United pilots contract, Section 21 — General
21-A Company Equipment
A Pilot shall not be required to pay for the use of any Company equipment used for training required by the Company.
21-B Personnel and Training Files
Upon request, a Pilot shall be informed of all types of information that are kept by or for the Company relating to his employment, training and/or qualifications and shall be entitled to inspect all such files and information, regardless of where or how they are stored, including all changes to his Category, records related to a Pilot’s employment status, training records, records kept pursuant to the Pilot Records Improvement Act, records of attendance, sick leave and other absences, and any other supervisory reports. A Pilot shall be entitled to inspect this information by making an appointment with his Base Chief Pilot, with reasonable notice, during business hours. Nothing herein shall prevent the Company from maintaining this information in separate or duplicate files.
21-C Change in Uniform
Any change or alteration to the Pilot uniform must be with the concurrence of the Uniform Committee.
21-D Copy of Agreement
The Company and ALPA will maintain and publish an electronic version of this Agreement and all associated documents including Letters of Agreement, which shall be available on the Company- provided Electronic Flight Bag (e.g., the iPad).
21-E Pass Travel
21-E-1 Company personal pass travel policies shall apply to Pilots and shall not be changed or discontinued during the term of this Agreement without first advising the Association the reason therefore and affording the Association an opportunity to confer with the Company. It is further understood that any additional personal pass entitlements extended to other employees (not to include Managing Directors and above) during the term of this Agreement shall also be extended to Pilots, their widows/widowers and/or their dependents. Business travel policies shall be determined at the sole discretion of the Company.
21-E-2 A Pilot who has ten (10) years of service with the Company prior to being permanently grounded shall be considered as a retired employee for pass travel privileges.
21-E-3 Pilots on Military, COLA, Maternity/Parental and Emergency Leaves and their eligible family members shall have On-Line travel privileges at their active employee pass classification for the duration of the leave and may use any buddy or vacation passes in their possession at the time the leave begins.
21-E-4 Pilots on Family and Medical Leave (“FMLA”) and their eligible family members shall have On-Line travel privileges at their active employee pass classification for the duration of the leave and may use any buddy or vacation passes in their possession at the time the leave begins. This Section 21-E-4 shall not apply to a Pilot on a FMLA as a result of his own health condition. Such Pilot’s travel benefits shall be governed by the Company pass policy.
21-F International
21-F-1 Should a situation arise, either in the country or city served, that could present a concern for the continued safety of the crew or aircraft, then representatives of the Association and the Company shall meet immediately to determine the most appropriate action and/or modifications required, including the possibility that additional insurance may be appropriate. In no event shall a Pilot assigned to United's international operations suffer any reduction to his Company insurance benefits. Additionally, the Company agrees to protect a Pilot from any reduction in his personal life insurance benefits which may result from his assignment to international operations at the time of his death up to a maximum of one million dollars of total personal coverage.
21-F-2 If a crew member's luggage is lost by the Company while he is assigned a Global Trip or assigned to an international TDY domicile, then he shall be subject to the policy regarding lost luggage applicable to revenue passengers. An advance of $250.00 shall be made available to a Pilot under these circumstances. Such $250.00 shall be returned to the Company if his luggage is recovered.
21-F-3 The Company shall provide the names of English speaking doctors and medical facilities which are available twenty-four (24) hours. A priority shall be placed on finding doctors and facilities which are convenient to the layover hotel and with whom arrangements can be made which shall eliminate the possibility that the Pilot shall be required to provide immediate payment for treatment; including arrangements which would require the Pilot to later reimburse the Company for advancing payment on his behalf.
21-F-4 At least ninety (90) days prior to initiating new flying outside the United States, representatives of the Company and the Association shall meet to resolve operational issues. If a resolution cannot be reached, the Company shall make the final determination.
21-G No Discrimination
There shall be no discrimination between employees covered by the Agreement because of race, creed, color, sex or national origin.
21-H Intentionally Left Blank
21-I Indemnification
The Company shall indemnify a Pilot or his estate and provide defense against any claims, whether by third parties or by fellow employees, arising out of such Pilot's performance of his duties with the Company as a Pilot unless such claims arise from the willful misconduct of the Pilot.
21-J Jumpseats
21-J-1 The parties agree that the Company shall maintain the current flight deck jumpseat policy which provides that the United flight deck jumpseat may be granted to other Part 121 air carrier
pilots when a reciprocal flight deck jumpseat agreement is in effect. The Company has sole discretion in establishing reasonable procedures to administer this policy.
21-J-2 For any United B757 aircraft that does not have a second flight deck jumpseat, the Company will ensure the availability of a seat in the cabin for use by a jumpseat eligible United Pilot to be administered in the same manner as if the aircraft had a second jumpseat installed (i.e. all United Pilots eligible to occupy the flight deck jumpseat will also be eligible to occupy this alternate jumpseat, in the same priority). Access to occupy this alternate second jumpseat is limited to United Pilots who request a jumpseat at least twenty (20) minutes prior to scheduled departure.
21-J-2-a If a Pilot is unable to make an assignment due to the Company’s failure to provide an alternate second jumpseat, when required by Section 21-J-2 above, he will not be subject to any disciplinary action or other formal documentation in his personnel file, for inability to travel to his place of assignment, provided he was otherwise in compliance with Section 21-P “Commuter Policy.”
21-J-3 Provided seats are available in the cabin, authorized Pilots may travel on jumpseat authority even if the flight deck jumpseat(s) are occupied. The Pilot shall be boarded in the cabin on jumpseat authority only after all other stand-by passengers (revenue and non-revenue) have been boarded.
21-J-4 A United Airlines Pilot shall be allowed to travel on jumpseat authority and occupy the flight deck jumpseat(s) on a weight restricted flight.
21-J-5 If the Company takes delivery of new mainline aircraft that have a manufacturer’s order option to include a second jumpseat, and if the Company declines to order the second jumpseat, then the Company will ensure the availability of a seat in the cabin for use by a jumpseat eligible United Pilot to be administered in the same manner as if the aircraft had a second jumpseat installed (i.e. all United Pilots eligible to occupy the flight deck jumpseat will also be eligible to occupy this alternate jumpseat, in the same priority). Access to occupy this alternate second jumpseat is limited to United Pilots who request a jumpseat at least twenty (20) minutes prior to scheduled departure, and the provisions of Section 21-J-2-a shall apply to any eligible United Pilot denied the jumpseat because the second jumpseat was not provided. This Section 21-J-5 does not apply to used aircraft purchases.
21-K Change in Personnel Policy
Company personnel policy which affects Pilots shall not be changed without giving advance notice to the Association and affording it the opportunity to comment. Further, no change shall be made to any Company personnel policy which is contrary to any of the terms of this Agreement.
21-L Electronic Notifications and Postings
21-L-1 Unless otherwise expressly provided, all requirements contained in this Agreement to provide “notice” or to provide “written notice” or to “publish” or to “post” or to “make available” information, data or documents are fully satisfied by providing an electronic version of such information, data or document, in the case of notice, or by publishing or making such an electronic version available. Electronic versions of data, information or documents shall be deemed to be
the contractual equivalent of written or hard copies of the same information, data or documents and may be used to satisfy all obligations which would otherwise require hard copy documents, provided that the electronic version is in a format that is in general use (e.g., Adobe Acrobat, Word, Excel, Power Point, etc.), or an electronic delivery vehicle which is in general use by the Company (e.g., CCS, CMS, etc. or successor electronic delivery vehicles) at the time the information, data or document is provided.
21-L-2 For notice of issues or deadlines that directly affect the Pilot, the Company shall send notification via CCS priority message (or its equivalent) which requires an acknowledgement of receipt. Pilots may opt to receive email and text notifications of CCS messages. However, official notification is determined by acknowledgement in CCS (not by receipt of email/text).
21-L-3 For notice regarding training, potential displacement, or other similar short notice issues, the Company shall attempt to call the Pilot if he has not acknowledged the CCS message within seven (7) days of it being sent. Furthermore, if contact or acknowledgement has not occurred within forty-eight (48) hours of the phone call, the Company shall send notice via overnight mail with proof of receipt required. It is understood that training with a completion deadline may start as ‘long-notice’ training then evolve into ‘short-notice’ training as the deadline approaches.
21-M Crew Complement
The Company agrees that no United Airlines aircraft shall be operated in scheduled commercial operation, including courtesy, publicity, charter, or ferry flights, unless the minimum crew on such aircraft consists of two (2) Pilots from the United Pilot Seniority List on the aircraft flight deck.
21-N Jury Duty or Court Witness
21-N-1 A Pilot who is summoned to serve as a juror or court witness (where ‘court witness’ is defined as “testifying on behalf of United or when summoned by the state (the prosecuting authority) as an essential witness in a criminal proceeding”) must notify their supervisor as soon as possible, but no later than twenty-four (24) hours prior to the start of the initial conflicting Trip or reserve day(s). Thereafter, it is the Pilot’s responsibility to notify Crew Scheduling of any subsequent conflicting Trips or reserve days. A Pilot must submit a Certification of Court Attendance or the Court Summons to certify the absence as being eligible for pay. When the Company requests a Pilot to appear in-person as a court witness on a day off, the Pilot will be placed on Company Business for that day(s) and paid the greater of four hours and thirty minutes (4:30) of Add Pay or the Company Business daily rate per day.
21-N-2 When included in Section 21-N-1, jury and witness duty is considered a paid absence, given on a day-for-day basis.
21-N-2-a If the jury or witness duty does not cover the entire Trip the Pilot shall be offered one of the following options, depending upon system manpower availability:
21-N-2-a-(1) If the Pilot cannot be deadheaded to fly any portion of the Trip not covered by the absence, then the Pilot cannot be required to use vacation or lose pay on those days not covered by the absence.
21-N-2-a-(2) If the Pilot can be deadheaded to fly any portion of the Trip not covered by the absence,
21-N-2-a-(2)-(a) The Company may deadhead him to fly any portion of the Trip not covered by the absence;
21-N-2-a-(2)-(b) With Company concurrence, the Pilot may utilize next year's vacation (vacation drop) to cover the pay value of the portion of the Trip not covered by the absence; or
21-N-2-a-(2)-(c) With Company concurrence, the Pilot may drop the portion of the Trip not covered by the absence with no pay.
21-N-2-b A Reserve with jury or witness duty shall not receive any Line Pay Value for day(s) of jury or witness duty. However, each reserve day that is dropped for jury or witness duty shall count toward his MPG calculation in Section 3-C-1-b.
21-O No Cameras in Flight Deck
The Company shall join ALPA in vigorously opposing any legislative or regulatory attempt to have cameras installed in aircraft flight deck.
21-P Commuter Policy
When traveling to their assignment, Pilots are expected to exercise prudent judgment, including awareness of weather and other factors affecting travel, so as to allow adequate time for completion of all required activities associated with the schedule assignment or reserve duty. Specifically, if commuting by air, a Pilot must have a minimum of a primary and secondary flight (on and/or off-line), both of which are scheduled to arrive prior to report time for the initial schedule assignment or reserve duty. If, for any reason, a Pilot is unable to commute via the primary flight, the Pilot is to inform Crew Scheduling as soon as possible that they are planning to utilize the secondary flight. The contact with Crew Scheduling should be as detailed as possible to ensure they fully understand the situation. If, for any reason, a Pilot is unable to commute via the secondary flight, they must inform Crew Scheduling as soon as possible that they are or may be unable to cover the schedule assignment or reserve duty. In the case of a Reserve, their monthly guarantee shall be reduced by the MPG value of the missed reserve day; however, the reserve may, with concurrence of the Chief Pilot Office or FODM, be given an assignment or elect to move an RDO and retain guarantee. In the case of a Lineholder, their Line Pay Value, MPG as necessary and in accordance with Section 3-C-1-a, and PTC shall be reduced by the value of any missed assignment. A Pilot who misses their Trip shall be ineligible to receive premium pay for any Trip that touches the days of the missed Trip.
21-P-1 A Pilot who at least twelve (12) hours prior to their report time has a purchased a revenue ticket or holds a ticketed positive-space pass (on- or off-line) with a scheduled arrival time (at the time of purchase or confirmation) of at least ninety (90) minutes prior to the Pilot’s scheduled report time shall be considered to have satisfied the requirements of the Commuter Policy without requiring a secondary flight. The Pilot shall otherwise be subject to all other requirements of Section 21-P, including being removed from their assignment and subject to the risk of loss of pay.
21-P-2 When a Pilot commuting by air satisfies the requirements in Section 21-P, the Company may remove the assignment as a missed assignment only if the Pilot notifies the Company that
they are not projected to arrive by their scheduled report time. The Company shall promptly notify the Pilot if they are removed from the assignment.
21-P-2-a If the commuting Pilot is a Lineholder and the assignment is thus removed and subsequently assigned to a Reserve (except for assignments aggressively picked-up by the Reserve or for which the Reserve had a VDO disrupted to allow the assignment), and if the Pilot actually arrives prior to their scheduled report time (or prior to a delayed report time based on known delays) and notifies the Company upon their arrival, the Company shall return them to their original assignment and their PTC and MPG shall not be reduced. Any Add Pay originally associated with the Trip will be restored. The Reserve shall be subject to Section 20- F-1.
21-P-2-b If the commuting Pilot is a Reserve and the assignment is thus removed, and if the Pilot actually arrives prior to their scheduled report time (or prior to a delayed report time based on known delays) and notifies the Company upon their arrival, the Company shall either return them to their original assignment or follow Section 20-F-1, and their MPG shall not be reduced.
21-P-3 A Reserve who informs Crew Scheduling (via email, or electronic notification once such communication is available) that they will be utilizing a primary or secondary flight that arrives no later than the earliest possible report time for a Trip assigned during the Short Call period shall not be required to be phone available during the first two hours and thirty minutes (2:30) of the Short Call period.
21-Q Federal Flight Deck Officer (FFDO)
A Pilot who shall attend initial or five (5) year recurrent FFDO training and informs the Company in time to have the necessary days included in Monthly Schedule Preferencing may elect to (1) be paid using his available vacation from his next vacation year's accrual (as defined in Section 11-G-1; Section 11-G-5 shall also apply), on a day for day basis, or (2) keep the days as an unpaid absence. Additionally, the Company shall provide a Pilot PS-5 pass travel to and from all FFDO training. Travel is subject to the same to/from restrictions as Deadhead Deviation, Sections 5-D-1-a through 5-D-1-d, with the term “FFDO training location” substituting for the terms “airport at which a Trip begins” and “airport at which a Trip ends”.
21-R Hiring Standards
Subject to other legal obligations, the Company shall make reasonable efforts to fill Pilot vacancies with the individuals who satisfy United’s hiring standards, who have previously worked for carriers represented by ALPA, and who are no longer working for those carriers for economic reasons such as lay-offs or the shutdown of that carrier.
21-S Order to Fly
21-S-1 When a Pilot receives an assignment from the Company that, in the opinion of the Pilot, would violate the Agreement or is otherwise improper, the Pilot may:
21-S-1-a Request that the assignment be reviewed by a flight qualified management Captain prior to acceptance of the assignment; and
21-S-1-b Request that the flight qualified management Captain issue an order to the Pilot to comply with the assignment.
21-S-2 After reviewing such assignment, the flight qualified management Captain shall:
21-S-2-a Advise the Pilot that the assignment is either proper or improper; and
21-S-2-b If requested by the Pilot, issue an order to the Pilot to comply with any assignment that in the opinion of the management Pilot is not in violation of the Agreement and is otherwise considered to be a proper assignment.
21-S-3 After issuing an order to comply with an assignment, the flight qualified management Captain shall cause the order to be reflected in the audit trail of the assignment along with the issuer's initials.
21-S-4 If the flight qualified management Captain elects not to issue an order to the Pilot, the Pilot may decline the assignment, and shall be held harmless for such declination.
21-T Crew Scheduling System
The Company shall utilize a crew computer system that, at a minimum, contains the list of functions as mutually agreed as of December 18, 2012.
21-U Effect of Law
Nothing in this Agreement shall be construed as a waiver of any Pilot’s right(s) under any applicable laws and regulations. To the extent that any provision of this Agreement, past practice or Company policy is in conflict with applicable laws or regulations, applicable law or regulations shall govern and shall be enforceable according to their terms (e.g. USERRA). To the extent that compliance with applicable laws and regulations requires changing provisions of this Agreement, past practice or Company policy applicable to other Pilots not protected by the applicable laws and regulations (e.g., non-USERRA protected Pilots), the parties shall, in a timely manner, meet and agree for the purpose of curing the violation or potential violation in a way which requires the least change, disruption of the existing circumstances, and additional cost as is possible without negatively impacting such Pilots.
21-V Supplemental Bottled Water
21-V-1 Aircraft
21-V-1-a Working crewmembers shall be provided with bottled drinking water on transcontinental flights and flights outside the continental United States, except Canada. The bottled water shall be delivered directly to the flight deck at least ten (10) minutes before scheduled Departure time. Bottled drinking water shall meet U.S. Health Department standards for purity.
21-V-1-b When required under Section 21-V-1-a, the Company shall supply at least one (1) liter of water per working crewmember for flights scheduled for eight (8) hours or less, and two (2) liters of water per working crewmember for flights scheduled over eight (8) hours. Section 21-V-1-b is the minimum for bottled water to be supplied by the Company and is not meant to restrict crewmembers in the consumption of other water or beverages boarded on any United aircraft.
21-V-2 Hotels
21-V-2-a Pilots shall be supplied with bottled drinking water at international layover hotels as set forth below (excludes Canada):
21-V-2-a-(1) In Central and South America (including Mexico City and Puerto Rico);
21-V-2-a-(2) In the Pacific Rim, at all destinations except for layover hotels in Narita, Osaka, Hong Kong, Sydney, Melbourne and Auckland;
21-V-2-a-(3) In Europe, Milan and Rome, Italy only; and
21-V-2-a-(4) In India and Africa, at all destinations.
21-V-2-b The approximate amount of water to be supplied per crewmember is two (2) liters per day. The bottled drinking water shall meet the U.S. Health Department standards for purity.
21-V-2-c During inspections of new hotels or re-inspection of current hotels outside of the continental U.S. and Canada, the Company and the ALPA Hotel Committee shall determine whether the hotel's water is safe for consumption. If it is determined that it is not, the provisions of Section 21-V-2-b shall apply to that hotel. This includes all hotels outside the continental U.S. and Canada, whether they are current or new destinations.
21-W Hardship
21-W-1 The Company and Association shall maintain a joint four-member Hardship Committee. The two (2) Company members of the Committee shall be the Company’s Vice President, Flight Operations and another management member selected by the Company, and the two (2) Association members of the Committee shall be the Association’s United MEC Chairman and another United Airlines Pilot representative selected by the Association. The Committee may meet in person, by telephone conference call or other convenient means. The Committee shall convene as necessary to address submitted hardship claims in a timely manner.
21-W-2 The purpose of the Hardship Committee is to consider and act upon requests from individual Pilots for relief from their obligations under the Agreement based on a claim that compliance with the Agreement would impose a hardship, including maintaining a position in his current or awarded Category. Such written submission must specify the basis for the claim, the relief requested and the desired duration of the relief. Each request shall be deemed confidential. The information contained within the claim and the disposition of the claim shall be shared by members of the Committee with others only on a need-to-know basis.
21-W-3 In considering each request for relief, the Committee must be satisfied that the claimed hardship is genuine and sufficient to justify the relief granted. For purposes of Section 21-W-3, “sufficient” means that the problem giving rise to the hardship claim is not merely an inconvenience, but rather is of substantial gravity and intensity.
21-W-4 The Hardship Committee has the authority to grant relief on an individual basis only to the extent and for the duration that the Committee deems necessary to address the demonstrated hardship.
21-W-5 When hardship waivers are granted, they shall relieve the Company and/or the Association from financial and other obligations under the Agreement that are a direct consequence of the relief granted to an individual Pilot by the Committee. For example, should the Committee grant a Pilot relief from being activated into an awarded Category, that act shall relieve the Company from any pay rate protection obligation that would be triggered as a direct consequence of the relief granted to the Pilot, and the Pilot would not be entitled to claim any other entitlements related to his delayed or cancelled activation.
21-W-6 Decisions of the Hardship Committee shall be by majority vote of all of the members of the Committee. In the event of a deadlock, the hardship claim shall be deemed to have been denied. Should the Company elect to honor a hardship request that has been denied by the Committee, it shall not be entitled to any relief from any Agreement obligations created as a direct consequence of the relief granted.
21-X Pilot and Family Remains
Remains of a Pilot, or of a Pilot’s spouse, children or parents shall be shipped On-Line at no charge.
21-Y Job Share/Management Pilots
21-Y-1 During the period a job share Pilot is functioning as a management Pilot, he shall be considered a management employee for the purposes of establishing his pay, working conditions, job responsibilities and performance. Accordingly, the Association shall have no representational rights or obligations to the Pilot with respect to any issue related to his employment as a management Pilot. The Association shall continue to represent the Pilot as to other matters governed by this Agreement and for all purposes during those periods when he is not functioning as a management Pilot.
21-Y-2 Upon accepting a job share position, a Pilot shall retain any vacation period awarded during the annual vacation award. Any vacation which was not awarded during the annual vacation award shall remain eligible to be bid and awarded as monthly vacation as set forth in Section 11, or may be taken while functioning as a management Pilot if manpower requirements permit. For all subsequent vacation years, a job share Pilot shall split his total vacation between the line and as a management Pilot as follows:
21-Y-2-a A job share Pilot’s vacation day allotment shall be divided by seven (7) to determine the number of blocks of vacation available.
21-Y-2-b If there is a partial block (e.g., 30 days divided by 7 leaves a 2-day partial block), the partial block shall be taken as a management Pilot.
21-Y-2-c If there is an even number of blocks of seven (7), the blocks shall be evenly split so that half of the blocks are bid and awarded as a line Pilot, and the other half taken as a management Pilot.
21-Y-2-d If there is an odd number of blocks of seven (7), the remaining block shall be taken as a management Pilot.
Example: If a job share Pilot has twenty-three (23) days of vacation he shall have three (3) blocks of seven (7) days of vacation available. The partial block of two (2) days must be
taken as a management Pilot. One (1) block of seven (7) days must be taken as a line Pilot and the other two (2) blocks must be taken as a management Pilot.
21-Z Conflict of Interest
A Pilot who is furloughed or on a Company Offered Leave of Absence (“COLA”) shall not be subject to the Company’s Conflict of Interest Policy and may seek pilot employment with another airline.
21-AA Incorrect Seating When Deadheading or Traveling To or From Training
21-AA-1 If the Company determines that a deadheading Pilot has been seated and travels in a lesser class of service than the Pilot was entitled to under Section 5-C-1, or that a Pilot traveling to or from training has been seated and travels in a lesser class of service than the Pilot was entitled to under Section 9-D-1, then the Pilot shall receive a confirmed booking under the provisions of Sections 21-AA-1-d and 21-AA-1-e for one of the following:
21-AA-1-a a subsequent deadhead that otherwise would not provide for a First Class or Business Class booking; or
21-AA-1-b a subsequent flight for travel between his Base and a training location that otherwise would not provide for a First Class or Business Class booking. With Company concurrence, a flight for travel between his home of record and a training location may be used; or
21-AA-1-c on a subsequent deadhead deviation if the seat is otherwise available for sale for the origin and destination that matches the Pilot’s deadhead deviation.
21-AA-1-d On a three-class aircraft, the Pilot shall be booked in Business Class. If Business Class is not available at the time of booking, the booking shall be in First Class, if available at time of booking.
21-AA-1-e On a two-class aircraft, the Pilot shall be booked in First Class, if available at time of booking.
21-AA-1-f For this Section 21-AA-1, an Economy Class seat that is not an Economy Plus seat shall be considered a “lesser class of service” than an Economy Plus seat.
21-AA-2 If the Company fails to provide a contractually compliant seat to a Pilot who received an authorized deadhead booking and who met all check-in requirements, and if this results in the Pilot’s deadhead flight being changed, he will be eligible for the Add Pay described in Section 20- L-5, and, if the Pilot is a Lineholder, for day-off restoration described in Section 20-N. The Pilot shall make a claim for this pay and restoration through HelpHub.
21-BB Waiver of Sections 5 & 20 Provisions
A Pilot may waive the entitlements and provisions in Section 5 and Section 20 where expressly indicated in those Sections. If the Company is notifying the Pilot of an assignment or reassignment that requires a waiver, or is otherwise in communication with the Pilot when a situation requiring a waiver exists, it must notify the Pilot that his consent is required. If in the actual performance of an assignment or reassignment a situation requiring a waiver develops, and the Company is not otherwise required to communicate with the Pilot, the Pilot’s consent shall be implied, unless he communicates otherwise to the Company.
21-CC Longevity
Longevity for a Pilot begins to accrue on the date he is hired and shall continue to accrue except as otherwise provided for in this Agreement.
21-DD Medical Privacy and Autonomy
21-DD-1 Medical Autonomy. The Company may not unilaterally impose a vaccination, medical procedure, or medical requirement on Pilots beyond any requirements imposed by the FAA, including special issuance certificates.
21-DD-2 Medical Privacy. Unless otherwise required by the Agreement, the Company will not impose on any Pilot a requirement to share medical information.
21-DD-3 Definitions. To ensure the protections of 21-DD-1 and 21-DD-2, the following definitions shall apply:
21-DD-3-a “Operational Impact” is an impact to flight operations due to a vaccination, medical procedure, or medical requirement that includes any disruption to report, release time, crew duty limits, or disruption to layover transportation or accommodations.
21-DD-3-b “Governmental Restrictions” is a restriction placed by a foreign destination country where a vaccination is a requirement for entry.
21-DD-3-c “Restricted Segment” is a Flight Segment(s) that has a Governmental Restriction or an Operational Impact. To qualify, the Company will notify the SSC of the restricted destinations and the basis for inclusion as soon as they become aware of the restriction or Operational Impact.
21-DD-4 Return-to-Work After Leave. Notwithstanding the protections of 21-DD-2, Pilots returning from a leave of thirty (30) days or greater (including sick leave) as part of the return-to- work process, will have the option of either (a) following the return-to-work process in effect of September 29, 2023 by providing Corporate Medical sufficient medical documentation or (b) obtaining a new FAA Medical post injury or illness.
21-DD-5 Medically Unqualified Pilots. A Medically Unqualified Pilot is a Pilot who is assigned a Flight to a destination and who (a) fails to meet Governmental Restrictions for that destination, (b) would incur an Operational Impact flying to such destination, or (c) has not provided documentation about their medical status that would establish their medical qualification for that destination.
21-DD-5-a A Medically Unqualified Pilot will not be placed in Dependability Monitoring for removal from an assigned Trip due to a Restricted Segment.
21-DD-5-b A Medically Unqualified Pilot will not be awarded a vacancy or displacement into a Category that operates to a destination that is subject to an Operational Impact or Governmental Restriction.
21-DD-5-c A Medically Unqualified Pilot may not pick-up or trade into Trips that contain a Restricted Segment. A Pilot who has taken an affirmative action to be qualified as of the scheduled Departure date of the first Restricted Segment in the Trip will not be treated as a Medically Unqualified Pilot. For example, a Pilot who receives a vaccine which requires a 14-
day inoculation period and informs the Company of being vaccinated more than fourteen (14) days before the first Restricted Segment in a Trip would not be treated as a Medically Unqualified Pilot for that Trip.
21-DD-6 Medically Unqualified Pilots with Existing Bids.
21-DD-6-a Where a Medically Unqualified Pilot is in a Category that operates to a destination that is subject to Operational Impact or Governmental Restriction there shall be no restrictions to PBS awarding due to a vaccination, medical procedure, or medical requirement.
21-DD-6-b Notwithstanding the above, after the third (3rd) Bid Period in which a Pilot is removed from a Trip containing a Restricted Segment, including Trips assigned to the Pilot while on Reserve, the Trip pool available for awarding to a Medically Unqualified Pilot will exclude all Trips that contain a Restricted Segment. However, the full Trip pool will be available to PBS in “completion mode.”
21-DD-6-c The requirements in 21-DD-6-b will terminate beginning with the first (1st) Bid Period after the location no longer maintains the Governmental Restriction or the Pilot becomes medically qualified to operate to the destination.
21-DD-7 “Drop and Block” Process. A Medically Unqualified Pilot with a Trip that contains a Restricted Segment(s) will be removed without pay from that Trip within fourteen (14) days prior to the scheduled Departure date of the first Restricted Segment within the Trip, in accordance with Section 20-A-5-d-(4). The underlying days of the dropped Trip will be blocked with DNF (or a similar code) that prevents trading into or picking up any other Trip(s) operating on the underlying blocked days. This DNF code will be removed if the Pilot provides proof of qualification.
21-DD-7-a In order to utilize the unpaid Drop and Block process described herein, the Company will be subject to the timeline described in Section 20-D-4-e. Specifically, if the Company fails to remove the Trip by the Section 20-D-4-e deadline, the Pilot’s PTC will not be reduced, and the Pilot will be subject to Section 20-F-1 obligation.
21-DD-7-b If a new Restricted Segment is designated within fourteen (14) days of the Departure date of the Restricted Segment, the Section 20-D-4 process shall be applied to the Trip and the time Pilots in any affected Categories are notified of the revised designation (such as by a CCS message) will be imputed as the time the error occurred.
21-DD-7-c The Drop and Block process will occur no earlier than twenty-four (24) hours after the first Seniority Trip Trade System run for the Bid Period in accordance with Section 20-P-3- c.
21-DD-8 Reassignments and Reserve Assignments.
21-DD-8-a If a Medically Unqualified Pilot is reassigned into a Restricted Segment (including 20-F-1 replacement flying) it shall be considered a schedule error and will be subject to the provisions and deadlines in Section 20-D-4.
21-DD-8-b If a Medically Unqualified Pilot on Reserve is assigned a Trip that contains a Restricted Segment, the Trip will first be assigned normally, including moving days off (if required). The Trip will then be dropped without pay, and all underlying Reserve days will be Dropped and Blocked, reducing MPG for each day. Any moved days off will remain moved.
21-DD-9 Temporary Duty Assignments into Categories with Restricted Segment(s).
21-DD-9-a Notwithstanding Section 8-G-3-b, if a Category with scheduled Trip(s) that include Restricted Segment(s) has insufficient Medically Qualified Pilots in the Category to cover all scheduled flying, the Company may deny awards to any or all Medically Unqualified Pilots when awarding TDY assignments into the Category.