Employee Shift Hours and Compensation Policy, Lecture notes of Business

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TENTATIVE AGREEMENTS BY AND BETWEEN BRITISH AIRWAYS AND THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS CUSTOMER SERVICES (NOTE: This document contains only those articles of the Collective Bargaining Agreement that were amended) -3- MEMORANDUM OF AGREEMENT BY AND BETWEEN BRITISH AIRWAYS AND THE INTERNATIONAL ASSOCIATION OF MACHINISTS The following Agreement is hereby entered into this 12th of September and 2014 (insert DOR) is in full and final settlement of all items covering contract proposals sub- mitted by and between BRITISH AIRWAYS and THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS covering the classifications of: REPRESENTATIVES Customer Service Experience Representative Associate Customer Experience Representative AGENTS Customer Service Experience Agent Associate Customer Service Experience Agent TELECOMMUNICATIONS Lead Telecommunications Officer (Maintenance) Telecommunications Officer (Maintenance) CARGO SALES ASSISTANT -73- are necessary, the Company will notify the committee and such changes will be posted and become effective immediately thereafter. (f) The right to hire; promote; discharge for cause; and to maintain efficiency of employees, is the sole responsibility of the Company except that employees will not be discriminated against because of Union membership or activities. In addition, it is understood and agreed that the routes to be flown; the equipment to be used; the location of plants; hangars, facilities, stations and offices; the scheduling of airplanes; the scheduling of overhauling, repair and servicing of equipment; the methods to be followed in the overhaul, repair and servicing of airplanes, are the sole and exclusive function and responsibility of the Company; provided the actions of the Company hereunder shall not conflict with the terms of this Agreement. It is the sole responsibility of management to staff areas covered by this agreement for the safe handling of aircraft. (g) Subject to State and Federal law, as an equal employment opportunity/affirmative action employer, British Airways does not discriminate against applicants or employees because of their age, race, color, religion, national origin, sex or on any other basis prohibited by law. Furthermore, British Airways will not discriminate against any applicant or employee because he or she is physically handicapped, a disabled veteran, or a veteran of the Vietnam era, provided he or she is qualified and meets the requirements established by British Airways. ARTICLE IV - CLASSIFICATION AND WORK REQUIREMENTS This Article will be read in conjunction with the Customer Services transition agreement in Appendix “B”. The following applies to all classifications: It shall be an objective of employees covered under this agreement to be polite, courteous and project a professional attitude toward the public. All classifications that work in direct contact with the public are expected to maintain a high standard of appearance. Employees will be required to attend training courses provided by the Company relevant to their job description. Where possible, dates convenient to the employee and the Company will be scheduled (this will not be in conflict with Appendix “B”). Employees will be responsible for familiarizing themselves with all Company rules and regulations pertaining to their duties governed by Article II (c). All employees will participate in on-the-job training of fellow employees when required within their job description. This will not replace formal training. CUSTOMER SERVICE EXPERIENCE REPRESENTATIVE (CER) (Note - The CER classification and work requirements are inclusive of the newly established Associate Customer Experience Representative found in a Letter of Agreement in the back of this CBA) -74- The Customer Service Experience Representative will encourage all Customer Service Experience employees to provide a consistent and superior level of service that promotes customer loyalty and future business. The work of a Customer Service Experience Representative shall be to supervise, direct, lead, instruct and assist the Customer Service Experience Agent classification including on-the-job training. In connection with this work he shall be responsible for the administration and application of the established policies and procedures of the Company relative to his job description. He may be required to perform the work of a Customer Service Experience Agent when necessary. He will also perform other duties as required or where may be assigneddirected by Management, relative to his job description. He will be required to obtain and maintain qualifications relevant to his job description. These qualifications will not be in conflict with those spelled out in the agreement. He will be given necessary time and the training to secure such qualifications and will not be penalized by the Company if it fails to provide or schedule the necessary training. A Customer Service Experience Representative who fails a course will be given necessary time and training as prescribed by the Company to prepare for a retest with no change in status or pay scale. The maximum number of retests will be two (2) for a total of three (3) tests. Operations Flight Planning and Flight Watch as required by British Airways for its aircraft operating to and from USA; and similarly for the aircraft of any Company for whom British Airways contracts to provide operational handling; for signalling pertaining to operational control service and pertaining to en route movements of such aircraft; for providing and preparing briefing information for pilots in flight and prior to departure; for arranging and ordering Flying Staff transport and accommodation and for liaising with Cashiers, on Flying Staff subsistence requirements and, when necessary, making cash payments to Flying Staff; for the preparation and dissemination of such operational advisories as are required internally by British Airways Sections and externally by Federal and other agencies; for performing all ancillary operational duties as may be required and as may be necessary to facilitate the safe, economic and efficient operation of aircraft, operating to and from USA and for carrying out the necessary action for the restoration of aircraft to normal service wherever disruption of aircraft/or Flying Staff occur. In addition, a qualified Representative shall provide such information including flight plans if required, pertinent to the safe economic and efficient operation of British Airways’ aircraft operating to and from other points as may be requested from time to time. Operations Support will be provided to our flying community as required by the operation on the day to ensure timely operational performance and delivery for customers. At JFK the functions of the Duty Room will be combined into the Customer Service Representative and Departure Control representative classification and work requirements with support from the Customer Service Agent classification. A qualified Representative will provide 24 hour coverage, and he will perform any and all functions for which he has been trained. -75- Duty Room activities:Duty operations functions. 1. Effective shift liaison with contractors providing a service to the British Airways operation. 2. Progress chasing on all operational matters to ensure an on time operation. 3. Acting as the conduit for information pertaining to the operation. 4. Receiving and processing general inquiries directed to the control group. 5. Providing hands on support when needed to deliver the product. 6. Duty room functions, such as but not limited to, gate allocation, FID’s, private aircraft handling, distribution of schedules, application for landing rights at JFK, PTS monitoring, emergency cash float etc. On stations other than JFK the following Operations duties will include: 1. Calculation of TOW and RTOW. 2. Completion of ICAO Flight Plan message. All work requiring an Ops II qualification on any outstation will revert to JFK until there is an Ops II qualified IAM employee on station. When on the occasions that there are more Customer Service Representatives rostered on duty than are required to cover the designated work areas as spelled out in Appendix “B”, the Representatives will work out amongst themselves the rotation of Customer Service Representative and Customer Service Agents duties to which they will be assigned. ASSOCIATE CUSTOMER SERVICE EXPERIENCE AGENT All Customer Service Experience Agents hired on or after September 12, 2014 will be classified as Associate Customer Service Experience Agents. All references to Customer Service Experience Agents in the CBA shall also be deemed to cover Associate Customer Service Experience Agents. CUSTOMER SERVICE EXPERIENCE AGENT The work of a Customer Service Experience Agent shall consist of all necessary actions to deliver for the customer at the first point of contact. It includes the following: Passenger Customer Service -– Where required, Hhandling inbound, outbound, and transit passengers customers on and off the station, basic ticketing, reservations in connection with on- station ticketing/reissues and on carriages, escort duties, documentation, handling and labeling of baggage and checking in passengerscustomers, interline transfers, clearing inbound and outbound ships papers, hotel duties, operation of the loading bridges, driving of Company vehicles assigned to Customer Services is required for anyone holding a valid drivers license. Load control - -78- (i.e. no Agents on overtime), the Company will first upgrade the senior Agent on duty from the training pool. The senior Agent in the pool must accept the CSR upgrade. If there are no Agents on duty who are in the pool the Company will replace the Representative by offering overtime to the Customer Service Experience Representative classification. If after complying with the above procedure the overtime requirement is not satisfied the senior qualified Agent on duty will be upgraded to Customer Service Experience Representative. The Company will maintain the following minimum numbers of full-time permanent staff at stations where BA self-handles, provided the operating schedule is in effect for a continuous period of greater than 7 months CSR CSA 1 flight station 2 2 2 flight station: 2 PM flights or 2 AM flights 2 6 2 flight station: 1 PM flight and 1 AM flight 3 4 3 flight station: 3 PM flights or 3 AM flights 3 11 3 flight station: 2 PM flights & 1 AM flight 4 9 3 flight station 1 PM flight & 2 AM flights 4 9 4 flight station: 4 PM flights or 4 AM flights 4 14 4 flight station: 3 PM flights & 1 AM flight 4 12 4 flight station: 1 AM flight & 3 PM flights 4 12 4 flight station: 2 PM flight & 2 AM flights 4 14 5 flight station: 5 PM flights or 5 AM flights 5 18 5 flight station: 4 PM flights & 1 AM flights 5 16 5 flight station: 1 PM flight & 4 AM flights 5 16 5 flight station: 2 PM flights & 3 AM flights 5 18 5 flight station: 3 PM flights & 2 AM flights 5 18 JFK 14 50 For purposes of the above schedule, 1 flight will consist of five (5) daily aircraft turns per week or any combination of flights that operate five (5) turns per week. An AM flight is defined as a flight with a departure time between 5:00AM and 11:00 AM. The Company will not reduce full-time staffing (CSR or CSA), at any location, as a result of the elimination of implementation of changes in thea station minimum staffing numbers. Any reduction in station minimum manning will be implemented at each station through attrition or where there is an unforeseen change in operating patterns based upon the operating schedule in effect as of the date of ratification (insert DOR). This protection will not apply where the Company closes a station or location. At JFK, Tthe ratio of Customer Service Experience Representatives to full-time and part- time Customer Service Experience Agents on duty shall be one (1) to sixteen (16). driven by operational efficiencies. Incumbent permanent Customer Service Experience Representatives who are in a Customer Service Experience Representative position at the date of ratification (insert DOR) will not be -79- involuntarily laid off as a result of the ratio increase to one (1) to sixteen (16) or one (1) to seventeen (17). removal of the ratios.The increased ratio will be implemented at each station as Customer Service Representatives transfer out of station, leave British Airways through attrition, retirement etc., or there is an unfore-seen change in operating patterns based upon the operating schedule in effect as of the date of ratification. This protection will not apply where the Company closes a station or location. It is understood that shifts without aircraft movements can be covered by Customer Service Experience Agents (full-time or part-time), not to exceed three (3) consecutive hours without a permanent Customer Service Experience Representative on duty. When the company determine there is a need for an additional When there is a shortage of Customer Service Representatives on duty the Company will first upgrade the senior Agent on duty from the training pool providing there are no Customer Service Agents working or scheduled to work overtime, providing this overtime is not driven solely by qualifications. The daily staff roster will be adjusted whenever possible to shift the overtime requirement to a non-qualified area by reallocating staff with the necessary qualifications. The senior Agent in the pool must accept the CSR upgrade. If there are no Agents on duty who are in the pool the Company will replace the Representative by offering overtime to the Customer Service Representative classification. If after complying with the above procedure the overtime requirement is not satisfied the senior qualified Agent on duty may be upgraded. In the event that the company decides to resume any of the activities specified in the classification descriptions of the Catering Representative and Catering Assistant (1983 Agreement), Customer Service Representative Cargo and Customer Service Agent Cargo, this work shall be undertaken by employees covered by the Customer Services Agreement. TELECOMMUNICATIONS Emergency is defined as an occurrence that is unforeseen and unplanned that has an adverse effect on the operation. Employees will be required to attend training courses provided by the Company and tailored to the Company’s needs and requirements. Where possible, dates convenient to the employee and the Company will be scheduled. LEAD TELECOMMUNICATIONS OFFICER (MAINTENANCE) The Lead Telecommunications Officer has the same duties and responsibilities as the Telecommunications Officer (Maintenance). In addition, he will lead and direct a team of Telecommunications Officers (Maintenance) and co-ordinate any changes that may take place in the terminal building at JFK to protect telecommunications services and equipment. -80- TELECOMMUNICATIONS OFFICER (MAINTENANCE) Reports to appropriate supervisor or his designated representative. Maintains written records and reports of all equipment incidents and action taken. Subject to shift work. Subject to emergency call out. Subject to frequent travel to locations in the USA to perform related work within this description. When installation or repair work is undertaken to telecommunications systems or equipment at JFK, the Telecommunications Officer (Maintenance) will take whatever action is appropriate to protect BA services and equipment. When designated by appropriate supervisor, will perform Network Control duties under the supervision of the appropriate supervisor. When designated by the appropriate supervisor, works with Logistics while at outstations. Duties consists of preventive, diagnostic and corrective maintenance on all equipment and systems for which the Telecommunications Department is responsible, excepting equipment under the manufacturers’ warranty, equipment historically on lease/rental/maintenance/agreement or where contract prohibits or limits their involvement. The equipment maintained by the Telecommunications staff at JFK will include but not be limited to FIDS system, the PA system, all computer terminal equipment for BA systems, the surveillance system, and all tele- phone equipment, except the telephone switch. Telecommunications staff will be responsible for coordinating and performing first line maintenance for BRS, Illuminating Concepts (excluding lighting) and radio maintenance systems. This will include replacements to the above systems. CARGO SALES ASSISTANT Employees currently in the classification of Cargo Sales Assistant will be reduced through attrition and the Company will not be contractually required to fill any vacancies that arise in the classification after November 26, 2002. The work of a Cargo Sales Assistant shall consist of answering Cargo Sales telephone calls, sending messages, handling administrative activity, maintaining office manuals, ordering office supplies for the Cargo Sales office, action and record AD 75s. A Cargo Sales Assistant may action export cargo reservations, action agency default and delinquent lists, interline pass requests and government order ticket applications, record and update statistics, maintain office sales records, update mailing lists, and generally act as a communicator for customers, sales representatives, and cargo operations staff. Cargo Sales Assistants may be required to call on customers and to attend customer and job-related functions. Initiative and communication skills are necessary qualifications for appointment to the position. -83- When an employee is assigned to a local training course, deviation will be as follows: During the work week preceding the training period, days off will be split so that the second day off always falls on the Sunday immediately preceding the first day of training. The employee will revert to his normal shift and days off in the calendar week succeeding the training period. Example: 1600-2359 Shift Tuesday and Wednesday off: M T W TH F S SU Week 1 X O X X X X O 1600-2359 Training X X X X X O O 0800-1600 Training X X X X X O O 0800-1600 Week 4 X O O X X X X 1600-2359 The Company may change the shift hours of an employee for the purpose of attending a course of less than 1 week’s duration provided that said employee receives at least 5 days notice, 12 hours rest prior to the 1st day of the course, and continues to earn his shift premium, if any, while on the course. When it is necessary to fill a vacancy caused by an employee being assigned to a training course, this will be done in accordance with Article IX, paragraph (k). Only in the event that a junior employee has to be assigned to the vacancy, will a premium be paid for 6th and 7th days worked at either end of the training period. The shift premium appropriate to the employee’s regular shift will be paid during periods of training irrespective of the hours of such training. Employees shall be permitted to select shifts according to seniority. To expedite bidding, employees who wish to bid a constant shift may file their permanent bid with the Company and this will be entered automatically on all new shift rosters. Bidding by employees to select shifts shall be done as rapidly as possible. In order to accomplish this, the bidding will be done in seniority order in groups of ten per day from the start of the bidding (designated bidding date). Example 1: Fifteen staff in seniority order (1-15) in the Agents classification have preference bids on file. Their names would be entered on the shift bid roster. On the designated bidding day, staff in seniority order (16-26) would bid etc. The roster would be adjusted by the Company accordingly before the next group of ten Agents filed their bids. It shall be the responsibility of the employee to place his bid on his designated day prior to the end of his shift. However, if an employee cannot bid on his designated date because he is on vacation, leave of absence, rostered off or otherwise off duty he will be given the option of choosing shifts in sequence of preference prior to his departure, after having been given the opportunity to view the roster being bid. -84- (c) It is agreed that shift premiums will be paid as follows: Shifts starting between 0600-1359 - no premium Shifts starting between 14:00-18:59 - 58 cents per hour Shifts starting between 1900-0559 - 63 cents per hour Shift premium pay shall be considered a part of the basic rate and shall be included in the computation of any overtime allowance. (See, Shift Premium Letter of Agreement). There shall be no requirement to have a midnight shift. Where there is work to be done which is covered by the IAM agreement, night shifts will be maintained. No employee's work shift shall start between the hours of 0100 and 0429. (d) Meal breaks -Employees in all classifications -Each shift will include an allowance of thirty (30) minutes for a paid meal break, to be taken between the beginning of the third hour and the end of the seventh hour from the commencement of the shift. Lunch periods will not be posted. Example: 0800 -1600 shift may be assigned lunch hours that start on or after 10:00 and must be completed by 1500. Employees who, because of the requirements of the service, are requested to start their lunch period outside the "lunch window", will be allowed a lunch period of equal length as close to the regular lunch period as possible and paid for same at straight time rate in additional to their regular time compensation. No lunch will be paid if it falls outside the employee's regular shift, in accordance with Article VI (a). (e)Shift rosters shall be posted two times a year. Due to operational require- ments, the Company may implement up to two (2) extra shift bids yearly. The Company must advise the Union thirty (30) days in advance if the additional shift bid option will be implemented. New Rosters shall be posted for one (1) week prior to bidding. The bidding shall be completed within two (2) weeks. The completed roster shall be post- ed for one (1) week before being implemented. (f) The regular starting and stopping times for work shifts will be scheduled and posted at each work unit and shall not be changed with less than five (5) calendar days’ notice to any employee affected by such change. (g) No employee will be called to work, or required to report to work for a shift of less than eight (8) hours work or pay therefor, except on a rostered day off where they may be called in for a minimum of four (4) hours. The employee will be advised at the time of the call if he/she is being called in for a four (4) hour overtime shift. If after arriving at work the employee is requested to stay longer than four hours, the decision to do so will be voluntarily made by such employee. The employee is only obligated to stay for the four hours he/she was originally called in for. -85- If during the call-in process the Company decides that they are going to increase the number of overtime hours being offered for work, they must go back to the beginning of the overtime list and start over. Example: The first four employees in low hour order are offered a four (4) hour RDO shift and they all decline. The fifth employee called is offered a six (6) hour RDO and accepts. This is not allowed. (gh) Except as otherwise provided herein, all employees will be granted a ten (10) minute rest period during the first half of their work shift and a ten (10) minute rest period during the second half of their work shift without loss of time, for the purpose of relaxation or smoking in designated areas. HOURS OF WORK - TELECOMMUNICATIONS (a) Eight (8) hours of service which shall include a meal break period of 30 minutes shall ordinarily constitute a work shift. The meal break to be taken between the beginning of the fourth hour and the end of the seventh hour from the commencement of the shift. (b) No employee will be called to work or required to report to work for a shift of less than eight (8) hours work or pay therefor. Any employee called to work or permitted to come to work when there is temporarily no work due to an Act of God or circumstances over which the Company has no control, including legal strikes involving personnel of the Company, shall receive a minimum of four (4) hours pay at the regular hourly rate, unless notified that there will be no work at the close of the last shift he worked, or sixteen (16) hours before the start of his regular work shift, whichever period is the shorter. (c) Five work shifts of eight (8) hours worked on consecutive days shall ordinarily constitute a work week. (d) Employees shall work rotating shifts where required to do so. The shift roster introduced following the signing of this Agreement shall be bid initially in accordance with classification seniority and will be worked in rotation thereafter. The Company may utilize up to two shift bids per year, which shall be re-bid in accordance with classification seniority and in the case of Operations, worked in rotation. The current practice at JFK of maintaining two shift bids will continue. No new roster shall be introduced with less than seven (7) days’ notice. (e) An employee’s shift or days off may be changed for the purpose of attending training courses, sickness or other absence as follows. No changed shift schedule for planned absences may be introduced with less than seven (7) days’ notice which includes the day on which the employee is notified. An employee’s shift or days off may be changed for the purpose of covering for sickness or other unplanned absence upon three (3) days’ notice. In the interim, unplanned absence shall be covered by overtime, or if nobody is available for overtime an employee’s shift can be changed on an emergency basis without notice. -88- Scenario Rostered Hours Overtime Worked Ti me Co Hour Type Mo9:00 -17:00 -WRREG 8 hours, OT Tu 9:00 - WRREG 8 hours W 9:00 - WRREG 8 hours Th 9:00 - WRREG 8 hours Fri 9:00 - SIC SICK 8 hours Sat RDO 8:00 -WROT 1.5 4 hours Su RDO 8:00 -WROT 2.0 4 hours Total hours worked 44 hours (32 straight time + 12 Adjustment: OT 2.0 (4) hours OT 1.5 (4) hours OT 1.0 8 hours Double time and one-half shall be paid for all work performed on the following legal holidays. New Year’s Day Martin Luther King Day Washington’s Birthday Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Employees Birthday When an employee works on any of the above holidays and wishes to defer part of the compensation, he may be paid eight (8) hours at time and one-half and receive an additional eight (8) hours off at straight time pay to be taken in conjunction with his vacation in accordance with paragraph (m) of this Article. An employee whose birthday is on February 29th will celebrate their birthday on March 1st in a non-leap year. It shall be the responsibility of the employee to advise the Company at least twenty-four (24) hours in advance of the holiday that he wishes to accrue this compensatory time off. (c) Employees not required to work on a holiday shall be compensated for the day at straight time rate. Employees not required to work on a holiday because it falls on an employee’s rostered day off Sat RDO 9:00 -WROT 1.5 hours 8 Su RDO 9:00 -WROT 2.0 hours 8 Total hours worked 48 hours (32 straight time + 16 Adjustment: OT 2.0 (8) hours OT 1.0 8 hours -89- will receive eight (8) hours pay at straight time rate or at his option may elect eight (8) hours CTO. In the event of reduced shift coverage, employees will be given the opportunity to volunteer by shift seniority to work on the holiday. An employee may observe his birthday on another day by mutual agreement. The employee must advise the Company at least five (5) days in advance of his birthday that he wishes to observe it at another time. In that event, earnings on his birthday shall be at the regular rate. In the event that the employee is required to work on the alternative day, earnings will be at the holiday rate. Arrangements for taking the alternative day shall be on the same basis as CTO as provided elsewhere in this Agreement. (d) When it becomes necessary for employees to work overtime they shall not be laid off during the regular work schedule to equalize the time, and all over- time will be distributed as equally as possible among all qualified employees in each shop, hangar or facility. (e)Except in an emergency, no employee shall be expected to work overtime against his wishes. Emergency is defined as an occurrence that is unforeseen and unplanned that has an adverse effect on the operation. (f) Employees relieved for the day, then called or required to return to duty to perform work not contiguous with a regular scheduled tour of duty will be guaranteed a minimum of four (4) hours pay at the applicable overtime rate. This will be known as recall. (g) An employee will be paid two hours pay at straight time rates for performing overtime work contiguous with his regular tour of duty for which he/she is called between the hours of 23:00 and 07:00. Such pay shall be paid in addition to normal overtime for overtime worked. This will be known as call-in pay. The call-in pay shall not apply when an employee was notified at or before the close of his/her last shift that he/she would be required for early duty immediately prior to the commencement of his/her regular shift. (h) Employees who have been required to work fourteen (14) consecutive hours will be given a rest period of at least ten (10) hours before being required to report for work again. In the event that this rest period extends into his regular work shift, the employee will be paid for such time lost at regular straight time rates. If an emergency is declared and staff are required to stay after their shift to work overtime, staff normally not entitled to a ten (10) hour rest period because of a shift or day trade, and required to report for work within the next ten (10) hour period, will be given priority for release. (i) Employees on duty shall be given no less than four (4) hours’ notice of con- templated overtime work except in cases of extreme emergency. This is not applicable to part-time workers working -90- a four-hour shift. (j) No overtime shall be worked except by direction of the proper Management personnel of the Company. (k) There shall be no pyramiding of overtime rates provided in this Agreement. (l) No employee will be called to work or required to report to work for a shift of less than eight (8) hours work or pay therefor, except on a rostered day off where they may be called in for a minimum of four (4) hours. The employee will be advised at the time of the call if he/she is being called in for a four (4) hour overtime shift. If after arriving at work the employee is requested to stay longer than four hours, the decision to do so will be voluntarily made by such employee. The employee is only obligated to stay for the four hours he/she was originally called in for. If during the call-in process the Company decides that they are going to increase the number of overtime hours being offered for work, they must go back to the beginning of the overtime list and start over. Example: The first four employees in low hour order are offered a four (4) hour RDO shift and they all decline. The fifth employee called is offered a six (6) hour RDO and accepts. This is not allowed. During the call-in process, the Company will ask each employee if they are interested in the four (4) hour overtime shift. If the answer from the employee is “no”, the Company would then ask that same employee if they would come in for more than four (4) hours. If the answer is still “no”, they would then move on to the next person. If the answer is “yes” to the more than four (4) hour query the answer will be noted, and the next person will be called in succession. This will continue until 1) no one accepts either a four (4) hour or greater than four (4) hour shift, or 2) an employee accepts the four (4) hour shift, or 3) no one accepts the four (4) hour shift but the first person who accepted the greater than four (4) hour offer in succession is awarded the overtime. Employees on RDO Examples Example 1 OT List Four Hours? More than Four? Award Employee 1 No No x Employee 2 No No x Employee 3 No No x Employee 4 No No x -93- take off Yom Kippur, Rosh Hashana, and Passover with pay, in accordance with Article VI (b) or the Agreements. (p) Employees upon three (3) days-notice, prior to the close of that week’s payroll, will be able to cash out and/or withdraw money from their accrued (earned) CTO bank. Example: Employee has a positive bank CTO balance of twenty (20) days (160 hrs.). They notify “work brain” (PAYROLL) that they wish to cash out forty (40) hours of CTO and receive it in next week’s paycheck. (q) When approved by management, employees will be allowed to use accrued CTO time to receive pay in lieu of going home early provided they can be released. Example: assuming due to operational requirements an employee can be released they may work a portion of their workday and receive full pay be using accrued time from their CTO bank. (r) Employees will be able to roll over two hundred and forty (240) hrs of CTO, accrued through working overtime from one calendar year to the next. These accrued CTO hours will only be cashed out at the employee’s request. Any overtime CTO balance that exceed the two hundred and forty (240) hours will be cashed out by March 31st of the following year of which they were earned. ARTICLE VII - TRAVEL ON DUTY AWAY FROM BASE STATION (a) When employees covered by this Agreement engage in emergency Temporary field Duty service away from their base station to restore Company airplanes or equipment to service, they shall be paid for such work on the same basis as at their base station, with a minimum of eight (8) hours at straight time rate for each twenty-four (24) hour period. All employees will be given an equal opportunity to participate in emergency Temporary field Duty service work. (Note: Base station is defined as the city area in which the employee’s normal workplace is located; e.g., NYC base station includes JFK Airport, La Guardia Airport, the Bulova Center and all City Ticket Offices.) (b) All time spent in traveling or waiting in connection with emergency Temporary field Duty service as defined in paragraph (a) above, including hours in excess of eight (8) hours in any one day shall be paid for as time worked, if during the current twenty-four (24) hour period no work is required before or after traveling or waiting unless an employee is required to travel on regular days off, in which event he will be paid for all hours traveling or working at the overtime rate applicable for the day; provided however, that if travel is interrupted for any reason and the employee is released by an agent of the Company for a period of five (5) consecutive hours or more, he shall not be paid for time released but in no event shall any employee receive less than eight (8) hours’ pay at straight time rate for any twenty-four (24) hour period while away from his base station; provided, however, that the Company may schedule him to take his regular days off without compensation except for the reasonable and necessary expense provided for in this Article. -94- (c) Employees required to work and travel shall be paid at the overtime rate applicable for all hours in excess of eight (8) hours of such combination of working, waiting, and traveling for the day in question. (d) Upon completion of such emergency Temporary field Duty work or training classes, an employee shall return to his home station in accordance with the orders received at the time he left his home station, or in accordance with the orders he receives from the person to whom he was ordered to report in the field, and shall be compensated for the return trip in accordance with the provisions of this Article. (e) Where transportation, meals and lodgings are not provided by the Company, expenses will be allowed in accordance with the Company’s subsistence rates. Upon application, an employee will be given an advance by the Company to cover his expenses while away from his base station. Within five (5) days after returning to home station, or at the close of each week in the event the employee is away for a period longer than one week, the employee shall submit an expense account in accordance with Company regulations, and if the employee has returned to his home station, it shall be accompanied by the balance of any expense money advanced but not accounted for on the expense account. (f) Employees who are temporarily transferred from their home station to fill temporary vacancies shall be paid in accordance with paragraphs (b) and (c) of this Article for the time necessary to travel in connection with such temporary transfer, and they shall receive necessary and reasonable expenses in accordance with the Company’s subsistence rates. (g) When an employee is away from his home station filling a temporary vacancy he shall be paid straight time and overtime in accordance with the provisions of this Agreement based on the shifts as scheduled at the location of the temporary vacancy, but in no event shall he receive less than eight (8) hours pay for each day. However, the Company may schedule him to take his regular days off without compensation, except for the reasonable and necessary expenses provided for in this Article. (h) Employees called from home for emergency Temporary field Duty service after completing their regular shift assignment, or on a regular day off, will be allowed one (1) hour as preparatory time at overtime rate and, in all possible cases, will be given two (2) hours or more notice (four (4) hours in the case of Representatives) before departure time. (i) When an employee covered by this Agreement receives a special assignment, which must be in writing, to attend training classes pertaining to his work, or to fulfill other special assignments not constituting emergency Temporary field Duty service or the filling of temporary vacancies, he shall receive compensation at straight time rates for all time spent in traveling or waiting. However, in no event shall any employee receive less than eight (8) hours pay at straight time rate for any twenty-four (24) hour period while away from his base station; provided, however, that the Company may schedule him to take his regular days off without compensation except for the reasonable and necessary expense provided for in this Article. If such special assignment involves traveling after completion of his regular work for the day, he shall receive the applicable overtime -95- rate for the first succeeding eight (8) hours of traveling and waiting. (j) When the training course or assignment is in the same city or metropolitan area which is the employee’s normal base, travel time will not be paid, but staff may claim mileage for any travel in excess of their journey from home to their normal work location. (k) When employees are required to be on duty in the UK, the Company will pay for the cost of hotel accommodations which it obtains for the employee plus allowances in Sterling in accordance with the Company’s current regulation which will be advised to the employee before leaving his station. In addition, the Company will pay the reasonable cost of public transportation from the employee’s hotel to the training school or other place of work. Where an employee is attending an extended training course of three (3) months or more, he may stay at an approved hotel other than at London Airport, or he may elect to make his own accommodation arrangements and may claim allowances in accordance with Company regulations. The only accounting in this case will be an expense claim showing the number of days in the UK multiplied by the daily rate. The cost of transportation to and from the Airport within the USA, or when an employee is moved at the Company’s request, will be allowed in addition to the daily allowance quoted above. (l) Employees proceeding to training courses in the UK will be allowed the following travel time: East Coast Stations Ten Hours Miami and Midwest stations Twelve Hours West Coast Stations Fourteen Hours Where training courses are held at Bristol, England, four hours may be added to the above traveling times. Employees on training courses in the UK which last in excess of twenty-eight (28) days may claim subsistence payments of twenty-eight (28) pounds sterling per day from the first day. In the event that employees in the UK are unable to access a BA or similar reduced rate lunch facility, the above UK rates will be reviewed. (m) Employees proceeding to training courses in the USA will be allowed the following travel time: One (1) hour prior to flight time to check in, plus actual flying time (origin to destination) plus one (1) hour after arrival time. In no event will an employee receive less pay than hours normally scheduled to work. On an employee’s regularly scheduled workday, employees who are required to work and travel or train and travel should be paid at the overtime rate applicable for all hours in excess of eight (8) hours of such combination of working, waiting and traveling for the day in question. ARTICLE VIII - SENIORITY This entire article will be read in conjunction with the job protection language agreement in Article II (c). -98- 4. He does not inform the Company in writing or by telegraph of his intention to return to service within seven (7) days of receipt of a notice offering to re-employ him. 5. He does not return to the service on or before a date specified in the notice from the Company after a lay-off, which date should not be prior to fifteen (15) days after sending such notice; provided that notices pursuant to subdivisions four (4) and five (5) of this paragraph (h) shall be sent by Registered Mail (return receipt requested) or by telegram to the employee at the last address filed by him with the Company. 6. Subdivisions (4) and (5) of this paragraph shall not apply to offers of temporary work. 7. He is not recalled from lay-off within four (4) years from the date of his lay-off. (i) When it becomes necessary to reduce the working force, seniority plus ability as per paragraph (b) of this Article and the job security language spelled out in Article II (c) will govern. In the event of reduction in force, employees shall receive ten (10) workdays’ notice or ten (10) workdays pay, in lieu thereof. If an employee fails to work out his notice when requested to do so, he shall be paid only for such period of his notice that he has worked. A list of employees to be laid off will be furnished the local Committee and International Union prior to notifying the employees affected. When it becomes necessary to lay off employees covered by this Agreement who must sever their connection with the Company because of insufficient seniority exercised in another classification, unless covered by the job security clause spelled out in Article II (c), they should be given ten (10) workdays’ notice of same, or at the option of the employee two (2) weeks’ salary in lieu thereof. (j) Employees laid off on account of a force reduction will be given preference according to system seniority to transfer to any other point on the system within the continental limits of the United States of America, where men are needed, with privilege of returning to their home station when the force is increased. Such transfers shall be made without expense to the Company but, space available, free transportation will be furnished to the employee and his dependents to the extent permitted by law. (k) Employees laid off in a reduction of force who desire to seek employment with another Ccompany elsewhere will, on one occasion, and upon application within sixty (60) days after lay- off, be furnished with a space available one-way pass to any point desired within the continental limits of the United States of America to the extent permitted by law. (l) When a reduction in supervisory jobs becomes necessary, ten (10) working days-notice will be given to each employee whose job is to be eliminated. Each employee receiving such notice must make known within four (4) days thereafter his intention to exercise his seniority in displacing a Representative who is junior to him and holding a comparable or lesser-rated job for which he is qualified. Other Representatives who are displaced by such actions must do likewise. (m) Employees who have grown old in the service of the Company and become unable to -99- follow their regular work to advantage, shall be given preference of such light work as they are able to handle in their work classification.of the Company working under this agreement shall be afforded all rights unimpaired as provided for by all applicable local, state or federal laws. (n) All employees promoted to supervisory positions in classifications covered by this Agreement or who are, or who have been promoted to positions outside the scope of this Agreement will continue to accrue seniority for a period of six (6) months in the classification from which they were promoted and shall retain all seniority so accumulated. All employees who are, or who have been, promoted to positions outside of the scope of this Agreement shall continue to accrue seniority in classifications for a period of six (6) months and shall retain all seniority so accumulated. Employees who are or who have been promoted from Operations classifications to positions outside of the scope of this Agreement shall retain their Operations seniority for two (2) years. Where personnel in Operations are laid off the senior employees may revert to a lower classification at the appropriate rate provided his total Company seniority in Operations in the U.S.A. (as agreed between the Company and the Union) is greater than the seniority of the person he is displacing. The latter may in turn exercise his seniority first in his present classification and then as outlined above. (o) The senior employee within a classification will be given preference in the choice of shifts, but after selection or assignment will not enjoy such further preference except to fill vacancies or new positions or in the exercise of seniority after a reduction in force. Any employee covered under the job security provision contained within Article II (c) and who has exhausted the appropriate provisions of Article VIII, under his/her Collective Bargaining Agreement, will be guaranteed a position under the BA/IAM agreements regardless of having established any previous classification seniority. (p) Should the Company bring in employees who are not covered by this Agreement for training purposes, such employees will not fill any supervisory or non-supervisory jobs. (q) Any disputes as to the reasonableness of action taken by the Company relating to seniority are to be handled in accordance with the grievance procedure outlined in Article XIII. (r) Any full-time employee covered by this Agreement with one (1) or more years of service and any part-time employee covered by this Agreement with two (2) or more years of service and who is laid off shall receive severance pay as provided in paragraph (t) of this Article, subject to the limitations set forth herein. Severance pay shall NOT be paid in the event: (i) An employee is dismissed for cause. (ii) An employee resigns. (iii) An employee refuses to work out his notice if requested to do so. (iv) A National Emergency arises which results in cessation of operations. -100- (v) A strike or picketing of the Company’s premises causing a temporary lay-off of the employees. (s) An employee recalled to work under the terms of this Article after lay-offs who is again laid off under the conditions that would entitle him to severance pay shall be entitled to the amount specified for his accumulated period of compensated service with the Company calculated from the date of first recall and in accordance with paragraph (t) of this Article, provided that severance pay shall not be paid twice for the same period of compensated service. (t) Severance pay shall be calculated as follows: Employees who have five (5) years of service or less one (1) week’s pay for each completed year of service. Employees who have between six (6) and ten (10) years of service- one (1) week's pay for each completed year of service up to five (5) years, plus two (2) weeks’ pay for each completed year of service between six (6) and ten (10) years. Employees who have eleven (11) years of service and more- one (1) week's pay for each completed year of service up to five (5) years, plus two (2) weeks’ pay for each completed year of service between six (6) and ten (10) years, plus three (3) weeks’ pay for each completed year of service beyond ten (10) years. Total severance pay will be capped at 52 weeks. 52 years of service or more earns 52 weeks) (1) Employees laid off from their location and remain with the Ccompany by exercising their seniority rights or who remain with the Ccompany by exercising their contractual rights under Article II will retain unlimited recall rights to the station or stations from which they are laid off. (2) All employees who are on lay-off as described in paragraph (1) above, shall have the right to bid on all job openings and promotions that are up for bid system wide, covered under their contract and still maintain their unlimited recall rights to the station or stations from which they were laid off. (3) Employees laid off who are unable to exercise their seniority, in any classification at any location and are laid off to the street will have recall rights to the station or stations from which they were laid off for a period of four (4) years. These employees will have the opportunity to bid any/all unbid openings within their work unit system wide, seniority permitting. It is the employee’s responsibility to contact the appropriate phone numbers supplied at the time of lay- off, and ascertain the positions/locations available and bid for the available position(s), within the required time limits. (4) Employees laid off from their station/location who had the opportunity to exercise their seniority in any classification in which they hold seniority, but choose to be laid off to the street will have recall rights to the station or stations from where they were laid off for a period of four (4) years. These employees during this lay-off will have the opportunity to bid any/all unbid -103- period of eighteen months (consecutive or non-consecutive) it will be bid as a permanent full-time vacancy. This provision will not apply to positions filled by employees exercising their contractual rights to maternity leave. (i) The Company may employ up to a total of six (6) temporary full-time Customer Service Agents at each station. These temporary positions must be bid for a minimum of five (5) consecutive months but will not exceed seven (7) consecutive months due to seasonal/schedule changes in a twelve (12) month period, April through March. Two seven months periods may not run consecutively and must be separated by at least one complete month. By March 31 each year, the Company will notify the Union of its intentions with respect to temporary full-time needs in the coming twelve (12) months: specifically by station, the duration of positions to be bid by month and the estimated number of positions. An employee under this Agreement assigned to a temporary job under paragraphs (f), (g) and (h) of this Article shall, upon discontinuance of such temporary job, be returned to his former job and status. (i) Shift vacancies will not be bulletined; however, the Company will assign the senior employee desiring such vacancies. (j) It is agreed that the Company will normally promote its own staff to Representative positions in accordance with paragraphs (m) to (t) of this Article. (k) The Company will maintain a Customer Service Experience Representative pool at each location. The pool will consist of up to ten full-time agents (10) at JFK Customer Service. At stations outside of JFK which are manned with IAM staff, the pool will consist of up to four (4) full-time Agents in Customer Service. Full-time Agents may bid to join the pool by station classification seniority, provided the employee satisfactorily performs in his current job. The successful bidder must pass a skills test. If an agent is not afforded an opportunity to join the pool through no fault of his own, the agent will not be excluded from bidding for a CSR position. Promotion to a permanent Customer Service Experience Representative position shall be by system seniority from Agents in the pool, provided the employee has the qualifications, satisfactorily performs his current job and passes a skills test. If an employee twice refuses a permanent CSR vacancy at the employee's location, he will be removed from the system pool seniority list. (l) Staff who are eligible and pass up their first opportunity to join the pool but subsequently opt to join the pool when further vacancies arise will be slotted in the promotional ladder below those already in the pool. (m) Representative and pool training will be given to staff in system seniority order subject to operational requirements. Staff will be required to attend and pass the courses as follows. (o) Customer Service Representatives who achieve full qualifications will receive a once off payment of $2,000. Staffs who obtain full qualifications whilst in the pool will receive the once off payment of $2,000 upon their appointment as Representatives. -104- (p) For all stations the technical qualifications for the Customer Service Experience Representative shall be all systems and activities required for the role specific for the job description. Ops II, DCS, Ticketing, Fares, BAHAMAS, BABS and AIMPAC. There may be other technical courses relevant to the job classification considered necessary by British Airways, after discussion with the local committee. Employees whose job classifications require them to take and pass the Ops II course will be afforded on station coaching as necessary to attain the pre-requisite Ops I self-study training course. (q) Staff who are unable through no fault of their own to attain the qualifications in the required timescale will be given further time and opportunities to become qualified, with no change in status or pay. Personal reasons for absence will be accepted if appropriately validated. An employee will not be bypassed for a promotion due to lack of training availability or operational requirements. (r) To complement the technical qualifications all prospective Representatives will be required to participate in a Leadership development program. This will be the last course scheduled, except by agreement with the staff member concerned and his shop steward. (s) No employee will be given a permanent transfer against his wishes. All transfers of ten (10) days or longer will be given in writing with copies to the Local Committee and General Chairman. (t) The Company will not hire anyone in the classification of Agent or high- er classification hereunder if there are employees covered by this Agreement available who are qualified and willing to fill such positions. (u) When an employee is appointed to a Representative or similar classification as a relief, he shall be paid at the next highest point on the new scale to his current rate. (v) An employee may not transfer to a vacancy in his classification unless he has been at the station from which he is seeking to transfer for at least one year. However, an employee who has accepted a promotion at another station or a part-time employee accepting a permanent full- time job at another station, may return to his original station whenever a permanent vacancy in his classification arises. Transfer from one entry level job to another will not be permitted until the employee has at least one year’s seniority in the classification from which he is seeking to transfer. (w) For information purposes only, the Company will advertise throughout the system all full- time jobs in excess of 30 days prior to hiring from the outside if the particular position has not been filled through the normal bidding process. (x) Vacancies for Lead Telecommunications Officer shall be posted for bid and each such position shall be awarded to the employee who has the greatest seniority among the employees requesting the positions; provided the employee has the qualifications and satisfactorily performs his current job. -105- The senior bidder shall hold the bulletined job for a period of ninety (90) consecutive days on a trial basis (or as otherwise provided) in order to demonstrate his ability to perform the work required by the job. During such period of ninety (90) days, if the employee is unable to demonstrate his ability to perform the work required by the job, he may return to his previous assignment, but he shall not, for a period of six (6) months after said failure, be permitted to bid for a vacancy in the same or higher classification in the same type of work in which he was unable to demonstrate ability. ARTICLE XI - VACATIONS WITH PAY (a) All employees covered by this Agreement shall be entitled to a paid vacation on the following basis: 1. The vacation year shall be from January 1st to December 31st and the Company agrees that it will not restrict any part of the vacation year. 2. Pay for accrued vacation entitlement shall be computed by a basis of eight (8) hours at an employee’s straight time rate. 3. New employees shall be entitled to take a vacation in the first year of their employment. Service in the first year shall earn 1/2 days’ vacation for each completed month of service. 4. In the year of the first anniversary of continuous service an employee shall receive ten (10) working days of paid vacation. 5. In the year of the second anniversary of continuous service, an employee shall receive eleven (11) working days of paid vacation. 6. In the year of the third anniversary of continuous service, an employee shall receive twelve (12) working days of paid vacation. 7. In the year of the fourth anniversary of continuous service, an employee shall receive thirteen (13) working days of paid vacation. 8. In the year of the fifth anniversary of continuous service and up to and including the year of the ninth anniversary, an employee shall receive fifteen (15) working days of paid vacation. Vacation entitlement for employees hired on or after September 12, 2014 will not exceed 15 days. For employees hired before September 12, 2014, vacation will continue to accrue as follows: 1. In the year of the tenth anniversary of continuous service up to and including the year of the sixteenth anniversary, an employee shall receive twenty (20) working days of paid vacation. 2. In the year of the seventeenth anniversary of continuous service up to and including the year -108- number of months they were off the payroll. (j) Vacation shall be scheduled to commence after the close of the work week and will end previous to and in conjunction with the next two (2) scheduled days off. (k) The Company may employ a vacation relief roster for all Sections or Departments. Inclusion on the roster will be on a bid basis and employees who bid will be used as vacation relief for other staff in their classification. Employees will be paid the night shift differential when on vacation relief regardless of the actual relief shift worked. The maximum number of employees permitted to be on vacation at any one time will be equal to the number of employees on the vacation relief roster. In no event however, shall the number of employees on the vacation relief rosters exceed 20% of the total number of employees in each classification on the vacation roster. There will be two methods of implementing this procedure. Each classification will be free to select the method to be used and once selected it will not be changed until the next roster change. An employee on the vacation relief roster may select the vacation week he wishes to work from those required to be covered by the Company. The employee on vacation relief will be used exclusively to cover vacations and CTOs bid five (5) days at a time and in conjunction with their vacation, and will not be used to cover any other absences. 1. Any provision in this Agreement to the contrary notwithstanding vacation will be deemed to consist of 5 work days with 2RDO’s falling on Saturday and Sunday. In order to accomplish this, all affected employees will change RDO’s in the week preceding their vacation as in the following example: 2. Vacations will begin after an employee’s RDO’s. In this case, employees bidding on the vacation relief roster will select the shifts they are to work on a block basis i.e. they will select these relief shifts for the entire seasonal roster. M T W Th. F S Sun Week 1 X X X Off Off X X Week 2 X X X X X Off Off Week 3 VACATION........................................... Off Off Week 4 VACATION........................................... Off Off Week 5 X X X Off Off X X When an employee transfers, resigns, retires or is terminated their bid vacation will be posted for rebid. Subsequent rebidding of open vacation slots will be managed by the union and will be subject to operational requirements. ARTICLE XII - SICK LEAVE AND SPECIAL LEAVES THE EMPLOYEES COVERED BY THIS AGREEMENT AND THE UNION RECOGNIZE THEIR OBLIGATION OF BEING TRUTHFUL AND HONEST IN PREVENTING UNNECESSARY ABSENCES OR OTHER ABUSES OF |SICK LEAVE PRIVILEGES. -109- (a) Employees with more than three (3) months service with the Company shall be credited with sick leave credit at the rate of nine (9) days per calendar year, pro-rated for any part year of employment, e.g. year of joining or any year in which the employee is off the payroll. Any part of a month for which any employee is paid shall be counted as a complete month for accrual of sick leave. Employees hired before September 12, 2014 shall be credited with sick leave credit at the rate of twelve (12) days per calendar year, pro-rated for any part year of employment, e.g. year of joining or any year in which the employee is off the payroll Any part of a month for which any employee is paid shall be counted as a complete month for accrual of sick leave. An employee may use from his accrued sick time up to twelve (12) excused hours per year for the purpose of pre-planned/pre-approved medical procedures. These hours must be taken in four (4) hour increments and notice must be provided one week in advance. . (b) For the first three years of active employment, an employee shall be allowed two (2) occasions per year of medically certificated absence, drawing up to his unused sick leave credit. Any absence other than the two occasions described above shall be unpaid. All accrued and unused sick leave shall be credited to the employee’s record. (c) Sick leave shall be credited to each employee at the beginning of each calendar year. All employees will be credited with sick leave based upon length of service with the Company from the date of engagement, less any sick leave paid by the Company since that date. In the case of actual sickness, employees shall be paid for time lost up to the number of days to his personal credit, provided that in case of continuous absence of over three (3) days the employee will furnish to the Company a medical certificate in support of such absence. If the period of absence extends on both sides of days off, the days off shall be counted in the three- day period, and a medical certificate shall be required. (d) After one (1) weeks absence, employees are required to file for short term disability benefits. Staff who are being paid full sick pay benefits from their accrued sick bank will have disability benefits revert to Company. If after an employee exhausts their sick bank and remains unable to work due to illness or injury, an employee will receive a disability benefit from the insurance car- rier. Sick leave credit will be reduced at the rate of one day for each day the employee is absent from work. (e) Employees on sick leave shall receive their sick leave compensation for the time accrued to their personal sick leave credit, on the next established pay day, excepting employees outside New York who will have their pay adjusted on the following pay day. (f) It is the responsibility of the employee absent from work because of sickness to immediately report such absence and reasons therefore to the Company designated telephone number at least two (2) hours before his scheduled starting time. To ensure adequate staffing on AM shifts, all staff reporting sick are required to report such absence -110- to the Company at the earliest opportunity, but no later than the two (2) hours mentioned above. In relation to AM shifts, for the second sick day or more, the employee is required to report such absence the night prior during operational hours. (g) Where an employee has been absent from work due to sickness, unsupported by medical certificates, on five occasions during any period of six months, he will be required to produce medical certificates for all future absences before being permitted to return to work. If his attendance thereafter improves to a satisfactory level during the next six months, the requirement to produce medical certificates shall be discontinued. This requirement shall be without prejudice to the Company’s right to take other action whenever abuse of sick leave is indicated. (h) Any Group Insurance plans now in effect shall be continued in effect during the life of this Agreement or until changed by mutual agreement. The employees will pay the contribution rates shown in Appendix C. The Company agrees that during the life of this Agreement, the rate of payment by the employee on any existing insurance plans will not be increased. The employee contribution percentages, the employee monthly contributions amounts, all copays, employee coinsurance rates and all other Plan Design features will remain, as negotiated, until such time as a new Collective Bargaining Agreement is ratified. (i) Employees covered under this Agreement shall not be required to participate in test flights. (j) If the Company, at any time at its discretion, grants additional sick leave or assistance to any employee, it shall not constitute a precedent requiring additional sick leave or assistance in any other case. (k) Sick leave credit will not accrue during a lay-off or leave of absence. (l) Personal emergency leave for death in immediate family of five (5) days with pay at straight- time rates will be extended to employees. Where the death in the family occurs outside the USA, five (5) days leave will be granted under the same conditions. The immediate family is understood to consist of mother, father, sister, brother, husband, wife, child, blended family (stepfamily) living in the same household and companion living in the same household. In the event of death of the employee’s mother-in-law or father-in-law, and grandparents, the employee will be given two (2) days personal emergency leave with pay and may take additional time not exceeding five (5) days as CTO earned or as leave of absence without pay. (m) Employees called for jury duty shall receive, in accordance with Company Regulations, their regular straight-time rate less the fee for jury services, providing notice of jury duty has been shown to the Department Head upon receipt, and statement of jury fee paid is presented to the Timekeeper as soon as it is received by the employee. Employees called for jury duty will be assigned to the day shift with Saturday and Sunday off for the period in question. -113- A written decision will be issued no later than five (5) working days following the meeting. If the decision in step three (3) is not satisfactory to the Union, the matter may be referred by the Union’s General Chairman to the System Board of Adjustment. (c) i) No employee who has been in the service of the Company for more than ninety (90) days will be disciplined to the extent of loss of pay or discharged without first having the benefit of a fair and impartial hearing. However, an employee may be suspended pending such investigation or such hearing. ii) The employee will be advised in writing of the precise charge or charges against him within ten (10) days after the date the Company has knowledge of the occurrence. An additional twenty (20) days will be granted if the Company requests it from the Union for the Company to complete a proper investigation of the facts. Copies of the charge or charges will be furnished to the Local Committee and the accredited representative. If after investigation the Company decides not to conduct a hearing, under the terms of the contract the employee will be so notified as soon as possible after the decision is reached. iii) In the event of discharge or suspension, a hearing will be held within ten (10) days from the date of the written notice and at this hearing the employee may be present and have representatives of his own choosing. He will be permitted to hear all evidence against him and with his representative question all witnesses and/or statements against him. Reasonable opportunity will be allowed employees to secure the presence of their representatives, and it shall be the obligation of the Company to summon all witnesses whom the employee feels can present facts which will lend weight to his testimony. iv) All hearings and investigations will be conducted during regular day shift working hours, and Committee Members and necessary employee witnesses shall not suffer loss of pay while handling grievances or attending hearings. v) The hearing officer will render his decision in writing no later than ten (10) days after the close of the hearing. vi) In case it is found the suspension or discharge is unjust, the employee will be re-instated with full seniority, paid for time lost, and records corrected. vii) In cases of discipline which do not involve discharge, if the employee(s) with regard to whom the hearing was held is dissatisfied with the decision reached by the Hearing Officer, the employee may file a grievance no later than thirty (30) days after the Hearing Officer reached his decision. viii)In the event of a discharge, the General Chairman or his representative may appeal the decision to the System Board of Adjustment not later than thirty (30) days after the Hearing Officer has reached his decision. (d) Service records shall be maintained for all employees by the Company, and upon resignation -114- or discharge from the service, the employee, upon request, will be furnished with a copy of same. In discharge cases, the employee and his Union representative will have access to the service records applicable to the case prior to the holding of any investigation. In cases where it is necessary that a man should be warned due to the caliber of his work and/or the general performance of his duties, such warning will be made to the employee in writing with a copy to the Local Chairman, and the employee will be given a reasonable length of time to correct the matter. (e) Written disciplinary letters and Hearing Officers Decisions which deal with punctuality, attendance, and other forms of discipline which are more than two years and one day old, without any subsequent disciplinary action having been taken will be removed from the employee’s record. Attendance and other disciplinary issues will be treated separate for purposes of this paragraph. (f) Service and/or personnel records will be made available for examination at any time upon request from employees hereunder or from a General Chairman of the District. (g) No employee selected as a Committeeman or Officer of the Union will be discriminated against for lawful activity on behalf of the Union. ARTICLE XVI - GENERAL AND MISCELLANEOUS (a) Subject to applicable law, reasonable smoking and refreshments during hours of duty will be permitted in designated areas, provided an employee shall not leave the job to indulge in such smoking and refreshments without permission. (b) The Company agrees that there shall be no established maximum age limit in the hiring of employees. (c)(b) As appropriate, staff shall be provided with customer contact uniforms or workwear to the specifications stated in the Company’s Uniform regulations without cost to the employee. Employees losing such garments shall be required to replace same at their own expense. When an employee leaves the service of the Company, such garments will be returned to the Company. Employees required to wear a uniform must report for the start of their shift in uniform. British Airways will assist in the laundering and cleaning of uniforms in the following manner: 1. Each affected employee will receive by December 15th of each year the sum of $250.00 to cover all cleaning and laundering costs incurred during the year. This amount will be pro-rated for employees who may have worked less than a full year. Employees assigned to Special Concorde Services Team will be eligible to receive such payment. 2. This allowance shall not apply to employees whose uniforms are presently being delivered or laundered at Company expense by an out- side cleaning service. Employees who wear uniforms which are laundered by the Company will be issued a minimum of five (5) shirts -115- and two (2) pairs of trousers each week. 3. This reimbursement shall not apply to extraordinary expenses such as repairs or alterations. 4. British Airways reserves the right to change this procedure by contracting with a service which will provide cleaning and laundering of entire uniforms at Company expense. Such change would be made at the beginning of the calendar year. (c) A place shall be provided inside all Company shops and hangars marked “International Association of Machinists and Aerospace Workers” where Union notices of interest to the employees will be posted; however, no political circulars, propaganda or advertisements will be placed on these bulletin boards. (d) It is hereby mutually agreed and understood that the Company agrees to continue its present practice of paying the cost of parking at Airports where employees covered in this Agreement are located. (e) It is also agreed that where at any airport the parking facilities available to employees are drastically changed the Company will negotiate the changed circumstances with representatives of the I.A.M. (d)(f) ix) The Company shall provide each employee covered by this Agreement with a copy of the Agreement printed in a Union shop and bound in a convenient pocket-size booklet. (e)(g) It is understood and agreed that the Company will not lock out any employee covered hereby, and the Union will not authorize or take part in any strike, or picketing of Company premises during the life of this Agreement, until the procedures for settling disputes as provided herein, and as provided by the Railway Labor Act as amended, have been exhausted. (g) The Chairperson of Shop Stewards across all Agreements shall be scheduled to work within the operation four hours per day. The other four hours, per day, of his/her work day he/she shall be considered over and above the normal requirements for that shift and he/she will be free to conduct union related affairs under the Agreements and in so doing will get clearance from his/her Section Head or his designee to enter work areas. However, it is understood that the provisions of Article I (b) will apply relative to such activities. For purposes of disciplinary hearings, an employee may request the Chairperson of Shop Stewards, provided the Chairperson is from the employee’s respective contract, or the Chief Shop Steward from their respective contract to act as their representative. The representative will be released from duty to attend the hearing, subject to operational requirements, paid for lost straight time hours and, if required, provided with free space available travel in line with agreed pass policies. The hearing will be rescheduled as necessary until such time as the Company can release the representative from duty. -118- When a new employee is hired in any classification under this Agreement the Company may recognize his previous experience in the type of work for which he is hired by awarding him a starting rate higher than the minimum for the classification. (j) Agents will be paid at the first step of the appropriate Representative scale when they work at least one hour when there is no Representative on duty at the station. Such pay will be only for the actual hours worked without a Representative. ARTICLE XIX - PART-TIME EMPLOYEES (CERs/ACERs/CEAs/ACEAs) This entire article will be read in conjunction with the job protection language agreement in Article II (c) and Article VIII concerning seniority. All part-time employees shall be subject to the provisions of the Agreement between British Airways and the IAMAW dated March 15, 1994 except where they are inconsistent with the provisions of the following: (a) The Company hereby recognizes the Union as the sole and exclusive bargaining agent for all part-time employees covered by this Agreement, working within the continental limits of United States and its possessions. (b) At no time may the total number of part-time employed at Airports exceed one hundred ten fifty (110150%) percent of the total number of full-time Airport staff employed system-wide across all contracts. The one hundred ten fifty (110150%) percent maximum will exclude part-time Customer Service Experience agents assigned to third party handling contracts and part-time Mechanics. Where British Airways can competitively bid to insource current outsourced stations through the use of additional part-time staff, staff hired for those new stations will be excluded from the calculation. If the Company has an need for additional part-time employees above the one-hundred fifty percent (150%) threshold based on needs of the business in any station currently staffed on the system, the Company and Union shall meet and confer in an effort to agree on the additional need.” Where British Airways can competitively bid for third party handling contracts through the use of additional part-time staff, British Airways will discuss and agree with the IAM percentages in excess of the above. (bc) Nothing in this Agreement may preclude full-time staff utilizing their seniority in a part- time capacity to displace a part-time employee. (cd) - (1) A normal work week shall consist of up to 20 hours with a maximum of five (5) hours in any one day. All hours worked by part-time staff up to a total of eight hours each shift shall be -119- paid at straight time. Thereafter, overtime will be paid at the applicable rate, provided the employee has worked his weekly shift pattern or an employee has worked in excess of forty (40) hours in the work week. The following shall count as time worked for the computation of an employee's worked hours: an employee's vacation day(s), Holiday Off, approved CTO time, jury duty, employees released for Union business, workers compensation injury, bereavement, and approved military leave. Overtime rates for part-time staff hired prior to April 14, 1982 shall be at time and one half after their four-hour shifts. Depending upon operational demands, part-time staff are entitled to a fifteen minute break away from their workstation, (assuming a four hour day) and a twenty minute break (assuming a five hour day) without loss of time. Scheduled days off shall not necessarily be consecutive. Part-time staff CSAs shall bid shifts on a separate roster. For continuous service before and after regular working hours, employees will not be required to work more than two (2) hours without being permitted to go to meals, and such employees required to work more than two (2) hours will be allowed a thirty (30) minutes meal period to eat without loss of time. For each additional four (4) hours worked employees will be allowed thirty (30) minutes to eat without loss of time. The Company will have the option to employ part-time staff agents who work a thirty (30) hour work week. The thirty (30) hour week will be five (5) days at six (6) hours per day, inclusive of a 30-minute meal period. All hours worked by thirty (30) hour part-time staff up to a total of eight (8) hours each shift shall be at straight time. Thereafter, overtime will be paid at the appropriate rates, provided the employee has worked his weekly shift pattern or an employee has worked in excess of forty (40) hours in the work week. The following shall count as time worked for the computation of an employee's worked hours: an employee's vacation day(s), Holiday Off, approved CTO time, jury duty, employees released for Union business, workers compensation injury, bereavement, and approved military leave. . If a thirty (30) hour shift is available, employees will have the option to bid the thirty (30) hour shift as per applicable shift bidding procedures with the appropriate seniority. Thirty (30) hour vacancies will be bid on a voluntary basis. Employees who are rostered on a thirty (30) hour part- time shift after November 19, 2009 will receive part-time employee benefits. At a station or location, the number of thirty (30) hour shift (Customer Service Agent) employees will not exceed 200% of the number of full-time forty (40) hour shift (Customer Service Agent) employees. If in the future, at a station or location, operational issues create the need for additional thirty (30) hour part-time shifts above the number of forty (40) hour shifts, then the parties will meet and discuss modifications to the above restriction at a station or location. Employees who have remained on a thirty (30) hour shift since November 19, 2009 will not be involuntarily placed on a shift with less than thirty (30) hours or placed involuntarily on a shift with more than thirty (30) hours. Thirty (30) hour shift employees who wish to bid out of a thirty (30) hour shift will bid out in accordance with the appropriate provisions of Article IX, Filling of -120- Vacancies. (e) Full-time staff will be given priority for formal training in seniority order consistent with the requirements of the shift structure. For certain courses, staff may be required to pass an aptitude or skills test prior to qualifying for the course. This does not apply to local on-the-job training. (f) Employees rostered off on a holiday shall receive the same number of hours as CTO as hours scheduled to work. (g) Overtime will be offered in the following sequence: (1) Full-time and part-time staff on duty will be given first preference to work all overtime within their classification that is expected to last up to a maximum of four (4) hours. (2) Overtime that is expected to last beyond four (4) hours but not greater than six (6) hours which is not met by full-time staff on duty will be next offered to full-time staff scheduled to come on duty. (3) If the overtime requirement in Step 2 is still not satisfied pPart-time staff scheduled to come on duty, may work overtime that is expected to last up to a maximum of four (4) hours. (4) For agent overtime expected to last up to a maximum of two (2) hours, customer service Experience representatives on duty. (5) Overtime expected to last more than six (6) hours will be offered to Full-time staff, based on low hours and qualifications that are either on RDO, on shift, or scheduled to come on shift. (6) Part-time staff that are either on RDO, on shift, or scheduled to come on shift will be offered overtime based on low hours and qualifications. When an employee works on either a 6th or 7th day, he shall have the option to elect to receive 4 hours (or 5), (or 6 if a 30-hour part-time employee) pay as CTO. The balance of his compensation for that day, he shall receive as regular wages. If an employee so elects, he must notify the Ccompany before the end of the work week in which the 6th and 7th day is worked. Such CTO must be applied for in accordance with the provisions of Article VI (m). Sixth/seventh day for employees working a five-hour day will be designated as the first two scheduled days off worked in any work week. The work week for this purpose will be Monday through Sunday. (h)In the event of reduced shift coverage on a holiday, employees (full-time and part-time) who wish to volunteer to work or not work on the holiday may do so according to an integrated seniority list which will contain all part-time and full-time employees scheduled to work on the shift in question. The integrated seniority (by classification) list will also be used to determine the order in which staff are reduced in numbers on the shift affected. (i)Part-time employees will be covered by the Company Pension Plan in accordance with -123- District 142 APPENDIX A - RATES OF PAY 1. Staff who are currently in receipt of premiums for Restricted Articles and Operations will continue to receive these payments. From date of signing (Sept. 6, 1990), no additional employees will receive these premiums. 2. Employees who are presently being paid 88 cents per hour on stations outside JFK for doing preparatory work will continue to receive this payment. This payment will not be applicable to any additional staff. (Signed Sept. 6, 1990) 3. Effective with the implementation of this Agreement, the wage scales below become effective. Effective on DOR+12 months, all employees who elect to stay with the business (not electing the buy-out) will receive a one-off payment of $1000 (pro-rated for part time colleagues). Effective on DOR+24 months, all Effective September 12, 2014, the 11th year of the Customer Service Experience Agents (hired before September 12, 2014) and Cargo Sales Assistants pay scale will be adjusted to $21 per hour and the 12th year will be removed. Employees on years 11 and 12 of the former wage scale will have their pay redlined/frozen. Employees with redlined/frozen pay rates (current CSA rates above $22.62 per hour) above $25.04 per hour will have their pay rates redlined/frozen.will receive a lump sum in the amount of 1.5% of their annual scheduled pay. All other colleagues will receive a pay increase of 1.5%. No later than sixty (60) days before the DOR+36 anniversary of this Agreement, the parties will agree on dates to meet and discuss possible enhancements in pay which will be reflective of the prevailing market conditions at that time. Any Employee with a previously redlined/frozen pay rate not shown on a wage scale listed below in Appendix A will not have their pay decreased as the result of implementation of this CBA. No hourly increases to pay rates will be given until an employee’s pay rate is less than or equal to their classification rate. .3.Any employee covered under this agreement who transfers to another position covered under another IAM agreement, whose wage scale is identical, will be guaranteed their current hourly rate and will continue to progress on said scale. The employee’s salary review date will not be adjusted. 4.A 3.5% lump sum to be paid following ratification to all employees in all classifications. On 1/1/2015, 1/1/2016 and 1/1/2017 all base wage scales excluding the Associate Customer Service Agent scale, will increase by 2%. On 1/1/2018, all base wage scales, excluding the Associate Customer Service Agent scale, will increase by 1.5%. No increases will be made to the Associate Customer Service Agent pay scale for the life of the agreement. No pay awards (hourly increases) will be given to employees with redlined/frozen pay rates above the top of scale wage rates. On 1/1/2016, all redlined/frozen staff not receiving an increase to their base wage rate will receive a 3% lump sum payment. On 1/1/2018, all redlined/frozen staff not receiving an increase to their base wage rate will receive a 1.5% lump sum payment. CUSTOMER SERVICE REPRESENTATIVE Base Scale Steps 4/1/2011 1/1/20151/1/2016 1/1/2017 1/1/201 8 2% 2% 2% 1.5% 1st year $22.47 $22.92 $23.38 $23.85 $24.20 2nd year $23.90 $24.38 $24.87 $25.36 $25.74 3rd year $25.53 $26.04 $26.56 $27.09 $27.50 -124- 4th year $26.78 $27.32 $27.86 $28.42 $28.85 5th year $28.05 $28.61 $29.18 $29.77 $30.21 6th year $29.34 $29.93 $30.53 $31.14 $31.60 7th year $30.56 $31.17 $31.79 $32.43 $32.92 8th year $32.01 $32.65 $33.30 $33.97 $34.48 CUSTOMER EXPERIENCE REPRESENTATIVE Base scale 1/1/2018 DOR DOR +12 DOR + 24 DOR + 36 0% 0% 1.50% 0% Year 1 $24.20 $24.20 $24.20 $24.56 $24.56 Year 2 $25.74 $25.74 $25.74 $26.13 $26.13 Year 3 $27.50 $27.50 $27.50 $27.91 $27.91 Year 4 $28.85 $28.85 $28.85 $29.28 $29.28 Year 5 $30.21 $30.21 $30.21 $30.66 $30.66 Year 6 $31.60 $31.60 $31.60 $32.07 $32.07 Year 7 $32.92 $32.92 $32.92 $33.41 $33.41 Year 8 $34.48 $34.48 $34.48 $35.00 $35.00 CUSTOMER EXPERIENCE AGENT (hired before September 12, 2014 Base scale 1/1/2018 DOR DOR +12 DOR + 24 DOR + 36 0% 0% 1.50% 0% Year 1 $11.74 $11.74 $11.74 $11.92 $11.92 Year 2 $12.11 $12.11 $12.11 $12.29 $12.29 Year 3 $13.28 $13.28 $13.28 $13.48 $13.48 Year 4 $14.39 $14.39 $14.39 $14.61 $14.61 Year 5 $15.35 $15.35 $15.35 $15.58 $15.58 Year 6 $16.51 $16.51 $16.51 $16.76 $16.76 Year 7 $17.71 $17.71 $17.71 $17.98 $17.98 Year 8 $19.26 $19.26 $19.26 $19.55 $19.55 Year 9 $20.45 $20.45 $20.45 $20.76 $20.76 Year 10 $21.90 $21.90 $21.90 $22.23 $22.23 Year 11 $22.62 $22.62 $22.62 $22.96 $22.96 CUSTOMER SERVICE AGENT (hired before September 12, 2014) Steps 9/12/20 14 1/1/20 15 1/1/201 6 1/1/201 7 1/1/20 18 2.00% 2.00% 2.00% 1.50% 1st year $10.90 $11.12 $11.34 $11.57 $11.7 4 -125- 2nd year $11.24 $11.46 $11.69 $11.93 $12.1 1 3rd year $12.33 $12.58 $12.83 $13.08 $13.2 8 4th year $13.36 $13.63 $13.90 $14..18 $14.3 9 5th year $14.25 $14.54 $14.83 $15.12 $15.3 5 6th year $15.33 $15.64 $15.95 $16.27 $16.5 1 7th year $16.44 $16.77 $17.10 $17.45 $17.7 1 8th year $17.88 $18.24 $18.60 $18.97 $19.2 6 9th year $18.99 $19.37 $19.76 $20.15 $20.4 5 10th year $20.33 $20.74 $21.15 $21.57 $21.9 0 11th year $21.00 $21.42 $21.85 $22.29 $22.6 2 ASSOCIATE CUSTOMER EXPERIENCE AGENT (HIRED ON OR AFTER SEPTEMBER 12, 2014) Base scale 1/1/2018 DOR DOR +12 DOR + 24 DOR + 36 0% 0% 1.50% 0% Year 1 $10.90 $10.90 $10.90 $11.06 $11.06 Year 2 $11.24 $11.24 $11.24 $11.41 $11.41 Year 3 $12.33 $12.33 $12.33 $12.51 $12.51 Year 4 $13.36 $13.36 $13.36 $13.56 $13.56 Year 5 $13.83 $13.83 $13.83 $14.04 $14.04 Year 6 $14.31 $14.31 $14.31 $14.52 $14.52 Year 7 $14.81 $14.81 $14.81 $15.03 $15.03 Year 8 $15.33 $15.33 $15.33 $15.56 $15.56 Year 9 $15.87 $15.87 $15.87 $16.11 $16.11 Year 10 $16.42 $16.42 $16.42 $16.67 $16.67 Year 11 $18.50 $18.50 $18.50 $18.78 $18.78 LEAD TELECOMMUNICATIONS OFFICER Base scale 1/1/2018 DOR DOR +12 DOR + 24 DOR + 36 0% 0% 1.50% 0% 1st year $24.06 $24.06 $24.06 $24.42 $24.42 2nd year $25.70 $25.70 $25.70 $26.09 $26.09 3rd year $27.36 $27.36 $27.36 $27.77 $27.77 4th year $29.02 $29.02 $29.02 $29.46 $29.46 5th year $30.69 $30.69 $30.69 $31.15 $31.15 6th year $32.36 $32.36 $32.36 $32.85 $32.85 7th year $33.99 $33.99 $33.99 $34.50 $34.50 8th year $35.66 $35.66 $35.66 $36.19 $36.19 9th year $37.30 $37.30 $37.30 $37.86 $37.86 TELECOMMUNICATIONS OFFICER Base scale 1/1/2018 DOR DOR +12 DOR + 24 DOR + 36 0% 0% 1.50% 0% 1st year $20.52 $20.52 $20.52 $20.83 $20.83 -128- 3. Increase schedule by 20% in 1994. 4. Single part-time employees will pay the same premium as single full- t ime employees. If part time employees elect coverage for eligible dependents, they will pay 50% of the regular premium British Airways pays. After March 15, 1994 dependents of future full- time and part-time employees will be eligible to participate in the dental plan after completing 180 days of active service. 5. Employee monthly contribution increased to $4.00 for single coverage and $9.00 for coverage with eligible dependents. 6. Maximum benefit of $2,000 per year. MEDICAL British Airways will offer a managed healthcare plan. British Airways will also offer a high deductible health plan with a Health Savings Account (HDHP) from January 1, 2015. The plan design and premium contributions for the HDHP will be set by the Ccompany. 1. Eligibility: Employees will be eligible for both single and dependent coverage after 60 days of active service. 2. Enrollment: Employees will be given the opportunity once a year during Open Enrollment to opt in, opt out or change medical plans. A special enrollment period will be held in 2014 following contract ratification. The 2014 changes will be effective on October 1, 2014. Premium Contributions: All employees (full-time and part-time) participating in the managed healthcare plan will be required to contribute per the following monthly rate schedule. Contributions will be evenly deducted on a weekly basis. 2014 1/1/2015 1/1/2016 1/1/20187 Full-time (40-hr) EE EE+child(ren) EE+spouse EE+spouse+child(ren) 10% $62 $118 $131 $199 16% $100 $190 $211 $321 18.0% $119 $226 $250 $381 20.0% $14439 $27565 $293304 $46346 Part-time EE EE+child(ren) EE+spouse EE+spouse+child(ren) 16% $62 $189 $209 $318 22% $100 $262 $289 $441 25% $119 $314 $347 $529 28% $14439 $275371 $304410 $463625 -129- On 1/1/2018, premium contributions will increase by the lesser of 4% or the projected increase in premium equivalent rates. 3 .Plan Design: The managed healthcare plan design is outlined below: In-network: 2014 Post contract ratification 1/1/2015 1/1/2016 1/1/2017 Deductible $150 single $300 family $500 single $1,000 family $600 single $1,200 family $700 single $1,400 family Coinsurance 20% 20% 20% 20% **Out of pocket maximum (includes copays, deductible and coinsurance) $1,150 single $2,300 family $2,000 single $4,000 family $2,500 single $5,000 family $2,500 single $5,000 family PCP office visit $25 copay $25 copay $30 copay $30 copay Specialist visit $40 copay $40 copay $50 copay $50 copay Emergency room visit $100 copay $100 copay $120 copay $120 copay Preventive care Covered at 100% Covered at 100% Covered at 100% Covered at 100% Prescription drugs (Retail) $10/$30/$50 copays $11/$31/$51 copays $12/$32/$52 copays $13/$33/$53 copays Prescription drugs (Mail order – 3 months supply) $20/$60/$100 copays $22/$62/$102 copays $24/$64/$104 copays $26/$36/$106 copays Out-of- network: 2014 Post contract ratification 1/1/2015 1/1/2016 1/1/2017 Deductible $550 single $1,100 family $1,200 single $2,400 family $1,300 single $2,600 family $1,400 single $2,800 family Coinsurance 40% 40% 40% 40% **Out-of- pocket maximum $2,500 single $5,000 family $4,750 single $9,500 family $5,000 single $10,000 family $5,000 single $10,000 family -130- (includes copays, deductibles and coinsurance) Hospital admittance pre-certification is required. The Ccompany may request a meeting with the IAM representatives to discuss and agree possible plan provision adjustments to the plan, such as tiered provider networks and mandatory mail order for maintenance drugs. **Out of pocket maximums shall include all copays including drug prescription copays, all deductibles & all coinsurance payments in its calculations. 4. The Ccompany may introduce a wellness program that provides for financial incentives consistent with program goals and objectives. 5.Chapter 12Q of the San Francisco Administrative Code, the Health Care Accountability Ordinance (“HCAO”), is expressly waived in its entirety with respect to employees covered by this Agreement. 6.Full-time employees receiving Long Term Disability Benefits may continue to contribute in the Company’s group health insurance plans subject to the same conditions as active unit employees, as such plans and conditions may change from time to time, for up to two and a half (2.5) years following their first becoming eligible for Long Term Disability Benefits. At the date of ratification (September 12, 2014), current employees who are receiving Long Term Disability Benefits shall continue with active medical coverage. LIFE INSURANCE l. Basic Life Insurance schedule as per September 6, 1990 increase. See attached schedule. (No change in Supplemental Life Insurance - one year’s basic salary up to a maximum of $80,000) LONG TERM DISABILITY Benefit to 65% of base salary up to a maximum of $6,000. Full-time employees receiving Long Term Disability Benefits may continue to participate in the Company's group health insurance plans subject to the same conditions as active unit employees, as such plans and conditions may change from time to time, for up to two and a half (2.5) years following their first becoming eligible for Long Term Disability Benefits. Employees who are receiving Long Term Disability Benefits as at September 12, 2014 shall continue with active medical coverage. B.A. PENSION (benefit frozen effective 9/30/2003) 1. Use outstanding sick leave to increase credited service using following schedule: -133- FOR BRITISH OVERSEAS AIRWAYS CORPORATION: J.M. Rhind Richard J. Egan Dated: 14 January 1965 LETTER OF UNDERSTANDING #7 It is hereby mutually agreed and understood that at small stations outside of New York it is not always possible to have employees in specific categories as covered under the Cargo-Passenger Service Agreement and in the event that it is necessary for staff in these categories to perform dual functions they shall be paid a bonus of $25 per month over and above their basic rate. FOR INTERNATIONAL ASSOCIATION OF MACHINISTS: George Kleiman FOR BRITISH OVERSEAS AIRWAYS CORPORATION: J.M. Rhind Richard J. Egan Dated: 14 January 1965 LETTER OF UNDERSTANDING #18 It is hereby mutually agreed and understood that the Company agrees to continue its present practice of paying the cost of parking at Airports where employees covered in this Agreement are located. It is also agreed that where at any airport the parking facilities available to employees are drastically changed the Company will negotiate the changed circumstances with representatives of the I.A.M. FOR INTERNATIONAL ASSOCIATION OF MACHINISTS: Wally Haber FOR BRITISH OVERSEAS AIRWAYS CORPORATION: G.S. Drain Dated: 6 September 1973 Letter of Agreement (Kitchen Functions) British Airways will contract out all kitchen functions at all British Airways lounges, including providing refreshments and ordering and maintaining supplies; maintaining records of materials and lounge usage; maintaining lounge dishes and utensils used for refreshments and meal service; and providing such other related kitchen services as required by the Company. Staff currently providing kitchen related duties will be reassigned to customer service agents duties at their location. Letter of Agreement (Passenger Service) -134- British Airways agrees to staff the following stations: San Francisco, Charlotte, Seattle, Baltimore, Denver, Phoenix, and Orlando. British Airways will determine the staffing requirements of each station and staff according to the needs of the stations. These stations will be staffed by British Airways staff prior to December 2001. Letter of Agreement (PHL Cargo) Cargo functions performed at Philadelphia will no longer be considered work partially or fully reserved to the IAMAW. It is agreed that the Company may at its sole discretion subcontract the cargo functions at Philadelphia. The cargo staff at Philadelphia will be reduced through attrition. Until such time when all Philadelphia cargo staff attrite out, the work that they perform will be cargo related as assigned by management. This may or may not be work unique to Philadelphia. In addition to relevant duties as listed in the Customer Service Agents and Customer Service Representative job descriptions; staff currently at PHL Cargo may perform the following duties: (a) Work with the Area Service Delivery Manager and World Cargo Sales on various functions which include (1) booking control and situation reports; (2) FAA security compliance audits; (3) updating customer databases; (4) auditing ground handling agency; (5) general accounts administration; (6) provide support to cargo sales in relation to problem solving; (7) liaise with passenger service; and (8) attend sales and customer service meetings. (b) Coordinate with Ground Handling Agent and World Cargo Sales to ensure maximum revenue, controlled costs, station security, and customer satisfaction. (c) Perform data capture and related administrative duties. If the work is not represented as stated, affected PHL cargo sales staff will be able to exercise their right to enhanced severance until December 31, 1999. Shift Premium Letter Of Agreement (April 14, 2003) The International Association of Machinists and Aerospace Workers, District 142, and British Airways agree to the following terms and conditions as full and final settlement of the issues raised in grievances BA/JFK/20-01 and BA/JFK/11-01 and any other grievance(s) alleging similar facts and circumstances regarding payment of a shift premium to employees with two different shift start times in a work week. (1) When an employee works a shift pattern in the same work week with two different shift start times and neither start time attracts a shift premium then the employee is not entitled to receive any shift premium for the split shift. -135- (2) When an employee works a shift pattern in the same work week with two different shift start times and one of the shift start times does attract a shift premium, then the employee would receive a shift premium of (.63) per hour for all hours worked in that work week. (3) This agreement will become effective April 14, 2003 and applies only to hours worked after that date. (4) (5) Any claims seeking shift premiums for split shifts worked prior to April 14, 2003 will be dismissed in their entirety. (6) (7) The Settlement Agreement will apply to the Engineering Collective Bargaining Agreement and the Customer Services Collective Bargaining Agreement. (8) (9) Working for another employee through a shift or day trade does not create a split shift for the work week. (10) Third Party Passenger Customer Handling Provisions Agreement at JFK Terminal- Cathay Pacific: Where foreign language skill is a requirement for employees in the Cathay Pacific 3rd party handling unit, employees in the Cathay Pacific 3rd party unit with foreign language skills cannot be displaced from the unit by other employees seeking to bid into the unit unless those employees also possess the needed foreign language skill. Such foreign language skilled staff in the unit will remain in the 3rd party handling unit for a minimum period of two years (2) years before being allowed to bid out pursuant to paragraph #3. When/if there is a need for full-time positions at JFK for the purpose of staffing a third party contract, the positions will be posted as temporary full-time positions. Normal bidding processes will apply and if a permanent full-time employee on the BA roster bids onto a third party roster, the temporary full-time position may be posted to the BA roster, and not specifically to the third party roster. These temporary fulltime positions will not be subject to any time limitations and will be exempt from any restriction in Article IX. Letter of Understanding – November 19, 2009 TRANSITION PROVISIONS The Company will transfer U.S. Cargo handling operations and the Skyload Unit functions to third party vendors (non-British Airways handling) at Miami, Chicago, Washington, Boston, Detroit, Los Angeles and New York. This work that is presently performed by the Customer Service Agent (Cargo) and Customer Service Representative (Cargo) classifications pursuant to Article II (a) Scope of Agreement will be transferred to third party handling. This will amend Article II of the Customer Services collective bargaining agreement. It is the Company’s intention to phase the transfer of Cargo work to the third party vendors over the next year through July 2010. -138- for medical or dental coverage will continue to make such respective payments. After this six month period employees will be eligible for COBRA at their own cost. 5. Incumbent IAM employees who are not in the protected groups noted above will be given involuntary severance. The amount of severance will be determined based on the severance chart attached. Staff being severed will be provided with medical and dental insurance coverage based on years of service with the Company. Coverage length will be calculated at a rate of one (1) month per year of service, up to a maximum of six (6) months. Staff currently contributing for medical or dental coverage will continue to make such respective payments. After this, employees will be eligible for COBRA at their own cost. Staff will be required to sign a general release. 6. Severance payments may be taken as either one lump sum, or alternatively split over a two- year period at the employee’s option. The Company will not contest employee’s filing for state unemployment insurance. 7. Employee Transition Agreement – Should any issues arise relating to this transition agreement, the parties will meet as soon as possible to discuss and resolve the issues. 8. In addition to paragraph (1) above the severance program set forth above, a separate voluntary severance program will be made available, equal to the number of all affected employees who exercise their right to a job with British Airways (maximum 56 positions). This program will be made available to IAM employees in the United States, excluding Engineering and Telecommunications staff, in order to avoid involuntary lay-offs due to the job protection provision, contained within the Collective Bargaining Agreement. Company approval of this severance request will be dependent upon an affected employee’s written request to exercise their contractual right to a job at that station. The amount of severance will be determined based on the severance chart attached. Staff electing for this severance will be provided with “active employee” medical and dental insurance based on years of service with the Company. Coverage length will be calculated at a rate of one (1) month per year of service, up to a maximum of six (6) months. Staff currently contributing for medical or dental coverage will continue to make such respective payments. After this, employees will be eligible for COBRA at their own cost. Staff will be required to sign a general release. Approval of all severance requests is at company discretion. 9. In the event the subscription does not equal the number of severances offered, then lay-offs may be necessary. The amount of severance will be governed by the collective bargaining agreement. Any staff member laid off will have recall rights for five (5) years. Letter of Agreement – September 12, 2014 It is hereby mutually agreed and understood that the Company may implement joint customer handling, at JFK, during the term of the new Agreement. Employees of British Airways and personnel of its joint business partners may perform customer facing passenger customer service duties for each other's customers where there is a reciprocal agreement between the joint business partners. The intent of this Letter is to provide seamless -139- service to customers across British Airways and its joint business partners, and is not intended to permit diversion of work as described in item 5 below. The Company agrees that this provision will not be abused and that suspected abuse is subject to the grievance procedure. A joint business partner is one with which British Airways has a revenue sharing arrangement, as it currently has with American Airlines and Iberia Airlines. Notwithstanding any provisions of the Collective Bargaining Agreement, the parties agree that: 1) The Company agrees that it will not lay-off any of its employees as a direct result of other joint business partners' personnel jointly handling British Airways customers. 2) The Company agrees that this Letter of Agreement will not be used to circumvent normal overtime procedures. 3) The Company agrees that the scheduling of staff (rosters) will be consistent with the British Airways operation as if there were no joint handling agreement. 4) The Company agrees that no employee will be expected to perform any functions, duties or tasks for which they have not been trained. 5) The Company agrees that it will not use this Letter of Agreement to intentionally divert British Airways' customers to joint business partners' personnel in an effort to undermine the IAMAW bargaining unit. The following is a non-exhaustive list of examples of how this Letter of Agreement may be used: a) Where British Airways occupies the same terminal as a joint business partner and commences joint handling, a British Airways customer may be directed to any joint business partner personnel during the course of the operation. b) A British Airways customer arrives at T8 to check in and finds out his/her flight departs from the British Airways Terminal, T7. The joint business partner's personnel at T8 would check the customer and his/her bags in, issue a boarding card and accept the bags and transfer the customer to T7. The same would be true for a joint business partner's customer arriving at T7. c) There is no available gate at T7 for an arriving British Airways flight and it is necessary to use an available gate at AA T8. The joint business partner's personnel may assist British Airways employees in providing customer service to that arriving flight. The same would be offered by British Airways staff if a joint business partner's flight arrived at T7. d) A joint business partner's customer arrives at British Airways T7 and needs to file a lost or damaged baggage report or needs some other customer service related help. The British Airways customer service experience staff may be required to take the report and/or provide the necessary solution. The joint business partner's personnel may offer the same service if a British Airways customer arrived at T8. -140- In the event that British Airways decides it wishes to commence joint handling at other British Airways staffed locations, the company will notify the union and the parties will meet and negotiate provisions. If the parties are unable to come to an agreement, joint handling will not take place at that location. This agreement will become effective after September 12, 2014 of the new Collective Bargaining Agreement. Letter of Agreement – September 12, 2014 The Company and the Union agree that the following functions will no longer be considered work partially or fully covered by the CBA: 1. Passenger Service functions at Atlanta, Baltimore, Denver, Dallas, Orlando, Phoenix and Seattle 2. Baggage Service functions at JFK The Company will transfer the above operations to third party vendors (non-British Airways handling). This work that is presently performed by the Customer Service Agent, Customer Service Representative, Baggage Service Agent and Baggage Service Representative classifications pursuant to Article II (a) Scope of Agreement will be transferred to third party handling. This will amend Article II of the Customer Services collective bargaining agreement. Impacted employees covered under the Customer Services collective bargaining agreement may elect severance and choose to accept a position at the third party vendor*. Those employees will be governed by the wages, terms and conditions in effect at the third party vendor. Severance per the below chart. Medical coverage post severance will be calculated at the rate of one (1) month per year of service, up to a maximum of six (6) months. Staff retiring with BA who are age 65 or older will continue on BA healthcare through the end of the month following their exit date and will move to retiree medical on the first of the month following their retirement and be eligible for the Retiree Reimbursement Account. Customer Services Involuntary Severance* Years of Severance Benefit (paid weeks) Service 1 1 2 3 3 5 4 7 5 10 6 18 7 21 8 24 9 27 10 30 11 33 -143- Voluntary Severance* Completed Years of Service Severance Benefit (paid weeks) 5 5 6 7 7 9 8 11 9 13 10 15 11 18 12 21 13 24 14 27 15 30 16 33 17 36 18 39 19 42 20 45 21 48 22 51 23+ 52 *The Severance calculation above is based on completed years and months of service. All employees seeking to participate in these programs will be required to adhere to the terms and conditions of the program, including execution of a binding general release. Centralized Load Control – (CLC) The Company will transfer the current Load Control work functions outside of North America to other British Airways sites and/or to a third party provider. The Load Control work that is presently performed by qualified Customer Service Agents and Customer Service Representative classifications pursuant to Article II and Article IV of this agreement will be transferred overseas, outside of North America, and not be covered under the BA/IAMAW Collective Bargaining Agreement. This will amend Article II and Article IV of this Agreement. Should the Company decide in the future to transfer this work back to North America it will be recognized as falling under Article II and Article IV of the BA/IAMAW Collective Bargaining Agreement, and be staffed by bargaining unit employees, and will once again form part of the functions and job description of Customer Service Agents and Customer Service Representatives classifications. -144- Employee Provisions The Company intends to transfer the work listed above. The work transfer will take place after ratification of the new Collective Bargaining Agreement. When the transfer of work occurs, the provisions of the Collective Bargaining Agreement will apply: 1. Staff displaced from the Load Control unit will be able to bid on any British Airways shift roster that their classification seniority would entitle them to bid on, until the next shift bid is held and all staff can bid on British Airways and third party rosters. 2. Voluntary Severance will be available subject to the negotiated conditions of the voluntary severance program for the Customer Service Agent and Customer Service Representative classifications. Telecommunications Should British Airways retain the leasehold at Terminal 7, or any other terminal at JFK, but cease to serve as the terminal operator, the current scope of work performed by the Lead Telecommunications Officer (Maintenance) and Telecommunications Officer (Maintenance) will be reduced to the functions required to maintain IT services and equipment solely used by British Airways for its flight and business operations. Transition Provisions The Ccompany will endeavor to provide job guarantees for impacted staff with the third partythird- party provider responsible for maintaining IT services and equipment in the terminal. Severance will be made available to impacted staff per the negotiated involuntary severance in Customer Services. Letter of Agreement Associate Customer Experience Representative (ACER) This Letter of Agreement (LOA) is made and entered into in accordance with Title II of the Railway Labor Act, as amended, by and between British Airways, Inc. (hereinafter referred to as the “Company”) and District Lodge 142 of the International Association of Machinists and Aerospace Workers, AFL-CIO, (hereinafter referred to as the “Union”), or, hereinafter collectively referred to as the “Parties”. The Parties hereby agree as follows: WHEREAS, the parties have been engaged in Section 6 negotiations under the auspices of the National Mediation Board (NMB) that will result in a Tentative Agreement, and -145- WHEREAS, there has been an expressed interest by the Company in creating a new Associate Customer Experience Representative (ACER) position, and WHEREAS, the history of this Collective Bargaining Agreement has been such that there has never been an ACER position, and WHEREAS, the implementation of a new ACER position has an inherent possibility of creating seniority and bidding issues, and WHEREAS, the Company and Union will need to be able to react to any such issues post ratification. NOW, THEREFORE, the Parties hereby agree to the following: 1. The parties agree to implement the new ACER positions under the terms and conditions set forth in this LOA. 2. This LOA will facilitate either the Company or Union being able to bring forward issues that may arise as a part of the implementation or any process, element or issue not addressed or otherwise not contained in this LOA. This will allow corrections to be developed and implemented outside of this Collective Bargaining Agreement and any associated ratification process, however, any such process must be mutually developed and agreed to by the Company and Union. 3. The parties agree to the following guidelines for the implementation of the new ACER positions: A. ACER’s - General 1) All ACER’s will have separate seniority and a stand-a-lone ACER seniority list. In addition, they will not accrue any full-time Customer Service Representative (CSR) seniority. 2) An ACER’s job description shall be the same as a CSR as described in Article IV of this CBA except that it shall be on a part-time basis. 3) If an ACER bids and is the successful bidder for full-time CSR position they will be placed at the bottom of the full-time CSR seniority list (unless they hold previously accrued full-time (frozen) CSR seniority). 4) No previous ACER seniority will be credited on the full-time CSR seniority list. 5) All ACER’s shall be paid according to their classification seniority and the relevant step on the existing CSR pay scale found in this CBA.