between
US AIRWAYS, INC.
and the
FLIGHT ATTENDANTS
in the service of
US AIRWAYS, INC.
as represented by
ASSOCIATION OF FLIGHT ATTENDANTS
THIS LETTER OF AGREEMENT is made and entered into in accordance with the provisions of the Railway Labor Act, as amended, by and between US Airways, Inc. (hereinafter referred to as the "Company") and the flight attendants in the service of US Airways, Inc. as represented by the Association of Flight Attendants (hereinafter referred to as the Association").
WHEREAS, as a result of the flight attendant furloughs announced to date, the Company has agreed to offer Voluntary Furloughs that will include, at a minimum, the provisions outlined in Section 20.B of the Flight Attendant Agreement, as well as several enhancements that are noted below; and
WHEREAS, due to the unique circumstances that have required the furloughs, the following provisions are being offered on a non-precedent, non-referral basis; and.
WHEREAS, while it is anticipated that Voluntary Furloughs will be offered for the duration of time that flight attendants remain on furlough, the Company reserves the right to discontinue the Voluntary Furloughs at any time by providing advance written notice to the Association and to those flight attendants on Voluntary Furlough;
NOW THEREFORE, the parties agree as follows:
1. The Company will offer Voluntary Furloughs to active, available flight attendants who would not otherwise be furloughed so that flight attendants who would otherwise be involuntarily furloughed may remain active. In administering Voluntary Furloughs per this Agreement, a manning ratio will exist between the number of Voluntary Furloughs granted and the number of flight attendants either having a furlough rescinded or recalled from an inactive status due to furlough, such that if three 50-55 hour option flyers take a Voluntary Furlough, then two non-option flight attendants will be removed from the furlough list, and such that if two 100-105 hour option fliers take a Voluntary Furlough, then three non-option flight attendants will be removed from the furlough list.
2. Voluntary Furloughs will be for increments of six (6) months up to a total of thirty-six (36) months, commencing on December 2, 2001. In no case may a flight attendant be on a Voluntary Furlough beyond the December, 2004 bid month.
3. Voluntary Furloughs will be offered in System seniority order as staffing levels permit. Flight attendants who desire a Voluntary Furlough must submit a written request no later than October 25, 2001. Voluntary Furloughs will commence on December 2, 2001.
4. A flight attendant must be in active status as of December 2, 2001 in order to be eligible for Voluntary Furlough. Active status means that a flight attendant is actively flying the line or performing covered flight attendant duties.
5. Flight attendants on Voluntary Furlough are considered to be inactive for the duration of the Voluntary Furlough.
6. A flight attendant who desires to extend his/her Voluntary Furlough must request the extension no later than ninety (90) days prior to the expiration of the Voluntary Furlough. The Company will advise the flight attendant if the extension is approved no later than thirty (30) days prior to expiration of the Voluntary Furlough.
7. Flight attendants electing to take Voluntary Furloughs will have their current group health and welfare benefits (single, family, Domestic Partner, etc.) continued for the first two (2) years of the Voluntary Furlough. Thereafter, they will be permitted to continue these benefits by paying the full premium at the applicable group rates for the duration of their Voluntary Furlough.
8. On-line pass privileges (other than companion pass privileges) will continue for the duration of the Voluntary Furlough.
9. Flight attendants will continue to accrue seniority and longevity for all purposes (inclusive of bidding and pay) during such Voluntary Furloughs. Flight attendants will continue to accrue sick and vacation time for the first thirty (30) days of a Voluntary Furlough. A flight attendant will continue to accrue pension service credits for the duration of the Voluntary Furlough and may retire with benefits from Voluntary Furlough status, if otherwise eligible to do so.
10. A flight attendant who elects a Voluntary Furlough may opt to bank any accrued but unused vacation, or may have it paid out at the commencement of the leave.
11. A flight attendant who elects a Voluntary Furlough shall not be entitled to furlough pay.
12. Once a flight attendant commences a Voluntary Furlough, he/she will remain on Voluntary Furlough until its expiration. However, the Company reserves the right to terminate a Voluntary Furlough with a minimum of thirty (30) days notice, based on the projected staffing requirements, except that Section 19.J.1 will apply to a flight attendant on Voluntary Furlough.
13. If, as a result of a flight attendant returning from Voluntary Furlough, a junior flight attendant no longer has the seniority to hold a position, such junior flight attendant may be placed on furlough in accordance with Section 19 of the basic agreement until a vacancy becomes available.
14. A flight attendant on Voluntary Furlough shall provide the Company with a current address and telephone contact number at all times during the Voluntary Furlough.
15. A flight attendant returning from Voluntary Furlough will remain in unpaid status until the completion of any required training. The Company will endeavor to offer training classes whose completion coincides with the end of the Voluntary Furlough.
16. A flight attendant who would have been furloughed had it not been for this Voluntary Furlough program, and who is displaced as a result of staffing reductions will not be entitled to moving expenses in connection with such displacement but will be entitled to Settling Days in accordance with Section 5.E.1.
17. The Company will not contest any Unemployment Compensation claim filed by a flight attendant who elects a Voluntary Furlough pursuant to this agreement.
18. A flight attendant who is on Voluntary Furlough at the time of the Annual Option and/or Annual Vacation Bid may participate in those bids.
19. Nothing in this Letter shall permit a flight attendant to remain on Voluntary Furlough if a more senior flight attendant is on an involuntary furlough status.
20. This Letter of Agreement is reached without prejudice to either party's position on Section 1.E of the basic agreement, and is therefore implemented on a non-precedent, non-referral basis.
21. Although AFA has not, by executing this Letter of Agreement, waived its right to file a grievance challenging the Company's right to furlough certain flight attendants under the present circumstances, AFA agrees not to file any grievance challenging the Company's right to furlough when such furloughs are triggered solely by the return to active status of a flight attendant whose Voluntary Furlough has expired.
22. By offering these Voluntary Furloughs, the Company has fulfilled its obligations under Section 20.B of the basic agreement.
Please indicate your acceptance of the above by signing in the space below.
In Witness Whereof the parties have signed this Letter of Agreement
this 11th day of October, 2001.
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