Section 17 - Filling of Vacancies

SECTION 17

FILLING OF VACANCIES 

17.A. TRANSFER PROCEDURE

17.A.1.

A Flight Attendant desiring to transfer to a different Base may file a bid, through the Company’s automated system, stating the Base to which they she/he desires to transfer. Nothing herein shall prohibit two (2) Base bids from being on file by a Flight Attendant in preferential order. A Flight Attendant may withdraw their bid(s) at any time.

17.A.2.

When permanent Base vacancies occur, the Company will use the following process to fill the vacancy: the senior Flight Attendant who has a bid on file will be offered an opportunity to transfer and fill the vacancy. A Flight Attendant may withdraw her/his bid at any time prior to the time offered an opportunity to transfer. However, a Flight Attendant who refuses an opportunity to transfer in accordance with a bid shall not file another bid for a period of three (3) months from the date of refusing to transfer.

17.A.2.a.

The Company will announce the Base(s) to which they will be awarding transfers and capture the list of Flight Attendants who have a transfer bid on file. Flight Attendants who do not have a transfer bid on file for the Base(s) announced will not be eligible to enter a bid or be awarded a transfer to the Base(s) announced.

17.A.2.b.

Those Flight Attendants who have a transfer bid(s) on file to the Base(s) to which the Company has announced vacancies will be given seven (7) days to indicate whether they would accept or decline an offer of transfer.

17.A.2.b.(1).

A Flight Attendant who fails to indicate if they would accept or decline a transfer if offered will be treated as if they had declined the offer.

17.A.2.b.(2).

A Flight Attendant who indicates that they would decline an offer of transfer shall not be inhibited from being awarded a transfer in the future.

17.A.2.b.(3).

After the second time a Flight Attendant indicates that they would decline an offer of transfer, all transfer bids on file will be cleared and they shall be so notified. If they wish to be considered for transfer in the future, they will need to reenter their bid preference(s), however they shall not be inhibited from being awarded a transfer in the future.

17.A.2.c.

At the end of the seven-day period provided for in paragraph 17.A.2.b., above, the Company will award transfer to the announced Bases, in seniority order, to the Flight Attendants who have indicated that they would accept a transfer award.

17.A.2.c.(1).

When the Company announces that they are awarding transfers to only one Base for which a Flight Attendant has a bid on file and the Flight Attendant has indicated that they will accept an offer of transfer to that Base, the Flight Attendant shall be awarded the transfer if it is available and if they are senior enough to be awarded the transfer.

17.A.2.c.(2).

When a Flight Attendant has two bids on file and the Company announces they are awarding transfers to both of the Bases for which they have a bid on file, the Flight Attendant shall have the option to accept or decline either or both bids.

17.A.2.c.(3).

When a Flight Attendant has two bids on file and the Company announces they are awarding transfers to both of the Bases and the Flight Attendant has indicated that they would accept an offer of transfer to both Bases, their first preference shall be awarded if it is available and if they are senior enough to be awarded the transfer.

17.A.2.c.(4).

When the Flight Attendant has two bids on file and has indicated that they would accept an offer of transfer to both Bases, if their first preference is not available, or they are not senior enough to be awarded the transfer, their second preference shall be awarded, if it is available and if they are senior enough to be awarded the transfer.

17.A.2.c.(5).

When the Company announces they are awarding transfers to both of the Bases for which a Flight Attendant has a bid on file and the Flight Attendant has indicated that they would accept one of the offers of transfer and they would decline the other offer of transfer, the Flight Attendant shall be awarded a transfer to the Base for which they would have indicated they would accept an offer of transfer if it is available and if they are senior enough to be awarded the transfer.

17.A.2.d.

Once awarded, a transfer cannot be declined by the Flight Attendant, nor can it be rescinded by the Company, except in the case of an error in the award.

17.A.3.

Upon transfer, the Flight Attendant shall not be awarded file another bid for a period of six (6) months from the date of transfer (for example, a Flight Attendant who accepts a transfer with an effective date of March 1st will not be eligible to be awarded a subsequent transfer that has an effective date before September 1st), except:

17.A.3.a.

A Flight Attendant transferred under Paragraph K of this Section may bid back to the Base from which surplused, or be awarded a transfer to any Base, without having to wait six (6) months. A Flight Attendant who is awarded a transfer to another base will waive their rights under paragraph 17.J.4., below.

17.A.3.b.

A Flight Attendant recalled from furlough, under Sections 18.B. and 18.C., to a different Base from which furloughed may submit a bid to any Base without having to wait six (6) months.

17.A.4.

A Flight Attendant transferred to fill a vacancy shall be available to begin the assignment on the date set by the Company, which shall not be less than ten (10) days from the date notified of the assignment, except as provided in Section 15.A.5. A Flight Attendant shall be allowed a reasonable period between the time relieved of duties and time required to report at the new location. Such time shall be established in advance and shall be dependent upon the means of travel.

17.A.5.

A Flight Attendant on furlough status will have any existing bid(s) on file canceled. Upon return from inactive status, they she/ he may again submit a bid(s).

17.A.6

Once a Flight Attendant has submitted a transfer bid(s), their position on the transfer list(s) will be applied to the bid(s) on file and they will be able to view their relative position on the transfer list(s) to a specific Base(s) in the Company’s computer system. For example, if there are sixty (60) transfer bids on file for a specific Base, and the Flight Attendant submitting a bid would be ranked number 15 according to their seniority, the computer system would display the ranking as 15/60 where 15 represents the placement on the list and 60 represents the total number of transfer bids on file to that base.

17.A.7. 

In the event that a Flight Attendant has a transfer bid(s) on file and is inhibited from a transfer award in accordance with Section 17.A.3.b. above, such transfer bids shall be awarded after all non-inhibited transfers on file to that Base have been awarded and there are still vacancies. Flight Attendants who are subject to a transfer inhibit shall be ranked in seniority order after those without a transfer inhibit. 

17.A.8. 

Prior to the assignment of the new hires to a Base, all eligible, non-inhibited transfer bids on file to that Base shall be awarded. 

17.B. MOVING EXPENSES

17.B.1

Successful bidders on Flight Attendant assignments to newly established Bases shall be considered as transferred at Company request and Section 26 [Moving Expenses] of this Agreement 17 shall apply. 

17.C. ALTERNATE TRANSFER PROCEDURE 

17.C.1.

When no bids are on file or are received, the Company may request any Flight Attendant willing to accept the assignment, or may assign the most junior Flight Attendant qualified, to fill the vacancy subject to the provisions below: 

17.C.1.a.

No Flight Attendant assigned to a U.S. Base may be involuntarily assigned to an International Base.

17.C.1.b.

No Flight Attendant assigned to a Base outside the U.S. may be involuntarily assigned to a Base in any country for which they are she/he is unable to acquire the necessary immigration approval as provided for in Section 3.V. or meet the residency requirements.

17.D. BASE LOCATIONS

17.D.1.

The Company shall advise the MEC President in writing ninety (90) days before establishing or terminating a Base location. The recommendations of the Union shall be considered by the Company before making changes in the location of Bases.

17.D.2.

In the event of the geographical relocation by the Company of a portion of, or all of the Flight Attendants’ assignments from a particular Base, each Flight Attendant affected shall be considered transferred at Company request and Section 26 [Moving Expenses] of this Agreement shall apply. Such assignment must be filled by local bid at the Base so affected.

17.E. MINIMUM ELIGIBILITY 

Unless a lesser restriction is determined by the Company, a Flight Attendant shall be eligible to bid vacancies only upon completion of their her/his probationary period.

17.F. MUTUAL TRANSFERS 

When few or no vacancies exist on the system, the Company shall consider requests by the MEC President or designee that the Company honor mutual transfer requests by seniority.

17.G. MOVING PROVISIONS 

17.G.1.

Successful bidders on permanent Base transfers, Flight Attendants making mutual transfers by seniority with the approval of the Company, and Flight Attendants transferring in accordance with Paragraph I. of this Section shall pay their own moving expenses to their new Base location except that the Company shall furnish free contingent air transportation on the Company’s system for such Flight Attendants and their spouse and dependents to the extent permitted by law, and shall allow such Flight Attendants to ship up to one thousand (1000) five hundred (500) pounds of personal effects to the new Base as space available COMAT on Company aircraft.

17.G.2.

All Flight Attendants who have been assigned to their initial Base after Flight Attendant training shall be provided with the following:

17.G.2.a.

Free contingent air transportation for the Flight Attendant and their her/his spouse and dependents, if relocating, on the Company’s system to the extent permitted by law.

17.G.2.b.

Shipping allowances up to one thousand (1000) five hundred (500) pounds of personal effects to the new Base as space available COMAT on Company aircraft.

17.G.2.c.(1).

Free hotel accommodations at the new station for a period of seven (7) days, which may be extended on an individual basis by the Manager of Inflight Service.

17.G.2.c.(2).

The Company will make its best effort to arrange single room accommodations. If an insufficient number of single hotel rooms are available at the designated hotel to accommodate all such Flight Attendants, the Company agrees to make its best efforts to locate and arrange for single room accommodations at other equivalent hotels.

17.G.2.c.3.

If, however, despite the best efforts of the Company, it is unable to arrange single hotel rooms for all such Flight Attendants, double occupancy may then occur.

17.H. SETTLING TIME & MONTHLY GUARANTEE

17.H.1.

Upon arrival at a new Base, a Flight Attendant who voluntarily changes Bases, is involuntarily transferred, transfers to a newly established Base or is initially assigned will be allowed up to three (3) days at their her/his option for the purpose of settling, to be allowed at any time within twelve (12) months of the effective date of the new assignment. Such time may be delayed by the Company for not more than seven (7) days according to the needs of the service.

17.H.2.

A Flight Attendant who voluntarily changes Bases for the first time, is involuntarily transferred, transfers to a newly established Base within six (6) months following the date the Base is opened or is initially assigned, will be eligible for their her/ his normal monthly guarantee during the transfer and settlement period. For all subsequent voluntary changes of Base, with the exception of transfers to a newly established Base, a Lineholder’s guarantee will be reduced according to the scheduled flight time lost during the actual travel and settling time, and a Reserve’s guarantee will be reduced according to the scheduled days of availability missed during the actual travel and settling time.

17.I. EMERGENCY TRANSFER

When a Flight Attendant desires to change their vacate her/his Base assignment for personal reasons due to hardship, the request to temporary change vacate shall be considered jointly by the Managing Director Labor Relations or designee, and the MEC President or designee, and in accordance with their mutual agreement, a decision may be rendered, permitting such Flight Attendant to temporarily change vacate the assignment and be assigned to another Base on a temporary or permanent basis.

17.J. SURPLUS PROCEDURE

17.J.1.

The Company shall notify and confer with the MEC President or designee at least fifteen (15) days prior to bulletining a notice of surplus.

17.J.2.

If a surplus of Flight Attendants exists at any Base, the Company may move any Flight Attendants at that Base, who desire to move, in order of seniority from the Base at which the surplus exists or, if none desire to move, the Company may then move the surplus Flight Attendants out of such Base to other Base(s) in inverse order of seniority in accordance with the procedure outlined in Paragraph 3 below, notwithstanding Paragraphs A. and B. of this Section of the Agreement.

17.J.3.

A surplus at one or more Base(s) shall be considered to exist when the Company has posted notice of the surplus on the Flight Attendant bulletin boards at those Bases affected and all Bases across the system. The notice will be posted no fewer than forty-five (45) days before the effective date of report to a new Base and will include the vacancies determined by the Company across the system. The bulletin shall state the number of vacancies if more than one, location of the vacancy and the place where bids are to be sent and the last date on which they will be received. Such date will be a minimum of fifteen (15) days after the date a bulletin is posted.

17.J.3.a.

Flight Attendants deemed to be surplus will be permitted to put a bid on file for all Bases on the system.

17.J.3.b.

From the deadline date posted in the notice to surplus Flight Attendants the Company will begin to process transfers from the system on a seniority basis. Transfers will be processed to the vacancies posted in the surplus bulletin up to the posted surplus number.

17.J.3.c.

At the end of the fifteen (15) days of processing transfers in Paragraph b. above, the Company will then process any transfers filed by the Flight Attendants deemed to be surplus which have not been processed under the provisions of Paragraph b. above, to vacancies at those Bases posted in the surplus bulletin or to vacancies that have resulted from transfer activity.

17.J.3.d.

Any Flight Attendant transferring to fill such vacancy shall be available to begin the assignment on the date set by the Company, which shall not be less than fifteen (15) days from the date notified of the assignment.

17.J.3.e.

A Flight Attendant shall be allowed a reasonable travel time between the time relieved of their her/his duties until the time required to report at the new location. Such time shall be established in advance and shall be dependent upon the means of travel.

17.J.4.

A Flight Attendant who is declared surplus and is transferred to another Base shall have preferential right to return to their her/his former assignment when a vacancy occurs. Such preferential right shall not exceed five hundred forty (540) days and shall be exercised only for the first opportunity. During the initial one hundred eighty (180) days of such period, the Flight Attendant shall be given unlimited non-revenue space available (NRSA) business passes and two (2) round trip NRPS business passes per month for travel between the Base to which transferred and the former Base.

17.J.5.

The surplus procedures of Paragraph J. will not be used to address temporary or seasonal changes in flight activity.

17.K. SURPLUS AND RELOCATION BIDDING

17.K.1.

A Flight Attendant who must transfer because they are she/he is surplus or because of geographical relocation of Flight Attendant assignments may bid to another Base in accordance with Paragraph A. of this Section. If the bid is honored prior to the involuntary transfer, they she/he shall be considered as transferred at Company request and the moving expenses shall be paid by the Company (in accordance with Section 26 of this Agreement [Moving Expenses]) to the Base to which they she/he would have been assigned if their her/his involuntary transfer has been completed or to the Base bid, whichever is the closer.

17.K.2.

If after exhausting all of the options under the provisions of Section 18.B.3., the Company requires furloughed Flight Attendants to be recalled to a Base continent other than the one from which furloughed, the provisions of Section 26 shall apply to the transfer back to the Base continent from which furloughed.

17.L. INTERNATIONAL BASES

17.L.1.

Unless eligible under Section 26.A.2., a Flight Attendant will receive two (2) round trip NRSA SA1B (or its future equivalent), non-revenue, no charge, space available passes per month to be used by the employee, spouse and/or dependents during the initial one hundred eight (180) days after report. After the initial one hundred eighty (180) days, the Flight Attendant will receive one round trip NRPS PS5B (or its future equivalent), non-revenue positive space business pass annually in order to conduct personal business at the location of their former residence.

17.L.2.

The following provisions shall apply to Flight Attendants who must transfer from a Base outside the U.S. and its territories due to governmental restrictions:

17.L.2.a.

The Company will provide one (1) round trip PS5B (or its future equivalent), NRPS business pass for the purpose of “house-hunting” to each Flight Attendant, as well as spouse and dependents, between their her/his Base and their her/his new Base or place of permanent residence for use prior to their effective transfer date.

17.L.2.b.

Transferring Flight Attendants, as well as their spouse and dependents, will be provided one (1) one-way PS5B (or its future equivalent), NRPS business pass between their Base and their new Base or place of permanent residence for the purpose of this transfer. 

17.L.2.c.

Flight Attendants shall be permitted to ship up to one thousand (1,000) pounds of personal effects to the new Base as space available COMAT on Company aircraft.

17.L.2.d.

Deposits on homes, apartments or utilities in the Base outside the U.S., which are returned to the Flight Attendant will be exchanged into U.S. Dollars by the Company, subject to governmental limitations, if any. The exchange rate will be that used for the most recent paycheck issued prior to the individual’s date of transfer, and will be reimbursed at that time.

17.M. WORK VISA ISSUES

Flight Attendants who lose and/or are unable to maintain their legal ability to continue to work in the country in which they are based, and who are not covered by the provisions of above Paragraph L., will be subject to the following:

17.M.1.

The affected Flight Attendant will immediately provide the Company all documentation necessary to support their request to be accommodated at a Base location where they have the legal right to work. Such documentation must substantiate that the Flight Attendant took all necessary steps, on a timely basis, to maintain their ability to be based at their current Base location.

17.M.2.

If the Company determines that the documentation provided satisfies the requirements of above Paragraph 1., the Company will advise the AFA of the Flight Attendant’s transfer. 

17.M.3.

The Company will make the final determination as to the Base. The Flight Attendant(s) preference(s) will be considered in making such a determination. 

17.M.4.

The above procedures will not apply to any Flight Attendant who loses the right to work in their current Base location due to violation of local immigration law or violation of any other local law(s) that affects their ability to be based in that location.