Collective Bargaining Agreement Between Chautauqua Airlines, Inc. and Flight Dispatchers Represented by Transport Workers Union of America, AFL-CIO (2001–2007)
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Summary
This agreement is between Chautauqua Airlines, Inc. and its flight dispatchers, who are represented by the Transport Workers Union of America, AFL-CIO. Covering the period from February 19, 2001, to February 19, 2007, it sets out the terms of employment, including pay, work schedules, benefits, seniority, and dispute resolution procedures. The agreement also outlines management rights, union recognition, and prohibits strikes and lockouts during its term. Both parties agree to cooperate to ensure safe and efficient airline operations under fair working conditions.
EX-10.10 19 a2071795zex-10_10.txt (800) 688 - 1933 Exhibit 10.10 [LOGO FOR CHAUTAUQUA AIRLINES, INC.] AGREEMENT between CHAUTAUQUA AIRLINES, INC. and THE FLIGHT DISPATCHERS in the employ of CHAUTAUQUA AIRLINES, INC. as represented by TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO [LOGO FOR TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO] FEBRUARY 19, 2001 - FEBRUARY 19, 2007 Signed February 19, 2001 TABLE OF CONTENTS - -------------------------------------------------------------------------------- Section Title Page 1 Recognition and Scope............................... 4 2 Definitions......................................... 6 3 Compensation........................................ 8 4 Work Schedules and Vacations........................ 10 5 Seniority........................................... 13 6 Training............................................ 14 7 Sick Leave.......................................... 15 8 Probation........................................... 16 9 Leave of Absence.................................... 17 10 Benefits............................................ 18 11 Furlough and Recall................................. 19 12 Grievance Procedures................................ 21 13 System Board of Adjustment.......................... 24 14 Union Security...................................... 27 15 General............................................. 35 16 Duration............................................ 38 2 AGREEMENT between CHAUTAUQUA AIRLINES and FLIGHT DISPATCHERS in the employ of CHAUTAUQUA AIRLINES as represented by TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO This Agreement is made and entered into in accordance with the provisions of Title II of the Railway Labor Act, as amended by and between CHAUTAUQUA AIRLINES, hereinafter known as the "Company", and the FLIGHT DISPATCHERS in the service of CHAUTAUQUA AIRLINES, who are represented by the TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO, hereinafter known as the "Union". In making this Agreement, the Company and the Union and the represented employees recognize their duty, individually and collectively, to comply and cooperate with the intent and purpose of this Agreement. 3 SECTION 1 RECOGNITION AND SCOPE A. Recognition The Union is recognized by the Company, in accordance with the National Mediation Board Certification Case R-6673 dated July 22, 1999, as the duly designated and authorized bargaining agent with respect to rates of pay, rules and working conditions of Flight Dispatchers in the employ of the Company. B. Scope It is understood and agreed that all dispatch functions as detailed in Section II (Definitions) of this Agreement as well as, at a minimum, in the Chautauqua Airlines, General Policies Manual, Revision 14, dated 20Jul00, will be performed by the employees covered under this Agreement and in accordance with the terms and conditions of this Agreement. It is specifically understood that the scope of this work includes all FAR Part 121 flying by pilots on the Chautauqua Pilots System Seniority List, performed in accordance with the terms and conditions of their Agreement, with the exception of training and delivery flights. C. Operational efficiency The purpose of this Agreement is, in the mutual interest of the Company and of the employees, to provided for the operation of the services of the Company under methods which will further, to the fullest extent possible, the safety of air transportation, the efficiency of operation, and the continuation of the employment under conditions of reasonable hours, proper compensation, and reasonable working conditions. It is recognized by this Agreement to be the duty of the Company and the employees, to cooperate fully both individually and collectively. D. Management Rights The rights of ownership, the management of the Company and the direction of the working forces, including the right to hire, promote, demote, discharge and discipline for cause, transfer, layoff, and recall, the right to direct, plan and control operations, and to establish work schedules, and the right to determine the type of work to be performed, and the right to introduce new and improved methods, equipment or facilities, and to change existing methods, equipment and to determine the location of the Company's facilities, and the right to lease facilities or equipment, and the right to establish or change Company rules, and in general to maintain discipline and efficiency, are vested exclusively with the Company so long as the exercise of such rights shall not be in conflict with the specific provisions of this agreement. E. No strike/lockout 4 It is the intent of the parties of this Agreement that the procedure set forth herein and in the Railway Labor Act, as amended, for the resolution of disputes shall serve as a means of peaceable settlement of all disputes that may arise between them and that, therefore: 1. The Company shall neither cause nor permit any lockout of employees covered hereunder during the life of this Agreement; and 2. Neither the Union nor the employees covered hereunder, both individually and collectively, shall authorize, cause, sanction or engage in any strike against the Company, illegal picketing of the Company's premises, slowdown, sit-down, walk-off, work stoppage, or curtailment of work of any kind, during the life of this Agreement. F. Supervisor qualification shifts/operational emergencies It is understood and agreed that, in order to maintain their proficiency, qualified supervisors may be scheduled up to twenty (20) hours per year to perform the functions of a Flight Dispatcher. Qualified supervisors may also perform the functions of a Flight Dispatcher in the event of an operational emergency. Supervisors may not be used to avoid the payment of overtime. It is further understood and agreed that qualified supervisors and other employees may assist in performing the functions of a Dispatch Coordinator necessary to complete a particular operation. Supervisors may not be used to avoid the payment of overtime. 5 SECTION 2 DEFINITIONS 1. The term "employee" shall mean an employee of Chautauqua Airlines, Inc., who is covered by this Agreement. 2. The term "Dispatch Coordinator," as used herein, shall mean an employee selected by the Company who may perform the duties of a Flight Dispatcher and, in addition, is the lead Flight Dispatcher on Duty. This position is responsible for coordinating the day to day activities of flight dispatch with the appropriate departments, government agencies, and other effected parties, as applicable. This position will also have the responsibility of assuring that shift opening and closing procedures are completed, a shift turnover log is filled out and other responsibilities, as designated by the Company, are completed. 3. The term "Flight Dispatcher," as used herein, shall mean an employee who has been designated as such by the Company and holds a currently effective Aircraft Dispatcher's Certificate, who is regularly assigned to be responsible for operational control concerning the dispatch, release and movement of Company aircraft. 4. The term "Check Dispatcher," as used herein, shall mean an employee who has been designated as such by the Company to perform FAA-mandated competency checks of the Flight Dispatchers. 5. The term "Relief Flight Dispatcher," as used herein, shall mean a Flight Dispatcher who holds a permanent position and who is required to work other than the normal work cycle on a pre-planned basis to cover known open time and in order to provide qualified relief for Flight Dispatchers for vacation, qualification trips and training, and any other abnormality as agreed to by the Union on a non-precedent setting case by case basis. 6. The term "special assignment," as used herein, shall mean the assignment of Flight Dispatcher to duties in lieu of regular Flight Dispatcher activities, but such assignment must be directly related to the dispatch function. 7. The term "work cycle," as used herein, shall mean the basic rotation of work days and regular days off established for the quarterly work period, prior to overlay of such factors as vacations, qualification flights, training, relief schedules, etc. 8. The term "bid line" as used herein, shall mean the specific assignment of individual employees by calendar quarter to a work cycle, adjusted for such 6 factors as vacations, qualification, training relief schedules, etc. The bid lines shall be subject to quarterly bidding procedures. 9. The term "Work Schedule," as used herein, shall mean a cycle of workdays and days off, developed by the Company, to which an individual Flight Dispatcher is assigned. 10. Wherever the term "Flight Dispatcher" appears in this Agreement, the provisions of the paragraph in which it appears shall apply to Dispatch Coordinators, Flight Dispatchers, Check Dispatchers and Relief Flight Dispatchers, unless otherwise stated. 7 SECTION 3 COMPENSATION A. Minimum Rates of Pay per Hour
Any Flight Dispatcher(s) currently on the Chautauqua Flight Dispatcher Seniority List whose pay falls below that of a any newly-hired Flight Dispatcher(s) that is (are) brought in above minimum salary levels outlined above, shall have his/her pay rate adjusted to that of the newly hired Flight Dispatcher (s). Employees with more than twenty (20) years of active service will receive premium pay as follows: $.50 per hour per year to a maximum of $2.50. B. Overtime 1. Overtime will be at time and a half (1.5 times a Flight Dispatcher's applicable hourly rate) when a Flight Dispatcher's time worked (including vacation and sick time) is in excess of eighty (80) hours within a single pay period. 2. In the event that the Company is unable to cover an open shift with overtime, the Company reserves the right to assign the shift to the most junior, available, qualified Flight Dispatcher. C. Holiday Pay 1. Holidays eligible for holiday pay are those identified in the most current Chautauqua Human Resources Policies and Benefits Manual, dated 06Jun96. 8 2. All Flight Dispatchers will receive eight (8) hours of straight time pay on the holidays listed in paragraph C1 of this Section. 3. Flight Dispatchers who work on the holidays designated above will, in addition to the pay provided for in paragraph C2, be compensated at the rate of 1.5 times their hourly rate for all hours worked on the holiday. D. Override for Dispatch Coordinator 1. Effective on the date of signing, a Flight Dispatcher shall receive an override of $.75 per hour while working the Dispatch Coordinator position. 2. Effective on January 1, 2003, this override shall increase to $1.25 per hour. E. On-The-Job Training Pay Flight Dispatchers who perform on-the-job training of new, unqualified Flight Dispatchers shall be compensated at a rate $.60 per hour higher than their current salary while performing such training. F. Check Dispatcher Qualification Effective on the date of signing, a Flight Dispatcher qualified as a Check Dispatcher shall receive an override of $.60 per hour while performing Flight Dispatcher competency checks. 9 SECTION 4 WORK SCHEDULES AND VACATION A. Work Schedules Work Schedules, designated as either fixed or relief, are based on days on and days off and are determined and planned by the Company in accordance with the provisions outlined below. B. Fixed Work Schedules 1. Work Cycles which are fixed in nature shall be composed of four (4) consecutive workdays followed by three (3) consecutive days off. 2. Workdays within a fixed work cycle shall be planned as ten (10) hour shifts (inclusive of shift overlap). 3. For the purpose of bidding a fixed work cycle, a proposed Work Schedule shall be published a minimum of forty-five (45) days in advance of each calendar quarter for the following ninety (90) days. 4. The awards of bid lines for the fixed Work Cycles shall be posted a minimum of thirty (30) days before each calendar quarter for the following ninety (90) days. C. Relief Work Schedules 1. Relief Work Schedules shall be composed of a mixture of variable days on and variable days off, but shall not exceed one-hundred and sixty (160) hours in a four week period and the Company shall strive to create as many 4/3 work cycles as possible. 2. In the event that operational requirements necessitate, the company may, with fourteen (14) days prior notice, add a bid line (or bid lines) that does not follow the basic work cycle outlined in Section 4 (A). The basic work cycle and schedule for this (these) line(s) shall be five (5) days of work, with no shift scheduled for more than eight hours (8), followed by two (2) days off. 3. For the purpose of bidding a relief Work Cycle, a proposed Work Schedule shall be published a minimum of fourteen (14) days in advance for the following calendar month. 4. The awards of bid lines for the relief Work Cycles shall be posted a minimum of seven (7) days before the first day of the following calendar month. 10 D. Training For the purposes of training only, a Flight Dispatcher working a fixed work cycle may be moved off his/her fixed rotation with a minimum of thirty (30) days notice. E. Ratio of Fixed and Relief Lines 1. A minimum of fifty (50) percent of the bid lines within the department shall be fixed lines as outlined in this Section. 2. A maximum of fifty (50) percent of the bid lines within the department may be relief lines as outlined in this Section. F. Schedule start time changes 1. In the event that operational requirements necessitate, such as a permanent flight schedule change or charter operation, the Company may, with seven (7) days prior notice, change the start time of a shift by up to two hours. 2. Nothing in this Section will prevent the Company from changing a Flight Dispatcher's Work Schedule to accommodate assigned classroom training or specific familiarization flights assigned by the Company. There must be a minimum ten (10) hour break between training and other assignments. 3. Shift start times may be rotated as outlined in F. 1. above, but there shall not be more than one change creating two different shift start times within a five (5) day period. The Company shall endeavor to publish consistent rotation of shift start times for the work schedules developed for bidding and the work schedules published. Such rotation is subject to change by the Company in accordance with F. 1. above. G. Schedule Evaluation Meeting 1. A meeting between the Company and the Union shall be held on or before March 1st, 2003, in order to evaluate the flexibility and feasibility of revising the items contained in Paragraphs A through D above. 2. Any change to such items must be agreed to by both the Company and the Union and revised by Letter of Agreement. H. Extraordinary Circumstances 11 If, due to an extraordinary event, changes are necessary to the fixed or relief work schedules that have already been awarded, the Company will meet with the Union to seek input as to how best implement a re-bid. I. Vacation 1. Flight Dispatchers shall receive vacation in accordance with the provisions of the Benefits Section of the Chautauqua Human Resources Policies and Benefits Manual, dated 6/6/96. The number of vacation hours shall not be reduced below those set forth therein. 2. Vacations will be bid no later than the 15th day of the month prior to each calendar quarter. Awards will be subject to operational requirements and awarded in seniority order, as reflected on the Chautauqua Flight Dispatcher Seniority List. 3. At the time vacations are bid, employees may defer four (4) days annually of his/her vacation entitlement to be utilized as single vacation days ("DAT"). Such days must be utilized within the calendar year. Requests to utilize DAT days must be made fifteen (15) days in advance of the required publication/posting date of the monthly work schedule. DAT awards will be subject to operational requirements and must be taken after use of regular vacation bids. 4. Vacation days remaining but not yet used by the December 15th bid of each year may be carried over to the next calendar year, to a maximum carryover of 40 hours. 12 SECTION 5 SENIORITY A. Chautauqua Flight Dispatcher Seniority List Dispatch employees holding an Aircraft Dispatcher Certificate shall be placed on the Chautauqua Flight Dispatcher Seniority List in order of their hire date as a Flight Dispatcher. Should two (2) or more employees have the same seniority date, they shall be placed on the Chautauqua Flight Dispatcher Seniority List in order of their birth date with the oldest being listed first. B. Accrual Seniority shall continue to accrue until such time as the employee separates from the Company or as otherwise provided in this Agreement. C. Dispatch Management Dispatch Management shall be listed on the Chautauqua Flight Dispatcher Seniority List in order of their hire date into a Flight Dispatcher position. D. Management Seniority Managers shall retain and continue to accrue seniority while in a managerial position. E. Displacement Protection No Flight Dispatcher on the Chautauqua Flight Dispatcher Seniority List shall be displaced or furloughed as the result of any manager or supervisor returning to a dispatch position. F. Managerial Exemption Dispatch management shall not be entitled to utilize the provisions of Sections 12 or 13 of this Agreement. This shall apply to both discipline and contract interpretation issues. G. Posting The Company shall update and distribute the Chautauqua Flight Dispatcher Seniority List annually to the Union and all Flight Dispatchers during January of each year. 13 SECTION 6 TRAINING A. Required Training Flight Dispatchers may be assigned to attend training on their days off provided that such training shall not result in a Flight Dispatcher being scheduled for more than six (6) consecutive days. Pay for training accomplished on days off shall be compensated at the overtime rate.B. Route Familiarization Flights Route familiarization shall be accomplished on workdays if possible or, if on days off, will be compensated at the overtime rate. The Company shall provide hotel accommodations, when applicable, and paid expenses in accordance with Company Policy. C. Dispatch Management Flight Dispatchers assigned by the Company as a Check Dispatcher during a shift shall receive additional compensation as set forth in Section 3E of this Agreement. 14 SECTION 7 SICK LEAVE A. Paid Sick Time Flight Dispatchers shall receive paid sick time in accordance with the provisions of the Chautauqua Human Resources Policies and Benefits Manual, Dated 06Jun96. The number of annual sick hours and the maximum sick bank hours shall not be reduced below the levels set forth in the Human Resources Policies and Benefits Manual, dated 06Jun96. B. Sick Pay Bank The maximum six-hundred sixty (660) hour Sick Pay Bank may be accrued pursuant to the table below. The maximum sick bank is divided into accounts of three-hundred sixty (360) and three-hundred (300) hours. Only after accruing the maximum three-hundred sixty hours (360) in the first account may an employee begin accruing toward the maximum three-hundred (300) hours in the second account. The three-hundred (300) hour account may be used only for major, long-term illness or injury (i.e. longer than thirty (30) calendar days), and then only after the three-hundred sixty (360) hour regular account has been exhausted. Upon retirement, employees are entitled to be paid for all accrued but unused Sick Pay Bank hours.
15 SECTION 8 PROBATION A. Probation An employee shall be on probation for his/her first six (6) months of active service with the Company as a Flight Dispatcher. B. Adjustments to Length Time off due to sickness, injury, leave of absence, furlough or discipline will not be counted toward completion of the active service requirement for completion of an employee's probationary period. C. Applicability A Flight Dispatcher on probation shall not be entitled to utilize the grievance and/or System Board procedures of this Agreement for any disciplinary action, including discharge. In any case, should a Flight Dispatcher on probation be afforded a grievance or System Board hearing, by law or otherwise, the Company shall not be required to prove "just cause" in any disciplinary or discharge grievance or System Board hearing. 16 SECTION 9 LEAVE OF ABSENCE A. Leave of Absence When requirements of service will permit, an employee hereunder may be granted a leave of absence in accordance with Company policy, as stated in the Human Resources Policies and Benefits Manual, dated 06Jun96. 17 SECTION 10 BENEFITS A. Benefits Flight Dispatchers shall be provided a minimum level of coverage as outlined in the Health Benefits Section of the Chautauqua Human Resources Policies and Benefits Manual, dated 6/6/96. 18 SECTION 11 FURLOUGH AND RECALL A. Involuntary Furlough 1. The Company shall notify the Union prior to official announcement and implementation of a furlough of Flight Dispatchers. 2. In the event of a furlough, Flight Dispatchers will be furloughed in inverse order of seniority from the Chautauqua Flight Dispatcher Seniority List. 3. The Company shall provide fifteen (15) days notification of furlough or pay in lieu thereof, except in case of emergency, act of God, or where there is no work because of a labor dispute, or other circumstances over which the Company has no control. 4. A furloughed Flight Dispatcher shall retain all seniority and longevity accrued prior to the time of furlough for a period not to exceed three (3) years. He/She shall continue to accrue seniority but not longevity while on furlough. At the time of furlough, Flight Dispatchers must provide the proper contact information to Flight Operations management. 5. A furloughed Flight Dispatcher shall retain medical coverage, as provided prior to furlough, for a period of sixty (60) days following the date of furlough. Flight Dispatchers with less than 24 months of service at the time of furlough shall be responsible to pay the employer portion of the medical cost during the sixty (60) day period. 6. Flight Dispatchers on furlough for less than thirty (30) days shall continue to accrue longevity for benefit and pay purposes during the period on furlough. 7. Flight Dispatchers who remain on furlough at the end of three (3) years from the effective date of the furlough shall be released from employment with Chautauqua Airlines, and their names shall be deleted from the Chautauqua Flight Dispatcher Seniority List. B. Recall 1. The Company shall notify the Union prior to official announcement and implementation of a recall of Flight Dispatchers. 2. Flight Dispatchers shall be recalled in order of seniority from the Chautauqua Flight Dispatcher Seniority List. 19 3. A written recall notice shall be sent to each Flight Dispatcher entitled to recall to the last address provided to the Company. A Flight Dispatcher shall be given fifteen (15) days from his/her receipt of the notice of recall to return to duty, and must notify Flight Operations within ten (10) days from the date of receipt of the written recall notice of his/her response to the recall on the date specified in the recall notice. Upon request, a recalled Flight Dispatcher shall have the fifteen (15) day period to report for duty extended for a period of up to an additional period of fifteen (15) days (i.e. to a maximum of 30 days from receipt of notice of recall) should the Flight Dispatcher need the additional time to relocate in order to resume his/her position as a Chautauqua Flight Dispatcher. 4. The Company shall make a reasonable effort to provide space available air transportation on Chautauqua aircraft to Flight Dispatchers being recalled. 5. If the Company is unable to contact a furloughed Flight Dispatcher for recall or if the Flight Dispatcher fails to notify the Company of his/her response by the deadline date, the Company will consider the Flight Dispatcher to have voluntarily resigned his/her employment with Chautauqua Airlines, Inc. 6. Flight Dispatchers on furlough shall retain recall rights for up to three (3) years from the date of furlough and thereafter shall be released from full-time employment with Chautauqua Airlines, Inc. C. Severance 1. In the event of a reduction in force or when the Company decides to close a station, Flight Dispatchers at that station, with at least one (1) year of service as a Flight Dispatcher, who decide not to transfer to another station will receive eighty (80) hours of severance pay, at the employee's current hourly rate. 2. In addition to the eighty (80) hours outlined in A. above, Flight Dispatchers shall receive additional hours of severance pay in accordance with the schedule below:
20 SECTION 12 GRIEVANCE PROCEDURES A. A grievance is defined as a claim or dispute by an employee or group of employees covered by this Agreement concerning the interpretation and/or application of the Agreement or disciplinary or discharge action taken against the employee. B. Grievances Other Than Those Involving Discipline and Discharge PRE-GRIEVANCE DISCUSSION Any employee covered by this Agreement who believes that he/she has a grievance concerning the meaning or application of the terms of the Agreement shall, within fifteen (15) days after the employee has, or reasonably should have had, knowledge of the matter giving rise to the grievance, request an informal discussion with the Dispatch Manager, or his/her designee to attempt to resolve the dispute. The employee shall present his/her grievance in person. The Dispatch Manager, or designee, shall meet with the employee within ten (10) days of receiving a request for a discussion. The employee is permitted to have present a Union representative of his/her choice at the meeting. STEP 1 Should the result of the pre-grievance discussion be unsatisfactory to the employee or should the discussion fail to take place within the ten day period, the employee may file a grievance in writing to the Director of System Operations Control. Such grievance shall be filed within ten (10) days of the pre-grievance discussion deadline. The written grievance shall include a statement of the facts of the grievance and list the section(s) of the Agreement that relate to the dispute. The Director of System Operations Control, or designee (a person other than the person who conducted the pre-grievance discussion), shall investigate the grievance and provide a written response within fifteen (15) days of receipt of the grievance. Should the employee find the decision of the Director of System Operations Control, or designee, unsatisfactory, the grievance may be appealed to Step 2. The appeal to Step 2 shall be made in writing within thirty (30) days of the employee's receipt of the Step 1 decision. STEP 2 Representatives for the Union and the Company shall meet once each calendar 21 quarter to discuss and attempt to resolve all grievances appealed to Step 2. All resolutions of grievances at Step 2 shall be final and not subject to further appeal. Should the Union and Company representatives be unable to reach agreement on a resolution to a grievance, the Union may appeal the grievance to the Chautauqua Dispatchers' System Board of Adjustment within sixty (60) days of the Step 2 meeting in accordance with the procedures set forth in Section 15 of the Agreement. C. Grievances Involving Discipline and Discharge STEP 1 All actions by the Company concerning the discipline or discharge of an employee covered by this Agreement shall be confirmed in writing to the employee with a copy of such written confirmation supplied to the Union. An employee may, within five (5) days of receipt of written confirmation of the discipline or discharge file an appeal of the Company's action with the Director of System Operations Control. The Director of System Operations Control, or designee, shall investigate the facts related to the discipline or discharge and render a written decision to the employee with a copy to the Union within fifteen (15) days of receipt of the appeal. Should the decision of the Director of System Operations Control, or designee, be unsatisfactory to the employee, the dispute may be appealed by the employee to Step 2. The appeal to Step 2 shall be made in writing within fifteen (15) days of the employee's receipt of the Step I decision. STEP 2 Representatives for the Union and the Company shall meet once each calendar quarter to discuss and attempt to resolve all grievances appealed to Step 2. All resolutions of grievances at Step 2 shall be final and not subject to further appeal. Should the Union and Company representatives be unable to reach agreement on a resolution to a grievance, the Union may appeal the grievance to the Chautauqua Dispatchers' System Board of Adjustment within sixty (60) days of the Step 2 meeting in accordance with the procedures set forth in Section 15 of the Agreement. D. General 1. All written communication required by this Section shall be either delivered in person, with a signature and date confirming receipt, or shall be sent by certified mail with a return receipt. 2. The Company shall inform an employee in advance of any meeting with such employee that may result in discipline or discharge. Nothing herein shall be construed to restrict the right of an employee covered by this Agreement to have 22 a Union Representative present during any meeting concerning discipline or discharge. 3. All "days" as referred to in this Section are calendar days. 4. The time limits specified herein may be extended by mutual agreement between the Company and the Union. 23 SECTION 13 SYSTEM BOARD OF ADJUSTMENT A. Establishment and Purpose In compliance with Section 204, Title 11, of the Railway Labor Act, as amended, there is hereby established a System Board of Adjustment for the purpose of adjusting and deciding disputes which may arise under the terms of this Agreement and which are properly submitted to it. This board shall be known as the Chautauqua Dispatchers' System Board of Adjustment (hereinafter referred to as the "Board"). B. Composition of the Board 1. The Board shall consist of one (1) member appointed by the Company and one (1) member appointed by the Union. A third member shall be added to the Board to serve as a neutral referee for the purpose of hearing an arbitration conducted pursuant to this Section. The Company and the Union shall advise each other in writing of the name, position, address and phone number of their initial appointments to the Board and any subsequent replacement appointments. 2. A Chairperson and Vice Chairperson of the Board will be selected from the Board members. The office of Chairperson shall alternate yearly between the Company Board member and the Union Board member, with the Chairperson position being held by the Union-appointed Board member in even-numbered years. Whenever the position of Chairperson is filled by a Company-appointed Board member, the position of Vice Chairperson shall be filled by the Union-appointed Board member and vice versa. 3. Whenever the Board is convened to hear an arbitration, the Company and Union may elect to appoint an alternate to serve as a Board member for the arbitration. 4. The appointment of a neutral referee shall be by mutual agreement between the parties from the panel described in paragraph G below or, if the parties are unable to reach agreement, by the alternate strike method whereby each party shall alternately strike the name of a panel member with the last remaining panel member being the neutral referee for the subject arbitration. C. Jurisdiction of the Board 24 The Board shall have jurisdiction over and shall consider all disputes properly submitted to it that are covered under the terms of this Agreement and that arise through grievance out of disputed interpretations or applications of this Agreement or that involve discipline or discharge. The jurisdiction shall not extend to proposed changes in hours of employment, rates of compensation, or working conditions nor shall the Board have the authority to alter the express terms of this Agreement. D. Submission of Disputes Disputes properly submitted to the Board shall be addressed to the Chairperson with copies to the Vice Chairperson and the Vice President-Flight Operations. The written appeal shall include: o The grievant's name and address, o A statement of the question at issue, o A summary of the facts giving rise to the grievance, o A statement setting forth the position of the grievant, o A statement setting forth the position of the Company, o The relief sought, and o A copy of the Step 2 decision. E. Convening the Board The Board will docket a grievance for an arbitration at the earliest date of availability for the selected arbitrator but not earlier than thirty (30) days from the date of filing with the Board Chairperson unless the parties mutually agree to an earlier date. Arbitrations involving the discharge of an employee shall be docketed for hearing within ninety (90) days from the date of filing with the Board Chairperson unless the parties mutually agree to a later date. F. Decisions of the Board Decisions of the Board shall be by a majority vote and shall be final and binding on all parties. G. Neutral Referees 25 1. The Company and the Union shall select a panel of nine (9) neutral referees (arbitrators) who will serve as the third member of the Board for the purpose of conducting arbitrations. The selection of the panel shall be by mutual agreement between the Company and the Union. If the parties are unable, within sixty (60) days from the signing of this Agreement, to agree on a full panel, the Chairperson and Vice Chairperson of the Board shall mutually petition the National Mediation Board and/or the American Arbitration Association for the names of three arbitrators for each unfilled position on the panel. Upon receipt of the names, the Company and the Union shall attempt to mutually agree on a member from each group of three names. In the event the parties are unable to mutually agree within ten (10) business days of receipt of the names, each remaining open position shall be filled utilizing the alternate strike method with each group of three names. The last remaining name in each group shall fill the applicable open position on the panel. 2. Once the panel is established, the Company and the Union may mutually agree to change the membership of the panel at any time. Further, either the Company or the Union may unilaterally remove a member from the panel, provided the panel member is not serving as the neutral referee for an arbitration that has commenced. The Company or the Union may not exercise a unilateral removal more often than once in any six (6) month period. H. Board Records The Board shall maintain a complete record of all matters properly submitted to it and of all findings and decisions made by it. The aforementioned "complete record" does not necessarily include a stenographic transcript of all testimony of all witnesses who appear before the Board. I. Hearings 1. Arbitration hearings shall be conducted in Indianapolis, Indiana unless the Company and the Union mutually agree to an alternate location. 2. The parties should attempt to agree on a statement of issue to present to the Board prior to the commencement of the hearing. Should they be unable to agree, both parties shall submit their version of a statement of issue and shall provide the other party no later than the day prior to the 26 arbitration with a copy of the statement of issue they intend to submit to the Board. 3. The parties should utilize joint exhibits whenever possible. J. General 1. All members of the Board shall be free to discharge their duties in an independent manner and witnesses shall be free to testify without fear of recrimination by either of the parties. 2. Each party will assume the expenses of its Board member, or alternate, and its own witnesses. 3. When it is mutually agreed that a stenographic transcript is to be made of a hearing, one-half the costs shall be borne equally by each party. Should one of the parties have stenographic transcript made, that party shall pay the complete cost of the transcript. The other party shall, however, be provided with a copy of the transcript upon request by paying one-half of the costs. 4. Costs associated with a hearing (e.g. hearing room rental, the arbitrator's fees and expenses) shall be borne equally by the Company and the Union. 27 SECTION 14 UNION SECURITY A. Conditions 1. Each employee now or hereafter employed as a Flight Dispatcher under this Agreement shall, as a condition of continued employment in such work, within sixty (60) days following the beginning of such employment or the effective date of this Section, whichever is later, become a member of, and thereafter maintain membership in good standing (as herein defined) in the Union, except as provided otherwise herein. Such condition shall not apply with respect to any employee to whom such membership is not available upon the same terms and conditions as are generally applicable to any other member of his/her classification, or with respect to any employee to whom membership is denied or terminated for any reason other than the failure of the employee to tender the dues uniformly required of other members of his/her classification as a condition of acquiring or retaining membership. 2. The condition of payment shall be met if the amount due is tendered to the Treasurer of the Union in person or is mailed to him/her within the prescribed time limits. 3. For the purpose of this Section, "membership in good standing in the Union" shall consist of the payment by the employee, not later than the last day of the second following calendar month, of dues for each calendar month, initiation fees and assessments (not including fines and penalties), which are uniformly required of his/her classification as a condition of acquiring or retaining membership. 4. The employee may have his/her monthly membership dues deducted from his/her earnings as provided in paragraph B1 of this Section, or he/she may pay his/her membership dues directly to the Union. Initiation fees must be paid directly to the Union. 5. Any employee who fails to voluntarily acquire and maintain membership in the Union shall not be required, as a condition of continued employment, to become a member of the Union as set out in this section. Such employee shall be required, beginning sixty (60) says following the beginning of employment as a Flight Dispatcher or the effective date of this Section, whichever is later, to pay the Union each month a service charge equal to the Union's regular and usual dues. Any such employee who, subsequent to the effective date of this Section and during the term of this Agreement, joins the Union, must thereafter maintain his/her membership in the Union as provided in this Section. 28 6. Notwithstanding any other provisions contained in this Agreement, if any person is transferred or promoted to a position in which he/she is not covered by this Agreement, the provisions of this Section shall be inoperative as to such employee. This paragraph shall not apply to an employee who is transferred or promoted on a "Temporary" or "Acting" basis. 7. When any person holding seniority under this Agreement returns to a position covered by this Agreement from furlough, leave of absence, military leave, or a position in which he/she was not covered by this Agreement, the appropriate provisions of this Section shall, at time of return, apply in the same manner as if he/she had been actively employed in such position on the effective date of this Section. 8. When an employee becomes delinquent by not meeting the requirements of this Section for "membership in good standing in the Union," or paragraph 5 above, the following procedure shall be observed. (a) The Treasurer of the Union shall notify the employee by certified mail, return receipt requested, copy to the Company's Vice President-Flight Operations, that the employee is delinquent in the payment of dues as specified herein and accordingly is subject to discharge as an employee of the Company. Such letter shall also notify the employee that he/she make the required payments within thirty (30) calendar days of the date of mailing of the notice or be subject to discharge under the terms of this Agreement. If the notice above is not received by the employee or is delayed in reaching such employee as the result of the employee's failure to keep both the Company and the Union informed as to his correct mailing address, no extension in the time limit specified in the original notice is required. (b) Upon the expiration of the thirty (30) day period following the mailing of the notice in subsection 8(a) above, if the employee still remains delinquent the Treasurer of the Union may certify in writing to the Company's Vice President-Flight Operations that the employee has failed to make the required payment within the thirty (30) day grace period and is, therefore, to be discharged. (c) Within fifteen (15) days after receipt by the Company of the Union's certified notice in subsection 8(b) above that the employee is to be discharged, the Company shall discharge the employee from its services for failure to pay or to tender dues or service charges as required under this Section. 9. Appeal (a) If the employee discharged or to be discharged under this Section contends that he/she is not properly subject to discharge under the terms of this 29 Section he/she may protest such action to the Chautauqua Flight Dispatcher's System Board of Adjustment provided that such protest in writing is mailed to the Board within (10) days after the date the employee is notified of such action. This protest shall be submitted in duplicate to the Chairman of the System Board of Adjustment, with one copy to be mailed of the Vice President-Flight Operations, at such address as he/she may from time to time designate, and the other copy to be mailed in care of the Treasurer of the Union. The letter to the Chairman of the Board and both copies shall be sent by registered mail, return receipt requested. In the event no protest is so filed within the above time limits, the action will be considered as proper and will be final and binding upon all parties concerned. Within thirty (30) days of receipt of such a protest, the System Board of Adjustment will meet and consider the dispute. A representative of the Company, a representative of the Union, and the employee affected will be allowed to present to the Board all evidence and argument pertinent to the issue. Prior to the expiration of the workday following such Board meeting, the Board will issue either a majority decision or a notice of deadlock. If a majority decision is issued, it will be final and binding upon all parties concerned. If a deadlock is reached, and if at the time of the deadlock the Board cannot agree upon a neutral to sit with the Board to decide the dispute, the Board will immediately request the National Mediation Board to appoint a neutral, and the Board will meet with him/her at the earliest opportunity and decide the dispute. At the meeting the Board, sitting with a neutral, a representative of the Company, a representative of the Union, and the employee affected, will be allowed to present to the Board all evidence and arguments pertinent to the issue. A majority decision of the Board, including the neutral, will be issued within thirty (30) days after such meeting and will be final and binding upon all parties concerned. The expenses and reasonable compensation of the neutral selected as provided herein shall be borne equally by the parties to this Agreement. (b) The provisions of Section 12 shall not apply to disputes arising under this Section, and the provisions of this Agreement establishing a System Board of Adjustment shall apply to such disputes except as they are superseded by the above provisions relating to procedure for handling disputes. (c) The effective date of an employee's discharge under this Section will be held in abeyance during the time that a dispute is unsettled as to whether or not the individual is properly employed under the provisions of the Section. If a decision is made that the employee should be discharged, the discharge shall be effected the day following the issuance of the decision. In the event a reduction in force occurs during such time as an employee's status is being protested under the provisions of this Section, such employees will considered as having seniority under this Agreement for purposes of effecting the reduction. 30 10. Time limits specified in this Section may be extended in individual cases only, and then only by written agreement between the Company and the Union. 11. An employee discharged under the provisions of this Section shall be deemed to have been "discharged for just cause" within the meaning of the terms of this Agreement. 12. All letters and notices provided for by this Section shall be sent by registered mail, return receipt requested. Such letters and notices or copies sent to the Union shall be addressed to the Treasurer of the Union at such address as he/she may from time to time designate. Such letters and notices or copies sent to the Company shall be addressed to the Company's Vice President-Flight Operations at such address as he/she may from time to time designate. 13. Nothing in this Section shall require the Company to terminate the employment of any employee until the services of a qualified replacement are available except that the provisions of this paragraph will not permit the Company to retain an employee in its employment in excess of ninety (90) calendar days from the date of the Union's notice given pursuant to the paragraph A(8)(c) of this Section. 14. For the purposes of this Section, when an employee is discharged or resigns and he/she returns more than twelve (12) months from the date of discharge or resignation, he/she will be considered as a new employee for purposes of this Agreement. 15. Both the Union and the Company, or either of them, shall have the right at any time, to notify individual employees directly of any provisions of this Agreement. 16. When new employees are hired or transferred into classifications covered by this Agreement the Company will furnish monthly to the Union the names, classification, point of employment and payroll register number of such new employees. The Company will furnish to the Union the names, present and previous classification, point of employment and payroll register number of all employees who may transfer out of classifications covered by this Agreement; in addition, the Company will furnish to the Union the names, location, payroll register number and status of employees covered by this Agreement who terminate their payroll status for any reason, such listing will be furnished monthly. B. DUES CHECK - OFF 1. During the life of this Agreement the Company will deduct from the pay of each Flight Dispatcher and remit to the Union monthly membership dues or service charges uniformly levied in accordance with the Railway Labor Act, as amended, and the constitution and bylaws of the Union, provided such Flight Dispatcher voluntarily executes the agreed form, which is hereinafter included in this Agreement to be known as "check-off form," which shall be prepared and furnished 31 by the Union. The Company will not be required to deduct monthly membership dues from the pay of employees covered by this Agreement unless the Company has received a check-off form and has not received a notice of revocation thereof. ASSIGNMENT AND AUTHORIZATION FOR CHECK-OFF UNION DUES TO CHAUTAUQUA AIRLINES I, ___________, hereby assign to the Transport Workers Union of America, AFL-CIO, Union dues from any wages earned or to be earned by me as your employee and authorize and direct you to deduct the sum of $___________ each month, which are the monthly membership dues (or such monthly membership dues as may hereinafter be established by the Union as dues for employees in my present or future classification under the Agreement upon notification to the Company by the Treasurer of the Union) from one pay check per month and to remit same to the Treasurer of the Union. This assignment and authorization may be revoked by me in writing after the expiration of one (1) year from this date, or upon the termination date of the applicable collective bargaining agreement between CHAUTAUQUA AIRLINES, and the Union in effect at the time this is signed, whichever occurs sooner. This authorization and direction is made subject to the provisions of the Railway Labor Act, as amended, and in accordance with existing Agreement between the Union and the Company. Employee Payroll No. Job Classification Department Location Date Signature of Employee Street Address City and State 2. When a Flight Dispatcher properly executes such check-off form, the Treasurer of the Union shall forward the original signed copy to the Company's Manager - Payroll. A check-off form must be completed in a legible manner or it will be returned to the Treasurer of the Union for correction. Any notice of revocation as provided for in this Section or the Railway Labor Act, as amended, must be in writing, signed by the employee and two copies delivered by registered or certified mail, addressed to the Treasurer of the Union. Dues deductions will be continued 32 until one (1) copy of such notice of revocation is received by the Company's Manager - Payroll, from the Treasurer of the Union. Check-off forms and notices received by the Company's Manager - Payroll will be stamp-dated on the date received and will constitute notice to the Company on the date received and not when mailed. 3. When a check-off form, as specified herein, is received by the Manager - Payroll fifteen (15) days or more before the issuing date of the first bi-weekly paycheck of the month, deductions will commence with such paycheck and continue thereafter until revoked or canceled as provided in this Section. The Company will remit to the Union a check in payment of all dues collected as soon after the payday on which deductions were made, as practicable and within thirty (30) days. The Company remittance of Union membership dues to the office of the Treasurer of the Union will be accompanied by two (2) copies of a list for each location which includes (1) names, (2) employee register numbers and (3) individual amounts deducted. 4. An employee who has executed a check-off form and who has been (1) transferred or promoted to a job not covered by this Agreement, (excluding transfers or promotions on a "Temporary" or "Acting" basis), (2) who has taken a leave of absence without pay, (3) who quits or resigns from the Company, (4) who is laid off, or is (5) otherwise terminated from the employ of the Company, shall be deemed to have automatically revoked his/her assignment as of the date of such action and if he/she (1) transfers back or returns to a job covered by this Agreement, (2) returns from leave of absence, (3) is rehired, (4) is recalled or (5) re-employed, further deductions of Union dues will be made only upon execution and receipt of another check-off form. 5. Collection of initiation fees, as well as any back dues or service charges owed at the time of starting deductions for an employee, collection of dues or service charges missed because the employee's earnings were not sufficient to cover the payment of dues for a particular pay period, and collection of dues or service charges missed because of accidental errors in the accounting procedure, will be the responsibility of the Union and will not be the subject of payroll deduction. It will be the Union's responsibility to verify apparent errors with the individual Union member before the representative contacts the Company's Manager - Payroll. 6. Deductions of membership dues shall be made from one (1) paycheck each month provided there is a balance in the paycheck sufficient to cover the amount after all other deductions authorized by the employee or required by law have been justified. In the event of termination of employment, there shall be no obligation of the Company to collect dues until all such other deductions (including money claims of the Company and the Credit Union) have been made, and such obligation to collect dues shall not extend beyond the pay period in which the employee's last day of work occurs. 33 C. General 1. This Section shall be in force only so long as the Union continues as the recognized representative of the employees under this Agreement. 2. The Company shall not be liable for any wages or other claims (including discharge) of any Flight Dispatcher which may result from action taken by the Company pursuant to a written order by an employee or an authorized Union representative under the terms of this Section. 3. As used herein, the word "Union" means Local 540, and "Treasurer of the Union" means Treasurer of Local 540 where applicable. 34 SECTON 15 GENERAL A. The Company shall share the expense of providing each Flight Dispatcher with a bound, printed copy of this Agreement with the union. B. All orders to and requests from a Flight Dispatcher involving transfers, promotions, demotions, layoff, re-employment, leaves of absence, or anything affecting his/her pay or status, shall be writing. C. The Company will meet with the Union to review new technology that the Company may introduce that directly relates to the Flight Dispatcher position. D. For the term of this Agreement, neither the Union nor any employees represented by the Union will authorize, support or engage in any strikes, work stoppages, slowdowns, job actions (including any sympathy strike or refusal to cross picket lines established by other unions) directed against the Company. The Company reserves the right to discipline, up to and including discharge, any employee who violates any portion of this provision. Further, the Company shall not cause, permit, or engage in any lockout of its Flight Dispatchers during the term of this Agreement. E. Should any part hereof or any provisions herein contained be rendered invalid by reason of any existing or subsequently enacted legislation or act of any authorized agency of government or by any decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions thereof, and they shall remain in full force and effect. Upon the request of either party hereto, subsequent to any such invalidation, the Company and the Union shall meet to discuss whether any modifications to this Agreement are necessary. F. A Flight Dispatcher shall be permitted to attend any formal investigation of a Chautauqua aircraft incident or accident, as such terms are defined by the NTSB, in which a Flight Dispatcher is believed to be involved. G. The Company shall provide space for a Union bulletin board in the general work area of the Flight Dispatchers. Such bulletin board must be lockable and shall be for the exclusive use of the Union. Materials posted shall be limited to official Union business and shall not contain any editorial material contrary to the interests of the Company. H. Flight Dispatchers will be afforded travel benefits similar to those extended to other employee groups as established by company policy as may be amended by 35 the Company from time-to-time. Whenever the Company intends to modify its online employee travel policy it shall provide the Union thirty (30) days notice of the change. The Union will have an opportunity to comment on the change and such comments will be considered by the Company. The Company shall make available to Flight Dispatchers, each year, a list of carriers with which it has jumpseat agreements. I. Flight Dispatchers who at the time of retirement are covered by this Agreement shall receive retiree travel privileges in accordance with the Company's Employee Handbook. J. Flight Dispatchers who are furloughed/severed under the terms of this Agreement, as the result of a reduction in force will be granted, upon request, one (1) free round trip space available pass on Company aircraft for the purpose of seeking employment. Such pass may be to any point on the Company's system within the continental limits of the United States, to the extent permitted by law. K. In accordance with applicable law, there shall be no discrimination against Flight Dispatchers covered by this Agreement because of race, color, creed, national origin, religion, sex, age, handicap or disability, or veteran status (including Vietnam era veteran and special disabled veteran status). L. The Section Chairman or alternate designee performing official Union business shall be granted time off from work to a maximum aggregate of 96 unpaid hours per calendar year. All time granted will be contingent upon there being adequate schedule coverage. M. The Company will continue providing for direct deposit (electronic transfer) of paychecks. N. Flight Dispatchers covered under this Agreement shall be given time off for jury duty as per applicable state law. Time off will be without pay unless the applicable state law changes. O. Flight Dispatchers shall be authorized to occupy cockpit jumpseats on Company aircraft in accordance with the provisions of the Company's General Operations Manual. Chautauqua Flight Dispatchers will have higher priority than pilots and dispatchers employed by other carriers. P. The Company will continue to provide the Flight Dispatchers with free parking at their work location. Q. Upon written request to the Dispatch Manager, a Flight Dispatcher's complete personnel file will be made available to him/her during regular business hours. 36 R. The Company will not use discipline letters more than three (3) years old during the grievance process involving a Flight Dispatcher. S. The Company will allow an opportunity for input from the Union regarding functionality and ergonomics before introducing new equipment or new furniture into the Dispatch Office, or before the Company relocates the Dispatch Office. T. No Flight Dispatcher covered under this Agreement shall be required to perform the duties of employees who are conducting a legal strike or other job action against the Company. 37 SECTION 16 DURATION This Agreement shall become effective upon signing and shall continue in full force and effect through February 19, 2007 and shall renew itself for yearly periods 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 not sooner than one-hundred twenty (120) days but not less than sixty (60) days prior to February 19, 2007 or a subsequent anniversary of such date, unless the parties mutually agree otherwise. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 18th day of February 2001. For CHAUTAUQUA, AIRLINES INC. For THE TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO By: /s/ Wayne Heller By: /s/ David Durkin --------------------------------- --------------------------------- Wayne Heller David Durkin Vice President, TWU Local 540, Flight Operations President 38 LETTER OF AGREEMENT between CHAUTAUQUA AIRLINES, INC. and THE FLIGHT DISPATCHERS in the service of CHAUTAUQUA AIRLINES, INC. as represented by TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO OVERTIME The letter shall serve as a temporary agreement between the parties above to provide interim relief while new dispatchers are being trained. 1. During the month of September 2000, Flight Dispatcher and Dispatch Coordinator shifts worked on overtime shall be paid at the rate of time and one half, with an additional stipend of $60.00 per day. 2. If, in the event that a staffing situation continues to exist at the end of September 2000, the Union and the Company shall meet to discuss an extension. AGREED AND ACCEPTED: /s/ David Durkin /s/ Wayne Heller - ---------------------------------- --------------------------------- By: David Durkin Wayne Heller President Vice President, Flight Operations Transport Workers Union, Local 540 Chautauqua Airlines, Inc. 39 LETTER OF AGREEMENT between CHAUTAUQUA AIRLINES, INC. and THE FLIGHT DISPATCHERS in the service of CHAUTAUQUA AIRLINES, INC. as represented by TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO COMPENSATION SCALE The letter shall serve as an agreement between the parties mentioned above as to the minimum base rates of pay for the Flight Dispatchers of Chautauqua Airlines, Inc. that will go into effect on February 19, 2006.
AGREED AND ACCEPTED: /s/ David Durkin /s/ Wayne Heller - ----------------------------------- ----------------------------------- By: David Durkin Wayne Heller President Vice President, Flight Operations Transport Workers Union, Local 540 Chautauqua Airlines, Inc. 40 LETTER OF AGREEMENT between CHAUTAUQUA AIRLINES, INC. and THE FLIGHT DISPATCHERS in the service of CHAUTAUQUA AIRLINES, INC. as represented by TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO FILLING OF VACANCIES This Letter shall serve as an agreement between the parties mentioned for the policies to be followed in the event that Flight Dispatcher vacancies need to be filled. A. Filling of Vacant Work Schedules 1. A Permanent Vacancy on a fixed or rotating Work Schedule shall be filled by awarding the bid of the most senior Flight Dispatcher who had bid to move to the open Work Schedule. Any fixed or rotating Work Schedule opened by the award of such bid shall be filled by the most senior Relief Dispatcher who desires to move to the open fixed or rotating Work Schedule. Should there be no bids and should no Relief Dispatcher wish to move to the open fixed or rotating Work Schedule, the Company may assign the most junior qualified Relief Dispatcher to the open Work Schedule. 2. A vacancy that is expected to last less than sixty (60) days shall be considered a temporary vacancy and will be filled using Relief Dispatchers. 3. The selection of Flight Dispatchers to fill Special Assignment Work Schedules shall be the sole decision of the Company from among those Flight Dispatchers who have indicated their desire for the Special Assignment. Should no Flight Dispatcher express an interest for a particular Special Assignment and the Company deems it necessary to fill the Special Assignment, the most junior qualified Flight Dispatcher may be assigned. AGREED AND ACCEPTED: /s/ David Durkin /s/ Wayne Heller - ---------------------------------- ----------------------------------- By: David Durkin By: Wayne Heller President Vice President, Flight Operations Transport Workers Union, Local 540 Chautauqua Airlines, Inc. 41
