Freightbird

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h. Return Household Goods Shipment. Upon successful completion of his
commitment period, a pilot is entitled to household goods shipments via
FedEx Express, on a space available basis, of up to a total of 3,000
pounds. Unless different locations are authorized by the Managing
Director, Human Resources Operations Support, shipments shall be from
the FDA base where the pilot served his commitment to his last pre-FDA
permanent residence or his new base at his option. This provision shall
not limit or abridge any relocation rights which accrued to the pilot prior to
his FDA assignment (e.g., rights accrued by SFS and ANC pilots under
1999 and 2006 LOAs)
i. In the event the Company closes an FDA, pilots who have not met their
commitment period shall not be required to repay any seed money or
monies paid by the Company for storage and shall be permitted to return
up to a total of 3,000 pounds of household goods as provided under
paragraph B.2.h.
j. Upon a pilot’s activation into the CDG or HKG crew position, he shall be
entitled to a household goods shipment to his FDA location via FedEx
Express, using international economy (IE) service (or the most
comparable such service if IE is discontinued), not to exceed a total of
500 pounds. If the pilot’s shipment exceeds 500 pounds, the pilot shall
be responsible for paying the cost of the excess.
k. Orientation and Housing Search Services
During the first 30 days of a pilot's assignment to the FDA, the Company
shall make available to pilots awarded CDG/HKG local real estate and
orientation assistance. This shall be provided through individuals who are
fluent in the local language and who are familiar with the FDA location.
This service may last up to two days and may be provided individually or
in small groups. If a pilot chooses to live in a local hotel during the first 30
days of his assignment , instead of the housing allowance for that month,
the Company will reimburse the pilot for the cost of hotel arrangements
up to $250 per night, for up to 30 days.
C. Federal Tax Equalization Services
Pilots accepting permanent vacancies in CDG or HKG are both entitled and
required to use the tax equalization procedures and tax return filing services (US
and foreign) offered by the Company through its vendor. The purpose of tax
equalization is to provide that a pilot bears approximately the same US Federal
tax burden as he would pay if he were assigned to a domestic base rather than
CDG or HKG. To facilitate accurate tax computations and reporting, pilots will be
required to provide all necessary tax information to the appointed tax provider.
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D. Special Temporary Vacancies for CDG and HKG
In lieu of Section 24.B.2., the following rules shall apply to Special Temporary
Vacancies (STVs) at CDG or HKG. STVs shall only be available for the first two
years after each FDA opens. Thereafter, if the Company advises ALPA in writing
of its intent to close CDG or HKG, the STV rules contained in this paragraph shall
once again become available in the FDA that is closing, when the Company is
regularly operating fewer than 50% of the aircraft which it regularly operated in
that base at the time of the notification of its intent to close. The use of STVs in
conjunction with a base closure is limited to 540 days from the Company’s first
use of the STV application rule in that context.
1. STV awards shall have a duration between one and three bid periods.
2. STV awards shall begin and end concurrent with a bid period.
3. A STV posting shall specify the crew position(s) from which bids will be
accepted and, if applicable, the number of bids which will be awarded at each
domicile from which bids are accepted.
4. A pilot shall be entitled to one business class ticket positioning him to the
STV location at the beginning of his assignment and back to his permanent
base at the conclusion of his assignment. The Company shall also provide a
pilot’s dependents with one round-trip coach class ticket from the pilot’s
permanent residence to the FDA location during the assignment.
5. The pilot shall be entitled to per diem for the duration of his STV assignment,
when the pilot is not otherwise being paid per diem (e.g., on a trip). This shall
be accomplished by the submission of a pay log unless pay automation
eliminates the necessity for a pay log.
6. The pilot shall be entitled to Company paid lodging in accommodations of
quality similar to that of the local contract hotels.
7. Notwithstanding Section 24.C.5., if a STV position(s) remains unfilled
following the STV award process, the Company may inversely assign the
most junior qualified pilot(s) holding the applicable crew position to the
remaining STV positions. If a pilot is inversely assigned, the following shall
apply:
a. A pilot shall not be inversely assigned to a temporary vacancy at CDG or
HKG more than once in any period of six times the duration of the STV
(e.g., for a temporary vacancy of 3 bid periods, a pilot could not be
assigned more than once every 18 bid periods).
b. The pilot may not be inversely assigned for more than three bid periods at
a time.
c. The pilot shall be positioned and de-positioned to the temporary vacancy
using business class accommodations. If the pilot so elects, his
dependents may join him using round-trip coach class tickets provided by
the Company.
d. The pilot shall be entitled to per diem for the duration of his STV
assignment, when the pilot is not otherwise being paid per diem (e.g., on
a trip). This shall be accomplished by the submission of a pay log unless
pay automation eliminates the necessity for a pay log.
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E. Pilots Relocating from SFS to HKG or CDG
Provided he otherwise qualifies, a pilot may elect to take his FDA move back
provided in Section 6.E.2.b., prior to his activation into CDG/HKG. Once moved
back to the United States, a pilot who selects the “enhanced option” may take
advantage of the household goods storage provided in paragraph B.2.c.
F. Pilots Relocating from ANC to HKG or CDG
For an ANC pilot who is entitled to a "return move" relocation package from ANC,
the pilots may elect to be treated in the same fashion (except that their base is in
ANC and not SFS) as the SFS pilots in paragraph E. above.
G. Surface Transportation from Hong Kong to Guangzhou
Surface transportation from HKG to CAN is estimated to be slightly over three
hours. The limitations contained within Section 8.B.1. of the basic Agreement
are waived for purposes of this LOA.
H. FDA Maximum Time Limitation
Should an FDA have a maximum stay time limitation established by the host
governmental authority, the Company shall advise the Association as to how it
intends to transition pilots to this restriction without abrogating seniority as
articulated in the CBA.
I. Crew Position Changes to Different FDAs in the Same Geographic Location
If the Company opens multiple FDAs in the same geographic location (e.g., 757
MEM/CDG; A300 MEM/CDG), the following shall apply to pilots who activate into
a different FDA within the same geographic location (e.g., a 757 F/O MEM/CDG
upgrades to A300 F/O MEM/CDG).
1. The following shall apply to pilots who chose the enhanced option as part
of their original award:
a. Such pilots shall be eligible for the benefits described in paragraph
B.2.a. (seed money) and B.2.b. (Four Year Service Credit), treating
their new award as a completely separate award to an FDA in CDG or
HKG.
b. The commitment period for the new award shall be accounted for
treating their new award as a completely separate award to an FDA in
CDG or HKG.
c. The benefits described in paragraph B.2.c. (Storage), B.2.d. (Housing
Allowance), B.2.e. (Tax Equalization), B.2.f. (airline tickets), B.2.h.
(Return Household Goods Shipment), and B.2.k. (500 lb. household
goods shipment) shall be administered as if the pilot had not changed
FDAs, but rather, had been on one continuous assignment in the
same FDA.
d. If a pilot’s crew position changes to a different FDA in the same
geographic location and the pilot has not completed his original
commitment period, the pilot shall not be eligible to receive the seed
money otherwise provided by paragraph I.1.a. above.
2. Pilots who chose the existing CBA option as part of their original award
shall continue to receive tax equalization benefits provided by this LOA.
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J. Unexpected Unavailability In FDA
If a pilot assigned to an FDA becomes unavailable for line flying in his FDA and
the absence is expected to last longer than one year, then the affected pilot may
request that he and his dependents be returned from his FDA to his previous
permanent residence in the U.S. without penalty. Requests for such a return
shall not be unreasonably denied. If no request is made by the pilot after one
year or more of absence (e.g., loss of medical, LTD, extended LOAs, etc.), his
circumstances shall be reviewed to determine if he is expected to be available to
return to active flying within two years from the date of his first absence. If the
pilot’s absence is the result of a medical condition, the Company may have the
pilot’s medical condition reviewed by the Company’s aeormedical advisor. The
Company’s aeromedical advisor may have the pilot examined for purposes of
determining how much longer the pilot is expected to continue to be absent from
active flying. The Company’s aeromedical advisor shall advise both the pilot and
the Company of his findings. If the pilot disagrees with the Company’s
aeromedical advisor’s finding, the pilot may enlist the Association’s aeromedical
department at his own expense for a second opinion. If the physicians agree on
the determination, the Company and the pilot will act accordingly. If the
physicians disagree, the findings and recommendations of each physician shall
be submitted to a mutually acceptable third physician who shall make a
determination as to the pilot’s anticipated return to active flying. The third
physician’s decision shall be binding on both parties.
In the event the decision is that the pilot will not be able to return to active flying
during the two year period, then the pilot will be given the option to either return
home to his U.S. permanent residence without penalty or lose his monthly
housing allowance for the period of his continued absence. In no event shall the
Company be obligated to provide a housing allowance to an absent pilot for
longer than 26 months.
K. Effective Date and Duration
This Letter of Agreement is effective on the date signed and shall remain in full
force and effect concurrent with the basic Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Letter of Agreement this
____ day of July, 2007.
FOR THE COMPANY FOR THE ASSOCIATION
__________________________ _________________________
Donald W. Maliniak Captain John Prater
Vice-President, Labor Relations Law President
__________________________ _________________________
John D. Maxwell Captain David Webb
Managing Director, Labor Relations Law Chairman, FedEx MEC
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WITNESS: WITNESS:
_________________________ _________________________
John M. Lewis II Captain Robert Chimenti
Managing Director, Flight Operations Chairman,
Contract Administration MEC Negotiating Committee