Here are the pertinent parts of Section 1.
B. Scope
1. Except as otherwise provided for in this Agreement, all commercial flight
operations (whether revenue, non-revenue, scheduled or non-scheduled)
conducted by the Company will be flown by pilots whose names appear
on the Midwest Airlines, Inc., Pilot System Seniority List.
2. Notwithstanding Paragraph 1 above, the Company may utilize pilots not
on the Midwest Airlines, Inc., Pilot System Seniority List to perform nonrevenue
flying such as aircraft delivery, ferry, and maintenance test
flights.
C. Subcontracting
1. The Company may engage in subcontracted flying under the following
circumstances: Subcontracting may be engaged in for periods not in
excess of one hundred eighty (180) days per occurrence during the term of
this Agreement when:
a. such subcontracting is necessary to accomplish the needs of the
service of the Company, and
b. the Company determines that it does not have sufficient or
appropriate aircraft, or sufficient or appropriately trained Pilots
available to perform the subcontracted flying, and
c. the Company does not furlough or displace any Pilot as a direct
result of such engagement in subcontracted flying.
2. It is understood and agreed that nothing in Paragraph C.1 will prevent the
Company from furloughing or displacing Pilots for economic reasons
independent of or unrelated to its engagement in subcontracted flying.
Source: ALPA Restructuring Agreement 9/1/03
1-2
3. Subcontracted flying shall not include any flying performed by another
carrier whereby the other carrier transports passengers pursuant to a codeshare
agreement, a marketing agreement, an interline agreement, a pro-rate
agreement or a block-space agreement, and there shall be no contractual
restrictions on such flying or on any other flying performed pursuant to
any other marketing or alliance agreement or arrangement.
4. Notwithstanding Paragraph C.1. above, in the event the Company engages
in subcontracting solely due to circumstances over which the Company
does not have control, it may engage in the subcontracted flying for a time
not to exceed twelve (12) months. Circumstances beyond the Company’s
control shall include: an act of nature; a labor dispute; grounding of a
substantial number of the Company’s aircraft by a government agency or a
court; a shortage or unavailability of flight simulator time; loss or
destruction of the Company’s aircraft; involuntary reduction in flying
operations due to either a decrease in available fuel supply or other critical
materials for the Company’s operation; revocation of the Company’s
operating certificate(s); war emergency; or owner’s or manufacturer’s
delay in the delivery of aircraft scheduled for delivery.
A couple of things:
1 This language is from the restructuring agreement completed summer of 2003. I will have to check to see if it changed from the original contract written/signed in 1999, but I dont think so.
2 During the late 1990's and early 2000's Midwest(Express) was adding MD 80's and cities to the airline and was also in process for DC9 replacement(B717). Still, no reason to leave a gaping scope hole in the contract.
3 The underlined language is the proverbial piece of gauze that the surgeon(ALPA Attorney) left in the body cavity when they sewed the patient up. The outcome of the arbitration hinged on that piece. ALPA declared that the RAH agreement was a subcontract and subject to the restrictions of such but, the arbitraitor (SIC) agreed with the company that it was purely a codeshare agreement and no restrictions applied.
4 This all occurred shortly after NWA's purchase of Midwest and the arrival of Seabury Group LLC onto the property for restructuring. I think this is all part of a bigger plan to establish 100 seat a/c at the regional level and further diminish the opportunities for those who seek to one day enjoy legacy type pay/benefits. It just gets more and more ugly.