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Old 08-29-2013 | 03:04 PM
  #130  
jetlink
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Originally Posted by SONORA PASS
Jet Link,

At this point in time, the above statement is not true.

ALPA offered WRITTEN assurances to many L-UAL pilots considering Guppy jobs at L-CAL that state the opposite.

It is true that recent responses from ALPA for updated information have been muddier than pond water.
If you have updated and legally binding guidance on this issue please share it.

V/R

SP
from ALPA blast mail in the past year, and from what I understood, all L-UAL furloughed pilots agreeing to CAL guppy flying, will be on active seniority list prior to SLI in their respected seniority (junior to all active pilots form CAL) after SLI all those pilots will be on active pilot seniority list, therefore they are recall in place according to TA 5-B b.,c.,iii.. That is my understanding of TA and UPA, I.

the only reference in UPA and TA I could find was:

UPA December 2012:
LOA 25 Merger Transition Issues

2. s/United Pilots Offered s/Continental Jobs:

s/United pilots who were offered employment at s/Continental in accordance with paragraph 7.B of the Transition and Process Agreement dated September 26, 2010 will not be considered to be on Involuntary Furlough for purposes of Section 5-B-1-a-(1) of the Agreement.

5. Transition Hiring and Recall

It is understood by the parties that the rights of the pilots to new hire positions are governed by Section 7 of the TPA until completion of the ISL at which time the Agreement process shall apply to all vacancies and recalls, including the recall of all pilots on voluntary furlough.

... and from Transition and Process Agreement:

5-B. Acceptance of Integrated Seniority List.
Subject only to the conditions stated below, the Parties will accept the results of the Seniority List Integration and incorporate them in the Joint Collective Bargaining Agreement.
(i) The Integrated Seniority List shall have only prospective effect. Specifically, and without limiting the generality of the foregoing, the following conditions shall apply:
a. There shall be no "system flush" whereby a Pilot may displace another Pilot from the latter’s position as a result of the implementation of the Integrated Seniority List or the implementation or expiration of any condition or restriction; and
b. Pilots on furlough status at the time the Integrated Seniority List is implemented may not bump or displace pilots in active status at that time; and
c. Pilots who, at the time of implementation of an integrated seniority list, are in the process of completing or who have completed qualification training for a new position (e.g., B-777 Captain or A-319 First Officer) may be assigned to the position for which they are being or have been trained, regardless of their relative standing on the Integrated Seniority List.
(ii) There shall be no requirement or obligation to compensate Pilots for work not actually performed or positions not actually held during the period for which compensation is sought, as a result of the Integrated Seniority List and its implementation.
(iii) The Integrated Seniority List shall not contain conditions or restrictions that substantially increase the costs associated with training above those normally associated with the merger of two airlines.

7-B. Job Opportunities.

(i) If either Continental or United intends to hire new Pilots, it will first offer employment to fill such positions in seniority order to Pilots on furlough from the other Airline. Acceptance or rejection of such an offer or failure to qualify will not affect a Pilot’s recall rights or placement on the Integrated Seniority List (which shall be based upon his seniority position at the Pilot’s originating Airline). A Pilot accepting an offer under this provision will be subject to the normal background and employment requirements of the employing Airline. The Pilot will be an employee of the employing Airline, within the applicable ALPA council for that Airline, but will not be required to serve or complete a probation period. Such Pilot will be paid the greater of (1) the actual hourly pay rate he was receiving on the date of his furlough, or (2) the hourly pay rate to which his years of service at the employing Airline otherwise entitles.
(ii) No Pilot shall be entitled to more than two (2) offers of employment pursuant to this Section 7-B. If a Pilot declines the first offer, the employing Airline will not contact him for a second offer until he provides at least thirty (30) days notice to the employing Airline in writing of his desire to re-enter the hiring process. At that time he will be eligible for the next available offer in seniority order.
(iii) Pilots employed pursuant to this Section 7-B will exercise seniority for all purposes at the employing Airline in the seniority order of their originating Airline but junior to all Pilots who were on the seniority list of the employing Airline prior to the Merger Agreement Date. Upon implementation of the ISL Pilots will exercise seniority pursuant to their position on the ISL. All Pilots hired by the employing Airline after the Merger Agreement Date who are not Pilots employed pursuant to this Section 7-B will exercise their seniority for all purposes junior to all Pilots who were on either seniority list prior to the Merger Agreement Date.
(iv) Notwithstanding Section 27, Part 2.A.2, B.2 or C.2 of the Continental CBA, all Pilots on either the United Pilots’ or Continental Pilots’ Seniority List as of the Effective Date of this Agreement employed by Continental shall be eligible for Medical, Dental and Vision Plan coverage on the Pilot’s first day of Active Service.
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