Article 3 – Recognition and Scope
2 A. In accordance with Certification Case No. R-6435 by the National
3 Mediation Board, the Communications Workers of America (CWA) is
4 the representative union of the craft or class of Passenger Service
5 Employees.
6 B. Each airport station is identified as either Class I, Class II, or Mainline
7 Express for the purpose of applying this agreement. Those airport stations
8 are defined as follows:
9 1. Class I stations shall be those stations that have more than eighty
10 four (84) mainline (wherever the word “mainline” appears in this
11 agreement it shall mean US Airways, Inc. jet aircraft) scheduled jet
12 departures weekly. Class II stations shall be those stations that have
13 eighty-four (84) or fewer mainline scheduled jet departures weekly.
14 2. In Class II stations, Passenger Service work may be performed by
15 US Airways non-management fleet service opentime employees not
16 covered by this agreement as required, provided that such work does
17 not exceed fifty (50) percent of the employee’s scheduled hours on
18 an annualized basis.
19 3. In Class II stations, US Airways non-management fleet service
20 employees may perform Passenger Service work, provided such
21 work does not exceed twenty-five percent (25%) of their scheduled
22 work hours, on a quarterly basis. The Company will not use this
23 provision to decrease the ratio of cross-utilized passenger service
24 employees to cross-utilized fleet service employees at the location
25 on the date of this Agreement.
26 4. In Class II stations and US Airways Club locations with ten (10) or
27 fewer active employees, Passenger Service management may assist
28 in performing passenger service work provided that such work does
29 not exceed two hours per day. This provision is not intended to be
30 used to avoid using overtime where coverage for a scheduled shift is
31 necessary. See Attachment G.IV.C for future modification.
32 5. In Class II stations, Passenger Service employees may be assigned
33 and will perform other station work not covered by this agreement as
34 required by the Company.
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1 6. When a Class II city becomes a Class I city, the Company shall
2 cease assigning Passenger Service work to fleet service employees
3 within ninety (90) days of becoming a Class I city. When a station is
4 due to convert to a Mainline Express location, in an effort to provide
5 a smooth transition, the Union agrees that the Company will have the
6 right for a period of ninety (90) days following the initial transition
7 in any location to accomplish such transition on an incremental
8 "tranche" basis and may assign non-CWA employees.
9 7. Change in Station Class:
10 a. After the initial establishment of Class I and Class II stations, if
11 a Class I station’s scheduled mainline weekly jet departures are
12 reduced to a level below sixty-four (64) on an annualized basis,
13 that station shall become a Class II station.
14 b. Should a Class II station's scheduled mainline weekly jet
15 departures increase to more than one-hundred and twelve (112)
16 on an annualized basis, such station shall become a Class I
17 station.
18 8. The initial establishment of station Class will be based on the twelve
19 (12) month weekly average of scheduled mainline jet departures
20 calculated for the twelve (12) months immediately preceding the
21 effective date of this agreement. Changes in station Class shall be
22 based on a twelve (12) month weekly average, with the first average
23 to be calculated one year from the effective date of this agreement,
24 and others to be calculated every twelve months thereafter.
25 9. In the event that Mainline jet service in a non-hub station (CLT, PIT
26 and PHL are hub stations) is replaced entirely with Express service,
27 and where Passenger Service employees perform the Express work,
28 the Passenger Service employees in that location may continue to
29 perform the Express work and shall be part of the Express
30 classification group. In the event that a mainline location becomes
31 an Express location as described above, such employees in seniority
32 order may elect the Express positions. Any employee not electing an
33 Express position or any employee not awarded an Express position
34 due to the need for fewer employees and due to lack of seniority will
35 be displaced under Mainline rules as described in Article 12 of this
36 Agreement.
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10. Except as provided f 1 or below, all new stations added to Company
2 service after the date of signing of this agreement shall be treated as
3 covered Class II stations; provided, however, that the Company may
4 contract out passenger service work during the first six months of the
5 station’s operations where sufficient personnel, facilities or
6 equipment are not available. Any changes to such station’s Class
7 shall be based on a twelve (12)-month weekly average, on the same
8 schedule as described in paragraph 7 above.
9 The Company may operate up to two (2) daily mainline jet departures
10 in Express stations.
11 In the event that the Company opens a new city, on or after January 15,
12 2003, such city(s) will not be covered under the Basic Agreement, as
13 amended, where there are four (4) daily mainline jet departures, or
14 fewer. In the event that mainline flying exceeds this threshold, such
15 city will be covered under the Basic Agreement, as amended, within
16 120 days of commencement of such flying.
17 The Company may use contractors to perform passenger service work
18 where company Charters are operated into non-CWA represented
19 cities.
20 The Company may add mainline flying into Express stations on a
21 seasonal basis not to exceed a single four (4) month period of
22 continuous flying in a calendar year.
23 C. Each Company Reservation Center facility is considered to be a separate
24 location for the purposes of this article. A center with multiple facilities
25 or buildings will be considered a single location.
26 D. The Company shall not furlough to the street, as a direct result of
27 contracting out any work as provided under this Agreement, any
28 Passenger Service employee whose name appears on the seniority list as
29 of December 13, 1999. This provision will not apply to employees who
30 fail to exercise their seniority to the fullest extent possible to any position
31 offered on the system. The Company also agrees that it will not displace
32 any Passenger Service employees from a station, or reduce any full-time
33 employees to part-time status within the station, as a direct result of the
34 assignment of ticket lift and/or boarding pass lift/verification or operation
35 of jetways to other US Airways employees.
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1 E. It is understood that the Company reserves the right to contract out any
2 Passenger service work when the Company's personnel, equipment or
3 facilities are not reasonably available. Examples of the application of
4 this paragraph include subcontracting facilities and personnel at White
5 Plains airport (HPN) where all facilities are county owned and operated
6 by county employees, and subcontracting personnel to handle a diverted
7 flight at a location where US Airways personnel are not available.
8 F. The following work shall not fall within the scope of this agreement
9 except for when and where so directed:
10 1. US Airways Express (except Mainline Express as provided for in
11 Paragraph B.9 above).
12 2. US Airways Internet travel services, or any related service, including
13 but not limited to Personal Travel Works and Priority Travel Works.
14 3. Work performed at a Travel Agency.
15 4. Installation, removal, repair, relocation, maintenance, programming,
16 engineering, technical assistance or similar functions associated with
17 any computer system, internet reservation system,
18 telecommunications system, automated ticketing device, passenger
19 processing device or any other new technology or equipment.
20 G. Notwithstanding other provisions of this article, employees not covered
21 by this agreement may perform Passenger Service work in cases of
22 irregular operations, emergencies, for the purpose of instructing or
23 training employees, or for providing unscheduled individualized
24 customer assistance. A situation shall not be deemed to be an emergency
25 or irregular operation within the meaning of this paragraph where
26 scheduled or overtime employees are reasonably available to adequately
27 handle the requirement.
28 H. The Union recognizes that the Company shall have sole jurisdiction,
29 subject to the terms of this agreement, over the management and
30 operation of its business, the direction of its working force, the right to
31 establish rules and regulations, to maintain efficiency in its place of
32 employment, and the right of the Company to hire, promote, demote,
33 select for training, discipline and discharge employees for just cause. It
34 is agreed that the rights listed here shall not be deemed to exclude other
35 rights of management not listed which do not conflict with other
36 provisions of this agreement.
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I. The Company reserves t 1 he right to implement new technology or
2 equipment at the time and in the manner designated by the Company.
3 Work that falls within the scope of this agreement associated with the
4 operation of the new equipment or technology will be assigned to
5 employees covered by this agreement. If the introduction, modification or
6 expansion of new technology or equipment will result in a direct
7 reduction in force of Passenger Service employees, the Company will
8 consult in advance with the union regarding efforts to minimize the
9 impact of such changes on affected Passenger Service employees.
10 J. In US Airways Club facility locations, Club Managers may perform
11 Passenger Service club work as needed at club locations employing ten
12 or fewer active Club Representatives once voluntary overtime provisions
13 have been exhausted.
14 K. The Union recognizes that the Company shall have the right to enter into
15 marketing, alliance or code-sharing agreements with other carriers under
16 which US Airways may perform passenger service work for the other
17 carrier, and/or the other carrier agrees to perform passenger service work
18 for US Airways. The Company agrees that any such agreement shall
19 provide for a fair pro rata allocation of work (based on enplaned
20 passengers or other appropriate measurements) between CWA21
represented employees of US Airways and the U.S.-based employees of
22 the other carrier.