The Crew Contract

United pilots contract, Section 14 — Physical Examinations

United Pilot Agreement 2023Effective Last checked Source document

14-A Company Medical Examiner

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14-A-1 A Pilot may be required to undergo an examination by a doctor of the Company’s choosing (a “Company Medical Examiner” or “CME”) to determine whether the Pilot is medically qualified to perform his duties if:

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14-A-1-a The Company has reasonable cause to question the Pilot’s ability to perform his duties; or

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14-A-1-b The Pilot has failed his required FAA Medical Certificate examination (examination shall be by a qualified Aviation Medical Examiner (“AME”) in this instance).

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14-A-2 The cost of any examination required by the Company shall be paid by the Company (to include expenses in accordance with Section 4-A-1, hotel accommodations, and positive space travel from his Base, or On-Line station nearest his home of record when required to travel outside his Base to accomplish examination(s) or testing by the CME).

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14-A-3 The Company shall allow for consultation by, and give due consideration to recommendations from, a Pilot’s aeromedical representative (e.g., ALPA’s Aeromedical Advisor, the Pilot’s AME, or other designated medical representative) as to the selection of the CME. The Company shall designate a medical official to interact with the Pilot’s aeromedical representative.

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14-A-4 The Pilot shall be notified in writing as to his failure to pass such examination required by the Company. Upon his request, at no cost to the Pilot he shall be furnished with copies of all medical tests, x-rays and any other documentation or information which was utilized to determine the Pilot's inability to pass the examination.

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14-A-5 The Pilot's medical records shall be kept confidential and not released to anyone except by the Pilot's specific written consent. When required by a court order or other legal requirement to release information, the Pilot shall be notified of such action. Should action be taken under Section 14-B, all medical records pertinent to the case shall be made available to the medical examiners involved.

14-B Pilot Medical Examiner

Should the Pilot dispute the CME’s determination, he may, at his option, have a review of his case in the following manner:

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14-B-1 The Pilot may employ a qualified medical examiner (the “Pilot’s Medical Examiner” or “PME”) of his own choosing, at his own expense, to conduct an examination for the same purpose as the examination made by the CME, provided that he communicates, in writing, to the Company the name of the PME he has chosen.

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14-B-2 A copy of the findings of the PME shall be furnished to the Company. If such findings verify the findings of the CME, no further medical review of the case shall be afforded.

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14-B-3 If the findings of the PME disagree with the findings of the CME, at the written request of the Pilot, the Company shall ask the CME and the PME to appoint a third qualified neutral medical

examiner (the “Neutral Medical Examiner” or “NME”), preferably a specialist in Aviation Medicine, for the purpose of making a further examination of the Pilot.

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14-B-4 After reviewing the findings and related medical documentation provided by the CME and PME, the NME shall conduct an examination of the Pilot as necessary to determine whether the Pilot is medically qualified for flying duty. The NME, PME and CME shall constitute a board of three (3), the majority opinion of which shall decide whether the Pilot is medically qualified for flying duty.

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14-B-5 The expenses of the NME shall be borne one-half (1/2) by the Pilot and one half (1/2) by the Company. Copies of the NME’s report shall be furnished to the Company and to the Pilot.

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14-B-6 If the board referenced in Section 14-B-4 finds the Pilot medically qualified for duty, he shall be returned to flying status. The Pilot shall be returned to the Category he left or have the option of displacing into any Category his seniority would have allowed him to be awarded on any bid that was awarded subsequent to his failure to pass a Company examination. The Pilot shall be paid for time lost in an amount which he would ordinarily have earned had he been continued in service. Any sick leave used due to his failure to pass a Company examination shall be returned to his sick leave bank.

14-C Pay During Examinations

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14-C-1 Pending examination by the CME, the Company may remove a Pilot from flight status with pay. The Pilot shall be paid for any scheduled Trips missed, or if the Pilot has no scheduled Trips they shall be paid 70 hours of PTC (prorated as necessary).

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14-C-2 If a Pilot is in possession of a current FAA First Class Medical Certificate, he shall be paid sick leave in accordance with Section 13 from the period of time from which he fails to pass a Company examination conducted by the CME until the conclusion of the medical review process.

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14-C-3 If the Pilot has exhausted their sick leave bank while waiting for the conclusion of the medical review process, they shall be paid 70 hours of PTC (prorated as necessary) until the process is concluded.

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14-C-4 If the Company prevails in the medical review process, the Pilot shall be obligated to refund all compensation paid following the exhaustion of his sick leave.