B. Flow Down Rights
1. All NWA pilots covered under A.1 above shall have the right to flow down to pilot positions at Feeder Carrier Affiliate. Feeder Carrier Affiliate preferences will be incorporated into the current NWA Crew Resources EPL process pursuant to the NWA /ALPA Pilot Agreement.
2. For purposes of flowing down into a pilot position at the FEEDER CARRIER AFFILIATE, all NWA pilots:
a. shall be considered senior to all FEEDER CARRIER AFFILIATE Pilots (See D. below); and
b. shall be ranked among themselves on the FEEDER CARRIER AFFILIATE Pilots Seniority List in order of their seniority at NWA.
3. The FEEDER CARRIER AFFILIATE will make all reasonable efforts to facilitate and expedite the flow down of NWA pilots to the FEEDER CARRIER AFFILIATE, however both parties recognize that the timing of this flow down process may be limited by the available training capacity. Unless waived by the FEEDER CARRIER AFFILIATE, the number of NWA pilots who flow down from NWA in any bid month shall not exceed available training capacity. For each bid period in which NWA flow down pilots are awaiting training, the FEEDER CARRIER AFFILIATE will commit all available training capacity to the training of the flow down of NWA pilots which is not otherwise needed in the normal course for IQ, RQ, and CQ training of FEEDER CARRIER AFFILIATE pilots. For the purposes of this provision, “available training capacity” means training capacity owned or controlled (e.g. long-term capital lease) by the FEEDER CARRIER AFFILIATE. If the FEEDER CARRIER AFFILIATE does not own or control training devices, and is not training for new aircraft deliveries, the FEEDER CARRIER AFFILIATE will obtain training capacity sufficient to conduct the training of at least 20 NWA flow down pilots per month. The Parties recognize that this provision may result in junior pilots flying at the FEEDER CARRIER AFFILIATE while senior pilots are awaiting training. No pilot will be paid by the FEEDER CARRIER AFFILIATE while awaiting his first initial training. With respect to the assignment of pilots to such training, crews need not be balanced (e.g. All 20 trainees could be captains) and all training slots shall be filled so as to expedite the training of the flow down NWA pilots.
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C. Election Not To Flow Down
Only under the following-listed limited circumstances shall a furloughed NWA pilots covered under A.1 above have no further rights to employment at the FEEDER CARRIER AFFILIATE or to any other benefits of this Flow Through Agreement. Such furloughed NWA pilots shall, however, retain all rights pursuant to the NW/ALPA Pilot Agreement including their Recall rights to NWA mainline flying at the company.
A furloughed NWA pilot who:
1. elects not to accept pilot employment at the FEEDER CARRIER AFFILIATE; or
2. does not elect to flow down to the FEEDER CARRIER AFFILIATE in a timely manner as is hereinafter provided; or
3. initially accepts but later declines the offer of pilot employment at the FEEDER CARRIER AFFILIATE; or
4. fails to appear for pilot training at the FEEDER CARRIER AFFILIATE as scheduled; or
5. fails to complete his systems validation (SV) in a timely manner prior to the start of his initial flight training at the FEEDER CARRIER AFFILIATE; The FEEDER CARRIER AFFILIATE and ALPA will meet and define “timely”, however it should allow Training Scheduling adequate time to reassign such pilot’s training; or
6. fails or withdraws from pilot training at the FEEDER CARRIER AFFILIATE after being provided remediation opportunities, provided, however that nothing herein is intended to disadvantage a NWA pilot who temporarily withdraws or is withdrawn from training due to a leave (e.g. military, medical, family, bereavement, etc); or
7. resigns from pilot employment at the FEEDER CARRIER AFFILIATE or whose just cause discharge there from is upheld by the System Board of Adjustment; or
8. otherwise fails to continue in the service of the FEEDER CARRIER AFFILIATE as a pilot,
shall have no further rights to employment at the FEEDER CARRIER AFFILIATE or to any other benefits of this Flow Through Agreement.
D. Protected Rights of Feeder Carrier Affiliate Pilots (Not furloughed NWA pilots working at Feeder Carrier Affiliate)
1. Not later than forty-five (45) days after their notification of an employment opportunity at NWA (see H. below), FEEDER CARRIER AFFILIATE pilots may elect “protected rights status” and permanently forfeit the NWA employment 31-254
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opportunity provided by this letter by submitting a written notice. FEEDER CARRIER AFFILIATE pilots who elect protected rights status will not be subject to flow down by NWA pilots, i.e., cannot be bumped by NWA pilots. Any FEEDER CARRIER AFFILIATE who elects protected rights status is required to forfeit his recall rights he may hold at other airlines.
2. The ratio of seniority positions preserved for NWA pilots on the FEEDER CARRIER AFFILIATE seniority list as compared to the number of “protected rights status” positions shall be determined through the process for concluding the first FEEDER CARRIER AFFILIATE CBA and shall be incorporated into this NWA-ALPA Flow Through Agreement. This ratio shall not thereafter be reduced.
3. Protected rights FEEDER CARRIER AFFILIATE pilots shall be senior at the FEEDER CARRIER AFFILIATE to any pilot flowing down from NWA subsequent to their employment at the FEEDER CARRIER AFFILIATE.