Flytolive

Sorry I scanned your post and thought you were asking for the UAL contract. Here is the IACP 1997 Scope language.

Section 1 - Recognition, Scope, Management Rights and No Strike Part 1 - Recognition
A. In accordance with Certification Number R-6193 issued by the National Mediation Board on July 7, 1993, Continental Airlines, Inc., (the “Company”), recognizes the Independent Association of Continental Pilots (the “Association”) as the collective bargaining representative of the flight deck crew members employed by the Company with the authority and obligation to represent them for the purposes of the Railway Labor Act, as amended.
B. This Collective Bargaining Agreement and any formal letters of agreement between the Company and the Association may be collectively referred to as the “Agreement.”
Part 2 - Scope
A. This Agreement covers all revenue and all known and recurring miscellaneous flying performed by the Company with jet equipment with a maximum FAA certificated capacity of 60 seats or more, and/or turboprop aircraft of 80 seats or more. This Agreement also covers all revenue and all known and recurring miscellaneous flying performed by Continental Micronesia, Inc., so long as the Company has a Controlling interest in Continental Micronesia, Inc. All flying covered by this Agreement shall be performed by pilots whose names appear on the Continental Airlines, Inc. Pilots’ System Seniority List.
B. The Company shall not directly or through an Affiliate establish any new airline or acquire a Controlling interest in any carrier, which operates jet equipment or jet replacement aircraft with a maximum FAA certificated capacity of sixty (60) seats or more, and/or turboprop aircraft of eighty (80) seats or more for the purpose of avoiding the terms of this Agreement.
C. Should any Subsidiary carrier in which the Company has a controlling interest operate jet equipment or jet replacement aircraft with a maximum FAA certificated capacity of sixty (60) seats or more, and/or turboprop aircraft of eighty (80) seats or more, pilots on the Continental System Seniority List will be given the opportunity to fly this equipment for such carrier under the terms of this Agreement.
D. The Company shall not allow its code to be placed on any flight operated by Continental Express or any other domestic commuter feeder airline which is Controlled by the Company, which flight utilizes jet equipment or jet replacement aircraft capable of a maximum FAA certificated capacity of sixty (60) seats or more, and/or turboprop aircraft of eighty (80) seats or more.
E. For the purposes of this Section, the following definitions will apply:
1. “Affiliate”, with respect to a specified Entity, means:
a. any Subsidiary, Parent or division of the specified Entity, or
b. any other Subsidiary, Parent or division of either a Parent or a Subsidiary of the specified Entity, or
c. any Entity that Controls the specified Entity or is Controlled by the specified Entity whether directly or indirectly through the Control of other Entities.
d. The term Affiliate of the Company shall exclude Northwest Airlines Corporation and its Affiliates (together “NWA”) so long as the voting restrictions with respect to NWA set forth in the Governance Agreement dated as of January 25, 1998 among the Company, Northwest Airlines Corporation and Newbridge Parent Corporation (the “Governance Agreement”) remain in effect.
2. “Parent” means any Entity that Controls another Entity.
3. “Subsidiary” means any Entity that is Controlled by another Entity.
4. “Entity” means a natural person, corporation, association, partnership, trust or any other form for conducting business, and any combination or concert of any of the foregoing.
5. “Control” or a “Controlling interest” of an Entity shall mean the ownership of an equity interest representing more than fifty percent (50%) of the outstanding capital stock of an entity or voting securities representing more than fifty percent (50%) of the total voting power of outstanding securities then entitled to vote generally in the election of such Entity’s board of directors or other governing body; provided, however, that NWA shall not be deemed to Control the Company or its Affiliates or have a Controlling interest therein so long as the voting restrictions with respect to NWA set forth in the Governance Agreement remain in effect.
Part 3 - Subcontracting
A. “Subcontracted Revenue Flying” as used in this Agreement shall refer to transactions in which the Company contracts for another carrier and its pilots to perform flying (e.g., a “wet lease”) covered by the Scope provisions of Section 1, Part 2 of this Agreement.
B. Except for the irregular operations enumerated below, or unless compelled to solely due to circumstances over which the Company does not have control as specified in paragraph C below, the Company will not engage in Subcontracted Revenue Flying without prior written agreement with the Association. “Irregular operations” shall be passenger and/or cargo accommodation due to flight cancellations in the normal course of business (e.g., weather, mechanical or other operational reasons), accommodations of passengers and/or cargo pursuant to standard industry practices (e.g., overbookings), and transportation of excess baggage.
C. The Company may engage in Subcontracted Revenue Flying solely due to circumstances over which the Company does not have control, for a time not to exceed the duration of the circumstance beyond the Company’s control or twelve (12) months, whichever is less. Circumstances beyond the Company’s control shall be: an act of nature; an ongoing labor dispute; grounding or repossession of a substantial number of the Company’s
aircraft by a government agency or a court order; loss or destruction of the Company’s aircraft; involuntary reduction in flying operations due to either a decrease in available fuel supply or other critical materials for the Company’s operation; revocation of the Company’s operating certificate(s); war emergency; or a substantial delay in the delivery of aircraft scheduled for delivery. If the Company has insufficient aircraft to fly newly awarded international route authorities, it may engage in Subcontracted Revenue Flying on the international route(s) for a period of six (6) months or until sufficient aircraft are acquired, whichever is less.
D. Flying performed by another carrier pursuant to a Marketing Agreement, as defined in Part 4.A, shall not be considered Subcontracted Revenue Flying.
Part 4 - Code-Share and Marketing Agreements
A. For purposes of this Section, “Marketing Agreement” shall mean flying performed by another carrier (including NWA and its Affiliates) whereby the other carrier transports passengers and/or cargo pursuant to a code-share, marketing, interline, joint venture, pro- rate, block-space agreement, or any other agreement or arrangement whereby another carrier uses the Company’s designator codes or operates aircraft bearing the Company’s name, trade name, logo, livery, trade marks or service marks or otherwise holds out to the public that the Company or an Affiliate of the Company (as defined in Part 2.E) is performing or is otherwise associated with the flying. Flying performed pursuant to Marketing Agreements is permitted so long as the requirements of this Part are satisfied.
B. During the period any Marketing Agreement remains in effect:
1. there shall be no reduction in the Company’s scheduled flying (aggregate scheduled block hours measured monthly as an arithmetic average of the level for the twelve (12) months prior to the initial implementation of the Marketing Agreement); and
2. there shall be no reduction in permanent pilot positions or in the status or pay category of any pilot (measured monthly as an arithmetic average of the level for the twelve (12) months prior to the initial implementation of the Marketing Agreement); and
3. there shall be no reduction in the number of aircraft in the Company’s fleet (including equipment on order), except for aircraft retirements in the normal course of business,
C. unless the Company demonstrates any such reductions were attributable to economic or other reasons not related to the Marketing Agreement.
Part 5 - No Strike Commitment
A. From the effective date of the Agreement through thirty (30) days following the date, if any, that the parties are released from mediation by the National Mediation Board in connection with negotiations for a successor Agreement (the “Release Date”), the Association, including but not limited to its directors, officers, representatives and agents, will not engage in, promote, or cause any strike or work stoppage at the Company or Continental Micronesia, Inc. including but not limited to sympathy strikes or recognition
of picket lines at the Company, and the Association will not otherwise support picket lines established at the Company, or cause any other organized job action.
B. The commitment stated in paragraph A above shall be inapplicable as of the Release Date without regard to whether the parties are then engaged in collective bargaining under the Railway Labor Act. The Company waives any claim that the commitment stated in paragraph A above remains applicable on or after the Release Date pursuant to the Railway Labor Act’s status quo provisions or otherwise. During the period that the commitment in paragraph A above remains inapplicable, it is acknowledged that the Agreement will contain no contractual prohibition on the ability of the Association and the pilots to honor lawful picket lines.
C. It shall not be a violation of this Agreement, and it shall not be cause for discharge, permanent replacement or any other disciplinary action if any pilot:
1. refuses to perform work or services on flights where the Company, pursuant to an agreement or arrangement with another air carrier, is performing that carrier’s flying and that carrier’s pilots are engaged in a lawful strike (i.e., performing “struck work”), provided that it shall not be considered to be performing struck work for the Company:
a. to expand flying from Company hub airports or to continue to transport passengers and/or cargo within its route structure on its own aircraft, including markets on that route structure having code share or other Marketing Agreement designations predating the strike, so long as the code or other designation of the struck carrier is not placed on additional segments added after the strike begins which additional segments are then operated during the strike; or
b. to transport passengers and/or cargo on its aircraft on flights where
. i the Company receives all of the revenue for the services it performs, and
. ii no direct financial benefit accrues to the struck carrier as a result of the Company’s performance of such services, and
. iii city pairs operated by the struck carrier are not initiated by the Company during the strike at the request of the struck carrier, or
2. refuses to cross or chooses to honor the lawful picket lines of fellow pilots employed by any Affiliate of the Company (as that term is defined in Section 1, Part 2.E of this Agreement); or
3. refuses to undergo training or perform pilot work or services on the property of another carrier during a lawful strike by that carrier’s pilots.
Part 6 - Successorship and Mergers
A. Successorship
1. This Agreement shall be binding upon any successor, assign, assignee, transferee, administrator, executor and/or trustee (a “Successor”) of the Company resulting from any transaction that involves:
a. Transfer (in a single transaction or in related multi-step transactions) to a Successor of ownership or Control of all or substantially all of the equity securities and/or assets of the Company (hereinafter “Complete Transaction”); or
b. Transfer to a Successor (other than in a Complete Transaction) of ownership and/or Control of a portion of the assets of the Company in a Substantial Asset Sale (hereinafter “Partial Transaction”)
2. provided, however, that the terms “Complete Transaction” and “Partial Transaction” shall not apply to any Marketing Agreement with NWA, or NWA’s acquisition of securities of the Company or related transactions so long as the voting restrictions with respect to NWA set forth in the Governance Agreement remain in effect, and Continental retains its separate corporate identity. Notwithstanding the foregoing, the provisions of Part 6 shall apply to Substantial Asset Sales between Continental and NWA and/or their Affiliates.
3. No contract or other legally binding commitment involving the transfer of ownership or Control pursuant to a Complete Transaction or a Partial Transaction will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing such transaction that the Successor shall assume the employment of the pilots on the Continental System Seniority List (or such portion of the pilots transferred in a Partial Transaction) in accordance with the rates of pay, rules and working conditions set forth in this Agreement.
4. The Company shall give written notice of the existence of this Agreement to any proposed Successor before the Successor executes a definitive agreement with respect to a Complete Transaction or a Partial Transaction. If one has not been earlier provided, a copy of the notice shall be provided to the Association when the definitive agreement is executed.
B. In the event of a complete merger between the Company and another air carrier (i.e., the combination of all or substantially all of the assets of the two carriers) where the surviving carrier decides to integrate the pre-merger operations, the following procedures will apply:
1. if the Company is the surviving carrier, the Company will:
a. integrate the two pilot groups in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs, and the Company will accept the pilot seniority list obtained through this process as the pilot seniority list of the merged carrier; and
b. provide layoff pay to any pre-merger Continental pilot who is laid off during the three (3) year period commencing on the date the merger transaction is closed, in accordance with Section 13, Part 4, except that in
c.
no case shall a non-probationary pilot receive less than three (3) months pay; and
on the date the merger transaction is closed (if prior to October 1, 2000) replace the wage rates for Continental pilots covered by this Agreement then in effect with the rates that would otherwise be effective October 1, 2000 under this Agreement.
2. if the
irrevocable, written commitment of the surviving carrier:
Company is not the surviving carrier, the Company will secure the
a. to employ all pilots on the then current Continental System Seniority List in accordance with the terms and conditions of this Agreement; and
b. to integrate the two pilot groups in the same manner as stated in B.1.a above; and
c. provide the layoff pay and wage rates stated in B.1.b and B.1.c above.
3. this Agreement shall immediately become amendable as provided in Section 26 below, and in Section 6 of the Railway Labor Act.
C. A “Substantial Asset Sale” shall mean any transaction by which the Company disposes of all or substantially all of any of the assets designated below:
1. The IAH hub operation.
2. The EWR hub operation.
3. The CLE hub operation.
4. The Continental Micronesia, Inc. operation.
5. A single transaction or a series of related transactions for value which cause a reduction of more than fifty-five (55) aircraft or more than five hundred fifty (550) hours in the number of daily scheduled block hours.
D. In
displace any pilot in anticipation of the Substantial Asset Sale in order to deprive them of the protection provided by these provisions.
the event of a Substantial Asset Sale the Company will not furlough or involuntarily
E. In the event of a partial merger between the Company and another air carrier (i.e., a Substantial Asset Sale by the Company to another carrier or acquisition by the Company of both substantial assets of another carrier and the pilots associated with those assets) where the acquiring carrier decides to integrate the pre-merger operations, the following procedures will apply:
1. If the Company is the acquiring carrier, the Company will:
a. integrate the two pilot groups in the manner stated in B.1.a above; and,
b. provide the layoff pay stated in B.1.b above.
2. if the Company is not the acquiring carrier, the Company will secure the irrevocable written commitment of the acquiring carrier:
a. to offer employment at the closing of the acquisition to that number of pilots covered by this Agreement whose identity shall be determined
consistent with the seniority provisions they then enjoy, which number of pilots entitled to such employment offer shall be the average monthly pilot staffing actually utilized in the operation of the transferred assets over the twelve (12) months prior to the employment offers; and,
b. to negotiate, and to arbitrate under Allegheny-Mohawk Section 13 any differences regarding the identity or number of transferring Continental pilots that may arise with the surviving carrier; and
c. to integrate the two pilot groups in the same manner as stated in B.1.a above; and
d. provide the layoff pay stated in B.1.b above to any Continental pilot so hired by the acquiring carrier.
F. In the event of a complete merger (as defined in paragraph B, above) or a partial merger (as defined in paragraph E, above), during any period of separate operation prior to integration of the pre-merger operations, the Company or the surviving or acquiring carrier, if different than the Company, shall guarantee that it will:
1.
2.
3.
keep separate the operations of the Company and any other carrier at all times prior to such merger of operations and the concomitant integration of pilot collective bargaining agreements and of pilot seniority lists, whichever is latest; and,
forbear from interchanging or transferring pilots or aircraft:
a. in the case of a complete merger, between the Company and the other carrier, and
b. in the case of a partial merger, between the assets disposed of or acquired and the acquiring company,
in each case without the Association’s written consent; and
assure that, in the event of a complete merger, or a partial merger in which the Company is the acquiring carrier, the pilots on the Company's System Seniority List prior to the acquisition operate, in accordance with this Agreement, all aircraft on hand at the Company, all aircraft on firm order to the Company and all aircraft acquired by the Company other than as a result of the transaction after the public announcement of the acquisition, provided however that nothing herein shall be construed to prevent fleet reductions which the Company can demonstrate are attributable to economic or other reasons not related to the complete merger or partial merger transaction, or the retirement of existing aircraft in the normal course of business; and
meet promptly with the Association to negotiate the implementation of the provisions of paragraphs F.1 through F.3 above and other possible “Fence Agreements” to be in effect during the period, if any, the two carriers’ operations are to be operated separately without integration of the pilot workforce.
4.
G. In the
which does not involve an operational merger, the Company or the surviving or acquiring carrier, if different than the Company, shall guarantee that it will:
event of a Complete Transaction or a Partial Transaction with another carrier
1. keep separate the operations of the Company and any other carrier at all times prior to any subsequent merger of operations and the concomitant integration of pilot collective bargaining agreements and of pilot seniority lists, whichever is latest; and
2. forbear from interchanging or transferring pilots or aircraft:
a. in the case of a Complete Transaction, between the Company and the other carrier, and
b. in the case of a Partial Transaction, between the assets disposed of or acquired and the acquiring company,
3. in each case without the Association’s written consent; and
4. assure that the pilots on the Company’s System Seniority List prior to a Complete Transaction operate, in accordance with this Agreement, all aircraft on hand at the Company, all aircraft on firm order to the Company and all aircraft acquired by the Company, provided however that nothing herein shall be construed to prevent fleet reductions which the Company can demonstrate are attributable to economic or other reasons not related to the Complete Transaction, or the retirement of existing aircraft in the normal course of business; and
5. assure that the pilots on the Company’s System Seniority List prior to a Partial Transaction, who accept offers of employment from the acquiring carrier, continue to operate, in accordance with this Agreement, all aircraft utilized in the operation of the assets involved in the Partial Transaction, provided however that nothing herein shall be construed to prevent fleet reductions which the Company can demonstrate are attributable to economic or other reasons not related to the Partial Transaction, or the retirement of existing aircraft in the normal course of business; and
6. meet promptly with the Association to negotiate any additional terms and conditions to be in effect so long as the two operations are maintained separately.
H. Subject to applicable securities and other laws and regulations, the Company will review with the union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information.