C. Scope
1.The execution of this Agreement on the part of the Company shall cover crewmember operations of all aircraft operated pursuant to the Company's Airline Operating Certificate IPXA097B, and of all aircraft operated pursuant to any additional Part 121 Airline Operating Certificate or any foreign equivalent Airline Operating Certificate acquired by the Company, or any affiliate of the Company in and for the service of the Company or any affiliate or wherever located,presently operating, or to be operated in the future, except as otherwise provided in Articles 1, 13 and 16.
2.It is agreed that all present and future domestic flying on aircraft with a payload weight of more than 12,899 lbs.[19,000 lbs. for international flights] including but not limited to, revenue flying, ferry flights, charters, training flights, test flights, or other utilization of Company owned or leased aircraft in and for the service of the Company, or any affiliate of the Company, shall be performed by crewmembers on the United Parcel Service Crewmember Seniority List in accordance with the terms and conditions of this Agreement or any other applicable agreement between the Companyand the Association, except as otherwise provided in this Agreement. However, no combination of domestic or international feeder aircraft on any route within a service system shall have a payload capacity which equals or exceeds the payload capacity of a B-727-100 aircraft or any smaller payload aircraft which may become covered by the scope clause of this Agreement. In addition neither the Company nor any affiliate shall conclude any sale, lease, transfer or other dispositions, whether directly or indirectly, of aircraft or international routes owned or leased by the Company or any affiliate to any person(s) or entity (the Purchaser) where the Purchaser or any air carrier that controls or is under the control of the Purchaser directly or indirectly uses such aircraft or international routes to provide or receive feed, to or from the Company, pursuant to an agreement or an arrangement with the Company or an affiliate. Nothing in this paragraph shall effect the Company’s right to lease, transfer or otherwise dispose of aircraft or international routes to entities not involved in providing or receiving feed to or from the Company or to entities providing feed where such feed is provided in accordance with Article 1.
3.Neither the Company, nor any affiliate shall perform any flying for other carriers unless such flying is conducted by UPS pilots in accordance with the terms and conditions of this Agreement. The Company, or its affiliates may enter into and maintain marketing and schedule coordination agreements with other carriers which are in accordance with the provisions of this Article.
4.As used in this Article only, international operations shall be limited to flights within a foreign country or between two or more foreign countries. Domestic flying shall include, but not be limited to, flights which originate and/or terminate in the United States.
5.Notwithstanding paragraphs 1. and 2. above, the Company shall have the right to establish an interchange agreement with a foreign carrier(s) in order to use that carrier’s pilots to cover for unavailable UPS crewmembers on an international flight segment(s) contained within countries of the European Union. No mixing of UPS crews with non UPS crews will be allowed. UPS crewmembers who are available for such flight segment(s) will be pay protected and treated as displaced in accordance with Article 13.E.9. The unavailable crewmember(s) will be paid in accordance with the Agreement. Any such interchange agreement will not affect ARTICLE 1 – AGREEMENT, PURPOSE, SCOPE, 4
SUBCONTRACTING, ACQUISITIONS
the Company’s obligation to provide the minimum reserve coverage required by Article 13 should the Company establish an international domicile.
6.Exclusions
a.The terms of this Agreement shall not extend to any aircraft used by the Company, or its affiliates its parent or their subsidiaries for the purpose of corporate/executive air travel. The Company shall have sole discretion over the routing of aircraft and the type of aircraft utilized.
b.The Company may utilize up to ten (10) Convairs(maximum payload of 15,800 lbs.) in its domestic feeder system. However, no more than one (1) Convair may be operated on the same route within a service system. In addition, no combination of domestic feeder aircraft on a route shall be allowed to equal or exceed the payload capacity of a B-727-100. A Convair shall be treated as a feeder aircraft for purposes of Article 1. There are two service systems for the purpose of this paragraph - NDA which shall include all departures between 8p.m. and8a.m. local time and 2nd Day Air which shall include all departures between 8a.m. and 8p.m. local time. The above times may be changed upon written notice to the Union provided there shall always be two time periods with no overlap.