Since both carriers flight attendants are AFA/CWA members, the constitutional and by laws which governs the AFA come into play. There is more about this on the AFA/CWA web-site.
The merger representatives shall be responsible for determining the seniority number, the date from which each flight attendant accrues competitive (bidding) seniority as a flight attendant on her/his current seniority list (hereafter "seniority date"), the initial date on which each flight attendant commenced operational training attendant to commencing duties as a flight attendant (hereafter "initial training date"), the number of days after initial training date spent by each flight attendant in initial operational training prior to qualification as a flight attendant (hereafter "training days"), whether the flight attendant accrued seniority for any or all such training days and, if so, the number of days accrued. Such data shall be compiled as of the date of the merger agreement between the affected airlines, unless the merger representatives agree to a later date, provided that use of such later date shall not delay the process for compilation of data. (See note)
Note: It is the intent of this policy that the "seniority date" of a flight attendant shall be the date from which each flight attendant accrues competitive (bidding) seniority as a flight attendant as of the date of the merger agreement between the affected airlines. It is recognized that this seniority date may be different than the flight attendant's initial training date or may have been adjusted for various reasons since the original date on which the flight attendant began to accrue seniority on or after initial training date; in such cases, the "seniority date" is not to be changed back to the original date on which the flight attendant began to accrue seniority.
b. The merger representatives shall strongly urge the respective carriers to make available for inspection and copying all records necessary to ascertain and to verify such information and data, and the merger representatives of each group shall, at the appropriate time, be entitled to examine the data utilized by the other.
c. It is intended that clerical and staff assistance be used to compile this data where practicable and that such data, once compiled, shall be stored by the AFA-CWA office for future use as needed.
d. The merger representatives shall forward a statement of their findings via certified mail, addressee only, return receipt requested, to each flight attendant within sixty (60) days of their appointment. Notices must be posted on each domicile AFA-CWA bulletin board that this statement has been mailed out to each flight attendant and outline the responsibility of the flight attendant to verify or challenge these findings within the allotted time period. In addition, if a newsletter is being published during this time period, the information posted on the bulletin board should be included in it.
e. It is the responsibility of the individual flight attendant to verify or challenge the findings of the merger representatives within thirty (30) days of receipt and to support the protest, if any, by written statement of fact. In addition, such protesting flight attendant may request a hearing before the merger representatives. All timely requests for a hearing will be granted.
f. The merger representatives will receive and evaluate all protests and will adjudge the validity of the claim. Their decision will be final and such decision shall be in writing and shall be forwarded to the flight attendant following completion of the hearing, if any, by the means outlined in Section C.2.d. above.
g. Certified Seniority Lists — Upon completion of the process outlined above, the merger representatives shall promptly and without delay prepare a flight attendant seniority list and shall certify that the list reflects the proper relative position of each flight attendant thereon, and that the information provided is the most accurate information available. The relative position of the flight attendants on their respective seniority lists shall be maintained. Such list shall contain the following information compiled pursuant to Section 2.a. above pertaining to each individual listed: seniority number, name, seniority date, initial training date, training days, whether the flight attendant accrued seniority for any or all such training days and, if so, the number of days accrued.
h. The merger representatives involved in a merger may, by mutual agreement and with the approval of the International President, make adjustments for compilation of employment data and related time limits, using existing policy as a guide, but shall otherwise follow existing policy.
i. The International President may adjust the date for commencing compilation of employment data and related time limits until the International President determines that there is a reasonable probability that the merger will be consummated. The International President may also adjust such date and related time limits until there are reasonable assurances that the affected flight attendants will have access to appropriate labor protective provisions providing for transfer of employment and seniority from one company to another.
The merger representatives shall be responsible for determining the seniority number, the date from which each flight attendant accrues competitive (bidding) seniority as a flight attendant on her/his current seniority list (hereafter "seniority date"), the initial date on which each flight attendant commenced operational training attendant to commencing duties as a flight attendant (hereafter "initial training date"), the number of days after initial training date spent by each flight attendant in initial operational training prior to qualification as a flight attendant (hereafter "training days"), whether the flight attendant accrued seniority for any or all such training days and, if so, the number of days accrued. Such data shall be compiled as of the date of the merger agreement between the affected airlines, unless the merger representatives agree to a later date, provided that use of such later date shall not delay the process for compilation of data. (See note)
Note: It is the intent of this policy that the "seniority date" of a flight attendant shall be the date from which each flight attendant accrues competitive (bidding) seniority as a flight attendant as of the date of the merger agreement between the affected airlines. It is recognized that this seniority date may be different than the flight attendant's initial training date or may have been adjusted for various reasons since the original date on which the flight attendant began to accrue seniority on or after initial training date; in such cases, the "seniority date" is not to be changed back to the original date on which the flight attendant began to accrue seniority.
b. The merger representatives shall strongly urge the respective carriers to make available for inspection and copying all records necessary to ascertain and to verify such information and data, and the merger representatives of each group shall, at the appropriate time, be entitled to examine the data utilized by the other.
c. It is intended that clerical and staff assistance be used to compile this data where practicable and that such data, once compiled, shall be stored by the AFA-CWA office for future use as needed.
d. The merger representatives shall forward a statement of their findings via certified mail, addressee only, return receipt requested, to each flight attendant within sixty (60) days of their appointment. Notices must be posted on each domicile AFA-CWA bulletin board that this statement has been mailed out to each flight attendant and outline the responsibility of the flight attendant to verify or challenge these findings within the allotted time period. In addition, if a newsletter is being published during this time period, the information posted on the bulletin board should be included in it.
e. It is the responsibility of the individual flight attendant to verify or challenge the findings of the merger representatives within thirty (30) days of receipt and to support the protest, if any, by written statement of fact. In addition, such protesting flight attendant may request a hearing before the merger representatives. All timely requests for a hearing will be granted.
f. The merger representatives will receive and evaluate all protests and will adjudge the validity of the claim. Their decision will be final and such decision shall be in writing and shall be forwarded to the flight attendant following completion of the hearing, if any, by the means outlined in Section C.2.d. above.
g. Certified Seniority Lists — Upon completion of the process outlined above, the merger representatives shall promptly and without delay prepare a flight attendant seniority list and shall certify that the list reflects the proper relative position of each flight attendant thereon, and that the information provided is the most accurate information available. The relative position of the flight attendants on their respective seniority lists shall be maintained. Such list shall contain the following information compiled pursuant to Section 2.a. above pertaining to each individual listed: seniority number, name, seniority date, initial training date, training days, whether the flight attendant accrued seniority for any or all such training days and, if so, the number of days accrued.
h. The merger representatives involved in a merger may, by mutual agreement and with the approval of the International President, make adjustments for compilation of employment data and related time limits, using existing policy as a guide, but shall otherwise follow existing policy.
i. The International President may adjust the date for commencing compilation of employment data and related time limits until the International President determines that there is a reasonable probability that the merger will be consummated. The International President may also adjust such date and related time limits until there are reasonable assurances that the affected flight attendants will have access to appropriate labor protective provisions providing for transfer of employment and seniority from one company to another.
