Scope
1. Except as otherwise provided in this Agreement, all flying conducted by or on behalf of the Company (including aircraft under the operational control of the Company) shall be performed by Pilots represented by the Association on the JetBlue Airways System Seniority list.
2. The Company will not enter into any “alter ego” or “double breasted” arrangement, or an agreement in which an affiliate performs Part 121 flying, unless such flying is performed by Pilots on the JetBlue System Seniority List under the terms of this Agreement, except for the period prior to the integration of the seniority lists of the two carriers as required by Section 1.E. of this Agreement.
3. A non-seniority list pilot may perform Test Flights. In addition, in the event no seniority list Pilot is on involuntary furlough, a non-seniority list pilot may perform non-revenue flying as provided below:
a. Maintenance ferry flights for heavy maintenance to or from San Salvador, El Salvador (SAL).
b. New aircraft delivery flights, provided a seniority list Pilot is a member of the crew.
c. Maintenance ferry flights departing from a heavy maintenance facility.
d. Maintenance ferry flights departing to a heavy maintenance facility provided the movement of one aircraft is connected with a planned movement and return to service of another aircraft from the heavy maintenance facility.
4. The Company may assign or subcontract revenue flying for up to ninety (90) days (subject to extension with the written consent of Association) to deal with an unanticipated FAA or aircraft manufacturer maintenance requirement or delivery delays caused by the manufacturer, provided no Pilot is furloughed as a result of such contracting. The Company shall provide notice to the Association prior to entering any agreement to assign or contract out revenue flying.
...
Code Sharing
1. The Company may enter into a Commercial Agreement provided:
a. The block hours operated by the Company increase during the relevant Comparison Period compared to the relevant Base Period, and
b. The number of Active Pilots employed by the Company on the effective date of the Commercial Agreement has increased compared to the number of Active Pilots employed 365 days prior to the effective date.
2. The Company may enter into or maintain a Commercial Agreement with a Domestic Air Carrier that is a new partner and is similar in size (e.g., Alaska Airlines) or smaller (measured by annual ASMs) than the Company in the relevant Comparison Period, provided:
a. The Company operated at least 3% more aircraft block hours in that Comparison Period than in the relevant Base Period, and
b. In each one-year period commencing first with the calendar month that includes the effective date of the Commercial Agreement and then commencing with the anniversary month of the first such period, the Company operates at least 1% more aircraft block hours than in the previous one-year period.
3. The Company may not renew or amend an existing Commercial Agreement, modify a pro-rate formula in a Commercial Agreement, or increase the ASMs, city pairs, or block hours that it permits the other air carrier or air carriers to operate under an existing Commercial Agreement, unless:
a. The block hours operated by the Company increase during the relevant Comparison Period compared to the relevant Base Period, and
b. The number of Active Pilots employed by the Company has increased compared to the number of Active Pilots employed by the Company 365 days prior to the effective date of the renewal or amendment.
4. For the purposes of Section 1, a “Comparison Period” is the period of twelve full consecutive calendar months immediately preceding the effective date of the relevant action with respect to a Commercial Agreement. Example 1: For a new Commercial Agreement effective March 15, 2019, the relevant Comparison Period is the period March 2018-February 2019. Example 2: For a Commercial Agreement renewal or modification or an increase under a Commercial Agreement under Paragraph F.2 effective March 15, 2020, the relevant Comparison Period is the period March 2019-February 2020.
5. For the purposes of Section 1, a “Base Period” is the period of twelve full consecutive calendar months immediately preceding the relevant Comparison Period.
Example 1: For a new Commercial Agreement effective March 15, 2019, the relevant Base Period is the period March 2017 – February 2018.
Example 2: For a Commercial Agreement renewal or modification or an increase under a Commercial Agreement under Paragraph F.2 effective March 15, 2020, the Base Period is March 2018 – February 2019.
6. No carrier other than the Company will conduct flying pursuant to a Commercial Agreement or Marketing Agreement on aircraft owned, leased, operated, held on order or option, or otherwise controlled by the Company.
7. Additional Joint Venture Restrictions:
a. If the Company enters into a Joint Venture Agreement covering flying, any part of which is not within the range of one or more aircraft in revenue service for the Company as of the effective date of the Joint Venture Agreement, then, upon the start of oper ations under the Joint Venture Agreement, the Company will perform a portion of the out flying. ofrange Three (3) years after the effective date of the Joint Venture Agreement, the portion of the flying that the Company is performing will be maintained or increased.
b. If the Company enters into a Joint Venture Agreement covering flying, any part of which is within the range of one or more aircraft in revenue service for the Company, then, in each trailing period of twelve calendar months commencing with the effective month of such Joint Venture Agreement, the Company will operate a percentage of the ASMs covered by the Joint Venture equivalent to the proportion of system operated by the Company in comparison to the system operated in tha-- wide ASMs wide ASMs t same period by the other carrier participating in the Joint Venture.
c. Any Joint Venture Agreement covered by Paragraph F.7.b will terminate no later than the third anniversary of its effective date. The Joint Venture Agreement may be renewed for periods up to three years each, provided the Company is operating a percentage of the ASMs covered by the Joint Venture equivalent to the proportion of systemthe Company in comparison to the systemwide ASMs operated by wide ASMs operated in that same period by the other carrier participating in the Joint Venture.
d. The Company will not enter into a Joint Venture for flying to or from Brazil unless some portion of such flying is performed by JetBlue Pilots. No later than two (2) years after the effective date of s uch a Joint Venture, at least 50% of the departures conducted pursuant to the Joint Venture shall be flown by JetBlue Pilots.
8. Additional Restrictions on Commercial Agreements with Domestic Carriers:
a. The Company may not enter into or amend an existing Comm ercial Agreement with a Domestic Air Carrier to include flying by another carrier between Focus Cities, unless such Focus Cities are in the same State.
b. The Company may not enter into or maintain a Commercial Agreement with a Domestic Air Carrier that includes flying between a Focus City and one or more points outside the United States if such flying is within the normal operating range of any Company aircraft in revenue service at the time of operation, except for flying on aircraft configured for fewer than 51 seats or on turboprop aircraft.
9. The Company may not enter into a Commercial Agreement that includes flying by a Foreign Air Carrier operating under fifth freedom rights on a city pair that is served by the Company or has been served by the Company within the two years prior to the month in which the flying by the Foreign Air Carrier takes place.
10. Nothing herein shall be deemed to prohibit the Company from entering into an Industry Standard Interline Agreement.
11. The Company shall not enter into any Capacity Purchase Agreements or purchase Block Space on other carriers.
12. The Company will not purchase equity in, or lend to, another company that is an air carrier or an affiliate of an air carrier as a means to circumvent the provisions of this Section.
13. Access to Information
a. The Company will meet and confer with the Association prior to announcing any new Commercial Agreement or Marketing Agreement.
b. The Company will provide reasonable opportunity for review by the MEC Chairman or his designee of any Commercial Agreement, subject to appropriate non-disclosure agreements.
c. The Company will timely provide the MEC Chairman or his designee any other data necessary to allow the Association to verify compliance with the requirements of this Section.
d. The Company will review with the Association the flows of Customers traveling on the Company’s code on other carriers and on other carriers’ codes on the Company’s flights.