Section 18 - Reduction in Personnel

SECTION 18

REDUCTION IN PERSONNEL

18.A.

Prior to announcing or implementing any involuntary reduction in Flight Attendant personnel, the Company shall notify and confer with the MEC President/designee. The Company shall provide the MEC President/designee with the relevant information including the total number of headcount reduction and the expected date of the announcement. Following such conference the Company shall:

18.A.1.

Post the number of involuntary furloughs the Company is projecting, the effective date of the involuntary furlough and the seniority number of the most junior person who is not impacted by the involuntary furlough. Such posting must be made at least sixty days (60) or greater if required by law, prior to the effective date of the involuntary furlough.  However, when there is temporarily no work because of an Act of God, a war emergency, revocation of the Company’s operation certificate or certificates, the grounding of a substantial number of Company aircraft, labor dispute, or other circumstances over which the Company has no control, less notice may be given. For the purpose of this Paragraph, over-staffing of Flight Attendants, flight interruptions or cancellations because of weather conditions are not considered circumstances over which the Company has no control. 

18.A.2. 

Offer and award in system seniority order voluntary furloughs to those Flight Attendants senior to the most senior Flight Attendant who would otherwise be involuntarily furloughed. The number of Flight Attendants to be involuntarily furloughed will be reduced based on the number of voluntary furlough requests granted and any other voluntary headcount reduction programs.

18.A.2.

The posting period for voluntary furloughs shall be agreed upon by the Company and Union Such posting shall include instructions for submitting bids and the specified duration of the voluntary furlough.

18.A.3.

A Flight Attendant who is awarded voluntary furlough shall:

18.A.3.a. 

Not be entitled to furlough pay, 

18.A.3.b.

Continue to accrue and retain seniority, 

18.A.3.c.

Be eligible for the same on-line pass benefits as an active Flight Attendant (except CJA),

18.A.3.d.

Receive Medical and Dental insurance coverage on the same basis as an active Flight Attendant,

18.A.3.e.

Be returned to the Base from which voluntarily furloughed, provided their her/his Base status has not been effected by application of Section 17.J,

18.A.3.f.

Be allowed to return prior to the expiration of the voluntary furlough period, at their her/his request, for personal reasons due to hardship, with approval of the Company, and

18.A.3.g.

Paragraph E. of this Section applies to voluntary furloughs.

18.A.4.a.

In the event it is necessary to extend the specified duration or a further reduction in personnel is necessary, all voluntary furloughs must be rebid.

18.A.4.b.

If a recall is necessary prior to the termination of the specified duration of the voluntary furlough, recall will first be offered to those involuntarily furloughed in accordance with Paragraph D. F. of this Section.

18.A.4.c.

If a recall of voluntary furloughed Flight Attendants is necessary prior to the specified duration, recall will be in inverse order of seniority in accordance with Paragraph F. of this Section, unless otherwise agreed by the Company and Union.

18.B. INVOLUNTARY FURLOUGH

18.B.1. 

When it becomes necessary to furlough Flight Attendants due to reduction in force, at least thirty (30) calendar days’ notice of such reduction shall be given all Flight Attendants affected, provided, however, that when there is temporarily no work because of an Act of God, a war emergency, revocation of the Company’s operating certificate or certificates, the grounding of a substantial number of Company aircraft, labor dispute, or other circumstances over which the Company has no control, less notice may be given. For the purpose of this Paragraph, over-staffing of Flight Attendants, flight interruptions or cancellations because of weather conditions are not considered circumstances over which the Company has no control. 

18.B.2. 

Any reduction in Flight Attendants who have completed probation shall be in inverse order of system classification seniority, subject to Section 14. A furloughed Flight Attendant shall be re-employed in order of system classification seniority at the time of the furlough. A Flight Attendant recalled to a different Base will be eligible for moving expenses under the provisions of Section 26.

1. Recall to the Base from which furloughed will take precedence over any bids to that Base which may be on file. 

2. Recall to a different Base from which furloughed will not take precedence over bids on file to that Base. 

3. If vacancies do not exist at the Base from which the Flight Attendant was furloughed, or if the Base no longer exists, to the extent possible the following provisions shall apply: 

a. A choice of more than one Base shall be made available for preferencing. b. Vacancies shall be provided in Bases within the United States including its Territories (“U.S. Bases”) to accommodate all Flight Attendants furloughed from U.S. Base(s). Vacancies shall be offered in seniority order to those being recalled and eligible. 

c. Vacancies shall be provided in Base(s) other than the U.S. Bases (“International Bases”) to accommodate Flight Attendants furloughed from International Base(s). In addition, vacancies may be offered at U.S. Base(s). Vacancies shall be offered in seniority order to those being recalled and eligible. 

4. Flight Attendants will not be recalled to a Base(s) for which they are not able to meet the necessary immigration qualification. 

C. A probationary Flight Attendant who is furloughed rather than released, may within thirty (30) days replace the Flight Attendant most junior to her/him on the seniority list. Such transfer shall be without expense to the Company, but free contingent air transportation on the Company’s system shall be furnished to the extent permitted by law. 

D. When it becomes necessary to furlough Flight Attendants due to a reduction in force, at least thirty (30) calendar days’ notice of such reduction shall be given all Flight Attendants affected, provided, however, that when there is temporarily no work because of an Act of God, labor dispute, or other circumstances over which the Company has no control, Flight Attendants may be furloughed without advance notice. For the purpose of this Paragraph, over-staffing of Flight Attendants, flight interruptions or cancellations because of weather conditions are not considered circumstances over which the Company has no control. 

E. A Flight Attendant who has been furloughed due to reduction in force shall file her/his address with the Company and thereafter shall as soon as possible advise the Inflight Service Office of any change in address. The Company shall, as soon as practicable, furnish the MEC President or designee with these addresses and subsequent address changes. 

F. A Flight Attendant on furlough shall not be entitled to preference in re-employment if she/he does not comply with the requirement of Paragraph E. of this Section, or does not notify the Company by certified letter or by telegram of intention to return to the service within fourteen (14) days after receipt of notice offering to re-employ her/him or does not return to the service of the Company on or before the date specified in the notice offering re-employment. Such date shall not be less than thirty (30) days after such notice is sent by certified letter, return receipt requested, or by telegram to the Flight Attendant at the last address filed by her/him with the Inflight Service Office.

18.B.3.

A Flight Attendant furloughed due to reduction in force, on return to duty, shall be allowed, for seniority purposes, all time accrued prior to such furlough but shall not continue to accrue seniority during the period of furlough. Coverage under the Company’s Accident, Sickness and Dental Program shall be continued on the same basis as an active Flight Attendant for the first ninety (90) days of the furlough.

18.B.4.

All such furloughs shall expire at the end of six (6) years from the effective date of furlough and the Flight Attendant shall cease to have preference for re-employment.

18.C. RECALL FROM INVOLUNTARY FURLOUGH

18.C.1.

A furloughed Flight Attendant shall be re-employed in order of system classification seniority at the time of the furlough.

18.C.1.a.

A Flight Attendant shall not be recalled to a different Base from which the Flight Attendant was furloughed unless the Base has been closed or the Base is subject to a surplus and the Flight Attendant’s seniority would be subject to the surplus. 

18.C.1.b.

A Flight Attendant recalled to a different Base will be eligible for moving expenses under the provisions of Section 26.

18.C.2.

Recall to the Base from which furloughed will take precedence over any bids to that Base which may be on file.

18.C.3. 

Recall to a different Base from which furloughed will not take precedence over bids on file to that Base.

18.C.4.

If vacancies do not exist at the Base from which the Flight Attendant was furloughed, or if the Base no longer exists, to the extent possible the following provisions shall apply:

18.C.4.a.

A choice of more than one Base shall be made available for preferencing.

18.C.4.b.

Vacancies shall be provided in Bases within the United States including its Territories (“U.S. Bases”) to accommodate all Flight Attendants furloughed from U.S. Base(s). Vacancies shall be offered in seniority order to those being recalled and eligible.

18.C.4.c.

Vacancies shall be provided in Base(s) other than the U.S. Bases (“International Bases”) to accommodate Flight Attendants furloughed from International Base(s). In addition, vacancies may be offered at U.S. Base(s). Vacancies shall be offered in seniority order to those being recalled and eligible.

18.C.5.

Flight Attendants will not be recalled to a Base(s) for which they are not able to meet the necessary immigration qualification.

18.D.

A Flight Attendant who has been furloughed due to reduction in force shall file their address and current email address with the Company and thereafter shall as soon as possible advise the Company of any change in address or email address. The Company shall, as soon as practicable, furnish the MEC President or designee with these addresses and subsequent address changes.

18.E. PREFERENCE IN RE-EMPLOYMENT

A probationary Flight Attendant who is furloughed rather than released, may within thirty (30) days replace the Flight Attendant most junior to her/him on the seniority list. Such transfer shall be without expense to the Company, but free contingent air transportation on the Company’s system shall be furnished to the extent permitted by law.

18.D.

When it becomes necessary to furlough Flight Attendants due to a reduction in force, at least thirty (30) calendar days’ notice of such reduction shall be given all Flight Attendants affected, provided, however, that when there is temporarily no work because of an Act of God, labor dispute, or other circumstances over which the Company has no control, Flight Attendants may be furloughed without advance notice. For the purpose of this Paragraph, over-staffing of Flight Attendants, flight interruptions or cancellations because of weather conditions are not considered circumstances over which the Company has no control.

18.E.

A Flight Attendant who has been furloughed due to reduction in force shall file her/his address with the Company and thereafter shall as soon as possible advise the Inflight Service Office of any change in address. The Company shall, as soon as practicable, furnish the MEC President or designee with these addresses and subsequent address changes.

18.E.1.

A Flight Attendant on involuntary furlough shall not be entitled to preference in re-employment if they she/he does not:

18.E.1.a.

Comply with the requirement of Paragraph E. of this Section;,

18.E.1.b.

or does not Notify the Company by certified letter or by telegram of their intention to return to the service within fourteen (14) days after receipt of notice offering to re-employ them according to the process outlined in the Notice of Recall; or her/him or does not 

18.E.1.c.

Return to the service of the Company on or before the date specified in the Notice of Recall offering re-employment. Such date shall not be less than thirty (30) days after such notice is sent by email certified letter, return receipt requested, or by telegram to the Flight Attendant at the last email address filed by them her/him with the Company Inflight Service Office.

18.F.1.

A Flight Attendant involuntarily furloughed due to reduction in force, on return to duty, shall be allowed, for seniority purposes, all time accrued prior to such furlough but shall not continue to accrue seniority for all purposes, except pay and vacation accrual during the period of furlough. 

18.F.2.

A Flight Attendant who is involuntarily furloughed due to a reduction in force shall be eligible for the same on-line pass benefits as an active Flight Attendant (except CJA) for the first ninety (90) days of furlough.

Coverage under the Company’s Accident, Sickness and Dental Program shall be continued on the same basis as an active Flight Attendant for the first ninety (90) days of a furlough. All such furloughs shall expire at the end of six (6) years from the effective date of furlough and the Flight Attendant shall cease to have preference for re-employment.

18.G. FURLOUGH PAY

18.G.1.

A Flight Attendant covered by this Agreement who has completed one year of active service with the Company immediately prior to being laid off, through no fault or action of their her/his own, shall receive furlough pay as provided in Paragraph 2. below, subject to the limitations and conditions set forth herein, but shall receive no furlough pay if any one or more of the following conditions exist:

18.G.1.a.

They She/he accepts any other employment with the Company.

18.G.1.b.

The layoff is caused by an Act of God, a war emergency, revocation of the Company’s operating certificate or certificates, or the grounding of a substantial number of Company aircraft, a labor dispute, or other circumstances over which the Company has no control.

18.G.1.c.

The layoff is caused by a strike or picketing of the Company’s premises or any work stoppage or other action which would interrupt or interfere with any operations of the Company. 

18.G.1.d.

They are She/he is dismissed for cause, resigns or retires. 

There is a temporary cessation of work because of circumstances beyond the Company’s control.

18.G.2.

The amount of furlough pay due under this Paragraph shall be based on the length of active service with the Company and shall be computed on the basis of the Flight Attendant’s minimum monthly guarantee rate at time of layoff as follows: