LETTER OF AGREEMENT

between

US AIRWAYS, INC.

and

THE ASSOCIATION OF FLIGHT ATTENDANTS –

COMMUNICATION WORKERS OF AMERICA

THE ASSIGNMENT OF NOT FAR LEGAL (“NFL”) DAYS

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-CWA, AFL ‑ CIO (hereinafter referred to as the “Union”).

  1.       On September 12, 2006 US Airways and the Association of Flight Attendants were advised by the FAA that, effective October 1, 2006 , time spent on call would not constitute time free from all restraint or duty for purposes of FAR 121.467.   FAR 121.467 (“FAR”) states that the Company must provide each Flight Attendant with at least twenty-four (24) consecutive hours “free of all restraint or duty” during any seven (7) consecutive calendar day period.  The twenty-four (24) consecutive hours free from duty does not have to be a calendar day but can be scheduled from trip release to trip report. According to FAA interpretation, the twenty-four consecutive hours does not have to be in domicile. 

  2.   As a result of this change in the application of the FAR, on-call/reserve duty time from home (“ AVL ”) and duty time, including on premise reserve (“OPR”) duty at the airport, do not constitute time free from all restraint or duty.

3.  If as a result of month to month transition conflicts or other unscheduled conflicts that would cause a Flight Attendant to remain on duty/on call for seven (7) consecutive calendar days or more without twenty-four (24) consecutive hours free from all restraint or duty, the Company and AFA have agreed to the following to ensure compliance with this application of the FAR:

a.       After Reserve lines are awarded, Crew Scheduling shall contact, within a four day window, any Reserve Flight Attendant who is scheduled for more than six consecutive (6) calendar days of duty periods, training or reserve duty (“ AVL ”) to assign an NFL day.

b.       Once the NFL day is assigned, Crew Scheduling shall continue to contact the Reserve Flight Attendant, pursuant to the provisions  of Section 11 in the Agreement signed January 10, 2005 , prior to the NFL day regarding available trips in open time.  Upon contact from Crew Scheduling, the Reserve Flight Attendant may elect to fly any trip for which she/he is eligible and move her/his NFL day to accommodate the trip, provided the trip does not require her/him to be on duty/on call for seven (7) consecutive calendar days without twenty-four (24) consecutive hours free from duty.  Crew Scheduling shall move the NFL day to the day following the termination of the assignment.  The process of assigning of trips to the Flight Attendant on the rescheduled NFL day will be the same as for the original NFL day.

c.       Such Reserve Flight Attendant may also elect to fly a trip for which she/he is eligible and that terminates prior to the scheduled NFL day, remain on call (ROC) or split a trip in open time so that it does not conflict with her/his  NFL day.  If a Reserve Flight Attendant elects to split a trip to satisfy the FAR rest legality requirement, the trip split is not required to be in the Flight Attendant’s domicile.

d.       If a Reserve Flight Attendant elects to be available for trips that report on the day scheduled as an NFL day, with the exception of the 7th consecutive calendar duty/on call day,  she/he must advise Crew Scheduling prior to the NFL day and request to be contacted in least time order (“LTO”) for any available trip for that day.  Failure of the Reserve Flight Attendant to contact Crew Scheduling requesting to be available on her/his NFL day shall result in the Reserve Flight Attendant not being placed on the contact list for that day.

e.       If the Reserve Flight Attendant is not awarded a trip from Future Scheduling, she/he may elect to remain on call pursuant to the daily reserve assignment provisions of Section 11.C. and the Flight Attendant may leave a list of pairings as provided in Section 11.A.6.  This election shall not require the Reserve Flight Attendant to call or respond to a call from Crew Scheduling or to accept a trip if she/he responds to a call.   At any time the Reserve Flight Attendant may remove herself/himself from available status.  If no trip is awarded, the NFL day will remain intact.

f.    An NFL day on which a Flight Attendant does not fly shall constitute the Reserve Flight Attendant’s twenty-four (24) consecutive hours free from all restraint and duty.   A Flight Attendant will not be required to be on call, answer the phone, or otherwise be in contact with the Company on a scheduled NFL Day. 

                  4. This Letter of Agreement shall become effective as of the date it is signed  and  shall remain in full force and effect concurrent with the duration of the Agreement signed  January 10, 2005 .

 

FOR THE ASSOCIATION OF                                         FOR US AIRWAYS, INC.

FLIGHT ATTENDANTS-CWA, AFL - CIO

_________________________                                  _________________________

Patricia A. Friend                                                         

International President                                      

Association of Flight Attendants-CWA,                               US Airways, Inc.

  AFL - CIO        

WITNESS:

_________________________                                  _________________________

Mike Flores                                                                    

MEC President                                               

_________________________                                  _________________________

Carol Austin

MEC Scheduling Committee Chair

_________________________

Sherri Baker

MEC Reserve Committee Chair                              

 

_________________________                                 

Clare Burt

Manager of Collective Bargaining

________________________

Joe Burns

Staff Negotiator/Attorney