Originally Posted by
Frogman
13-A. Partial Termination.
Unless the Parties agree otherwise, the Airline Parties
may jointly terminate the provisions of Sections 4-D (Domiciles), 7-A (Furlough
with regard to United Pilots only), 7-C (Flying Ratios), 7-D (Domicile and Base
Protection), and 9 (ALPA Travel), individually or collectively, at any time on or
after December 31, 2011, if the parties have not reached a tentative agreement on a
JCBA by that date.
13-D. Effect of Termination
. Termination of this Transition and Process
Agreement will not affect a Party’s obligations under Sections 3, 7-B-(iv), 8, 11,
12, and applicable definitions in Section 1, nor will it affect any outstanding
payment obligations under Section 15. A Pilot who has been employed pursuant
to Section 7-B will continue, at his option, to be employed by the employing
Airline in accordance with that Airline’s collective bargaining agreement;
however, two (2) months after termination of this Transition and Process
Agreement his pay rate going forward will be adjusted to reflect only his accrued
service credit at the employing Airline.
What's your take on this section. It apears to me that we could go back to first year pay if the agreement is terminated by the company.
Negative.
You will note that '7-B (Job Opportunities)' is absent from the partial termination section below (13-A). The pay provision of 7-B can only be terminated if the entire T/A is terminated, and since 13-C is no longer a player, that leaves 13-B. Which takes Alpa concurrence.
13-A. Partial Termination. Unless the Parties agree otherwise, the
Airline Parties may jointly terminate the provisions of Sections 4-D (Domiciles), 7-A (Furlough
with regard to United Pilots only), 7-C (Flying Ratios), 7-D (Domicile and Base
Protection), and 9 (ALPA Travel), individually or collectively, at any time on or
after December 31, 2011, if the parties have not reached a tentative agreement on a
JCBA by that date.
13-B. Termination by Agreement.
The Parties may terminate this Transition
and Process Agreement whenever they shall agree to do so.
13-C. Termination by Notice. An Airline Party or ALPA may terminate this
Transition and Process Agreement on fifteen (15) days notice delivered to the
other Parties at any time following termination of the Merger Agreement under
Section 8.1 of that Agreement.
13-D. Effect of Termination. Termination of this Transition and Process
Agreement will not affect a Party’s obligations under Sections 3, 7-B-(iv), 8, 11,
12, and applicable definitions in Section 1, nor will it affect any outstanding
payment obligations under Section 15. A Pilot who has been employed pursuant
to Section 7-B will continue, at his option, to be employed by the employing
Airline in accordance with that Airline’s collective bargaining agreement;
however, two (2) months after termination of this Transition and Process
Agreement his pay rate going forward will be adjusted to reflect only his accrued
service credit at the employing Airline