SECTION 7 VACATION. 1. Vacation shall accrue at the following rates:

Transcription

1 REVISED TENTATIVE AGREEMENT June 27, 2002 A. Vacation Accrual SECTION 7 VACATION 1. Vacation shall accrue at the following rates: a. From date of hire through the conclusion of the Crewmember s fifth (5 th ) year of active Company service a Crewmember will accrue fourteen (14) days of vacation for each complete year of active service, prorated in accordance with the following formula for periods of inactive service and for the calendar year in which the Crewmember transitions from the lower rate of accrual to the higher rate of accrual: Days of active service in the previous calendar year divided by 365, times 14 equals the number of days of vacation accrued to be used in the current calendar year. Example 1: If a Crewmember is in active service the entire year (not furloughed or ever on a leave of absence) then he will have accrued 14 days of vacation to be used in the following calendar year. Example 2: A new hire Crewmember commences working on April 1st, or an existing Crewmember is on a leave of absence from January 1st through March 31st. Assuming in each case the Crewmember works the remainder of the calendar year, he will have been in active service for 276 days. This would mean that he will have accrued 276/365 x 14 days of vacation, or 11 days for use in the following calendar year. b. From the first day of the Crewmember s sixth (6 th ) year of active Company service a Crewmember will accrue twenty-one (21) days of vacation for each complete year of active service, prorated in accordance with the following formula for periods of inactive service and for the calendar year in which the Crewmember transitions from the lower rate of accrual to the higher rate of accrual: Days of active service in the previous calendar year divided by 365, times 21 equals the number of days of vacation accrued to be used in the current calendar year.

2 c. In those years when a Crewmember transitions from the lower rate of vacation accrual to the higher rate of vacation accrual, his vacation to be used in the following calendar year shall be the sum of the vacation accrued at each rate, in accordance with the partial year accrual formulas above. Example: A Crewmember who commenced working July 1, 1995 will have completed five years of active service (assuming no interruptions) on June 30, Thus, in the calendar year 2000 she or he will have accrued vacation to use in calendar year 2001 as follows: From Jan. 1, 2000 through June 30, 2000 the Crewmember will have accrued 7 days of vacation for use in 2001: 183 / 365 x 14 = 7 From July 1, 2000 through December 31, 2000 the Crewmember will have accrued 11 days of vacation for use in 2001: 182 / 365 x 21 = 10.5 (rounded to 11) TOTAL: 18 days 2. A Crewmember shall not accrue vacation while not in active service (i.e., on furlough or any leave of absence except as otherwise specifically provided herein). However, vacation, paid sick leave, and military leaves up to ninety (90) continuous days will be considered active service for vacation accrual purposes. 3. Partial accrued days will be rounded to the nearest whole day (e.g. 3.4=3, 3.5=4). 4. Vacation accrued in the current calendar year may not be used until the following calendar year. 5. A Crewmember may not use any vacation or receive any vacation pay until after he has completed one (1) year of active service. B. Vacation Pay A Crewmember shall receive pay, or credit towards guarantee, as applicable, for his vacation based on the number of vacation days taken in the month times the Crewmember s daily rate of pay. C. Vacation Bid Procedures 1. The awarding of vacation periods will be based on seniority by sub-base and position.

3 2. The Company shall determine the vacation weeks for each sub-base available for the following calendar year. These shall be posted for bid no later than the thirtyfirst (31 st ) day of October. The Company shall have the right to, in its sole discretion, black-out certain weeks of the year when vacation cannot be taken. Such black-out dates may be determined on a sub-base by sub-base basis. 3. Vacation bids for the following calendar year must be submitted no later than twenty (20) days after the posting of available vacation dates, and shall be awarded by the Company no later than fourteen (14) days after bids close. 4. Vacations will be posted for bid in one (1) week blocks, and a Crewmember may bid up to two (2) consecutive weeks of vacation in the same month. 5. Crewmembers who do not bid all or part of their vacation entitlement will be assigned a vacation period(s) by the Company. 6. On a monthly basis the Company will post for each sub-base any vacation periods that are available at that base for the rest of the year. A Crewmember may trade his awarded vacation period(s) for another vacation period(s) published as available at his base. The trade request must be submitted to Crew Staffing in writing prior to the first (1 st ) day of the month prior to the earlier of (a) the month when their vacation is currently scheduled or (b) the month in which the new vacation falls. The Company will publish the results of any vacation trades with open vacation time by the fifteenth (15 th ) day of each month. If two (2) or more Crewmembers wish to trade to the same vacation period the award will be based on seniority. 7. Mutual exchange of vacations may be made between Crewmembers in the same sub-base and position. To make an exchange the Crewmembers must submit a joint request in writing to Crew Staffing no later than the first (1 st ) day of the month prior to the month in which the first vacation period involved in the trade is to be taken. D. Base and Position Changes If a Crewmember voluntarily changes his sub-base or position after the vacation bids have been awarded he shall re-bid his vacation entitlement from the vacation periods published as available in his new sub-base/position. Any such re-bidding shall be awarded in seniority order amongst those Crewmembers then re-bidding. E. Vacation Deferral and Cancellation 1. Vacation to be used in the current calendar year (accrued in the prior calendar year) may not be carried over into the next calendar year unless the Company

4 expressly elects for operational or other reasons to allow the deferral of vacations. The deferral of vacations into the next calendar year may be extended for specified limited periods and to specific vacation weeks, and may be offered system wide or limited to one or more bases or sub-bases, at the Company s sole discretion. 2. The Company shall have the right, for any reason, to offer Crewmembers the option of electing vacation pay in lieu of time off. This offer of vacation pay in lieu of time off may be extended for specified limited periods, and may be offered system wide or limited to one or more bases or sub-bases, at the Company s sole discretion. 3. For operational reasons the Company may cancel a Crewmember s vacation. Before so doing the Company will first solicit volunteers who are willing to change or fly through their vacation period. If an insufficient number of Crewmembers volunteer then vacations for the needed period(s) will be canceled in reverse seniority order. Unless otherwise agreed between the Company and the individual Crewmember no vacation will be canceled with less than thirty (30) days notice. a. If a Crewmember s vacation is involuntarily canceled then he will have the following options: i. Choose, in seniority order, a vacation period(s) from those periods that remain published as available in the Calendar year, or ii. iii. Elect to be paid for the vacation (in addition to his pay for work performed in the month), or If the Company elects to offer such, to defer his vacation into the next year to one or more of the vacation weeks that the Company proffers as available. b. If a Crewmember s vacation is involuntarily canceled and he has incurred non-refundable expenses (e.g. deposits) related to the vacation then the Company, upon receipt of proper documentation, will reimburse the Crewmember for those expenses. 4. If prior to a scheduled vacation a Crewmember incurs a serious medical condition or injury that would have precluded the Crewmember from working during the same time period as the vacation, then, at the Crewmember s option, he may postpone the vacation and choose from the options described in paragraph E.3.a, above. The Company may require confirmation from the Crewmember s doctor of the disabling condition.

5 F. Flying Obligations in a Vacation Month 1. For a month in which a Crewmember is to take vacation, he will be provided with a schedule consisting of flying and/or reserve assignments and days off. Such schedule will be constructed taking into account the Crewmember s seniority and to the extent doing so does not negatively impact operational concerns, the Crewmember s preferences regarding abutting his days off next to his vacation. 2. In the month in which a Crewmember takes a vacation his minimum days off will be prorated as follows: G. General Days of Vacation Minimum Number of Days Off Upon termination of employment a Crewmember shall be paid only the value of any unused vacation that was to be taken in the current calendar year, provided, however, that a probationary Crewmember shall be entitled to no vacation payout. There shall be no entitlement to be paid for any vacation that was accrued in the current calendar year to be taken in the next calendar year, except as provided in paragraph 2, below. 2. In addition to the vacation pay-out provided for in paragraph 1, above, a Crewmember with five (5) or more years of seniority who (a) retires from the Company at age sixty (60) or older, or (b) who terminates his employment due to inability to continue to perform the duties of a Crewmember for medical reasons shall also be entitled to a pay-out of any vacation he has accrued to that point for use in the following calendar year. 3. A Crewmember on Military Leave of Absence shall be entitled to use vacation one day at a time for such leave.

6 4. Vacation pay shall be calculated based on the rate of pay in effect for the Crewmember at the time the vacation is taken or otherwise paid off.