provided in Section 4.H.9. (150% calculated like carryover trip), and the pilot’s responsibility for the pilot’s remaining R-days on the pilot’s reserve line shall continue. The Company shall provide a means for a pilot to declare to CRS the pilot’s willingness to accept such an extension, in local base day increments.
N.Volunteer (VLT)
1.Volunteer Submissions
A pilot may submit for a VLT assignment through VIPS.
a.A VLT submission shall include the date(s) the pilot is available for a VLT trip or base standby.
b.A VLT submission shall have the ability to include limitations (e.g., no late call, west coast, weekend layover, no critical duty periods) or may designate a specific assignment, if available.
c.A VLT submission may be withdrawn or modified prior to assignment.
d.A pilot shall be available for notification of a VLT assignment beginning 1:30 hours prior to the day on which the pilot is submitting for a VLT assignment. A pilot submitting for a VLT assignment shall be prepared to show for an assignment in 1:30 hours unless specified otherwise in the pilot’s VLT submission.
e.If a pilot’s VLT submission contains no limitation on the length of assignment, the pilot may be given any VLT assignment that does not conflict with a subsequent assignment on the pilot’s line.
f.A pilot shall be responsible for any VLT assignment that complies with the pilot’s VLT submission.
g.A pilot who holds a pay only line, except a pilot in ITU, may not accept a VLT trip or standby during that bid period.
2.Volunteer Assignment
VLT assignments shall be made during the open time assignment window provided in Section 25.G.3. as follows:
a.p.359 VLT submissions prior to 0900 LBT shall be considered before those submitted after 0900 LBT.
b.VLT assignments shall be made based on the number of VLT credit hours earned in the preceding 180 days. Pilots with the least number of VLT credit hours shall be assigned first. If two or more pilots have earned equal VLT credit hours, the most senior pilot shall be assigned first.
c.A pilot’s submission for VLT assignment on multiple days shall be effective unless withdrawn by the pilot.
Example:
A pilot submits for VLT on 4 consecutive days, and is assigned a VLT trip on days 1 and 2. The pilot remains eligible for VLT assignment(s) on days 3 and 4 unless the pilot changes the pilot’s submission.
3.Volunteer Limitations
The following limitations apply to VLT assignments:
a.A pilot shall not submit for a VLT assignment on a day(s) on which the pilot has dropped a trip, however, the pilot shall have the ability to fly a DRF trip.
b.A pilot shall not be given a VLT assignment that conflicts with another scheduled activity (e.g., trip, R-day, training, vacation) or that the pilot is not available or legal to operate.
c.The Company may limit a pilot’s VLT flying if it anticipates that the pilot would exceed FAR or contract limitations for future scheduled duty.
d.A pilot’s eligibility for a VLT trip that operates during a portion of the pilot’s substitution window shall be governed by Section 25.H.8.
e.[Reserved]
f.A VLT pilot is not eligible for substitution.
g.When a VLT assignment is revised prior to block-out and does not meet the pilot’s stated limitations in Section 25.N.1.a. and b., such VLT pilot shall be removed from the assignment and shall be compensated as provided in Section 4.Q.2.
4.Advance Volunteer Assignment (AVA)
The Company may advance assign a VLT trip prior to the open time assignment window subject to the following:
a.AVA shall be available and assigned to all eligible pilots beginning 7 days prior to showtime for that assignment, based on the reserve forecast.
b.p.360 A trip is eligible for AVA assignment:
i.except as provided in Section 25.N.4.b.ii. below, only if the trip has a showtime:
(a)between Thanksgiving Day and December 31; or
(b)during a bid period in which the Company has requested voluntary vacation cancellations in the pilot’s crew position; or
(c)during a bid period in which the Company has involuntarily canceled a vacation in the pilot’s crew position; or
ii.if the trip touches:
(a)New Year’s Day
(b)Super Bowl Sunday
(c)Easter Sunday
(d)Memorial Day
(e)Independence Day
(f)Labor Day
(g)Halloween
(h)Thanksgiving Day
(i)Christmas Eve
(j)Christmas Day
(k)New Year’s Eve
During the periods referenced above, all AVA submissions shall be deemed to be within the acceptable limits of the reserve forecast model and thereby approved.
c.A pilot shall not submit for any AVA assignment on a day(s) formerly covered by a trip for which the pilot was scheduled and subsequently removed via bid line adjustment as provided in Sections 25.L.3.a. (Dropping Trips and R-days), L.3.d. (Contingency Bid Line Adjustment), and L.8. (Trading with Open Time).
O.Draft (DRF)
1.A pilot may elect to receive text message and/or crew notification solicitations for DRF assignments. The texts will be made to a number specified by the pilot.
2.If, at the time of the text solicitation, there are more than 4 hours until showtime of the available trip(s), pilots will have 15 minutes to respond to the solicitation. CRS will make the DRF assignment(s) among those pilots who responded during the 15 minute window who are legal and available for the assignment. The assignment(s) shall be made based on the number of DRF credit hours earned in the preceding 180 days. Pilots with the least number of DRF credit hours shall be assigned first.
p.361 If two or more pilots have earned equal DRF credit hours, the most senior pilot shall be assigned first.
3.If, at the time of the text solicitation, there are less than 4 hours until showtime of the available trip(s), CRS will process responses in the order they are received.
4.A pilot shall have the ability to fly DRF at any time during the pilot’s time off (including during the time of a dropped trip or refused substitution).
5.A DRF pilot is not eligible for substitution.
6.When a DRF assignment is revised prior to block-out and would otherwise be eligible for substitution, such DRF pilot shall be removed from the assignment and shall be compensated as provided in Section 4.Q.2.
P.Management Assignment
If an open time trip cannot be assigned to a line pilot as provided in Section 25.G., except for substitution, that trip may be assigned to a management or supervisory pilot during the period of 9 hours prior to showtime for a domestic trip or 13 hours prior to showtime for an international trip.
Q.Base Replacement Assignment
1.The Company may remove a pilot from the pilot’s assigned trip and assign the pilot as a base replacement to another trip when CRS determines that the assignment of that trip as provided in Section 25.G., would cause a departure delay.
2.When it is necessary to assign a base replacement trip, CRS shall identify the pilots in the applicable crew position who are appropriate for that assignment. If time permits, a base replacement trip shall be offered to those pilots in seniority order. If time does not permit, the assignment may be offered to one or more of those pilots in any order. A pilot may accept or reject a base replacement trip; provided, however, that when necessary, the Company may involuntarily assign that trip.
3.If a pilot’s base replacement trip is canceled, the pilot shall be reassigned to the pilot’s original trip, if available, and if not, the pilot shall be released.
4.If a reserve pilot is reassigned under the circumstances described in Section 25.Q.1., the pilot shall not be considered to be on a base replacement trip.
R.Field Emergency Assignment
1.The Company may offer a field emergency assignment to a pilot not currently on a trip to replace another pilot who is unable to complete the pilot’s trip in progress, if that pilot cannot be replaced as provided in Section 25.G.
2.p.362 A pilot shall accept or reject a field emergency assignment at the time the assignment is offered.
3.A field emergency pilot shall be assigned a trip that is constructed in the following way. The trip shall:
a.originate at the pilot’s base;
b.position the pilot to the aircraft’s location;
c.operate the required flight(s); and
d.return to the pilot’s base.
4.A field emergency pilot shall be provided the pilot’s choice of business jumpseat or an appropriate class of deadhead travel, as provided in Section 8.A.3., to return to the pilot’s original point of departure at the completion of the trip.
S.Trip Revision
1.The Company may revise a pilot’s trip at any time in accordance with other provisions of this Agreement.
2.Trips in the following pay codes are eligible for disruption compensation: TRP, SON, SWP, SMU, M/U, MUV, MUD, MUS, PDO, PNP, AFB, PRO, RSV (for R-24 pilots), and CIA. If a pilot’s eligible trip results in a disruption, the pilot shall receive disruption pay, as provided in Section 4.W., in addition to all other compensation for that trip. The pilot must operate the disruption in order to receive the corresponding pay.
a.Landing Disruption
A disruption(s) is created if a trip is revised such that the number of actual landings during the trip exceeds the number of landings scheduled when the trip was awarded/assigned. Each additional landing shall result in a separate disruption. For purposes of this paragraph, landings are counted if:
i.the pilot was a member of an operating crew during the landing (i.e., not deadheading or jumpseating); and
ii.the landing did not occur in any of the following circumstances:
(a)as the result of a diversion due to a maintenance problem on the aircraft the pilot was operating or weather that prevented the pilot from landing at the scheduled destination;
(b)during a standby sequence;
(c)during a duty period that was paid as an extra duty period as provided in Section 4.Y.;
(d)as the result of a deadhead at the beginning or end of a trip being revised to operate back to base. If this occurs, p.363 the first two landings resulting from that change shall not count toward the actual landing total; or
(e)on a flight identified in the bid period package as a sweep flight. For purposes of this paragraph, no more than 10% of the flights in a particular bid period package (e.g., MD- 11 MEM), may be designated as sweep flights.
b.Duty Period Disruption
A duty period is disrupted if one or more of the following events occurs:
i.a trip was originally scheduled with one layover, and is rescheduled so that the trip has no layover (i.e., trip with one layover rescheduled to an out and back).
ii.a deadhead at the beginning or end of the trip is deleted (i.e., trip revised to operate out of base instead of deadhead or trip revised to operate to base instead of deadhead to base) on a trip that was originally scheduled with revenue flights.
iii.a standby of any length is added immediately prior to (and in the same duty period as) an originally scheduled deadhead at the beginning or end of a trip.
iv.a standby period is added to a duty period for reasons other than:
(a)maintenance on the pilot’s specific flight (Section 12.A.8.b.) during that duty period; or
(b)weather (e.g., snow, ice) that occurs:
(1)within the pilot’s duty period; and
(2)at the pilot’s departure or destination city, or in the pilot’s flight path.
c.Layover Changes
i.A layover change disruption for a trip occurs when a layover as awarded/assigned is:
(a)rescheduled to occur in a different city, as determined by the airport identifier; or
(b)cancelled,
ii.The following are not considered a layover change:
(a)a change between hotels in the same location; or
(b)a change between cities that are determined by the SIG to be co-terminal (e.g., MIA, FLL); or
(c)cancellation of a layover for a trip with one layover which becomes an out and back with no layover (this is a duty period disruption under Section 25.S.2.b.i.); or
(d)p.364 a multiple layover trip has fewer layovers due to returning to base more than 12 hours earlier than awarded/assigned.
d.Crew Designation Disruption
A crew designation disruption occurs for each flight in which a pilot who was awarded/assigned a designation as a Standard Crew member is reassigned by the Company and operates as a Relief Pilot, or vice versa.
e.Out-and-Back Disruption
An out-and-back disruption occurs when a trip scheduled as an out-and-back (same duty departure and return to base), as awarded/assigned, actually operates as an out-and-back but not to the original outstation(s), as determined by the airport identifier.
f.Single Layover Disruption
A single layover disruption for a trip occurs if a domestic trip (including a Section 12.D.1.c.i. or ii. trip), as awarded/assigned, is scheduled for a single layover but actually operates as a domestic trip with a single layover to a different airport, as determined by the airport identifier.
g.Day to Critical Disruption
For trips originally scheduled entirely under Section 12.C. (Domestic Provisions), a day to critical disruption occurs if more than half of the original scheduled revenue duty periods in a trip began in the day duty period and did not touch the critical period, and more than half of the revenue duty periods in the trip, as operated, touch the critical duty period.
3.The Company shall make reasonable efforts to return a disrupted pilot to the pilot’s original trip at the earliest opportunity.
Example: A hi-mins pull from IND hub turns will be returned at the earliest opportunity to the Captain’s original flight sequence. International point to point flight sequences ordinarily will not be rebuilt, nor will a deadhead be inserted to return a pilot to the pilot’s original trip.
T.FAR Extensions
If a pilot’s duty period is extended beyond operational limits (as provided in Section 12.C.5. or 12.D.6.), by the Vice President, Flight Operations, or designee, or the pilot voluntarily extends beyond such limits as provided in Section 12.D.6.b.ii., such pilot shall receive FAR extension pay in addition to all other compensation as provided in Section 4.X. (FAR Extension Pay).
U.Bumping for Training
1.A pilot may be removed from the pilot’s trip, or a portion thereof, for required training of another pilot. The pilot shall be notified of the pilot’s p.365 removal as far in advance as possible, but not later than 15 hours prior to showtime. The pilot may waive such minimum notice.
2.If a pilot is bumped from the pilot’s entire trip to facilitate the training of another pilot, the pilot shall be removed from the trip, shall have no further responsibility for that trip and shall earn trip guarantee. Any deadhead monies associated with the removed trip shall remain intact. If a pilot is bumped from a trip in a series of trips the pilot shall be entitled to a hotel room as an allowable deviation expense.
3.A pilot may be bumped from a portion of the pilot’s trip to facilitate the training of another pilot, consistent with the following:
a.The pilot’s original trip shall be revised to contain the portion of that trip for which the pilot is still required, based on standard trip construction practices; and
b.The pilot shall earn trip guarantee for the pilot’s originally scheduled trip and shall earn per diem and international override, if any, for the revised trip.
Example: If a duty period(s) is normally constructed with an RFO (e.g., duty periods ove r 7:35 block hours) and a First Officer is bumped to facilitate OE training, the First Officer will be kept on the RFO leg(s), because the student must leave the controls when the LCA leaves the cockpit to rest.
V.Extra Duty Period
Trips in the following pay codes are eligible for extra duty period pay: TRP, SON, SWP, SMU, M/U, MUV, MUD, MUS, PDO, PNP, AFB, PRO, RSV (for R-24 pilots), and CIA. If the actual number of duty periods operated in a pilot’s eligible trip exceeds the number of duty periods scheduled when the pilot was awarded the trip, the pilot shall be compensated extra duty period pay (3:30 CH at the pilot’s normal pay rate for each additional duty period), in addition to all other compensation, as provided in Section 4.Y.
Extra duty periods shall be determined in accordance with the following methodology:
1.Pair scheduled duty periods with actual duty periods based on departure city and final arrival city in that duty period;
2.If all scheduled duty periods can be paired with actual duty periods using Section 25.V.1., then all unpaired duty periods are “extra duty periods;”
3.If a hotel standby exists between legal rest periods, and was not otherwise paired as above, it will be designated an extra duty period;
4.If all scheduled duty periods cannot be paired with actual duty periods, the unpair ed actual duty period with the longest actual duty is the first extra duty period. This process shall continue until the number of actual p.366 duty periods remaining equals the number of originally scheduled duty periods.
W.Special International Bid Award (SIBA) and Special Bid Award (SBA)
1.When regulatory constraints or operational considerations in a foreign location (e.g., availability of entry visas, training considerations), merit the maintenance of a limited number of qualified pilots dedicated to certain specified international flying, the Company may establish a SIBA in the Memphis pilot domicile from which to conduct that flying. When a SBA is established for certain specified flying entirely within the United States, it may only be for the purposes of FRMS study pairings, military charter, or as otherwise agreed to by the Company and the Association’s MEC Chairman.
2.A SIBA/SBA shall be located at the Memphis pilot domicile and shall consist of the specified flying, constructed into regular, secondary, and reserve lines. SIBA/SBA lines of flying shall consist primarily of the specified flying; however, limited amounts of other flying may be used to ensure proper balance in line construction and pay parameters.
3.Pilots bidding for the SIBA/SBA must be current and qualified, have no weather qualification restrictions and hold the crew position in the Memphis pilot domicile designated by the Company for that specified flying. Bid awards to the SIBA/SBA shall be determined in seniority order based on the seniority of the pilots in the Memphis bid pack for the designated aircraft type. If a SIBA/SBA remains unfilled, it may be assigned to the most junior qualified pilot holding the appropriate crew position. An inverse assignment shall be for the duration of the posted SIBA/SBA. A pilot shall not be inversely assigned to a SIBA/SBA more than once in any 14 month period unless all more senior pilots eligible to bid for the SIBA/SBA have also been inversely assigned to the SIBA/SBA. Inverse SIBA/SBA assignments shall not apply to FRMS study pairings.
4.Qualified pilots who are awarded SIBA/SBA shall be obligated to bid and fly in that SIBA/SBA for up to three consecutive bid periods. SIBA/SBA lines shall be awarded in seniority order among pilots in the SIBA/SBA.
5.Any special training required for the SIBA/SBA flying, (e.g., ground school, line familiarization), shall be accomplished before or during the first trip of the first bid period associated with that SIBA/SBA, as scheduled by the Company.
6.International override and per diem associated with a SIBA shall be paid in accordance with Sections 3 and 5, and shall accrue on a trip by trip basis.
7.A pilot awarded a SIBA/SBA, who bids on and is awarded or assigned to another crew position, shall be released from the pilot’s SIBA/SBA award during the bid period(s) in which the pilot’s training for the new crew position occurs.
X.p.367 Service in the Uniformed Services (Less than 31 Days)
1.The parties recognize that issues regarding the sharing of pilot resources between the Company and the various branches of the uniformed services are important concerns for both the Company and its pilots with service obligations. The parties pledge their mutual cooperation when dealing with periods of service and re-employment issues as they might affect both the Company and its pilots. The Company and Association’s Military Affairs committee shall endeavor to work cooperatively to minimize and resolve issues involving pilots and their service in the uniformed services.
2.The Company shall consult with the Association’s Military Affairs committee prior to publication of Company guidelines concerning short-term periods of service.
3.A pilot whose period of service conflicts with an already scheduled flight activity shall have those activities dropped without pay and eligible for make-up. B-plan contributions shall be made to the pilots for service period conflicts as if those hours were flown by the pilot.
4.A pilot may use available vacation CHs to cover the scheduled CHs in conflict with the pilot’s service, provided such use does not create a deficit in the pilot’s vacation bank.
5.Contract requirements and guidance pertaining to long-term periods of service (more than 30 days) are found in Section 13.D.
Y.Absence Due to Jury Service
1.When a pilot receives notice pertaining to jury service, the pilot shall notify the Pilot Administration Center (PAC) and provide the Company with a copy of that notice as soon as reasonably practicable, but in no event later than 3 business days following the pilot acquiring knowledge of the notice.
2.Failure to provide the PAC with timely notice of jury service and with adequate documentation from the court establishing the beginning and end of the pilot’s period of jury service shall render the pilot ineligible for pay protection.
3.A pilot whose call-in jury service (25.Y.6.b. below) is converted to in-person jury service (25.Y.6.a. below) shall promptly notify the PAC of this need to appear in-person, including all dates on which the pilot must appear.
4.A pilot who has been released from a period of jury service shall notify the PAC of such release within the next business day.
5.When warranted by operational needs (unless the jurisdiction precludes or limits deferrals/rescheduling) the Company may request of the appropriate authorities to defer or establish an alternate date(s) for a pilot’s jury service. When the Company request occurs for jury service p.368 scheduled for the month of December, if the appropriate authority provides an alternate date(s) to the pilot that does not unreasonably conflict or interfere with the pilot’s personal obligation(s), the pilot shall be required to make a good faith attempt to defer or establish an alternate date(s).
6.Jury service will be pay protected as follows:
a.For jury service in which the pilot’s personal attendance at the courthouse or other juror assembly location is required (“in-person jury service”):
i.The Company shall pay a pilot 100% of the CH value of each scheduled trip or R-day removed as a result of a conflict with the pilot’s period of in-person jury service, which period begins at the time the pilot is required to first attend court and ends upon the pilot’s release from in-person jury service by the court.
ii.If a pilot is removed from a scheduled multiple day trip in conflict with the pilot’s period of in-person jury service, the pilot shall be eligible for substitution for the portion of the trip not in conflict with in-person jury service. A pilot’s substitution window shall not include the 18 hours immediately preceding or the 8 hours immediately following the pilot’s period of in-person jury service.
iii.At the pilot’s request, the Company shall drop a scheduled trip(s) that, while not in conflict with the pilot’s period of in-person jury service (as defined above), either:
(a)ends within 18 hours of the time the pilot is required to first attend court; or
(b)begins within 18 hours of the time the pilot is released from in-person jury service.
For trips with an SCH of 12 CH or greater, the Company shall pay the pilot 6 CH for each such trip(s), with the remaining CH value of the trip(s) eligible for make-up.
b.For jury service in which the pilot is required to call the court (or check in with the court through other means) to determine whether the pilot’s personal attendance in the court room will be required in the future (“call-in jury service”):
i.The Company shall pay a pilot 50% of the CH value of each scheduled trip or R-day dropped as a result of a conflict with the period of call-in jury service, which period begins 18 hours prior to the time the pilot would potentially be required to attend court and ends as specified in the jury summons. The CH value of the dropped trip(s) or R-day(s) that is not jury p.369 service pay-protected will not be deducted from the pilot’s pay until the paycheck issued on the 15th day of the third ensuing calendar month (e.g., in case of a January bid period trip drop, the pilot’s April 15 paycheck will contain the 50% deduction). In the case of a dropped R-day, 50% of the CH value will be credited to the pilot’s RLG and to the pilot’s leveling.
ii.The remaining 50% of the CH value of each scheduled trip or R-day in conflict with the period of call-in jury service (as defined above) shall be eligible for make-up.
c.Call-in jury service that becomes in-person jury service shall be treated in accordance with Section 25.Y.3.a.
Z.Bereavement Absence
1.In the event of a death in a pilot’s immediate family (spouse, child, parent, sister, brother, father-in-law, mother-in-law, grandparent, or grandchild, including half and current step relations), the pilot, after notifying the Company of the decedent’s name, address, relationship to the pilot, and date of death, shall receive bereavement absence with pay for a maximum of 3 consecutive days. The 3 days shall begin within 7 days after the date of death. Pay for bereavement absence shall be as provided in Section 4.I.8.c.
2.Upon request, a pilot based in an FDA location shall receive an additional two days of bereavement absence without pay for the purpose of travel.
3.A pilot may receive additional days for bereavement absence, with the approval of the pilot’s Fleet Captain, by using available vacation, or by dropping trip(s)/R-day(s) eligible for make-up.
AA. Duplicate or Other Assignment Error
1.A duplicate or other assignment error occurs if:
a.a pilot is inadvertently not given an assignment to which the pilot was entitled; or
b.a pilot is notified of an assignment, through VIPS or contact with CRS, to which another pilot was entitled; or
c.multiple pilots are given the same assignment.
2.In case of a duplicate or other assignment error, the following shall apply to the pilot who should have been given the assignment:
a.If it is feasible, such pilot shall be given the assignment to which the pilot was entitled.
b.If the assignment is not given to the pilot who should have received it, (e.g., time constraints do not permit reassignment), the credit hours from the assignment shall be eligible for compensatory make-up.
c.p.370 If it is not possible to determine which pilot should have received the trip (e.g., time does not permit the necessary research), then the senior pilot shall be offered the choice of performing the assignment, or having the credit hours for the assignment deposited into the pilot’s compensatory make-up bank.
3.In case of a duplicate or other assignment error, the following shall apply to the pilot, if any, who received the assignment in error.
a.If operational circumstances permit, such pilot shall be removed from the assignment and it shall be reassigned to the pilot who should have received the assignment, as provided in Section 25.AA.2.a.
b.If the pilot removed from the trip held trip guarantee for the trip, and received notice of the assignment, through VIPS or contact with CRS, the pilot shall be eligible for compensatory make-up for the credit hours removed due to assignment error.
c.If the pilot removed from the trip did not hold trip guarantee for the trip, the pilot’s entitlement to showpay shall be determined in accordance with other provisions of this Agreement.
4.Substitution Election
Notwithstanding the above, if, as a result of a duplicate or other assignment error, a pilot is removed from a trip for which the pilot held trip guarantee, or does not receive an assignment for which the pilot would have held trip guarantee upon assignment, the pilot may elect to be placed in substitution in lieu of having credit hours deposited into the pilot’s compensatory make-up bank. Any such election must be made through direct contact with CRS when the pilot first learns of the error.
5.Limitations
a.Section 25.AA. shall not apply to pilots in substitution or reserve status.
b.Section 25.AA. shall be applied one time for each qualifying error. If a single assignment error results in several pilots receiving different trips than they would have received but for the error, the provisions of this paragraph only apply to the pilot who received the first trip in error, and the pilot who was denied the first trip due to the error.
6.Compensatory Make-Up
a.A pilot shall have the ability to submit for a compensatory make-up assignment in the same manner as for regular make-up assignments, as provided in Section 25.L.6.
b.A pilot is not eligible for a compensatory make-up assignment that exceeds the pilot’s compensatory make-up eligibility by more than 7 CH.
c.Compensation for compensatory make-up shall be as provided in Section 4.Q.7.
p.371 BB. Scheduling Improvement Group (SIG)
A.Statement of Intent
The parties agree that the construction of the pairings and lines each month can immensely affect both the Company and the pilots. The purpose of the SIG is to provide, through joint participation and cooperation, a process that promotes, to the greatest extent possible, a reasonable balance between the following competing interests of both parties.
1.For the Company, the efficiency and productivity of the pairings impact operational safety, reliability, cost, and business competitiveness that are critical for proper system and operational coordination. The flight pairing and line construction must be managed and maintained within acceptable financial and operational limits.
2.For the pilots, flight pairings and lines represent an important factor in their work environment, including the promotion of a safe and effective flight operation. Pairings and lines also contribute, along with seat position, seniority and work effort to a pilot’s income opportunities. A pilot’s work schedule and the coordination of that work schedule with other flight, travel, and operational responsibilities can impact a pilot’s ability to operate an aircraft safely.
B.Composition of SIG
The SIG shall consist of 4 members. The Company shall select two representatives, one of whom shall be a seniority holding member of Flight Management, and shall designate a SIG Chairman from the two representatives. The Association’s two SIG members shall be the MEC Scheduling Committee Chairman and Vice-Chairman or other line pilots designated by the Association.
C.Responsibilities of the SIG
1.Oversee Monthly Pairing and Line Construction Process
a.Pairing Construction
The SIG shall ensure that the pairings and lines are constructed, through coordination of the PSIT with CRP specialists. The Crew Planning Department shall build the pairings. The SIG shall have oversight to ensure there is a mutually effective avenue for input into the pairing construction process between the PSIT and CRP Specialists.
i.Manage Pairing Generation
(a)The SIG shall work with the Company to produce and develop the parameters that are input into the pairing generator. The Company and the SIG shall work jointly to utilize and manage pairing generation to produce safe, legal and reliable trips that are both flyable in terms of quality of life and cost effective. The Association SIG p.372 shall be provided with access to the Company fatigue modeling software for the purposes of evaluating domestic pairings.
(b)If the Company develops or purchases software including new or different functions for use in pairing generation, the Company shall notify the Association SIG members in writing, at least 45 days prior to using such software in the pairing generation process. The Company shall take input from the Association SIG members regarding the application of such software. The Association SIG members may dispute new functions.
(c)Upon request by the MEC Scheduling Chairman, the Company shall advise the Association SIG members of significant changes in the settings of existing functions that led to a particular solution.
(d)Within 30 days of the effective date of the Agreement, the Company shall provide the Association SIG members with a list of each function used in pairing generation and a description of its purpose. Subsequently, this list shall be provided upon request of the MEC Scheduling Chairman.
ii.Pairings Conference Call
The pairings conference call shall provide the opportunity for PSIT and the Association SIG members’ input of needed repair and design changes. The MEC Scheduling Chairman will designate a lead PSIT member for each base (or at the election of the MEC Scheduling Chairman, each equipment type), who shall be the primary spokesperson for the pilot’s subgroup on the conference call. The pairings conference call shall include:
(a)the SIG members, or their designees;
(b)the participating members of the PSIT and Reviewers, as designated by the MEC Scheduling Committee Chairman; and
(c)appropriate Company employee(s) involved in pairing and line construction.
iii.Pairing Variety
The Company recognizes that having an assortment of pairing lengths (e.g., 1 day, 2 day, 3 day, 4 day, and longer pairings) facilitates trip trading and provides a variety of choice in regular lines. While pairing solutions inevitably change along with the business, the Company will ensure that, from the perspective of the overall FedEx Flight Operation, there is a p.373 selection of trip lengths available for pilots to bid and fly (e.g., some trip lengths may only be available in certain fleets and bases and not others, etc.).
b.Line Construction
The SIG shall manage the PSIT participation in the line construction and dispute process.
c.Evaluation Criteria
The SIG shall evaluate both pairings and lines with regard to their impact on safety (e.g., consideration of circadian rhythm disruptions, compounding effects of fatigue, etc.), reliability, reasonable crew desires, and cost effectiveness.
d.Bid Pack Production Timeline
Unless otherwise agreed by the MEC Scheduling Chairman and the SIG Chairman, or unless prevented by circumstances beyond the control of either party, the following timeline shall be observed for the construction of the bid period package. Target dates and “Not Later Than” (NLT) dates are measured from the target date for publication of the bid period package:
i.The timeline for delivery of the preliminary pairings to the PSIT and reviewers shall be:
ii.The timeline for the pairings conference call shall be:
iii.The timeline for the delivery of the final pairings to the PSIT and reviewers
iv.The timeline for the publication of the bid period package shall be:
e.Management of SIG Parameters
The SIG shall work to ensure that the collection of SIG parameters are effective in guiding pairing generation so that the automated solutions further the goals for the SIG process as outlined in Section 25.BB.A. To facilitate this process, there shall be two types of SIG parameters—hard parameters and soft parameters, both of which are applicable in the bid period package construction process.
i.p.374 The Company must apply hard parameters in the bid pack construction process unless the Vice President, Flight Operations and the MEC Chairman agree otherwise in writing. Any such agreement may contain conditions and/or limitations, as mutually agreed between the V.P. and the MEC Chairman.
ii.The Company may override a soft parameter(s), provided it gives at least 45 days written notice, prior to the delivery of the preliminary pairings, of its intent to do so and the reasons therefore. This notice shall be sent to the MEC Scheduling Chairman. The Association may dispute the Company’s decision via the VP/MEC Chairman track for resolution of disputes as described in Section 25.BB.G. Other soft parameters may be added by agreement of the Association and the Company.
2.Manage the Pilot Scheduling Improvement Team (PSIT)
a.Composition of PSIT
A primary PSIT member participates directly in the bid period build process and is compensated as such in any given bid period. A back-up PSIT member is a fully trained member assisting the primary(s) in a given bid period through trip review and conference call participation. The roles are rotational and are scheduled by the MEC Scheduling Committee chairman. PSIT members shall be line pilots selected by the Association with the consent of the Company, which shall not be unreasonably withheld.
b.Number of PSIT members
The number of primary PSIT members per base shall be predicated on the crew position with the most lines and on the line count for three consecutive bid periods. There shall be:
i.1 primary PSIT member if the number of lines is 100 or less;
ii.2 primary PSIT members if the number of lines is between 101 and 350;
iii.An additional primary PSIT member for each increment of 250 lines (e.g., the third PSIT member is added at 351 lines, the fourth is added at 600 lines, etc.); and
iv.There shall be one back-up PSIT member for each base, which shall be increased by one for each 300 lines, measured in the same manner as for primary PSIT members.
Example: Suppose there are 280 Captain lines in the Memphis MD-11 base and 320 First Officer lines in that base. The number of back-up PSIT members is 2, since the number of lines is more than 300. When the number of MEM 11 F/O lines reaches 351 for three consecutive bid periods, the number of primary PSIT members assigned to the MEM 11 base shall increase to 3.
i.The PSIT shall report to the SIG and shall perform its duties consistent with the goals outlined for the SIG/PSIT process, as set forth in Section 25.BB.A.
ii.The PSIT shall participate each bid period in the conference call and other joint meetings called to provide constructive input into trip and line construction. Such input shall include, but not be limited to, pilot fatigue issues, weather anomalies, factors which cause variations in actual versus scheduled duty times, air traffic control delays, and other operational considerations related to the flight schedule.
iii.The PSIT shall provide the SIG and flight management with constructive feedback received from line pilots with regard to trips and lines for the purpose of performing the functions within the purview of the SIG/PSIT.
3.Coordinate Cross Divisional Cooperation in Schedule Construction
a.Scope of Required Coordination
The construction of the monthly flight schedule is influenced by numerous groups within the Company. Promoting the closest practical coordination between the core groups responsible for the final airline schedule is essential to accomplishing the goals stated in Section 25.BB.A. The groups most directly involved in affecting the published flight schedule are: Global Network Planning, Crew Resource Planning, Flight Management, GOC, CRS; Aircraft Acquisitions, Charter Operations, and Flight Safety.
b.Quarterly Cross-Sectional Meeting
i.To facilitate cooperation between these different areas of the Company which impact pilot schedule construction, and to promote a greater level of mutual understanding, unless otherwise agreed by the MEC Scheduling Chairman and the SIG Chairman, the parties shall meet each calendar quarter with designated representatives from each of the above areas to review, discuss, and share information in an attempt to foster a better understanding of the problems faced by both the Company and the pilots. The SIG Chairman will conduct the meeting. To the greatest extent possible, this group will mutually resolve concerns about flight schedules. At this quarterly meeting, the parties shall also discuss any upcoming changes that are likely to impact the future quarter’s flight schedules, so that problems and disruptions accompanying the changes in constructing future flight schedules can be anticipated and minimized.
ii.p.376 Unless otherwise agreed by the MEC Scheduling Chairman and the SIG Chairman all SIG members shall attend and participate in the quarterly cross sectional meetings and shall work together to recommend jointly to flight management ways in which future schedules can be improved or adjusted. Recommendations to Flight Management shall be in writing and approved by all members of the SIG.
4.Participate in Development of New Software/Hardware
The SIG shall have regular input into the process of purchasing or developing any new software or hardware that will be used to construct pairings and/or lines. Additionally, if the Company modifies computer systems that pilots use to interface with CRS or CRP (e.g., display of reserve leveling lists, display of open time, input screens, etc.), the SIG shall have input into such modifications.
5.Communications
General communications to the crew force about the SIG activities and its accomplishments shall be mutually agreed to and jointly reviewed by the Company and the Association before publication, with appropriate consideration for confidentiality.
6.Provide SIG Input and Feedback on Ancillary Issues
The MEC Scheduling Chairman shall have the ability to provide input into the percentage of credit hours left in open time to facilitate trip trading, and into the process for constructing reserve and secondary lines. The MEC Scheduling Chairman shall also have the ability to provide feedback regarding any revisions or the creation of flying outside the bid period package process.
7.Staffing Consultation
The Association SIG shall be consulted regarding the staffing for each crew position, for the purposes of Section 25.E.5., and shall be provided that determination monthly with the distribution of the monthly Final Pairings.
8.Known Reserve Days (Section 25.A.4.)
a.Prior to the release of each bid period package, CRP shall provide the Association SIG the following for each crew position:
i.The planned number of reserve days; and
ii.RP and block size distributions of those reserve days not built into published reserve lines, which shall be representative of the RP distribution of the published reserve lines.
b.At the beginning of the Build Week (SIG In-Brief), for each crew position, the SIG shall be provided the previous bid period’s actual total reserve coverage (i.e., total reserve coverage after secondary line construction). If the actual total reserve coverage for a p.377 crew position exceeds the planned coverage for two consecutive bid periods, the SIG shall adjust the planned number of reserve days accordingly for the following bid period.
D.Access to Information and Confidentiality
1.Flight Operations Plans and Analysis shall provide all members of the SIG such information in the Company’s possession, as mutually agreed between the Company and the SIG, which is necessary to perform the SIG’s tasks. At a minimum, this information will include the following data in a mutually agreed upon format:
a.A daily report of all trips that exceeded the operational on-duty or block limits, including trip number(s) and the reasons for the extension(s).
b.A bid period report of all trips that exceeded the scheduled on-duty or block limitations, including, at a minimum, the trip numbers.
c.A bid period report that identifies trips flown by number, frequency of occurrence, CH value and assignment code. This information shall be available only on Company property unless otherwise agreed by the Vice President, Flight Operations or designee.
d.Sick leave utilization by crew position, for each bid period.
e.Reserve utilization by reserve period type, by crew position, for each bid period.
f.Volunteer and Draft incidence by crew position, for each bid period.
g.Actual block hours by crew position, for each bid period.
h.Actual credit hours by crew position, for each bid period.
i.Block hour distribution by crew position, for each bid period.
j.All revisions of specific trips, made viewable by Association SIG members
k.A report, by occurrence, detailing the reason for and the frequency of business necessity deadheads on a Company aircraft, chartered jet carrier, Company corporate business jet aircraft or on a scheduled U.S. certificated air carrier operating under FAR Part 135. All members of the SIG shall be notified of the reasons for any action by the end of the next business day.
2.The SIG, PSIT, and reviewers recognize that they may be entrusted with information not generally made available to line pilots, or to the public, that constitutes confidential information, in which the Company has a significant and valuable proprietary interest. This information shall be kept confidential and shall not be published nor shall it be distributed outside the Company to any third party for any purpose, without the express written permission of the V.P. of Flight, nor shall it be used for any purpose other than to meet SIG responsibilities outlined in this Section.
E.p.378 Initial Resolution of Scheduling Disputes – System Chief Pilot and Fatigue Risk Management Group (FRMG) Tracks
The SIG may formally dispute particular pairings in accordance with the following processes that are inconsistent with the goals and purposes established elsewhere in this Agreement, the Company’s Fatigue Risk Management Plan (FRMP), and/or the Fatigue Risk Management System (FRMS) (as administered by the Company’s FRMG). In no case shall disputes made under the provisions of this Section cause a delay in the publication of the monthly bid package.
Intent: The language regarding not creating a delay in bid pack publication is not meant to allow a “fix it next month” mentality. The process is intended to be as expedited as possible, but it will not be permitted to jeopardize the timely publication of bid packs.
1.The SIG may use the pairing dispute procedures described in this paragraph only to dispute new pairings. A “new” pairing is one which is materially different from the way the pairing was constructed in the three previous bid periods. A pairing is not new if it has been built and flown materially the same way without challenge for three consecutive bid periods after 5/31/1999. A change in a deadhead carrier or service provider (e.g., change from Delta to United or from Super Shuttle to Argenbright) shall not, by itself, constitute a material change unless such deadhead change eliminates a layover or occurs mid-pairing.
2.The SIG shall provide a written list of all disputed pairings prior to the monthly conference call/meeting and shall identify each disputed pairing and the reasons why it is unacceptable during that conference call. The Company may agree to rebuild the pairing to alleviate the concerns expressed by the SIG. The SIG may withdraw a dispute after discussion during the conference call/meeting. If, between the pairings conference call and the issuance of the final pairings, a new pairing design is built for inclusion in the bid period package, the SIG shall have the ability to dispute such new design as if it had been part of the preliminary pairing solution.
Intent: Disputed pairings shall be corrected in the current month to the maximum extent possible without delaying the process.
3.If there are pairings that remain disputed after the conference call/ meeting, the SIG shall meet and attempt to resolve the pairings still in dispute. If all such disputes are not resolved by the SIG, the SIG shall select the appropriate dispute resolution track (i.e., System Chief Pilot track or FRMG track) based on the underlying rationale of the dispute.
4.System Chief Pilot Track
a.The SIG shall present the System Chief Pilot (SCP), or designee, with the written rationale explaining why each pairing should be changed.
b.p.379 The SCP or designee shall review each disputed pairing and may direct that the pairing be rebuilt to the SIG’s satisfaction. The SIG may withdraw the dispute after the meeting with the SCP or designee.
c.If there are pairings that remain disputed after meeting with the SCP, or designee, the following process shall apply to each bid period package which contains disputed pairings for the immediately upcoming bid period only:
i.If the number of remaining disputed pairings in a particular bid period package does not exceed 5% of the total number of pairings in that bid period package, the disputed pairings shall not be included on bid lines without SIG approval. Such pairings shall appear in open time and shall be available for ordinary open time assignment, or for placement on a secondary or custom line if specifically requested by a pilot holding such line.
ii.If the number of remaining disputed pairings in a particular bid period package exceeds 5% of the total number of pairings in that bid period package, the SIG shall choose the pairings which shall be placed in open time as described in Section 25.BB.E.4.c.i. (i.e., up to 5% of the total number of pairings in the bid period package). The remaining disputed pairings may be built into bid lines.
iii.When calculating the 5% referenced in Sections 25.BB.E.4.c.i. and ii., a bid period package with pairings that are not identical in all seat positions shall be treated as separate bid period packages for each seat position. If a particular flight sequence which is the cause of a dispute appears in several pairings, those pairings shall count as one pairing for purposes of the 5%.
5.FRMG Track (Fatigue-Related Disputes Only)
a.If the only underlying rationale for the dispute is based on a fatigue-related concern, the dispute must follow the FRMG track.
b.The SIG shall transmit to the FERC the written rationale explaining why each pairing should be changed.
c.The FERC shall analyze the pairing for its impact on pilot alertness. At a minimum this will include the fatigue model output of the Company and Association’s fatigue modeling software.
i.The FERC shall attempt to reach consensus on a recommendation to:
(a)Have the pairing rebuilt; or
(b)Perform data collection on the pairing.
ii.p.380 In the absence of consensus the pairing will immediately be referred to the DCSC for evaluation. The DCSC shall make a recommendation to:
(a)Have the pairing rebuilt; or
(b)Perform data collection on the pairing.
iii.In the absence of DCSC consensus the pairing shall be referred to the dispute track chosen by the Association MEC Scheduling Chairman.
d.Should the FERC’s/DCSC’s recommendation be to perform data collection, then:
i.All fatigue report data gathered on the pairing shall be promptly reviewed and analyzed by the Fatigue Event Review Committee (FERC) and transmitted to the FRMG for review and consideration;
ii.The pairing shall be included in the Data Collection Steering Committee’s human performance/alertness data collection and analysis efforts;
iii.The parties may solicit feedback from pilots operating the pairing only by operation of the Collection of Human Performance/Alertness Data MOU, the Company’s FRMP, or Section 12.A.9.; and
iv.The pairing shall be studied as a Category 3 pairing as defined in Section 12.A.10.
[Note: Both parties agree not to intentionally characterize such pairings in a way that compromises the scientific validity of data gathered on such pairings until the dispute is finally resolved.]
e.At its next regularly scheduled meeting, the FRMG shall review the pairing presented to it by the SIG (including the underlying rationale for the dispute), the data and analysis of the FERC (if any) on the pairing, and the human performance/alertness data collected from pilots operating the pairing since initiation of the FRMG track. To the extent that preliminary or final analyses of those human performance/alertness data are available, those analyses shall also be presented to the FRMG. The SIG may withdraw the dispute after presentation to the FRMG.
f.During the FRMG’s review of the pairing, the FRMG’s focus shall be on whether the pairing under review is consistent with the goals of the Company’s FRMP and/or FRMS and shall consider only whether the pairing under review is constructed with appropriate consideration of cumulative and transient fatigue. After completing its review, the FRMG may either:
i.Approve the pairing as designed by the Company;
ii.p.381 Direct that the pairing be rebuilt; or
iii.Conduct an enhanced review of the pairing.
g.If the FRMG decides to conduct an enhanced review of the pairing, the enhanced review period (ERP) shall be 3 bid periods in duration. The FRMG may consider revision of the pairing at any time during the ERP. At the end of the ERP, the FRMG may extend the ERP up to an additional 3 bid periods.
h.In addition to any human performance/alertness data and fatigue report data gathered from pilots operating the pairing during the FRMG’s review, the FRMG shall also consider the manner in which the pairing is assigned (e.g., BLA, reserve, standby, etc.), the relative seniority of pilots assigned to the pairing, the turnover of each pairing (e.g., dropped, sick, etc.), and the operational history of the pairing (e.g., operational revisions, extensions, etc.).
i.During the FRMG review process, the members of the FRMG shall attempt to reach consensus. If the members of the FRMG reach consensus, that decision shall be final. If the members of the FRMG are unable to reach consensus on an issue, the matter shall be jointly presented to the Vice President, Flight Operations within 5 business days of the FRMG meeting. The Vice President shall render a written decision within 5 business days of the presentation of the matter. The Vice President shall send copies of the decision to the members of the FRMG. If the Association disagrees with the decision, it may appeal the matter to the Senior Vice President of Flight Operations, whose decision shall be final.
6.If a pairing routinely goes into operational limits that pairing shall be rebuilt.
7.If the Association SIG members elect to pursue the dispute further they shall choose between the mutually exclusive processes described in Section 25.BB.F. and G. If the Association SIG members do not choose a dispute track after having disputed a pairing for four bid periods, the SIG Chairman may initiate the SIG Neutral track.
F.Final Resolution of Scheduling Disputes: SIG Neutral Track
If the Association SIG members elect to pursue the SIG neutral track, the following procedure shall apply.
1.Upon written request by the chairman of the SIG, the SCP shall convene a Scheduling Dispute Board. The board shall be composed of the SCP, the MEC Chairman, one Company SIG representative and one Association SIG representative.
a.The board shall meet within 5 calendar days to review appropriate data, including the flying history of the disputed pairing(s), at issue and discuss reasonable options on how the disputed pairing p.382 can be reconfigured in light of the operational requirements. Both sides shall use their best efforts to resolve the problem.
b.If the disputed pairing can be reconstructed, rebuilt or combined into another pairing so that the overall cost of the pairing is the same or essentially the same as prior to the reconstruction and the change does not compromise system form or reliability, then the pairing shall be changed accordingly.
c.Additionally, if on a recurring basis, a pairing, disputed or not, appears in open time and is routinely avoided by pilots trip trading or eligible for make-up, OTP, etc., and therefore must be assigned to a reserve pilot, the above procedure shall apply, unless the Association elects to pursue the VP/MEC Chairman track instead.
2.If a schedule construction issue(s) or pairing dispute(s) is not solved in the SIG, the quarterly meeting, or at the Scheduling Dispute Board levels, the ALPA SIG may choose to submit the dispute to an independent neutral mutually selected by both parties. The neutral shall gather facts, report findings and within 14 calendar days offer a recommendation to the Senior V.P. of Flight Operations. The neutral may recommend the course of action that the neutral finds which balances the competing needs and interests of both parties. The cost of the neutral shall be borne equally by both the Company and the Association.
3.The Senior V.P. of Flight Operations shall review the findings of the neutral within 7 business days and issue a final decision concerning the matter. That decision shall be final and shall be sent to the neutral, the V.P. Flight Ops, and the members of the SIG.
G.Final Resolution of Scheduling Disputes: VP/MEC Chairman Track
The MEC Chairman may elect to notify the Vice President, Flight Operations that the MEC Chairman is invoking the VP/MEC Chairman track regarding a particular SIG dispute. The notification shall be in writing and shall state the unresolved concerns/problems and the Association’s position. Upon receipt, the Vice President, Flight Operations shall promptly have the stated unresolved concerns/problems investigated, including a review of the process undertaken thus far regarding the dispute. After at least one bid period of flying data is gathered on the disputed pairing, the Vice President, Flight Operations shall meet with the MEC Chairman at a mutually acceptable date and time to review the results of the investigation and discuss options for dealing with the unresolved concerns/problems. Following the meeting, the Vice President, Flight Operations shall advise the MEC Chairman in writing of what actions, if any, the Company shall take to address the presented concerns.
H.p.383 Removal and Compensation of Association Members of SIG and PSIT
1.Removal
a.The Association members of the SIG shall be removed from flying at the Association’s notification as provided in Section 18.A.2.a.
b.PSIT members shall be removed from flying as provided in Section 18.A.2.b., provided such members are not requesting removal of an activity over a designated corporate holiday. Requests for removal over a holiday shall be processed as provided in Section 18.A.3., unless the build week conflicts with a corporate holiday in which case the removals shall be processed as provided in Section 18.A.2.b.
2.Compensation
a.SIG members
The Association SIG members shall receive compensation and benefits as provided in Section 18.
b.PSIT members
The primary members participating in a build month shall be compensated by the Company by being removed from scheduled activities with a standard value of 30 CH (12 CH for any FDA with fewer than 35 lines, 18 CH for any FDA with 35 to 55 lines, and 30 CH for any FDA with 55 or more lines) at the discretion of the SIG for each month that the pilot is designated to complete the pairings/line construction cycle for the pilot’s designated aircraft. Any additional credit hour value shall be reimbursed by the Association in accordance with Section 18, or the pilot shall be eligible to make up the difference. The Association shall notify the Company whether the excess credit hours are to be removed for Association business or dropped eligible for make-up. If a PSIT member is assigned to work additional days, the pilot shall be removed from scheduled activities with a value of 6 CH for each additional work day (or portion thereof), and the pilot shall be eligible to make up the difference between credit hours removed and credit hours earned for PSIT activities. PSIT members shall be entitled to OTP status for any make-up entitlement arising from this paragraph.
I.Resignation
A SIG or PSIT member may resign with notice of at least one full bid period.
J.General
1.Office Space for PSIT Members
The Company shall provide a closed office space large enough to accommodate the entire PSIT at separate work stations with all supporting equipment that facilitates the line build process.
2.p.384 SIG/PSIT Travel and Expenses
a.The MEC Scheduling Committee Chairman will provide the Company a list of the PSIT and Association SIG participants that will be building bid period packages for the following bid period. Except for PSIT members assigned to an FDA, the Company shall provide a commercial airline ticket to the SIG/PSIT members to or from Memphis for the build week and other mutually agreed SIG/PSIT work. The Association SIG/PSIT members shall have the ability to utilize their deviation banks and/or business jumpseats (or equivalent jumpseat status) to travel to or from Memphis for such activities.
b.The Company shall reimburse an Association member of the SIG or PSIT, consistent with Company policy and subject to approval by the SIG Chairman, for reasonable expenses related to such member’s SIG/PSIT duties, including, but not limited to, hotels, telephone calls, high speed internet access, transportation (car rental), and meals.
3.Reviewers
The MEC Scheduling Chairman shall have the ability to utilize designated pilots to review the preliminary and final pairings. Unless otherwise agreed by the MEC Scheduling Chairman and the SIG Chairman, the number of reviewers shall be limited to 5 per base.
4.Training of SIG/PSIT Members
The Company shall reimburse pilots for training required to be a SIG/ PSIT member. Reimbursable training is two full build weeks per trainee. Unless otherwise agreed by the Company, reimbursable training shall be limited to a maximum of two PSIT members per month with an annual maximum of eight PSIT members.
5.Unless o therwise specifically provided in this Agreement, the parties’ course of dealing with regard to soft parameters, pairing templates, etc. will not change.
Section 25, Appendix A
p.385 INITIAL SIG PARAMETERS AND STARTING VALUES
HARD PARAMETERS
The Company must apply hard parameters in the bid pack construction process unless the Vice President, Flight Operations and the MEC Chairman agree otherwise in writing. Any such agreement may contain conditions and/or limitations, as mutually agreed between the V.P. and the MEC Chairman.
Domestic
1.A pilot shall not be scheduled as a required crew member in excess of 7:35 block hours in a single duty period.
2.When an air deadhead follows flight deck duty in the same duty period, at least 1:30 shall be scheduled between block-in of the FedEx revenue flight and departure of the deadhead.
3.When an air deadhead follows flight deck duty in the same duty period, no more than 4 hours shall be scheduled between block-in of the FedEx revenue flight and departure of the deadhead.
4.Any duty period scheduled for a critical period departure(s) shall be limited to 3 departures in the critical period or afterward.
5.Trips that depart domicile in the critical period and return to domicile in the same duty period (out and backs) shall be scheduled to block-in by 10:00 am LBT.
6.The critical duty rig function shall be set at 1.0. 7. A Sunrise Sort Duty Period [as defined in Section 2: Any duty period that turns through a Sort Facility from an inbound night/critical flight segment to an outbound day flight segment] shall not be scheduled with a follow-on minimum layover of less than 18 hours prior to an operating leg, unless approved by the SIG. [Note: All currently existing, applicable pairing designs with follow-on layovers scheduled less than 18 hours shall remain approved.]
International
1.No trip shall contain more than two round trip ocean crossings. After completion of the first, the second must commence in the next duty period (i.e., the duty period immediately following the completion of the first round trip ocean crossing must contain an ocean crossing) 2. No trip shall be scheduled to have more than 5 different continental arrivals (i.e., Africa, Antarctica, Asia, Australia, Europe, North America, and South America). For purposes of this parameter a duty period that arrives on a different continent, but has a TZD of 3 or fewer shall not count as a separate continental arrival.
3.p.386 Gateway City Parameter:
a.Following entry at any airport in the United States (Gateway City) from an international location, an International Pairing shall have no more than two domestic duty periods. The combined total number of operating legs in those two duty periods shall not exceed two. In addition, there shall be no deadhead legs scheduled in the same duty period as an operating leg, and the number of air deadhead legs shall be limited to two.
b.For pairings to which International SIG parameter number 1 (maximum ocean crossings) applies, the gateway city limitation applies to the last arrival at a gateway city from an ocean crossing.
c.Prior to leaving a U.S. Gateway City to an international location, an international pairing shall have no more than two domestic duty periods containing no more than four operating legs total.
4.An international duty period shall not be constructed in excess of 7+35 block hours without at least three airmen on board (e.g., MD-11 with RFO).
p.387 SOFT PARAMETERS
The Company may override a soft parameter(s), provided it gives at least 45 days written notice, prior to the delivery of the preliminary pairings, of its intent to do so and the reasons therefore. Other soft parameters may be added by agreement of the Association and the Company.
Domestic
1.The maximum length of carryover trips for each bid period shall be 7 days in the subsequent bid period.
2.If a duty period starts in the critical period, and has three landings, such duty period shall be scheduled to block in by 1000 LBT.
3.A standby period shall not be scheduled in the same duty period as a deadhead return to base.
4.A domestic multiple day trip shall not be scheduled for a cumulative total of more than 13 landings in the duty periods that operate in the critical period, unless approved by the SIG.
International
1 If a trip operates in the Asian theatre and transit 5 TZDs or more, the final landing in any 3-leg duty period must occur between 0900 and 2000 LT for the MD11 and between 1200 and 2000 LT for the B777. 2 If a trip transits 5 TZDs or more and contains a 3 leg duty period with the last landing in mainland China (e.g., not TPE, HKG), that trip will contain at least a 32 hour layover preceding such duty. 3 [Reserved] 4 A duty that begins between the hours 0100-0459 (Local time) shall not contain the following flight sequence (IND-ORD-ANC). 5 If a trip, with an RFO, begins in ANC with a duty starting between 1500- 2300, such duty shall be scheduled for 1 landing. 6 If a pairing is scheduled with a CDG-CAN leg immediately followed by a westbound duty period of 5 TZDs or greater, then a layover of at least 36 hours will precede such westbound duty period. 7 A duty period containing an intermediate stop at CAN shall be scheduled with a maximum of 3 landings.
Section 26: General
A.p.389 Flight Data Use and Protection
1.Flight Data Pilot Protection
a.Flight Data shall not be used in or referred to in any Section 11, 15, 19 or related 20/21 proceeding, or any non-Agreement legal or administrative proceeding.
b.Flight Data shall not be used in, referred to, or constitute grounds for placement in, any Section 11 training, any Enhanced Oversight Program, or any other similar program and/or training.
c.Flight Data shall not be audited by Company Management, or designee, to evaluate or monitor the judgment or performance of an individual pilot or crew for use in a potential corrective action or performance improvement discussion, except as provided in the LPT MOU.
d.Programs that share information obtained from Flight Data for post-flight review of pilot performance shall be voluntary, and the data will only be shared with the Captain and/or F/O designated as the Standard Crew on the flight. The use or non-use by the pilot shall not be tracked. The provisions of Section 26.A.2.a. through d. apply equally to the use or non-use by the pilot of the Flight Data.
2.Company Use of Flight Data in Training Program
Flight Data may be used for the purpose of evaluating or improving the Company’s training program. In the event that Flight Data is used in a Company training program, the names of the pilots shall not be disclosed. Voices of the pilot(s) shall not be used without the consent of the ALPA Central Air Safety Committee (CASC) Chairman and all the pilots involved. Transcripts may be made and recorded by personnel to reproduce the recording.
3.Third Party Disclosure/Release
The Company shall not disclose or release Flight Data to a third party except as follows:
a.Required by law
The Company is required by law to release specific Flight Data to the National Transportation Safety Board or other authorized government agency, provided that the Company shall only disclose/ release the minimum necessary to comply with such required law. The VP of Safety shall provide written notice to the MEC Chairman prior to responding to any request or discovery in litigation seeking Flight Data.
(i)The Company may disclose/release non-audio Flight Data to a third party vendor solely for the purpose of evaluating aircraft engine or component performance, weather data, or operational analysis (e.g., analysis related to the safety, reliability, or efficiency of the airline). Information released to a third party shall be de-identified to the maximum extent possible. For new types of disclosures, unless waived by the CASC Chairman, the Company shall provide the Association with the purpose, scope, and limits for the use of the Flight Data, including the extent of the de-identification at least 15 days prior to the proposed disclosure/release. Upon ALPA’s request, the Company shall meet to consult on the proposed disclosure/release. The consultation process between the Company and the Association is intended to be a meaningful, constructive, two-way process in which the parties address the suitability of the disclosure/release and any issues of pilot concerns, including the de-identification of data.
(ii)New third party vendors receiving Flight Data shall be required to sign an agreed-upon non-disclosure agreement regarding use or disclosure/release of Flight Data to anyone other than the Company or ALPA without the written consent of the Company and the FedEx MEC Chairman.
4.There shall be no system/device/equipment/instrument installed on the aircraft for the purpose of recording video or still images of a pilot.
5.Should the Company decide to use a new program involving Flight Data, or install a type of system/device/equipment/instrument not previously utilized on board aircraft involving Flight Data, the Company shall use the process provided in Section 26.A.3.b. above. Only one notification process is required for a new program or proposed installation on more than one aircraft of a type. It is neither the intent nor the purpose of this paragraph to require notification for purposes of normal or emergency maintenance or flight test work on aircraft.
6.Flight Safety Reports will be sent only to the Flight Safety Department and the contents will only be used by the Flight Safety Department to conduct their investigation. The contents will not be shared with Flight Management or the Federal Aviation Administration (FAA).
B.Appearance, Uniforms and Accessories
1.The Company may establish and maintain reasonable standards concerning personal grooming and appearance and the wearing of uniforms and accessories. Pilots shall wear the uniform authorized by the Company.
2.p.391 A pilot shall wear the pilot’s Company identification card so as to be visible on the pilot’s outer most clothing at all times while on Company property.
3.The Company shall provide all pilots hired on or after the effective date of this Agreement with the following uniform items:
a.Pants (2 pair);
b.Shirts (5), including 2 pairs of epaulets;
c.Ties (2);
d.Blouse (1);
e.Cold-weather/foul-weather parka (1);
f.Belt (2); and
g.Other required uniform items agreed upon by the Company and the Association.
4.Each calendar year, a pilot may purchase, from a Company approved uniform vendor(s), replacements for the required uniform items listed in Section 26.B.3. and/or the optional uniform items (and quantities) listed on the Company’s approved uniform items list. This list may be adjusted from time-to-time by the Company after consultation with the Association’s Uniform Committee Chairman.
The Company’s approved uniform vendor(s) shall direct bill the Company for the pilot’s purchases, up to $200 per year, unless a direct bill arrangement is not feasible for the vendor(s), in which case the pilot may purchase items from the approved uniform vendor(s) and be reimbursed by the Company. Any purchases from the Company’s approved uniform vendor(s) over $200 per year shall be the pilot’s responsibility.
5.The recommendations of the Association shall be considered by the Company before making any change in the style, color or material of uniforms. The cost of any Company prescribed change in uniform shall be borne by the Company.
6.The Company shall provide free of charge any insignia prescribed as part of the pilot uniform. The insignia shall remain the property of the Company. A pilot shall bear the cost of replacing the insignia if lost.
7.Unless authorized by the Company, no insignia or non-uniform articles or accessories, other than Company service pins, Association pins, and professional aviation related insignia, shall be worn on the Company uniform. “Professional aviation related insignia” is intended to allow accessories like a B777 pin or a commemorative military service pin, but not an embroidered patch on the leather jacket.
8.Pilots who require a maternity uniform accommodation shall be provided an allowance of $200 to purchase a maternity uniform from the Company’s approved uniform vendor(s). If the pilot’s maternity uniform p.392 items are not in compliance with future uniform standards, an additional allowance will be provided to bring the pilot’s uniform into compliance.
C.Applicable Laws and Government Regulations
It is understood and agreed that the provisions of this Agreement are subject to all applicable laws and governmental regulations now or hereafter in effect and all lawful rulings and orders of all regulatory agencies now or hereafter having jurisdiction. If any provision of this Agreement is determined to be invalid or contrary to law, the parties shall consult concerning the effect of that law on this Agreement.
D.Bulletin Boards and Mailboxes
The Company shall provide ALPA with space and access for an electronic bulletin board in Memphis, Anchorage, Indianapolis, Oakland, Los Angeles, Alliance, Newark, and in the operations area of any FDA. An electronic bulletin board may not have sound, moving images, or graphics that remain on the screen for less than 30 seconds without approval of the Vice President of Flight Operations. Material that is not related to union business or that is inflammatory, defamatory, or that is otherwise critical of individuals, groups, or the Company shall not be posted. Should the Company disconnect an electronic bulletin board it shall promptly notify the Association. The Company shall provide the Association with a locked mailbox in each domicile for the purposes of receiving communications from pilots.
E.Discrimination
Except as otherwise mandated or excused by applicable law, the provisions of this Agreement shall apply to all employees covered by it without regard to race, religion, national origin, age, sex or disability.
F.Equipment Damage/Usage
1.A pilot shall not be fined or required to pay for any damage to any Company equipment unless the damage is caused by the pilot’s intentional misconduct.
2.A pilot shall not be required to pay for any Company required training or for the use of any required training equipment or facilities.
G.Fitness for Duty
All pilots shall report for duty in proper mental and physical condition.
H.Gender Neutral Pronouns
As part of this Agreement, the Association and the Company have replaced gender specific pronouns with gender neutral terms. These non-substantive, administrative changes are not intended to alter the meaning of any provision of the Agreement
I.p.393 Interline and Other Employee Services and Discounts
1.Consistent with the Company’s interline agreements with other carriers, if any, all pilots covered under this Agreement and applicable family members and dependents shall be entitled to the same reduced fare privileges generally afforded or available to full-time Company employees and their families.
2.Pilots shall be provided discounts and be eligible to participate in programs (e.g., ESPP, tuition reimbursement, LifeWorks), to receive Company service awards and to maintain membership in the FedEx Credit Association, so long as these discounts, programs and awards are maintained and continue generally for all full time Company employees and/or their families. This paragraph does not apply to programs within the scope of this Agreement.
J.Jumpseats
1.To the extent permitted by law or regulation, pilots shall be given access to Company jumpseats on terms no less favorable than those provided in the Company jumpseat policy effective January 25, 1998, and included in the PBB. Procedures for booking and other provisions governing access to Company jumpseats shall be as provided in that policy.
The Company shall consult with the Association before approving or terminating any reciprocal jumpseat agreements with other carriers.
Jumpseat abuses discovered by flight crews shall be reported through the Association’s Jumpseat Committee chairperson and a response to the result of the inquiry shall be returned to the committee chairperson.
2.A pilot may use a Company Booking Priority 4 (BP4) status to position to base to start the pilot’s trip or other activity in accordance with the following:
a.The period beginning at scheduled showtime of a pilot’s Company jumpseat, or ticketed commercial air travel purchased through the Company’s travel vendor or in extenuating circumstances bought a commercial ticket by other means (TCAT), and ending 30 minutes after the scheduled termination of the pilot’s first duty period must be less than 13:30.
b.There must be at least 1:00 hour between the scheduled block-in of the Company jumpseat or TCAT and the showtime of the pilot’s trip or other activity (e.g., reserve availability period).
c.A pilot positioning to base on a Company jumpseat or TCAT shall take proactive steps to be aware of any circumstance which could prevent the pilot’s timely report to work (e.g., potential maintenance, weather or FAA delays, reroutes). A pilot shall notify CRS at the first indication that a bump, cancellation, reroute or delay p.394 of the pilot’s Company jumpseat or TCAT may prevent the pilot’s timely report (e.g., from checking in by the trip’s scheduled showtime).
d.If a pilot positioning to base on a Company jumpseat or TCAT consistent with the provisions of this paragraph cannot timely report to work (e.g., by showtime for a trip) due to bump, cancellation, reroute, or delay of the pilot’s Company jumpseat or TCAT, CRS may remove the pilot without pay. If a pilot is removed under this paragraph, the pilot shall be eligible for make-up (and shall not be eligible for substitution). There is no discipline associated with the removal if the pilot followed the parameters described above. When a TCAT is used, it is the pilot’s obligation to have a demonstrable and reasonable back up plan (e.g., itinerary includes most direct routing and not the last frequency).
e.The provisions of Section 26.J.2. are predicated upon the premise that time spent on a pilot scheduled Company jumpseat is not accrued duty time under this contract or the FARs. Should the Company be required to consider time spent on a pilot scheduled Company jumpseat as accrued duty time, Section 26.J.2. shall become null and void immediately.
3.Cockpit jumpseats on international flight legs over 4 block hours shall not be eligible to be reserved by Company jumpseaters without concurrence of the Captain, or in the event the Captain proves unavailable, then by another member of the flight crew who is available.
K.New Aircraft In Service
1.If the Company wishes to place into operation any aircraft above the MTOGW limits outlined in Section 1, other than the aircraft for which rates of pay are established in Section 3 of this Agreement, the following shall apply:
a.The Company or the Association may, by written request, initiate conferences to negotiate agreements governing whether that equipment shall be considered a wide-body, narrow-body, or some new category of aircraft for the purposes of pay. Conferences shall commence no later than 30 days following receipt of the written request for those conferences.
b.If no agreement has been reached within 30 days following commencement of conferences, a non-disciplinary panel of the System Board shall be convened as provided in Section 21 for the purpose of establishing whether that equipment shall be considered a wide-body, narrow-body, or some new category of aircraft for the purposes of pay, notwithstanding the provisions of Section 21.A.4. (Jurisdiction of System Board).
c.p.395 The decision of the System Board shall be incorporated into this Agreement by reference. If the Company has placed the aircraft in service at a designated rate of pay before the System Board issues its decision, then the rates of pay determined by the System Board shall be applied retroactively.
d.The provisions of Section 31 of this Agreement shall not prevent the operation of Section 26.K.
2.If the Company introduces B737 aircraft, those aircraft will be considered narrow body aircraft. All B777 aircraft shall be considered wide body aircraft.
3.[Reserved]
4.New Aircraft Acquisition Procedures
a.The Company will give the Association notice of its intention to introduce a new aircraft type within thirty days after entering into the contract for procurement of the new equipment type.
b.Following the notice set forth in Section 26.K.4.a., if requested by the Association, the Company and the Association shall meet and consult regarding operational, safety or regulatory issues the Association seeks to raise. Specific areas to be addressed include, but are not limited to:
i.Onboard rest facilities;
ii.Jumpseat Configuration;
iii.Aircraft configurations and equipment;
iv.Type of operations planned with aircraft type, including possible pairing designs; and
v.scheduled base airport standbys.
L.New Hire Briefing
A pilot representing the Association will be scheduled 60 minutes to speak to new pilots during the initial new hire training program. Nothing of a defamatory or personal nature attacking individuals or groups or the Company shall be permitted during the briefings.
M.Passports and Visas
1.Each pilot shall maintain a current passport. The Company shall advise each pilot of the visas the pilot must possess. The Company shall notify a pilot, via VIPS, of the expiration date of the pilot’s passport at least 210 days prior to the expiration date of the passport and of the expiration date of any required visa(s) at least 30 days prior to their expiration date(s). The Company shall reimburse a pilot for the cost of obtaining and renewing the pilot’s passport and all Company required visas.
2.p.396 Each pilot shall validate, through VIPS, the pilot’s renewed passport and required visas by 0900 LBT the day prior to the start of any trip(s) or R-day(s) which:
a.for passports, are within 180 days from the expiration date of the pilot’s passport; and
b.for visas, are either:
i.After the expiration date of the pilot’s visas; or
ii.Within 48 hours of the expiration date of the pilot’s required visas.
3.If a pilot does not obtain the pilot’s renewed passport or required visa(s) as required by Section 26.M.2., the pilot may be removed from a trip(s) or R-day(s) scheduled to start within the time period stated in Section 26.M.2. without pay and without eligibility for make-up.
4.The Company may require two passports for a particular fleet.
N.Personnel
1.A pilot may review and copy the pilot’s personnel file and training records in their entirety, except for pre-employment related material, in the presence of a Company representative at mutually agreeable times and places. Within 5 days of the Association’s request (which shall include a written release signed by the pilot), the MEC Representation Department will be provided a copy of a terminated pilot’s personnel file and training records.
2.Each pilot shall, if necessary, update the pilot’s permanent, primary residence address and telephone number in the Company’s PRISM system. Additional addresses may be provided at the pilot’s option (e.g., paycheck mailing address, corporate mailing address and crew mailbox).
3.A pilot shall be allowed access to Company computer systems to the same extent generally available to all other employees.
4.The Company shall not use a pilot’s log-in credentials (e.g., Apple ID) to access information not already resident on any company-issued device (e.g., iPad).
O.Polygraph
No pilot shall be required by the Company to take any form of polygraph or lie detector test.
P.Protection from Damage
1.Except as described below, the Company shall provide, at no expense to a pilot, legal representation for a pilot named as a defendant in a legal proceeding arising out of the pilot’s operation or attempted operation of a Company aircraft. The pilot has the option to use representation p.397 from the Company, consistent with this paragraph, or from ALPA or the pilot’s own representation.
2.Except as described below, the Company shall indemnify and hold the pilot or the pilot’s estate harmless for the amount of any monetary judgment rendered personally against the pilot in a proceeding covered by Section 26.P.1., if that judgment arose out of the pilot’s operation or attempted operation of a Company aircraft. For purposes of this paragraph, a proceeding shall be deemed not covered by Section 26.P.1., if the pilot was not entitled to the legal representation described therein, regardless of whether the Company actually provided representation.
3.A pilot shall not be entitled to the benefits described in Section 26.P.1. or P.2., if:
a.either the Company or the pilot has initiated the legal proceeding, in good faith, against the other; or
b.the legal proceeding at issue is one in which the pilot has committed intentional or criminal misconduct; or
c.the pilot refuses to cooperate in the pilot’s own legal defense.
4.The Company shall not sue a pilot for indemnity in connection with any case covered by Section 26.P.1.
5.If a pilot is called by the Company as a witness in connection with a legal proceeding of any description, kind or character for any reason, the pilot shall receive scheduled pay and credit for a trip(s) or R-day(s) dropped, if applicable.
6.The provisions of this paragraph shall not apply in situations of certificate action instituted by the FAA against a pilot, or other situations in which a conflict of interest exists between the Company and the pilot.
Q.Publications/Identification Card
1.The Company shall provide pilots with appropriate navigation materials as well as aircraft flight and training manuals, and changes to these, necessary for a pilot’s crew status. These materials and manuals may be provided in electronic format.
2.All changes or amendments to current aircraft flight manuals, pilot operating manuals and aircraft checklists affecting flight operations shall be furnished in advance to the Association designee.
3.The Company shall provide each pilot with a copy of this Agreement. For pilots hired after June 29, 2026, an electronic copy shall be provided. Pilots hired prior to June 29, 2026, may elect to receive a printed copy of the Agreement through the Company’s appropriate electronic system (currently the PFC website) for a period of 120 days following the notice of the publishing of the Agreement through an FCIF. The cost of publishing and distributing the printed copies of this Agreement shall be borne equally by the Association and the Company.
4.p.398 The Company shall provide each pilot with the pilot’s initial Company identification card. Replacement of lost cards shall be in accordance with Company policy.
5.A pilot may arrange for replacement of the materials referred to in Section 26.Q.1. through Q.3., by notifying the pilot’s Fleet Manager. The cost of replacement materials shall be borne by the Company. Replacement of the materials referred to in Section 26.Q.1. and Q.2. does not necessarily include replacement of hardware, if any.
R.Monthly Information
The Company shall provide to the Association, in electronic format, a list containing all pilots’ names, employee numbers, dates of hire, dates of birth, base, crew status, permanent mailing address, and phone numbers of pilots who have made their phone numbers available in VIPS. The information shall be current as of the last pay period of each month and submitted no later than 25 days after the end of the month.
S.Recorded Phone Lines
Pilots’ telephone conversations with the Company may be recorded. Recorded telephone conversations shall be archived by the Company for a period of not less than 60 days.
T.VIPS Inaccessibility
A contact otherwise required to be made to VIPS shall be made to CRS or other designated department if VIPS is not accessible. The local access option in VIPS will remain available. This paragraph covers the situation where the VIPS system goes down.
U.Mediated Debrief
Information obtained during a mediated debrief shall be considered Flight Data.
V.Random Searches
The Company and/or its representatives are prohibited from executing random searches on pilots, unless required by law to do so.
W.FDA
1.All pilots assigned to an FDA are fully covered by all provisions of this Agreement.
2.If conditions in an FDA require evacuation for a temporary period of time, the Company shall provide the pilot and the pilot’s eligible dependents at the FDA with transportation, lodging, and other services appropriate to the situation (e.g., storage of household goods if circumstances warrant, etc.).
3.If an FDA evacuation lasts longer than 30 days, the Company and the Association shall meet and consult regarding other accommodations that should be made for pilots and their families assigned to the FDA.
p.399 If a permanent evacuation is required, the Company shall move the pilot and the pilot’s family, as provided in Section 6, without application of time limits and reimbursement obligations normally accompanying such moves. The consultation process between the Company and the Association is intended to be a meaningful, constructive, two-way process in which the parties address the suitability of the proposed solution and any issues of pilot concern.
X.Administrative Corrections
Typographical or reference errors found in the ratified Agreement or any Letter of Agreement may be corrected by mutual agreement of the Company and the Association, in subsequent reprintings of the contract.
Y.Aviation Safety Action Program (ASAP)
1.Any ASAP shall have the participation of the Association as a party.
2.Removal from Flying and Flight Pay Loss
The ALPA ERC representative and/or alternate shall be removed from flying to participate in all ERC activities. The ALPA ERC representative and alternate shall receive compensation and benefits as provided in Section 18.
3.If any pilot is held out of service as part of the ASAP process, the pilot shall continue to have the same access to Company communications systems (e.g., e-mail, VIPS, etc.), and shall continue to accrue all pay and benefits (e.g., seniority, longevity, retirement, vacation, sick leave) as if the pilot had not been held out of service.
4.Neither an ASAP report, the content of an ASAP report, or any corrective action arising from an ASAP report, shall be used in, or constitute grounds for placement in, or considered as any Section 11 training, any Enhanced Oversight Program, or any other similar program and/or training. If, however, a pilot’s report is initially accepted under the ASAP program, but is ultimately excluded from the program as currently described in the ASAP Advisory Circular 120 66C no. 15, the pilot’s case shall be referred to the TRB for any necessary requalification training and further processing under Section 11.K.
5.The Company will make ASAP Report Forms available on pilot.fedex. com.
6.The Company shall establish and maintain facsimile and telephone numbers as alternative means of filing an ASAP report. The preferred method for the filing of an ASAP report, however, shall be to do so electronically.
7.The submission or non-submission of an ASAP report, an ASAP report, the contents of an ASAP report, and any conduct, statement, decisions, or recommendations made by those individuals involved in the ASAP process (e.g., the ASAP manager, coordinator(s), ERC, etc.), p.400 arising out of such process, shall not be used in or referred to in any Section 11, 15, 19, or 21 process, except as provided in paragraph 10(1)(b) of the ASAP MOU.
Z.Line Operations Safety Audit
Line Operations Safety Audits (LOSAs) shall be conducted pursuant to the LOSA Memorandum of Understanding (MOU).
AA. Known Crewmember Program
The Company shall participate in the Known Crewmember (KCM) Program, or any successor program, provided that the total cost to the Company of such participation does not exceed $250,000 per year.
BB. Aircraft Accident/Incident/Event
1.In the event a FedEx aircraft is involved in an accident/incident/event, the pilots who comprise the Association’s accident investigators (who have been designated and listed with Jumpseat Administration) will be authorized Business Emergency or an equivalent booking status for jumpseating on a FedEx aircraft in response to the accident/incident/ event.
2.Pilots involved in an accident/incident/event will be removed from trips with pay during the investigation, if any. Pilots will be paid training pay as appropriate for the time spent during days off cooperating with any investigation or completing any assigned retraining.
CC. Medical Autonomy and Privacy, Vaccinations, and Initial Scheduling Protections
1.Autonomy
The Company shall not require a pilot to undergo any vaccination, medical procedure, or take any medication other than that which is required by the FAA to maintain a First Class Medical certificate.
2.Privacy
a.The Company shall not require a pilot to disclose any personal medical or protected health information except as expressly required under the Agreement, for purposes of administering Company benefit plans, or as required by law.
b.The Company shall not disclose a pilot’s personal medical or protected health information to a third-party or government agency without the pilot’s explicit written consent unless required under the Agreement, for purposes of administering Company benefit plans, or as required by law.
3.Vaccinations
a.The Company shall advise each pilot of the vaccinations that the pilot must possess to meet a governmental requirement.
b.The Company shall reimburse a pilot for the cost of receiving all required vaccinations.
4.p.401 Initial Scheduling Provisions
a.If the Company implements a required vaccination to meet a governmental requirement pursuant to Section 26.CC.3.a. after the publishing of the monthly bid period package (Section 25.C.), and a pilot has or obtains an affected trip on the pilot’s schedule, but the pilot’s status as reflected in Company records indicates the pilot has not met the Section 26.CC.3.a. requirements, the Company will remove the pilot, no earlier than 7 days prior to the showtime of the trip, and the pilot shall be eligible for substitution.
b.Within 5 days following the Company advising pilots of a new Section 26.CC.3.a. requirement (i.e., a requirement that was not in effect on [DOS]), the Company and ALPA shall meet and confer on further potential resolutions for a 30 day period (or such shorter or longer period as the parties may mutually agree).
c.If, at the expiration of the 30 day period described above in Section 26.CC.4.b., the parties have not reached an agreement on how to resolve the issues related to the above requirement, either party shall have the right, by written notice to the other within ten days after the expiration time period described above, to invoke interest arbitration in accordance with Section 21 and the provisions below.
i.A non-disciplinary panel of the System Board (3 person) shall be convened within 30 days following the notice, or on an earlier available date offered by the neutral arbitrator. The parties shall attempt to use John LaRocco as the neutral arbitrator. If Mr. LaRocco is unavailable, the parties shall select the neutral arbitrator from the panel of arbitrators empowered to hear administrative grievances pursuant to Section 20.
ii.All statements made and proposals produced by the parties during the 26.CC.4.b. 30 day period will be considered inadmissible in the ensuing interest arbitration.
iii.All issues subject to interest arbitration under this provision must be included in a single arbitration. Section 26.CC.1., 2., and 3. shall not be “issues subject to interest arbitration.”
iv.A decision on all issues shall be issued within 30 days of the final hearing day.
v.The arbitrator will choose the full position of one party. The arbitrator will not have the authority to decide on an item-byitem basis.
vi.The decision of the arbitrator shall be final and binding upon the parties.
d.p.402 For monthly bid period packages which are published after the implementation of a new Section 26.CC.3.a. requirement, and for which bidding closes prior to a resolution being agreed upon pursuant to Section 26.CC.4.b. or c., a pilot who is then awarded a trip for which the pilot’s status as reflected in Company records indicates the pilot has not met the Section 26.CC.3.a. requirements, shall be removed from that trip and eligible for substitution (for regular lines, the pilot will be removed from the impacted trip during the Conflict Processing Window after VAC, TRN, and minimum day off protection conflicts have been resolved; for secondary lines the pilot will be removed after the closing of the SWW but prior to open time release). The Section 25.H. and related provisions shall be applicable, except for those related to OTP elections and rejections of SUB assignments, which are inapplicable. The pilot may not elect OTP when SUB eligible, and shall be considered as having “accepted” a valid substitution assignment when “offered.”
Example: The monthly bid for April is published on March 7 (closing on March 12). On March 9, the Company implements a required vaccination. For the March and April bid periods the Section 26.CC.4.a. provision will apply. For the May and subsequent bid periods, Section 26.CC.4.d. will apply.
e.For the purposes of Bid Line Adjustments (including View/Add window), optional assignments (e.g., DRF, VLT), and reserve assignments, a pilot who does not meet the Section 26.CC.3.a. requirement will not be awarded/assigned a trip that includes that requirement.
[Application Note: Section 26.CC’s use of “vaccination” is understood to include inoculations.]
[Application Note: Section 26.CC. does not limit any rights afforded under Section 15.]
Section 27: Insurance Benefits
A.p.403 General
1.The Company shall continue to provide health, welfare and related benefits through the Insurance Plans 1 and under the terms and conditions of the Insurance Plans, as in effect on November 2, 2015, except as specifically provided herein. The parties to this Agreement understand and agree that there is no intent by either party to create a vested benefit with respect to any benefits provided under any of the Insurance Plans.
2.The Insurance Plans’ summary plan descriptions are currently included in the most recent Pilot Benefit Book (PBB). The PBB shall be updated in accordance with Section 27.A.8. to reflect changes made by this Agreement and any other changes made pursuant to Section 27.A.3.
3.Amendment of Insurance Plans
a.All Insurance Plans are incorporated by reference into this Agreement. Notwithstanding any language in an Insurance Plan to the contrary, the amendment of an Insurance Plan as it applies to pilots (including but not limited to any change in premiums/contributions, coverage or benefit levels) is subject to the consent of the Association in accordance with the procedures applicable to the amendment of the Agreement, except as provided below in this Section 27.A.3. and in Section 27.C.1.
b.The Company, through its Pilot Benefits Administration Department, shall make all amendments to any or all plans as are required by applicable law. The Company shall provide as much advance notice of such amendments, and corresponding revisions to the PBB, as is practicable. If an amendment to the Insurance Plans or the PBB is required by law, and if there is more than one
1 The following Insurance Plans are in effect as of November 2, 2015:
(a)Federal Express Corporation Basic Life Insurance Plan;
(b)Federal Express Corporation Optional Life Insurance Plan;
(c)FedEx Corporation Accidental Death and Dismemberment Insurance Plan and FedEx Corporation Optional Accidental Death and Dismemberment Plan;
(d)FedEx Corporation Business Travel Accident Insurance Plan;
(e)Federal Express Corporation CRAF Insurance Policy;
(f)Federal Express Corporation Survivor Income Benefit Plan;
(g)Federal Express Corporation Group Health Plan for Pilots;
(h)Federal Express Corporation Retiree Group Health Plan for Pilots;
(i)Federal Express Corporation Dependent Care Flexible Spending Account Plan for Pilots;
(j)Federal Express Corporation Health Care Contribution Plan;
(k)Federal Express Corporation Long Term Disability Plan for Pilots;
(l)Federal Express Corporation Health Care Flexible Spending Account Plan for Pilots;
(m)Federal Express Corporation Health Reimbursement Arrangement for Retired Pilots;
(n)Group Legal Services Plan for Federal Express Corporation and Affiliated Employers; and (o) Federal Express Corporation Group Long-Term Care Insurance Plan p.404 alternative available under the law with respect to such required amendment(s), then the Company shall present to, and discuss the alternatives with the Association as far in advance of the effective date of the required amendment(s) as is practicable, and if the effectuation of either alternative would result in similar cost to the Company, the consent of the Association to one of the alternatives shall be required for such plan amendment. Such consent shall not be unreasonably withheld. The Association’s consent shall not be required for any amendment described in this paragraph if more than one alternative is available under the law but the effectuation of one or more of the alternatives would result in increased cost to the Company over the other available alternative(s).
c.If any vendor of the Insurance Plans (i) incurs financial distress, such that it no longer meets the Company’s contracting requirements, (ii) is sold to, acquired by, or merged with another entity and because of such sale, acquisition or merger is unable to fulfill its contractual obligations to the Company, or (iii) is unable to meet the Company’s contracting requirements for the plans contracted for, the Company shall, after notification to the Association, select a vendor to assure that the Insurance Plans are properly supported.
d.The Company may replace “subordinate vendors” provided the Company shall first notify and consult with the Association regarding such intended action as soon as practical and explain to the Association the reasons that the “subordinate vendor” is being replaced to better support the Insurance Plans. The current cumulative list of “subordinate vendors” consists of: HealthEquity (as vendor for the HSA/HRA, the Dependent Care Flexible Spending Account and the Health Care FSAs for Pilots,), Davis Vision (vision benefits), Cigna Dental (Dental), MetLife, Nationwide, Farmers and Allstate (Voluntary Programs), The Hartford (Disability program), Securian Financial Group (Basic Life Insurance, Optional Life Insurance, Accidental Death and Dismemberment, Business Travel Accident and CRAF), bswift (COBRA), Perkspot (WorkLife), TASC for the Health Reimbursement Arrangement for Retired Pilots.
e.Notwithstanding Section 27.A.3.c. and d., the Company and the Association shall meet to agree upon any replacement for Anthem or the International Claims Paying Administrator (International Plan).
f.The Company may also amend the Group Health Plan for Pilots, if such amendment is both (i) initiated by a vendor, in accordance with the vendor’s contract with the Company, and (ii) not subject to Company direction or discretion.
g.p.405 The Group Health Plan for Pilots may be amended as provided in Section 27.A.11.
h.Procedures regarding amendment of Insurance Plans are described in Section 27.A.7.
4.The administration of the Insurance Plans shall remain within the purview of the Company’s Pilot Benefits Administration Department and all disputes concerning any claim for benefits shall be settled as described in Section 27.A.6.
5.Insurance Board
a.An Insurance Board shall be established for the Insurance Plans. The Insurance Board shall consist of six members, three of whom shall be designated by the Company and three of whom shall be designated by the Association. The Insurance Board shall meet at least semi-annually, and at such other times as the Board shall agree. At any meeting of the Insurance Board, the Company members and Association members may be accompanied by individuals they deem appropriate. The Insurance Board shall meet to jointly discuss the cost, collective experience and performance of the claims paying administrators and service providers of the Insurance Plans and to seek to resolve any problems related to the administration of those plans.
b.The benefits specialists for the Company and the Association shall agree on an agenda for each meeting at least one week in advance of such meetings, and shall notify the Company of any agenda items which need to be addressed at the meeting so that the Company may designate the appropriate personnel to attend on behalf of the Company. Should the meeting be scheduled to cover multiple agenda items, the parties shall exchange a list of attendees based on the agenda items. The meetings held by the Company and the Association pursuant to this provision shall exclude any discussion related to any single claim made by an individual pilot and/or the pilot’s covered dependents which would be protected by federal or state health privacy laws or properly appealed pursuant to ERISA. De-identified information may be used when necessary to discuss systemic issues.
c.The Insurance Board may also agree to meet with the claims paying administrators of the Insurance Plans. The agenda for such meetings must be jointly agreed upon by the Company and the Association at least fourteen (14) days in advance of any such meetings, in order to give all participants, including the claims paying administrators, sufficient opportunity to prepare for such meetings.
d.p.406 The meetings of the Insurance Board (and, if applicable, the claims paying administrators) which are held pursuant to this provision may take place either face-to-face or by conference call, as agreed by the Insurance Board.
e.Neither the Company members of the Insurance Board nor the Association members of the Insurance Board, and neither the Company representatives nor the Association representatives who attend these meetings, shall be empowered to act as fiduciaries of any Insurance Plan; nor shall the Insurance Board members or representatives of the Company or the Association have the power to modify or interpret the terms of any Insurance Plan. However, either the Company members of the Insurance Board or the Association members of the Insurance Board may suggest modifications to the Insurance Plans to the Company and the Association.
6.Review of benefit denials shall be as follows:
a.As described in the Insurance Plans and the PBB, benefit denials shall be reviewed by the appropriate claims paying administrator. The Company may remove or replace such claims paying administrators as provided in Section 27.A.3.
b.A claimant (pilot, former pilot, retired pilot, spouse, child or beneficiary) or authorized representative may appeal a claim which is denied through the claims and appeals process established by the claims paying administrator. If the claimant is not satisfied with the decision on appeal, the claimant may seek review of the decision by the Pilot Benefit Review Board in accordance with the provisions of Section 27.T. within 120 days of the decision. With respect to a claimant challenging the individual claim denial under this paragraph, the provisions of Section 27.A.3.a. (incorporating certain plans into the Agreement by reference) shall not afford the claimant greater remedies than if such plans had been incorporated solely for the purposes of resolving the claimant’s individual appeal.
c.Any denial of a claim for benefits, whether on the initial claims or an appeal, that is based on vendor guidelines shall be accompanied by either a copy of such guidelines or specific instructions on accessing such guidelines.
7.Procedures regarding amendment of Insurance Plans shall be as follows:
a.No later than May 2, 2016, the Company shall provide the Association with proposed amendments effectuating the changes to the Insurance Plans contemplated by this Agreement. The draft amendments will include all modifications to the Insurance Plans p.407 that the Company determines are required by the Agreement. The Association will provide the Company with its comments on each draft amendment within 60 days following its receipt of the draft amendment from the Company.
b.Thereafter, in the case of changes to the Insurance Plans that require Association consent pursuant to Section 27.A., the Company shall provide the Association with proposed amendments effectuating the changes, no later than 30 days prior to the proposed effective date of such amendments, and in the case of changes to the Insurance Plans that do not require Association consent pursuant to Section 27.A.3., the Company shall provide the Association with executed copies of the amendments effectuating such changes no later than 30 days following the execution of such amendments.
c.By mutual agreement the parties may waive any time limit provided in this Section 27.A.7.
8.Procedures regarding amendment of the PBB shall be as follows:
a.No later than May 2, 2016, the Company shall provide the Association with proposed updates to the PBB reflecting changes made as part of this Agreement. No later than 120 days after receipt of the proposed updates, the Association shall meet with the Company and provide comments. As soon as practicable thereafter, a PBB that is mutually satisfactory to the Company and the Association shall be distributed to the pilots. The Association’s approval shall not be unreasonably withheld. The foregoing to the contrary notwithstanding, the failure of the Association to timely approve such updates shall not prevent the Company from distributing the updates to the pilots in accordance with the provisions of ERISA §104(b).
b.With respect to any future updates to the PBB, the Company shall prepare and distribute to the pilots updates to the PBB as required by ERISA §104(b). The Association shall be given no less than 60 days to review and approve such updates; the Association’s approval of such updates shall not be unreasonably withheld. The foregoing to the contrary notwithstanding, the failure of the Association to timely approve such updates shall not prevent the Company from distributing the updates to the pilots in accordance with the provisions of ERISA §104(b).
9.The parties recognize that the future cost, delivery and structure of health care (including retiree health care) is an area of particular concern to both sides. The parties pledge their mutual cooperation in dealing with new health care initiatives, legislation, regulation and other future health care issues as they might affect both the pilots and the Company.
10.p.408 Medical, dental, vision, optional life, and optional AD&D will be canceled as a result of a pilot’s failure to pay premiums/contributions, as applicable, while on leave of absence.
11.In the event that any of the Company’s health plans for pilots are projected to generate an excise tax for a calendar year under Section 4980I of the Internal Revenue Code (“Excise Tax”), the Company shall notify the Association by January 15 or the next business day of the prior calendar year, and that plan shall be treated in accordance with this Section 27.A.11. as follows:
a.Buy-Up Plan Option- For any plan year that the plan is projected to generate an Excise Tax, the Company will make the following changes prior to annual benefits enrollment for the calendar year to the minimum extent necessary to avoid the Excise Tax.
i.First, the allowable employee pre-tax contribution to the participant’s Full Purpose FSA shall be reduced or eliminated.
ii.Second, the Company and the Association shall invoke the process detailed in the letter entitled, “Process for Handling Potential Onset of Excise Tax” dated November 2, 2015, to reach an agreement on what modifications to the plan’s deductibles, out-of-pocket maximums and/or other provisions should be implemented to avoid the Excise Tax and how the value of any benefit reductions resulting from such modifications shall be provided to the Pilots.
b.Purple CDHP Option and/or Orange CDHP Option- For any plan year that a plan is projected to generate an Excise Tax, the Company will make the following changes prior to annual benefits enrollment for the calendar year to the minimum extent necessary to avoid the Excise Tax.
i.First, the allowable employee pre-tax contribution to the participant’s Full Purpose FSA (CDHP with HRA) or Limited Purpose FSA (CDHP with HSA) shall be reduced or eliminated.
ii.Second, the employee’s pre-tax contribution to the participant’s HSA shall be reduced or eliminated, and moved to an after-tax contribution.
iii.Third, the Company’s contribution to each participant’s HSA/ HRA for wellness incentives shall be reduced or eliminated, such reduction shall be paid to the participant in cash.
iv.Fourth, the Company’s other contributions to each participant’s HSA/HRA shall be reduced or eliminated.
If there is a reduction pursuant to Section 27. A.11.b.iv., the pilot’s monthly contributions for coverage will be reduced simultaneously by a corresponding amount, provided, however, p.409 that the resulting contributions will not fall below 50% of the contribution amounts established for that calendar year in paragraph 27.G.6.
v.Fifth, the Company and the Association shall invoke the process detailed in the letter entitled, “Process for Handling Potential Onset of Excise Tax” dated November 2, 2015, to reach an agreement on what modifications to the plan’s deductibles, out-of-pocket maximums and/or other provisions should be implemented to avoid the Excise Tax and how the value of any benefit reductions resulting from such modifications shall be provided to the Pilots.
c.If the law governing the Excise Tax is modified or clarified, the parties shall meet to discuss and agree how any such changes shall be reflected in the plans.
B.Basic Life Insurance Plan
1.The Company shall continue to provide Basic Life Insurance coverage. A pilot must comply with the eligibility requirements of the Basic Life Insurance plan or lose or risk losing coverage. Coverage levels for Basic Life Insurance shall not be decreased.
2.Basic Life Insurance Plan premiums shall be paid by the Company.
3.The life insurance benefit provided under the Basic Life Plan shall equal $800,000. Pursuant to the procedures established by the insurance carrier, the pilot may elect to receive coverage for a lower life insurance benefit amount, in any multiple of $100,000, with a minimum of $300,000, in lieu of $800,000. During each annual enrollment period, a pilot who is actively at work may elect to receive a different coverage amount, as described herein, and such election shall be effective on the date provided by the insurance carrier. Should a pilot elect to increase the pilot’s coverage amount, the pilot must provide such proof of insurability as is required by the insurance carrier.
4.Coverage under the Basic Life Plan begins for a pilot upon the pilot’s date of hire, or if later, the first day the pilot is actively at work.
5.Coverage under the Basic Life Plan shall end as provided in the policy.
6.Other restrictions, requirements and limitations of the Basic Life Plan are described in the policy.
C.Optional Life Insurance Plan
1.The Company shall continue the Optional Life Insurance Plan. A pilot must comply with the requirements of the plan or lose or risk losing coverage. Coverage levels shall not be decreased. Until the effective date of a new insurance policy under Section 27.F.1., except for routine and scheduled premium adjustments caused by a pilot moving between rated age categories, a non-retired pilot’s premium payments p.410 for equal amounts of coverage shall not be increased. Upon the effective date of a new insurance policy under Section 27.F.1., routine and scheduled premium adjustments caused by a pilot moving between rated age categories and premium increases/decreases imposed by the vendor will be paid by the pilot.
2.A pilot may elect to purchase Optional Life Insurance coverage in increments of $100,000 to a maximum of $2,000,000 of coverage, at the premium rate provided by the insurer for such coverage. A pilot’s Optional Life Insurance Plan coverage shall not exceed ten (10) times the pilot’s basic annual salary (rounded to the nearest $1,000). This amount shall be reduced by 8% each year beginning on the pilot’s 65th birthday as follows:
92% continued at age 65
84.64% continued at age 66
77.87% continued at age 67
71.64% continued at age 68
65.91% continued at age 69, after which there shall be no further reduction.
In order to make the election referenced in this paragraph, a pilot must be actively at work on the date that the pilot makes such election, and the pilot’s date of death must be on or after the date of the election.
A pilot may elect to purchase Spouse Optional Life Insurance coverage in increments of $25,000 up to $100,000, and then $100,000 increments thereafter, subject to a maximum of $500,000, not to exceed 100% of the pilot’s amount of Optional Life Insurance.
A pilot may elect to purchase Child Optional Life Insurance coverage in an increment of $5,000, subject to a maximum of $20,000, not to exceed 100% of the pilot’s amount of Optional Life Insurance. Dependent children are covered from live birth.
3.Eligibility for coverage under the Optional Life Plan begins for a pilot upon the pilot’s date of hire, or if later, the first day the pilot is actively at work. If a pilot fails to complete the enrollment procedure described in the policy within the first 31 days after the pilot’s date of hire, the pilot may enroll in the Optional Life Plan; however, the pilot may only enroll under the Optional Life Plan upon providing proof of insurability to the insurance company that underwrites the Optional Life Plan, or during open enrollment periods, should they be offered to all pilots.
4.An individual pilot’s coverage under the Optional Life Plan shall end as provided in the policy.
5.A pilot who is enrolled in the Optional Life Plan and who (i) retires on or after the pilot’s 55th birthday, and (ii) is active at work immediately prior to the date of the pilot’s retirement, may, within 31 days of the later of p.411 the pilot’s retirement date or the date on which the pilot receives notice, enroll in Optional Life insurance for retirees at the premium rate provided by the insurer for such coverage. Such coverage may be purchased in an increment of $100,000, subject to a maximum of the lesser of pre-retirement coverage amount or $300,000. Additionally, a retiring pilot may elect to purchase coverage for his spouse in the amount of $25,000 or $50,000, not to exceed the lesser of the amount in force prior to the pilot’s retirement or $50,000, provided the spouse had Optional Life insurance coverage prior to the pilot’s retirement; coverage for a spouse may only be continued while coverage is in effect for the pilot. No increases in coverage will be allowed after enrollment; however, a pilot who elected coverage in an amount greater than $100,000 shall be permitted to reduce the amount of coverage, but not below $100,000. This amount shall be reduced by 8% each year beginning on the pilot’s 65th birthday as follows:
92% continued at age 65
84.64% continued at age 66
77.87% continued at age 67
71.64% continued at age 68
65.91% continued at age 69, after which there shall be no further reduction.
6.Coverage shall terminate at the pilot’s attainment of age 80, at which time the pilot may elect to convert the pilot’s Optional Life insurance coverage to coverage under an individual insurance policy.
7.A pilot who is enrolled in the Optional Life Plan and who (i) terminates before the pilot’s 55th birthday, and (ii) is actively at work immediately prior to the date of the pilot’s termination may, within 31 days of the later of the pilot’s termination date or the date on which the pilot receives notice, enroll in Optional Life Portability insurance at the premium rate provided by the insurer for such coverage. Such coverage may be purchased up to the lesser of the pilot’s pre-termination Optional Life coverage level or $1,000,000. The minimum amount of coverage for the pilot is $10,000. Additionally, a terminating pilot may purchase a maximum of the lessor of the coverage amount in effect immediately prior to portability or $150,000 for the spouse. For eligible children, the maximum is the amount of coverage in effect on the date prior to the portability. The minimum coverage amount for the spouse and/or child is $1,000. The spouse and/or child must have had Optional Life insurance coverage immediately prior to the pilot’s termination and dependents are not home-confined or hospital-confined on the day prior to the pilot’s termination; dependent coverage may only be continued while coverage is in effect for the pilot. No increases in coverage will be allowed after enrollment; however, a pilot who elected coverage p.412 in an amount greater than $10,000 shall be permitted to reduce the amount of coverage. The life insurance benefit will reduce to 60% at age 65 and 50% at age 70. Coverage shall terminate at the pilot’s attainment of age 80, at which time the pilot may elect to convert the pilot’s Optional Life Portability Insurance coverage to coverage under an individual policy.
8.Subject to Section 27.C.1., pilots enrolled for coverage in the Optional Life Plan will pay all premiums required by the insurer.
9.As of the date the vendor is selected in accordance with Section 27.F.1., the insurance company for the Optional Life Insurance Plan shall not be the same insurance company then in place for the FDX MEC life insurance policy.
D.Basic and Optional Accidental Death and Dismemberment Insurance Plan
1.The Company shall continue the Basic and Optional Accidental Death and Dismemberment Insurance Plan (AD&D). A pilot must comply with the requirements of the plan or lose or risk losing coverage. Coverage levels shall not be decreased during the term of this Agreement. A pilot’s premium payments, if any, shall not be increased for equal amounts of coverage.
2.Basic AD&D Plan premiums shall be paid by the Company; Optional AD&D Plan premiums shall be paid by the pilot. Premium amounts for the optional coverage are provided in the AD&D Plan.
3.The life insurance benefit provided under the basic portion of the AD&D Plan shall be fifteen thousand dollars ($15,000). Under the Optional portion of the Plan, a pilot may elect any amount from $50,000 to $750,000 in $50,000 increments.
4.Eligibility for coverage under the optional portion of the AD&D Plan begins for a pilot upon the pilot’s date of hire. Coverage under the optional portion of this plan shall begin on the first day of the month following the pilot’s completion of the application procedure described in the PBB and upon the payment of the required premium. If Optional AD&D coverage is elected during the Annual Enrollment period, coverage is effective January 1 of the following year. Coverage under the basic portion of this plan shall begin upon a pilot’s date of hire, or if later, the first day the pilot is actively at work.
5.Coverage under the AD&D Plan shall end as provided in the policy.
6.Other restrictions, requirements and limitations of the AD&D Plan are described in the AD&D policy.
E.p.413 Business Travel Accident Insurance Plan and CRAF Accident Insurance Plan
1.The Company shall continue the Business Travel Accident Insurance Plan on the following terms:
a.A pilot must comply with the requirements of the Plan or lose or risk losing coverage.
b.Business Travel Accident Insurance Plan premiums shall be paid by the Company.
c.The life insurance benefit provided under the Business Travel Accident Insurance Plan shall be $150,000 if a pilot is traveling on Company business, including: (i) flying a Company aircraft as part of the pilot’s occupation, or (ii) while traveling on Company business on any aircraft that is owned, rented, chartered or leased by the Company.
d.Coverage under the Business Travel Accident Insurance Plan begins for a pilot upon the pilot’s date of hire.
e.Coverage under the Business Travel Accident Insurance Plan shall end as provided in the policy.
f.A pilot shall be covered from the time the pilot starts a business trip from either work or home, whichever occurs last, and shall be covered throughout the business travel until returning to work or home, whichever occurs first. A pilot shall not be covered while commuting to and from work. For purposes of this paragraph, “work” shall include the airport in which deadhead or deviation travel originates or terminates, as applicable. A pilot who deviates is considered to be on business travel while traveling pursuant to the provisions of Section 8 of this Agreement. Other restrictions, requirements and limitations are described in the Business Travel Accident Insurance Plan, policy, and the certificate.
2.The Company shall continue the CRAF Accident Insurance coverage under the Federal Express Corporation Business Travel Accident (BTA) Plan on the following terms:
a.CRAF Accident Insurance Plan premiums shall be paid by the Company.
b.In the event of a pilot’s death while performing a CRAF mission (defined as a trip(s) that qualifies for the CRAF premium), the coverage shall provide an additional $200,000 of benefits to the surviving beneficiaries up to an aggregate limit of $10,000,000 per aircraft in accordance with Paragraph D. of the CRAF LOA executed July 10, 2003.
c.p.414 Coverage under the CRAF Accident Insurance Plan begins and ends as set forth in the CRAF LOA executed July 10, 2003, in Paragraph D.
d.A pilot shall be covered from start through the conclusion of the flight sequences that qualify the pilot for the CRAF premium. Other restrictions, requirements and limitations are described in the CRAF Accident Insurance Policy.
F.Life Insurance RFPs
1.Within 12 months following November 2, 2015, the Company will commence a Request for Proposals (RFP) among insurers, to bid on the Basic and Optional Life, Basic and Optional Accidental Death and Dismemberment (AD&D), Business Travel Accident (BTA) Insurance and CRAF Accident Insurance Plans with the intent that insurer(s) be selected and new group policies be effective no later than January 1, 2018. The Company and the Association will establish an Optional Life Working Group (OLWG), consisting of two members appointed by the Company and two members appointed by the Association (who, in either case, may be accompanied by individuals they deem appropriate), to perform the following duties with respect to the RFP for the Optional Life and Optional AD&D: development of plan design components and RFP criteria, identification and interviewing of candidates, receipt and review of candidates’ presentations, discuss RFP results and make recommendations to the Company (recommendations may be made by the OLWG as a whole or by individual members or groups of members of the OLWG). The coverage amounts of Optional Life insurance available shall be no less than the coverage amounts currently available, although the OLWG may consider terms of coverage that differ from the terms currently available. All material terms of coverage for Basic Life, Basic AD&D, BTA, CRAF Accident Insurance and Optional AD&D shall be no less favorable than terms of coverage currently available. The Company shall pay the full cost of the RFP process, other than the expenses of the OLWG members appointed by the Association. Promptly following the RFP process and taking into account the OLWG’s recommendations regarding Optional Life and Optional AD&D, the Company shall select the insurers for all coverages included in the RFP. The Company will first notify and consult with the Association regarding such intended action as soon as practical and explain to the Association the reasons that the vendor is being chosen to better support the Insurance Plans.
2.In the event a new Basic and Optional Life, Basic and Optional AD&D, BTA or CRAF Plan is established under Section 27.F.1., the Company and the Association shall modify Section 27 to the extent necessary to conform to the terms of the Plan.
G.p.415 Group Health Plan for Pilots
1.The Company shall provide to domestic based pilots and pilots based in FDAs (and their eligible covered spouses and dependents) medical benefits (including pharmacy, mental health and substance abuse benefits), dental benefits and vision benefits, in accordance with the terms of the Federal Express Corporation Group Health Plan for Pilots. A pilot must comply with the requirements of the Group Health Plan for Pilots or will lose or risk losing coverage. Any changes to the Group Health Plan for Pilots can only be made as provided in Section 27.A.3.
2.[Reserved]
3.For domestic based pilots, the Company shall provide medical benefits (including pharmacy, mental health and substance abuse benefits) under the Group Health Plan for Pilots, administered by Anthem. The Health Savings Account (HSA), as described in Section 27.N., and the Health Reimbursement Account (HRA), as described in Section 27.O., shall be administered by HealthEquity. Effective January 1, 2017, the Company shall provide the Plan options as described in Section 27, Appendix A. For domestic based pilots, effective January 1, 2017, the Company shall provide dental and vision benefits as described in Section 27, Appendix A (except as modified pursuant to Section 27.G.13.).
4.For pilots based in FDAs, the Company shall provide medical benefits (including pharmacy, mental health and substance abuse benefits) under the Group Health Plan for Pilots administered by an International Claims Paying Administrator. Effective January 1, 2017, the International Plan option is described in Section 27, Appendix C. Dental benefits and vision benefits are the same as those provided to domestic based pilots, unless different dental and vision benefits are implemented pursuant to Section 27.G.13.
5.A pilot may elect coverage for medical benefits only (including pharmacy, mental health and substance abuse benefits), dental benefits only, vision benefits only, or any combination. Monthly premiums/contributions will be determined separately for each of the following tiers: pilot only, pilot and child(ren); pilot and spouse; and pilot and family.
6.The Company will provide the Association with the initial monthly contributions/premiums for all Group Health Benefits on November 2, 2015, or as soon as practicable thereafter. Beginning in 2017, in accordance with Section 27.A.11., those monthly contributions/ premiums for each tier of each plan shall be as follows:
p.416| Plan Options | Pilot Cost Share |
|---|---|
| Buy Up | 18% (as of January 1, 2017) 19% (as of January 1, 2018) 20% (as of January 1, 2019 and thereafter) |
| CDHP Purple with HSA/HRA CDHP Orange with HSA/HRA International* | 16% 15% 17% |
| Dental, Vision and HMO | 17% |
*For pilots based in FDAs, the monthly premium/contribution shall not exceed the amount of the monthly premium/contribution for the same coverage tier in the plan option with the highest monthly contribution offered to domestic-based pilots
The total projected costs for 2017 and each calendar year thereafter will be determined by an actuary selected by the Company and will be developed from the experience of all pilots and eligible dependents participating in medical, dental and vision coverage, excluding fully-insured options. The Company’s actuary will use reasonable actuarial assumptions and methods that are designed to determine such total projected costs in the actuary’s best professional judgment. By June 15th of each year, the Company will provide to the Association the actuary’s detailed preliminary determination of what the total projected costs will be in the following calendar year. At the Association’s request, the Company and the Company’s actuary will meet with the Association and the Association’s actuary to present and review the Company actuary’s detailed analysis. The Association may provide comments on such analysis by July 7, and the Company’s actuary will consider such comments in making its final determination of total projected costs. For example, by June 15, 2016, the Company will provide to the Association the actuary’s detailed preliminary determination of the total projected costs for 2017, and the Association may provide comments on such analysis by July 7, 2016.
As soon as practicable following the end of 2017 and each calendar year thereafter, the total projected per capita costs for all pilots and survivors paying active rates for that calendar year will be compared to the actual costs for that calendar year. This comparison will be performed in the aggregate for the Buy Up and CDHP options, and separately for dental benefits and vision benefits. The Company will meet with the Association to present these results. If the actual costs are more or less than the total projected costs (outside a corridor of +/- 3%), the p.417 difference times the year’s contribution percentage shall be applied to each coverage tier for the next year’s contributions for all pilots and survivors paying active rates participating in that coverage tier in the next calendar year; provided, however, that total monthly contributions for any coverage tier will be not more than 10% over the monthly contributions payable for such coverage tier for the immediately preceding calendar year.
Example: As soon as practicable in 2018, the total projected per capita costs for all pilots and survivors paying active rates for 2017 will be compared to the actual costs for 2017, and if the actual costs are more or less than the total projected costs (outside a corridor of +/-3%), the difference times the 2017 contribution percentage shall be applied to 2019’s contributions for all pilots and survivors paying active rates participating in 2019; provided that the total monthly contributions for any coverage tier will not be more than 10% over the monthly contributions payable for such coverage tier for 2018.
7.The Company will offer plan options for those pilots and eligible dependents living in Hawaii on terms no less favorable than the terms offered to any other employee, as required by state law.
8.In the case of death of a pilot while on the Master Seniority List, the pilot’s eligible surviving spouse and eligible surviving dependents will be eligible for coverage under the Group Health Plan for Pilots and/or the Retiree Group Health Plan for Pilots.
9.Coverage under the Group Health Plan for Pilots ends for a pilot and the pilot’s eligible, covered dependents as provided in the Group Health Plan for Pilots.
10.Payment of benefits from the Group Health Plan for Pilots is subject to the Plan’s right to reimbursement/subrogation, as described in the reimbursement/subrogation provisions of the Plans and as administered by the Company’s agent for all other employees of the Company.
11.Other restrictions, requirements and limitations in the Group Health Plan for Pilots described above are set forth in the Group Health Plan for Pilots.
12.On January 1, 2017, the Company will offer Anthem’s Smart Rewards program (wellness program) for pilots and eligible spouses enrolled in the CDHP Purple and Orange options. After completing a Health Assessment and participating in two (2) wellness programs, the pilot and the pilot’s eligible spouse will each earn $300 to be deposited in the HSA (or credited to the HRA as applicable) annually (as soon as practicable after January 1). All information and data submitted by a pilot or a pilot’s spouse related to Health Assessments and wellness programs shall be protected health information that shall not be used by the Company or Anthem for any purpose other than administration p.418 of the Group Health Plan for Pilots. The entire cost of amounts earned under this Section 27.G.12. shall be borne by the Company and shall not be included in total projected costs or actual costs under Section 27.G.6.
13.Within six months following November 2, 2015, the Company will commence a Request for Proposal (RFP) among vendors, to bid on the dental and vision benefits for domestic based pilots and pilots based in FDAs, with the intent that any change(s) in vendor(s) be effective as soon as practicable following November 2, 2015. Except for monthly premiums/contributions, the material terms of dental and vision benefits shall be no less favorable than the terms in effect before November 2, 2015, including the modifications described in Section 27, Appendix A. The RFP will seek fully insured and self-insured bids. The RFP for dental benefits will inquire whether the vendor is able to administer the FAIR Health benchmarks, in lieu of R&C, with respect to out-of-network dental benefits. The Company and the Association will establish a Dental and Vision Working Group (DVWG), consisting of two regular members appointed by the Company and two regular members appointed by the Association. The DVWG will perform the following duties with respect to the RFP: development of plan design components and RFP criteria, identification and interviewing of candidates, receipt and review of candidates’ presentations, discuss RFP results, and make recommendations to the Company (which recommendations may be made by the DVWG as a whole or by individual members or groups of members of the DVWG). The Company shall pay the full cost of the RFP process, other than the expenses of the DVWG members appointed by the Association. Following the RFP process, and taking into account the DVWG’s recommendations, the Company will select new vendors for the dental and vision benefits or will retain the current vendors, and first notify and consult with the Association regarding such intended action as soon as practical and explain to the Association the reasons that the vendor is being chosen to better support the dental and vision benefits for pilots. The dental and vision vendors chosen will be implemented no later than January 1 immediately following 12 months from selection.
14.The Group Health Plan for Pilots shall be amended effective January 1, 2017, to provide for the following:
a.Provide coverage for:
i.A pilot’s spouse who is in U.S. military service.
ii.A pilot’s spouse who is an employee of the Company (or an affiliate of the Company). However, the spouse cannot be covered both as an employee and as a dependent.
b.p.419 Hearing aids, repairs, batteries and appliances, up to $5,000 every three years (per participant).
c.Acupuncture based on Anthem’s or the International Claims Paying Administrator’s guidelines, as applicable.
d.Dental implants for non-accidents as Class IV service and eliminate the lifetime dental benefit.
e.The following new vision benefits: (i) one routine eye exam once every calendar year (rather than every 12 months), (ii) one pair of frames every two calendar years (rather than every 24 months), one pair of lenses every calendar year (rather than every 12 months), and (iv) contact lenses every calendar year (rather than every 12 months).
15.The Company will facilitate transparency in the pricing and quality of health care providers (including facilities) by continuing to provide access to a rating system/solution provided that such a system is offered by Anthem (unless the Company and the Association agree upon a different or supplemental system).
16.The Group Health Plan for Pilots shall provide that determination of the premiums/contributions to be paid by a pilot’s survivors for health coverage (assuming the survivors are eligible for survivor health coverage under the foregoing provisions of Section 27.G.) shall be as follows, where the pilot’s survivors, prior to the pilot’s death, were covered, along with the pilot, as a single group under a single coverage tier. The Company will provide survivor health coverage, under the foregoing provisions of Section 27.G. to all of the eligible survivors as a single group under a single coverage tier. The Company will send one information packet to the surviving spouse; if there is not a surviving spouse, the packet will be sent to the oldest child. If all survivors agree on a single coverage tier, only one survivor (the surviving spouse if there is one, otherwise the oldest child) will be charged for the coverage. If all the survivors cannot agree on a single coverage tier, then the survivors will divide themselves into as many separate groups as desired, with the goal of having the least number of coverage groups possible. Each coverage group will be charged for coverage at the applicable rate for that group’s coverage tier. For each coverage group, only one survivor (the surviving spouse if there is one, otherwise the oldest child in the coverage group) will be charged for the coverage. An adult survivor may elect to leave a coverage group and elect either to maintain coverage at the rate applicable to the survivor as an individual (assuming the survivor continues to be eligible for survivor health coverage) or to maintain no coverage, but once an adult survivor elects to leave a coverage group, the adult survivor may not elect to return to that coverage.
H.p.420 Retiree Group Health Plan for Pilots (Coverage for Retirees and Eligible Survivors)
1.The Company shall provide medical benefits (including pharmacy, mental health and substance abuse benefits), dental benefits and vision benefits to pilots who have retired on or after February 4, 1999, and their eligible covered spouses and dependents, and their eligible survivors, in accordance with the terms of the Federal Express Corporation Retiree Group Health Plan for Pilots. A pilot must comply with the requirements of the Retiree Group Health Plan for Pilots or lose or risk losing coverage. Any changes to the Retiree Group Health Plan for Pilots can only be made as provided in Section 27.A.3.
2.A retiring pilot is eligible for retiree coverage under the Retiree Group Health Plan for Pilots if the pilot:
a.was hired before January 1, 1988, is at least 55 years old, and has 10 years of permanent continuous service with the Company after age 45;
b.was hired on or after January 1, 1988, or was a Flying Tiger employee who began to work for the Company on August 7, 1989, and is at least 55 years old, and has 20 years of continuous service after age 35 (Flying Tiger continuous service plus FedEx permanent continuous service); or
c.is at least age 60 with at least five years permanent continuous service.
For purposes of this paragraph, “continuous service” means service that begins on the first day of employment with the Company in a permanent full-time or permanent part-time position and which is uninterrupted by resignation, retirement, discharge, reduction in force of more than two years, or reversion to a nonpermanent position.
3.Coverage under the Retiree Group Health Plan for Pilots for a retired pilot and for the eligible survivors of active and retired pilots shall be as set forth under Section 27 Appendix B and the plan document, which includes the following:
a.The Retiree Group Health Plan for Pilots shall provide coverage solely for the retiring pilot and/or the pilot’s eligible spouse and dependents for the period prior to their attaining Medicare eligibility age. Retiring pilots who have attained Medicare eligibility age may, if eligible, elect coverage under the Premium Reimbursement Plan described in Section 27.I.
b.The Retiree Group Health Plan for Pilots shall provide that the following individuals are eligible for coverage:
i.Retired Pilots. A retired pilot, and the retired pilot’s eligible spouse and eligible dependents, are eligible for coverage if p.421 the pilot retires on or after February 4, 1999 after having satisfied the age and service eligibility requirements for retiree health coverage under the plan provisions in effect on the date of the pilot’s retirement.
ii.Retired Pilot’s Eligible Surviving Spouse and Eligible Surviving Dependents. In the case of death of a retired pilot, the retired pilot’s eligible surviving spouse and eligible surviving dependents will be eligible for coverage under the Retiree Group Health Plan for Pilots, as specified in the Plan.
c.Any Company cost for providing Pre-Medicare coverage which is in excess of one and one-half times the Company’s fiscal 1993 per capita projected cost ($4,813 annually for each Pre-Medicare eligible retired pilot, spouse or surviving spouse) shall be paid by the retired pilot (or survivor).
d.The monthly premium/contribution for a retired pilot and the pilot’s eligible spouse and eligible dependents and for eligible survivors is as follows:
i.The Company will pay the first $401.08 per month ($4,813 annually) of the total projected cost of health coverage for each Pre-Medicare eligible retired pilot and the same amount for each eligible spouse and the same amount for each eligible surviving spouse (i.e., the Company’s fiscal 1993 per capita cap is maintained). The remainder of the total projected cost for each pilot and for each spouse will be paid by the covered individual, from the assets in the individual’s Health Reimbursement Account (HRA) or if administratively feasible, the individual’s Health Savings Account (HSA), if any, or from the individual’s other assets.
ii.For all dependent children and all surviving dependent children (not per child), effective January 1, 2017, the participant’s monthly contribution for coverage will be as follows:
(a)$62.00 for the Buy Up Plan, $28.00 for the CDHP Purple option without HSA/HRA, $28.00 for the CDHP Orange option without HSA/HRA, $62.00 for the HMSA $62.00, Health Plan Hawaii and $26.00 for the High Deductible option; and
(b)effective January 1, 2018, dependent children and surviving children rates will increase annually by the same percentage increase as retiree and spouse rates.
Notwithstanding the annual increase, for calendar year 2018 and beyond, the dependent children and surviving children rate will be the same for both the CDHP Purple (without HSA/HRA) and CDHP Orange (without HSA/HRA) options.
p.422 For this purpose, “total projected cost” will be determined by the actuarial firm selected by the Company, exercising its best professional judgment, based on the total blended cost of all retired pilots and non-pilot retirees (and spouses, other dependents and survivors) participating in Pre-Medicare health benefits. Such determination (and supporting data) regarding the pilots’ costs will be shared with the Association in advance of each open enrollment period.
If the Retiree Group Health Plan for Pilots is projected to generate an Excise Tax, the Excise Tax will be added to the premiums/ contributions and will be paid by the participant.
The Company’s actuary will use reasonable actuarial assumptions and methods that are designed to determine such total projected costs in the actuary’s best professional judgment. By September 15th of each year, the Company will provide to the Association the actuary’s detailed determination of what the total projected costs will be in the following calendar year.
e.Eligible spouses and dependents on the date that a pilot commences coverage under the Retiree Group Health Plan for Pilots, and eligible survivors of retired pilots, are eligible for coverage under the Retiree Group Health Plan for Pilots, subject to the provisions in effect on the date of the pilot’s retirement.
f.A covered individual shall have the option of having monthly Retiree Group Health Plan for Pilots premiums/contributions deducted from the monthly pension check, or the Health Reimbursement Account (HRA) or if administratively feasible, the Health Savings Account (HSA), if applicable. The covered individual may also have the option of paying these premiums/contributions by check on a monthly basis.
4.Coverage under the Retiree Group Health Plan for Pilots
For retired pilots and other eligible individuals, the Company shall provide medical benefits (including pharmacy, mental health and substance abuse benefits) under the Retiree Group Health Plan for Pilots, administered by Anthem. The Plan options are described in Section 27 Appendix B.
5.Through December 31, 2016, medical benefit options (including pharmacy, mental health and substance abuse benefits), dental benefit options and the vision benefit option under the Retiree Group Health Plan for Pilots are the same as those in effect for retired pilots on November 1, 2015. Effective January 1, 2017, medical benefit options (including pharmacy, mental health and substance abuse benefits) under the Retiree Group Health Plan for Pilots consist of the following, as further described in Section 27, Appendix B: Buy Up Option, CDHP Purple p.423 Option (Without HSA/HRA), CDHP Orange Option (Without HSA/ HRA), High Deductible Option and Retiree HRA Only Option. Additionally, self-insured or fully-insured dental and vision coverage shall be offered separately from medical (including pharmacy, mental health and substance abuse benefits). The Company will offer plan options for those retired pilots and eligible dependents living in Hawaii on terms no less favorable than the terms offered to any other employee, as required by state law. Dental and vision benefits are the same as those for active pilots as described in Section 27, Appendix A.
6.Payment of benefits from the Retiree Group Health Plan for Pilots is subject to the Plan’s right to reimbursement/subrogation, as described in the reimbursement/subrogation provisions of the Plan and as administered by the Company’s agent for all other employees of the Company.
7.Other restrictions, requirements and limitations in the Retiree Group Health Plan for Pilots described above are set forth in the Retiree Group Health Plan for Pilots, and as described herein.
8.Health Reimbursement Accounts. The Company will continue to administer a Voluntary Employees Beneficiary Association (VEBA) with individual Health Reimbursement Accounts (HRAs) for the following individuals:
a.For each eligible pilot who retired after May 31, 2004, but before August 26, 2006, the Company will deposit the signing bonus otherwise to be provided to these pilots into an individual HRA in the same amount as they would have received under the signing bonus program. A retired pilot is eligible to receive such contribution if the retired pilot met the age and service requirements for coverage under the Retiree Group Health Plan at the retired pilot’s retirement. The Company will make the payment to the HRAs under the VEBA upon establishment of the VEBA, to occur not later than January 28, 2007 (90 days after October 30, 2006).
b.For each eligible active pilot (i) having a Master Seniority List number on August 25, 2006, (ii) who has attained at least age 53 before January 1, 2007, (iii) who is expected to meet the age and service requirements for coverage under the Retiree Group Health Plan as of the pilot’s attainment of age 60 or older, and (iv) who retires on or after August 26, 2006, the Company will make a one-time cash payment of restricted signing bonus to the VEBA equal to $25,000. Such contributions shall be made no later than January 28, 2007 (90 days after October 30, 2006). The contribution and interest attributable thereto shall be transferred to the HRA established with respect to that pilot upon the date that the pilot attains age 59, or if earlier, as soon as practicable after the pilot dies. If a pilot attains age 59 or dies prior to the date that the p.424 Company funds the VEBA pursuant to this paragraph b., the contribution and interest attributable to such pilot shall be transferred to the HRA as soon as possible after the date on which the Company funds the VEBA.
HRA contributions will not be reduced for a pilot who continues as an active employee past age 60.
There is no requirement that a pilot participate in a Company sponsored Pre-Medicare health care plan when the pilot retires in order to use the pilot’s HRA or to receive an HRA contribution.
c.A pilot’s HRA may be used for reimbursement of any qualified medical expenses while retired, including participant premiums/ contributions, whether before or after Medicare eligibility. Any unused amounts in the HRA at the time of the pilot’s death (whether before or after retirement) may be used for reimbursement of any qualified medical expenses of the eligible surviving spouse and any other eligible surviving dependents. Any unused amounts in the HRA at the last to die of the pilot, eligible surviving spouse and eligible surviving dependents will be forfeited to the VEBA.
d.Accounts with minimal balances ($10.00 or less) shall be forfeited after six months of account inactivity. Amounts forfeited to the VEBA will be applied to pay the reasonable administrative expenses of the VEBA.
e.The Company will pay all administrative expenses of the VEBA in excess of administrative expenses paid out of forfeitures pursuant to the above paragraph.
f.Participants will be allowed to access their HRA by using a debit card.
9.The Retiree Group Health Plan for Pilots shall be amended to provide changes consistent with the changes to the Group Health Plan for Pilots provided in Section 27.G.14 (regarding benefit modifications), Section 27.G.15. (regarding transparency systems), and Section 27.G.16. (regarding survivors’ premiums/contributions). In addition, the Buy Up Option, CDHP Purple Option (Without HSA/HRA) and CDHP Orange Option (Without HSA/HRA) under the Retiree Group Health Plan for Pilots shall be amended to provide the same changes as are made to the Buy Up Option, CDHP Purple Option and CDHP Orange Option under the Group Health Plan for Pilots pursuant to Section 27.A.11., whether or not such changes affect application of the Excise Tax to the options under the Retiree Group Health Plan for Pilots.
10.An HRA shall be established for each eligible pilot and eligible spouse who elects the HRA Retiree Only Option under the Retiree Group Health Plan for Pilots. The Company shall credit $4,813.00 annually in a separate HRA account for each eligible pilot and eligible spouse.
p.425 The amount will be prorated in the pilot’s year of retirement. The HRA account is a notional account held in a non-interest bearing account. Any unused amounts in the HRA at the last to die of the pilot, eligible spouse and eligible surviving dependents will be forfeited. Accounts with minimal balances ($10 or less) shall be forfeited after six months of account inactivity, once the pilot and the eligible spouse attain Medicare eligibility. Once an eligible pilot or eligible spouse elects the HRA Retiree Only Option, that participant is not allowed to elect any other option under the Retiree Group Health Plan for Pilots.
I.Premium Reimbursement Plan (Post-Medicare)
1.[Reserved]
2.The Association shall continue to sponsor and maintain a post-Medicare retiree health plan and Voluntary Employees’ Beneficiary Association (“VEBA”). Effective January 1, 2014, the plan shall be known as the Premium Reimbursement Plan (PRP). The PRP and VEBA are collectively bargained for purposes of Internal Revenue Code (“Code”) §§419 and 419A.
3.Effective with respect to credit hours paid on or after November 2, 2015, the Company will contribute to the VEBA $1.00, plus an additional $0.05 on the first day of each November bid period thereafter, for each paid credit hour for each pilot having a Master Seniority List number (which would otherwise be paid to the pilot in cash) as the pilot’s ongoing monthly contribution to the PRP/VEBA. The Company shall remit such contributions to the VEBA no later than the 15th day of the calendar month following the calendar month during which the credit hours were actually paid. On the effective date of the Company’s contribution of $1.00 (increased, as provided above) per paid credit hour, the hourly pay rates agreed upon for pilots will be established as book rates. Actual pay rates will be decreased by the per hour contribution specified above. All retirement and welfare benefits based on pay will be based on pay determined under the book rates. The purpose of this provision is to allow the ongoing monthly VEBA contributions per paid credit hour to be funded out of compensation that would otherwise be paid directly to pilots in cash.
4.The PRP and VEBA will be administered by the Administrative Board (Board), which will be composed five members: one regular member, two regular retiree members, and two alternative members, as determined by the Association. The President of the Association will appoint and remove all members, based on the recommendations of the FedEx MEC. A quorum is established by three members. Decisions of the Board will be made by majority of the three members voting. The Board will select, monitor and replace all vendors and other providers of services to the PRP and VEBA. The Board will determine the investment policy and will have full responsibility for investment of the VEBA p.426 funds. Board members are fiduciaries subject to ERISA’s standards of conduct for fiduciaries. The Board will determine the reasonable administrative expenses which may be paid by the PRP/VEBA.
5.The Association will prepare and adopt the PRP and VEBA documents. The Association shall have the sole power to amend the PRP and VEBA at any time, without the Company’s consent, provided that no modification (i) shall conflict with the terms of this Agreement, or (ii) shall increase the obligations of the Company under this Agreement without the Company’s consent.
6.The PRP will provide a retired pilot, and the retired pilot’s spouse or surviving spouse and the retired pilot’s eligible child with reimbursement of the amount incurred by the individual to obtain coverage under a Medicare Supplemental policy, a Medicare Advantage Plan, Medicare Part D, and/or Tricare, or other available post-Medicare coverage as determined by the Board, up to a maximum monthly reimbursement as determined by the Board. The CBA’s grievance procedures will not apply to any individual benefit claims or appeals of individual benefit claims under the PRP.
7.Any assets remaining in the VEBA in the event of termination of the PRP will be distributed to the following individuals, in such shares as determined by the Board:
a.Retired pilots participating in the PRP upon termination of the PRP;
b.Retired pilots who would have participated in the PRP but who, as of termination of the PRP, have not yet attained Medicare eligibility age;
c.Pilots on whose behalf the Company has remitted any monthly contributions;
d.Survivors participating in the PRP upon termination of the PRP.
8.The following retired pilots, eligible spouses and eligible dependents, and eligible survivors, shall be eligible to participate in the PRP (“Eligible Individuals”):
a.A retired pilot who has attained Medicare eligibility age, and the retired pilot’s eligible spouse who has attained Medicare eligibility age, are eligible for coverage under the PRP if the pilot retires on or after February 4, 1999, after having satisfied the age and service eligibility requirements for retiree health coverage under the Retiree Group Health Plan for Pilots. The retired pilot’s eligible spouse and eligible dependents who are not eligible for Medicare will remain in the Retiree Group Health Plan for Pilots until they are either eligible for Medicare, then enter the PRP, or in the case of a dependent child, cease to be eligible for coverage under the Retiree Group Health Plan for Pilots.
b.p.427 Pilot’s Eligible Surviving Spouse and Eligible Surviving Dependents. A pilot’s eligible surviving spouse or eligible surviving dependent who has attained Medicare eligibility age is eligible for coverage under the PRP if the pilot:
i.Reti red on or after February 4, 1999, after having satisfied the age and service eligibility requirements for coverage under the Retiree Group Health Plan for Pilots; or
ii.Died on or after October 30, 2006, while on the Master Seniority List, after hav ing satisfied the age and service eligibility requirements for coverage under the Retiree Group Health Plan for Pilots.
c.The eligibility of a retired pilot or such pilot’s eligible spouse or eligible dependent for coverage under the PRP will begin when that individual attains Medicare age. An Eligible Individual may defer or suspend coverage, and in such event, may commence or resume coverage at a later date, in accordance with procedures determined by the Board.
d.Effective for pilots who retire after November 2, 2015, or for a surviving spouse or surviving dependent of a retiree health eligible pilot who dies after November 2, 2015, it is not necessary for an individual to be covered under a Company-sponsored health plan immediately prior to coverage under the PRP.
e.Effective January 1, 2022, retired pilots who have performed five years of permanent continuous service, and their dependents, are eligible for coverage under the PRP.
f.The Board will establish guidelines for opt-out, deferral, suspension and termination of enrollment.
9.With the exception of the remittance of contributions on behalf of pilots as described in Section 27.I.3. above, the Company will have no administrative responsibility for the PRP and/or VEBA. However, the Company will provide to the Board such relevant data as is readily available from the Company’s records (or its vendors’ records) and which is necessary or appropriate for the Administrative Board’s proper administration of the PRP.
The Company will make its best efforts to inform the Board of the death of any retired pilots, spouses and dependents, and authorizes the Board to make requests of the Plan administrator of the FedEx Corporation Employees’ Pension Plan. The Company shall have no further responsibility regarding the determination of an Eligible Individual’s eligibility for coverage under the PRP.
10.The parties agree that at the time this Agreement becomes amendable, the Association and the Company will negotiate further with respect to appropriate future contributions to the VEBA. Ninety days p.428 prior to the amendable date, the Association agrees to provide (or have the vendor provide) relevant data, information, claim experience, etc. to the Company in anticipation of and solely with respect to these negotiations.
J.Disability Plan
1.Except as provided herein, the terms and conditions of the Federal Express Corporation Long Term Disability Plan for Pilots (the “LTD Plan”) shall remain the same and shall not be amended without the consent of the Association, which consent shall not be unreasonably withheld.
2.A pilot shall be eligible for LTD Plan benefits upon exhaustion of the pilot’s regular and disability sick accounts, as described in Section 14, or upon the pilot’s experiencing a seat change or upon moving to a non-pilot position because of disability, as described in the LTD Plan. Except as provided in Section 27.J.7., disability benefits paid to pilots who are disabled prior to October 30, 2006, shall be governed by the terms of the disability plans in effect on the date of commencement of the disability. Pilots who become disabled on or after October 30, 2006, shall be governed by the provisions below.
3.LTD Plan benefits payable to a pilot whose disability commences on or after October 30, 2006, shall equal 60% of monthly earnings, as described in Section 27.J.6., for the first 24 months that a pilot is eligible to receive benefits under the LTD Plan, subject to the limits in Section 27.J.7. Thereafter, benefits payable to a pilot who becomes disabled and continues to have an occupational disability shall equal 50% of monthly earnings, as described in Section 27.J.6., and subject to the limits in Section 27.J.7. Such benefits shall be paid through the earlier of the date on which such pilot (1) ceases to be disabled, or (2) the date on which the pilot attains age 65.
4.In order for a pilot to continue to be eligible for a disability benefit under the LTD Plan, the pilot must fully cooperate with the Claims Paying Administrator, in coordination with the Aeromedical Advisor, and must diligently seek restoration of any required license or medical certificate to allow the pilot to return to work.
5.The Company shall pay the full cost of such coverage.
6.Monthly earnings shall continue to be defined as a pilot’s basic monthly compensation, i.e., the 12 highest consecutive months out of the 36 consecutive months preceding the disability period.
7.A pilot’s monthly LTD Plan benefit during the first 24 months of disability may not exceed 60% of the monthly compensation limit set forth in Code § 401(a)(17). A pilot’s monthly LTD Plan benefit following the first 24 months of disability may not exceed 50% of the monthly compensation limit set forth in Code § 401(a)(17). Increases to this limit shall be indexed based on periodic adjustments to the limitations of p.429 Code § 401(a)(17). The benefit amount adjustments made under this Section 27.J.7. are not intended to be one-time adjustments; rather, adjustments will continue to be made in the future, for benefits paid thereafter, at the time of future adjustments to the limitations of Code § 401(a)(17). This Section 27.J.7. shall apply to all pilots, whether their benefits began before or after the signing of this Agreement. In the event the limit set forth in Code § 401(a)(17) is decreased legislatively, the Company shall establish a VEBA to cover pilots in the LTD Plan only. Compensation used to calculate benefits to be paid from the newly established VEBA shall be limited annually to the greater of (1) the highest limit under Code § 401(a)(17) in effect at any time prior to it being decreased or (2) the current limit in effect under Code § 401(a) (17).
8.Current LTD Plan provisions concerning the offset for wages earned by a pilot who experiences a disability related seat change or disability related move to a non-pilot position shall remain in effect as provided in the LTD Plan.
9.[Reserved]
10.The duration of the LTD Plan benefits for mental disorders, as currently defined in the LTD Plan, shall remain at a maximum of 60 months.
11.Effective on November 2, 2015, the duration of LTD Plan benefits for alcohol and substance abuse shall be at a maximum of 18 months (up to 12 months, plus, for pilots seeking medical recertification, up to an additional 6 months). For pilots whose disability commencement date is before November 2, 2015, the duration of LTD benefits for alcohol and substance abuse will remain at 26 weeks.
12.Payment of benefits from the LTD Plan is subject to the LTD Plan’s right to reimbursement/subrogation, as described in the reimbursement/subrogation provisions of the LTD Plan and as administered by the Company’s agent for all other employees of the Company.
13.An LTD Plan reduction arising out of other employment or self-employment during the term of a pilot’s disability shall be applicable to a pilot only after the disability payments plus the outside income earned by the pilot exceed the pilot’s pre-disability income. For purposes of this provision, a pilot’s pre-disability income shall be measured as the average earnings (Company and outside earned income) over the 12 months immediately preceding the pilot’s disability.
For example, a pilot programs software as a side business in addition to flying. The pilot breaks the pilot’s arm on July 1, 2016, and goes on LTD disability after the pilot’s sick leave runs out on September 1, 2016. Between July 1, 2015, and July 1, 2016, the pilot made $100,000 as a FedEx pilot and $25,000 in the pilot’s software business, for a monthly average total of $10,416.66. While on disability, the pilot continues p.430 to program software and makes $4,000 per month in addition to drawing a monthly disability of $5,000.00 (for the first 24 months; $4,166 thereafter) from the Company. The $9,000.00 monthly average income is below the $10,416.66 the pilot earned before the pilot’s disability, so no offset is required. If however, the pilot earned $7,000 per month in the software business, then the pilot’s total monthly earnings ($12,000.00) would exceed the pilot’s combined pre-disability monthly income ($10,416.66) by $1,583.34. In this situation, a monthly disability reduction of 50% of the $1,583.34, or $791.67 per month would be required.
14.Disability benefit payments under the LTD Plan shall end as described in the LTD Plan.
15.LTD benefits shall be reduced by other benefits and income received during the disability period, as described in the LTD Plan except: (i) as provided in Section 27.J.13., and (ii) the amount of a pilot’s Social Security Disability Income which shall be offset from the pilot’s LTD benefits in an amount equal to 70% (100% with respect to disabilities commencing prior to October 30, 2006) of the Social Security Disability Income payable to the pilot (excluding any amount payable to the pilot on account of any member of the pilot’s family).
16.A pilot claiming LTD benefits shall not receive such benefits unless the pilot’s claim is substantiated by significant objective findings of disability as defined in the LTD Plan.
17.A pilot shall be subject to restrictions on recurring disability periods as described in the LTD Plan.
18.LTD benefits shall not be paid for a disability caused by an excludable condition listed in the LTD Plan.
19.During the period that a pilot is on disability, the pilot shall have access to Company communications systems including pilot.fedex.com, Workday, and Company email.
20.The Company’s agreement with the current administrator (The Hartford) of LTD Plan benefits under Section 27.J. will provide that at any time such entity is also the administrator of benefits under any FDX MEC sponsored disability plan, a pilot may elect to direct the administrator in writing to share amongst the Federal Express Corporation LTD Plan for Pilots and the FDX MEC sponsored disability plan any and all medical records or medical reports received from any current treating providers, with respect to any one of such plans. Regardless of the sharing of information, each plan shall be administered independently according to its specific plan provisions and procedures and there shall be no collaboration between the Federal Express Corporation LTD Plan for Pilots Plan Administrator and the FDX MEC sponsored Disability Plan Administrator in claims payment decisions under each p.431 plan. The pilot must sign and date an Authorization to Share Information Form, approved by both FedEx and the FDX MEC. The pilot is required to provide an updated Authorization to Share Information Form as required by The Hartford. At any time such entity is not The Hartford for both the Federal Express Corporation LTD Plan for Pilots and the FDX MEC sponsored disability plan, information will not be shared unless the Company is able to negotiate the same arrangement with the new vendor.
21.Recovery of overpayments under the LTD Plan will be subject to the Settlement Agreement between the Company and the Association, concerning the Overpayment Recovery Process, dated February 7, 2013.
K.Dependent Care Flexible Spending Account Plan
Pilots shall continue to be permitted to participate in the Federal Express Corporation Dependent Care Flexible Spending Account Plan for Pilots, under the same terms and conditions as other employees of the Company, until December 31, 2016. Thereafter, pilots shall be permitted to participate in a Dependent Care Flexible Spending Account Plan up to the maximum amount allowed by law. As soon as practicable after November 2, 2015, such plan will be administered by HealthEquity.
L.Health Care Contribution Plan
Pilots shall continue to be permitted to participate in the Federal Express Corporation Health Care Contribution Plan.
M.Health Care Flexible Spending Account Plan for Pilots
Effective February 1, 2016, the Health Care Savings Account Plan for Pilots shall be renamed as the Federal Express Corporation Health Care Flexible Spending Account for Pilots (FSA). Pilots shall be permitted to participate in the FSA up to the maximum amount allowed by law, which shall be amended to comply with HSA compatibility rules. Pilots will be able to use a debit card to access their accounts under the Plan. As soon as practicable after November 2, 2015, such plan will be administered by HealthEquity.
Before 2017, the FSA Plan shall permit a pilot to participate in a Full Purpose Health Care FSA. For 2017 and beyond, the FSA Plan shall permit a pilot to participate only in a Limited Purpose FSA if the pilot participates in a CDHP option for medical benefits, and shall permit a pilot to participate in a Full Purpose FSA if the pilot participates in any other health plan option (including a CDHP option with HRA).
In the case of a pilot who participates in a Full Purpose FSA in one calendar year and switches to a CDHP option with HSA in the next calendar year, the Full Purpose FSA will be converted to a Limited Purpose FSA after the run-out period.
N.p.432 Health Savings Account (HSA) for Pilots
The Company shall contribute in cash to an HSA for each participant who establishes an HSA with HealthEquity (or successor vendor) and who is covered under a CDHP Option with HSA. HSA contributions shall be in the amount specified in Section 27, Appendix A. The CDHP Options shall meet the requirements of Code §223. With the exception of investment related expenses, the Company shall pay all administrative costs of the HSAs.
If federal law is amended to reduce the maximum amount that may be contributed to an HSA below the amounts specified in Section 27, Appendix A, then the Company shall pay such remaining amount in cash to the participant pursuant to the schedule in Appendix A, if administratively feasible, or as soon as possible.
Pilots will be able to make HSA contributions up to the limits established by law. HSAs established under Section 27 shall allow for participant-directed investment to the maximum extent allowed under HealthEquity’s (or any successor vendor’s) guidelines.
O.Health Reimbursement Arrangement (HRA) for Pilots
The Company shall credit to an HRA account for each pilot who elects a CDHP Option with HRA. HRA credits shall be in the amount specified in Section 27, Appendix A. The Company will credit each pilot’s account monthly with interest at an annual rate of 4%. HRA plan options will be administered by HealthEquity (or successor vendor). The Company shall pay all administrative costs of the HRAs. When an active pilot’s participation in the Plan ends due to death or termination from the Company, accounts with minimal balances ($10.00 or less) shall be forfeited after six months of account inactivity.
If federal law is amended to limit the maximum amount that may be credited to an HRA below the amounts specified in Section 27, Appendix A, then the Company shall pay such remaining amount in cash to the participant pursuant to the schedule in Appendix A, if administratively feasible, as soon as possible.
This Section 27.O. shall not apply to any HRA established prior to November 2, 2015, under Section 27.H.8.
P.Long Term Care Plan
Pilots shall continue to be permitted to participate in the Federal Express Corporation Long Term Care Plan, under the same terms and conditions as other employees of the Company. Effective January 1, 2013, this Plan was closed to new enrollees. If the Plan is reopened to new enrollees, pilots shall be permitted to participate under the same terms and conditions as other employees of the Company.
Q.p.433 Group Legal Services Plan
Pilots shall continue to be permitted to participate in the Federal Express Corporation Group Legal Services Plan, under the same terms and conditions as other employees of the Company.
R.Voluntary Programs
Pilots shall continue to be permitted to participate in the Voluntary Programs, under the same terms and conditions as other employees of the Company.
S.Adoption Program
Pilots shall be permitted to participate in the Adoption Program, under the same terms and conditions as other employees of the Company.
T.Pilot Benefit Review Board
1.A Pilot Benefit Review Board (PBRB) shall be established for the Insurance Plans and the Retirement Plans described in Section 28. The Company and the Association shall agree to a Charter for the PBRB, to govern the procedures of the PBRB. The Charter shall not be inconsistent with the provisions of this Agreement and shall comply with ERISA §503, “Claims Procedure,” and regulations of the Department of Labor thereunder.
2.The PBRB shall consist of an equal number of members appointed by the Company and members appointed by the Association. Each party shall appoint up to three members. Vacancies in the membership of the PBRB shall be filled by appointment of the respective parties. At any meeting of the PBRB, the Company and Association members may be accompanied by HIPAA trained individuals who the Company or Association members may deem appropriate. A claimant may not attend the PBRB sitting without a neutral member but may attend the PBRB sitting with a neutral member.
3.The PBRB may convene meetings at its discretion, or whenever a majority of the members of the PBRB make a written request for a meeting at least fourteen days prior to the meeting date.
4.The PBRB may convene meetings in person, by telephone conference, or by other electronic means as mutually agreed upon.
5.A claimant (pilot, former pilot, retired pilot, spouse, child or beneficiary) or authorized representative may appeal a claim which is denied through the claims and appeals process established by the claims paying administrator. Any claimant who seeks review by the PBRB must make a request in writing no later than one hundred twenty (120) days following the date on which a decision is rendered on appeal. The PBRB may, in its discretion, waive the one hundred twenty day period if circumstances warrant, in order to insure a full and fair review of a claimant’s claim. A claimant who requests a review by the PBRB shall p.434 have at least thirty (30) days from the date of the claimant’s request to submit any written statement or other documentation for the PBRB’s consideration during its review. The PBRB is not required to conduct a formal hearing with respect to the review of any claim presented by a claimant.
6.A majority of the PBRB, sitting without a neutral member, shall constitute a quorum. Each member of the PBRB shall have one vote. In the event that one member is absent from a meeting, such member may give the member’s proxy to another member. Proxies must be in writing.
7.A decision by majority vote shall be final and binding on all parties, and the PBRB shall issue a written decision within thirty (30) days after the vote.
8.In the event of a deadlock vote, the PBRB shall convene a meeting, which shall be chaired by a neutral arbitrator, to render its decision. The neutral arbitrator shall be selected from a panel of arbitrators designated jointly by the Company and the Association. Such panel shall be comprised of members of the National Academy of Arbitrators and experienced in both airline arbitration and pension or other relevant employee benefit issues. A decision by majority vote shall be final and binding on all parties, and the PBRB shall issue a written decision within thirty (30) days after the vote.
Should vacancies occur on the panel of neutral arbitrators, the parties shall attempt to agree on a replacement within thirty (30) days after the vacancy occurs. If the parties are unable to agree on a replacement, the vacancy shall remain unfilled unless there are too few arbitrators to preside over required meetings, in which case the parties may select an arbitrator by the alternative strike method from a list of arbitrators provided by the National Mediation Board who are members of the National Academy of Arbitrators to preside over scheduled meetings on an ad hoc basis.
Section 27, Appendix A
p.435 FEDERAL EXPRESS CORPORATION GROUP HEALTH PLAN FOR PILOTS
MEDICAL BENEFITS (INCLUDING PHARMACY, MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS)
| BENEFIT | BUY UP OPTION | CDHP PURPLE WITH HSA CDHP PURPLE WITH HRA | ||
|---|---|---|---|---|
| IN- NETWORK PROVIDER | OUT-OF-NETWORK | IN-NETWORK PROVIDER | OUT-OF-NETWORK | |
| Coinsurance | 100% | 70% after deductible | 90% after deductible | 70% after deductible |
| Company HSA and HRA Funding (Wellness rewards, contributions/credit to HSA or HRA in lump sum as soon as practicable after January 1; other HSA and HRA contributions/credit will be 1/12 each month.) | $0 | Starting 2017 and beyond: Pilot Only- $2,000* Pilot Plus- $4,000* *Plus: $300 wellness reward for each covered pilot and covered spouse | ||
| Deductible** (pilot only/pilot plus) (includes all copays, medical and pharmacy coinsurance for CDHP Purple Plan) | $0 | $250/$750 | Pilot Only $2,500 Pilot Plus $2,600 per individual (after 2016, minimum allowed by law, but not below $2,500) or $5,000 family | Pilot Only $5,000 Pilot Plus $5,000 per individual or $10,000 family |
| Maximum Out-of-Pocket**(pilot only/ pilot plus) (includes deductible, copays and all pharmacy and medical coinsurance) | $3,250/$9,750 | $3,250/$9,750 | Pilot Only $4,250 Pilot Plus $4,250 per individual or $8,500 family | Pilot Only $9,000 Pilot Plus $9,000 per individual or $18,000 family |
| Office Visit (PCP/Specialist) | $20/$40 | 70% after deductible | 90% after deductible | 70% after deductible |
| Preventive Services | 100% (based on vendor standard guidelines) | 70% after deductible | 100% (based on vendor standard guidelines) | 70% after deductible |
| BENEFIT | BUY UP OPTION | CDHP PURPLE WITH HSA CDHP PURPLE WITH HRA | ||
|---|---|---|---|---|
| IN- NETWORK PROVIDER | OUT-OF-NETWORK | IN-NETWORK PROVIDER | OUT-OF-NETWORK | |
| Lab and x-ray | 100% If services performed in physician office, may be subject to office visit payment. | 70% after deductible | 90% after deductible If services performed in physician office, may be subject to office visit payment. | 70% after deductible |
| Chiropractic Services | $20 copay 25 annual visits maximum | 70% after deductible 25 annual visits maximum | 90% after deductible | 70% after deductible |
| Physical Therapy, Speech Therapy, Occupational Therapy | Inpatient: 100% Outpatient: $20 copay (based on vendor standard guidelines) | 70% after deductible (based on vendor standard guidelines) | 90% after deductible (based on vendor standard guidelines) | 70% after deductible (based on vendor standard guidelines) |
| Inpatient Hospital Services* | $150 copay then 100% | $150 copay then 70% after deductible | 90% after deductible | 70% after deductible |
| Maternity Office Visits | $20 copay for 1st visit; then 100% | 70% after deductible | 90% after deductible | 70% after deductible |
| Outpatient Surgery* | $50 copay then 100% | $50 copay then 70% after deductible | 90% after deductible | 70% after deductible |
| BENEFIT | BUY UP OPTION | CDHP PURPLE WITH HSA CDHP PURPLE WITH HRA | ||
|---|---|---|---|---|
| IN- NETWORK PROVIDER | OUT-OF-NETWORK | IN-NETWORK PROVIDER | OUT-OF-NETWORK | |
| Emergency Services | $75 copay, waived if admitted, then 100%. $500 copay for the 3rd and any subsequent ER visits for an individual, waived if admitted, then 100% Any ER visit which results in hospital admission will not count towards total visits. Ambulance: 100% | $75 copay, waived if admitted, then 100%. $500 copay for the 3rd and any subsequent ER visits for an individual, waived if admitted, then 70% Any ER visit which results in hospital admission will not count towards total visits. Ambulance: Covered at 100%, if an emergency. If not a true emergency, 70% after deductible | 90% after deductible $500 copay for the 3rd and any subsequent ER visits for an individual, waived if admitted, then 90% Any ER visit which results in hospital admission will not count towards total visits. Ambulance: Covered at 90%. | 90% after deductible. $500 copay for the 3rd and any subsequent ER visits for an individual, waived if admitted, then 70% Any ER visit which results in hospital admission will not count towards total visits. Ambulance: Covered at 90%, if an emergency. If not a true emergency, 70% after deductible |
| Urgent Care Facility | $35 copay, then 100% | $35 copay, then 70% after deductible | 90% after deductible | 70% after deductible |
| Skilled Nursing Facility | 100% | 70% after deductible | 90% after deductible | 70% after deductible |
| In-Patient Rehabilitation | 100% | 70% after deductible | 90% after deductible | 70% after deductible |
| Home Health Care Services | 100% | 70% after deductible | 90% after deductible | 70% after deductible |
| Hospice* | 100% | 70% after deductible | Inpatient: 90% after deductible Outpatient: 100% | 70% after deductible |
| BENEFIT | BUY UP OPTION | CDHP PURPLE WITH HSA CDHP PURPLE WITH HRA | ||
|---|---|---|---|---|
| IN- NETWORK PROVIDER | OUT-OF-NETWORK | IN-NETWORK PROVIDER | OUT-OF-NETWORK | |
| Durable Medical Equipment (DME)/ External Prosthetic Devices | 100% | 70% after deductible | 90% after deductible | 70% after deductible |
| Hearing Aids, repairs, batteries and appliances | 100% up to $5,000 per participant every 3 years | 70% after deductible, up to $5,000 per participant every 3 years | 90% after deductible, up to $5,000 per participant every 3 years | 70% after deductible, up to $5,000 per participant every 3 years |
| Acupuncture | 100% (based on vendor’s guidelines) | 70% after deductible (based on vendor’s guidelines) | 90% after deductible (based on vendor’s guidelines) | 70% after deductible (based on vendor’s guidelines) |
| PHARMACY BENEFITS | ||||
| Preventive Drugs | 100% coverage | 70% after deductible | 100% coverage | 60% after deductible |
| Pharmacy: Retail (30 day) | • Generic- $10 copay • Brand Preferred- 60% coinsurance, $60 max; to be increased to $70 max for Plan Year 2018; to $80 max for Plan Year 2020; and to $85 max for Plan Year 2021 • Brand Non-Preferred – 50% coinsurance, $90 max; to be increased to $100 max for Plan Year 2018; to $110 max for Plan Year 2020; and to $115 max for Plan Year 2021 | 50% coinsurance (in no case can the 50% coinsurance be less than what would have been paid innetwork) | 90% coinsurance after deductible | 70% coinsurance after deductible |
| BENEFIT | BUY UP OPTION | CDHP PURPLE WITH HSA CDHP PURPLE WITH HRA | ||
|---|---|---|---|---|
| IN- NETWORK PROVIDER | OUT-OF-NETWORK | IN-NETWORK PROVIDER | OUT-OF-NETWORK | |
| Pharmacy: Mail Order (90 day) | • Generic- $20 copay • Brand Preferred- 70% coinsurance, $120 max; to be increased to $130 max for Plan Year 2018; to $140 max for Plan Year 2020; and to $145 max for Plan Year 2021 • Brand Non-Preferred – 60% coinsurance, $180 max; to be increased to $190 max for Plan Year 2018; to $200 max for Plan Year 2020; and to $205 max for Plan Year 2021 | Not covered | 90% coinsurance after deductible | Not covered |
| Specialty Drugs | 50% coinsurance ($200 max) | Not covered | 50% coinsurance after deducible ($200 max) | Not covered |
| Pharmacy Out-of Pocket Limit | Combined with Medical | Combined with Medical | Combined with Medical | Combined with Medical |
| Mental Health/ Substance Abuse* | Outpatient Visit: $20 copay Inpatient: 100% | 70% after deductible | 90% after deductible | 70% after deductible |
| Employee Assistance Program (EAP) (available to covered pilot and any person living in household) | 100% up to 8 visits; must be preauthorized | Not covered | 100% up to 8 visits; must be preauthorized | Not covered |
* Member responsible for preauthorization, see Note 5 below.
** The in-network and out-of-network deductibles are separate and do not cross accumulate. The same applies to in-network and out-of-network out-of-pocket maximums. In Pilot Plus coverage, the individual deductible and out-of-pocket maximum applies to each individual covered until the family
deductible and out-of-pocket maximum are reached.
p.440| BENEFIT | CDHP ORANGE WITH HSA CDHP ORANGE WITH HRA | |
|---|---|---|
| IN-NETWORK PROVIDER | OUT-OF-NETWORK | |
| Coinsurance | 80% after deductible | 60% after deductible |
| Company HSA and HRA Funding (Wellness rewards contributions/ credit to HSA or HRA in lump sum as soon as practicable after January 1; other HSA and HRA contributions/credit will be 1/12th each month.) | Starting 2017 and beyond: Pilot Only- $1,200* Pilot plus- $2,400* *Plus: $300 wellness reward for each covered pilot and covered spouse | |
| Deductible** (pilot only/pilot plus) (includes all copays, medical and pharmacy coinsurance for CDHP Orange Plan) | Pilot Only $2,500 Pilot Plus $2,600 per individual (after 2016, minimum allowed by law, but not below $2,500) or $5,000 family | Pilot Only $5,000 Pilot Plus $5,000 per individual or $10,000 family |
| Maximum Out-of-Pocket** (includes deductible, copays and all pharmacy and medical coinsurance) | Pilot Only $4,500 Pilot Plus $4,500 per individual or $9,000 family | Pilot Only $9,000 Pilot Plus $9,000 per individual or $18,000 family |
| Office Visit (PCP/Specialist) | 80% after deductible | 60% after deductible |
| Preventive Services | 100% (based on vendor standard guidelines) | 60% after deductible |
| Lab and x-ray | 80% after deductible If services performed in physician office, may be subject to office visit payment. | 60% after deductible |
| Chiropractic Services | 80% after deductible | 60% after deductible |
| Physical Therapy, Speech Therapy, Occupational Therapy | 80% after deductible (based on vendor standard guidelines) | 60% after deductible (based on vendor standard guidelines) |
| Inpatient Hospital Services* | 80% after deductible | 60% after deductible |
| Maternity Office Visits | 80% after deductible | 60% after deductible |
| Outpatient Surgery* | 80% after deductible | 60% after deductible |
| Emergency Services | 80% after deductible $500 copay for the 3rd and any subsequent ER visits for an individual, waived if admitted, then 80% Any ER visit which results in hospital admission will not count towards total visits. Ambulance: Covered at 80% after deductible if an emergency | 80% after deductible $500 copay for the 3rd and any subsequent ER visits for an individual, waived if admitted, then 60% Any ER visit which results in hospital admission will not count towards total visits. Ambulance: Covered at 80% after deductible if an emergency If not a true emergency, covered at 60% after deductible |
| BENEFIT | CDHP ORANGE WITH HSA CDHP ORANGE WITH HRA | |
|---|---|---|
| IN-NETWORK PROVIDER | OUT-OF-NETWORK | |
| Urgent Care Facility | 80% after deductible | 60% after deductible |
| Skilled Nursing Facility | 80% after deductible | 60% after deductible |
| In-Patient Rehabilitation | 80% after deductible | 60% after deductible |
| Home Health Care Services | 80% after deductible | 60% after deductible |
| Hospice* | 80% after deductible Outpatient: 100% | 60% after deductible |
| Durable Medical Equipment (DME)/ External Prosthetic Devices | 80% after deductible | 60% after deductible |
| Hearing Aids, repairs, batteries and appliances | 80% after deductible, up to $5,000 per participant every 3 years | 60% after deductible, up to $5,000 per participant every 3 years |
| Acupuncture | 80% after deductible (based on vendor’s guidelines) | 60% after deductible (based on vendor’s guidelines) |
| PHARMACY BENEFITS | ||
| Preventive Drugs | 100% coverage | 60% coinsurance after deductible |
| Pharmacy: Retail (30 day) | 80% coinsurance after deductible | 60% coinsurance after deductible |
| Pharmacy: Mail Order (90 day) | 80% coinsurance after deductible | Not covered |
| Specialty Drugs | 50% coinsurance after deductible ($250 max) | Not covered |
| Pharmacy Out-of Pocket Limit | Combined with Medical | Combined with Medical |
| Mental Health/Substance Abuse* | 80% after deductible | 60% after deductible |
| Employee Assistance Program (EAP)* (available to covered pilot and any person living in household) | 100% up to 8 visits; must be preauthorized | Not covered |
* Member responsible for preauthorization, see Note 5 below. ** The in-network and out-of-network deductibles are separate and do not cross accumulate. The same applies to in-network and out-of-network out-of-pocket maximums. In Pilot Plus coverage, the individual deductible and out-of-pocket maximum applies to each individual covered until the family deductible and out-of-pocket maximum are reached.
| BENEFIT | DENTAL PLAN |
|---|---|
| Dental Benefit Deductibles | $50 Per individual $100 Family |
| Dental Services ($2,750 annual benefit limit) | Class I (Preventive) Services: 100% • Dental x-rays • Sealants (permanent molars only) • Preventive care (first two checkups in calendar year are not subject to deductible) Class II Services: 80% after deductible • Restorations (fillings), including amalgam, silicate, plastic and composite restoration • Endodontics • Oral Surgery • Extractions • Other services Class III Services: 80% after deductible • Crowns and/or replacement crowns when medically necessary Class IV Services: 50% after deductible • Orthodontics • Full or partial denture or bridgework if replaces natural teeth extracted while individual is covered or if replaces another denture or bridge that is at least five years old when individual has been covered under the plan for at least six months • Dental Implants for non-accidents |
3.VISION BENEFITS
| BENEFIT | IN-NETWORK PROVIDER | OUT-OF-NETWORK |
|---|---|---|
| Vision Benefit: • Preventive Services (one routine eye exam, including dilation when indicated by provider, once every calendar year) • One pair of frames every 2 calendar years • One pair of standard glass, plastic or safety lenses every calendar year (single vision, bifocals, trifocals, and lenticular lenses) • Contact lenses every calendar year (based on vendor’s guidelines) | • 100% • 100% coverage up to $115 after $15 copay • 100% after $15 copay • 100% coverage up to $110 | • Up to $50 reimbursed • Up to $120 reimbursed • Single vision: up to $35 reimbursed; Bifocal: up to $50 reimbursed; Trifocal: up to $65 reimbursed; Lenticular: up to $90 reimbursed • Up to $135 reimbursed for exam, fitting, follow-up and materials; up to $55 reimbursed for materials only |
p.443 Notes to Appendix A:
1.An out-of-network expense shall be processed as an in-network expense where there is no in-network provider within 30 miles of the member’s residence or inadequate availability of an in-network provider, based on the vendor’s standard guidelines.
2.Out-of-network claims processed by Anthem will be determined in accordance with the agreements between the Company and the Association dated December 9, 2011 (with respect to out-of-network professional services) and September 26, 2012 (with respect to out-of-network facility services).
3.Members shall have the ability to self-refer to any in-network provider (including any medical specialist) without any penalty or reduction in benefits.
4.Preventive care benefit is subject to vendor’s standard guidelines.
5.Preauthorization is required for EAP services and hospice. Preauthorization is recommended for in-patient hospitalizations and certain diagnostic procedures and outpatient surgeries. Members are responsible for ensuring that preauthorization is completed. If preauthorization is required but not completed prior to services rendered and claims submission, claims will be denied until preauthorization is completed and the services are determined medically necessary. Failure to obtain any recommended preauthorization of specific services will result in denial of benefits determined not medically necessary. This process applies for in-network and out-ofnetwork services.
6.When traveling outside the U.S., all medically necessary care that is deemed to be emergent or urgent will be covered at the in-network benefit level. If care is deemed not urgent or emergent, services will be covered as out-of-network benefits.
7.Dental and vision benefits are unbundled from medical/mental health/substance abuse/EAP. Pilots may (i) opt out of dental and/or vision coverage, or (ii) elect dental and/or vision coverage for themselves and eligible dependents.
8.Dental and vision services are subject to vendor’s guidelines.
9.The Company will offer plan options for those pilots and eligible dependents living in Hawaii on terms no less favorable than the terms offered to any other employee, as required by state law.
10.Covered non-network dental charges processed by Cigna Dental are limited to 90th percentile R&C. (FAIR Health will be substituted for R&C if replacement dental vendor is capable of processing dental charges using FAIR Health.)
Section 27, Appendix B
p.445 FEDERAL EXPRESS CORPORATION RETIREE GROUP HEALTH PLAN FOR PILOTS
EFFECTIVE JANUARY 1, 2017
1.MEDICAL BENEFITS (INCLUDING, PHARMACY, MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS)
A.Buy Up Option. Terms for the Buy Up Option are the same as the terms of the Buy Up Option for active pilots as described in Section 27, Appendix A.
B.CDHP Options (Without HSA or HRA). Terms of the CDHP Options are the same as the terms of the CDHP Options for active pilots, as described in Section 27 A, except that there is no Company contri-
bution to an HSA or HRA.
C.The Company will offer plan options for those pilots and eligible dependents living in Hawaii on terms no less favorable than the terms offered to any other employee, as required by state law.
D.Pre-Medicare Retiree HRA Only option. $4,813 for pilot and $4,813 for covered spouse per year credited to an HRA. The $4,813 will be prorated in the year of retirement. Once this option is elected, the pilot and covered spouse are not allowed to elect any other Company Health Plan.
E.High Deductible Option. Terms of the High Deductible Option are summarized below:
| IN-NETWORK | OUT-OF-NETWORK | |
|---|---|---|
| Deductible | $500 per individual $1,500 family | $1,000 per individual $3,000 family |
| Out-of-Pocket Maximum (including deductible) | $3,000 per individual $9,000 family (no copayments & no prescription drug copayments/coinsurances apply to the out-of-pocket maximum) | $5,000 per individual $15,000 family (no copayments & no prescription drug copayments/coinsurances apply to the out-of-pocket maximum) |
| Office Visits | $70 copayment PCP/$100 specialist | 60% after deductible |
| Preventive Care | 100% coverage $70 copayment applies if PCP bills for an office visit | Not covered |
| Inpatient Hospital* | 80% after deductible | 60% after deductible |
| Outpatient Surgery* | $250 copayment, then 80% coverage after deductible | 60% after deductible |
| IN-NETWORK | OUT-OF-NETWORK | |
|---|---|---|
| Emergency Room | $150 copayment, then 80% coverage after deductible | 60% after deductible |
| Urgent Care Facility | $70 copayment, then 80% coverage after deductible | 60% after deductible |
| Outpatient Lab, Radiology, and Diagnostic | $250 copayment, then 80% coverage after deductible | 60% after deductible |
| Chiropractic Services | 80% after deductible, 25 annual visits maximum | 60% after deductible, 25 annual visits maximum |
| Skilled Nursing Facility* | $250 copayment, then 80% coverage after deductible | 60% after deductible |
| Prescription Drug Retail | Mandatory Generic: $10 Preferred Brand: 50% ($50/ Minimum; $150/Maximum) Non-Preferred Brand: 50% ($75/ Minimum; $175/ Maximum) Specialty Tier: 50% coinsurance, ($200 Maximum) | 50% coverage Specialty Tier- Not Covered |
| Prescription Drug Mail Order | Mandatory Generic: $10 Preferred Brand: 50% ($100/ Minimum; $300/Maximum) Non-Preferred Brand: 50% ($150/ Minimum; $350/ Maximum) | No coverage |
*Member Responsible for Preauthorization as stated in Appendix A, Note 5.
2.DENTAL BENEFITS
Dental benefits are the same as those for domestic based active pilots, as described in Section 27, Appendix A.
3.VISION BENEFITS
Vision benefits are the same as those for domestic based active pilots, as described in Section 27, Appendix A.
4.NOTES
Benefits described in this Appendix B are subject to the Appendix A Notes (set forth at the end of Section 27, Appendix A).
Section 27, Appendix C
p.447 FEDERAL EXPRESS CORPORATION GROUP HEALTH PLAN FOR PILOTS
PILOTS BASED IN FDAs
1.MEDICAL BENEFITS (INCLUDING PHARMACY, MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS)
Medical benefits for pilots based in FDAs are provided under the Federal Express Corporation Group Health Plan for Pilots through the International Plan, summarized as follows:
| International Plan (Available to Internationally-based Pilots only) | ||||
|---|---|---|---|---|
| OUTSIDE THE UNITED STATES | IN THE UNITED STATES | |||
| IN-NETWORK | OUT-OF-NETWORK | |||
| Lifetime Maximum Benefit | N/A | N/A | N/A | |
| Annual Deductible | $0 | $0 | $0 | |
| Out-of-Pocket Maximum (includes deductible, copays, coinsurance and pharmacy) | $1,650 per individual $4,125 family | $1,650 per individual $4,125 family | $1,650 per individual $4,125 family | |
| Coinsurance | 100% | 90% | 70% | |
| Preventive Care (Based on Vendor Standard Guidelines) | 100% | 100% | 70% | |
| Office Visit | $0 | $30 copay | 70% | |
| Inpatient Hospital Services (Semiprivate Room) | 100% | 90% | 70% | |
| Outpatient Lab, Radiology, Diagnostic and Pre-Admission Testing | 100% | 90% | 70% | |
| Maternity | 100% | $30 copay for prenatal visits 90% coverage for delivery | 70% | |
| International Plan (Available to Internationally-based Pilots only) | ||||
|---|---|---|---|---|
| OUTSIDE THE UNITED STATES | IN THE UNITED STATES | |||
| IN-NETWORK | OUT-OF-NETWORK | |||
| Emergency Services | 100% coverage Ambulance coverage: 100% | $50 copay (waived if admitted) then 90% $500 copay for the 3rd and any subsequent ER visits for an individual, waived if admitted, then 90% Any ER visit which results in hospital admission will not count towards total visits. Ambulance: 90% | $50 copay (waived if admitted) then 90% $500 copay for the 3rd and any subsequent ER visits for an individual, waived if admitted, then 70% Any ER visit which results in hospital admission will not count towards total visits. Ambulance: 90% | |
| Urgent Care Facility | 100% | 90% | 70% | |
| Outpatient Surgery | 100% | 90% | 70% | |
| Chiropractic Care and Acupuncture | 100% up to 20 visits annual maximum benefit | 90% up to 20 visits annual maximum benefit | 70% up to 20 visits annual maximum benefit | |
| Physical, Speech and Occupational Therapy | 100% based on vendor standard guidelines | 90% based on vendor standard guidelines | 70% based on vendor standard guidelines | |
| Skilled Nursing Facility | 100% up to 120-day limit annually | 90% up to 120-day limit annually | 70% up to 120 day limit annually | |
| Inpatient Rehabilitation | 100% | 90% | 70% | |
| Home Health Care | 100% up to 30 visits annual maximum | 90% up to 30 visits annual maximum | 70% up to 30 visits annual maximum | |
| Hospice | 100% | Inpatient 90% Outpatient 100% | Inpatient 70% Outpatient 70% | |
| Durable Medical Equipment (DME/ External Prosthetic Devices) | 100% | 90% | 70% | |
| Hearing Services, Hearing Aids, Repairs, Batteries and Appliances (based on vendor’s guidelines) | 100%, $5,000 per covered individual every 3 years | 90%, $5,000 per covered individual every 3 years | 70%, $5,000 per covered individual every 3 years | |
| International Plan (Available to Internationally-based Pilots only) | ||||
|---|---|---|---|---|
| OUTSIDE THE UNITED STATES | IN THE UNITED STATES | |||
| IN-NETWORK | OUT-OF-NETWORK | |||
| Prescription Drugs (Retail) for 1-Month Supply | 90% coinsurance 70% coverage for injectables | • Generic (30 day)- $10 copay • Brand Preferred- 60% coinsurance, $60 max; to be increased to $70 max for Plan Year 2018; to $80 max for Plan Year 2020; and to $85 max for Plan Year 2021 • Brand Non-Preferred – 50% coinsurance, $90 max; to be increased to $100 max for Plan Year 2018; to $110 max for Plan Year 2020; and to $115 max for Plan Year 2021 | 50% coinsurance In no case can the 50% coinsurance be less than what would have been paid innetwork | |
| Prescription Drugs (Mail Order) for 3-Month Supply | • Generic: $10 copay • Brand: $60 copay • Non-Preferred Brand: $60 copay • 70% coverage for injectables | • Generic- $20 copay • Brand Preferred- 70% coinsurance, $120 Max; to be increased to $130 max for Plan Year 2018; to $140 for Plan Year 2020; and to $145 max for Plan Year 2021 • Brand Non-Preferred – 60% coinsurance, $180 Max; to be increased to $190 max for Plan Year 2018; to $200 max for Plan Year 2020; and to $205 max for Plan Year 2021 | No coverage | |
| Specialty Drugs | 50% coinsurance ($200 max) | 50% coinsurance ($200 max) | Not covered | |
| Employee Assistance Program (EAP) Anthem EAP | 100% coverage for short-term counseling sessions up to 8 visits All services must be preauthorized. | 100% coverage for shortterm counseling sessions up to 8 visits All services must be preauthorized. | No coverage | |
| Mental Health/ Substance Abuse | Inpatient: 100% coverage Outpatient: 100% coinsurance | Inpatient: 90% Outpatient: $30 copay | 70% | |
Section 28: Retirement (Pension Benefits)
A.p.451 General
1.The Company shall continue to provide retirement and related benefits through the Retirement Plans 1 and under the terms and conditions of the Retirement Plans, as in effect as of the date of signing of this Agreement, except as specifically provided herein. The terms and conditions of the Retirement Plans, insofar as they affect pilots, shall not be changed, except as provided in this Agreement or by the written agreement of the Association. The Pilot Benefit Book (“PBB”) shall be updated in accordance with Section 28.A.7. to reflect changes made by this Agreement and any other changes made pursuant to Section 28.A.5.
2.Except as otherwise provided in this Section 28, the Company shall be responsible for the establishment, control, management, administration and attendant expenses of the Retirement Plans and all disputes concerning those claims for benefits shall be settled as described in Section 28.A.4.
3.In order that the Association may have the most current information regarding the Retirement Plans, the Company shall provide the Association with the following documents:
a.Actuarial Valuation Report for Funding Purposes for Pension Plan and MBCBP 2, along with accompanying Data, Assumptions, Methods and Provisions, annually, on or about April 30;
b.PRSP Financial Reports, quarterly;
c.408(b)(2) Reports for PRSP, annually, on or about August 31;
d.Notice of Qualified Default Investment Alternative for the PRSP, annually, on or about November 30;
e.Annual Funding Notice, annually, on or about September 30;
f.Participant Fee Disclosure, annually, on or about November 30;
g.Summary Annual Reports, annually; and
h.AFTAP Certification for Pension Plan and MBCBP, annually, on or about March 31.
i.After the establishment of the MBCBP, the Company shall provide the Association with the PBGC 4010 filings, if applicable.
1 The following Retirement Plans are in effect as of June 29, 2026.
(a)The FedEx Corporation Employees’ Pension Plan;
(b)The Federal Express Corporation Pilots’ Retirement Savings Plan;
(c)The Flying Tiger Line Inc. Variable Annuity Pension Plan for Pilots;
(d)The Federal Express Corporation Non-Qualified Pension Plan for Pilots; and (e) The Federal Express Corporation Non-Qualified Section 415 Excess Pension Plan for Pilots. 2 The Federal Express Corporation Pilots’ Market Based Cash Balance Plan, effective January 1, 2028.
p.452 The distribution schedule may be modified as agreed upon by the parties. The Association, and its designees, shall keep this information confidential, in accordance with the parties’ Confidentiality Agreement.
4.Review of benefit denials shall be as described in this Agreement, the Retirement Plans and the PBB. Benefit denials shall be reviewed by the FedEx Corporation Retirement Appeals Committee (“RAC”) or the appropriate claims-paying administrator. If the pilot is not satisfied with the decision regarding a Retirement Plan benefit, the pilot may seek review of the decision in accordance with the provisions of Section 28.G. within 120 days of the RAC’s decision.
5.All of the Retirement Plans’ terms and conditions shall remain unchanged insofar as they affect pilots, except as specifically provided for herein or except as required by law. If an amendment to the Retirement Plans or the PBB is required by law, if there is more than one alternative available under the law with respect to such required amendment(s), and if the effectuation of either alternative would result in similar cost to the Company, the consent of the Association to one of the alternatives shall be required for such plan amendment. Such consent shall not be unreasonably withheld. The Association’s consent shall not be required for any amendment described in this paragraph if more than one alternative is available under the law but the effectuation of one or more of the alternatives would result in increased cost to the Company over the other available alternatives.
6.Except as provided in Section 28.C.12., the Company reserves the right to select the trustees, recordkeepers and other vendors it believes necessary to administer the Retirement Plans. The Company shall first notify and consult with the Association before changing a recordkeeper.
7.The Company shall promptly provide the Association with proposed updates to the PBB reflecting changes made by this Agreement. The Association shall promptly meet with the Company and provide comments. As soon as practicable thereafter, a PBB that is mutually satisfactory to the Company and the Association shall be distributed to the pilots. The Association’s approval shall not be unreasonably withheld. The foregoing to the contrary notwithstanding, the failure of the Association to timely approve such updates shall not prevent the Company from distributing the updates to the pilots in accordance with the provisions of 29 U.S.C. §1024(b).
With respect to any future updates to the PBB, the Company shall prepare and distribute to the pilots updates to the PBB, as required by 29 U.S.C. §1024(b). The Association shall be given the opportunity to review and approve such updates; the Association’s approval of such updates shall not be unreasonably withheld. The foregoing to the contrary notwithstanding, the failure of the Association to timely approve such p.453 updates shall not prevent the Company from distributing the updates to the pilots in accordance with the provisions of 29 U.S.C. §1024(b).
8.The Company shall maintain records for a sufficient time and in sufficient detail to be able to confirm all data necessary for the calculation of any benefit payable under the Retirement Plans.
B.Pension Plan
1.The terms and conditions of the FedEx Corporation Employees’ Pension Plan (“Pension Plan”) affecting pilots, the Federal Express Corporation Non-Qualified Pension Plan for Pilots (“Compensation Limit Plan”), and the Federal Express Corporation Non-Qualified Section 415 Excess Pension Plan for Pilots (“415 Limit Plan”) shall be as provided in the Pension Plan, the Compensation Limit Plan, and the 415 Limit Plan except as provided in this Agreement.
2.A pilot’s retirement benefit at the pilot’s normal retirement date (the “Pension Plan Formula”) shall be equal to the greatest of: (i) the pilot’s final average earnings x 2% x credited years of service with the Company (Max. 25 years) for benefit accrual, (ii) the benefit described in Section 28.B.4., or (iii) a flat dollar benefit based upon a pilot’s flight hours, equipment flown, and seat position during a plan year. The accrued benefit for a pilot who, prior to the merger of The Flying Tiger Line, Inc. (“FTL”) with the Company, was a participant in any of the FTL pension plans which were merged into the Pension Plan is determined as provided under the terms of the Pension Plan.
[Note: the flat dollar formula in effect prior to April 8, 2026, shall be adjusted in accordance with Section 28.B.3.]
3.Final average earnings will be defined as the average of the highest five calendar years of compensation while working for the Company. In no event shall total final average earnings taken into account under the Pension Plan, the Compensation Limit Plan and the 415 Limit Plan exceed:
a.$340,000 for pilots retiring on or after June 29, 2026, through the end of the election period (which shall end no later than May 30, 2027) or who do not elect (or are deemed to have not elected) during the election period to transition to the MBCBP or the enhanced Pilots’ Retirement Savings Plan benefit; or
b.$290,000 for pilots retiring after the end of the election period who elected to transition to the MBCBP; or
c.$290,000 for pilots retiring after the end of the election period who elected to transition to the enhanced Pilots’ Retirement Savings Plan Benefit.
4.With respect to any pilot having a Master Seniority List number as of October 30, 2006, the benefit set forth in Section 28.B.2(ii) of the p.454 Agreement shall be the sum of the amounts derived under the computations set forth in Section 28.B.4.a., b., and c.:
a.For a pilot who had a Master Seniority List number as of June 1, 1999, and who also had a Master Seniority List number as of October 30, 2006, such pilot’s final average earnings shall be multiplied by past years of credited service with the Company as of June 1, 1999 (not to exceed a maximum of twenty-five years), multiplied by a multiplier from the following table based on such pilot’s years of vesting service with the Company:
| Years of Vesting Service as of June 1, 1999 | Multiplier |
|---|---|
| less than 10 | 2.00% |
| 10 | 2.05% |
| 11 | 2.06% |
| 12 | 2.07% |
| 13 | 2.08% |
| 14 | 2.09% |
| 15 | 2.10% |
| 16 | 2.11% |
| 17 | 2.12% |
| 18 | 2.13% |
| 19 | 2.14% |
| 20 | 2.15% |
| 21 | 2.16% |
| 22 | 2.17% |
| 23 | 2.18% |
| 24 | 2.19% |
| 25 or more | 2.20% |
With respect to pilots who performed years of service with The Flying Tiger Line Inc. (“FTL”) prior to August 7, 1989, such pilot’s years of service with FTL shall be taken into account solely for purposes of determining the multiplier described herein, but shall not be taken into account for purposes of determining past years of credited service with the Company as of June 1, 1999.
The multiplier described above shall be added to the amount described below with respect to any pilot having a Master Seniority List number as of October 30, 2006, who, as of June 1, 1999 had attained age 50 and completed fifteen (15) years of vesting service with the Company, (including such pilot’s years of service with FTL):
p.455| Age at 6/1/99 | Increase |
|---|---|
| 59 and above | 0.12% |
| 58 | 0.11% |
| 57 | 0.10% |
| 56 | 0.09% |
| 55 | 0.08% |
| 54 | 0.07% |
| 53 | 0.06% |
| 52 | 0.05% |
| 51 | 0.04% |
| 50 | 0.02% |
b.The Pension Plan Formula shall multiply final average earnings by 2% for all years of credited service completed by such pilots on or after June 1, 1999 (which, when added to years of credited service completed prior to June 1, 1999, shall not exceed a maximum of twenty-five (25) years of credited service for benefit accrual).
A pilot’s final average earnings shall be multiplied by 2% and by years of credited service (maximum of 25 years) for benefit accrual for pilots who had a Master Seniority List number as of October 30, 2006, but did not have a Master Seniority List number as of June 1, 1999.
c.For pilots who, as of October 30, 2006, have a Master Seniority List number, have attained age 50, and who have completed ten (10) or more years of vesting service with the Company, such pilots’ final average earnings shall be multiplied by past years of credited service with the Company as of October 30, 2006 (not to exceed a maximum of twenty-five years), multiplied by a multiplier from the following table based on such pilot’s age and years of vesting service with the Company on October 30, 2006:
Additional Benefit Percentage based on Age/Service
| Years of Vesting Service as of October 30, 2006 | AGE | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 50 | 51 | 52 | 53 | 54 | 55 | 56 | 57 | 58 | 59 or older | |
| Less than 10 | 0.00% | 0.00% | 0.00% | 0.00% | 0.00% | 0.00% | 0.00% | 0.00% | 0.00% | 0.00% |
| 10 | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% |
| 11 | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% |
| 12 | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% |
| 13 | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% |
| 14 | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% | 0.01% |
p.456 Additional Benefit Percentage based on Age/Service
| Years of Vesting Service as of October 30, 2006 | AGE | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 50 | 51 | 52 | 53 | 54 | 55 | 56 | 57 | 58 | 59 or older | |
| 15 | 0.02% | 0.02% | 0.02% | 0.02% | 0.02% | 0.03% | 0.03% | 0.03% | 0.03% | 0.03% |
| 16 | 0.02% | 0.02% | 0.02% | 0.02% | 0.03% | 0.03% | 0.03% | 0.03% | 0.03% | 0.03% |
| 17 | 0.02% | 0.02% | 0.02% | 0.03% | 0.03% | 0.03% | 0.03% | 0.03% | 0.03% | 0.04% |
| 18 | 0.02% | 0.02% | 0.03% | 0.03% | 0.03% | 0.03% | 0.03% | 0.03% | 0.04% | 0.04% |
| 19 | 0.02% | 0.03% | 0.03% | 0.03% | 0.03% | 0.03% | 0.03% | 0.04% | 0.04% | 0.04% |
| 20 | 0.02% | 0.03% | 0.03% | 0.03% | 0.03% | 0.03% | 0.04% | 0.04% | 0.04% | 0.04% |
| 21 | 0.03% | 0.03% | 0.03% | 0.03% | 0.03% | 0.04% | 0.04% | 0.04% | 0.04% | 0.04% |
| 22 | 0.03% | 0.03% | 0.03% | 0.03% | 0.04% | 0.04% | 0.04% | 0.04% | 0.04% | 0.04% |
| 23 | 0.03% | 0.03% | 0.03% | 0.04% | 0.04% | 0.04% | 0.04% | 0.04% | 0.04% | 0.05% |
| 24 | 0.03% | 0.03% | 0.04% | 0.04% | 0.04% | 0.04% | 0.04% | 0.04% | 0.05% | 0.05% |
| 25 or more | 0.03% | 0.04% | 0.04% | 0.04% | 0.04% | 0.04% | 0.04% | 0.05% | 0.05% | 0.05% |
With respect to pilots who performed years of service with The Flying Tiger Line Inc. (“FTL”) prior to August 7, 1989, such pilot’s years of service with FTL shall be taken into account solely for purposes of determining the multiplier described herein, but shall not be taken into account for purposes of determining past years of credited service with the Company as of October 30, 2006.
d.The Pension Plan was amended to incorporate the provisions of Section 28.B.4.a., Section 28.B.4.b. and Section 28.B.4.c. The parties agree that the provisions of Section 28.B.4.a., Section 28.B.4.b. and Section 28.B.4.c. were one-time amendments to the Pension Plan and those provisions applied only to the pilots entitled to a benefit under such provisions as of October 30, 2006. Notwithstanding any other provision of this Agreement, including the duration provisions contained in Section 31, Section 28.B.4.d. became effective on October 30, 2006 and has permanent duration, and neither the provisions of Section 28.B.4.d. nor the related provisions of the Pension Plan referenced herein may be altered without the written consent of both parties.
5.A pilot shall receive credited service for benefit accrual while on disability and while eligible for benefits, including Pilot Supplemental Disability benefits, pursuant to the terms of the Federal Express Corporation Long Term Disability Plan for Pilots (“LTD Plan”).
6.The actuarially equivalent optional forms of benefit distributions available under the Pension Plan shall include 50% Joint and Survivor Pop-Up Annuity; 75% Joint and Survivor Pop-Up Annuity; and 100% Joint and Survivor Pop-Up Annuity.
7.p.457 The Pension Plan shall allow a participant to elect different forms of benefit payment for the pilot’s FTL benefit and for the remainder of the pilot’s benefit under the Pension Plan.
8.The Pension Plan shall be amended effective January 1, 2027, to provide that if:
a.prior to the pilot’s death, a pilot has retired and submitted a valid unexpired election to commence retirement benefits (within 180 days of the benefit commencement date (“BCD”)) as of the first day of any of the 6 months following the pilot’s retirement, and
b.the pilot fails to survive until the pilot’s elected BCD, then the pilot shall be deemed to have survived until the pilot’s elected BCD and benefits shall commence on the elected BCD, in the form elected by the pilot, provided, however that the first benefit payment shall be paid to the pilot’s joint annuitant, beneficiary or estate, as applicable, pursuant to the form elected by the pilot. An election shall be determined to have been submitted prior to the pilot’s death, if there is proof that the election confirmation was mailed, emailed, faxed, posted, or received by the administrator prior to the pilot’s death.
Example 1:
• Pilot retires on December 31, 2027, and defers commencing the pilot’s Pension Plan benefit.
• In April 2028, the pilot submits a valid election to commence the pilot’s Pension Plan benefit on June 1, 2028, with a payment option of 100% Joint & Survivor.
• Pilot dies on May 15, 2028.
• The Pension Plan benefit shall commence on June 1, 2028, in the form elected by the pilot, 100% Joint & Survivor.
Example 2:
• Pilot retires on December 31, 2027, and defers commencing the pilot’s Pension Plan benefit.
• In April 2028, the married pilot submits a valid election to commence the pilot’s Pension Plan benefit on June 1, 2028, with a payment option of a Straight Life Annuity.
• Pilot dies on May 15, 2028.
• There is no benefit paid to a survivor since the pilot elected the Straight Life Annuity.
9.The Pension Plan shall provide that spousal consent is not required if the participant is legally separated from the spouse as evidenced by a court decree.
10.p.458 The Company shall consult with the Association prior to the purchase of annuities from a qualified life insurance company to provide benefits to retiree participants otherwise payable under the Pension Plan.
11.The Pension Plan shall be closed to pilots with a Date of Hire (DOH) on or after June 29, 2026.
12.Pilots with a DOH before June 29, 2026, will have a choice among (1) the Pension Plan (2) the MBCBP, or (3) the enhanced Pilots’ Retirement Savings Plan Benefit as described in the MBCBP/Enhanced Pilots’ Retirement Savings Plan Implementation Letter of Agreement.
13.For pilots with a DOH before June 29, 2026 who elect (or are deemed to have elected) to transition to the MBCBP or the enhanced Pilots’ Retirement Savings Plan benefit, for the purposes of benefit accrual but not for vesting, Years of Service under the Pension Plan will be frozen as of December 31, 2027 and the Pension Plan accrual for the period June 1, 2027 to May 31, 2028 will be pro-rated 7/12ths.
C.Market Based Cash Balance Plan
1.The Company shall establish the MBCBP effective January 1, 2028, which will have a January 1 to December 31 Plan Year.
2.The MBCBP shall be a “Retirement Plan” for purposes of Section 28.A.
3.The MBCBP shall be established as a stand-alone plan and shall remain so unless the parties otherwise agree.
4.The terms and conditions of the MBCBP shall be contained in the MB- CBP Plan Document, except as specified in this Agreement. The terms and conditions of the MBCBP shall not be changed or modified, except as provided herein.
5.The MBCBP shall be subject to a determination by the Internal Revenue Service (“IRS”) that the MBCBP is a tax-qualified retirement plan. To the extent that the IRS requires changes to the MBCBP terms or conditions as a condition of issuing a favorable determination letter, the parties must agree on any changes to the plan. The Company shall also:
a.provide copies to the Association of all written communications with the IRS; and
b.when possible, include the Association on scheduled conversations with the IRS regarding the plan design and tax-qualified status of the MBCBP.
6.Eligibility
a.A pilot with a DOH prior to June 29, 2026, including a pilot currently on LTD, is eligible to participate in the MBCBP beginning January 1, 2028, as provided in Section 28.B.12.
b.A pilot with a DOH on or after June 29, 2026, is eligible to participate in the MBCBP on the later of (i) age 21 and (ii) the first day p.459 of the month coincident with or next following one month from the pilot’s DOH, or (ii) January 1, 2028.
7.Benefit Accruals
a.Benefit Accruals under the MBCBP shall equal Compensation Credits plus Interest Credits.
b.Compensation Credits under the MBCBP shall be determined using a table of credits calculated for each pay rate in effect for the period based on fleet, seat, and year group. The credit shall reflect 9% of each pay rate through December 31, 2028 and 10% of each pay rate beginning January 1, 2029. For pilots receiving nonhourly compensation and/or compensation identified as earnings eligible for MBCBP accruals (e.g., Slot Denial Pay (SDP), CIPPA, passover pay, BPO Pilot overrides, and other forms of pay not associated with a credit hour), the Company shall contribute a percentage of compensation, consistent with Section 28.C.7.b., to the MBCBP on behalf of such pilots.
c.Compensation Credits will be credited quarterly applying a pilot’s fleet, seat, and year group as of the beginning of the quarter and the pilot’s actual hours worked for the quarter as of the end of the quarter (including the application of proportionally higher hourly pay rate credits for premium hours worked). A Compensation Credit for the period will be credited as of the last day of that period or as of the pilot’s benefit commencement date, if earlier.
d.Compensation used to determine Compensation Credits for pilots receiving benefits under the LTD Plan shall be calculated pursuant to Section 27.J.7. of the Agreement.
e.Compensation Credits for pilots receiving benefits under the LTD Plan shall be 12.8% [based on the formula of (9% multiplied by 0.85) divided by 0.6] for pilots receiving 60% LTD benefits, and 15.3% [based on the formula of (9% multiplied by 0.85) divided by 0.5] for pilots receiving 50% LTD benefits] for accruals through December 31, 2028 and shall be 14.2% [based on the formula of (10% multiplied by 0.85) divided by 0.6] for pilots receiving 60% LTD benefits, and 17.0% [based on the formula of (10% multiplied by 0.85) divided by 0.5] for pilots receiving 50% LTD benefits for accruals after December 31, 2028.
f.Benefit accruals for a pilot returning from military leave shall be consistent with the Settlement Agreement on the Effect of Potential Crew Status Changes on Imputed Earnings and Signing Bonus Calculation dated December 9, 2008.
g.On the effective date of the MBCBP, the account balance of a pilot with a DOH on or after June 29, 2026, shall be equal to the sum of p.460 the Compensation Credits that would have accrued if the MBCBP had been established prior to the pilot’s date of hire.
h.The MBCBP shall use a market-based Interest Credit (determined net of investment-related expenses), which shall be calculated and applied at least monthly until a pilot’s benefit commencement date. At the time of benefit commencement/distribution, Interest Credits for hard to value investments shall be calculated using the custodian’s asset statements to determine asset returns.
i.Administrative fees for the MBCBP shall be paid by the Company.
j.There shall be no credited service limit under the MBCBP.
8.Retirement
a.Normal Retirement Age under the MBCBP shall be age sixty-two (62) with the completion of three years of vesting service.
b.The Normal Retirement Age Letter dated November 2, 2015, shall not apply to benefits under the MBCBP.
c.A pilot who terminates employment may elect to commence benefits upon separation or to continue to receive Interest Credits on their accrued benefit until benefit commencement date.
d.The market-based Interest Credit shall serve as the actuarial increase for delayed retirement or deferred benefit commencement.
e.A pilot must commence benefits no later than the first of the month coincident with or next following the pilot’s attainment of the Regulated Age, or such later date as the Company deems necessary. The Company shall notify a pilot/participant 90-180 days prior to the pilot’s Regulated Age of the need to make a retirement election.
f.Should the IRS require changes to the MBCBP with respect to the provisions contained in this Section 28.C.8.d. in order to issue a favorable determination letter, the MBCBP shall be amended to require the commencement of benefits no later than the first of the month coincident with or next following the pilot’s attainment of the Normal Retirement Age, with distributions of future Compensation Credits and Interest Credits at the end of each Plan Year thereafter, unless the parties otherwise agree.
9.Distributions
a.The floor benefit guarantee (a.k.a. preservation of capital) shall be the aggregate amount of all Compensation Credits credited to the account at benefit commencement or time of in-service distribution, less any prior distributions.
b.A pilot may elect to take an in-service distribution beginning at age 59 ½.
i.p.461 In-service distributions shall be permitted once per plan year.
ii.An in-service distribution requires the withdrawal of all accrued benefits in the pilot’s MBCBP account.
iii.In order to take an in-service distribution, the aggregate amount of the pilot’s Compensation Credits and Interest Credits must be equal to or greater than the floor benefit guarantee at the time of distribution.
c.The forms of benefit distributions under the MBCBP shall include:
i.Straight Life Annuity (normal form for unmarried participants);
ii.50% Joint and Survivor Annuity (normal form for married participants and QJSA);
iii.75% Joint and Survivor Annuity;
iv.100% Joint and Survivor Annuity, including associated pop-up Annuity options as defined in the Pension Plan; and
v.full lump sum.
d.The annuities under the MBCBP shall be calculated using the segment rates as defined in Code §417(e)(3)(C) minus 35 basis points, and the mortality table specified under Code §417(e)(3)(B). The segment rates shall be based on the rate in effect two (2) months prior to the benefit commencement date.
e.If a fully vested pilot dies prior to a benefit election, the pilot’s beneficiary shall be entitled to receive the pilot’s full MBCBP account balance. If the pilot’s beneficiary is a spouse, the benefit shall be payable as an annuity for the life of the spouse. The spouse may alternatively elect to receive a 100% lump sum payment in lieu of the annuity. For a non-spouse beneficiary, the benefit shall be paid as a lump sum.
f.A pilot may elect different forms of benefit payment for the MBCBP benefit, Flying Tiger benefit, and Pension Plan benefit per Section 28.B.7.
g.Section 28.B.9. shall apply to the MBCBP.
h.Overpayments from the MBCBP shall be handled pursuant to Section 28.M.
10.Vesting
a.Benefits under the MBCBP are 100% vested after three (3) years of vesting service.
b.All service with FedEx Express or with a “Controlled Group Member” counts towards vesting, subject to Section 28.C.10.c. below.
c.A year of vesting service shall be defined in the MBCBP as a Plan Year with at least 1000 hours of service, with pilots credited with 95 hours per pay period while actively employed. Any vacation p.462 hours that are paid to a pilot in lieu of actual vacation time are counted as hours of service even if the pilot has terminated employment.
d.A pilot on LTD shall continue to receive vesting service under the MBCBP.
11.Plan Investment Portfolio
a.The MBCBP investment portfolio shall allocate risk from the following asset classes: equities, fixed income, commodities, real assets, private markets, hedge funds, and cash.
b.The portfolio shall use an investment strategy consisting of the asset classes listed in Section 28.C.11.a. above and shall target a long-term portfolio volatility approximating a 55%-45% blend of the MSCI ACWI Equity Index and the Bloomberg Barclay’s Aggregate Bond Index. The 45% of the portfolio may contain up to 5% short term bonds and cash.
c.The asset allocation shall target at least 40% return seeking assets, such as equity, commodities, real assets, private markets, hedge funds, high yield, emerging market debt, alternative assets, and other similar assets seeking capital appreciation rather than capital preservation.
d.Section 28.C.11.a., b., and c. may be amended with the agreement of the Association. The Association’s agreement shall not be unreasonably withheld.
12.Governance
a.The Company shall be the sole fiduciary of the MBCBP.
b.The Company shall consult with the Association to develop an initial Investment Policy Statement (“IPS”) for the MBCBP that is consistent with Section 28.C.11. The Company may make amendments to the IPS following consultation and the prompt receipt of input from the Association. This consultation process is meant to be a meaningful, two-way process where the parties address the suitability of the IPS and any issues of pilot concern. Where the consultation involves a subsequent amendment to the IPS, the parties will expeditiously address the suitability of the proposed amendment.
c.The Association members of the Investment Committee shall have an opportunity to consult on the selection or removal of the recordkeeper or trustee for the MBCBP.
d.When possible, the Company shall provide advance notice to and consult with the Investment Committee on the selection or termination of an investment manager. If advance notice is not possible, p.463 the Company shall inform the Investment Committee of the basis for the selection or termination at the earliest opportunity.
e.At the request of the Association, and not more frequently than once every two years, the Company and the plan’s actuary shall meet with the Association and the Association’s actuary to present and review the actuary’s detailed analysis of the MBCBP.
f.In the event the Company solicits an RFP for a third-party pension plan administrator for the MBCBP, the Association members of the Retirement Board shall have an opportunity to review and comment on the RFP during its development and to hear presentations by each vendor who submits a qualifying response to such RFP.
g.The parties shall form a working group, no more than 90 days from January 1, 2028, to explore retirement benefit design alternatives that present legally compliant tax-advantaged opportunities. Should that working group identify solutions which are agreeable to both parties, said measures may be implemented in writing by the Vice President of Labor and Employment Law and the Association’s MEC Chair.
D.Pilots’ Retirement Savings Plan
1.The terms and conditions of the Pilots’ Retirement Savings Plan (“PRSP”) shall be as provided in the PRSP and shall remain unchanged except as specifically provided herein.
2.The investment fund options available to participants in the PRSP as of July 1, 2026, shall continue to be available. Notwithstanding the foregoing, each investment fund option available to the participants shall be the lowest cost share class for that investment fund option for which the PRSP qualifies, with the exception of the brokerage window.
a.The parties must agree to any changes in a PRSP investment fund option that consists of more than two percent (2%) of plan assets.
b.Section 1.c. of the letter agreement between the Association and the Company dated December 18, 2025, shall govern the addition of white label funds to the PRSP investment lineup.
c.The Company shall consult with the Association before making changes to an investment fund option that consists of less than 2% of plan assets; the consultation, at a minimum, shall include:
i.Providing notice to the Association’s R&I Committee Chair as soon as reasonably possible after the Company concludes it is considering changes to an investment fund option; and
ii.Providing summary information regarding alternative funds being considered and the basis for consideration.
3.p.464 The Company shall make matching contributions equal to 50% of the first $1,000 of employee pre-tax and Roth contributions (in the aggregate) per plan year to the PRSP.
4.The Company shall as soon as administratively feasible following each pay period, contribute an amount equal to specified percentage of that pilot’s eligible earnings, to a non-elective Company contribution account for the participant under the PRSP.
a.P rior to January 1, 2028, the specified percentage is 9% of a pilot’s eligible earnings, subject to the Code limitations.
b.Effective January 1, 2028;
i.For a pilot with a DOH before June 29, 2026, who elects (or is deemed to have elected) to remain in the Pension Plan, the specified percentage is 9% of that pilot’s eligible earnings, subject to the Code limitations.
ii.For a pilot with a DOH on or after June 29, 2026, or a pilot with a DOH before June 29, 2026, who elects to transition to the MBCBP, the specified percentage is 9% of that pilot’s eligible earnings, subject to the limitations set forth in this Section 28.D.4.b.ii.
(a)The contribution to the non-elective Company contribution account is subject to Code Section 401(a)(17). Amounts that the Company would contribute to a non-elective Company contribution account for such a pilot under this Section 28.D.4.b.ii. but for the application of Code Section 401(a)(17) shall be paid by the Company through payroll to the pilot, subject to federal, state, and local tax and withholdings for compensation, as soon as administratively feasible following each pay period.
(b)The contribution to the non-elective Company contribution is subject to Code Section 415(c). Amounts that the Company would contribute to a non-elective Company contribution account for such a pilot under the PRSP but for the application of the limit of Code Section 415(c) shall be paid by the Company to the pilot within 2½ months of the end of the calendar year to which the Company contributions pertain. The amounts due under this Section 28.D.4.b.ii. shall be subject to federal, state, and local tax and withholdings in accordance with applicable law and regulation.
(c)For the avoidance of doubt, the amounts paid to a pilot by the Company pursuant to Section 28.D.4.b.ii.(a) and (b). shall not be pensionable compensation or compensation for the purpose of welfare benefit calculations.
iii.p.465 For a pilot with a DOH before June 29, 2026, who elects to transition to the enhanced Pilots’ Retirement Savings Plan Benefit, the specified percentage is 18% of that pilot’s eligible earnings from January 1, 2028 through December 31, 2028, and 19% of that pilot’s eligible earnings beginning January 1, 2029, subject to the limitations set forth in this Section 28.D.4.b.iii.
(a)The contribution to the non-elective Company contribution account is subject to Code Section 401(a)(17). Amounts that the Company would contribute to a non-elective Company contribution account for such a pilot under this Section 28.D.4.b.iii. but for the application of Code Section 401(a)(17) shall be paid by the Company through payroll to the pilot, subject to federal, state, and local tax and withholdings for compensation, as soon as administratively feasible following each pay period.
(b)The contribution to the non-elective Company contribution is subject to Code Section 415(c). Amounts that the Company would contribute to a non-elective Company contribution account for such a pilot under the PRSP but for the application of the limit of Code Section 415(c) shall be paid by the Company to the pilot within 2½ months of the end of the calendar year to which the Company contributions pertain. The amounts due under this Section 28.D.4.b.ii. shall be subject to federal, state, and local tax and withholdings in accordance with applicable law and regulation.
(c)For the avoidance of doubt, the amounts paid to a pilot by the Company pursuant to Section 28.D.4.b.iii.(a) and (b) shall not be pensionable compensation or compensation for the purpose of welfare benefit calculations.
iv.If a pilot with a DOH on or after June 29, 2026, or a pilot with a DOH before June 29, 2026, who elected to transition to the MBCBP is receiving benefits under the LTD Plan, the specified percentage for the period during which the pilot is receiving benefits under the LTD Plan shall be 12.8% [based on the formula of (9% multiplied by 0.85) divided by 0.6] for pilots receiving 60% LTD benefits and 15.3% [based on the formula of (9% multiplied by 0.85) divided by 0.5] for pilots receiving 50% LTD benefits.
v.If a pilot with a DOH before June 29, 2026, who elected to transition to the Enhanced Pilots’ Retirement Savings Plan Benefit is receiving benefits under the LTD Plan, the specified percentage for the period during which the pilot is receiving p.466 benefits under the LTD Plan shall be 25.5% [based on the formula of (18% multiplied by 0.85) divided by 0.6] for pilots receiving 60% LTD benefits and 30.6% based on the formula of (18% multiplied by 0.85) divided by 0.5] for pilots receiving 50% LTD benefits] for accruals through December 31, 2028 and shall be 26.9% [based on the formula of (19% multiplied by 0.85) divided by 0.6] for pilots receiving 60% LTD benefits, and 32.3% [based on the formula of (19% multiplied by 0.85) divided by 0.5] for pilots receiving 50% LTD benefits for accruals after December 31, 2028.
[Note: Same PRSP cash-over-cap procedures to apply for pilots on LTD. PRSP cash-over-cap payments would not apply to reduce LTD compensation.]
5.The Pilots Money Purchase Pension Plan (PMPPP) was merged into the PRSP effective January 1, 2017. The following shall apply:
a.Each participant’s PMPPP account shall be separately accounted for within the PRSP, and such account (as adjusted for gains and losses thereafter) shall remain subject to the distribution requirements applicable under the PMPPP.
b.The PRSP shall allow a participant to make an in-service withdrawal of all or any portion of the pilot’s PMPPP account at or after age 59.5, subject to spousal consent as required by applicable law.
c.Spousal consent is not required for a distribution from a PMPPP account if the participant is legally separated from the spouse as evidenced by a court decree.
6.Roth Contributions
The PRSP shall allow a participant to elect to make:
a.Roth contributions and, to the maximum extent permitted by law, Roth catch-up contributions; and
b.an in-plan conversion to a Roth account of all or any portion of the pilot’s PRSP account(s), to the maximum extent permitted by law.
7.The PRSP shall provide that a pilot shall be eligible to participate in the PRSP for all purposes on the first day of the month coincident with or next following one month from date of hire as a pilot. Non-elective Company contributions shall begin in the month the pilot first participates in the PRSP, based on the pilot’s eligible monthly earnings in the month prior to participation.
Example: For a pilot who is eligible to participate in the PRSP on July 1, 2027, the Company shall make a non-elective Company contribution to the PRSP on behalf of the pilot in July 2027, based on the pilot’s eligible monthly earnings for June 2027.
8.p.467 All participants shall always be 100% vested in their accounts under the PRSP.
9.A pilot shall have allocated to the pilot’s PRSP accounts such amounts as are attributable to unused sick leave, in accordance with the provisions of Section 14.E. of this Agreement.
10.The PRSP shall provide that, in the case of a participant’s retirement or other termination of employment, a participant’s accounts shall be distributed (or shall commence to be distributed, in the case of distribution in installments) as soon as practicable, as elected by the participant in the pilot’s completed application for benefits (including spousal consent if required). An application for benefits shall be made available at any time and may be filed at any time at or after the participant’s retirement or other termination of employment. Any contribution received after a participant receives a distribution of the pilot’s entire account shall be distributed in accordance with the recordkeeper’s procedures.
11.A pilot shall be allowed access to Fidelity’s Personalized Planning and Advice account management services to the extent that the pilot is a participant in the PRSP. In the event Fidelity is replaced as recordkeeper, a pilot shall be allowed access to similar account management services, to the extent offered by the successor recordkeeper, at a comparable cost to the Company, unless the Company determines allowing such access would result in a breach of fiduciary duty.
12.The PRSP shall allow a participant to elect automatic rebalancing of the pilot’s investments, subject to the recordkeeper’s policies.
13.The PRSP shall provide for automatic enrollment for both existing pilots contributing less than 3% and new hire pilots. A pilot to whom the arrangement applies shall be deemed to have elected to make pre-tax contributions to the PRSP at the level of 3% of eligible earnings in the first year, 6% in the second year, 9% in the third year, and 10% in the fourth and subsequent years, subject to the pilot’s right to affirmatively opt out of the arrangement or to affirmatively elect a different percentage.
14.The PRSP shall allow a participant to elect to make pre-tax and/or Roth contributions to the PRSP up to 50% of the pilot’s eligible earnings, subject to applicable law.
15.The PRSP shall allow all participants to elect to make after-tax contributions to the PRSP, by payroll deduction, up to 20% of the pilot’s eligible earnings, subject to applicable law.
16.By the end of the 2nd quarter (June 30) and 3rd quarter (September 30) of the calendar year, the Company shall send via FCIF information to pilots regarding PRSP contributions related to 415(c) limits including after-tax, pre-tax, Roth, Excess Sick Contribution, Company Match, and Non-Elective Contribution.
a.The PRSP shall be amended effective January 1, 2027, to provide that a participant may, to the extent permitted by ERISA, transfer up to 98% of assets in the pilot’s account balance and direct up to 98% of future contributions to be invested in an individual brokerage account under the PRSP, subject to the recordkeeper’s guidelines and commission schedules. If a pilot’s balance in a brokerage account exceeds 98% due to investment gains or losses, the pilot will not be required to transfer amounts out of the brokerage account but instead new contributions made to the plan on the pilot’s behalf will first be allocated to the pilot’s core line-up so that the total brokerage balance does not exceed 98%. If, in the future, the recordkeeper has the capability to allow a specific minimum dollar amount to remain in the core line-up, the PRSP will be amended to a require a pilot to maintain a minimum balance of $10,000 in the core line-up (to replace the 98% brokerage cap), and any remaining amounts may be in brokerage.
b.Any participant who elects an individual brokerage account must sign an agreement to hold harmless the PRSP, the Company, the Association and any committee established by the Company or the Association, for any losses resulting from the participant’s investments in the individual brokerage account.
c.Any fees associated with an individual pilot’s brokerage account will be charged directly to the individual’s account.
d.The individual brokerage account shall permit any investments permitted for a qualified plan under ERISA and allowed by the recordkeeper, excluding stock of FedEx Corporation.
18.The PRSP shall provide that a participant may engage a third-party financial advisor to manage the pilot’s account (including the pilot’s individual brokerage account) under the Plan. A participant who engages a third-party financial advisor must sign an agreement to hold harmless the PRSP, the Company, the Association and any committees established by the Company or the Association, for any losses resulting from such engagement.
19.The PRSP shall provide that participants may elect from the following additional distribution options on a manual basis or electronically to the extent automated by the recordkeeper: (i) partial lump sum, in the amount specified by the participant, and as often as requested by the participant; and (ii) periodic distributions in the amount and frequency specified by the participant, which may be stopped and restarted at any time as elected by the participant. Partial distributions and periodic distributions shall be made pro rata from all investment funds (excluding the brokerage account), unless the participant specifies a different allocation or contribution source for the distribution(s).
20.p.469 The PRSP shall provide that spousal consent is not required if the participant is legally separated from the spouse as evidenced by a court decree.
21.Upon the recordkeeper’s ability to offer in-plan qualified longevity annuity contracts (QLACs) with Safe Harbor provisions, the parties agree to meet and discuss offering this feature in the PRSP. If QLACs are offered in any plan for other FedEx employees, QLACs shall be offered in the PRSP.
E.Federal Express Corporation Pilot Non-Qualified Plans
1.The terms and conditions of the Federal Express Corporation Non-Qualified Section 415 Excess Pension Plan for Pilots (“415 Limit Plan”) and the Federal Express Corporation Non-Qualified Pension Plan for Pilots (“Compensation Limit Plan”) shall be as provided in the 415 Limit Plan and the Compensation Limit Plan. In no event shall final average earnings taken into account under the Pension Plan, the 415 Limit Plan, and the Compensation Limit Plan exceed the amounts as provided in Section 28.B.3. (i.e., $340,000 for pilots retiring on or after April 8, 2026 through the end of the election period or who do not elect (or are deemed to have not elected) during the election period to transition to the MBCBP or the enhanced Pilots’ Retirement Savings Plan benefit; $290,000 for other pilots participating in the pension who following the end of the election period have elected to transition to the MBCBP or the enhanced PRSP benefit).
2.In the event the compensation limit of Code §401(a)(17) and/or the annual addition limit of Code §415(c) is decreased legislatively, the Federal Express Corporation PRSP Non-Qualified Plan for Pilots (“PRSP Non-Qualified Plan”) shall be established. Under the PRSP Non-Qualified Plan, a Pilot with a Date of Hire prior to June 29, 2026, who has not elected (or is deemed to have not elected) during the election period to transition to the MBCBP or enhanced Pilots’ Retirement Savings Plan benefit shall be entitled to an amount equal to:
a.the PRSP non-elective contribution that would have been contributed to the PRSP without applying the decreased Code §401(a) (17) and/or Code §415(c) limit(s) but in no event greater than the amount that would have been contributed to the PRSP under these Code limitations in effect at any time prior to it being decreased or the current limit in effect under Code §401(a)(17), minus;
b.the amount contributed to the PRSP.
Amounts shall be paid from the PRSP Non-Qualified Plan in no event later than 2½ months after the year in which such amounts would have been contributed to the PRSP.
3.p.470 If a Pilot’s retirement benefit in the MBCBP exceeds the limita tion for defined benefit plans under Code §415(b), the excess benefit will be paid from the 415 Limit Plan.
4.To the extent that the Code Section 401(a)(17) limit apply to the MB- CBP, upon information that the Code Section 401(a)(17) limit is to be reduced, the parties shall meet pursuant to the MBCBP/Enhanced PRSP Benefit Implementation LOA Paragraph G. within 60 days to discuss plan alternatives.
F.End of Career Sick Leave/Advance Notice of Planned Retirement Bonus
1.A pilot who reaches age 60 prior to the pilot’s retirement date, and who provides at least 12 months advance written notice that the pilot’s retirement date will be either during the month in which the pilot turns the regulated age or on December 31 of a specified year, shall be eligible for the End of Career Sick Leave/Advance Notice of Planned Retirement Bonus (Bonus).
2.Such pilot’s Bonus shall be based on the sum of the pilot’s eligible earnings, as defined in Section 28.F.3., in the 24 calendar months immediately preceding the pilot’s last day of employment as a pilot, including the month containing the pilot’s last day of employment, including any vacation paid after the pilot’s last day of employment.
3.Eligible earnings shall include all pensionable earnings during that 24 calendar month period, except earnings attributable to sick leave (DSA, RSA).
4.A pilot’s Bonus shall be the lesser of:
a.50% of the pilot’s eligible earnings in excess of $580,000 in the preceding 24 calendar months;
b.50% of the pilot’s closing DSA bank balance, multiplied by the pilot’s last hourly rate, or
c.343 multiplied by the highest Section 3 pay rate in effect.
PLUS
For those who are at least age 54 on November 2, 2015, and have at least 10 years of Vesting Service in the Pension Plan as of November 2, 2015, a lump sum based on the pilot’s age as of November 2, 2015, and Vesting Service in the Pension Plan as of November 2, 2015, as outlined in the following chart:
p.471| Years of Vesting Service on November 2, 2015 | AGE ON NOVEMBER 2, 2015 | |||||
|---|---|---|---|---|---|---|
| 54 | 55 | 56 | 57 | 58 | 59 or older | |
| <10 | - | - | - | - | - | - |
| 10 | 10,000 | 10,000 | 10,000 | 10,000 | 10,000 | 10,000 |
| 11 | 10,000 | 10,000 | 10,000 | 10,000 | 10,000 | 10,000 |
| 12 | 10,000 | 10,000 | 10,000 | 10,000 | 10,000 | 10,000 |
| 13 | 10,000 | 10,000 | 10,000 | 10,000 | 10,000 | 10,000 |
| 14 | 10,000 | 10,000 | 10,000 | 10,000 | 10,000 | 10,000 |
| 15 | 15,000 | 20,000 | 20,000 | 20,000 | 20,000 | 20,000 |
| 16 | 20,000 | 20,000 | 20,000 | 20,000 | 20,000 | 20,000 |
| 17 | 20,000 | 20,000 | 20,000 | 20,000 | 20,000 | 30,000 |
| 18 | 20,000 | 20,000 | 20,000 | 20,000 | 30,000 | 30,000 |
| 19 | 20,000 | 20,000 | 20,000 | 30,000 | 30,000 | 30,000 |
| 20 | 20,000 | 20,000 | 30,000 | 30,000 | 30,000 | 30,000 |
| 21 | 20,000 | 30,000 | 30,000 | 30,000 | 30,000 | 30,000 |
| 22 | 30,000 | 30,000 | 30,000 | 30,000 | 30,000 | 30,000 |
| 23 | 30,000 | 30,000 | 30,000 | 30,000 | 30,000 | 40,000 |
| 24 | 30,000 | 30,000 | 30,000 | 30,000 | 40,000 | 40,000 |
| 25 or more | 30,000 | 30,000 | 30,000 | 40,000 | 40,000 | 40,000 |
5.A pilot may submit only one advance written notice of planned retirement date under this program, except as provided in Section 28.F.5.a. and b. below. A pilot may revoke the submitted advance written notice at any time; however, the pilot will not again be eligible for the Bonus (except as provided below). There is no change in a pilot’s right to retire without giving any advance notice to the Company.
A pilot who provides advance written notice of planned retirement to occur during the month of the pilot’s 65th birthday, shall be allowed to change the planned retirement date one (1) time as long as the following criteria are met:
a.The pilot’s new planned retirement date must be within the month of the pilot’s 65th birthday;
b.The change must be made at least 90 days before the pilot’s original planned retirement date; and
c.The pilot’s new planned retirement date is not earlier than the original notice date plus 12 months.
6.p.472 Any pilot entitled to a Bonus shall be paid in a lump sum as soon as administratively feasible but in no event later than 2½ months after the year in which termination of employment occurs.
7.Pilots who are terminated for just cause shall not be eligible for a Bonus.
8.Any Bonus paid to the pilot shall not be considered pensionable earnings under any Retirement Plan.
9.A pilot who dies after submission of a conforming advance written notice of planned retirement, shall be paid the Bonus.
G.Pilot Benefit Review Board
A Pilot Benefit Review Board (PBRB) shall be established for the Retirement Plans and the Insurance Plans as provided in Section 27.T.
H.FTL Variable Annuity Plan
The terms and conditions of The Flying Tiger Line Inc. Variable Annuity Pension Plan For Pilots (the “Variable Plan”) shall be as stated in the plan document effective as of January 1, 1997, as amended thereafter. Nothing in this Agreement shall reduce pilots’ accrued benefits under the Variable Plan.
I.Investment Committee
1.An Investment Committee shall be established for the PRSP and the MBCBP, and have such duties and responsibilities as described in this Section 28.I. The Company and the Association each may appoint up to three (3) members to the Investment Committee. The parties need not appoint an equal number of members, provided, however that the Company members and the Association members each collectively have one (1) vote. Individual votes on a particular issue may be recorded in the minutes at the request of any member. Each party may appoint alternates. A quorum shall consist of two (2) Company members/ alternates and two (2) Association members/alternates. At any meeting of the Investment Committee, each party may be accompanied by individuals the party deems appropriate.
2.The Investment Committee shall meet at least semi-annually, or more frequently as necessary, unless otherwise agreed by the Company and the Association.
3.The benefits specialists for the Company and the Association shall agree on an agenda for each meeting, and shall notify the Company of any agenda items which need to be addressed at the meeting so that the Company may designate the appropriate individuals to attend; notice shall be provided at least two weeks in advance of the meeting if the attendance of only Company personnel is appropriate and shall be provided at least one month in advance if the attendance of outside service-providers is also required. Should the meeting be scheduled to p.473 cover multiple agenda items, the parties shall exchange a list of attendees based on the agenda items. The agenda shall include a review and discussion of the MBCBP. This discussion will include MBCBP assets and liabilities; market and economic overview; plan investment returns; the IPS and potential amendments thereto; benchmarking; plan expenses; and participant metrics (such as group-level balances, type of benefit options elected, in-service withdrawal activity, etc.).
4.The Investment Committee shall make recommendations to the PRSP fiduciary regarding the PRSP investment lineup. The Investment Committee shall:
a.review the semi-annual PRSP reports from the recordkeeper and investment advisor, which once a year shall also include a market and economic overview; and review the reports by the account representative of the recordkeeper semi-annually, including the more detailed annual report. The Company shall provide these reports to the Investment Committee in a timely manner so that the Committee has sufficient time to review.
b.review service provider disclosures received pursuant to Section 28.A.3.
c.review any newly available Eligible Investment Advice Arrangement (EIAA).
J.Retirement Board
1.A Retirement Board shall be established to review and discuss the status and administration of the Retirement Plans, including the implementation of any changes, and seek to resolve any problems or issues related to the administration of the Retirement Plans (including, e.g., service-provider service problems). De-identified information may be used when necessary to discuss systemic issues.
2.The Company and the Association each may appoint up to three (3) members to the Retirement Board. At any meeting of the Retirement Board, each party may be accompanied by individuals the party deems appropriate. The Retirement Board shall meet at least semi-annually, unless otherwise agreed by the Company and the Association.
3.The benefits specialists for the Company and the Association shall agree on an agenda for each meeting, and shall notify the Company of any agenda items which need to be addressed at the meeting so that the Company may designate the appropriate individuals to attend; notice shall be provided at least two weeks in advance of the meeting if the attendance of only Company and Association representatives is appropriate and shall be provided at least one month in advance if the attendance of outside service-providers is also required. Should the meeting be scheduled to cover multiple agenda items, the parties shall exchange a list of attendees based on the agenda items.
4.p.474 Neither the Company members nor the Association members of the Retirement Board shall have the power to modify or interpret the terms of any Retirement Plan. However, either the Company members or the Association members may suggest modifications to the Retirement Plans to the Company and the Association.
K.Expenses of the PRSP
Expenses related to annual fund operating expenses, brokerage window expenses, third-party investment advisory and third party investment manager expenses, in-service distribution fees, loan fees, third-party Qualified Domestic Relations Order expenses and other third-party expenses shall be paid by the individual participant’s account. Participants are not responsible for paying fees relating to hardship withdrawals. All other expenses of the PRSP, including but not limited to recordkeeping administration and audit expenses, shall be paid by the Company.
L.Selection of a Recordkeeper for the PRSP
When the Company conducts a request for proposals (RFP) for the selection of a recordkeeper for the PRSP, in accordance with Section 28.A.6., the Association members of the Investment Committee shall have an opportunity to review and comment on the RFP during its development and to hear presentations by each vendor who submits a qualifying response to such RFP.
M.Overpayments from Retirement Plans
In the event of an overpayment to a participant from a Retirement Plan, the Company shall notify the Association and the participant of the circumstances resulting in the overpayment and the amount of the overpayment. Consistent with IRS correction methods, and if required, IRS approval, the Company will take appropriate steps to recoup the overpayments. A participant shall not be asked to repay any overpayment made before the date that is 48 months before the date the Company gives the notice of the overpayment period, unless required by the IRS.
Section 29: Union Security and Checkoff
A.p.475 Conditions
1.As limited by the letter regarding Transition to Union Security dated August 26, 2006, each pilot covered by the Agreement who fails to acquire and maintain membership in the Association will be required, as a condition of continued employment, beginning 60 days following the completion of the pilot’s probationary period, to pay to the Association each month a service charge as a contribution for the administration of the Agreement and the representation of the pilot. The Association has established that the service charge shall be an amount equal to the Association’s regular dues and periodic assessments. In calculation of each non-member’s monthly obligation, the Association will allocate and adjust charges in the same manner it followed with respect to its members.
2.The provisions of this Section will not apply to any pilot covered by the Agreement to whom membership in the Association is not available upon the same terms and conditions as are applicable to any other pilot, or to any pilot to whom membership in the Association was denied or terminated for any reason other than the failure of the pilot to pay initiation (or reinstatement) fee, dues and assessments uniformly required.
3.If a pilot covered by this Agreement is delinquent, or becomes delinquent in the payment of fees, dues and assessments or the service charge as stated in Section 29.A.1., the Association will notify the pilot with a copy to the Vice President, Flight Operations, or designee, and the designated Company official in Labor Relations, that the pilot is delinquent and not complying with contract requirements and may be subject to separation from employment. Such letter will also notify the pilot that the pilot must remit the required payment within a grace period of 15 days or risk being separated from employment.
4.If, upon the expiration of the 15 day grace period, the pilot remains delinquent, the following procedure shall be followed:
a.The Association will give written notification to the Vice President, Flight Operations, or designee, and the designated Company official in Labor Relations, with a copy to the pilot, that the pilot has failed to remit payment within the grace period and may be subject to separation from employment as a pilot. The Association’s notice will be accompanied by a packet of the letters sent to the pilot regarding the dues delinquency, and pilot responses to same, and along with all other relevant documentation in its possession regarding the delinquency matter.
b.p.476 Upon receipt of such notification, the Vice President, Flight Operations, or designee, and the designated Company official in Labor Relations, may require a meeting with the pilot and a representative of the Association. The Vice President, Flight Operations, or designee, shall determine whether there was a compelling reason why the pilot remains delinquent in the pilot’s dues. If no such reason exists, then the Vice President, or designee, shall separate the pilot from employment. The existence of a compelling reason for the delinquency does not excuse the pilot from the obligation to rectify the delinquency; rather the Vice President, or designee, shall propose an arrangement plan tailored to the specific situation, and if the pilot fails to agree to such plan, the pilot shall be separated from employment.
c.Within 30 days of receipt of such notification the Vice President, Flight Operations, or designee, and the designated Company official in Labor Relations, will give the pilot written notification of the pilot’s employment status as a pilot. Any separation will automatically be held in abeyance for 10 days from the postmark date of mailing of the notification. If the pilot files an appeal in accordance with Section 29.A.4.d.i., the separation will be further held in abeyance pending the exhaustion of the appeal process in this Section. A pilot who is sent a separation notice will be placed on an unpaid personal leave of absence until the appeal process is final.
d.If the decision regarding the pilot’s employment status, including any separation from employment, is not satisfactory to either the pilot or the Association’s Vice President-Finance/Treasurer, either may file an appeal. Such appeal will be subject to the following procedure, which will be exclusive of the provisions of Sections 19, 20, and 21.
i.The appeal shall be sent to the Company, to the other party and to the National Mediation Board (NMB) within 10 days of the receipt of the decision and must contain a request for the NMB to provide a list of 7 neutral referees.
ii.A neutral referee may be agreed upon by the pilot and the Association’s Legal Department Director within 20 days following the date of the NMB list of neutral referees. If the parties cannot agree on a neutral referee, within the same 20 day period, a neutral referee shall be chosen from the panel supplied by the NMB using the alternate strike method with the pilot initiating the first strike. If the parties have not reached a selection using the alternate strike method within the same 20 day period, the first name listed on the 7 name panel provided by the NMB shall be deemed the neutral referee.
iii.p.477 The decision of the neutral referee will be requested within 30 days after the hearing of the appeal unless otherwise agreed by the pilot and the Association’s Legal Department Director and will be final and binding on all parties to the dispute. The fees, charges and other reasonable expenses of such neutral referee will be paid equally by the pilot and the Association.
5.The Company will be considered to have satisfied the requirements and standards for just cause discharge under this Agreement when a pilot is separated from employment under the provisions of this Section.
6.The Association agrees to indemnify, defend, and hold the Company harmless from any claims filed in any forum by or on behalf of any pilot relating to or arising out of any action taken by the Company pursuant to the terms of this Section.
7.Time limits and meeting dates set forth in this Section may be modified, orally or in writing, by agreement of the Company and ALPA. Oral agreements will be confirmed in writing as soon as practicable. Requests for modification of time limits or meeting dates will not be unreasonably denied.
8.The Association will provide the Company with written notice of any change in dues or assessment amounts as soon as practicable after such change is known.
9.Delivery of all notices, letters, decisions and appeals pursuant to Section 29 shall be made in person, by Federal Express Overnight Letter, by certified mail, return receipt requested or by other methods which provide verification of receipt. Notice to the Company shall be sent to the Vice President, Flight Operations, or designee, and the designated Company official in Labor Relations, as set forth in the provisions of this Agreement. Notice to ALPA shall be sent to the Vice President - Finance, 535 Herndon Parkway, Herndon, VA 20170. Notice to pilots shall be sent to a pilot’s permanent, primary address. As provided in Section 26.N.2., a pilot must keep the pilot’s permanent, primary address current. Such information shall be shared electronically with the Association pursuant to Section 26.R. and will be used for correspondence under this section. The notice of delinquency under this paragraph will be deemed to be received by the pilot on the fifth day after its postmark date of mailing, when mailed by the Association by Certified Mail, Return Receipt Requested, or by FedEx Overnight Letter, to such pilot’s permanent, primary address.
B.Check Off
1.The Company agrees to deduct from the pay of each employee covered by the Agreement, and remit to the Association promptly upon such deduction, membership dues, assessments by the Association, p.478 assessments by the FedEx MEC, insurance premiums, and service charges uniformly levied, in accordance with the Constitution and By-Laws of the Association, all as prescribed by the Railway Labor Act, as amended, provided such employee voluntarily executes authorization on a form (checkoff form) supplied by the Association. An example of such checkoff form is provided below. If technical or space limitations preclude a complete listing of all the itemized deductions on a pilot’s payroll stub, some Association deductions may be combined on the stub entry, if and where possible, or the parties may meet and consult to determine the appropriate method to satisfy the limitation problem.
2.All checkoff forms shall be submitted to the Association’s Membership and Council Services Department, which shall forward the original to the Company’s designated representative. Checkoff forms so received by the Company’s designated representative shall be stamp-dated on the date received and shall constitute notice to the Company on the date received and not when mailed. A properly executed checkoff form shall become effective as of the first payroll period of a calendar month commencing 15 days following its receipt by the Company. In accordance with applicable law, the Association will conform requests for payroll deductions to valid checkoff forms.
3.Any notice of revocation as set forth in the checkoff form must be in writing, signed by the pilot, and submitted to the Association’s Supervisor, Membership and Council Services Department by Certified Mail, Return Receipt Requested, with a copy to the FedEx MEC Secretary-Treasurer. The Association’s Membership and Council Services Department shall forward the original to the Company’s designated representative. Notices of revocation are effective as of the first payroll period of a calendar month commencing 15 days following receipt of such revocation by the Association.
4.The Company shall collect dues and assessments from pilots who elected dues and assessments checkoff in the paychecks issued on the 15th and last day of each month and any “off-cycle” paychecks. Following the processing of payroll on the 15th and last day of each month, the Company shall remit to the Association the funds collected pursuant to this provision since the previous remittance.
5.The Company shall forward an electronic record of each deduction type (dues, assessments, service charges (not including assessments), insurance premiums, and arrangement plans). The record shall identify the date of the covered payroll period, each pilot for whom an Association-related deduction was made, each pilot’s employee number, and the amount of each pilot’s deduction. The electronic record for dues and service charge deductions shall also include the amount of a pilot’s earnings during the current payroll cycle that are subject to dues.
6.p.479 A pilot’s checkoff form shall be deemed to have been revoked effective upon:
a.such pilot’s resignation or termination from Company employment as a pilot; or
b.such pilot’s furlough pursuant to Section 23; or
c.the Company’s receipt of a pilot’s written notice of revocation as provided in Section 29.B.3.
Further deductions for such pilot, if any, shall be made only upon execution and receipt of another checkoff form, except that a furloughee shall have deductions begin again upon the pilot’s return to active service, unless the pilot provides written notice of revocation as provided above.
7.This Agreement shall not be construed to revoke or cancel any FedEx checkoff form executed prior to the effective date of the Agreement.
8.Collection of any back dues owed at the time of starting deductions for any employee, collection of dues missed because the employee’s earnings were not sufficient to cover the payment of dues in the specified pay period and dues owed because of errors by ALPA in the accounting procedure will be the responsibility of the Association and not the Company. The Association will make every effort to verify apparent errors with the individual Association member or pilot employee before contacting the Company’s designated representative for dues and service charge deduction issues. In cases where a deduction is made which duplicates a payment already made to the Association by an employee, or where a deduction is not in conformity with the provisions of the Association’s Constitution and By Laws or Section 29 of this Agreement, refunds to the employees will be made by the Association.
C.Annual Income
On an annual basis and within 45 days of the end of each calendar year, the Company will furnish the FedEx MEC Secretary-Treasurer and the Association’s Supervisor, Membership and Council Services Department with an electronic compilation of the annual income for each pilot who, as limited by the letter regarding Transition to Union Security dated August 26, 2006, and Section 29.A.2., is subject to this provision.
p.480 ASSIGNMENT AND AUTHORIZATION FOR CHECK OFF OF DUES, ASSESSMENTS BY THE ASSOCIATION AND THE FEDEX MEC, INSURANCE PREMIUMS, AND SERVICE CHARGES
TO: Federal Express Corporation
I, __________________________, hereby authorize and direct Federal Express Corporation to deduct from my earnings for each regular and “off cycle” paycheck a sum equal to the current standard membership Association dues (or such standard membership dues as may hereafter be established by the Association), assessments by the Association, assessments by the FedEx MEC, service charges, insurance premiums (deducted once per month) and arrangement plan payments, as are now or may hereafter be established in accordance with the Constitution and By-Laws of the Association and as defined in Section 29 of the Agreement for remittance to the Air Line Pilots Association, International. I agree that this authorization shall be effective until revoked or until termination of the check off agreement between Federal Express Corporation and the Association, whichever occurs sooner.
Signature of Pilot ________________________________________________
Employee No. __________________________________________________
ALPA No. (if applicable)___________________________________________
Permanent Primary Address _______________________________________
______________________________________________________________
City ______________________________ State ________ Zip ___________
Date __________________________________________________________
Disclosure Statement Required by Federal Tax Law
Dues, contributions, and gifts to the Air Line Pilots Association are not tax deductible as charitable contributions. However, they may be tax deductible as ordinary and necessary business expenses.
Section 30: ALPA-PAC Checkoff
A.p.481 The Company will monthly check off and transmit to the Treasurer of the Air Line Pilots Association Political Action Committee (ALPA-PAC) voluntary contributions to ALPA-PAC from the earnings of those pilots who voluntarily authorize such contributions on forms provided by ALPA-PAC for that purpose. The amount of such monthly checkoff deductions and the transmittal of such voluntary contributions shall be as specified in such forms. All ALPA-PAC checkoff authorization forms (current or revised) shall be in conformance with any applicable state or federal statute.
B.The current ALPA-PAC checkoff authorization form in use is reprinted below. ALPA shall notify the Company of changes to the ALPA-PAC checkoff authorization form.
p.482 ALPA-PAC CHECKOFF AUTHORIZATION CARD
TO: _______________________________ (Airline Name)
I hereby authorize and direct the above named company to deduct the indicated amount of my gross earnings per month and to remit that amount to the Air Line Pilots Association Political Action Committee (ALPA-PAC).
Name ________________________________________________________
ALPA No. _______________ Employee No. ___________________________
Change Deductions to $ ___________ Per Month (Whole Dollars)
Terminate Deductions of $ ___________ Per Month
Signature _______________________________ Date __________________
Authorized by Air Line Pilots Association, International on behalf of a fundraising effort for Air Line Pilots Association Political Action Committee. Contributions to ALPA-PAC are not tax deductible, nor a condition of membership of ALPA.
This authorization is voluntarily made based on my specific understanding that:
• The signing of this authorization card and the making of these voluntary contributions are not conditions of membership in the union or of employment by my employer;
• Any guideline amount suggested by ALPA-PAC or its representatives is only a suggestion and I may contribute more or less and will not be favored or disadvantaged by the union for doing so;
• I may refuse to contribute without reprisal; and
• ALPA-PAC, which is connected with the Air Line Pilots Association, International may use the money it receives for political purposes including but not limited to making contributions to and expenditures for candidates for federal elected offices.
• I further certify that I am either a United States citizen or a foreign national lawfully admitted to the United States for permanent residence as defined by section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
• This authorization shall remain in full force and effect until revoked in writing by me.
Section 31: Effect on Prior Agreements, Effective Date and Duration
A.p.483 Effect on Prior Agreements
This Agreement is the full and complete agreement between the parties concerning rates of pay, rules and working conditions of the pilots. Except as set forth in Section 31.A.1. and 2., this Agreement supersedes and renders null and void the Flight Crewmembers’ Handbook and all agreements with respect to rates of pay, rules, or working conditions, entered into prior to the execution of this Agreement between the Company and the Association, or between the Company and any individual in the craft or class which the Association represents.
1.The following Letters of Agreement (LOA), Memoranda of Understanding (MOU), or Ongoing Implementation Measures (OIM) entered into by the parties during the term(s) of the parties’ predecessor agreement(s) remain in effect, subject to the terms found therein, as part of this Agreement:
a.LPT MOU (2025)
b.Implementation of PACE Route Planning Software Letter (2024)
c.EUR Base Closure MOU (2024)
d.HKG Base Closure MOU (2022)
e.Maintenance Data Program MOU (2021)
f.ASAP and FOQA Data Sharing MOU (2020)
g.ASAP MOU Letter dated August 28, 2020
h.“Section 24 OIM” (2019) (Sections 24.H., 11.R., and FDA LOA Paragraph X OIM)
i.“FDA One Year Hiatus” OIM (2019) (FDA LOA Paragraph X. Ongoing Implementation Measures Paragraph N.3.)
j.“B767 OIM” (2019) (B767 LOA and the “Splitting” of Bid Packs OIM)
k.TAD and TSUP Trips OIM (2019)
l.Potential Qualification/Currency Lapses OIM (2018)
m.FDA Early Exit Option-Transition Footprint OIM (Paragraph D.2.c.i.) (2018)
n.Parking at the FDA Base Airports and Section 5.F. OIM (2016)
o.FDA Kindergeld and Educational Expenses OIM (Paragraph G.1.) (2016)
p.Ground Transportation in the EUR FDA OIM (2016)
q.p.484 Hotel Inspection Compensation Protocol MOU (2016)
r.“FDA Annual Home Visits” OIM (2016) (Transition and Implementation of Paragraph C.2.f.ii.)
s.Application of the Bid Period Override OIM (Sections 9.E.2.a., 11.M.17.h.i., and 11.N.25.e.) (2016)
t.Foreign Duty Assignments in the EMEA and HKG LOA (2015)
u.Implementation of a Secondary Line Replacement System LOA (2015)
v.Introduction of B767F Aircraft LOA (2013)
w.Flight Operational Quality Assurance Program (FOQA) LOA (2011)
x.Iraq and Afghanistan Flying LOA (2011)
y.Collection of Human Performance/Alertness Data MOU (2011)
z.Line Operations Safety Audit (LOSA) MOU (2010) and LOSA Letter dated May 20, 2025
aa.Special Provisions Related to Anchorage Domicile Moves for Pilots LOA (2006)
bb.Civil Reserve Air Fleet LOA (2003)
cc.Professional Standards LOA (2000)
dd.Safety LOA (2000)
ee.Maximum Open Time LOA (1999)
ff.Anchorage and Subic Return Moves LOA (1999)
2.An interpretation of a term of the parties’ predecessor collective bargaining agreement (including the Letters of Agreement and Memoranda of Understanding listed in Section 31.A.1. above) remains in effect as part of this Agreement (subject to the durational terms, if any, of the document(s) memorializing such interpretation(s)) if (i) such term is not materially changed in this Agreement and (ii):
a.The interpretation was set forth in, and was necessary to the holding of, a grievance award; or
b.A mutually agreed interpretation was set forth in a written grievance settlement to which the Company and Association are parties; or
c.A mutually agreed interpretation was set forth in a written agreement to which the Company and the Association are parties.
B.Subsequent Agreements
An agreement between the Company and Association entered into after execution of this Agreement affecting rates of pay, rules, or working conditions of a pilot will be effective only if in writing and signed by authorized representatives of the Company and the Association.
C.p.485 Effective Date and Duration
1.Except as expressly provided below or elsewhere in this Agreement or in the Implementation and Transition Letter of Agreement, this Agreement shall become effective on June 29, 2026 (the first day of the July 2026 bid period), and shall continue in full force and effect through the last day of the December 2030 bid period and shall annually renew itself without change (“Agreement Renewal”) through the end of each December bid period thereafter, unless written notice of intended change is served in accordance with Section 6, Title I of the Railway Labor Act, as amended, by either party hereto at least 90 days but not more than 180 days prior to the last day of the December 2030 bid period or the last day of the December bid period in any year thereafter. If neither party provides such written notice of intended change, a 3.5% hourly rate increase shall be applied to the Section 3 pay rates then in effect for the following Agreement Renewal year, effective on the first day of the January bid period in that year; there shall be no other changes to the parties’ Agreement. If either party timely serves a written notice of intended change, the 3.5% hourly rate increase for the following Agreement Renewal year shall not apply.
2.Notwithstanding the duration clause set forth in Section 31.C.1. above, the Company may exercise early reopening of this Agreement if, during the term of this Agreement, the Company becomes subject to 14 CFR Part 117 flight and duty time regulations (in whole or in part), or similar flight and duty time regulations, which have a material, adverse impact on the Company’s costs. Any disputes regarding the interpretation or application of this provision shall be subject to the expedited grievance and arbitration procedures provided in Section 1.E.
a.In order for the Company to reopen the Agreement early pursuant to Section 31.C.2., the Company must deliver written notice of early reopening to the Association’s MEC Chairman. Following the delivery of the Company’s written notice of early reopening, the Association may exercise its own early reopening of this Agreement. In order for the Association to reopen the Agreement, the Association must deliver written notice of early reopening to the Vice President, Labor Relations within 90 days of the first meeting described in Section 31.C.2.c.
b.If the Company elects to exercise early reopening of this Agreement pursuant to Section 31.C.2., the Agreement shall become amendable on the 180th day following the delivery of written notice of early reopening to the Association.
c.The parties shall initiate negotiations required by Section 6, Title I of the Railway Labor Act, as amended, within 30 days of the delivery of a notice of early reopening in accordance with Section 31.C.2.a.
Amendable Period Recovery Payments LOA (2026)
p.487 LETTER OF AGREEMENT between FEDERAL EXPRESS CORPORATION and THE AIR LINE PILOTS in the service of FEDERAL EXPRESS CORPORATION as represented by THE AIR LINE PILOTS ASSOCIATION, INTERNATIONAL
Amendable Period Recovery Payments
This Letter of Agreement (“LOA”) is made and entered into in accordance with the provisions of Title II of the Railway Labor Act, as amended, by and between FEDERAL EXPRESS CORPORATION (hereinafter referred to as the “Company”) and the pilots in the service of FEDERAL EXPRESS CORPORATION, as represented by the AIR LINE PILOTS ASSOCIATION, INTERNATIONAL (hereinafter referred to as the “Association”).
WHEREAS, the Company and the Association are parties to a collective bargaining agreement setting forth the rates of pay, rules, and working conditions for the Company’s pilots (hereinafter referred to as the “basic Agreement”), effective on June 29, 2026, and
WHEREAS, pay rates under the amended Agreement will be effective on June 29, 2026, and
WHEREAS, the parties have agreed to one-time supplemental, Amendable Period Recovery Payments in recognition of service following the amendable date of the 2015 basic Agreement, and
WHEREAS, an efficient and straightforward approach to calculating and determining recovery payments will be based on amounts for each pilot that are consistent and proportionate,
NOW, THEREFORE, the parties agree as follows:
A.Definitions
1.Amendable Period
Beginning November 2, 2021, and ending June 28, 2026.
2.Eligible Pilot
A “pilot” (Section 2.106) who was an “active pilot” (Section 2.3) during the Amendable Period, and shall also include pilots described in Section 10. For a bid period, the pilot shall be an Eligible Pilot if the pilot was an “active pilot” during any portion of the bid period.
[Note: this language encompasses a new hire pilot on DOH]
B.p.488 Calculation of Payments
1.An Eligible Pilot’s Amendable Period Recovery Payment (APRP) shall be as follows:
a.For the November 2021 and December 2021 bid periods:
i.Captain: $100 per bid period
ii.First Officer: $69 per bid period
b.For the January 2022 bid period through the December 2022 bid period:
i.Captain: $256 per bid period
ii.Fir st Officer: $176 per bid period
c.For the January 2023 bid period through the December 2023 bid period:
i.Captain: $658 per bid period
ii.First Officer: $452 per bid period
d.For the January 2024 bid period through the December 2024 bid period:
i.Captain: $1,687 per bid period
ii.First Officer: $1,158 per bid period
e.For the January 2025 bid period through the December 2025 bid period:
i.Captain: $4,328 per bid period
ii.First Officer: $2,971 per bid period
f.For the January 2026 bid period through the May 2026 bid period:
i.Captain: $11,100 per bid period
ii.First Officer: $7,597 per bid period
g.For the June 2026 bid period:
i.Captain: $11,155
ii.First Officer: $7,659
2.The eligibility for the applicable APRP for a bid period shall be determined by the pilot’s “current crew position” (Section 2.35) in that bid period.
3.For a bid period, the pilot’s current crew position shall be the highest current crew position during any portion of the bid period.
4.Service in the Uniformed Services (More than 30 days)
A pilot who was not an “active pilot” during the Amendable Period due to service in the uniformed services shall be treated as if the pilot was an “active pilot” during that time period. If the crew position selected by the pilot upon the pilot’s return is higher than the pilot’s “current p.489 crew position” (Section 2.35), that higher crew position shall be used in calculating the pilot’s APRP, with the pilot deemed to have changed crew positions on the date the first junior pilot from that System Bid (including new hires) activated in that crew position.
5.A former pilot who died or retired during the Amendable Period shall be considered an Eligible Pilot and entitled to the APRP through the last date of the former pilot’s employment, unless otherwise excluded (e.g., the former pilot was not an “active pilot” in a specific bid period prior to the last date of employment).
6.A pilot who voluntarily resigned from their employment or was terminated for “just cause” during the Amendable Period is not an Eligible Pilot and not eligible for an APRP. In the event that such a pilot is reinstated, the pilot shall be entitled to the APRP.
C.Treatment of APRP
1.The APRP will be paid in cash and will be treated as pensionable wages for the year the APRP is paid. The APRP will also be considered eligible for PRSP non-elective contributions, subject to applicable contractual and Internal Revenue Code limitations.
2.Applicable federal, state, and local taxes as well as Association dues will be withheld from the APRP at the supplemental withholding rate.
D.Data, Distribution, and Disputes
1.Data
The Company will provide the relevant data to ALPA by August 2, 2026, which details each Eligible Pilot (with employee number) and projected APRP, with a breakout of applicable bid periods and current crew position for each of those bid periods. ALPA will facilitate distribution of the Company data to pilots in order to provide pilots an opportunity to review the data and allow the Company to correct any errors.
2.Distribution
The APRP will be made in a single payment as soon as practicable following the effective date of the new amended Agreement, but no later than September 15, 2026.
For a pilot currently performing service in the uniformed services for more than 30 days (long term military leave), the pilot will receive an initial payment as described above as if the pilot was in an active status. Upon return to active status, the pilot will receive a final payment for a selected higher crew position (as provided in Paragraph B.4. of this LOA) within 60 days of the pilot’s return.
There will be retained from the total estimated individual payments a sufficient reserve holdback of five percent (5%) of the sum of estimated individual payments to correct any inadvertent errors or omissions in the individual calculations and distributions, and to cover any litigation p.490 or other disputes. These holdback funds will be retained by the Company in an interest bearing escrow account and distributed as directed by written authorization of the MEC Chair and President (or their designees), after consultation with ALPA legal counsel. Excess residual holdback funds which remain that are not needed for corrective purposes and coverage of litigation or other disputes shall be proportionally distributed to each Eligible Pilot pursuant to the same formula above.
3.Disputes
a.Disputes growing out of the application or execution of this LOA shall be subject to Section 20 of the basic Agreement. The Section 20.B.1. timeline for filing of a grievance shall not commence until 30 days from ALPA’s distribution of APRP data to the pilots, or, for pilots returning from service in the uniformed services for more than 30 days (long term military leaves of absence) until 60 days from the pilot’s return to active status. A single Section 20.D.1. hearing shall be held no later than 15 days (unless another date agreed to by the parties) for any disputes not involving a pilot(s) returning from service in the uniformed services for more than 30 days. For a dispute involving a pilot(s) returning from service in the uniformed services, the hearing shall be held out of order and without consideration of prior filed Section 20 grievances.
b.A single, non-disciplinary Section 21.A.2. 3-person System Board shall have and retain jurisdiction for any Section 20.E. appeal from a decision rendered in a dispute as described in Paragraph D.3.a. above. Except for a dispute involving a pilot(s) returning from service in the uniformed services for more than 30 days, the disputes shall be consolidated for a single session (with continued settings if necessary). The Company and ALPA agree that the session will not “take a slot” of previously scheduled regular sessions, and will be held out of order and without consideration of “oldest cases first.” The parties will meet and confer to select a System Board Chairman and date at least 60 days prior to the 21.D. arbitration hearing.
c.For a dispute involving a pilot(s) returning from service in the uniformed services, the same single, non-disciplinary Section 21.A.2. 3-person System Board shall have jurisdiction.
E.Effective Date and Duration
This LOA is effective on June 29, 2026, and shall remain in full force and effect concurrent with the basic Agreement.
Mbcbp/Enhanced PRSP Benefit Implementation LOA (2026)
p.493 LETTER OF AGREEMENT between FEDERAL EXPRESS CORPORATION and THE AIR LINE PILOTS in the service of FEDERAL EXPRESS CORPORATION as represented by THE AIR LINE PILOTS ASSOCIATION, INTERNATIONAL
MBCBP/Enhanced PRSP Benefit Implementation
This Letter of Agreement (“LOA”) is made and entered into in accordance with the provisions of Title II of the Railway Labor Act, as amended, by and between FEDERAL EXPRESS CORPORATION (hereinafter referred to as the “Company”) and the pilots in the service of FEDERAL EXPRESS CORPORATION, as represented by the AIR LINE PILOTS ASSOCIATION, INTERNATIONAL (hereinafter referred to as the “Association”).
WHEREAS, the Company and the Association are parties to a collective bargaining agreement setting forth the rates of pay, rules, and working conditions for the Company’s pilots (hereinafter referred to as the “Basic Agreement”), effective on June 29, 2026; and
WHEREAS, the Company agreed to establish the Federal Express Corporation Pilots’ Market Based Cash Balance Plan (“MBCBP”), effective January 1, 2028;
WHEREAS, the Company agreed to offer as an additional retirement benefit alternative, an enhanced Pilots’ Retirement Savings Plan contribution (“Enhanced PRSP Benefit”), effective January 1, 2028, and
WHEREAS, the parties wish to enter into this LOA to address matters relating to the implementation of the MBCBP and the Enhanced PRSP Benefit.
NOW, THEREFORE, the parties agree as follows:
Definition:
ELECTION ELIGIBLE PILOT
A pilot with a Date of Hire (DOH) prior to the effective date of the Agreement, including a pilot on disability under the LTD Plan.
A.p.494 Election Choices
1.Election Eligible Pilots with a DOH prior to June 29, 2026, who are Participants in the Pension Plan as of June 29, 2026 (“ Participant Pilots ”), shall have a one-time election to participate in the MBCBP or the Enhanced PRSP Benefit. A Participant Pilot who fails to make an election will be deemed to have elected to continue to accrue credited service in the Pension Plan (default election).
a.For Participant Pilots who elect to participate in the MBCBP:
i.Shall be immediately vested in the MBCBP, effective January 1, 2028.
ii.Upon the end of the election period, and no later than May 30, 2027, the total final average earnings taken into account under the Pension Plan, the Compensation Limit Plan, and the 415 Limit Plan shall not exceed $290,000.
iii.Shall continue to accrue: (x) earnings pursuant to Section 28.B.3.b., for purposes of final average earnings; and (y) vesting service under the Pension Plan.
iv.Years of credited service shall be calculated and frozen in the Pension Plan as of the Participant Pilot’s entry date into the MBCBP. Pension Plan accruals for the plan year June 1, 2027, to May 31, 2028, will be pro-rated 7/12ths to reflect MBCBP accruals effective January 1, 2028.
Example pension proration for pilot electing MBCBP: A pilot who elects to transition to the MBCBP has final average earnings that exceed $290,000 and has 20 years of service as of June 1, 2027. Their Pension Plan annual accrued benefit as of June 1, 2027, equals $116,000 (2% x $290,000 x 20). Their final Pension Plan accrual for the plan year June 1, 2027, to May 31, 2028, will equal $3,383 (2% x $290,000 x 7/12), resulting in a frozen Pension Plan annual accrued benefit equal to $119,383.
v.The age and service multipliers contained in Section 28.B.4. shall be applied to the Pension Plan benefit using the final average earnings calculated in accordance with Section 28.B.3. and the years of credited service calculated in accordance with this LOA Paragraph A.1.
vi.Who have 25 years or more of credited service as of June 1, 2027, will receive an additional payment, paid by the Company through payroll, and subject to federal, state, and local taxes and withholdings, equal to 7/12ths of the difference between 18% of 2027 compensation (not subject to the Code Section 401(a)(17) limit) and 9% of 2027 compensation (subject to the Code Section 401(a)(17) limit). The Company shall make p.495 such payment as soon as administratively practicable after December 31, 2027 (and in no event later than 2½ months following the end of calendar year 2027). For the avoidance of doubt, the payment made pursuant to this section shall not be pensionable compensation or compensation for the purpose of welfare benefit calculations.
b.For Participant Pilots who elect to participate in the Enhanced PRSP Benefit:
i.Upon the end of the election period, and no later than May 30, 2027, the total final average earnings taken into account under the Pension Plan, the Compensation Limit Plan, and the 415 Limit Plan shall not exceed $290,000.
ii.Shall continue to accrue: (x) earnings pursuant to Section 28.B.3.b, for purposes of final average earnings; and (y) vesting service under the Pension Plan.
iii.Years of credited service shall be calculated and frozen in the Pension Plan as of the Participant Pilot’s entry date into the Enhanced PRSP. Pension Plan accruals for the plan year June 1, 2027, to May 31, 2028, will be pro-rated 7/12ths to reflect Enhanced PRSP accruals effective January 1, 2028.
Example pension proration for pilot electing Enhanced
PRSP Benefit: A pilot who elects to transition to the Enhanced PRSP has final average earnings that exceed $290,000 and has 20 years of service as of June 1, 2027. Their Pension Plan annual accrued benefit as of June 1, 2027, equals $116,000 (2% x $290,000 x 20). Their final Pension Plan accrual for the plan year June 1, 2027, to May 31, 2028, will equal $3,383 (2% x $290,000 x 7/12), resulting in a frozen Pension Plan annual accrued benefit equal to $119,383.
iv.Who have 25 years or more of credited service as of June 1, 2027, will receive an additional payment, paid by the Company through payroll, and subject to federal, state, and local taxes and withholdings, equal to 7/12ths of the difference between 18% of 2027 compensation (not subject to the Code Section 401(a)(17) limit) and 9% of 2027 compensation (subject to the Code Section 401(a)(17) limit). The Company shall make such payment as soon as administratively practicable after December 31, 2027 (and in no event later than 2½ months following the end of calendar year 2027). For the avoidance of doubt, the payment made pursuant to this section shall not be pensionable compensation or compensation for welfare benefit purposes.
v.p.496 The age and service multipliers contained in Section 28.B.4. shall be applied to the Pension Plan benefit using the final average earnings calculated in accordance with Section 28.B.3. and the years of credited service calculated in accordance with this LOA Paragraph A.1.
2.With respect to a Participant Pilot who retires on or after April 8, 2026. and before June 29, 2026, the limit on total final average earnings taken into account under the Pension Plan, the Compensation Limit Plan and the 415 Limit Plan shall be $340,000.
B.MBCBP Rate of Return Projections
1.The initial asset allocation of the MBCBP as provided in Section 28.C.11. shall be established with a forecasted investment return of at least 6.5% on a ten-year projected basis, subject to a market environment consistent with those at the time of the Tentative Agreement.
2.As part of the Agreement ratification process, the Company has agreed to and will provide the Association projected investment returns on a five, ten, and twenty-year horizon in accordance with Paragraph B.1.
C.MBCBP and Enhanced PRSP Benefit Transition Timeline:
The Company shall have the following milestones/deadlines regarding the MBCBP or Enhanced PRSP Benefit election and transition:
| Milestone/Deadline | Requirement |
|---|---|
| June 29, 2026 | Pension Plan amended to ensure pre-election closure of Pension Plan to Non-Participant Pilots. |
| July 1, 2026 – May 30, 2027 | Executed MBCBP document and amendments to other plans, including the PRSP. • October 2026 – Draft MBCBP plan document and other plan amendments to ALPA for review. • November 2026 – ALPA returns comments on draft MBCBP plan document and other plan amendments. • December 15, 2026 – Draft MBCBP Plan and other plan amendments. |
| January 30, 2027 | “New year” Company communication to pilots regarding upcoming election with basic MBCBP and Enhanced PRSP Benefit information. |
| March 31, 2027 | Interim reminder communication regarding upcoming election. |
| Milestone/Deadline | Requirement |
|---|---|
| April 1, 2027 | Summary Plan Description for MBCBP and PRSP with Enhanced PRSP Benefit posted on website accessible to pilots. |
| April 1 – 15, 2027 | Election Packets (including FAQs or equivalent information) distributed via first-class mail to pilots. |
| April 15 – May 30, 2027 | 45-day Election period (with access to online modeling tool and open call center). |
| June 30, 2027 | Confirmation of election statement sent to each pilot (via first-class mail) |
| January 1, 2028 | Start date of MBCBP and introduction of Enhanced PRSP Benefit. |
| April 1, 2028 | Compensation Credit statement mailed to pilots, consistent with the pilot’s specified communications preferences, with a DOH on or after June 29, 2026, who will be starting with a balance equal to the sum of the Compensation Credits that would have accrued if the MBCBP had been established prior to the pilot’s DOH. |
D.Election Kits
Between April 1 and no later than April 15, 2027, the Company shall issue each Election Eligible Pilot an election kit (via both electronic mail and first-class mail) which shall include the following:
1.The election window period.
2.Generalized comparison of plan benefits, plan features, and options under the Pension Plan, MBCBP, and the Enhanced PRSP Benefit.
3.A link to the online interactive modeler (to be available during election period) and instructions on how to use the online modeler.
4.MBCBP beneficiary designation method and PRSP beneficiary designation reminder.
5.Election method for MBCBP or Enhanced PRSP Benefit.
6.An explanation of the default in the event no election is made by an Election Eligible Pilot.
E.MBCBP/Enhanced PRSP Benefit Election Procedures
1.The Company shall prepare a communication focused on the MBCBP/ Enhanced PRSP Benefit election, the election window, and the default in the event of no election. The Company shall issue this communication at the start of the election period to each Election Eligible Pilot via email and posting on PFC.
2.p.498 During the election period, pilots shall have access to an online modeling tool and an election call center.
3.An Election Eligible Pilot shall have the ability to make an election, or change the election, an unlimited number of times during the election window.
4.Elections shall be made online or via telephone call to the election call center.
5.Within a reasonable period after the close of the election window, but no later than June 30, 2027, the Company shall issue a confirmation statement (via both electronic mail and first-class mail) to each Election Eligible Pilot confirming their election.
F.Costs
The Company shall pay the costs of educating the Election Eligible Pilots on the new MBCBP and Enhanced PRSP Benefit, including the costs of the online interactive modeler and call center used during the election period.
G.Ongoing Implementation Measures
The parties have endeavored to capture the details necessary for the transition to, and administration of, the MBCBP or Enhanced PRSP Benefit as provided in Section 28 and this LOA. However, such matters remain complicated and may require additional measures. Such measures may be implemented if agreed upon in writing by the Vice President, Labor & Employment, and the Association’s MEC Chair.
H.Effective Date and Duration
This LOA shall be effective on June 29, 2026, and shall remain in full force and effect concurrent with the basic Agreement.
Section 28.F. Retirement Bonus Letter (2026)
Benefits Law 3620 Hacks Cross Road Building B, 3rd Floor Memphis, TN 38125
June 29, 2026
Captain Jose Nieves FedEx Master Executive Council Chair Air Line Pilots Association, International 1555 Lynnfield, Suite 101 Memphis, TN 38119
Re: Section 28.F. Retirement Bonus
Dear Captain Nieves:
The parties have agreed to the following exceptions to Section 28.F. bonus eligibility as part of their June 29, 2026, Agreement:
Withdrawal of December 31, 2022, 2023, 2024 & 2025, Retirement Re-Notice:
• A pilot who submitted advance written notice of planned retirement to occur December 31, 2022, 2023, 2024, & 2025, and then revoked such notice, shall be allowed to submit another advance written notice of planned retirement, provided the new planned retirement date is in the month of the pilot’s 65th birthday or December 31.
Waiver of One Year Notice Requirement For Section 28.F. Eligibility Program
• Within 15 days of June 29, 2026, the Company shall announce via FCIF an “Early- Retirement Section 28.F. Eligibility Program” (the Program). This will allow certain eligible pilots to affirmatively elect to retire in a pre-determined period and still receive a Section 28.F. bonus despite not otherwise meeting the Section 28.F. 1-year notice requirement. • Pilots eligible for this Program are pilots who are age 60 and older as of June 29, 2026, and who would otherwise meet the requirement for eligibility for a Section 28.F. bonus. This eligibility also includes pilots who are age 60 and older who (1) have already provided their Section 28.F. notice or (2) have, within twelve months prior to June 29, 2026, withdrawn or failed to provide a Section 28.F. notice. • Pilots eligible to provide a renewed 28.F. notice pursuant to the first provision of this letter may participate in this Program or elect to retain all rights provided under that provision. • The FCIF shall include: o Crew positions (including pilots activated in, and/or awarded/assigned to such crew positions) eligible to participate in this Program based on Company staffing needs. o An initial estimate of the number of retirements by crew position that will be permitted per month under this Program as well as the program’s end date based on Company staffing needs; o A Company designee whom an eligible pilot may email to elect to participate in this Program and a time period in which to email that designee.
Mediation LOA (2026)
p.503 LETTER OF AGREEMENT between FEDERAL EXPRESS CORPORATION and THE AIR LINE PILOTS in the service of FEDERAL EXPRESS CORPORATION as represented by THE AIR LINE PILOTS ASSOCIATION, INTERNATIONAL
MEDIATION
This Letter of Agreement (“LOA”) is made and entered into in accordance with the provisions of Title II of the Railway Labor Act, as amended, by and between FEDERAL EXPRESS CORPORATION (hereinafter referred to as the “Company”) and the pilots in the service of FEDERAL EXPRESS CORPORATION, as represented by the AIR LINE PILOTS ASSOCIATION, INTERNATIONAL (hereinafter referred to as the “Association”).
WHEREAS, the Company and the Association are parties to a collective bargaining agreement setting forth the rates of pay, rules, and working conditions for the Company’s pilots (hereinafter referred to as the “basic Agreement”), effective on June 29, 2026, and
WHEREAS, the parties agree that the following terms and conditions shall govern the Administrative Grievance Mediation Process.
NOW, THEREFORE, the parties agree as follows:
A.Mediation Process
1.The grievance mediation process, hereinafter referred to as the “Mediation Conference,” shall be scheduled by mutual agreement of parties. A total of three Mediation Conferences may be scheduled by the parties each calendar year. Each Mediation Conference shall be scheduled for two consecutive days of a single week, with a maximum of two cases heard per day. A Mediation Conference shall be in addition to any hearing dates scheduled in accordance with Section 20, unless the parties agree otherwise.
2.Each party shall be entitled to designate a maximum of six cases per calendar year for mediation, unless otherwise agree to in writing by the parties. Only cases grieved pursuant to Section 20 of the Agreement and Appealed pursuant to Section 21 are eligible for mediation.
3.The Company and the Association shall designate a case for mediation and appeal within the Section 20.E. time limits (including modified time limits by agreement).
4.The Company and the Association may designate a particular case to be heard at the next available Mediation Conference, so long as that p.504 Conference is not within the next 30 days, at the time they confer pursuant to Section 21.B.1.
a.The Association may designate a case for Mediation by informing the Company in writing of this designation and also submitting a Section 21.B.3. Appeal to the Company that does not identify a neutral System Board member or System Board setting.
b.The Company may designate a case for Mediation only after the Association has indicated an intent to appeal the matter before the System Board of Adjustment. The Company shall designate the matter for mediation in writing to the Association and the Association shall have 10 days following that notice to submit a Section 21.B.3. Appeal to the Company that does not identify a neutral System Board member or System Board setting.
c.At the earliest possible time following either party’s designation of a case for mediation, the parties shall forward to the mediator the Section 20 Grievance and Decision Letter, as well as the Section 21.B.3. Appeal.
5.The Company and the Association shall each appoint a principal spokesperson for each case at a Mediation Conference and provide written notice of that spokesperson to the other party at least 15 days prior to the mediation.
6.Either party may present the mediator with a brief written statement of the facts, the issue(s), and the arguments in support of positions taken. This written statement shall be treated as confidential, and not provided to the other party, unless otherwise agreed to by the parties. If a party elects to forego a written statement, it may make a confidential oral statement to the mediator. The parties may further agree to make opening statements before the other party at the beginning of the Mediation Conference.
7.No audio or video recording of the Mediation Conference, or any written transcript, shall be made.
8.The mediator shall have the authority to meet separately with either the Association or the Company in the Mediation Conference
9.If no settlement is reached during the Mediation Conference, the mediator shall provide the parties with a timely, written advisory decision, unless the parties mutually agree that no such decision is required. When rendering an advisory decision, the mediator shall state the grounds for such decision, however, any written decision may be in an abridged format.
10.Within 30 days of the issuance of a Paragraph 9 decision (or agreement that no decision is required), and following a Section 21.B.1. conference, ALPA shall update its Appeal to designate the matter before a System Board neutral at an agreed upon System Board setting, no p.505 other changes to the Appeal shall be made, without the agreement of the parties.
11.Grievances settled during a Mediation Conference shall be considered non-precedential/non-referable, unless the Association and the Company otherwise mutually agree, in which case the parties shall document their understanding.
12.In the event a grievance which has been the subject of a Mediation Conference is subsequently heard before the System Board of Adjustment, the mediator may not serve as the arbitrator for that or a related proceeding. During the Board proceeding on such a grievance, no reference shall be made to the fact that the grievance was the subject of a Mediation Conference, nor shall there be any reference to statements made, documents provided, or actions taken by either the mediator or the participants during the course of a Mediation Conference, unless the party offering such statements, documents or actions would have had access or entitlement to them outside of the Mediation Conference.
13.The Mediation Conference panel shall be made up of one mediator unilaterally selected by each party and one mediator that is mutually agreed to by the parties. Prior to scheduling the next year’s Mediation Conferences, each party may elect to strike one mediator from the panel. A party may not strike a mutually agreed to mediator or a mediator unilaterally selected by the other party until that mediator has been on the current Mediation Conference panel for two consecutive years. The parties shall use the Section 21.E.2.c. process to replace any mutually agreed to mediator.
14.Upon the selection of the mediator, the parties shall provide the mediator with an introduction letter setting forth the parties’ expectations for this process, including how it may differ from traditional mediation.
15.The parties shall equally share the fees and expenses of the mediator and any conference facilities costs.
B.Ongoing Implementation Measures
The parties foresee that with this new mediation process measures facilitating the implementation and administration of this LOA may be needed. To that end, those measures may be implemented if agreed upon in writing by the Vice President, Labor & Employment and the Association’s MEC Chair.
C.Effective Date and Duration
This LOA is effective on the date signed and shall remain in full force and effect concurrent with the basic Agreement.
Implementation and Transition LOA & Appendix (2026)
p.507 LETTER OF AGREEMENT Between FEDERAL EXPRESS CORPORATION and THE AIR LINE PILOTS in the service of FEDERAL EXPRESS CORPORATION as represented by THE AIR LINE PILOTS ASSOCIATION, INTERNATIONAL
Implementation and Transition
This Letter of Agreement is made and entered into in accordance with the provisions of Title II of the Railway Labor Act, as amended, by and between FED- ERAL EXPRESS CORPORATION (hereinafter referred to as the “Company”) and the pilots in the service of FEDERAL EXPRESS CORPORATION, as represented by the AIR LINE PILOTS ASSOCIATION, INTERNATIONAL (hereinafter referred to as the “Association”).
WHEREAS, the Company and the Association wish to provide for orderly implementation of the basic Agreement.
NOW, THEREFORE, the Company and the Association agree as follows:
The basic Agreement shall have a general effective date of June 29, 2026. The Association and the Company shall work together to develop provisions for transitioning from the current provisions to the basic Agreement.
Items described in the attached Appendix A shall be implemented and automated on the schedule set forth therein, unless otherwise agreed to by the parties.
This LOA is effective on June 29, 2026, and shall remain in full force and effect concurrent with the basic Agreement.
p.508 IN WITNESS WHEREOF, the parties hereto have signed this Implementation and Transition Letter of Agreement this 29th day of June, 2026.
p.509 Appendix A
Implementation/Automation Appendix
This Appendix sets out the timeline upon which each of the identified changes in the Tentative Agreement will be implemented and automated following ratification.
The timeline is divided into four phases. The parties have attempted to list all the required changes, recognizing that the Agreement itself is the “full and complete agreement between the parties.” The date listed for each phase is a date beyond which the Company would be in violation of the Agreement if it has not implemented and automated the change.
Yellow highlighted items will be implemented at DOS (Phase 1) but applied manually until automation is complete. The applicable date in the “Phase column” will be the implementation date of the automation.
Phase 1-DOS- Effective date of the Agreement, June 29, 2026.
Phase 2 –Implementation of these items will be effective the first day of the December 2026 bid period.
Phase 3 – Implementation of these items will be effective the first day of the August 2027 bid period.
Phase 4 – Implementation of these items will be effective the first day of the October 2027 bid period.
p.511| Section | Reference | Summary | Phase | Notes |
|---|---|---|---|---|
| 1 | 1.A.; B. flush; B.3 | 1 | ||
| 1 | 1.B.6. | Wet lease formula & PCYNAD Methodology document | 1 | Jan bid period following DOS; PCYNAD as stated |
| 1 | 1.B.7. | 1 | ||
| 1 | 1.B.9. | Scope Reporting and Meeting Obligations | 1 | |
| 1 | 1.B.10. | No furlough provision | 1 | |
| 1 | 1.B.11. | Wet lease penalty during furlough | 1 | |
| 1 | 1.C. | Parent, Affiliates, and Alter Ego Prohibition | 1 | |
| 1 | 1.D. | Acquisition and Successorship | 1 | |
| 1 | 1.E. and F. | Expedited Grievance; Disruption of Company Business | 1 | |
| 1 | Holding Company Letter agreement | 1 | ||
| 2 | 2.6 | Definition of Affiliate in Section 1 | 1 | |
| 2 | new | Definition of BPO pilot in Section 7 | 1 | |
| 2 | new | Definitions of Cockpit Voice Recorder, Flight Data, and Flight Data Recoder in Section 26 | 1 | |
| 2 | new | Definition of Control in Section 1 | 1 | |
| 2 | new | Definition of Entity in Section 1 | 1 | |
| 2 | new | Definition of “not operationally feasible” in Section 1 | 1 | |
| 2 | new | Definition of Scope Penalty Rate (SPR) in Section 1 | 1 | |
| 2 | new | Definition of Sunrise Sort Duty Period in Section 25 Appendix A (also in Section 12 ) | 1 | |
| 3 | 3.A. | New hire paid 2.25 CH per day | 1 | |
| 3 | 3.C. | Increased Pay Rates | 1 | |
| 3 | 3.C.7. | FDA 70% NBFO, Y2 | 1 | |
| 3 | 3.E.1.a.i. | new hire check | 1 | |
| 3 | 3.E.1.b. | new hire check | 1 | |
| 4 | 4.A.2.b. and c.; A.6. | Deletion | 1 | |
| 4 | 4.F.2.b. and d. | MPDP and Duty Rigs | 1 | |
| 4 | 4.I.4.a.i. | End delay in FDA phase-in pay deduction (FDA LOA S) | 1 |
| Section | Reference | Summary | Phase | Notes |
|---|---|---|---|---|
| 4 | 4.I.6.c. | Formula for pay maintaining currency | 1 | Pay affected pilots 17-13 within 120 days of DOS |
| 4 | 4.O.1. | Base standby pay: trip rig/R-day value | 1 | current practice |
| 4 | 4.O.4. | Overage based on trip from BHS | 1 | current practice |
| 4 | 4.T. | PNP for bid period + 1 | 2 | |
| 4 | 4.W. | New Disruption Pay triggers | 2 | pay log submission until 2 |
| 4 | 4.W.1. | Add PRO, PNP, SMU, RSV (for R-24 pilots) | 2 | pay log submission until 2 |
| 4 | 4.W.1.a. | Landing disruption: each extra landing pays 1:30 CH | 2 | pay log submission until 2 |
| 4 | 4.W.1.b. | DH deleted Int’l trip: 3 CH | 2 | pay log submission until 2 |
| 4 | 4.W.1.c. | Layover disruption: 1 CH/1.5 CH/3 CH tier | 2 | pay log submission until 2 |
| 4 | 4.W.1.g. | New Day to Critical disruption: 1:30 CH per trip | 2 | pay log submission until 2 |
| 4 | 4.W.3. | Include DH deleted at beginning of trip | 2 | pay log submission until 2 |
| 4 | 4.Y.1. | Add PRO, PNP, SMU, RSV (for R-24 pilots) | 2 | pay log submission until 2 |
| 4 | 4.Y.2. | same as 4.W.3. | 2 | pay log submission until 2 |
| 4 | 4.GG.2. | Include GSO and LGG in exceptions | 4 | GSO current practice |
| 5 | 5.A.1 | $2.85/$3.00 | 1 | DOS/DOS+24 |
| 5 | 5.A.2. | $3.85/$4.05 | 1 | DOS/DOS+24 |
| 5 | 5.A.7. | Expense report notification system | 3 | |
| 5 | 5.B.1.h. | Include IND for Day period sleep room | 2 | |
| 5 | 5.B.2.f. | private space for expressing | 1 | In compliance for domestic ops |
| 5 | 5.B.3.a. | create Joint Hotel Criteria List | 2 | |
| 5 | 5.B.3.a.i. | implement new “safe” and “quiet” parameter | 1 | |
| 5 | 5.B.3.a.v. | implement new “environmental controls” parameter | 1 | |
| 5 | 5.B.3.b. | “Approved Hotel List” and hotel dispute resolution process | 2 | |
| 5 | 5.B.3.d.ii. | Timeline for Company decision | 2 | |
| 5 | 5.B.4. | no receipt or folio with expense report | 1 |
| Section | Reference | Summary | Phase | Notes |
|---|---|---|---|---|
| 5 | 5.B.5. | Company provided electronic availability of Approved Hotel List w/ hotel of concern designation | 2 | |
| 7 | 7.G.1. | Ability to waive 24hr int’l duty buffer on front end | 2 | |
| 7 | 7.G.5.a. | “by more than 6 hours” increased to 7 | 2 | |
| 7 | 7.G.6. | Vacation buyback limits | 1 | |
| 7 | 7.I.1. | 4.A.1. prohibition | 1 | |
| 7 | 7.I.2.a. | Voluntary cancelation done in seniority order | 1 | current practice |
| 7 | 7.I.2.b. | 24 CH formula for voluntary cancelations | 3 | |
| 7 | 7.I.3. | required 2 vol. request prior to invol. | 1 | |
| 7 | 7.I.3.a. | Involuntary cancelation done in reverse seniority order | 1 | current practice |
| 7 | 7.I.3.b. | 30 days notice from bid period | 1 | |
| 7 | 7.I.3.c. | new 36 CH additional compensation | 1 | |
| 7 | 7.I.4. | BPO Pilot: 7.I.2.b. only for vol.; 7.I.3.b.-f. only for invol. | 1 | |
| 8 | 8.A.3.b. | AACL and dispute process | 1 | |
| 8 | 8.A.5.a. | Company must book economy class tickets with an opportunity for seat selection when its available on a commercial flight | 1 | current practice |
| 8 | 8.A.5.d. | Incorporation of 18-05 settlement | 1 | current practice |
| 8 | 8.C.2.a.ii. | Three additional bid periods, then 50% deduction into HACB | 2 | |
| 8 | 8.C.2.h | Increase in cancelations and increase in HACB limits | 2 | |
| 8 | 8.C.3.a.iii. | Seat selection fees to $100 and eliminate distinction flight/sequence | 2 | Insite submission until 2 |
| 8 | 8.C.3.b.ii. | Rental car (surface transportation) add to deviation expense | 1 | |
| 8 | 8.C.3.d.iv. | Hotel room over SUB Window as allowable/reimbursable expense | 3 | Insite submission until 3 |
| 8 | 8.C.5.b. | Receipt required limit increased to $75 | 2 | Insite submission until 2 |
| 8 | 8.C.5.c. | Improved DBA balance access | 3 | |
| 12 | 12.A.8. | Extension limits and specific flight clarification | 2 | |
| 12 | 12.A.9.b.iii. | Fatigue call: “well” after 24 hours from removal | 2 |
| Section | Reference | Summary | Phase | Notes |
|---|---|---|---|---|
| 12 | 12.A.12. | Study pairing pay | 1 | |
| 12 | 12.B.1.a. | Notification to revised showtime and GT | 3 | |
| 12 | 12.B.3.a.iii. | Launched base airport standby subject to operational limits | 2 | |
| 12 | 12.B.3.b.ix. | Launched BHS limit 30/72 hours | 2 | |
| 12 | 12.C.2.b. | 8-in-24 (scheduled to exceed): Min rest of 9 hours to 9:30 | 2 | |
| 12 | 12.C.2.c.ii.(a) | Minimum of 8 hours increased to 9 if not receive rest b/c headwinds, ATC delays, etc | 2 | |
| 12 | 12.C.2.d.i.(c); 12.C.6.b.ii. | Exception pairing: operational rest 12 to 11 | 2 | |
| 12 | 12.C.2.d.i.(c); 12.C.6.b.ii. | Exception Pairing: SIG may approve scheduled rest of at least 12 | 2 | |
| 12 | 12.C.2.d.iii | Exception pairings: designated in bid pack and VIPS | 2 | |
| 12 | 12.C.3.a. | Layover min: 8 to 8:30 preceding DH | 2 | |
| 12 | 12.C.3.d. | SIG approval exception for SDDH | 2 | |
| 12 | 12.C.6.a. | Domestic Rest scheduled: 9 increased to 9:30 | 2 | |
| 12 | 12.C.6.a. | Domestic Rest operational: 8 increased to 9 | 2 | |
| 12 | 12.C.6.a. | Domestic Rest scheduled (DH only): 8 increased to 8:30 | 2 | |
| 12 | 12.C.6.a. | Domestic Rest operational (DH only) | 2 | |
| 12 | 12.C.6.b.i. | 8-in-24: if exceed, operational rest not less than 11 | 2 | |
| 12 | 12.D.1.d.i. | no 24hr buffer for 12.D.1.c.i. trips | 2 | |
| 12 | 12.D.1.f. | Crew augmentation 3 or 4 | 3 | |
| 12 | 12.D.1.j. | Sleep kits for augmented crews | 1 | |
| 15 | 15.B.1. | FAA expenses: from $300 to $400, and DOS+3 to $450 | 1 | |
| 21 | Mediation LOA | 1 | ||
| 23 | 23.A.1. | New process and requirements | 1 | |
| 23 | 23.A.8. | Changes corresponding to 23.A.1. | 1 | |
| 25 | 25.A.7.b.i.(c) | open time admin system pause due to operational disruption and notification obligations | 2 | |
| 25 | 25.A.7.c. | Trip versions available for at least 365 days | 3 |
| Section | Reference | Summary | Phase | Notes |
|---|---|---|---|---|
| 25 | 25.B.3. | No printed bid packs at bases | 1 | |
| 25 | 25.C.4. | New closing times/dates for monthly bid | 2 | |
| 25 | 25.C.11. | New dates/times for published bid awards | 2 | |
| 25 | 25.C.13. | Student Lines | 4 | |
| 25 | 25.D.3.e. | Minimum of 20% R-24 lines; minimum of 20% of non R-24 lines in MEM and IND will use R-3 callout | 3 | |
| 25 | 25.E.1.a. | all-in-one for waiver of min days off for phase-in and recurrent | 2 | |
| 25 | 25.E.1.b | ability to opt out of student lines | 4 | |
| 25 | 25.E.2. | new time for beginning Conflict Input Window | 2 | |
| 25 | 25.E.4.a. | add SMU bids in View/Add | 4 | |
| 25 | 25.E.6. | SWW 115hrs & begins at 1700 day following posting View/Add results | 2 | |
| 25 | 25.F.6.a. | Phase-in conflict with R-day: block dropped made available in open time and View/Add | 1 | |
| 25 | 25.G.1. | Delete last sentence | 1 | |
| 25 | 25.G.2.a. | Open time release required base airport standbys | 1 | |
| 25 | 25.G.2.c. | 3 hour open time requirement | 2 | |
| 25 | 25.G.2.c. | R-24 assignment no earlier than 168 prior to showtime (after 3 hour) | 1 | |
| 25 | 25.G.3.b.iii. | Add SMU | 4 | |
| 25 | 25.H.4. | hotel reimbursable/allowable expense during SUB window | 3 | Insite submission until 3 |
| 25 | 25.H.12.a. | SUB in SMU status: reject SUB-revert to SMU | 4 | |
| 25 | 25.H.12.b. | SUB in SMU status: if forfeit trip guarantee-makeup as SMU original trip guarantee less SUB guarantee | 4 | |
| 25 | 25.L.1.a. | Real time trip trading | 3 | |
| 25 | 25.L.1.h. | No drop, trade, or proffer of trips assigned as PMU | 2 | |
| 25 | 25.L.2.c. | If Company adds BHS to address reserve staffing, not considered in Max Open formula or Reserve Forecast | 1 | |
| 25 | 25.L.4.d. and 5.c. | Increase the “by more than 6 CH” to 7 CH | 2 |
| Section | Reference | Summary | Phase | Notes |
|---|---|---|---|---|
| 25 | 25.L.5.d. | dropped PNP reverts to general makeup | 1 | current practice |
| 25 | 25.L.6.b.vii. | Add SMU to processing order | 4 | |
| 25 | 25.L.6.e. | Increase the “by more than 6 CH” to 7 CH | 2 | |
| 25 | 25.L.9.a.ii. | Processing trip trades at least 1 hour prior to showtime | 2 | |
| 25 | 25.L.6.f. | If a SMU trip is dropped as provided in Section 25.L.3.a., those CH revert to general make up (M/U). | 4 | |
| 25 | 25.L.8.a. | Increase the “by more than 12 CH” to 13 CH | 2 | |
| 25 | 25.L.9.c. | Pilots ability to trade a block of R-Days with another pilot’s trips | 2 | |
| 25 | 25.L.14.b.i. | Add SMU | 4 | |
| 25 | 25.L.16. | Open trip notification system | 3 | |
| 25 | 25.M.1.b. | Added “including any assignment from a standby period” to reserve pilot limit | 1 | |
| 25 | 25.M.3.a.vii. | R-24 to base hotel standby limited to once per bid period; any add with pilot consent 3 CH | 1 | |
| 25 | 25.M.3.e. | R-24 assignment limits | 2 | |
| 25 | 25.M.4. | First Fly: preference for a specific activity or a general submission regardless of current availability | 2 | |
| 25 | 25.M.5.c.v.; 25.M.6.a.ii | mutiple report statuses: leveling and other treatment | 2 | |
| 25 | 25.M.6.a. | Reserve assignment 60 TAFB or less: First Fly first | 2 | |
| 25 | 25.M.6.b. | Reserve assignment more than 60 TAFB: First Fly considered first | 2 | current practice |
| 25 | 25.M.6.c. | Elimination of 75% limit on first fly | 2 | |
| 25 | 25.N.4.b. | New AVA days and required approval | 1 | |
| 25 | 25.N.4.c. | AVA: Restriction on obtaining AVA on a day(s) formerly covered by a trip removed via 25.L.3.a. and d., L.8. | 4 | |
| 25 | 25.O.1. | DRF: receive text and/or crew notifications | 3 | parties will meet within 60 days of DOS to begin to discuss and agree to specifics regarding information given and pilot response methodology |
| Section | Reference | Summary | Phase | Notes |
|---|---|---|---|---|
| 25 | 25.O.2. | DRF: more 4hrs showtime; 15 min response; assigned by least DRF in prior 180 days | 3 | |
| 25 | 25.O.3. | DRF: less 4hrs showtime; process in order received | 3 | |
| 25 | 25.S.2. | add SMU, PRO, RSV (for R-24 pilots) to disruption eligible | 2 | pay log submission until 2 |
| 25 | 25.S.2.a. | Landing disruption | 2 | pay log submission until 2 |
| 25 | 25.S.2.b.ii | DP Disruption: New trigger for a deadhead deleted at the beginning of the trip | 2 | pay log submission until 2 |
| 25 | 25.S.2.b.iii. | Duty period disruption-standby prior to DH automation | 2 | not new, automation needed; pay log submission until 2 |
| 25 | 25.S.2.b.iv. | Maintenance and weather exceptions further limited | 2 | prior needs automation as well; pay log submission until 2 |
| 25 | 25.S.2.c. | New Layover Disruption triggers | 2 | pay log submission until 2 |
| 25 | 25.S.2.g. | New Day to Critical Disruption | 2 | pay log submission until 2 |
| 25 | 25.V. | Extra DP: add SMU, PRO, and RSV (for R-24 pilots) to eligibility | 2 | |
| 25 | 25.V.3. | Hotel standby that exists b/w legal rest periods counts | 1 | current practice |
| 25 | 25.Y.1. | Jury Duty: Provide Company notice of jury duty no later than 3 business days pilot acquires knowledge | 4 | |
| 25 | 25.Y.3. | call-in converted to in-person, pilot shall promptly notify the PAC | 4 | |
| 25 | 25.Y.4. | If released, pilot shall notify PAC within next business day | 4 | |
| 25 | 25.Y.5. | December Jury Duty: the pilot may be required to make a good faith attempt to defer or establish an alternate date(s) | 4 | |
| 25 | 25.AA.6.b. | Increase the “by more than 6 CH” to 7 CH | 2 | |
| 26 | 26.A.1. | Flight Data protections | 1 | |
| 26 | 26.A.2. | Flight Data in Training protections | 1 | |
| 26 | 26.A.3. | Third Party Release and protections | 1 | no 3rd party releae until new NDA |
| Section | Reference | Summary | Phase | Notes |
|---|---|---|---|---|
| 26 | 26.A.3.b.ii. | Agreed-upon non-disclosure agreement | see note | prior to any third party vendor release |
| 26 | 26.A.4. | No video recordings in flight deck | 1 | |
| 26 | 26.A.5. | New program/device protections/ procedures | 1 | |
| 26 | 26.D. | Electronic bulletin board | 4 | |
| 26 | 26.H. | Gender Neutral pronouns | 1 | |
| 26 | 26.J.2. | BP4 status from anywhere to base for trip or other activity | 1 | |
| 26 | 26.J.2.a. | 13:30 includes ticketed commercial air travel (TCAT) | 1 | |
| 26 | 26.J.2.b. | 1:30 between block in and showtime changed to 1:00 | 1 | |
| 26 | 26.J.2.d. | No harm/ no foul includes the TCAT with back up plan | 1 | |
| 26 | 26.K.4.b.v. | add “scheduled base airport standbys” | 1 | |
| 26 | 26.M.1. | Company notification 210 days for passport to pilots | 2 | |
| 26 | 26.M.2. | Pilot validate within 180 days from passport expiration | 2 | |
| 26 | 26.M.4. | Company may require 2 passports for a particular fleet | 1 | |
| 26 | 26.N.4. | The Company shall not use a pilot’s login credentials (e.g., Apple ID) to access information not already resident on any company-issued device (e.g., iPad) | 1 | |
| 26 | 26.Q.3. | Pilot must elect printed CBA within 120 FCIF notice; electronic only for pilots hired after EDA | 1 | |
| 26 | 26.Y.7. | add Section 15 | 1 | |
| 26 | 26.CC. | Medical Freedom provisions | 1 | |
| 28 | 1 | 1 unless otherwise provided in section | ||
| 31 | 31.A. | update list of agreements | 1 | |
| 31 | 31.C. | effective date, opener, renewal, and 117 re-opener language | 1 | |
| Amendable Recovery Payments LOA | 1 | 1 unless otherwise provided in LOA | ||
| 28 LOA | 1 | 1 unless otherwise provided in LOA |
Landing Performance Teams MOU (2025)
p.519 MEMORANDUM OF UNDERSTANDING between FEDERAL EXPRESS CORPORATION and THE AIR LINE PILOTS in the service of FEDERAL EXPRESS CORPORATION as represented by THE AIR LINE PILOTS ASSOCIATION, INTERNATIONAL
Landing Performance Teams
This Memorandum of Understanding (“MOU”) is made and entered into in accordance with the provisions of Title II of the Railway Labor Act, as amended, by and between FEDERAL EXPRESS CORPORATION (hereinafter referred to as the “Company”) and the pilots in the service of FEDERAL EXPRESS CORPORATION, as represented by the AIR LINE PILOTS ASSOCIATION, INTERNATIONAL (hereinafter referred to as “ALPA”).
WHEREAS, the Company and ALPA are parties to a collective bargaining agreement setting forth the rates of pay, rules, and working conditions for the Company’s pilots (the “basic Agreement”), effective November 2, 2015; and
WHEREAS, the Company and ALPA are parties to a Flight Operational Quality Assurance Program Letter of Agreement 2011 (FOQA LOA) designed to enhance the safety and efficiency of the Company’s flight operations by collecting and analyzing digital flight data; and
WHEREAS, the Company and ALPA are parties to an Aviation Safety Action Program Memorandum of Understanding 2022 (ASAP MOU) with the Federal Aviation Administration; and
WHEREAS, the Company and ALPA are parties to an ASAP and FOQA Data Sharing Memorandum of Understanding 2020 (Data Sharing MOU) designed to increase the use and dissemination of ASAP Data and FOQA Data to allow more effective sharing of information between the two programs; and
WHEREAS, the Company and ALPA desire to utilize the parties’ expertise and experience to identify and offer recommendations regarding potential landing phase flight performance issues by a pilot, and collectively, potential systematic landing trends among the crew force in order to improve the safety of the Company’s flight operations and of the airline industry with protective provisions satisfactory to both the Company and ALPA;
p.520 NOW, THEREFORE, it is mutually agreed:
A.Definitions
The definitions and terms used in the FOQA LOA, ASAP MOU, and Data Sharing MOU shall apply and govern in this MOU. The following definition shall also apply for the purposes of this MOU:
FLIGHT DATA Any pilot performance data, aircraft component performance data, or aircraft performance data transmitted, recorded, collected from on board an aircraft by use of a:
a.Flight Data Recorder;
b.Cockpit Voice Recorder; or c. other device/equipment/system/instrument installed onboard an aircraft Flight Data includes Flight Safety Reports, tapes, recordings (as well as transcripts), papers, memos, studies, charts, graphs, reports (including Landing Scorecards), or similar work product derived from the devices listed above. Pilot or Company generated reports, requests, or messages from ACARS shall not be considered Flight Data.
B.LPT composition
1. Each aircraft fleet will have a separate LPT.
2.FOQA Gatekeepers who serve as LPT members shall be selected by ALPA, who shall consider recommendations from the ERC.
3.Company LPT members shall be selected by the appropriate fleet’s Chief Pilot, who shall consider recommendations from the ERC. Company LPT members shall be BPO pilots.
4.One Company LPT member shall be designated the LPT Lead who will be responsible for administering the LPT functions as described in this MOU. The LPT Lead shall be a BPO pilot.
C.Convening an LPT
An LPT may be convened by the ERC following the filing of an ASAP report. If an ASAP report has not been submitted following filing of an FOM 2.15 submission due to a “Hard Landing or Suspected Hard Landing,” the crew shall be given the opportunity to convert the submission to an ASAP report to be provided the protections of the ASAP program and opportunities provided in this MOU.
D.p.521 LPT members and Protected Data
1. LPT members may receive FOQA information (not FOQA Data), ASAP Data, Shared Data, or FDR Data (“Protected Data”) by ERC direction and in accordance with those respective agreements.
a.The Protected Data shall also be considered Flight Data for purposes of this MOU Paragraph F.1. through 3.
b.Protected Data must be de-identified as soon as reasonably possible, but no later than 90 days.
c.Any FOQA information will be provided only by the FOQA Gatekeeper to LPT members.
2.An LPT member shall hold Protected Data in strict confidence and shall be subject to the mutually agreed Confidentiality Agreement (Exhibit A).
3.LPT members shall conduct activities in strict confidence, including LPT debriefs.
E.LPT Debrief
1. Pilot participation in an LPT debrief shall be voluntary. The provisions of this MOU Paragraph F.1. through 3. apply equally to the participation or non-participation by the pilot.
2.An LPT debrief shall be restricted to an LPT member, FOQA Gatekeeper, and the pilot, unless otherwise agreed. No person shall attend any LPT debrief without the consent of the LPT member, FOQA Gatekeeper, and the pilot. Any such person shall be bound by the same confidentiality agreement as required for the LPT member.
3.The use of Protected Data by the LPT shall be exclusively limited to:
a.Engaging in voluntary debriefs with pilots to improve specific identified performance issues (including, when available, SARA animation).
b.Corrective action as directed by the ERC.
4.Any presentation (including, when available, SARA animation), conduct, reports, or statements made by LPT members, or the pilot in relation to an LPT debrief, or arising out of the LPT process shall be protected under Section 26.Y.7. of the basic Agreement.
5.Meetings a. The FOQA Gatekeeper shall brief the Fleet Working Group monthly on LPT trends and issues.
b.On a semi-annual basis, or as otherwise agreed, the Company LPT Lead shall brief the SCP, Fleet Chief Pilots, MD of Air Safety, MD of Flight Training, ALPA Safety Chair, ALPA Safety Vice Chair, ASAP Manager, ALPA ASAP Committee Chair, and others as mutually agreed, to discuss LPT trends, issues, and activities.
c.All LPT members will meet semi-annually to discuss Company-wide trends.
F.p.522 Pilot LPT protections
1. Flight Data shall not be used in or referred to in any Section 11, 15, 19, or related 20/21 proceeding, or any non-Agreement legal or administrative proceeding.
2.Flight Data shall not be used in, referred to, or constitute grounds for placement in, any Section 11 training, any Enhanced Oversight Program, or any other similar program and/or training.
3.Flight Data shall not be audited by Company Management, or designee, to evaluate or monitor the judgment or performance of an individual pilot or crew for use in a potential corrective action or performance improvement discussion, provided that performance improvement discussions may occur in the LPT debrief.
4.A pilot held out of service shall be treated as “part of the ASAP process” as provided in Section 26.Y.3.
G.LPT Member Participation
Company LPT members’ participation and compensation in LPT activities shall be determined by the LPT Lead.
H.LPT-related Gatekeeper Participation
FOQA Gatekeepers serving as LPT members shall be credited with a value of 4.5 CH for each LPT-related work day, and removed from future activities consistent with the parties’ understanding of administrative, accumulating banks (e.g., PSIT members).
I.Duration
1. If either party provides written notice of the intention to terminate this MOU, the parties shall meet to discuss within 30 days of the notice. The notice must be given in writing by the FedEx MEC Chairman or the FedEx Vice President, Flight Operations and Training.
2.Following that discussion, either party may terminate this MOU by providing written notice to the other party. The notice must be given in writing by the FedEx MEC Chairman or the FedEx Vice President, Flight Operations and Training.
3.This MOU shall become null and void upon either parties’ withdrawal from the ASAP MOU, Data Sharing MOU, or termination of the FOQA LOA. 4. This MOU shall be effective November 7, 2025, and will remain in effect concurrent with the basic Agreement.
IN WITNESS WHEREOF, the parties hereto have approved this Landing Performance Teams Memorandum of Understanding.
Flight Operations and Training
Labor Relations Pilot Contract Administration
Labor Relations Legal Counsel
Implementation of PACE Route Planning Software Letter (2024)
3620 Hacks Cross Road Building B, 2nd Floor Memphis, TN 38125
January 5, 2024
Captain Billy G. Wilson Chairman, FedEx Master Executive Council Air Line Pilots Association, International 1555 Lynnfield Road, Suite 101 Memphis, TN 38119
Re: Implementation of PACE Route Planning Software
Dear Captain Wilson:
This letter is to confirm that pursuant to Section 26.A.5. of the Agreement, FedEx has briefed ALPA prior to the exchange of any data, about the Company’s implementation of new software that, for a limited period of time, shares flight data with a third-party. On October 19, ALPA representatives were provided a demonstration of the new flight route optimization software from PACE Aerospace & IT. This letter further provides a basic summary and memorializes our agreement.
Specifically, FedEx will implement new flight route optimization software from PACE Aerospace & IT that will be accessible to FedEx pilots on their iPads. This software uses real time data, both from the aircraft and from external sources, to offer crews fully actionable recommendations (from altitude adjustments to course changes) regarding the most efficient way to complete their flights under current operating conditions. Accordingly, this program optimizes all phases of flight from climb to descent, relying on real-time data to deliver information to crew members that is accurate, relevant and complete to enable them to make the best decisions regarding their flight plans and operational decisions. Through the use of this technology FedEx can fly more safely, increase pilot awareness of current conditions, and operate more efficiently.
p.526 A sample of the display that a pilot will see is provided below:
Crews are not required to use the app or follow the recommendations offered by PACE. Should a crew elect not to follow recommendations offered by PACE (much like many driving GPS navigation apps that offer recommendations on routes to get to a particular location), PACE simply refreshes to provide new recommendations based on the pilot’s current location. Moreover, the PACE software constantly updates during the course of flight to provide new recommendations as conditions change.
Because PACE relies on real-time flight data to offer flight optimization recommendations directly to operating crewmembers, it is necessarily the case that identified flight data (i.e., date and flight number) will be shared with PACE. This data is encrypted upon transfer and is not different than existing aircraft technology utilized by FedEx that provides real time information regarding the status of a flight and equipment on board. At the conclusion of a flight, PACE retains that flight data (albeit without retaining information regarding the operating pilots) for a period of approximately 30 days. Following the conclusion of this limited retention period, PACE completely deletes all FedEx flight data from its records. Accordingly, where possible and consistent with the use of the PACE software, FedEx is deidentifying data to the greatest extent possible and, to the extent any identified data is provided to PACE, it permanently deletes any FedEx data it receives within 30 days.
PACE is materially different than other programs discussed by the parties over the last several years. It is not a scorecard program that uses identified flight data pulled from the p.527 traditional FOQA pathways to provide operational assessments of a pilot’s actions. Following a flight, pilots cannot use the PACE app to review their flight path or prior flights they operated.
FedEx will implement this app using a two phased approach. First, as we previously discussed, FedEx initiated making the PACE app available to LCAs and Flex Instructors as part of a 6-week Beta-Testing period. If satisfactory, it would then be rolled out to the crew force, who would be notified of the app via FCIF. The Company will provide ALPA with a draft copy of that communication in a reasonable time prior to its release to provide input.
To further ensure the protection of flight data and the parties’ mutual interests as expressed in Section 26.A. of the Agreement, the parties agree:
1.Information derived from the use of PACE shall not be used in or referred to in any Section 11, 15, 19 or related 20/21 proceeding, or any non-Agreement legal or administrative proceeding.
2.Information derived from the use of PACE shall not be used in, referred to, or constitute grounds for placement in, any Section 11 training, any Enhanced Oversight Program, or any other similar program and/or training.
3.The use or non-use of PACE by an individual pilot shall not be tracked.
4.Information derived from the use of PACE shall not be audited by Company Management, or any Company designee, to evaluate or monitor the judgment or performance of an individual pilot or crew for use in a potential corrective action or performance improvement discussion.
5.PACE shall sign an agreed upon nondisclosure agreement prohibiting the disclosure of FedEx flight data to any third party unless compelled to do so by law. Prior to any legally-compelled disclosure, PACE shall inform FedEx and ALPA of such disclosure with sufficient time to provide either the opportunity to intervene.
6.PACE shall permanently delete any FedEx identified flight data within 30 days of acquiring that data.
7.The existence of the PACE program shall not be referred to by the Company in any proceeding between the parties for the basis of asserting that the Association has acquiesced to the sharing of flight data to third parties; nor, based on the use of this app, does ALPA waive any rights under Section 26.A. or any data-related MOUs or LOAs existing between the parties.
p.528 If this reflects ALPA’s understanding, please indicate your agreement by signing below.
Sincerely,
FEDERAL EXPRESS CORPORATION
K.Phillip Tadlock Managing Director, Labor Relations
Accepted and agreed to on behalf of the Air Line Pilots Association:
Captain Billy G. Wilson Chairman, FedEx ALPA MEC
________________________________ Captain Patrick S. May Chairman, MEC Negotiating Committee
EUR Base Closure MOU (2024)
p.529 MEMORANDUM OF UNDERSTANDING between FEDERAL EXPRESS CORPORATION and THE AIR LINE PILOTS in the service of FEDERAL EXPRESS CORPORATION as represented by THE AIR LINE PILOTS ASSOCIATION, INTERNATIONAL
EUR Base Closure
This Memorandum of Understanding (“MOU”) is made and entered into in accordance with the provisions of Title II of the Railway Labor Act, as amended, by and between FEDERAL EXPRESS CORPORATION (hereinafter referred to as the “Company”) and the pilots in the service of FEDERAL EXPRESS CORPORATION, as represented by the AIR LINE PILOTS ASSOCIATION, INTERNATIONAL (hereinafter referred to as “ALPA”)
WHEREAS, the Company and ALPA are parties to a collective bargaining agreement setting forth the rates of pay, rules, and working conditions for the Company’s pilots (the “basic Agreement”), including the Foreign Duty Assignment in the EMEA and HKG (FDA LOA), effective November 2, 2015; and
WHEREAS, System Bid 23-01, which included the Base Closure of the EUR base, closed on May 8, 2023; and
WHEREAS, the parties wish to provide eligible pilots flexibility in their transition from the FDA;
NOW, THEREFORE, the parties agree as follows:
A.Base Closure Considerations
The following applies to a pilot who received an award or assignment from EUR in System Bid 23-01.
1.Subsequent Down/Lateral Bid Restriction Waiver (Section 24.F.1. and 2. (295)) As to subsequent DLBA restrictions, the following shall apply:
a.The award/assignment received from System Bid 23-01 shall not “count” as a down/lateral bid award.
b.For purposes of Section 24.F.1.e., a pilot's “current crew status" time will include the pilot's most recently activated crew status along with the EUR crew status.
2.Continuation of Health Care Coverage under the International Plan (Section 27.G.4. (397))
a.Provided the pilot maintains a non-U.S. residence, the pilot shall have the ability to continue under the Group Health and Dental Plans for Pilots through the International Plans administered by GeoBlue and Cigna Global Dental until the date all pilots receiving award/assignments have been activated in their System Bid 23-01 p.530 awards/assignments, but in any event not beyond December 31, 2024.
b.A pilot who desires to maintain international coverage pursuant to Paragraph A.2.a. above shall notify FedEx Express’ Pilot Benefits Administration (PBA) department in writing via PBA@fedex.com.
3.Four Year Service Credit (FDA LOA C.2.b. (471)) A pilot who has not completed 48 months as an active pilot in EUR shall be treated as if the pilot completed 48 months as an active pilot in EUR. The payment shall occur within 30 days of the effective date of this MOU.
4.Storage in the location at the pilot’s pre-FDA residence (FDA LOA C.2.c.i. (471)) The pilot shall retain the local storage benefit for 6 months following the month of the pilot’s activation in the System Bid 23-01 crew position, or until June 30, 2025, whichever is earlier.
5.Annual Home Tickets (FDA LOA C.2.f.ii. (476) and the Annual Home Visit Air Travel OIM) For a pilot, who as of the effective date of this MOU is eligible for the CGN housing allowance as provided in FDA LOA C.2.d. (472), and who, as of the effective date of this MOU, has not yet completed the two-year commitment in the FDA, shall be entitled to 2024 AHV travel (round trip). A pilot’s eligibility for this benefit does not extend beyond activation into the non-EUR crew position.
6.Regardless of status (i.e., active or inactive), no pilot is eligible for monthly housing allowance after December 2024.
B.Relocation Options
The following applies to a pilot who, as of the effective date of this MOU, is eligible for the EUR housing allowance as provided in FDA LOA C.2.d. (472) and will have relocated their permanent, primary residence to the United States no later than 4 years and 11 months following their EUR activation date.
1.Election No later than Monday, March 4, 2024, the pilot shall elect either the:
a.FDA LOA relocation benefits (as provided in the FDA LOA and further below in Paragraph B.2.). A pilot who fails to make an election shall be deemed to have elected this option (default election);
b.Relocation package #2 (as provided in the FDA LOA C.2.g.iv. (478), Section 6.E.2.b.iii (90), D.1. (86) and further below in Paragraph B.3.); or
c.Lump Sum Cash (LSC) relocation option (as provided below in Paragraph B.4.).
2.p.531 FDA LOA relocation benefits
a.In lieu of the FDA air travel expense bank as provided in FDA LOA C.2.f.iii. (476), the pilot may elect to receive $3,500 (taxable) for the pilot and each eligible dependent. An individual is only eligible for one Company provided de-positioning ticket or one $3,500 benefit as provided in this provision, but not both.
[Note: A pilot who has already relocated from EUR is not eligible for Paragraph B.2.a.]
[Note: Pilots electing the Lump Sum Cash relocation option in Paragraph B.4. are eligible for Paragraph B.2.a.]
b.Contractual Obligations (FDA LOA C.2.g.iv. (478)) Regardless of the pilot’s standing bid on System Bid 23-01, the pilot shall be treated as “assigned” for contractual obligations associated with the pilot’s rented permanent, primary residence (e.g., lease, utilities, mobile phone, internet, cable/television, and telephone) in the FDA that extends beyond January 1, 2024, provided the lease would have ended prior to the pilot’s 4 years, 11 months as provided in FDA LOA N.1. (492).
c.Return Household Goods Shipment (FDA LOA C.2.h.ii. (479)) The pilot shall be eligible for a household goods shipment of 4,500 lbs. (or 6,500 lbs. if the pilot elected to waive reimbursement of domestic storage expenses).
d.Deferral of Training Request The pilot’s training date/BTA shall be considered “assigned” for purposes of FDA LOA G.2. (488) (education conflict deferral requests), and the 24 OIM #12, provided however that no training date shall be deferred beyond October 31, 2024.
3.Relocation package #2 Regardless of the pilot’s standing bid on System Bid 23-01, the pilot shall be treated as “assigned” and eligible for the Section 6 relocation package #2 as provided in the FDA LOA C.2.g.iv. (478), and Section 6.E.2.b.iii. (90), D.1. (86).
a.Section 6.F.1.b. (92) ordinarily provides 7 relocation days off, with the selection of those days “coordinated in advance” with the pilot’s Fleet Captain (Section 6.F.5. (93)). Alternatively, the pilot shall have the ability to utilize the 7-10 day footprint and selection of those days as provided in the May 15, 2018, FDA OIM for Early Exits.
b.The 100 nm residence requirement in Section 6.B.2.d. (76) shall not be applicable to the pilot; however, resulting increased moving costs (compared to moving to within 100 nm) are the pilot’s responsibility.
[Note: Paragraph B.2.b. “contractual obligations” and Paragraph B.2.d. shall be applicable to the pilot who elected Paragraph B.3.]
4.p.532 The Lump Sum Cash (LSC) relocation option in Lieu of Specific Benefits.
a.A pilot who elects the Lump Sum Cash (LSC) relocation option shall be provided:
i.$40,000 (net and non-pensionable); and ii. De-positioning air travel (FDA LOA C.2.f.ii. (476), including the “in lieu of” option in Paragraph B.2.a. above.)
b.Pursuant to Paragraph B of this MOU, a pilot who elects the LSC relocation option and who does not relocate their permanent, primary residence to the United States by 4 years and 11 months following their EUR activation date shall be obligated to reimburse all funds received via election of this option as provided in Section 6.G.5. (94).
c.The LSC option is in lieu of Paragraphs B.2.b., c., d., B.3., C., and also in lieu of the following benefits and obligation:
i.Return household goods packing and shipment (FDA LOA C.2.h.ii. and iii. (479)).
ii.Wire transfer fees reimbursement (FDA LOA C.2.q.i. (483)).
iii.Ground transportation expense reimbursement leaving the FDA (FDA LOA C.2.q.ii. (483)).
iv.Hotel use during exit reimbursement (FDA LOA D.2.b. (485)).
v.Return of deposit assistance to Company (FDA LOA C.2.l.v. (482)).
d.The payment shall occur no later than 30 days after either the initial election deadline date (Paragraph B.1.), or the LSC election deadline (Paragraph C.2.), as applicable, and shall be included as part of the pilot’s tax equalization as provided in FDA LOA E. (486).
C.Procedure for Establishing Move Date
1. No later than 7 days following the election period provided in Paragraph B.1., the Company shall begin conducting a bid for eligible pilots (whose move has not yet been scheduled) to bid upon and be awarded/assigned available household goods move slots. Preference will be given to pilots with children’s school year considerations, or other demonstrated needs. The bid window will be open for at least 7 days. Move dates/slots shall not be awarded/assigned in conflict with a pilot’s projected training footprint, nor within 14 days following the pilot’s projected activation date. In any event, no Company paid/supported move dates/slots shall be available after October 31, 2024.
2.A pilot who is assigned a move slot shall have the ability to elect the LSC option (Paragraph B.4.) within 3 business days of receiving notice of the assigned move slot. Vacated slots shall be offered in seniority order to those pilots who bid for that date, then in seniority order among those who did not bid that slot.
D.De-Registration and Continued Applicability of Assignment Duration Limitation
The Company may require a pilot to execute an acknowledgment (Attachment A) that the pilot is no longer based in EUR has completed the de-registration process, and, should the pilot maintain a permanent primary residence in the EU, that continued residence shall not impose any additional tax or regulatory obligation on the Company.
E.p.533 Inactive Lateral Transfer
A pilot who is in an inactive status and whose current crew position is EUR as of December 31, 2024, or thereafter, shall be laterally base transferred to MEM 57 CAP or FO as applicable. Upon returning to active status, the pilot shall not be considered based in Memphis for purposes of Section 5.A.5., 7., B.1.d., C., and Section 11.E.1.g. in regards to any pilot’s requalification training for 57 CAP or FO, as applicable, provided any travel to/from training “away from base” is measured to/from the pilot’s PPR. In addition, upon returning to active status, if the pilot’s currently awarded crew position does not differ from the pilot’s EUR crew position (e.g., EUR 57 FO), for the selecting of a crew position upon return to duty as provided in Section 13.A.6.b.ii. (214), the crew position shall be determined by comparing the pilot’s system wide seniority against the results of the most recent System Bid.
F.This MOU is in resolution of potential contractual grievances related to the closing of the EUR FDA issues associated with System Bid 23-01, including relocation and training/BTA dates, as of the effective date of this MOU.
G.Duration
This MOU shall be effective February 13, 2024, and will remain in effect concurrent with the basic Agreement.
IN WITNESS WHEREOF, the parties hereto have approved this EUR Base Closure MOU.
Air Line Pilots Association, International
Support
HKG Base Closure MOU (2022)
p.535 MEMORANDUM OF UNDERSTANDING between FEDERAL EXPRESS CORPORATION and THE AIR LINE PILOTS in the service of FEDERAL EXPRESS CORPORATION as represented by THE AIR LINE PILOTS ASSOCIATION, INTERNATIONAL
HKG Base Closure
This Memorandum of Understanding (“MOU”) is made and entered into in accordance with the provisions of Title II of the Railway Labor Act, as amended, by and between FEDERAL EXPRESS CORPORATION (hereinafter referred to as the “Company”) and the pilots in the service of FEDERAL EXPRESS CORPORATION, as represented by the AIR LINE PILOTS ASSOCIATION, INTERNATIONAL (hereinafter referred to as “ALPA”)
WHEREAS, the Company and ALPA are parties to a collective bargaining agreement setting forth the rates of pay, rules, and working conditions for the Company’s pilots (the “basic Agreement”), effective November 2, 2015; and
WHEREAS, in February 2021, the Company initiated a Section 26.W. relocation because of entry restrictions put in place by Hong Kong (HKG) authorities related to the COVID-19 pandemic; and
WHEREAS, System Bid 21-01, which included the Base Closure of the HKG base, closed on November 30, 2021; and
WHEREAS, while 26.W. relocation remains in effect, the parties wish to provide pilots with HKG as their Current Crew Position the ability to “close down” their existing permanent primary residence in HKG in addition to their relocation “from the FDA”;
NOW, THEREFORE, the parties agree as follows:
A.Eligibility
A pilot shall be eligible under this MOU if HKG was their “Current Crew Position” following the close of System Bid 21-01, the pilot is currently relocated pursuant to Section 26.W., and the pilot has an existing, permanent primary residence (PPR) in HKG. [Note: the use of “Current Crew Position” includes pilots who exercised FDA LOA Paragraph P. prior to the close of the System Bid in that they have HKG as their “Current Crew Position” at the close of System Bid 21-01].
B.p.536 Close Down Footprint (CDF)
1. The pilot shall have the ability to submit a bid for the bid period in which to “close down” the pilot’s existing HKG residence. The pilot shall bid every available bid period.
[Note : Excludes pilots who already have moves scheduled.]
2.The Company will award those bids in seniority order, provided however that a pilot may not be awarded a bid period which is the pilot’s BTA bid period, nor any bid period which touches the pilot’s projected ITU footprint. In the event the Company determines that these bids will exceed staffing needs of a given crew status and bid period, awards will be determined by seniority. A pilot not awarded the pilot’s first bid period shall be considered (in seniority order) for the pilot’s next selected bid period.
3.For the awarded/assigned Paragraph B.1. close down bid period, the bid period for an active pilot who is eligible to enter HKG will be awarded in a pay only status. This eligibility will be determined on the day normal monthly bidding closes for that bid period, by reference to the pilot’s vaccination status in CrewNav.
4.Provided the pilot is eligible for entry into HKG, the pilot’s CDF will commence on the first day of the pilot’s positioning travel to HKG, which shall not conflict with any carry-in trip. The CDF shall continue until the end of the pilot’s pay only bid period.
5.Vacation periods which conflict with the CDF may be rescheduled to a currently open slot(s) or to a slot(s) held by any pilot junior to the pilot in the pilot’s crew position. If the vacation cannot be rescheduled, or the pilot elects not to reschedule, the pilot’s vacation shall be handled as provided in Section 7.E.1.b.v. (99).
6.The pilot may request from the System Chief Pilot an extension to this time period for delays incurred due to a positive COVID-19 test, quarantine, scheduling, revisions to a trip, or other issues outside the control of the pilot.
a.The System Chief Pilot will approve or deny the request within 48 hours. An extension for required quarantine days for a pilot who is not fully vaccinated shall be approved.
b.To the extent conflicts exist with the extension, any activities removed shall be dropped and the pilot shall be eligible for PNP, provided that the activities were removed at least 96 hours prior to scheduled showtime(s). Otherwise, those credit hours will be eligible for regular M/U.
c.An extension, if any, shall be considered a part of the pilot’s CDF.
7.Upon election, the Company provided transportation of household goods in storage (see FDA LOA Paragraph C.2.c.i. (471)) shall be, at the pilot’s option, to:
a.the pilot’s pre-FDA domestic residence;
b.the OAK/SFO base; or
c.p.537 the pilot’s new PPR, involving no greater cost to the Company than would be incurred transporting the household goods in storage to OAK/SFO (the pilot shall be responsible for any additional cost).
8.During the pilot’s CDF, the Company shall provide the pilot business class air travel to the FDA from SFO, or from a different domestic location involving no greater cost to the Company (the pilot shall be responsible for any additional cost). The Company will reimburse baggage fees associated with this travel, provided that the pilot paid for such fees using the pilot’s personal credit card, and then requests reimbursement with the applicable receipt(s) via FDA Insite.
9.During the pilot’s CDF, the Company shall provide FDA LOA Paragraph C.2.f. (475) business class air travel to the pilot, using the Paragraph C.2.f. process, from the FDA to one of the following locations, the pilot’s:
a.pre-FDA domestic residence;
b.new base; or c. new residence.
10.During the pilot’s CDF, a pilot utilizing a Company jumpseat when entering/exiting HKG shall be booked in BP2 status (includes multiple flight segments, e.g., MEM-ANC-TPE-HKG, with intermediate stops enroute totaling no greater than 36 hours).
11.During the pilot’s CDF, the Company shall provide for the Return Household Goods Shipment from the FDA (see FDA LOA Paragraph C.2.h.ii. (479)).
12.During the pilot’s CDF, the Company shall reimburse the pilot for ground transportation for the pilot, up to a total of $1,200, as follows:
a.from the pilot’s Section 26.W. residence to the departure airport;
b.from the FDA arrival airport to a hotel and/or the pilot’s PPR in HKG;
c.from the pilot’s PPR in HKG to a hotel in HKG and/or the FDA departure airport;
d.between HKG hotels; and e. from the domestic arrival airport to the hotel and/or the pilot’s new PPR.
13.The Company shall reimburse the pilot for a stay in a hotel up to a total of 15 nights (no more than $250/night) for a pilot, during a period beginning on the first day of the pilot’s CDF and ending on the day prior to the pilot’s activation into the next crew position, as follows:
a.a location within 100 nautical miles of HKG airport;
b.intermediate stops during required travel to/from the FDA greater than 4 hours;
c.the location of the pilot’s pre- or post-FDA domestic residence; and/or d. the pilot’s new base, if relocating the PPR to the new base.
[Note: this is not in addition to the FDA LOA Paragraph D.2.b. (485) benefit]
14.The Company shall reimburse the pilot for quarantine hotel costs.
15.p.538 This CDF shall satisfy the relocation days off otherwise provided in Section 6 of the CBA, and the FDA LOA, for pilots exiting the HKG FDA.
16.A pilot who elects to participate in the relocation pursuant to this MOU shall be ineligible for the benefits provided in the FDA LOA Paragraph D.2.c. (485).
17.A pilot who has already closed down that pilot’s HKG residence, or does not otherwise return to HKG for a PPR close down purpose, is not eligible for the CDF and pay only bid period, but may submit receipts for eligible expenses otherwise provided for in this MOU.
C.Remote Move Option
A pilot may elect a remote move in lieu of a CDF. The pilot shall then be eligible to arrange a remote move of the pilot’s HHG via the Company’s vendor. The Company, however, shall not be obligated to pay any additional costs beyond those associated with Paragraph B.11. above.
D.Specific Benefits
1. A pilot’s eligibility for Section 26.W. benefits (e.g., monthly allowance, nightly housing allowance) shall cease the earlier of the:
a.establishment of the pilot’s new PPR;
b.end of the pilot’s CDF;
c.pilot’s activation date; or d. end of the Paragraph B.1. awarded close down bid period (if ineligible for entry into HKG).
2.Notwithstanding Paragraph D.1. above, a pilot who has not established a PPR shall be eligible for an additional 60 days of Section 26.W. benefits past the otherwise applicable end date if:
a.the period between the pilot’s activation in the new crew position and the start of the pilot’s awarded close down bid period exceeds 60 days; or b. the period between the end of the pilot’s awarded close down bid period and the pilot’s activation in the new crew position exceeds 60 days.
3.In no event shall a pilot be eligible for any continued Section 26.W. benefits as provided above in Paragraph D.2.: a. if the pilot has rejected a Company request to change the pilot’s BTA date to a date immediately following the end of the pilot’s CDF;
b.if the pilot has completed both a CDF and has been activated in the pilot’s new crew position; or c. past the last HKG pilot’s CDF.
4.For the purposes of housing allowance eligibility (FDA LOA Paragraph C.2.d. (472)), the “last month of the pilot’s assignment to the FDA” shall be the ending date of the CDF or, if ineligible for entry into HKG, the end of the Paragraph B.1. awarded bid period. A pilot shall remain eligible for the pro-rated FDA housing allowance as provided in FDA LOA Paragraph C.2.d.vi. (475), regardless of the pilot’s activation in the new crew position.
E.p.539 Other Company Reimbursement of Costs
The Company shall reimburse a HKG based pilot (regardless of the pilot’s “eligibility” under this MOU) for the following incurred as a result of the HKG Base Closure, provided however, that the pilot has taken reasonable steps to minimize such costs:
1.Non-refunded and unreimbursed eligible educational expenses up to $10,000 greater than the maximum reimbursable limit (FDA LOA Paragraph G.1. (488)), including withdrawal fees and other types of penalties (requests to exceed this additional $10,000 limit shall be directed to the Vice President, Flight Operations);
2.Lease obligations and/or lease termination fees; and 3. COVID testing fees.
F.Section 26.W. Relocation
In addition to the benefits in this MOU, a pilot shall be entitled to air travel (FDA LOA Paragraph C.2.f.i.(b) (475)) and ground transportation expenses (FDA LOA Paragraph C.2.q.ii.(c) and (d) (484)) for the pilot’s immediate family from the Section 26.W. location in the same manner and with the same benefits as provided in the FDA LOA, with the Section 26.W. location considered as the HKG PPR.
[Application Note: The application of this paragraph will be subject to a review and approval process, based upon the pilot’s submission “from” location.]
G.Current ITU/BTA Dates
A pilot may request a BTA/ITU training start date change following the awards of close down bid periods.
[Note: These requests may be granted at the discretion of the Crew Staffing department.]
H.Duration
This MOU shall be effective April 20, 2022, and will remain in effect concurrent with the basic Agreement for the duration of the Company’s application of Section 26.W.
IN WITNESS WHEREOF, the parties hereto have approved this HKG Base Closure MOU.
Vice President, Labor & Employment Chairman, FedEx MEC Air Line Pilots Association, International
Support
Maintenance Data Program MOU (2021)
D.p.543 Duration
1. Either party may terminate this MOU by providing written notice to the other party. Notice to Terminate must be given in writing by the FedEx MEC Chairman or the FedEx Vice President, Safety and Airworthiness. If the MOU is terminated, the parties will revert to the rights they had, relative to flight data, prior to the effective date of this Agreement.
2.This MOU shall be effective March 24, 2021, and will remain in effect concurrent with the basic Agreement.
Air Line Pilots Association, International
Support
Type text here
ASAP and FOQA Data Sharing MOU (2020)
p.549 MEMORANDUM OF UNDERSTANDING between FEDERAL EXPRESS CORPORATION and THE AIR LINE PILOTS in the service of FEDERAL EXPRESS CORPORATION as represented by THE AIR LINE PILOTS ASSOCIATION, INTERNATIONAL
ASAP AND FOQA DATA SHARING
This Memorandum of Understanding (“MOU”) is made and entered into in accordance with the provisions of Title II of the Railway Labor Act, as amended, by and between FEDERAL EXPRESS CORPORATION (hereinafter referred to as the “Company”) and the pilots in the service of FEDERAL EXPRESS CORPORATION, as represented by the AIR LINE PILOTS ASSOCIATION, INTERNATIONAL (hereinafter referred to as “ALPA”).
WHEREAS, the Company and ALPA are parties to a collective bargaining agreement setting forth the rates of pay, rules, and working conditions for the Company’s pilots (the “basic Agreement”), effective November 2, 2015; and
WHEREAS, the Company and ALPA are parties to a Flight Operational Quality Assurance Program Letter of Agreement (“FOQA LOA”) designed to enhance the safety and efficiency of the Company’s flight operations by collecting and analyzing digital flight data; and
WHEREAS, the Company and ALPA are parties to an Aviation Safety Action Program Memorandum of Understanding (“ASAP MOU”) with the Federal Aviation Administration, dated December 16, 2014; and
WHEREAS, the Company and ALPA desire to increase the use and dissemination of ASAP Data and FOQA Data to allow more effective sharing of information between the two programs in order to improve the safety the Company’s flight operations and of the airline industry with protective provisions satisfactory to both the Company and ALPA;
NOW, THEREFORE, it is mutually agreed:
A.Definitions
The definitions and terms used in the FOQA LOA and ASAP MOU shall apply and govern in this MOU. The following definitions shall also apply for the purposes of this MOU:
An ASAP report, the contents of an ASAP report, and any conduct, statement, decisions, or recommendations made by those individuals (e.g., the ASAP manager, coordinator(s), ERC, etc.) involved in the ASAP process or arising out of such process.
2.Shared Data. ASAP Data provided by the ERC to the FOQA Gatekeeper, and any FOQA Data provided by the Gatekeeper to the ASAP ERC.
B.Shared Data Use
1.The ASAP Event Review Committee (“ERC”) receiving Shared Data a. After accepting an ASAP report, the ERC may request from the FOQA Gatekeeper whether there exists corresponding FOQA Data for an ASAP reported event if it determines such FOQA Data may aid in understanding the cause of the event.
b.The FOQA Gatekeeper will inform the ERC whether such FOQA Data exists. If such FOQA Data does exist, the FOQA Gatekeeper may also:
i.provide a brief description of the FOQA Event to the ERC;
ii.provide the relevant FOQA Data to the ERC; and/or iii. assist the ERC with analysis of the FOQA Data. [Note: any description or assistance provided by Paragraph B.1.b.i. or iii. shall be considered “FOQA Data.”] c. The ERC’s use of any of the information from Paragraph B.1.b. shall not be used to exclude an ASAP report.
2.The FOQA Gatekeeper receiving Shared Data If a FOQA Gatekeeper reviews a FOQA Event for which he determines ASAP Data may aid in understanding the cause of the event, the FOQA Gatekeeper may request from the ERC any corresponding ASAP report. The ERC may provide the corresponding ASAP report to the FOQA Gatekeeper.
3.The parties agree that in reference to Paragraph D.1 of the FOQA LOA, the maximum time period for removal of identifying data from the Identified FOQA Data will be extended to 90 days while this MOU remains in effect. The 15 day timeline in Paragraph D.1 of the FOQA LOA shall again become applicable upon the effective date of either parties’ withdrawal from the ASAP MOU or the effective date of any parties’ termination of this MOU (in accordance with Paragraph C.1 below).
4.p.551 The retention and any release of Shared Data received by the ASAP ERC will be governed by the ASAP MOU. Likewise, the retention and any release of Shared Data received by the FOQA Gatekeeper will be governed by the FOQA LOA.
5.The Company and ALPA will meet 6 months and 12 months from the effective date of this MOU for purposes of evaluating its implementation and effect.
C.Compensation
The Section 18.C.1. ALPA Safety and Data Collection Bank shall be increased from 1,600 CH to 1,715 CH (28 CH ASAP, 87 CH FOQA Program).
D.Duration
1.Either party may terminate this MOU by providing written notice to the other party. Notice to Terminate must be given in writing by the FedEx MEC Chairman or the FedEx Vice President, Safety and Airworthiness.
2.This MOU shall become null and void upon either parties’ withdrawal from the ASAP MOU or termination of the FOQA LOA.
3.This MOU shall be effective September 2, 2020, and will remain in effect concurrent with the basic Agreement.
IN WITNESS WHEREOF, the parties hereto have approved this ASAP and FOQA Data Sharing Memorandum of Understanding.
Air Line Pilots Association, International
Support
ASAP MOU (2026)
p.553 This document is generated based on the MOU Template- Version 3.4.0, Aug 04, 2026.
We the parties of this MOU agree to work together to review, analyze, and resolve safety events submitted to the Aviation Safety Action Program (ASAP).
This MOU is between the Federal Aviation Administration (FAA), FEDERAL EXPRESS CORPORATION, and participating labor groups for employees if they wish to participate.
1.AVIATION ORGANIZATION INFORMATION. Federal Express Corporation who wholly owns the below listed entities which hold FAA operation certificates or specification issued by the FAA to conduct operations as authorized by either Ops Specs or M Specs.
Federal Express Corporation Entity Information:
| Designator | FAR Part | Aircraft | Employees | Group Type | Representative |
|---|---|---|---|---|---|
| FDEA | Part121 | 400 | 5000 | PILOT | Air Line Pilots Association, Int’l. |
2.PURPOSE OF THIS MOU. The FAA, Federal Express Corporation, and any participating labor groups are committed to improving flight safety. Each party has determined that safety is enhanced if there is a systematic approach for employee groups to promptly identify and correct potential safety hazards. The primary purpose of the Federal Express Corporation ASAP is to identify safety events and to implement corrective measures that reduce the opportunity for safety to be compromised. In order to facilitate flight safety analysis and corrective action, the FAA, Federal Express Corporation, and the participating employee labor groups agree to implement this ASAP voluntarily. This ASAP is intended to improve organizational safety through self-reporting, cooperative follow up, and appropriate corrective action. This ASAP is based on a safety partnership that includes the FAA and the aviation organization (AO), and may include a third party, such as the employee’s labor group or safety organization serving as an ASAP facilitator. To encourage an employee to voluntarily report safety issues, enforcement-related incentives have been designed into the program.
3.BENEFITS. The program will foster a voluntary, cooperative, nonpunitive environment for the open reporting of safety concerns. Through such reporting, all parties will have access to valuable safety information that may not otherwise be obtainable. This information will be analyzed in order to develop mitigation strategies and employee corrective actions if necessary to help solve safety issues and possibly eliminate deviations from Title 14 of the Code of Federal Regulations. For a report accepted under this ASAP MOU, the FAA will not use any enforcement action to address certain apparent violations of the regulations. This policy is referred to in this MOU as an “enforcement-related incentive”.
4.p.554 APPLICABILITY. The Federal Express Corporation ASAP applies to the covered groups of employees of Federal Express Corporation and only to events that occur while acting within the scope of their employment with Federal Express Corporation and their contractors (if applicable). Reports of events involving apparent noncompliance with Title 14 of the Code of Federal Regulations that appear to involve intentional or reckless conduct, criminal activity, substance abuse, controlled substances, alcohol, or intentional falsification are excluded from the program. Reports of events that directly involve an employee but that occurred while he or she was acting outside the scope of his or her employment for the aviation organization are also excluded.
5.DECISION-MAKING. The success of an ASAP is built on the ability of the event review committee (ERC) to achieve consensus on the acceptance or exclusion of each event that is reported. Consensus of the ERC means the voluntary agreement of all representatives of the ERC. The ERC reaches a consensus when deciding whether to accept a report into the program and when deciding on corrective action recommendations related to the reporter, arising from the event (except as provided in paragraph 6, below).
6.AUTHORITY. This Agreement is entered into under the authority of Title 49 of the United States Code (49 U.S.C.) § 106(l) and (m). The FAA retains all of its legal authority and responsibilities contained in 49 U.S.C., as referenced in FAA Order 2150.3 and in the FAA Compliance and Enforcement Program (as amended). In the event there is not a consensus of the ERC on decisions concerning a report involving an apparent violation(s), reckless or intentional conduct, or a qualification or medical certification issue, the FAA ERC representative decides whether to accept or reject the report.
7.TERMS OF THIS AGREEMENT. All ASAPs, whether new or previously established, enter as continuing programs. A review of a continuing program is required every 2 years to ensure its objectives are met. The review is accomplished by all signatories of the MOU.
8.VOLUNTARY WITHDRAWAL. Any signatory party to the MOU may withdraw from the MOU at any time and for any reason. The withdrawal of a party, or the termination or modification of a program, will not adversely affect anyone who acted in reliance on the terms of a program in effect at the time of that action (i.e., when a program is terminated, all reports and investigations that were in progress are to be handled under the provisions of the program until they are completed).
9.POINTS OF CONTACT. The ERC is comprised of a management representative from the aviation organization, a representative from the employee labor group (if applicable), and a specifically qualified FAA inspector from the appropriate Flight Standards office for Federal Express Corporation, or his or her designated alternates as appropriate. In addition, Federal Express Corporation will designate one person who will serve as the ASAP manager. The ASAP manager will be responsible for program administration, including the development and regular maintenance/updating of an ASAP manual or other process document that defines the nature, policy, and procedures of the ASAP and its participants. In some cases (while not ideal), the ASAP manager is also the aviation organization management representative to the ERC and may perform both functions. Management officials (other than the airline representative) of any party to this MOU should not be voting members of the ERC and should refrain from influencing any ERC decisions.
10.p.555 ACCEPTANCE POLICY. The following criteria are met in order for a report to be accepted under the ASAP:
(1)ASAP reports are accepted unless excluded by one of the criteria listed below:
(a)Any possible noncompliance with Title 14 of the Code of Federal Regulations disclosed in the report that involves reckless or intentional conduct.
Note: There is a narrow circumstance under which the ERC considers acceptance of a report despite the intentionality of a violation. Under 14 CFR part 91, § 91.3(b), in an in-flight emergency requiring immediate action, the pilot in command (PIC) may deviate from any rule in 14 CFR part 61 to the extent required to meet that emergency. In considering accepting the report, the ERC should evaluate whether such action may have been the safest course given the circumstances at the time of the incident. If the deviation was the result of an event outside the control of the pilot or not otherwise evidencing a lack of diligence (e.g., to address a flightthreatening mechanical malfunction), the ERC may determine that acceptance of the report is appropriate.
(b)The reported event involves criminal activity, substance abuse, controlled substances, alcohol, or intentional falsification. Reports involving those events will be referred to the appropriate FAA office for further handling. The FAA may use the content of such reports for any FAA action and will refer such reports to law enforcement agencies, if appropriate.
(c)The report discloses an event that involves an employee acting outside the scope of his or her employment for the aviation organization.
Note: The ERC may exclude a report that reflects an instance of a repeated act of the same or similar noncompliance by the same individual due to a common root cause that was previously accepted and addressed with corrective action under the ASAP.
(2)Timeliness. In past iterations of ASAP policy, emphasis was placed on meeting strict time period requirements as a condition for acceptance of reports. While timeliness considerations are generally still a relevant factor in determining whether to accept a report, the responsibility of the ERC now is to review all information available and determine whether acceptance of the report is in the best interest of safety. Timeliness considerations, however, do not apply to sole-source reports.
11.EMPLOYEE FEEDBACK. The ASAP manager, in coordination with the ERC, publishes pertinent event recaps, data, and trend information derived from filed and processed reports, and ASAP analysis in accordance with Federal Express Corporation’s defined procedures. Any employee who submitted a report may also contact the ASAP manager to inquire about the status of his or her report. In addition, each employee who submits a report accepted under the ASAP receives individual feedback on the final disposition of the report.
12.p.556 INFORMATION AND TRAINING. Each Federal Express Corporation participating employee and manager receives written guidance outlining the details of the program at least 2 weeks before the program begins. Each participating employee group also receives additional instruction concerning the program during the next regularly scheduled recurrent training session, and on a continuing basis in recurrent training thereafter. All new-hire employees receive training on the program during initial training.
13.RECORDKEEPING. All documents and records regarding this program are kept by the Federal Express Corporation ASAP manager and made available to the other parties of this agreement at their request. The parties should maintain those records necessary for a program’s administration and evaluation and as required by law. Records submitted to the FAA for review relating to an ASAP are protected to the extent allowed by law.
14.DEVELOP A POLICY AND PROCEDURES MANUAL. The ERC is encouraged to develop and maintain a manual outlining ASAP processes and procedures for reviewing and analyzing reports. Information for developing this manual can be located on the FAA Flight Standards ASAP website at http://www.faa.gov/about/initiatives/asap under “Lessons Learned for ERC’s Policy and Procedures.”
FEDERAL EXPRESS CORPORATION 15. SIGNATORIES. All parties to this ASAP are entering into this agreement voluntarily.
8/11/2026 -------------------------------------------------------------------------------- --------------
Vice President Flight Operations and Training
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Chairman, FedEx MEC Air Line Pilots Association, International
Digitally signed by
Date: 2026.08.24 06:33:43
CE-23 Office Manager
**********************************************************************
Above named operator voluntarily withdrawn from the ASAP program by
Signature: - -----------------------------------------------------------------------------------
Effective Date: ------------------------------------------------------------------------------------
ASAP MOU Letter (2020)
3620 Hacks Cross Road Building B, 3rd Floor Memphis, TN 38125
VIA ELECTRONIC MAIL
August 28, 2020
Captain David Chase Air Line Pilots Association, International FedEx Master Executive Council 1770 Kirby Parkway, Suite 300 Memphis, TN 38138
Re: Aviation Safety Action Program (ASAP) MOU (2020)
Dear Captain Chase:
With the release of the FAA’s Advisory Circular 120-66C dated March 31, 2020, the Company and ALPA have agreed to a continuing program and MOU consistent with the Advisory Circular. ALPA and the Company have also reached agreement regarding issues directly related to the ASAP MOU concerning both parties.
The purpose of this letter is to memorialize those agreements.
1.Company Disciplinary Action. No Company disciplinary action will be taken against a pilot who submits an ASAP report that meets the acceptance criteria set forth in paragraph 10 of the ASAP MOU regarding the event disclosed in such ASAP report, provided that such pilot/report is not subsequently excluded from the program.
2.Just Culture. In assessing whether an ASAP report “involves reckless or intentional violation conduct” under Paragraph 10(1)(a) of the MOU, the parties will utilize the Just Culture model.
3.Voluntary Disclosure Reporting. If the Company files a VDR that may involve possible non-compliance with 14 CFR by a pilot(s) and/or crew(s), the ASAP Manager shall immediately contact the pilot(s) and/or crew(s) to provide notice that a VDR has been filed. The ASAP Manager shall provide sufficient identifying details of the event disclosed in the VDR to allow the pilot(s) and/or crew(s) involved in that event to file an ASAP report.
4.“Consensus of the ERC.” Paragraph 5 of the ASAP MOU states, “Consensus of the ERC means the voluntary agreement of all representatives of the ERC.” As stated in the FAA’s Lessons Learned and Best Practices for ERC Members, “[i]t does not require that all members believe that a particular decision or recommendation is the most desirable p.558 Captain David Chase August 28, 2020 Page 2
solution, but that the result falls within each member’s range of acceptable solutions for that event in the best interest of safety.”
5.Information Security. The ASAP Manager and the ERC will continue to maintain a secure database that continually tracks each event and the analysis of those events. Access shall be solely limited to the ASAP Manager, his designees (e.g., ASAP coordinators, analysts, required auditors), and the ERC.
6.Confidentiality. The ERC and the ASAP Manager shall continue to conduct activities in strict confidence. No person shall attend any ERC meeting without the consensus of the ERC, and any observer or ASAP Manager designee shall be bound by the same confidentiality requirement as required for the ERC and ASAP Manager.
Sincerely,
FEDERAL EXPRESS CORPORATION
Jeffery Robertson Vice President, Labor & Employment
Accepted and agreed to on behalf of the Air Line Pilots Association:
Captain David C. Chase Chairman, FedEx MEC Air Line Pilots Association, International
_________________________________ Captain Patrick S. May Chairman, MEC Negotiating Committee
“Section 24” OIM (2019)
p.574 If this reflects ALPA 's understanding, please indicate your agreement by signing below.
Sincerely,
FE�
Jeffery E. Robertson Vice President, Labor & Employment
Accepted and agreed to on behalf of the Air Line Pilots Association: Ua;1�""� Dated this /u; day of December, 2019 Captain Peter A.M. Harmon Chairman, FedEx ALPA MEC
Captain Patri Chairman, MEC Negotiating Committee
#1371576
“FDA One Year Hiatus” OIM (2019)
“B767 and Splitting of Bid Packs” OIM (2019)
TAD and TSUP Trips OIM (2019)
Potential Qualification/Currency Lapses OIM (2018)
“FDA Early Exit Option-Transition Footprint” OIM (2018)
p.590 Captain Charles W. Dyer May 15, 2018 Page 2
(both as to the number of days preferenced and the specific days preferenced) provided the pilot's preference is submitted by the appropriate deadline (as defined above) and does not:
a.touch Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, New Year's Eve, New Year's Day (local base days) or the 24 hours preceding or following such holiday(s);
b.create a conflict with a trip that began in the prior bid period (i.e., a carryover trip from the prior bid period); or c. touch more than a single bid period.
Application Note: if the preferenced transition footprint conflicts with an international trip buffer, that buffer shall be deemed waived.
3.If the pilot's preference for the transition footprint is submitted by the appropriate deadline but does not fit within the parameters in Paragraph 2.a., b. and or c., the Company shall construct the pilot's secondary line in a manner that provides the number of preferenced consecutive days free from duty in that bid period but that footprint may not be the exact footprint (i.e., specific days) preferenced by the pilot.
4.If the pilot does not submit his preference for the transition footprint by the appropriate deadline, conflicts between the transition footprint and activities on the pilot's secondary line will be removed and pay protected up to 42CHs (but not more than 42CHs). Any conflicted CHs exceeding 42CHs shall be eligible for make-up.
If this reflects the Association's understanding, please indicate your agreement by signing below.
Sincerely,
Joh D. Maxwell Vice President, Labor Relations
“Parking At the FDA Base Airports and Section 5.F.” OIM (2016)
“FDA Kindergeld and Educational Expenses” OIM (2016)
Ground Transportation in the EUR FDA OIM (2016)
Hotel Inspection Compensation Protocol MOU (2016)
“FDA Annual Home Visits” OIM (2016)
“Bid Period Override” OIM (2016)
Foreign Duty Assignments in the EMEA and HKG LOA (2015)
p.607 LETTER OF AGREEMENT
between
FEDERAL EXPRESS CORPORATION
and
THE AIR LINE PILOTS
in the service of
FEDERAL EXPRESS CORPORATION
as represented by
THE AIR LINE PILOTS ASSOCIATION, INTERNATIONAL
FOREIGN DUTY ASSIGNMENTS IN THE EMEA AND HKG
This Letter of Agreement (“LOA”) is made and entered into in accordance with the provisions of Title II of the Railway Labor Act, as amended, by and between FEDERAL EXPRESS CORPORATION (hereinafter referred to as the “Company”) and the pilots in the service of FEDERAL EXPRESS CORPORATION, as represented by the AIR LINE PILOTS ASSOCIATION, INTERNATIONAL (hereinafter referred to as the “Association”).
WHEREAS, the Company and the Association are parties to a collective bargaining agreement setting forth the rates of pay, rules, and working conditions for the Company’s pilots (hereinafter referred to as the “basic Agreement”), effective on November 2, 2015, and
WHEREAS, the Company and the Association agree that the following terms and conditions shall govern Foreign Duty Assignments (hereinafter referred to as “FDAs”) in the Europe, Middle East, and Africa Region (hereinafter referred to as “EMEA”) and Hong Kong (hereinafter referred to as “HKG”).
NOW, THEREFORE, the parties agree as follows:
A.Authorized FDAs and Establishing a New FDA in the EMEA
1.This LOA authorizes the Company to center FDAs in:
a.Hong Kong (HKG);
b.Cologne, Germany (CGN); and
c.Paris, France (CDG), provided, however, that if the Company establishes an FDA in CDG under this LOA, the housing allowance shall be determined in accordance with Paragraph A.2.d. of this LOA below.
2.p.608 The Company may establish a new FDA in the EMEA, if agreed upon in writing by the Association’s MEC Chairman and the Vice President of Flight Operations under the following conditions:
a.The Company shall notify the Association’s MEC Chairman, in writing, of the location and anticipated date the Company plans to begin staffing the FDA.
b.The FDA is centered at an airport located in Switzerland, Germany, Great Britain, Ireland, Spain, the Netherlands, or Belgium.
c.The location is determined to be acceptable from a safety, security, and accessibility standpoint.
d.A housing allowance is provided to pilots assigned to the FDA that is not less than $3,500, which shall be adjusted for the difference in the cost-of-living between CGN and the location of the new FDA, as follows:
i.The Baseline Maximum Per Diem Rate (BMPDR) for the CGN FDA (as defined in Paragraph C.2.d.i.(c) of this LOA) and the Maximum Per Diem Rate (MPDR) for the new EMEA FDA location shall be sampled on the date the Company notifies the Association that it plans to establish a new EMEA FDA.
ii.The initial housing allowance in the new EMEA FDA location shall be based on the ratio between the most recent housing allowance in the CGN FDA and the corresponding BMPDR for CGN, when compared to the MPDR for the new EMEA FDA location (rounded to the nearest whole dollar).
iii.The minimum monthly housing allowance for the new EMEA FDA location shall be based on the ratio between the MPDR in the CGN FDA and the MPDR in the new EMEA FDA location, when compared to $3,500 (rounded to the nearest whole dollar).
e.The terms and conditions of this LOA applicable to the FDA centered in CGN shall apply to a new EMEA FDA.
3.Provided that the prerequisites of Paragraph A.2. of this LOA are satisfied, the Association’s agreement shall not be unreasonably withheld. The Company shall have the burden of proof and persuasion in a proceeding in which this provision is contested.
4.Nothing in this LOA shall be construed to limit the Company’s ability to establish an FDA in accordance with Section 6 of the basic Agreement.
B.Crew Positions in FDAs
Crew Positions for FDAs in the EMEA or in HKG shall be posted, bid upon and awarded as provided in Section 24 of the basic Agreement with the following modifications:
1.p.609 In any notification of a System Bid, the Company shall also include any known restriction related to the EMEA or HKG FDAs.
2.The down/lateral bid restrictions set forth in Section 24.F.1. of the basic Agreement shall be waived with respect to pilots bidding for FDA crew positions.
3.In order to list an FDA crew position on his standing bid, a pilot must sign an FDA Personal Agreement (hereinafter “Personal Agreement”), agreed upon by the parties (Attachment A), which provides, in part, that, if the pilot is awarded an FDA crew position, the terms and conditions of his employment while assigned to the FDA will be governed by the basic Agreement and applicable laws of the United States and not by the laws of the country where the FDA is located.
a.Pilots listing an FDA crew position on their standing bid will be provided with an electronic copy of the Personal Agreement, which the pilot must sign and submit electronically to the Company.
b.If an FDA pilot violates any aspect of the FDA Personal Agreement:
i.The pilot may, at the Company’s option, be assigned to a non-FDA crew position consistent with the pilot’s seniority. Such pilot’s assignment (as that term is defined in Section 24) to a non-FDA crew position and/or his assignment (as that term is defined in Section 24) to an ITU training date/slot (if any such training is required) shall not generate an SDP or an inverse SDP for any pilot.
ii.Nothing in this Paragraph shall be construed so as to limit any action the Company might take under Sections 19, 20, and 21 related to a pilot’s violation of the Personal Agreement.
4.Visas and Other Required Credentials
a.The Company shall cover the cost of obtaining visas and other official credentials that are required for an FDA pilot (i.e., a pilot activated in an FDA crew position) to live and/or work in the FDA (e.g., residence and work visas, HKG Identification Card, etc.).
i.To the extent that members of the pilot’s immediate family (as that term is defined in Section 6 of the basic Agreement) relocate with him to the FDA, the Company shall also cover the cost of such visas and other official credentials that are required for those members of the pilot’s immediate family to live in the FDA.
Absent extenuating circumstances, if the Company obtains such visas and credentials for members of the pilot’s immediate family who do not relocate to the FDA thereafter, the pilot shall reimburse the Company for the cost of obtaining such visas and credentials.
ii.p.610 Pilots shall coordinate and cooperate with the Company’s designated representatives for the purpose of securing said visas and credentials.
b.If, having been awarded an FDA crew position, a pilot is unable to secure or maintain any required visa or credentials for himself, he shall contact his Fleet Captain immediately and shall be released from his FDA crew position award.
c.If a member of the pilot’s immediate family is unable to secure or maintain the required visas or credentials, the pilot may elect to be released from his FDA crew position award by submitting an appropriate explanation to the System Chief Pilot (or his designee). The timing of the release shall be determined by the System Chief Pilot (or his designee), after consultation with the pilot, and shall balance the pilot’s desires with the Company’s operational requirements.
d.The crew position of a pilot who was released from his FDA crew position award as described in Paragraph B.4.c. of this LOA shall be determined as provided in Section 13.A.6.b.ii. of the basic Agreement as if the pilot had been on a leave of absence when the System Bid on which he was awarded his FDA crew position closed. Such pilot’s assignment (as that term is defined in Section 24) to a new crew position and assignment (as that term is defined in Section 24) to an ITU training date/slot (if any such training is required) shall not generate an SDP or an inverse SDP for any pilot.
e.The pilot’s inability to secure or maintain required visas or credentials shall not, by itself, constitute grounds for penalty or discipline.
C.Relocation Package Options in the EMEA and HKG FDAs
Except as provided in Paragraph O. of this LOA within 15 days after being awarded a crew position in an FDA, a pilot shall choose from either the “Existing CBA Option” or the “Enhanced Option” set forth in Paragraph C.1. and C.2. of this LOA, respectively.
1.Existing CBA Option (3 year commitment)
Pilots who choose the Existing CBA Option shall be entitled to the following:
a.Relocation benefits as described in Section 6 of the basic Agreement, except that Section 6.E.1.e. (FDA Bonus) shall be inapplicable.
b.Tax equalization as provided in Paragraph E. of this LOA.
2.p.611 Enhanced Option (2 year commitment)
Pilots selecting the Enhanced Option shall be entitled to the following benefits, in lieu of the benefits available under Section 6 of the basic Agreement. Unless specifically provided for below, provisions in Section 6 of the basic Agreement shall not be applicable to HKG and EMEA FDA pilots who elect the Enhanced Option.
a.Seed Money
Pilots who select the enhanced option shall be entitled to a one-time payment of $10,000 which shall be paid upon:
i.a pilot’s activation into his FDA crew position; and
ii.the Company’s receipt of all required documentation, including documentation required for the processing of the tax equalization program and all necessary immigration paperwork.
b.Four Year Service Credit
If a pilot completes 48 months as an active pilot in the same FDA, he shall receive an additional payment of $5,000. This payment shall be made within 30 days after the pilot completes his 48th month as an active pilot in the FDA. If a pilot upgrades within the FDA, time spent in ITU training will not be counted toward the 48 months. A pilot may receive more than one 48 month service credit payment during his assignment to the FDA (e.g., if a HKG FDA pilot completes 96 months as an active pilot in the HKG FDA, he shall receive a second payment of $5,000, etc.).
c.Storage
i.A pilot shall be entitled to expenses associated with the storage of his household goods in the location of his pre-FDA domestic residence (i.e., his permanent, primary residence immediately preceding his assignment to the FDA) or, if approved in advance by the Relocation Department, a different domestic location involving no greater cost to the Company (using the cost of storage in the pilot’s pre-FDA domestic location as the reference point). Reimbursement shall not exceed $4,000 per year and the storage must be at a commercial storage provider. In addition, the Company will assume the cost of packing such goods (subject to the standard limitations regarding the types of goods to be shipped/stored, which are catalogued in Section 6.C.1.b.), and the cost of transporting them to and from the storage facility (local transportation only). Requests for reimbursement of storage fees must be submitted within 90 days of the date the expense was incurred, in accordance with the Company’s standard procedures concerning expense reporting.
ii.p.612 A pilot may elect to waive reimbursement of domestic storage expenses and instead elect to ship up to 2,000 additional pounds of household goods in his initial and return household goods shipments pursuant to Paragraph C.2.h. of this LOA. This election shall be made during the pilot’s “FDA Assignment Window” (i.e., the period beginning 60 days prior to his activation in his FDA crew position and ending 6 months after his activation in his FDA crew position) and shall apply for the duration of the pilot’s assignment to the FDA.
d.Housing Allowance
i.Rental Allowance
Pilots shall be entitled to a rental allowance as set forth below to offset the cost of renting a permanent, primary residence in the FDA location.
(a)The monthly rental allowance in the HKG FDA shall be a minimum of $4,500.
(b)The monthly rental allowance in the FDA centered in CGN shall be a minimum of $3,500.
(c)Cost of Living Protection for EMEA FDA Rental Allowance
(1)The U.S. Department of State Foreign Maximum Per Diem Rate (MPDR) for the CGN FDA was sampled on March 1, 2011, which established the Baseline Maximum Per Diem Rate (BMPDR) of 388.
(2)Beginning on January 1 and July 1 of each calendar year following the effective date of this Agreement, the MPDR shall be sampled. If the sampled MPDR varies from the BMPDR by more than 5%, the Company shall adjust the EMEA FDA Rental Allowance by the percentage change in the MPDR (rounded to the nearest whole dollar). If the EMEA FDA Rental Allowance is changed pursuant to this mechanism, the MPDR on which the new housing allowance was based shall constitute the new BMPDR, which shall be published on the EUR FDA page of pilot.fedex.com.
(3)Any adjustment to the EMEA FDA Rental Allowance by operation of this paragraph shall be effective beginning in February and/or August, and shall be announced via FCIF at least 15 days prior to the first business day of February and/or August.
(4)In no event, however, shall the application of this paragraph result in a monthly rental allowance for p.613 the EMEA FDA of less than that set forth in Paragraph C.2.d.i.(b) of this LOA.
(d)Cost of Living Protection for HKG FDA Rental Allowance
(1)On the effective date of this Agreement, the Company shall calculate a baseline Currency Exchange Rate Adjusted Rental Index (CERARI), as follows:
(A)The most recent, non-provisional Private Domestic – Class C Rental Index (prepared by the Rating and Valuation Department of the Government of the Hong Kong Special Administrative Region) (RI) shall be sampled. This shall be the “baseline RI.”
(B)The “Average Buying Rate in Hong Kong Dollars” (published by the Inland Revenue Department of the Government of the Hong Kong Special Administrative Region) (ABR) for the month used to determine the baseline RI shall also be sampled. This shall be the “baseline ABR.”
(C)The baseline RI shall be divided by the baseline ABR to determine the baseline CERARI, which shall be published on the HKG FDA page of pilot.fedex.com.
(2)Beginning on January 1 and July 1 of each calendar year following the effective date of this Agreement, the Company shall calculate a new CERARI using the same methodology set forth in Paragraph C.2.d.i.(d)(1). If the calculated CERARI on that day varies from the baseline CERARI by more than 5%, the Company shall adjust the HKG FDA Rental Allowance by the percentage change in the CERARI (rounded to the nearest whole dollar). If the HKG FDA Rental Allowance is adjusted pursuant to this mechanism, the CERARI on which the adjusted HKG FDA Rental Allowance was based shall constitute the new baseline CERARI, which shall also be published on the HKG FDA page of pilot.fedex.com.
(3)Any adjustment to the HKG FDA Rental Allowance by operation of this paragraph shall be effective beginning in February and/or August, and shall be announced via FCIF at least 15 days prior to the first business day of February and/or August.
(4)p.614 In no event, however, shall the application of this paragraph result in a monthly rental allowance for the HKG FDA of less than that set forth in Paragraph C.2.d.i.(a) of this LOA, nor shall the application of this paragraph result in a CERARI less than the baseline CERARI determined on the effective date of this Agreement.
ii.Home Ownership Allowance. A pilot who chooses to own rather than rent a permanent, primary residence in the FDA shall be entitled to a monthly home ownership allowance of 50% of the minimum FDA rental housing allowance listed in Paragraph C.2.d.i.(a) and (b) of this LOA.
iii.To be eligible for the housing allowance, a pilot must establish and maintain a permanent, primary residence in the country containing the airport at which the FDA base is centered (for purposes of this paragraph, HKG shall be considered part of China). Additionally, the pilot must occupy the housing for which an allowance is being paid. Standards for determining whether a pilot has relocated his permanent, primary residence under this paragraph shall be the same as for full relocations under Section 6 of the basic Agreement. The housing must be located within 100 nautical miles of the base airport. A larger radius may be approved on a case-by-case basis by the System Chief Pilot, if the proposed residence affords access to the hub airport that is at least as expeditious and reliable as comparable residences inside the 100 nm radius and is within the same country in which the FDA base airport is located.
Note: The requirement that pilots establish and maintain a permanent, primary residence in the country containing the airport at which the FDA base is located shall not apply to pilots who elected the Enhanced Option and who relocated their permanent, primary residence to within 100 nm of the FDA base airport prior to February 28, 2011.
iv.The housing allowance shall be paid the first month in which the pilot is assigned to the FDA and has secured a permanent, primary residence pursuant to Paragraph C.2.d.iii. of this LOA. In the first and last month of a pilot’s assignment to the FDA, if the pilot is assigned to the FDA for less than a full month, his housing allowance for that month(s) shall be prorated.
Upon request, a pilot must provide adequate substantiation that he has established and maintained his permanent, primary p.615 residence in the FDA, including, but not limited to, a lease agreement, canceled checks, or receipts.
v.In cases of a pilot’s persistent failure to maintain timely contact and completion of required documentation pertaining to the tax equalization program, the Company may suspend the pilot’s housing allowance, provided however, that the Company gave the pilot prior notice of his delinquency and the pilot was given at least 60 days to rectify that delinquency.
vi.The pilot shall receive a pro-rated FDA housing allowance for 30 days after the date on which:
(a)the pilot’s lease on his permanent, primary residence in the FDA expires (or is not renewed within 15 days of its expiration) or is terminated prior to its expiration date by the pilot or the pilot’s landlord;
(b)the pilot ships his household goods from the FDA to his next residence in accordance with Paragraph C.2.h.ii. of this LOA; or
(c)the pilot uses or members of his immediate family use the Company provided de-positioning tickets to travel to the pilot’s next residence in accordance with Paragraph C.2.f. of this LOA.
A pilot is not eligible for FDA housing allowance payment(s) (full or pro-rated) after his activation in his new crew position.
e.Tax equalization as provided in Paragraph E. of this LOA.
f.Airline Tickets. All airline tickets authorized by this paragraph shall be purchased exclusively through the Company’s travel vendor in coordination with the Relocation Department.
i.The Company shall provide business class air travel to the pilot and the members of his immediate family relocating to the FDA with him:
(a)to the FDA base airport from his pre-FDA domestic residence during his FDA Assignment Window (“positioning air travel”); and
(b)from the FDA base airport (or a commercial passenger airport within 100 nm of the FDA base airport) to one of the following locations during his “FDA Transition Window” (i.e., the period beginning 6 months prior to his activation into his post-FDA crew position and ending upon either his activation in his new crew position or 60 days after termination of his employment, whichever is earlier) (“de-positioning air travel”):
(1)p.616 his pre-FDA domestic residence;
(2)his new base, if the pilot is relocating his permanent, primary residence to his new base; or
(3)his new residence if located in a different location in the US involving no greater cost to the Company (using his pre-FDA domestic residence as the reference point).
ii.After the completion of his commitment period in the FDA, the Company shall provide the pilot and the members of his immediate family who relocated to the FDA and have been living with the pilot in the FDA during his commitment period with economy class round trip air travel once per calendar year from the FDA base airport (or a commercial passenger airport within 100 nm of the FDA base airport) to one of the following locations (“annual home visit air travel”):
(a)his pre-FDA domestic residence; or
(b)a different domestic location involving no greater cost to the Company (using the pilot’s pre-FDA domestic residence as the reference point).
iii.The Company shall establish a separate FDA air travel expense bank for each pilot entitled to airline tickets authorized by Paragraph C.2.f. The value of the pilot’s FDA air travel expense bank shall be equal to the reference fare quote obtained by the Company’s travel vendor pursuant to Paragraph C.2.f.iii.(b).
(a)A pilot shall submit his positioning or de-positioning air travel request to the Relocation Department at least 21 days prior to the requested travel date. A pilot shall submit his annual home visit air travel request as far in advance as is practicable under the pilot’s circumstances (e.g., requesting travel following bid period schedule awards or secondary line construction).
Note: The Company currently requires, and may continue to require, the pilot to submit an air travel request form to the Relocation Department in order to access this benefit.
(b)Within 3 days of the Relocation Department’s receipt of the pilot’s request for air travel authorized by this paragraph, the Company’s travel vendor shall obtain a fare quote (“reference fare quote”) for the total cost of business class (for positioning/de-positioning tickets) or economy class (for annual home visit tickets) air travel for the pilot’s entire traveling party between the reference p.617 destinations listed in Paragraph C.2.f.i. and ii. respectively. The Company’s travel vendor shall transmit the reference fare quote electronically to the Company’s Relocation and Crew Travel Audit Departments and to the pilot.
(c)Within 3 days of the pilot’s request for air travel authorized by this paragraph, the Company’s travel vendor shall also obtain a fare quote (“requested fare quote”) for the total cost of air travel for the pilot’s entire traveling party on the requested itinerary. The Company’s travel vendor shall transmit the requested fare quote electronically to the pilot, at which time the pilot may purchase tickets for his requested itinerary (as quoted) or make alternative arrangements with the Company’s travel vendor.
(d)If the pilot elects to travel on the “reference” itinerary, the pilot must purchase tickets from the Company’s travel vendor within 3 days of the pilot’s receipt of the reference fare quote.
(e)Any air travel expenses in excess of the balance of the pilot’s FDA air travel expense bank shall be remitted to the Company by payroll deduction, as provided in Section 3.E.1.a.vi., from the pay check on the 15th of the month following the pilot’s purchase of air travel tickets authorized by this paragraph.
g.Commitment Period
i.A pilot must complete two years as an active pilot in the FDA, unless released from his obligation due to extenuating circumstances by the Vice President, Flight Operations.
ii.If a pilot fails to complete his commitment period without a release from the Vice President, Flight Operations, he shall be obligated to repay his seed money and any money paid by the Company for storage.
iii.If a pilot changes or attempts to change his crew status within his FDA (e.g., upgrades from F/O/HKG to CAP/HKG), his original commitment period shall be extended by 12 months plus the time spent in training. In the EMEA FDA, however, a pilot may change his crew status in this manner only if the pilot can activate to the new seat and actually perform revenue operations in that seat for at least 12 months prior to the end of his EMEA FDA assignment. This restriction may be waived by the Vice President, Flight Operations, in extenuating circumstances.
p.618 An extension of an FDA pilot’s commitment period under this provision shall not be considered for purposes of determining a pilot’s eligibility for annual home visit air travel benefits (Paragraph C.2.f.ii.) (i.e., the pilot’s “original” commitment period shall be used to determine his eligibility for annual home visit air travel benefits- not the pilot’s “extended” commitment period).
iv.Furlough or Assignment
In the event that an FDA pilot is furloughed or assigned (as that term is defined in Section 24) to a crew position and that pilot has contractual obligations associated with his rented permanent, primary residence (e.g., lease, utilities, mobile phone, internet, cable/television, and telephone) in the FDA that extend beyond his furlough date or his activation into his new crew position, the Company shall assume responsibility for reasonable and customary termination fees; provided, however, that the pilot provides the Company with a copy of any relevant agreement(s), has taken reasonable steps to mitigate or reduce the termination fees, and has fully cooperated with the Company in this regard.
In addition, the Company shall reimburse educational expenses that the furloughed pilot is responsible for beyond the furlough date. Educational expenses for an FDA pilot assigned (as that term is defined in Section 24) to a crew position are subject to the provisions in Paragraph G.2. of this LOA.
In the event that an FDA pilot is furloughed or assigned (as that term is defined in Section 24) to a crew position in a different geographic location, he shall be entitled to the relocation benefits set forth in Section 6.E.2.b.ii. or iii. of the basic Agreement (as appropriate).
h.Household Goods Shipments
i.Initial Household Goods Shipment
During an FDA pilot’s FDA Assignment Window, he shall be entitled to a household goods shipment of 2,000 lbs. (or 4,000 lbs. if the pilot elected to waive reimbursement of domestic storage expenses pursuant to Paragraph C.2.c. of this LOA) from his pre-FDA domestic residence to his permanent, primary residence in the FDA. A pilot’s initial household goods shipment shall be via FedEx Express International Economy (IE) service (or the most comparable such service if IE is discontinued).
ii.p.619 Return Household Goods Shipment
During an FDA pilot’s FDA Transition Window, he shall be eligible for a household goods shipment of 4,000 lbs. (or 6,000 lbs. if the pilot elected to waive reimbursement of domestic storage expenses pursuant to Paragraph C.2.c. of this LOA). A pilot’s return household goods shipment shall be via either FedEx Express, on a space available basis, or by surface transportation if surface transportation offers more expeditious transit times than shipment by FedEx Express on a space available basis.
Unless different locations are authorized by the Company’s Relocation Department, return household goods shipments shall be, at the pilot’s option, from the pilot’s permanent, primary residence in the FDA to:
(a)his pre-FDA domestic residence;
(b)his new base, if the pilot is relocating his permanent, primary residence to his new base; or
(c)his new residence if located in a different location in the US involving no greater cost to the Company (using his pre-FDA domestic residence as the baseline).
If a pilot chooses a location which exceeds the cost to the Company of shipping the pilot’s household goods from his permanent, primary residence in the FDA to his pre-FDA domestic residence, the pilot shall be responsible for the additional cost of shipping to that location. This provision shall not limit or abridge any relocation rights which accrued to the pilot prior to his FDA assignment (e.g., rights accrued by SFS and ANC pilots under 1999 and 2006 Agreements).
iii.For all household goods shipments, this benefit shall include the cost of packing such goods, subject to the standard limitations regarding the types of goods to be shipped/stored, which are catalogued in Section 6.C.1.b. of the basic Agreement, and the cost of transporting them as described above.
iv.For shipments of household goods by air, the pilot shall be responsible for the cost of shipping any excess dimensional weight if the dimensional weight exceeds both the actual weight and the maximum weight allowance. The dimensional weight for such shipments is calculated by multiplying the actual volume of the shipment (in cu. ft.) by 4.0 lbs./cu. ft.
v.Payment for any excess weight over the applicable weight limits or additional shipment costs associated with the destination p.620 of his household goods shipment shall be the sole responsibility of the pilot and shall be paid at the time of the move.
vi.Delayed household goods shipments shall be handled in accordance with Section 6.C.1.a. of the basic Agreement.
vii.Regardless of whether the pilot elected the Enhanced Option or the Existing CBA Option, the Company shall reimburse the pilot for the cost of a shipment of personal items (up to 100 lbs., but no more than $500) after the pilot’s household goods are shipped from the FDA; provided, however, that the pilot ships his personal items using his FedEx employee discount/ reduced-rate shipping account and submits a receipt/invoice within 30 days of the date of the shipment.
i.In the event the Company closes an FDA, pilots who have not met their commitment period shall not be required to repay any seed money or monies paid by the Company for storage and shall be permitted to a return household goods shipment in accordance with Paragraph C.2.h.ii. of this LOA.
j.Orientation and Housing Search Services
i.During the first 30 days of a pilot’s assignment to the FDA, the Company shall make available to FDA pilots local real estate and orientation assistance. This shall be provided through individuals who are fluent in the local language and who are familiar with the FDA location. This service may last up to four days and may be provided individually or in small groups.
ii.In extraordinary circumstances, an additional day(s) may be approved by the Vice President, Flight Operations, or his designee. Any additional day(s) not approved by the Company shall be at the pilot’s expense. A pilot may use his Company credit card to pay for any additional day(s) and the amount of the expenditure will be recovered through payroll deduction as provided in Section 3.E.1.a.iv. of the basic Agreement.
iii.The Company shall provide 6 months of ongoing telephonic support beginning the first day of onsite housing assistance provided to the pilot. This shall be provided through individuals who are fluent in the local language and who are familiar with the FDA location.
k.Initial Residence upon Arrival
i.During the first 30 days of a pilot’s assignment to the EMEA FDA, he may be required to stay, at the Company’s expense, in an extended stay hotel that has been jointly approved by the Company and the Association. To the extent that the daily cost of the hotel stay is less than $250, the Company will pay the pilot the difference between the cost of the hotel stay and $250.
ii.p.621 Pilots assigned to the HKG FDA (or the EMEA FDA if the pilots are not so required pursuant to Paragraph C.2.k.i. of this LOA) may elect to live in a local hotel for up to 30 nights in the first 60 days of his assignment. The Company will reimburse pilots making this election for the cost of hotel arrangements up to $250 per night.
iii.In extraordinary circumstances, the Vice President, Flight Operations, or his designee, may approve additional days of hotel usage for pilots in the FDA.
iv.Payments for hotel stays pursuant to these provisions are in lieu of the housing allowance set forth in Paragraph C.2.d. of this LOA.
l.Deposit Assistance
i.The Company will provide one holding deposit per pilot per assignment to an FDA, arranged through the Company’s vendor for facilitating relocations in the FDA. The holding deposit shall be offset against the pilot’s deposit assistance benefit in Paragraph C.2.l.ii of this LOA, or his housing allowance in Paragraph C.2.d. of this LOA, as applicable. In the event a rental agreement is not consummated and the holding deposit, or portion thereof is forfeited, the Company may seek reimbursement from the pilot, unless the deposit was forfeited due to circumstances beyond the pilot’s control. If a holding deposit is forfeited for reasons beyond a pilot’s control, another holding deposit may be provided at the Company’s discretion.
ii.If a landlord/lessor requires an advance deposit(s) as a requirement of leasing a permanent, primary residence in the FDA, the Company shall provide deposit assistance up to a maximum of $10,000 per pilot. The purpose of the deposit assistance is to mitigate the financial burden placed upon pilots who are required to supply advance deposits. The provision of the deposit assistance shall be on a tax free basis to the pilot.
iii.In the event that a pilot is transitioning from one permanent, primary residence in the FDA to another, the Company shall provide deposit assistance for the rental of the second residence. When the Company renders deposit assistance for a second property without first receiving a refund of monies deposited on the first rental, the total deposit assistance outlay shall not exceed $20,000 between the two deposits; provided, however, that deposit assistance for a second property is available only if the pilot has made reasonable and timely p.622 efforts to obtain the return of his deposit by the landlord/lessor of the first property and has fully cooperated with the Company in this regard.
iv.This deposit shall be paid directly to the landlord/lessor, as applicable, once the pilot supplies documentation establishing the existence of the deposit requirement.
v.At the conclusion of the pilot’s lease, the refundable portion of the deposit for which the assistance was provided shall be returned to the Company within 60 days after the pilot receives the funds.
vi.The pilot/lessee shall manage his rental property in such a way as to minimize the amount, if any, withheld by the landlord/lessor. Absent extraordinary circumstances (e.g., failure to pay rent, photographically documented damage beyond normal wear and tear), the Company shall not seek reimbursement from the pilot with respect to deposit funds withheld by the pilot’s landlord/lessor. Any reimbursements due from the pilot to the Company owing to reduced deposit assistance refunds shall be treated as adjustments or reimbursements as provided in Section 3.E.1.a.vi. of the basic Agreement. The Company shall not discipline or counsel the pilot with respect to deposit funds withheld by the pilot’s landlord/lessor.
m.Realtor’s Fee
If there is a customary, contractual realtor’s fee associated with a pilot’s rental of his permanent, primary residence, the Company shall cover the cost of up to two such fees during the pilot’s initial commitment period in the FDA. For each additional 2 years of active service as a pilot in the FDA, the Company shall cover the cost of an additional realtor’s fee; provided, however, that the Company’s vendor for providing local real estate and orientation assistance reviews and approves the pilot’s lease(s).
n.Early Relocations Limitations
i.A pilot may elect to relocate to the FDA up to 60 days before his activation date.
ii.If the pilot elects to relocate prior to his activation date, upon his relocation, he shall be entitled to benefits associated with visas and other required credentials, seed money, storage, tax equalization, airline tickets, household goods shipment, orientation and housing search services, deposit assistance, and the realtor’s fee assistance.
iii.Requests to access the relocation benefits listed in Paragraph C.2.n.ii. of this LOA more than 60 days before a pilot’s p.623 activation date shall be at the Company’s discretion. If such a request is granted, it shall be on a non-precedential basis.
iv.Section 6.A.8. of the basic Agreement shall apply to pilots who relocate prior to activation.
v.A pilot may be required to sign a confirmation letter acknowledging his early relocation benefits and responsibilities.
o.Habitation Tax
If a pilot’s permanent, primary residence is within the acceptable radius of his base, as provided in Paragraph C.2.d.iii. of this LOA, and he incurs a Habitation Tax during his assignment to the EMEA FDA, such tax shall be covered by the Company on a tax free basis to the pilot.
p.Relocation Upon Termination of Employment
An FDA pilot whose employment with the Company is terminated due to retirement, voluntary resignation, or disciplinary discharge (for misconduct other than that described in Section 6.E.2.b.iv. of the basic Agreement) shall be eligible for the same return relocation benefits that he would be eligible for if he was relocating from the FDA as a result of an award to a new crew position.
If an FDA pilot’s employment with the Company is terminated due to misconduct described in Section 6.E.2.b.iv. of the basic Agreement, the terms and conditions of that provision shall apply, regardless of whether the pilot elected the Enhanced Option or the Existing CBA Option at the beginning of his assignment to the FDA.
q.Miscellaneous Expense Reimbursements
The Company shall reimburse an FDA pilot for the following miscellaneous expenses (receipts or other documentation required, regardless of amount), provided that such reimbursement requests are submitted within 90 days of the date the expense was incurred, in accordance with the Company’s standard procedures concerning expense reporting:
i.Wire transfer fees (up to a total of $600/calendar year but not more than 3 such wire transfers, or $50, per month) (Note: reimbursement requests shall be made on a quarterly basis only);
ii.Ground transportation expenses (up to a total of $600 each way per assignment to an FDA) for the pilot and the members of his immediate family who are relocating with him to the FDA, as follows:
(a)from his pre-FDA domestic residence to the domestic departure airport;
(b)p.624 from the FDA arrival airport to the initial stay hotel and/or the pilot’s permanent, primary residence in the FDA;
(c)from the pilot’s permanent, primary residence in the FDA to the exit transition hotel in the FDA and/or the FDA departure airport; and
(d)from the domestic arrival airport to the exit transition hotel and/or his post-FDA domestic residence.
In appropriate circumstances (e.g., size of pilot’s traveling party, excess luggage, distance traveled, etc.) and on a case-by-case/non-precedential basis, the Company may reimburse ground transportation expenses in excess of $600. Requests for such reimbursements shall not be unreasonably denied.
D.FDA Transition Procedures
1.Entry Transition to an FDA Crew Position from a Non-FDA Crew Position
a.A pilot who, at the beginning of his assignment to the FDA, elects to relocate his permanent, primary residence to the FDA rather than commute shall be subject to the following:
i.Upon activation in an FDA crew position, the Company shall create a 21 consecutive day “relocation footprint” during which no flight activities will be assigned.
ii.During his relocation footprint, the pilot shall relocate his permanent, primary residence to the FDA and shall complete the required immigration, visa, work/residence permit paperwork necessary for the pilot to live and work in the FDA.
iii.The pilot shall be positioned in the FDA, with all immigration, visa, and work/residence permit paperwork complete, and available for flight assignments no later than the 22nd day after the pilot’s activation in the FDA crew position.
iv.The pilot may elect not to utilize the entire relocation footprint in the event that he has obtained all the necessary work/residence permits prior to the end of his relocation footprint.
b.A pilot who elects to commute to the FDA rather than relocate his permanent, primary residence to the FDA shall request and coordinate with his Fleet Captain any schedule adjustments that involve dropping activities without pay to facilitate his transition to the FDA.
c.Every new FDA pilot may be required to operate theatre familiarization flights, which shall be scheduled to occur as soon as operationally feasible after his arrival in the FDA (subject to the relocation footprint above).
2.p.625 Exit Transition from an FDA Crew Position to a Non-FDA Crew Position
a.Beginning no earlier than 120 days prior to an EMEA FDA pilot’s anticipated departure date and upon written request by the pilot, the Company shall provide local assistance on the following: sending lease cancellation notice, accompanied property walkthrough, documentation of property condition, negotiation of any “dilapidations,” recovery of security deposit, mail forwarding, bank account closings, utilities closings, local residency registration (notice of departure).
Such assistance is not currently necessary in Hong Kong. In the event the parties agree that such assistance has become necessary in Hong Kong, the parties agree to revisit this issue.
b.Hotel Use During Exit Transition
Following the earlier of the date the pilot vacates his permanent, primary residence in the FDA or the end of his housing allowance, as provided in Paragraph C.2.d.vi., and prior to his activation in his next crew position, an exiting FDA pilot may elect to stay in a hotel for up to 15 nights in either:
i.a location within 100 nm of the FDA base airport;
ii.the location of the pilot’s pre- or post-FDA domestic residence; and/or
iii.the pilot’s new base, if he is relocating his permanent, primary residence to his new base.
The Company shall reimburse the pilot up to the contract hotel rate for such location, but in no event shall the Company reimburse the pilot more than $250/night. An exiting FDA pilot may receive the “full” or 30 day pro-rated housing allowance (as provided in Paragraph C.2.d.vi. of this LOA) and reimbursement of hotel expenses under this paragraph at the same time. An exiting FDA pilot may also receive the “transition allowance” as provided in Paragraph D.2.c. of this LOA and reimbursement of hotel expenses under this paragraph at the same time.
c.Early Exit Option
Prior to an FDA pilot’s ITU training start date or his base transfer date, the pilot may elect to exercise an “Early Exit” option as follows:
i.At a time jointly selected by the pilot and his Fleet Captain, the Company shall designate a 7 consecutive day “transition footprint” during which no flight activities will be assigned. To the extent that conflicts with the transition footprint exist, activities removed shall be pay protected. A pilot awarded a secondary line shall have 42 CH credited towards the pilot’s BLG. The pilot’s transition from the FDA must take place during the p.626 remaining bid periods prior to his ITU training start date or his base transfer date. The pilot shall use this transition footprint to relocate his permanent, primary residence from the FDA.
ii.The Company shall provide the pilot with 2 monthly “transition allowance” payments, which payments shall be equal to one-half (½) of the pilot’s FDA’s monthly housing allowance (i.e., a total of 1 month of the pilot’s FDA’s monthly housing allowance). A pilot may not receive the transition allowance and the housing allowance (full or pro-rated) in the same month, nor may the pilot receive the transition allowance after the month in which he activates in his new crew position.
iii.If the pilot withdraws from ITU training for his new crew position and returns to his FDA crew position, he shall reimburse the transition allowance.
iv.The Company shall assume responsibility for lease termination fees (up to 2 months of rental/lease payments, but not more than 2 months of housing allowance payments) incurred by the pilot as a result of his transition from the FDA; provided, however, that the pilot has taken reasonable steps to minimize such early lease termination fees (e.g., bidding for an ITU training date/slot or base transfer date so as to minimize lease termination fees, etc.).
d.An FDA pilot transitioning to a non-FDA crew position who does not elect the “Early Exit Option” shall be entitled to “relocation days off” following his activation date in his new crew position in accordance with the provisions of Section 6.F. of the basic Agreement.
3.Transition Between FDA Crew Positions
A pilot who is transitioning between FDA crew positions in different geographic locations shall be subject to all the provisions in Paragraph D.1. and D.2. of this LOA, except for Paragraph D.2.d. A pilot who is transitioning between FDA crew positions in the same FDA (e.g., an upgrade from 30FH to 30CH) shall not be subject to any of the provisions of Paragraph D. of this LOA. A pilot who is transitioning between crew positions in different FDAs but in the same geographic location shall be subject to the provisions of Paragraph O. of this LOA.
E.Tax Equalization Services
1.An FDA pilot who relocates his permanent, primary residence to the FDA and receives the FDA housing allowance is required to use the tax equalization procedures and tax return filing services (US Federal, State, and foreign) offered by the Company through its tax equalization vendor.
a.p.627 The purpose of tax equalization is to ensure that a pilot bears approximately the same US tax burden as he would pay if he were assigned to a domestic base rather than the FDA.
b.To facilitate accurate tax computations and reporting, pilots will be required to provide all necessary tax information to the appointed tax provider. A pilot’s persistent failure to maintain timely contact and completion of required documentation pertaining to the tax equalization program may result in suspension of the pilot’s FDA housing allowance pursuant to the provisions of Paragraph C.2.d.v. of this LOA.
2.A pilot eligible for tax equalization services shall be entitled to any accrued tax benefits based on the enrollment of dependent children in private schools located in the country in which the FDA is centered (e.g., German tax deduction for children enrolled in private schools). Any taxes based on personal or religious choices (e.g., church tax, pet tax) are not covered by the tax equalization program and are the responsibility of the pilot.
3.If a pilot is not entitled to tax equalization services and his situation results in a foreign tax filing obligation in the country where the FDA airport is located, the Company shall provide foreign tax filing services through its tax equalization vendor.
4.In order to facilitate tax compliance in the country where the pilot’s permanent, primary residence is located, and consistent with Section 26.N.2. of the basic Agreement, FDA pilots shall update their permanent, primary residence address in the applicable Company computer system as necessary.
F.FDA Re-Mail Program
1.On a weekly basis, the Company shall forward a pilot’s first class mail received at the Company’s Memphis hub to the pilot’s permanent, primary residence in the country containing the airport in which the FDA base is centered.
2.A HKG FDA pilot residing in the HKG Special Administrative Region (“HKG SAR”) may elect to receive such mail at the designated HKG FedEx facility (currently located at 63 Mody Road, Tsim Sha Tsui East, Hong Kong) instead of his permanent, primary residence in the HKG SAR. A HKG FDA pilot who does not reside in the HKG SAR will receive such mail at the Company’s Guangzhou, China (CAN) hub.
3.For purposes of this provision, “first class mail” shall include, but not be limited to, personal correspondence mail and cards, credit card statements, bills, tax returns and notifications, mail order prescriptions, and documents issued by state and/or federal governments, that could otherwise be sent directly to the pilot at his permanent, primary residence address in the FDA pursuant to local governmental regulations.
4.p.628 In the event the Company provided health plan allows mail order prescriptions to be delivered directly to the pilot’s permanent, primary residence in the FDA, mail order prescriptions shall not be forwarded to the pilot pursuant to the re-mail program.
5.To the extent practicable, pilots assigned to FDAs must minimize the need for first class mail to be forwarded to them pursuant to the re-mail program by, for example, updating their address for first class mail to their permanent, primary residence address in the FDA.
6.In the event that a pilot will be absent from the FDA location for an extended period of time and elects to temporarily suspend the re-mail service during his absence, upon his return, the pilot must collect his mail from the designated FedEx facility and notify the Flight Operations Administrator for the FDA of his desire to restart the re-mail service.
G.Education Expense Reimbursement
1.The Company shall reimburse documented educational expenses for an FDA-based pilot’s child(ren) between the ages of 3 and 19, which are incurred in the location of the FDA (including but not limited to reservation fees, application fees, tuition, capital expenses, books and supplies, school provided transportation, deposits, technology fees, uniform fees and other expenses related to the child(ren)’s education), up to $15,000 per family per school year.
2.Education Conflicts with ITU Training or Base Transfers
The following applies to a pilot, who has completed his applicable commitment period, and who desires to minimize conflicts between ITU training or base transfers and their dependents’ enrollment in school in the FDA location.
a.During the ITU and base transfer bidding processes, an FDA pilot shall have the ability to designate his request to defer an ITU training date or base transfer date to which the pilot would have otherwise been assigned. The pilot shall have the ability to designate a preferred exit date. For FDA pilots based in an FDA centered in a European Union (“EU”) country, the preferred exit date shall comply with the time limit in Paragraph N.1. of this LOA.
b.The granting of a deferral request shall not result in an SDP or Inverse SDP for any pilot. If granted, the pilot shall then be assigned to start training for his awarded/assigned crew position within 60 days of his preferred exit date. The pilot shall be given at least 60 days’ notice of his assigned ITU training start date or his base transfer activation date (as applicable).
c.If the FDA pilot’s request is denied and the pilot is assigned to a ITU training date or base transfer date that conflicts with the pilot’s dependent’s enrollment in school in the FDA location, the Company p.629 shall reimburse the pilot for any educational expenses that the pilot is responsible for beyond the pilot’s activation date; provided however, that the pilot has taken reasonable steps to mitigate the need for the Company to reimburse the educational expenses.
d.This paragraph shall not apply to an FDA pilot transitioning between crew positions in the same FDA or an FDA pilot subject to Paragraphs N., O., and P. of this LOA.
H.Special Temporary Vacancies for FDAs
The following rules shall apply to Special Temporary Vacancies (STVs) in the FDA. STVs shall only be available for the first two years after each FDA opens. Thereafter, if the Company advises the Association in writing of its intent to close the FDA, the STV rules contained in this paragraph shall once again become available in the FDA that is closing, when the Company is regularly operating fewer than 50% of the aircraft which it regularly operated in that base at the time of the notification of its intent to close. The use of STVs in conjunction with a base closure is limited to 540 days from the Company’s first use of the STV application rule in that context.
1.STV awards shall have a duration between one and three bid periods.
2.STV awards shall begin and end concurrent with a bid period.
3.A STV posting shall specify the crew position(s) from which bids will be accepted and, if applicable, the number of bids which will be awarded at each domicile from which bids are accepted.
4.A pilot shall be entitled to one business class ticket positioning him to the STV location at the beginning of his assignment and back to his permanent base at the conclusion of his assignment. The Company shall also provide a pilot’s dependents with one round-trip coach class ticket from the pilot’s permanent, primary residence to the FDA location during the assignment.
5.The pilot shall be entitled to per diem for the duration of his STV assignment, when the pilot is not otherwise being paid per diem (e.g., on a trip). This shall be accomplished by the submission of a pay log unless pay automation eliminates the necessity for a pay log.
6.The pilot shall be entitled to Company paid lodging in accommodations of quality similar to that of the local contract hotels.
I.Pilots Relocating from SFS to the EMEA or HKG FDAs
Provided he otherwise qualifies, a pilot formerly assigned to the SFS FDA may elect to take his FDA move back provided in Section 6.E.2.b. of the basic Agreement, prior to his activation into the FDA. Once moved back to the United States, a pilot who selects the “Enhanced Option” may take advantage of the household goods storage provided in Paragraph C.2.c. of this LOA.
J.p.630 Pilots Relocating from ANC to the EMEA or HKG FDAs
For an ANC pilot who is entitled to a “return move” relocation package from ANC, the pilots may elect to be treated in the same fashion (except that their base is in ANC and not SFS) as the SFS pilots in Paragraph I. of this LOA.
K.Deadhead by Surface Transportation in the EMEA and HKG FDAs
1.Trains
a.Pilots may be scheduled to deadhead on trains in FDAs to the same extent as airplanes or ground transportation provided that, measured from scheduled departure time to scheduled arrival, trains may only be used on a scheduled basis for deadheads of less than 4 hours, with the following limitations:
i.Train travel shall only be scheduled between the following city pairs:
(a)CGN-FRA;
(b)CGN-CDG;
(c)CDG-FRA; and
(d)CAN-HKG.
ii.Trains must have a minimum two class configuration, and the Company shall book the highest class of service that is readily accessible to the public (unless otherwise authorized by the SIG).
iii.Train travel shall not be scheduled to occur between the hours of 0200-0459 LBT.
b.Trains may be used in FDAs pursuant to Section 8.A.3.c. of the basic Agreement to the same extent as other modes of transportation mentioned therein, not to exceed 7 hours measured from scheduled departure time to scheduled arrival. Such train travel shall be booked in the highest class of service that is readily accessible to the public. If the train lacks the minimum two class configuration or a higher class is not available, train travel may be used only less than 4 hours, measured from scheduled departure time to scheduled arrival, unless waived by the pilot.
c.Train deadheads shall create a deviation bank in the same manner as airline tickets. In no event shall the deviation bank credit for such train deadheads be less than $150 per deadhead.
d.Train deadheads shall include a one-hour showtime prior to scheduled departure, which shall not count toward the hour limit set forth in Paragraph K.1.a. and b. of this LOA.
e.A pilot scheduled to deadhead by train shall receive pay and credit as if the pilot had traveled by air.
f.p.631 If any FDA trip includes scheduled train travel, a pilot who operates the trip on a scheduled basis shall be able to expense up to $40.00 for each occurrence for surface transportation costs in order to position to and/or from the train station (i.e., at the beginning and/or end of a scheduled trip).
2.Deadhead by Surface Transportation Other Than Train
a.With respect to ground transportation between HKG-CAN and CGN-FRA, Section 8.B.1.b. of the basic Agreement is waived.
b.With respect to ground transportation in the HKG bid period package(s) between HKG-CAN, the following additional limitations apply:
i.Pick-ups for scheduled ground transportation deadheads must be prior to 2000 LBT.
ii.There will be no ground transportation scheduled in the bid period package that occurs between the hours of 2331 to 0459 LBT.
c.With respect to ground transportation between HKG-CAN, deadheads by surface transportation other than a train shall create a deviation bank in the same manner as airline tickets. In no event shall the deviation bank credit for such surface transportation deadheads be less than $200 per deadhead.
L.Reimbursement of Ground Transportation Expenses in Lieu of Airport Parking (EMEA FDA Only)
A pilot activated in an EMEA FDA crew position shall have the ability to expense up to $40/trip for ground transportation expenses (e.g., public train/ subway/bus/taxi) to/from CGN in lieu of airport parking in accordance with Section 5.F. of the basic Agreement. Reimbursement shall be limited to the pilot’s actual cost (receipt(s) required) of ground transportation to/from the FDA base airport in conjunction with a trip.
M.Scheduling Provisions for the EMEA and HKG FDAs
1.Reserve pilots shall have a report status of R-3 for the HKG FDA or future CDG FDA, and R-2 for the CGN FDA.
2.There shall be no co-terminals associated with the HKG or CGN FDAs.
3.In accordance with Section 25.A.2. of the basic Agreement, the CGN FDA local base day shall begin at 0215 LBT.
4.Training conducted outside of 100 nm of the HKG Special Administrative Region (“HKG SAR”) shall be considered and treated as off-site training in accordance with Section 11.E.1.g. of the basic Agreement. If a pilot is assigned to a training event in Zhuhai, China, the pilot may expense the reasonable and customary cost of transportation between HKG and the training location in Zhuhai, as well as hotel accommodations p.632 at the contract hotel in Zhuhai. The number of nights shall be at least equal to the number of day(s) of training.
5.FDA trips shall begin and end at the airport upon which the FDA is centered (i.e., the FDA base airport).
6.The Company shall not schedule, in the HKG FDA bid period package(s), surface transportation deadheads between HKG-CAN that precede flight deck duty in the same duty period unless:
a.a day room is provided between the deadhead portion of the duty period and the flight deck duty portion of the duty period; or
b.the revenue departure is scheduled to occur between 1000 and 2000 LBT.
7.No more than 50% of trips in the HKG bid period package shall have front-end surface transportation deadheads to CAN (unless otherwise authorized by the SIG).
N.Maximum Duration of Assignment to an FDA in a European Union Country and Subsequent Bidding Limitations
1.The maximum duration of assignment to an FDA centered in a European Union (“EU”) country shall be 4 years, 11 months as measured from the earlier of the pilot’s activation date in his FDA crew position or his registration with local immigration authorities.
2.A pilot who has been stationed in an FDA centered in an EU country for 4 years shall have the ability to be awarded a crew position in another geographic location without a System Bid as follows:
a.The pilot shall notify his Fleet Captain (or his designee) in writing of the election under this paragraph at least 90 days prior to the pilot’s 48th month in his FDA crew position, as measured from the earlier of the pilot’s activation date in his FDA crew position or his registration with local immigration authorities. The pilot’s notice shall include:
i.The selection by the pilot of a crew position in a different geographic location in which he would not be the junior awarded/ assigned pilot in that crew position.
ii.The pilot’s preferred exit date (i.e., the date upon which the pilot desires to start ITU training for or base transfer to his selected crew position), which shall be no earlier than 4 years and no later than 4 years and 11 months following the earlier of the pilot’s activation date in his FDA crew position or his registration with local immigration authorities. The Company shall assign the pilot to an ITU training start date or a base transfer activation date (subject to the applicable contractual provisions concerning the timing of base transfers, e.g., Section p.633 25.C.6.), which shall not be less than 90 days from the date of the pilot’s election.
iii.The Company shall provide the pilot with a minimum of 60 days’ notice of his assigned ITU training start or base transfer activation date, which date shall be no earlier than the pilot’s preferred exit date and no later than 21 days after the pilot’s preferred exit date.
b.If the pilot does not make this election, the Company shall assign the pilot to a crew position in a different geographic location in which he would not be the junior awarded/assigned pilot in that crew position. This shall occur at 4 years and 3 months following the earlier of the pilot’s activation date in his FDA crew position or his registration with local immigration authorities. A pilot assigned to another crew position pursuant to this subparagraph may be assigned an ITU training start date or a base transfer activation date (subject to the applicable contractual provisions concerning the timing of base transfers, e.g., Section 25.C.6.) consistent with Company staffing requirements. The Company shall provide the pilot with a minimum of 60 days’ notice prior to the ITU training start date or base transfer activation date.
c.The exercise of this paragraph shall not be considered an assignment pursuant to Section 24.C.2. A pilot assigned to an ITU training date/slot pursuant to this paragraph shall not generate an SDP or an inverse SDP for any pilot.
3.After a pilot leaves an FDA centered in an EU country, he may not be activated in that crew base for at least one year after the last day of his previous assignment, provided that he activates in another crew position based outside of the country in which the FDA is centered and he establishes a permanent, primary residence outside of the country in which the FDA is centered. This limitation shall not apply if the subsequent crew base at which the pilot is stationed is centered in a country in which the pilot has never been based as a FedEx Express employee.
4.If the Company establishes a new FDA in an EU country that requires a maximum duration different than the limit specified above, the Company shall publish that limit as provided in Paragraph B.1. of this LOA. All other provisions of this paragraph shall apply to such FDA.
O.Crew Position Changes to Different FDAs in the Same Geographic Location
If the Company opens multiple FDAs in the same geographic location (e.g., MD-11 HKG; A300 HKG), the following shall apply to pilots who activate into a different FDA within the same geographic location (e.g., an MD-11 F/O HKG upgrades to an A300 CA HKG).
1.p.634 The following shall apply to pilots who chose the Enhanced Option as part of their original award:
a.Such pilots shall be eligible for the benefits described in Paragraph C.2.a. (Seed Money) and C.2.b. (Four Year Service Credit) of this LOA, treating their new award as a completely separate award to an FDA in the EMEA or HKG.
b.A pilot’s activation into a different FDA in the same geographic location as his current FDA award restarts that pilot’s service commitment under Paragraph C. of this LOA (i.e., the pilot’s service in his prior FDA does not “count” toward his service commitment in the new FDA).
c.The benefits described in Paragraph C.2.c. (Storage), C.2.d. (Housing Allowance), C.2.e. (Tax Equalization), C.2.f. (Airline Tickets), and C.2.h. (Household Goods Shipments) of this LOA shall be administered as if the pilot had not changed FDAs, but rather had been on one continuous assignment in the same FDA.
d.If a pilot’s crew position changes to a different FDA in the same geographic location and the pilot has not completed his original commitment period, the pilot shall not be eligible to receive the seed money otherwise provided by Paragraph O.1.a. of this LOA.
2.Pilots who chose the Existing CBA Option as part of their original award shall continue to receive tax equalization benefits provided by Paragraph E. of this LOA.
P.FDA Exit in Lieu of Normal System Bid Award
A pilot activated in a crew position in an FDA without a maximum service limit as described in Paragraph N. of this LOA shall have the ability to select a new non-FDA crew position award without a System Bid award/assignment as follows:
1.The pilot shall notify his Fleet Captain (or his designee) in writing of the election under this paragraph, which shall include:
a.The selection by the pilot of a non-FDA crew position in which he would not be the junior awarded/assigned pilot in that crew position; and
b.The pilot’s preferred exit date (i.e., the date upon which the pilot desires to start ITU training for or base transfer to his desired crew position), which shall not be less than 6 months from the date of the notice. The preferred exit date must be after the completion of the pilot’s commitment period, plus 12 months.
2.The Company shall notify the pilot if it requires a replacement pilot and shall conduct a System Bid within 30 days of the pilot’s notice in accordance with Section 24 of the basic Agreement.
3.p.635 In the event the FDA vacancy is filled or a replacement pilot was not required, the Company shall provide the pilot with a minimum of 60 days’ notice of his assigned ITU training start or base transfer activation date, and such date must be within 75 days of the pilot’s preferred exit date.
4.In the event that the posted vacancy is not filled, the Company may conduct another System Bid within 30 days of the closing of first System Bid.
a.If the vacancy is filled or if the Company elects not to conduct a second System Bid, the Company shall provide the pilot with a minimum of 60 days’ notice of his assigned ITU training or base transfer date, and such date must be within 75 days of the pilot’s preferred exit date.
b.If the Company conducts a second System Bid and the vacancy is not filled for a second time, the Company shall provide the pilot with a minimum of 60 days’ notice of his assigned ITU training or base transfer date, and such date must be no later than 180 days beyond the preferred exit date.
5.Pilots employing this paragraph shall be restricted from participating in System Bids until the pilot is transferred to his selected crew position or begins ITU training for his selected crew position, unless waived by the Vice President of Flight Operations.
6.The exercise of this paragraph shall not be considered an assignment pursuant to Section 24.C.2. A pilot assigned to an ITU training date/ slot pursuant to this paragraph shall not generate an SDP or an inverse SDP for any pilot.
Q.Unexpected Unavailability In FDA
1.If an FDA pilot becomes unavailable for line flying (e.g., due to long-term sick leave, loss of medical, LTD, leave of absence, etc.) and the absence is expected to last longer than one year, the affected pilot may request that he and his dependents be returned from his FDA to his pre-FDA residence without penalty, pursuant to Paragraph C.2.f.i.(b). (Airline Tickets) and Paragraph C.2.h.ii. (Return Household Goods Shipment), Paragraph C.2.q.ii. (Reimbursement for Ground Transportation Expenses), and Paragraph D.2.a. and b. (Exit Transition Procedures). Such requests shall not be unreasonably denied.
If the pilot does not make such a request, he shall be eligible to continue receiving the FDA housing allowance, provided that he maintains his permanent, primary residence in the FDA during the period of his unavailability.
2.If no request is made by the pilot after one year or more of absence, his circumstances shall be reviewed to determine if he is expected to be available to return to active flying within two years from the date of his p.636 first absence. In the event the decision is that the pilot will not be able to return to active flying during the 2 year period, the pilot will be given the option to either return to his pre-FDA residence without penalty or lose his FDA housing allowance for the period of his continued unavailability.
3.Regardless of which of these options the pilot elects, he may also request to be released from his FDA crew position and assigned (as that term is defined in Section 24) to another crew position in accordance with Paragraph B.4.d. of this LOA. Such requests shall not be unreasonably denied and shall be granted on a non-precedential basis.
4.In no event, however, shall the Company be obligated to provide more than a cumulative total of 26 months of housing allowance continuation pursuant to Paragraph Q. (this paragraph) during an assignment to an FDA.
5.If the pilot’s unavailability for line flying is the result of a medical condition, the Company may direct the pilot to be evaluated by the Company’s aeromedical advisor, in accordance with Section 15.D., but only to determine the expected duration of the pilot’s unavailability. Referrals to the Company’s aeromedical advisor pursuant to this paragraph shall not be considered a violation of Section 15.D.1. of the basic Agreement.
R.Line of Credit Facilitation
The Company shall negotiate with a reputable local bank in the city in which the FDA is centered in an attempt to reduce or eliminate any minimum deposit requirements such bank may require to open a local bank account. The purpose of this provision is to attempt to provide at least one bank in each FDA where minimum deposits, beyond those customarily found in U.S. banks, are either not required, or at least minimized.
S.Timing of Recurrent Training Pay/Adjustments For FDA Assigned Pilots
If an FDA pilot’s recurrent training award creates a phase-in conflict under the terms of the basic Agreement, the pay deduction for the trip(s) and/or R-day(s) dropped shall be delayed by one month from the standard schedule for phase-in conflict deductions.
T.Recurrent and ITU Training Deviation Travel
Notwithstanding the provisions of Sections 8.C.2.a. and 8.C.4.e. of the basic Agreement to the contrary:
1.For a pilot activated in a HKG or EMEA FDA crew position, the pilot shall have a separate deviation bank established for the value of any scheduled deadhead travel to recurrent or ITU training in Memphis or another location within the contiguous 48 states, should such location be used for recurrent or ITU training.
2.p.637 The pilot may expand the current 3 day window in Section 8.C.4.e. in the manner below, during which the pilot may use the recurrent or ITU training deviation bank (“expanded window”).
a.The expanded window shall begin at the end of the last scheduled activity prior to training and end at the beginning of the first scheduled activity following training.
b.A “scheduled activity” ends at the conclusion of the last duty period for a trip, the conclusion or release from a standby period, or upon release from, or at the conclusion of, a reserve period.
c.A “scheduled activity” starts at the showtime of the first duty period for a trip, the showtime for an airport standby period, or the beginning of the notification window for a reserve period.
d.For the purposes of this paragraph, a substitution window is a “scheduled activity.”
3.A pilot may create an expanded window through any, or all, of the following means:
a.Monthly bid awards for the recurrent or ITU training month, as well as those months prior to and following recurrent or ITU training;
b.Provisions of Section 25.L. (e.g., dropping a trip(s) or R-day(s), or trading with open time or another pilot); and/or
c.The use of scheduled vacation, including permissible vacation adjustments (e.g., exchange, trade, slide, expansion, or extension).
4.During the expanded window, the delay en-route limits identified in Section 8.C.4.e. are waived, except as provided below.
5.Two series of flights for each deviation from a scheduled front- or back-end deadhead shall be allowable/reimbursable air travel deviation expenses from the separate recurrent or ITU training deviation bank.
a.A series of flights is continuous air travel that is not interrupted by a layover of more than 24 hours, and may begin or end with jumpseat travel on Company aircraft.
b.Front-end Deviation(s)
i.The first series of flights must begin at an airport in the FDA theatre of operations that is served by Company trunk aircraft or at a commercial passenger airport within 100 nm of the FDA base airport and end at a location in:
(a)The contiguous 48 United States; or
(b)Another location if pre-approved, in writing (e-mail is sufficient), by the pilot’s Fleet Captain (or his designee).
ii.The second series of flights must begin at one of the locations described by Paragraph T.5.b.i.(a) or (b) of this LOA, and end at the location of the pilot’s recurrent or ITU training. The p.638 second series of flights is not required to begin at the same location in which the first series of flights ended.
c.Back-end Deviation(s)
i.The first series of flights must begin at the location of the pilot’s recurrent or ITU training and end at a location described by Paragraph T.5.b.i.(a) or (b) of this LOA.
ii.The second series of flights must begin at a location described by Paragraph T.5.b.i.(a) or (b) of this LOA, and end at an airport in the FDA theatre of operations that is served by Company trunk aircraft or at a commercial passenger airport within 100 nm of the FDA base airport. The second series of flights is not required to begin at the same location in which the first series of flights ended.
For purposes of this Paragraph T. of this LOA only, the phrase “FDA theatre of operations” refers to the sum of the lane segments typically operated as part of the EMEA network (for the EMEA FDA) or the APAC network (for the HKG FDA). The phrase “FDA theatre of operations” does not refer to the “European theater” in Section 12.D.1.c.ii. of the basic Agreement.
U.Deferral of Obligation to “Protect” New Hire Junior Activation Compensation
If an FDA pilot is entitled to New Hire Junior Activation Compensation (Section 24.F.7.) and would otherwise be required to bid to a crew position in a different geographic location in order to “protect” his entitlement, the pilot may defer his obligation to protect his entitlement by electing to remain in his current FDA crew position:
1.until he is required to be awarded or assigned (as those terms are defined in Section 24) to a new crew position pursuant to Paragraph N. of this LOA (for EMEA FDA pilots); or
2.for at least an additional 2 years beyond the pilot’s commitment period (for HKG FDA pilots), at which time his New Hire Junior Activation Compensation repayment obligations, if any, shall be determined in accordance with Section 24.F.8. of the basic Agreement.
V.Local Telephone Access to Contact the Company
The Company agrees to provide “local” and/or “toll-free” telephone access for FDA pilots to contact the Company for business or operational purposes only (e.g., operational check-in(s) with CRS; contact Global Travel, Crew Audit, Training, Fleet Captain/Manager, Pilot Administration Center, etc.). Information concerning this telephone access and its use shall be posted on the FDA page of pilot.fedex.com.
W.p.639 Language Lessons
The Berlitz online language courses taught through the Berlitz Virtual Classroom (BVC) will continue to be eligible through the Tuition Assistance program provided the approved courses are paid for and receipts issued in US dollars (and subject to the overriding provisions of Section 26.I.)
X.Ongoing Implementation Measures
The parties recognize that the details involved in opening and operating foreign pilot bases are varied and fluid. Other measures facilitating the operation of the pilot bases in the EMEA and in HKG and supporting the pilots based there may be implemented if agreed upon in writing by the Vice President, Labor Relations Law and the Association’s MEC Chairman.
Y.Effective Date and Duration
This LOA is effective on the date signed and shall remain in full force and effect concurrent with the basic Agreement.
p.640 IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 2nd day of November, 2015.
Implementation of a Secondary Line Replacement System LOA (2015)
p.645 LETTER OF AGREEMENT
between
FEDERAL EXPRESS CORPORATION
and
THE AIR LINE PILOTS
in the service of
FEDERAL EXPRESS CORPORATION
as represented by
THE AIR LINE PILOTS ASSOCIATION, INTERNATIONAL
IMPLEMENTATION OF A SECONDARY LINE REPLACEMENT SYSTEM
This Letter of Agreement (hereinafter “LOA”) is made and entered into by and between FEDERAL EXPRESS CORPORATION (hereinafter referred to as the “Company”) and the pilots in the service of FEDERAL EXPRESS CORPORA- TION, as represented by the AIR LINE PILOTS ASSOCIATION, INTERNA- TIONAL (hereinafter referred to as the “Association”).
WHEREAS, the Company and the Association are parties to a collective bargaining agreement setting forth the rates of pay, rules, and working conditions for the Company’s pilots (hereinafter referred to as the “basic Agreement”), effective on November 2, 2015; and
WHEREAS, the parties have agreed to replace the automation used to construct secondary lines with new automation (hereinafter referred to as the “Secondary Line Replacement”); and
WHEREAS, the SIG and the Company agree to work jointly (e.g., review of vendor requirement documents, and participation in vendor meetings and acceptance testing) to upgrade the current Secondary Line Generator automation prior to the Secondary Line Replacement described above; and
WHEREAS, the parties believe it is in their mutual best interest to establish a Secondary Line Replacement (SLR) Working Group (SLRWG) to develop the processes and procedures necessary to implement the SLR in a timely and efficient manner; and
WHEREAS, the parties also believe the SLRWG can provide oversight of the implementation of the SLR to ensure that it is developed in compliance with applicable provisions of the basic Agreement, while also taking into account the parties’ mutual interest in appropriate fatigue risk management, enhancing pilots’ quality of life, efficient monthly schedule construction, operational integrity, and system reliability; and p.646 WHEREAS, the parties desire to memorialize their agreements and understandings concerning the scope of the SLRWG’s duties and responsibilities during and after the Development and Implementation Periods (as defined below);
NOW, THEREFORE, the parties agree as follows:
A.Secondary Line Replacement Working Group
1.The parties shall create a SLRWG, which shall be comprised of the Company SIG representatives (or their designees), the Association SIG representatives (or their designees), and 2 additional representatives designated by the Company and 2 additional representatives designated by the Association. Additional Company and/or Association representatives may be designated by the parties as determined necessary by the agreement of the SLRWG. During the Implementation Period, SLRWG meetings shall consist of 4 members (2 representatives designated by the Company and 2 representatives designated by the Association).
2.The Company shall designate a Secondary Line Administrator, who shall be an ex officio member of the SLRWG. Subordinates of the Secondary Line Administrator may also attend SLRWG meetings if their presence is deemed appropriate by the Secondary Line Administrator.
3.A representative of the SLR automation vendor shall be an ex officio member of the SLRWG.
4.The SLRWG will meet as required during the Development Period. During the Implementation Period, the SLRWG shall meet as it determines is necessary, but not less than monthly. During the Implementation Period, SLRWG meetings shall consist of 4 members (2 representatives designated by the Company and 2 representatives designated by the Association). Thereafter, the duties of the SLRWG shall be transitioned to the SIG.
5.Removal and compensation for the Association representatives on the SLRWG shall be handled as follows:
a.Association representatives on the SLRWG shall be removed from flying as provided in Section 25.BB.H.1.b.
b.The Association representatives on the SLRWG shall be compensated by the Company 6 CHs for each day that they participate in SLRWG activities.
B.Duties of the SLR Working Group
The SLRWG shall be responsible for the development, implementation, and initial oversight and administration of the SLR as set forth in this LOA.
1.During the Development Period, the SLRWG shall (in no particular order):
a.p.647 Evaluate potential SLR automation vendors and make recommendations to the Company regarding the selection of the SLR automation vendor;
b.Determine the business requirements for the SLR automation, in conjunction with the SLR automation vendor, which shall include such requirements as pilot interface, secondary line construction logic, secondary line construction parameters, reasons reporting/ preferences analysis requirements, hardware/software requirements, database specifications, etc.;
c.Establish system acceptance and testing criteria, including beta, end-user, and parallel testing and validation;
d.Develop the processes and procedures for identifying and resolving unforeseen or unanticipated secondary line construction anomalies and errors;
e.Design appropriate methods and means for training pilots in the use of the SLR (e.g., “train the trainer,” CBT modules, recurrent training curriculum, self-study, etc.), including recommendations concerning the timing and content of training provided to pilots by the Company;
f.Determine the processes and procedures for final acceptance of and transition to the SLR; and
g.Publish an initial SLR User Guide, which shall incorporate a complete description of the SLR operating system, including every schedule construction parameter, rule and procedure used in the operation of the SLR award logic.
2.During the Implementation Period, the SLRWG shall (in no particular order):
a.Monitor secondary line construction;
b.Audit and verify the accuracy of secondary line construction results, including the resolution of unforeseen or unanticipated bidding anomalies and errors;
c.Oversee the secondary line construction error resolution process;
d.Review, modify, and update, as needed, training materials concerning the use of the SLR;
e.Review, modify, and update, as needed, the SLR User Guide; and
f.Recommend desirable system enhancements, including evaluation of new/replacement hardware, software, and/or vendor(s) to support such enhancements.
3.p.648 In carrying out these responsibilities, the SLRWG shall strive to reach consensus on all decisions, determinations, and recommendations while also taking into account the parties’ mutual interest in appropriate fatigue risk management, enhancing pilots’ quality of life, efficient monthly schedule construction, operational integrity, and system reliability.
4.If the SLRWG is unable to reach consensus, the SLRWG shall meet with the System Chief Pilot (or his designee), who shall use his best efforts to broker a consensus among the members of the SLRWG. In the event consensus cannot then be reached, the matter will be referred to the Vice President, Flight Operations, who shall make a recommendation to the SLRWG, taking into account the views and opinions of all the members of the SLRWG on the appropriate resolution of the issue. If the Association representatives on the SLRWG disagree with the recommendation, the Association may appeal the matter to the Senior Vice President, Flight Operations who will render a final decision after meeting with the Association’s MEC Chairman or his designee.
C.SLR Vendor Selection
The Company shall select an SLR automation vendor, based on the recommendations from the SLRWG. Once an SLR automation vendor is selected, the Company shall not change the SLR automation vendor without the consent of the Association.
D.Development and Implementation Periods
The Development Period shall commence upon implementation of the Company’s upgrade to its current Secondary Line Generator automation and shall continue until no later than 3 months after the final acceptance of and transition to the SLR. The Implementation Period shall commence upon the final acceptance of and transition to the SLR and shall continue for 12 months thereafter.
Otherwise, the development and implementation timeline and procedures necessary to comply with the provisions of this LOA shall be established by agreement of the SLRWG.
E.Final Acceptance and Transition
The MEC Chairman and the Vice President of Flight Operations must meet and agree on the final acceptance of the SLR prior to its implementation. In the absence of agreement, the SLR shall not be implemented.
F.On-Going Implementation Measures
The parties recognize that the issues associated with the implementation and subsequent operation of the SLR are varied and fluid. Other measures facilitating the implementation and subsequent operation of the SLR may be implemented if agreed upon in writing by the Vice President, Labor Relations Law and the Association’s MEC Chairman.
G.p.649 Effective Date and Duration
This LOA is effective on the date signed and shall remain in full force and effect concurrent with the Basic Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 2nd day of November, 2015.
Introduction of Boeing 767F Aircraft LOA (2013)
FOQA LOA (2011)
Iraq and Afghanistan Flying LOA (2011)
p.665 LETTER OF AGREEMENT
between
FEDERAL EXPRESS CORPORATION
and
THE AIR LINE PILOTS
in the service of
FEDERAL EXPRESS CORPORATION
as represented by
THE AIR LINE PILOTS ASSOCIATION, INTERNATIONAL
IRAQ AND AFGHANISTAN FLYING
This Letter of Agreement is made and entered into in accordance with the provisions of Title II of the Railway Labor Act, as amended, by and between Federal Express Corporation and the pilots in the service of Federal Express Corporation, as represented by the Air Line Pilots Association, International (Association or ALPA).
Whereas, the parties have agreed that due to the increased threat levels associated with flying into and/or out of Iraq and Afghanistan it is desirable to offer additional protections and pay for pilots conducting those flights
Now, Therefore, the parties agree as follows:
A.Additional Pay and Benefits for Flying into Iraq and Afghanistan
1.Iraq/Afghanistan Premium (IA Premium)
a.The IA premium shall be as follows:
First Officers: $500
Second Officer: $400
b.The IA premium shall be considered pensionable earnings;
c.The IA premium is additional compensation which shall be paid in accordance with Section 3.E.1.a.iv. The IA premium shall be accomplished by submission of a pay log.
2.A pilot shall earn an IA premium when the pilot:
a.operates a flight into and out of either Afghanistan or Iraq;
b.operates a flight either into or out of Afghanistan or Iraq which is either preceded or followed by a deadhead into or out of Afghanistan or Iraq; or
c.operates a flight that is intended to land in Iraq or Afghanistan but is directed to divert from the area while airborne because of military concerns in the area.
3.p.666 An air turnback which returns to Iraq or Afghanistan is not to entitled to receive any additional premium because of the turnback.
4.If the CRAF premium provided in the CRAF LOA is also applicable to the same flight as the IA premium, then the pilot shall receive but one premium.
5.Benefit Coverage
a.The Company will provide an additional $200,000 of AD&D coverage to pilots on flight sequences that qualify for the IA premium outlined in Paragraph A.1.
b.From the standpoint of the Company sponsored insurance and benefit plans in which a pilot participates, a pilot who suffers bodily harm or illness while on FedEx business in Iraq or Afghanistan shall be covered to the same extent as if he were flying into any other international destination on FedEx business.
c.If the CRAF additional benefit AD&D coverage is also applicable to the same pilot for the same instance, the pilot shall receive but one AD&D added benefit.
B.Relation to the basic Agreement and Civil Reserve Air Fleet LOA
1.Except as provided in Paragraph A.4. and A.5.c. of this LOA, this LOA does not replace or otherwise modify the Civil Reserve Air Fleet LOA.
2.Except as provided below in Paragraph D.3. through 9., this LOA does not replace or otherwise modify the provisions in the basic Agreement, including Section 9.A. and B.
3.A pilot bumped for the trip (or portion thereof) that includes IA flying, by another pilot or management person, shall be considered to have been bumped by management under Section 9. In addition, if the pilot is bumped for only a portion of the trip, the pilot shall be free from all duty (except as to deadheading to the next portion of the trip from which the pilot has not been bumped).
4.If a pilot is awarded an IA trip on his regular line, the pilot shall have the ability to elect to drop that trip by sending an email to the address specified by the Company prior to the close of the Bid Period Processing Conflict Input Window in Section 25.E.2.
5.A pilot holding a secondary line shall have the ability to submit a preference for a specific IA trip (i.e., by trip number and date). IA trips shall not be constructed on a pilot’s secondary line except pursuant to a specific preference.
6.A pilot on reserve or standby may decline an assignment that includes an IA landing or departure. If declined, the pilot shall be treated as if no assignment had been offered.
7.p.667 A pilot in substitution may decline a trip that includes an IA landing or departure. If declined, the pilot shall be treated as if no assignment had been offered, including no loss of trip guarantee.
8.A pilot may decline a trip that includes an IA landing or departure in any make-up or volunteer status, and shall be treated as if no assignment had been offered; provided, however, that this provision shall become inapplicable if a limitation on IA flying is available to the pilots pursuant to Section 25.L.6.b.ii. (make-up) and 25.N.1.b. (VLT).
9.Notwithstanding the settlement agreement in administrative grievance 10-02, the Company may designate the Pilot-in-Command/Captain of record on flight segments that qualify for the IA premium.
10.To the extent required to accomplish a flight sequence to which the IA premium applies, pilots may be required to operate up to the maximum limits specified by FAR and safe operating practices.
C.Access to Information
Prior to the build process, the Company shall provide the ALPA SIG Chairman with a list of flight sequences covered by this LOA that are not reflected in the bid period packages or in trip pairings constructed outside of the bid period package process.
D.Sunset/Sunrise Modifications of Paragraph A
1.Bilateral Agreement
By mutual written agreement of the FedEx Vice President, Labor Relations and the MEC Chairman, countries may be added or removed.
2.Expedited Arbitration
If one party opposes the proposed addition/removal, the party seeking the addition/removal may submit the matter to a neutral arbitrator selected from the panel of arbitrators empowered to hear administrative grievances under Section 20.
a.The arbitration shall commence within 60 days of the grieving parties’ notification, or on the earliest available date offered by the arbitrator jointly selected by the parties.
b.The parties shall make known to the selected arbitrator the expeditious nature of the arbitration and request that a decision be provided as soon as possible.
c.Standard for Removal
Unless otherwise agreed by the parties, the arbitrator shall consider the following issue with respect to removals: Whether threat levels in the covered country are materially lower, on a regular basis, than those attending the Iraq/Afghanistan flying conducted during 2007.
Countries shall not be added unless there are ongoing military combat presence within 100 nautical miles of the airport into which the FedEx flight is landing and threat levels are as described in the following standard. Unless otherwise agreed by the parties, the arbitrator shall consider the following issue with respect to additions: Whether, on a continuing basis, aviation threat levels in the proposed additional country are materially the same as or higher than, those attending the Iraq/Afghanistan flying conducted during 2007.
e.Except as provided in this LOA, Section 21 of the Agreement shall govern the proceedings. Subsequent arbitration appeals about a particular country shall be available only once per year following an initial arbitration decision. Prior to the issuance of the award, the status quo ante shall prevail.
E.Ongoing Implementation Measures
The Company and ALPA recognize IA flying is varied and fluid. Other measures facilitating the operation of such flying and supporting the pilots doing such may be implemented if agreed upon in writing by the Vice President, Labor Relations Law and the ALPA FedEx MEC Chairman.
F.Effective Date and Duration
This Letter of Agreement is effective on the date signed and shall remain in full force and effect concurrent with the basic Agreement.
Collection of Human Performance/Alertness Data MOU (2011)
p.671 MEMORANDUM OF UNDERSTANDING
between
FEDERAL EXPRESS CORPORATION
and
THE AIR LINE PILOTS
in the service of
FEDERAL EXPRESS CORPORATION
as represented by
THE AIR LINE PILOTS ASSOCIATION, INTERNATIONAL
COLLECTION OF HUMAN PERFORMANCE/ALERTNESS DATA
This Memorandum of Understanding (“MOU”) is made and entered into in accordance with the provisions of Title II of the Railway Labor Act, as amended, by and between FEDERAL EXPRESS CORPORATION (hereinafter referred to as the “Company”) and the pilots in the service of FEDERAL EXPRESS COR- PORATION, as represented by the AIR LINE PILOTS ASSOCIATION, INTER- NATIONAL (hereinafter referred to as “ALPA”).
WHEREAS, the Company and ALPA are parties to a collective bargaining agreement setting forth the rates of pay, rules, and working conditions for the Company’s pilots (“Basic Agreement”), effective February 28, 2011; and
WHEREAS, the Company has developed a Fatigue Risk Management Plan (“FRMP”) and is developing a Fatigue Risk Management System (“FRMS”), which include methodologies for continually assessing their ability to improve alertness, mitigate performance errors, and improve pilot recovery; and
WHEREAS, the collection of human performance/alertness data will contribute to the Company and ALPA’s interest in ensuring safe flight operations and will provide the data necessary to evaluate and improve the Company’s FRMP and FRMS, to evaluate and improve existing pairing design and line construction parameters, and to analyze potential pairing design that the parties agree are appropriate for study and potential use but are not currently utilized.
NOW, THEREFORE, the parties agree as follows:
A.Data Collection Steering Committee (“DCSC”)
1.The parties shall establish a Data Collection Steering Committee (“DCSC”). The DCSC, in conjunction with the Primary Research Partner and the Scientific Advisory Committee, shall be responsible for administering the data collection efforts authorized by this MOU and for creating the methodology for de-identifying and protecting those data in accordance with the Data Security and Protection provisions of this MOU.
p.672 In order for the parties to apply the scientific conclusions and opinions derived from the Primary Research Partner’s analysis of the collected data and thereby improve pilot alertness and mitigate fatigue risks, the DCSC, by consensus, may also make recommendations to the parties on:
a.Improvements to pairing design regardless of when built;
b.Improvements to line construction parameters;
c.The implementation of prescriptive fatigue mitigation schemes by the Company;
d.The creation of new pairing designs that the Company does not currently utilize and/or modifications to existing pairings used by the Company; and
e.Training for pilots on fatigue risk management.
2.Nothing in this MOU or any recommendations from the DCSC shall override any of the rights or procedures in Section 25.BB. of the Basic Agreement.
3.The DCSC shall include 2 ALPA representatives and 2 alternates, chosen by the FedEx MEC Chairman, and 2 Company representatives and 2 alternates, chosen by the Vice President, Flight Operations. The parties shall consult with each other before selecting their respective DCSC representatives and alternates. ALPA DCSC representatives shall be removed from flying in accordance with Section 18.A.4. of the Basic Agreement and shall be compensated in accordance with Section 18.B.2 of the Basic Agreement. After consultation with and written notice to the other party, a party may replace its representative(s) on the DCSC.
4.The Company shall provide office space to ALPA DCSC representatives.
5.DCSC members must sign an agreed-upon non-disclosure agreement prohibiting use or disclosure of data or analyses to anyone other than the Company or ALPA without the written consent of the Company and the FedEx MEC Chairman.
6.The DCSC will solicit pilots scheduled to operate specifically identified pairings/sequences of pairings to participate voluntarily in an effort to collect data concerning: patterns of sleep, cognitive alertness, cumulative fatigue, mood, circadian rhythm disruption, and recovery before, during, and after flight operations.
If deemed appropriate by the DCSC, participation in any data collection efforts may be conditioned on compliance with specified fatigue mitigation strategies in order to evaluate whether those strategies improve p.673 pilot alertness. The parameters of any compulsory fatigue mitigation strategies will be clearly defined and made known to the pilots prior to solicitation of volunteers.
7.The DCSC will initially collect data on the following types of pairings/ sequences of pairings, which have been identified by the Company and ALPA as appropriate for analysis by the Primary Research Partner:
| Domestic | Night | Split Duty |
|---|---|---|
| No Split Duty | ||
| Multiple Landings | ||
| Length of Duty | ||
| Consecutive Nights | ||
| Early Starts | Split Duty | |
| No Split Duty | ||
| Multiple Landings | ||
| Length of Duty | ||
| Consecutive Early Starts | ||
| Rest | 24 hour Body Clock Swaps | |
| Short Layovers | ||
| Deadheading (Prior to Revenue Flight Segment) | Multiple Days Before | |
| Day Before | ||
| Day Of | ||
| International | Duty | Grid System |
| Rest | 24 hour Body Clock Swaps | |
| Mid-Trip Reset Rest | ||
| Post-Trip Recovery Rest | ||
| Augmentation | Balancing | |
| In-Flight Sleep and Nutrition | ||
| Pre- and Post-Flight Rest |
8.By consensus, the DCSC may identify additional types of pairings/sequences of pairings for data collection and analysis by the Primary Research Partner and, after consultation with the Scientific Advisory Committee, may direct the Primary Research Partner to conduct follow-up data collection efforts or analysis.
9.In the event the DCSC is unable to reach consensus, the issue will be presented to the Vice President, Flight Operations and the FedEx MEC Chairman, who shall meet at a mutually acceptable date and time to discuss the parties’ problems/concerns and the options for resolving the issue. After this meeting, the Vice President, Flight Operations shall advise the FedEx MEC Chairman in writing of what actions, if any, the Company shall take to address the issue or concern.
B.p.674 Primary and Alternate Research Partners
1.The Company and ALPA agree to the following approved research partners:
3624 Market Street, Suite 5E 2104 Maryland Avenue
Principal Investigators: Gregory Principal Investigator: Steven R. Belenky, M.D. and Hans P.A. Hursh, Ph.D. Van Dongen, Ph.D.
After consultation with the other party, either party may remove its research partners from this list and replace them with new research partners and/or include additional research partners on this list.
2.The Primary Research Partner (“PRP”) and its research associates shall be responsible for analyzing the data collected by the DCSC in accordance with research protocols approved by the SAC. The Company shall bear the cost of analyses performed on these data by the PRP.
3.At the conclusion of any particular study, the PRP shall prepare a report for the DCSC, which shall include recommendations on additional studies that could be performed and, if appropriate, on potential fatigue risk mitigation strategies that could improve pilot alertness when operating pairings/sequences of pairings.
4.ALPA may direct the Alternate Research Partner (“ARP”) to conduct a second analysis of the data reviewed by the PRP. The ARP shall prepare a report for the DCSC. Any analysis performed by the ARP shall be at ALPA’s expense.
5.Research analyses and reports prepared by the PRP (or the ARP) shall meet generally accepted scientific research standards for qualitative and quantitative research so that, if both the Company and ALPA consented, the analyses and reports could be accepted for publication in a peer-reviewed scientific journal.
6.The PRP and the ARP must sign an agreed-upon non-disclosure agreement prohibiting use or disclosure of data or analyses to anyone other than the Company or ALPA without the written consent of the Company and the FedEx MEC Chairman.
C.Scientific Advisory Committee (“SAC”)
1.The parties shall establish a collaborative Scientific Advisory Committee (“SAC”) to provide advice and guidance to the DCSC on scientific p.675 questions/issues, such as the parameters of scientifically valid data collection protocols and the appropriate equipment necessary to collect the data required for any particular study. The SAC may also make recommendations to the DCSC regarding additional data to be collected and/or studies to be performed that may be used to evaluate and assess pilot alertness in addition to those initially agreed upon by the Company and ALPA in Paragraph A.7 of this MOU.
2.The SAC shall initially include the following sleep scientists: Gregory Belenky, M.D. and Hans P.A. Van Dongen, Ph.D., (for the Company) and Steven R. Hursh, Ph.D. (for ALPA). Each party shall bear its own cost of providing SAC representatives. After consultation with and written notice to the other party, a party may replace its representative on the SAC.
3.SAC members must sign an agreed-upon non-disclosure agreement prohibiting use or disclosure of data or analyses to anyone other than the Company or ALPA without the written consent of the Company and the FedEx MEC Chairman.
D.Data Collection Protocol
1.All data collection shall conform to the protocol(s) developed by the SAC, provided that such protocol(s) satisfies the requirements of this MOU, meets generally accepted scientific standards for qualitative and quantitative research, and is approved by the DCSC.
2.Pilots who volunteer to participate in data collection efforts will be briefed by the DCSC (or its designee) on the nature and requirements of the data collection effort and will be permitted to ask questions concerning participating pilots’ data collection responsibilities and obligations under the data collection protocol. Each participating pilot will be provided with detailed information concerning the data collection effort and must review and sign a DCSC-approved “Consent to Voluntary Participation” form, which must fully describe the pilot’s responsibilities and obligations during the data collection effort. The parties will be provided with copies of each participating pilot’s executed Consent to Voluntary Participation form.
3.A pilot may withdraw from the data collection effort at any time by notifying the DCSC (or its designee) by telephone or by electronic mail. The DCSC may terminate a pilot’s participation in the data collection effort if it determines that continued participation in the data collection effort is not in the pilot’s best interest.
4.The Company shall compensate each participating pilot for each day of their participation in the data collection effort as follows:
p.676| REQUIRED DATA COLLECTION ACTIVITIES | DAILY SPECIAL PROJECT PAY | MAXIMUM BID PERIOD COMPENSATION |
|---|---|---|
| Actigraph and Sleep Log | 1 hour | $500* |
| Actigraph, Sleep Log, and PVT | 1.5 hours | |
| Actigraph, Sleep Log, PVT, and Prescriptive Fatigue Mitigation Measures | 2.5 hours | |
| *In extenuating circumstances, the Company may increase the maximum bid period compensation. |
A pilot who withdraws from the data collection effort prior to completion of his data collection shall be entitled to compensation set forth in this paragraph on a pro rata basis.
a.Failure of the participating pilot to complete all required documentation will be considered withdrawal from the data collection effort, and the pilot will be compensated on a pro rata basis for the documentation that was completed.
b.Intentional efforts to skew actigraph and/or human performance alertness data will be considered withdrawal from the data collection effort, and the pilot will not be compensated for any participation in the data collection effort.
c.Pay accrued under this paragraph shall be paid after the data is received and validated by the DCSC, and may require the submission of a pay log.
E.Data Security and Protection
1.All data collected pursuant to this MOU shall:
a.be de-identified by the DCSC (or its designee) to the maximum extent possible (e.g., participant data for compensation purposes only will not be de-identified);
b.be stored in electronic format on a secure server or in hard copy under lock and key;
c.be considered “inflight data,” as that term is defined in Section 26.A.1. of the Basic Agreement, except as provided in Paragraph E.1.f. of this MOU;
d.not be used in discipline/discharge action or investigation, including System Board of Adjustment proceedings;
e.not be audited to evaluate or monitor the judgment or performance of an individual pilot or crew as set forth in Section 26.A.4. of the Basic Agreement; and
f.only be released by the PRP (or ARP) (in de-identified format) to an individual or entity other than the Company, ALPA, or the PRP’s (or ARP’s) research associates for the purpose of analyzing p.677 data in accordance with this MOU, or if required by law, notwithstanding Section 26.A.5. of the Basic Agreement.
In the event the PRP (or ARP) intends to make such a disclosure, the Company and ALPA shall be notified in advance of the individual or entity to whom the disclosure would be made and the scope of the disclosure. The parties shall have an opportunity to object to the proposed disclosure. If either party objects, the PRP (or the ARP) shall not make the proposed disclosure.
2.Data collected by the DCSC and the analyses of those data by the PRP (or the ARP) that are shared with the DCSC may be disclosed to ALPA representatives who have agreed not to use or disclose the analyses, conclusions, recommendations, or opinions of the PRP (or the ARP) without the written consent of the Company and the FedEx MEC Chairman.
3.Any final reports prepared by the PRP (or the ARP) shall be made available to any Company pilot for review on Company property at mutually agreeable times, provided that the pilot has signed an agreed-upon non-disclosure agreement prohibiting the use of or disclosure of data or analyses to anyone other than the Company or ALPA without the written consent of the Company and the FedEx MEC Chairman.
4.The data collected by the DCSC and the analyses of the PRP (or the ARP) shall not be used by the Company or ALPA to support changes to the FARs (proposed or otherwise) or to existing law. Neither party shall use the data collected or analyses of the PRP (or the ARP) in litigation of any type, including but not limited to grievances and System Board of Adjustment proceedings conducted pursuant to Sections 19, 20, and 21 of the Basic Agreement, without the written consent of the Company and the FedEx MEC Chairman.
5.The Company may use the data collected by the DCSC and the analyses of the PRP to support the approval of its FRMS by the FAA. In the event that the Company’s FRMS submission utilizes analyses, conclusions, recommendations, or opinions of the PRP, which led to the preparation of a report on the same subject by the ARP, the Company, in its FRMS submission to the FAA, must include the analyses, conclusions, recommendations, or opinions from both research partners.
6.The PRP and/or the ARP may publish their final reports in a peer-reviewed scientific journal, provided that both the Company and ALPA consent and have an opportunity to review the written work product prior to its submission for publication.
F.Ongoing Implementation Measures
The parties recognize that the details involved in conducting scientificallyvalid data collection and analysis are varied and fluid. Other measures facilitating the parties’ efforts to study and understand the scientific bases p.678 for improving pilot alertness throughout the Company’s air network may be implemented if agreed upon in writing by the Vice President, Labor Relations and the FedEx MEC Chairman.
G.Termination and Duration
This Memorandum of Understanding concerning the Collection of Human Performance/Alertness Data will become effective on February 28, 2011 and will remain in effect concurrent with the Basic Agreement.
LOSA MOU (2010)
LOSA MOU Letter (2025) and Addendum (2026)
Building C Memphis, TN 38118
May 20, 2025
Captain Jose Nieves, Chair FDX Master Executive Council Air Line Pilots Association, International 1555 Lynnfield Road, Suite 101 Memphis, TN 38119
Re: 2025 Line Operations Safety Audit
Captain Nieves,
Pursuant to the 2010 Line Operations Safety Audit (LOSA) MOU Paragraph B.11., future LOSAs may be conducted under the provisions of the MOU with the written consent of the MEC Chairman and V.P. of Flight Operations. The purpose of this letter is to document our mutual consent to conduct a LOSA targeted to begin in or around the August 2025 bid period under the provisions of the MOU, with LOSA observations currently targeted to begin in the September 2025 bid period.
In addition, the Company and ALPA agree:
1.The LOSA Collaborative will be the LOSA Vendor (MOU Paragraph A.4.).
2.The LOSA Steering Committee will be:
a.Company: Robin P. Sebasco, System Chief Pilot/Managing Director b. Company: Matthew B. Gandy, Managing Director, Air Safety and Regulatory Compliance c. ALPA: Captain Willam K. Nix, FDX MEC Safety Committee, Vice-Chairman d. ALPA: Captain Michael S. Singer
3.A BPO pilot who elects to participate in the LOSA program will maintain their BPO status during the LOSA program.
4.In addition to MOU Paragraph B.8. availability and disclosures, provided a pilot has signed the nondisclosure agreement referenced in MOU Paragraph B.8., the full LOSA report will also be made available via a Teams or similar service at a mutually agreeable time with a Company representative. The review shall be provided with cameras on, with no recording or pictures permitted.
5.MOU Paragraph D.4. requires strict confidentiality of any data collected for the LOSA program. With the exception of pilots who consent to a LOSA observation, an individual involved with the 2025 LOSA (e.g., LSC, LOSA Coordinator, LOSA Observers, LOSA Vendor individuals, Data Verification committees) shall execute a mutually agreed to non-disclosure agreement (Exhibit A) prior to any involvement.
6.MOU Paragraph B.8. provides that data collected for the LOSA program may be shared with the crewforce as part of appropriate training programs, as directed by the LSC. The LSC will determine the de-identified data, if any, to be shared with the Company Training or other departments, or other joint Company/ALPA safety programs.
7.The LSC will work with the selected vendor to establish agreed upon storage and security protocols.
8.p.686 For MOU Paragraph E.1., the building of specific pairings/lines for LOSA Observers shall be done in coordination with the ALPA SIG/PSIT and the Company SIG using the Company’s and Association’s software, as applicable. A practice month will be produced prior to any LOSA Observations beginning.
9.In regards to MOU Paragraph E.2., the LOSA Observer will be designated as an ACM. The LOSA Steering Committee will endeavor to avoid high density commuting lanes during peak commuting periods in the scheduling of observations in an effort to minimize conflict with pilots commuting to and from work.
10.MOU Paragraph E.4. addresses the maximum number LOSA Observations scheduled on a LOSA Observer’s Pay Only line. MOU Paragraph F.2. provides for a LOSA Observer to bid a line for “Pay Only,” without carryover. For a bid period in which Section 4.A.1. is not applicable, the maximum number of duty days on a LOSA Observer’s schedule shall be determined by dividing the pay only BLG/RLG by 6:24 CH rounded to the nearest whole number.
Please indicate your agreement by signing below.
Sincerely,
FEDERAL EXPRESS CORPORATION
Captain Patrick DiMento
Accepted and agreed to on behalf of the Air Line Pilots Association:
Chair, FDX MEC
CC:
Justin Brownlee, Senior Vice President, FedEx Flight Operations & Airline Planning John Maxwell, FedEx Senior Vice President & General Counsel Bill West, Vice President, FedEx Airline Safety Jeffery E. Robertson, Vice President, FedEx Labor Relations & Benefits Law Robin Sebasco, FedEx Managing Director & FedEx System Chief Pilot Matt Gandy, Managing Director, FedEx Air Safety & Regulatory Compliance Alex Antonian, Managing Director, FedEx Flight Operations Support K. Phillip Tadlock, Managing Director, FedEx Labor Relations
Building C Memphis, TN 38118
September 3, 2026
Captain Jose Nieves, Chair FDX Master Executive Council Air Line Pilots Association, International 1555 Lynnfield Road, Suite 101 Memphis, TN 38119
Re: Addendum to the 2025 Line Operations Safety Audit
Captain Nieves,
As you are aware, the Company and ALPA signed an agreement on May 20, 2025, to conduct a Line Operations Safety Audit (LOSA) pursuant to the 2010 LOSA MOU Paragraph B.11., and the additional provisions provided in that May 20, 2025, agreement. Paragraph #4 of that agreement stated:
In addition to MOU Paragraph B.8. availability and disclosures, provided a pilot has signed the non-disclosure agreement referenced in MOU Paragraph B.8., the full LOSA report will also be made available via a Teams or similar service at a mutually agreeable time with a Company representative. The review shall be provided with cameras on, with no recording or pictures permitted.
Due to concerns of the LOSA Vendor, the availability of the full LOSA report “via a Teams or similar service” will not occur. In lieu of that availability, the Company and ALPA agree:
1.Roadshows will be conducted, during which the full LOSA report will be made available, in ANC, CAN, CDG, IND, and OAK. Each visit will include at least two opportunities at layover hotels and the ramp facilities during sorts.
2.Presentations will be conducted in MEM at the AOC, and MEM Flights Ops will host opportunities to view the full LOSA report during day and night sorts.
3.The Flight Operations Training Center will host opportunities for the full LOSA report availability by appointment.
4.FedEx Air Ops Safety will host opportunities for the full LOSA report availability by appointment.
5.The FedEx MEC office will host opportunities in October 2026, for the full LOSA report availability by appointment.
Please indicate your agreement by signing below.
Sincerely,
FEDERAL EXPRESS CORPORATION
Captain Patrick DiMento p.688 Accepted and agreed to on behalf of the Air Line Pilots Association:
Chair, FDX MEC
CC:
Justin Brownlee, Senior Vice President, FedEx Flight Operations & Airline Planning John Maxwell, FedEx Senior Vice President & General Counsel Bill West, Vice President, FedEx Airline Safety Jeffery E. Robertson, Vice President, FedEx Labor Relations & Benefits Law Robin Sebasco, FedEx Managing Director & FedEx System Chief Pilot Matt Gandy, Managing Director, FedEx Air Safety & Regulatory Compliance Alex Antonian, Managing Director, FedEx Flight Operations Support Grace H. Skertich, Managing Director, Labor Relations, Legal Counsel