SECTION 1
RECOGNITION, SCOPE AND JOB SECURITY
A. Recognition
In accordance with the certification (R 7086) made by the National Mediation Board on July 7, 2006, in Case Number 33 NMB No. 46, Northwest Airlines, Inc. (the "Company") hereby recognizes the Association of Flight Attendants - CWA, AFL-CIO (the "AFA" or "Union") as the duly designated and authorized representative of the Flight Attendants in the service of the Company for the purposes of the Railway Labor Act, as amended.
B. Scope
1. This Agreement covers all Flight Attendants in the employ of the Company who are employed and assigned within the United States and its territories and Flight Attendants in such positions when assigned to those segments of the Company's international passenger flights which originate or terminate in the United States and its territories and also Flight Attendants in such positions when assigned at the discretion of the Company on other international passenger flights, except as provided in Letter of Agreement 6.
2. a. All present and future cabin passenger service of the Company operating in aircraft operated by pilots on the Pilot System Seniority List of Northwest Airlines, Inc. shall be performed exclusively by the Flight Attendants on the Northwest Airlines, Inc. Flight Attendant System Seniority List under the terms of this Agreement, except as provided in Letter of Agreement 6.
b. In the event that the Northwest-ALPA System Board of Adjustment finds the Company to have violated any provision relating to allocation of flying in Section 1 of the Agreement between the Air Line Pilots Association, International and Northwest Airlines, Inc. dated September 13, 1998, as it may be amended from time to time: (1) Flight Attendants covered by this Agreement shall thereafter perform cabin passenger service on any and all new flying allocated to Northwest pilots as a result of the Award of the System Board of Adjustment; and (2) the Union may file a grievance under Sections 27 and 28 of this Agreement for the limited purpose of seeking relief for any loss of compensation suffered by one or more identifiable Flight Attendants as a direct result of the violation.
C. Successors
1. This Agreement shall be binding upon any successor including, but not limited to, any merged company or companies, purchaser, assign, assignee, transferee, administrator, receiver, executor and/or trustee (hereinafter "successor"), of the Company which acquires ownership and/or control of all or substantially all of the equity securities and/or assets of the Company. The Company agrees to give written notice of the terms of this Agreement to a proposed successor before concluding any Successor Transaction. The Company shall provide the Union with the provisions of any Successor Transaction immediately upon conclusion of such transaction.
2. In the event of a Successor Transaction, as defined in paragraph C.1., above, the following provisions shall apply regardless of whether one or more than one carrier survives the transaction or whether formerly separate operations are to be integrated:
a. The Company and/or the successor shall continue to recognize the Union as the representative of the pre-transaction Company Flight Attendants, so long as such recognition is consistent with the Railway Labor Act and any applicable rulings or orders of the National Mediation Board.
b. Subject to applicable securities and other laws and regulations, the Company shall review with the Union the details of any material agreements relating to Successor Transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information.
c. The Company, or the successor if different from the Company, shall continue to be the employer of all Flight Attendants on the Northwest System Seniority List, including any such Flight Attendants on leave or furlough status at the time of the Successor Transaction.
d. Where formerly separate operations eventually are to be integrated, the two Flight Attendant groups shall be kept separate until their seniority lists are integrated in accordance with the requirements of this Section and the rates of pay, rules and working conditions for the post-merger craft or class are established by agreement or otherwise in conformity with the Railway Labor Act.
e. So long as the two Flight Attendant groups remain separate, the rates of pay, rules and working conditions set forth in this Agreement shall be observed with respect to the Flight Attendants whose names appear on the NWA Flight Attendant System Seniority List.
D. Partial Transactions
In the event of a proposed transaction which involves all or substantially all of any one or more of the designated Company assets listed below (a "Partial Transaction"):
1. The DTW hub operation;
2. The MEM hub operation;
3. The MSP hub operation;
4. The BOS gateway operation;
5. The DTW gateway operation;
6. The HNL gateway operation;
7. The LAX gateway operation;
8. The SEA gateway operation;
9. Any future hub or gateway operation of at least the size and scope of 1.- 8., above;
10.The Atlantic entity;
11.The Pacific entity;
12.Fifty percent (50%) or more of the United States - NRT/KIX/OSA city pair route authorities being operated by the Company pursuant to the 1952 bilateral agreement with Japan, as amended, that are currently serviced by Flight Attendants covered by this Agreement;
13.Fifty percent (50%) or more of the beyond Japan route authorities being operated by the Company pursuant to the 1952 bilateral agreement with Japan, as amended, that are currently serviced by Flight Attendants covered by this Agreement;
14.A single transaction or a related series of transactions for value which directly or indirectly causes a reduction of more than 35 aircraft.
Flight Attendants from the Flight Attendant System Seniority List shall have the right to transfer to the successor, and if they elect to transfer on a timely basis, shall be offered such transfer in accordance with system seniority. The number of Flight Attendants to be given the right to transfer shall be determined by calculating the average Flight Attendant staffing on a monthly basis for the prior twelve (12) months for the number and type(s) of aircraft to be transferred as part of the proposed Partial Transaction. No transaction shall be completed unless Flight Attendants who elect to transfer are transferred pursuant to this paragraph D.
E. Labor Protective Provisions
The Company shall not enter into any agreement to a Successor Transaction (as defined in paragraph C.1., above) or to any Partial Transaction (as defined in paragraph D., above) unless the other party to the transaction agrees in writing, as a condition of the transaction, to (1) provide Labor Protective Provisions for Northwest Airlines Flight Attendants no less favorable than the Labor Protective Provisions specified by the CAB in the Allegheny-Mohawk merger, including Sections 3 and 13 relating to fair and equitable seniority integration, but excluding Section 8 (Transfer Expenses) and Section 9 (Home Purchase) thereof; (2) provide to a Flight Attendant who is required to change his/her base station as a result of such Successor Transaction or Partial Transaction transfer expenses in accordance with Section 13.A. of this Agreement; and (3) assume the terms of this Section 1.E. and of Section 1.C.2., above. For purposes of this paragraph, a seniority integration process shall not be deemed less favorable than that provided by Sections 3 and 13 of the Allegheny-Mohawk LPPs if it provides for either (1) date of hire seniority integration, or (2) “fair and equitable” seniority integration with arbitration of any disagreement before a neutral arbitrator. This paragraph E. shall remain in full force and effect concurrently with this Flight Attendant Agreement and the next ensuing Flight Attendant Agreement.
F. Information Sharing
1. Subject to an appropriate confidentiality agreement, if necessary, the Company shall provide to the Union, upon request, information and operational data reasonably necessary to monitor compliance with this Section 1.
2. The Company shall meet with designated representatives of the Union, upon request, to review the impact upon Flight Attendants of the joint ventures, code shares and Marketing Agreements in which the Company is a participant; and to be briefed with respect to actions affecting Flight Attendants taken or contemplated by the Company and/or its Alliance partners.
G. Expedited Board of Adjustment Procedures
Any grievance arising under this Section 1 shall be arbitrated on an expedited basis directly before the System Board of Adjustment pursuant to Section 28 of the Agreement and the following provisions. If a mutually agreed upon arbitrator cannot be selected within three (3) days of the submission to the System Board, an arbitrator will be selected pursuant to Section 28 of this Agreement, with selection to be completed within three (3) days of receipt of a list of proposed arbitrators. The dispute shall be heard no later than sixty (60) days following the submission to the System Board (subject to the availability of the arbitrator), and shall be decided no later than thirty (30) days following conclusion of the hearing. The time limits set forth in this paragraph may be extended only by written Agreement of the Company and the Union.
H. Equality of Rights
1. Equality of rights under the law shall not be denied or abridged by the Company on account of sex. The Company shall not discriminate in any way against any individual Flight Attendant with respect to his/her compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, disability, national origin, age or sexual orientation.
2. Unequal application and/or administration of any disciplinary action occasioned, in whole or in part, because of the race, color, gender or sexual orientation of an employee who is the subject of the same shall not be allowed or condoned.
3. Harassment of any employee based, in whole or in part, on race, color, gender or sexual orientation shall not be condoned nor permitted to continue once discovered.
4. No promotion, transfer, overtime or other compensation opportunity or other term or condition of employment shall be denied based, in whole or in part, on race, color, provided, however, that any consideration of race or color in achieving the affirmative action goals and other legal obligations of NWA shall not be a violation of this provision of the Agreement. It is further provided that actions by NWA in achieving its affirmative action goals or other legal obligations shall not be inconsistent with, or override, any of the other terms of this Agreement.