SECTION 14
REDUCTION IN FORCE AND RECALL
A. Reduction in Force - General
1. Prior to announcing or implementing any involuntary reduction in the Flight Attendant force in accordance with paragraph B. or C., below, the Company shall notify and confer with the MEC President, or his/her designee.
2. The two (2) situations in which the Company may announce or implement a reduction in the Flight Attendant force are as follows:
a. System Excess: There is an excess of Flight Attendants in the system, reduction of the excess shall involve the following steps:
(1) Voluntary Furloughs as described in paragraph B.1., below;
(2) Involuntary Furloughs as described in paragraph B.2., below. Flight Attendants subject to involuntary furlough shall be afforded the following options:
(a) Fill a vacancy at a base that has a shortage of Flight Attendants;
(b) Exercise his/her seniority to displace a junior Flight Attendant at another base;
(c) Accept involuntary furlough from his/her base station.
b. Base Excess: There is an excess of Flight Attendants at a base(s) but not an excess of Flight Attendants in the system. Flight Attendants who are declared excess at a base(s) shall be afforded the following options as described in paragraph C., below:
(1) Fill a vacancy at a base that has a shortage of Flight Attendants;
(2) Exercise his/her seniority to displace a junior Flight Attendant at another base.
NOTE: Such Flight Attendants shall not have an option to accept involuntary furlough from his/her base station.
B. Reduction in Force – System Excess
Following are the steps the Company shall follow when it becomes necessary for a reduction in the Flight Attendant force due to an excess of Flight Attendants in the system:
1. Voluntary Furloughs
a. Applicability
When there is a system excess of Flight Attendants, the Company shall offer voluntary furloughs, with the intent of reducing the number of involuntary furloughs, in situations requiring advance notice of furlough (see subparagraph B.2.a.(2), below), simultaneous with the posting of the Notice of Reduction in Force as required in paragraph B.2.c.(4), below.
b. Eligibility
Only Flight Attendants projected to be on payroll on the effective date of the Notice of Reduction in Force who are senior to the most senior Flight Attendant who is actually involuntary furloughed are eligible for voluntary furlough.
c. Bidding for a Voluntary Furlough
Voluntary furlough election forms shall be made available via CENTRY at the time of posting of the Notice of Reduction in Force and shall be completed and submitted by eligible Flight Attendants via CENTRY no later than seven (7) days after posting of such notice.
d. Awarding Voluntary Furloughs
Voluntary furloughs shall be awarded in system seniority order throughout the system regardless of base, to eligible Flight Attendants, who have timely submitted voluntary furlough forms, not to exceed the total number of Flight Attendants who would otherwise have been involuntarily furloughed.
e. Duration of Voluntary Furlough / Conversion to Involuntary Furlough
(1) Unless otherwise agreed between the Company and the Union all voluntary furloughs shall commence on the effective date specified in the Notice of Involuntary Furlough and shall be for a duration of one (1) year.
(2) If during the term of a Flight Attendant's voluntary furlough, he/she would have been involuntarily furloughed if he/she had not been on voluntary furlough, his/her voluntary furlough shall be converted to involuntary furlough.
(3) Voluntary furloughs may only be extended upon written mutual agreement of the individual Flight Attendant, the Company and the Union.
(4) Voluntary furloughs are subject to the sixty (60) months time limit of paragraph H., below.f. Seniority and Longevity
Flight Attendants on voluntary furlough shall retain and continue to accrue seniority for bidding and pass travel purposes. Flight Attendants on voluntary furlough shall not receive longevity credit for pay purposes.
g. Base Assignment at Expiration of Voluntary Furlough
At the expiration of a Flight Attendant's voluntary furlough, such Flight Attendant shall be returned to the base from which he/she was voluntarily furloughed. If such base has been closed or such Flight Attendant's system seniority is insufficient to hold a position at such base, he/she shall have the option to:
(1) Exercise his/her seniority to displace a Flight Attendant with less system seniority at another base, or
(2) Fill a permanent vacancy at another base in the system.
Such transfer shall be considered involuntary for the purpose of determining responsibility for transfer expenses.
NOTE 1: Upon return, if there are multiple voluntarily furloughed Flight Attendants who are eligible and choose to exercise their seniority to displace a junior Flight Attendant, or to fill a vacancy, such options shall be awarded in system seniority order.
NOTE 2: In the event there is an excess of Flight Attendants in the system, if a Flight Attendant returning from voluntary furlough does not opt to or is unable to fill a vacancy or displace a junior Flight Attendant, his/her status shall be converted to an involuntary furlough.
NOTE 3: In the event there is not an excess of Flight Attendants in the system, a Flight Attendant returning from voluntary furlough who fails to exercise his option to fill a vacancy or displace the junior Flight Attendant in the system shall be considered to have voluntarily resigned from the Company and shall forfeit all seniority. Such Flight Attendant shall not have an option of base furlough.
h. Notice of Expiration of Voluntary Furlough
(1) Thirty (30) days prior to the expiration date of a Flight Attendant's voluntary furlough, the Company shall give Notice of Expiration of Voluntary Furlough, which shall consist of an attempted telephone contact at the Flight Attendant's current telephone number and a certified letter (or other means of confirmed message delivery to the Flight Attendant’s home address or to the Flight Attendant) mailed to the Flight Attendant's current address on file with the Company.
(2) A Flight Attendant shall have seven (7) days from the date the Notice of Expiration of Voluntary Furlough was mailed to respond to the Company, in the manner set forth by the Company in such Notice.i. Failure to Respond
A Flight Attendant's failure to respond to, or report for duty as required by the Notice of Expiration of Voluntary Furlough shall cause the Flight Attendant to be removed from the Flight Attendant seniority list and he/she shall be deemed to have voluntarily resigned.
j. Recall
A Flight Attendant on voluntary furlough may be subject to voluntary recall and involuntary recall in accordance with paragraphs D.1. and D.4., below, during the term of his/her voluntary furlough.
k. Early Hardship Returns
A Flight Attendant who is on voluntary furlough may be allowed to return to work prior to the expiration date of his/her voluntary furlough due to personal hardship with Company and Union approval.
l. Impact on Medical Leave Maximum Duration
If the Flight Attendant is on medical leave at the time his/her voluntary furlough begins, such furlough shall not cause the five (5) year maximum continuous medical period to restart. It shall not, however, be counted as part of the medical leave.
m. Maintaining Qualifications
A Flight Attendant who is granted a voluntary furlough must maintain his/her Flight Attendant qualifications during the duration of his/her furlough unless unable to do so due to medical reasons or unless otherwise excused by the Company from maintaining his/her qualifications.
n. Effective Date of Voluntary Furloughs
(1) The Company shall establish the effective date of the voluntary furlough. Such effective date may be later than the effective date of the involuntary furlough.
(2) At its option, the Company may adjust the effective furlough date of a Flight Attendant who has been awarded or assigned a carry-over pattern that operates past the effective date of his/her voluntary furlough to the day following the completion of the pattern. If so, the expiration date of the voluntary furlough shall not be adjusted.
1. Involuntary Furlough
a. Applicability and Notification
(1) Involuntary furloughs shall only apply in the event the Company has determined that there is an excess of Flight Attendants in the system that requires a reduction in the Flight Attendant force. In such case, the steps outlined in Section 14.B. shall be followed by the Company to achieve that reduction in force. At the Company’s option, leaves of absence may also be granted.
(2) Any Flight Attendant who is to be involuntarily furloughed due to a reduction in force shall be given at least two (2) calendar weeks' notice of involuntary furlough or, at the Company's option, thirty-seven hours and thirty minutes (37:30) of pay in lieu of such notice, provided, however, that when such involuntary furlough is caused by an Act of God, work stoppage by an NWA employee group or other circumstances over which the Company does not have control, the Flight Attendant may be involuntarily furloughed without advance notice or payment in lieu thereof.
b. Effective Date of Involuntary Furlough
(1) When No Advance Notice Required
In situations not requiring advance notice of involuntary furlough, the effective date of such involuntary furlough shall be the date specified on the Notice of Involuntary Furlough, which date shall be no earlier than the date such notice is mailed.
(2) When Advance Notice Required
In situations requiring two (2) weeks notice of involuntary furlough, the effective date of such involuntary furlough shall be the date specified on the Notice of Involuntary Furlough, which date shall be no earlier than two (2) weeks after the date such notice is mailed.
c. Method of Notice of Involuntary Furlough of Flight Attendants
(1) Notice in All Flight Attendant Mailboxes
When it is known there shall be a reduction in the number of Flight Attendant positions at a base station, the Company shall notify Flight Attendants via Company electronic mail and shall place in each Flight Attendant's mailbox a notice concerning such reduction. Such notice shall specify the seniority number of the most junior Flight Attendant not involuntarily furloughed or not to be involuntarily furloughed and of the most senior Flight Attendant involuntarily furloughed or to be involuntarily furloughed at each base.
(2) Notice to Union
A copy of the reduction notice shall be mailed to the Union office at the time of posting.
(3) Message on Company and Union Code-A-Phones
In addition, the Company shall record such information on the code-a-phones within Inflight Services and the Union shall record such information on its code-a-phones.
(4) Posted on Inflight Services Bulletin Boards
Such notice shall be posted on the bulletin board within Inflight Services at all base stations at the time such notice is placed in the Company’s designated automated system.
(5) Notice of Affected Flight Attendants While on Duty Away from Base
In situations not requiring advance notice of involuntary furlough, if the Flight Attendant to be notified of involuntary furlough is scheduled to be on duty away from his/her base station on the date of issuance of the Notice of Involuntary Furlough, in addition to mailing a copy of the Notice to the Flight Attendant’s last known address, the Company shall send such notice to appropriate personnel at the appropriate location for delivery to the Flight Attendant.d. Expenses When Furloughed While Away from Base
In the event a Flight Attendant is involuntarily furloughed while on duty away from his/her base station, he/she shall accrue expense money at a rate equal to the per diem benefits provided in Section 4.D. of this Agreement and shall be provided with lodging on the same basis as described in Section 4.A. of this Agreement until he/she has returned to his/her base or would have returned to his/her base had he/she accepted transportation provided by the Company. In order to qualify for such assistance, the involuntarily furloughed Flight Attendant must advise local station personnel of where he/she can be contacted.
e. Pay When Furloughed While Away from Base
In the event a Flight Attendant has not been returned to his/her base station or would not have been returned to his/her base station had he/she accepted transportation provided by the Company within seventy-two hours (72:00) (one hundred twenty hours (120:00) for Flight Attendants involuntarily furloughed while at an international layover station) after 2400 on the effective date of his/her involuntary furlough (i.e., date issued), he/she shall receive an amount equal to his/her daily base pay for each day after the effective day of his/her involuntary furlough and the date he/she was or would have been returned to his/her base station by the Company. During the period set forth above, the Flight Attendant shall be subject to immediate recall to service.
f. Order of Reduction in Force
When it becomes necessary to reduce the working force at any base station, system seniority shall govern the order of reduction in force at such base station, subject to, however, the provisions of paragraph B., above, regarding voluntary furloughs.
g. Option to Accept Base Furlough or Exercise Seniority
A Flight Attendant who is issued a Notice of Involuntary Furlough due to a reduction in force at his/her base or displaced by a senior Flight Attendant shall have seven (7) days from the date the Notice of Involuntary Furlough or Notice of Possible Displacement was mailed to advise the Company, in the manner set forth by the Company in the notice, which option he/she selects. The Flight Attendant’s options are as follows:
(1) When Advance Notice is Required
(a) The Flight Attendant may opt in writing to be placed on involuntary furlough status at the location where based at the time of receipt of the original Notice of Involuntary Furlough or Notice of Displacement. The Flight Attendant shall commence involuntary furlough status at his/her base on the date specified in the original Notice of Involuntary Furlough or Notice of Displacement.
(b) The Flight Attendant may opt in writing to fill a permanent vacancy at another base in the system or to displace a Flight Attendant with less system seniority at another base station. The Flight Attendant shall report for duty at the new base on the date of furlough specified in the original Notice.
NOTE 1: If there are multiple involuntarily furloughed Flight Attendants and/or Flight Attendants subject to displacement who are eligible and choose to exercise their seniority to displace a junior Flight Attendant in the system, or to fill a vacancy, such options shall be awarded in system seniority order.
NOTE 2: If an involuntarily furloughed Flight Attendant or a Flight Attendant who is displaced does not opt to or is unable to fill a vacancy or displace the junior Flight Attendant in the system, his/her status shall be converted to an involuntary furlough. The effective date of furlough shall be the date specified in the original Notice.
(2) When Advance Notice is Not Required
A Flight Attendant who is subject to involuntary furlough or displacement without advance notice shall have the same options as listed in subparagraph B.2.g., above, except that such Flight Attendant shall report for duty at the new base three (3) calendar days after having advised Inflight Services that he/she has chosen to exercise seniority to another base, or within sixty hours (60:00) following return to base, whichever is later.
h. Base Furlough Status
If a Flight Attendant lacks sufficient system seniority to displace a junior Flight Attendant at another base, or fails to properly notify the Company that he/she does exercise his/her seniority to fill a permanent vacancy or displace a junior Flight Attendant at another base, or fails to properly report to his/her new base, he/she shall be considered as being on involuntary base furlough status on the date specified in the Notice of Involuntary Furlough or Notice of Displacement.
i. Extension of Time Limits
All time limits specified in paragraph B.2.g., above, may be extended upon mutual agreement of the Flight Attendant and the Vice President Inflight Services, or his/her designee, and all effective dates may also be so altered. When such an extension is mutually agreed upon, the MEC President, or his/her designee, shall be notified of such agreement in writing.
j. Request to Return to Former Base
A Flight Attendant who was subject to involuntary furlough or to displacement, who has exercised seniority to fill a permanent vacancy or displace a junior Flight Attendant at another base, shall be automatically deemed to have filed a Request to Return to Former Base in accordance with the procedures of paragraph D.2.e.(2), below. Such Flight Attendant has the option to cancel such deemed request. (See paragraph D.2.e., below, for complete procedures in the case of Request to Return to Former Base).
f. Transfer Expenses
Any transfer as the result of the exercise of seniority to another base after having been involuntarily furloughed or displaced shall be considered involuntary for the purposes of determining responsibility for transfer expenses. Any transfer as a result of subsequent return to the base from which involuntarily furloughed or displaced as a result of a Request to Return to Former Base shall be deemed a voluntary transfer. All expenses in conjunction with such voluntary transfer(s) shall be the sole responsibility of the Flight Attendant.
g. Carry-over Patterns
At its option, the Company may adjust the effective furlough date of a Flight Attendant who has been awarded or assigned a carry-over pattern that operates past the effective date of his/her involuntary furlough to the day following the completion of the pattern. Such change shall not affect the effective furlough date of any other Flight Attendant.
C. Reduction in Force – Base Excess
Following are the steps the Company shall follow when it becomes necessary for a reduction in the Flight Attendant force at a base due to an excess of Flight Attendants at that base, when there is not an excess of Flight Attendants in the system:
1. Notice of Displacement
Any Flight Attendant who is to be displaced from his/her base due to a reduction in force at a base, when there is not an excess of Flight Attendants in the system, shall be given at least two (2) calendar weeks notice of displacement via a Notice of Displacement. Such notice shall be made by certified mail or other means of confirmed message delivery to the Flight Attendants home address or the Flight Attendant.
2. Effective Date
The effective date of such displacements shall be the date specified on the Notice of Displacement, which date shall be no earlier than two (2) weeks after the date such notice is mailed.
3. Notice of Reduction in Base Force
a. Notice to All Flight Attendants
When it is known there will be a reduction in the number of Flight Attendant positions at a base station, the Company shall notify Flight Attendants via Company electronic mail and shall place in each Flight Attendant's mailbox a notice concerning such reduction. Such notice shall specify the seniority number of the most junior Flight Attendant at the base not subject to displacement and of the most senior Flight Attendant at the base subject to displacement.
b. Notice to UnionA copy of the base reduction notice shall be mailed to the Union office at the time of posting.
c. Message on Company and Union Code-A-Phones
The Company shall record such information on the code-a-phones within Inflight Services and the Union shall record such information on its code-a-phones.
d. Posted on Inflight Services Bulletin Boards
Such notice shall be posted on the bulletin board within Inflight Services at all base stations, at the time such notice is placed in the Company’s designated automated system.
4. Option to Fill Vacancy or Exercise Seniority
A Flight Attendant who is issued a Notice of Displacement due to a reduction in force at his/her base or displaced by a senior Flight Attendant shall have seven (7) days from the date the Notice of Displacement was mailed to advise the Company, in the manner set forth by the Company in the notice, which option he/she selects. The Flight Attendant’s options are as follows:
a. Opt in writing to fill a permanent vacancy at another base in the system; or
b. Displace a Flight Attendant with less system seniority at another base station and he/she shall report for duty at the new base on the date of displacement specified in the original Notice.
NOTE: If there are multiple Flight Attendants subject to displacement who are eligible and choose to exercise their seniority to displace junior Flight Attendants in the system, or to fill vacancies, such options shall be awarded in system seniority order.
4. Base Furlough Option Not Available
a. The option to accept base furlough shall be available only to the extent that there is a system overage of Flight Attendants, and insofar as the granting of such base furloughs shall not require the Company to hire new Flight Attendants.
b. When the option to accept base furlough is not available, the Company shall identify vacancies elsewhere in the system to allow for all Flight Attendants subject to involuntary furlough from their base to fill a vacant position. Under such circumstances, a Flight Attendant who elects not to transfer to one of the open positions or avail himself/herself of his/her displacement rights, including a failure to respond to the Notice of Displacement by the deadline date, shall be deemed to have voluntarily resigned and shall forfeit all seniority and recall rights.
5. Determination of Flight Attendant Shortage or Excess
For purposes of Sections 12 and 14 of this Agreement, the Company shall determine whether there is a shortage or excess of Flight Attendants within the system and whether a specific base has a shortage (vacancies) or an excess of Flight Attendants.
6. Extension of Time Limits
All time limits specified in this paragraph C. may be extended upon mutual agreement of the Flight Attendant and the Vice President Inflight Services, or his/her designee, and all effective dates may also be so altered. When such an extension is mutually agreed upon, the MEC President, or his/her designee, shall be notified of such agreement in writing.
7. Request to Return to Former Base
A Flight Attendant who was subject to involuntary furlough or to displacement, who has exercised seniority to fill a permanent vacancy or displace a junior Flight Attendant at another base, shall be automatically deemed to have filed a Request to Return to Former Base in accordance with the procedures of paragraph D.2.e.(2), below. Such Flight Attendant has the option to cancel such deemed request. (See paragraph D.2.e., below, for complete procedures in the case of Request to Return to Former Base).
8. Transfer Expenses
Any transfer as the result of the exercise of seniority to another base after having been displaced shall be considered involuntary for the purposes of determining responsibility for transfer expenses. Any transfer as a result of subsequent return to the base from which displaced as a result of a Request to Return to Former Base shall be deemed a voluntary transfer. All expenses in conjunction with such voluntary transfer(s) shall be the sole responsibility of the Flight Attendant.
9. Carry-over Patterns
At its option, the Company may adjust the effective displacement date of a Flight Attendant who has been awarded or assigned a carry-over pattern that operates past the effective date of his/her displacement to the day following the completion of the pattern. Such change shall not affect the effective displacement date of any other Flight Attendant.
D. Recall and Return to Base
Flight Attendants shall only be recalled when the Company has determined that there is a shortage of Flight Attendants in the system and that permanent vacancies are available.
Subject to the provisions of paragraph E., below, Flight Attendants who have been voluntarily or involuntarily furloughed, or displaced from their bases, shall be recalled and returned to their base in the order established in Section 12.A.2. of this Agreement and in accordance with the procedures set forth in this paragraph D.
1. Voluntary Recall of Flight Attendants on Voluntary Furlough from the Base at which the Permanent Vacancy Exists
In the case of permanent vacancies to be filled pursuant to Section 12.A.2.a. of this Agreement, the following procedures shall apply:
a. Notice
(1) Notice of Voluntary Recall from Voluntary Furlough shall be made by attempted telephone contact, certified mail or other means of confirmed message delivery to the Flight Attendant’s home address or to the Flight Attendant. A Flight Attendant shall have seven (7) days from the date the Notice was mailed to respond to the Company, in the manner set forth by the Company in the Notice.
The Company may make the Flight Attendant’s recall contingent upon how many Flight Attendants accept voluntary recall. If more Flight Attendants accept recall than there are available positions, the Company shall award the available positions in seniority order to those who have accepted recall.
a. Declining Voluntary Recall
A Flight Attendant may decline voluntary recall to the vacancy identified in the Notice on a one (1) time basis during his/her voluntary furlough. A Flight Attendant who fails to respond within the seven (7) day period described above shall be deemed to have declined voluntary recall, shall remain on voluntary furlough and the Company shall so notify the Flight Attendant by certified mail or other means of confirmed message delivery to the Flight Attendants home address or to the Flight Attendant. Such Flight Attendant shall, thereafter, be recalled only as part of the recall process outlined in paragraph D.4., below, Involuntary Recall of Flight Attendants on Voluntary Furlough.
NOTE: A Flight Attendant on voluntary furlough may submit a request via CENTRY that he/she be by passed during a voluntary recall. Such request must be received prior to the date a second (2nd) voluntary recall notice being issued to be considered.
b. Accepting Voluntary Recall
(1) A Flight Attendant who accepts voluntary recall from voluntary furlough shall report for duty on the date specified in the Notice, which date shall not be less than twenty (20) calendar days from the date of issuance of such notice. In the case that the contingency recall process described in subparagraph 1.a.(2), above, has been applied, this twenty (20) day period shall start with the date that furloughed Flight Attendants are sent notice of actual recall.
(2) Acceptance of voluntary recall from voluntary furlough shall be final and binding. A Flight Attendant who has accepted voluntary recall from voluntary furlough but who fails to report as specified in the Notice shall be deemed to have voluntarily resigned and shall forfeit all seniority and recall rights.
2. Voluntary Recall of Flight Attendants on Involuntary Furlough and Right of Return of Displaced Flight Attendants with valid Requests to Return to Former Base on file
This paragraph shall be applied, in system seniority order, to Flight Attendants on involuntary furlough, regardless of base, and displaced Flight Attendants, up to the number of permanent vacancies at each base, who have a valid Request to Return to Former Base on file.
In the case of permanent vacancies to be filled pursuant to Section 12.A.2.b. of this Agreement, the following procedures shall apply:
a. The Company shall create a merged list, in seniority order, of:
(1) All Flight Attendants who are on involuntary furlough, regardless of base, who have elected the base(s) having permanent vacancies on their Base Recall Preference Form, and
(2) Displaced Flight Attendants with a valid Request to Return to Former Base on file for the base(s) having permanent vacancies.
b. Permanent vacancies at a base shall be offered, in seniority order, to the Flight Attendants whose names appear on such merged list for the base at which the vacancies exist.
c. Flight Attendants who are eligible to be offered such permanent vacancies shall be notified of the offer by either a Notice of Voluntary Recall from Involuntary Furlough or a Notice of Right to Return to Former Base, whichever is applicable.
d. Procedure in the Case of Voluntary Recall from Involuntary Furlough
(1) A Flight Attendant on involuntary furlough who desires not to be recalled to a vacancy at a particular base(s), shall so inform the Company by submitting a Base Recall Preference Form which identifies the base(s) to which he/she does not desire to be voluntarily recalled. Such Base Recall Preference Forms:
(a) Shall be available at the Inflight Services office at each base;
(b) Shall be submitted to the Vice President Inflight Services, or his/her designee;
(c) Shall be effective at 0001 the day after the day received;
(d) May be submitted or changed at any time while the Flight Attendant is on involuntary furlough, and shall remain effective while the Flight Attendant is on involuntary furlough, until changed or cancelled.
(e) An involuntarily furloughed Flight Attendant who fails to submit a Base Recall Preference Form shall be presumed to wish to return only to his/her base.
(2) Notice of Voluntary Recall from Involuntary Furlough shall be made by attempted telephone contact and certified mail or other means of confirmed message delivery to the Flight Attendant’s home address or to the Flight Attendant. A Flight Attendant shall have seven (7) days from the date the Notice was mailed to respond to the Company, in the manner set forth by the Company in the Notice.
(3) The Company may make a Flight Attendant’s recall contingent upon how many Flight Attendants accept voluntary recall. If more Flight Attendants accept recall than there are available positions, the Company shall then award the available positions, in seniority order, to those who accepted recall.
(1) A Flight Attendant may decline recall to the vacancy identified in the Notice of Voluntary Recall from Involuntary Furlough. The consequences of such a decline are as follows:
(a) A Flight Attendant who declines voluntary recall from involuntary furlough shall remain on involuntary furlough.
(b) Once a Flight Attendant has declined voluntary recall from involuntary furlough he/she loses the opportunity for voluntary recall. Such Flight Attendant shall be subject to recall from involuntary furlough only in accordance with the involuntary recall from involuntary furlough procedures of paragraph D.3., below.
(2) A Flight Attendant who fails to respond to a Notice of Voluntary Recall from Involuntary Furlough as provided above, within the seven (7) day period set forth in subparagraph 2.d.(2), above, shall be deemed to have voluntarily resigned and shall forfeit all seniority and recall rights.
(3) A Flight Attendant who accepts voluntary recall from involuntary furlough shall be deemed to have voluntarily transferred to the base station identified in the Notice of Voluntary Recall from Involuntary Furlough.
(4) A Flight Attendant who accepts voluntary recall from involuntary furlough shall report for duty on the date specified in the Notice of Voluntary Recall from Involuntary Furlough, which date shall not be less than twenty (20) calendar days after the date of issuance of the Notice of Voluntary Recall from Involuntary Furlough. In the case that the contingency recall process described in subparagraph 2.d.(3), above, has been applied, this twenty (20) day period shall start with the date that furloughed Flight Attendants are sent notice of actual recall.
(5) A Flight Attendant who accepts voluntary recall from involuntary furlough to a base station other than that to which assigned at the time of involuntary furlough shall be automatically deemed to have filed a Request to Return to Former Base to such last assigned base station, in accordance with subparagraph 2.e., below, unless he/she could have been recalled to that last assigned base station, but declined to based on the preferences indicated on his/her Base Recall Preference Form.
(6) Acceptance of voluntary recall from involuntary furlough shall be final and binding. A Flight Attendant who has accepted voluntary recall from involuntary furlough but who fails to report as specified in the Notice shall be deemed to have voluntarily resigned and shall forfeit all seniority and recall rights.
e. Procedure in the Case of Return to Former Base
(1) A Flight Attendant who is not on furlough shall automatically be deemed to have filed a Request to Return to Former Base provided:
(a) He/She has been involuntarily assigned to a base station in accordance with Section 12.D. of this Agreement; or
(b) He/She has displaced a junior Flight Attendant in accordance with paragraph B.2.g.(1)(b) or C.4.b., above; or
(c) He/She has been voluntarily or involuntarily recalled from involuntary furlough at a base station other than the base station to which assigned prior to furlough.
(2) A Flight Attendant with a Right to Return to Former Base shall be given Notice of Right to Return to Former Base by means of attempted telephone contact and certified mail or other means of confirmed message delivery to the Flight Attendant’s home address or to the Flight Attendant. Such Flight Attendant shall have seven (7) days from the date the Notice is mailed to respond to the Company, in a manner set forth by the Company in the Notice.
(3) The Company may make a Flight Attendant’s recall contingent upon how many Flight Attendants accept voluntary recall and/or return to former base. If more Flight Attendants accept recall and/or return to former base than there are available positions, the Company shall then award the available positions, in seniority order, to those who accepted recall and/or return to former base.
(4) A Flight Attendant who fails to respond shall be deemed to have declined such right.
(5) A decline of the right to return to former base or cancellation of a Request for Return to Former Base shall result in forfeiture of return rights to that base station.
(6) A Flight Attendant who accepts a right to return to former base under this subparagraph D.2.e., above, shall be deemed to have voluntarily transferred.
(7) When a right to return to former base is offered on or prior to the fifteenth (15th) of the month, the effective date of transfer shall be the first (1st) day of the following month. When a right to return to former base is offered after the fifteenth (15th) of the month, the effective date of transfer shall be the first (1st) day of the second (2nd) month. In the case that the contingency recall process described in subparagraph 2.e.(3), above, has been applied, the offer shall be considered as having been made on the date that the Flight Attendants are sent notice of return to base.
(8) Flight Attendants with a Request for Return to Former Base on file shall have the option to cancel his/her Request for Return to Former Base through CENTRY or other Company designated automated system.(9) Flight Attendants with a Request for Return to Former Base on file shall have the option to have his/her Request for Return to Former Base processed as a mutual transfer pursuant to Section 12.G., provided:
(a) Such request is submitted through CENTRY or other Company designated automated system. Such request shall become valid at 0001 of the day following submission.
(b) Such request has not been subsequently cancelled by the Flight Attendant through CENTRY or other Company designated automated system.
(c) Such request shall result in the Flight Attendant forfeiting his/her right to decline the offer of Return to Former base and the transfer shall be final and binding.
(10) Acceptance of a right to return to former base shall be final and binding.
(11) An eligible Flight Attendant may submit a Request to Return to Former Base to one (1) or more base stations.
(12) Should it become necessary to have offers of recall or right of return to former base in more than one (1) offer (round) for a single recall date, the Company shall, for each round after the first (1st), fill vacancies according to the following procedure:
(a) The Company shall identify those Flight Attendants who were offered a recall to a base other than their first (1st) choice due to seniority in the most recent round for that recall date;
(b) The Company shall identify those Flight Attendants who were not offered a right of return to former base due to seniority in the most recent round for that recall date;
The Company shall begin processing awards for the next round for that recall at the most senior person identified in subparagraphs (12)(a) and (12)(b), above, and begin filling vacancies according to Base Recall Preference Forms and Right of Return to Former Base using that person as a starting point and continuing in seniority order in accordance with paragraph D.2., above.
3. Involuntary Recall of Flight Attendants on Involuntary Furlough
In the case of permanent vacancies to be filled pursuant to Section 12.A.2.d. of this Agreement, the following procedures shall apply:
a. Flight Attendants on involuntary furlough shall be advised, in reverse system seniority order, of their involuntary recall, by attempted telephone contact and certified mail or other means of confirmed message delivery to the Flight Attendant’s home address or the Flight Attendant. Such Flight Attendants shall have seven (7) days from the date the Notice is mailed to respond to the Company, in the manner set forth by the Company in the Notice.
b. The Company may make a Flight Attendant’s recall contingent upon how many Flight Attendants accept involuntary recall. If more Flight Attendants accept recall than there are available positions, the Company shall then award the available positions, in reverse seniority order, to those who accepted recall.
c. A Flight Attendant who declines or fails to respond to a Notice of Involuntary Recall from Involuntary Furlough Notice within such seven (7) day period shall be deemed to have voluntarily resigned and shall forfeit all seniority and recall rights.
d. A Flight Attendant who accepts involuntary recall from involuntary furlough shall be deemed to have involuntarily transferred if recalled to a base station other than that to which assigned immediately prior to being involuntarily furloughed.
e. A Flight Attendant who accepts involuntary recall from involuntary furlough must report for duty on or before the date specified in the Notice of Involuntary Recall from Involuntary Furlough, which shall not be less than twenty (20) calendar days after the date of issuance of such notice. In the case that the contingency recall process described in subparagraph 3.b., above, has been applied, this twenty (20) day period shall start with the date that furloughed Flight Attendants are sent notice of actual recall.
f. A Flight Attendant who accepts involuntary recall from involuntary furlough to a base station other than that to which assigned at the time of involuntary furlough, may submit a Request to Return to Former Base to such last assigned base station.
g. Should it become necessary to have offers of recall/right of return to former base in more than one (1) offer (round) for a single recall date, the Company shall, for each round after the first (1st), fill vacancies according to the following procedure:
(1) The Company shall identify those Flight Attendants who were offered a recall to a base other than their first (1st) choice due to seniority in the most recent round for that recall date;
(2) The Company shall identify those Flight Attendants who were not offered a right of return to former base due to seniority in the most recent round for that recall date;(3) The Company shall begin processing awards for the next round for that recall at the most senior person identified in subparagraphs g.(1) and g.(2), above, and begin filling vacancies according to Base Recall Preference Forms and Right of Return to Former Base using that person as a starting point and continuing in seniority order in accordance with paragraph D.2., above.
4. Involuntary Recall of Flight Attendants on Voluntary Furlough
In the case of permanent vacancies at a base to be filled in accordance with Section 12.A.2.e. of this Agreement, the following procedures shall apply:
a. The Company shall send by certified mail, or other means of confirmed delivery to the Flight Attendant’s home address or to the Flight Attendant, Notices of Involuntary Recall from Voluntary Furlough, to Flight Attendants remaining on voluntary furlough from the base at which such vacancies exist, in reverse seniority order. Attempted telephone contact shall also be made.
b. A Flight Attendant to whom a Notice of Involuntary Recall from Voluntary Furlough is sent shall have seven (7) days from the date the Notice was mailed to respond to the Company, in the manner set forth by the Company in the Notice. A Flight Attendant who declines or fails to respond within the seven (7) day period shall be deemed to have voluntarily resigned, and shall forfeit all seniority and recall rights.
c. A Flight Attendant who accepts involuntary recall from voluntary furlough shall report for duty on the date specified in the Notice which shall not be less than twenty (20) days after the date of issuance of the Notice. A Flight Attendant who fails to report as specified in such notice shall be deemed to have voluntarily resigned and shall forfeit all seniority and recall rights.
5. Filling of Temporary Vacancies
Temporary Vacancies as defined in Section 12.B.2. shall be filled in accordance with paragraph D. of this Section except that subparagraphs D.1.b., D.2.d.(4)(b) and D.2.e.(5) shall not apply.
E. Recall and Return to Base Following Furloughs Due to Act of God, Work Stoppage by an NWA Employee Group or other Circumstances over which the Company does Not have Control
Notwithstanding the provisions of paragraph D., above, in the event that Flight Attendants have been involuntarily furloughed or displaced from their bases for a period of thirty (30) days or less due to an Act of God, work stoppage by an NWA employee group or other circumstances over which the Company does not have control, the Company shall recall Flight Attendants on involuntary furlough and return displaced Flight Attendants to their former bases in accordance with the procedures set forth in this paragraph E.
1. For each base station, the Company shall create a merged list, in seniority order, of Flight Attendants who are on involuntary furlough from that base and displaced Flight Attendants with valid Requests to Return to Former Base on file for that base.
2. Permanent vacancies at a base shall be offered, in seniority order, to the Flight Attendants whose names appear on such merged list for the base at which the vacancies exist, as follows:
a. Flight Attendants on involuntary furlough from that base shall be given notice of a firm date of recall by telephone, letter or other means of confirmed message delivery sent to the last address on file with the Company.
(1) In order to properly respond to recall a Flight Attendant must personally advise his/her base Inflight Services office of his/her intent to return giving a firm return date within the time limits set forth below after having received notice of a firm date of recall by telephone, letter or other means of confirmed message delivery sent to the last address on file. A recall by telephone shall include a follow-up written notice mailed on the date of the telephone contact:
Number Of Days On Layoff |
Maximum Time To Respond To Recall |
15 days or less |
48 hours |
16-30 days |
96 hours |
31 days or more |
7 days |
(2) In order to properly return to service a Flight Attendant must report for duty on or before the date specified in the Notice of Recall, which date shall not be less than the following number of calendar days after the date of issuance of the Notice of Recall:
Number Of Days On Layoff |
Number of Days After |
15 days or less |
5 days |
16-30 days |
7 days |
31 days of more |
20 days |
(3) Flight Attendants on involuntary furlough status shall forfeit their recall rights, forfeit all seniority and be deemed to have voluntarily resigned from the Company if they fail to respond to recall or fail to return to service.
b. Flight Attendants not on involuntary furlough who have been displaced from their bases and have valid Requests to Return to Former Base on file, as provided under paragraph D.2.e., above, shall be given notice of their right to return to former base in accordance with the procedures of paragraph D.2.e. and their rights and obligations concerning return shall be governed by the provisions contained in paragraph D.2.e.
F. Base Closure
1. The Company shall provide written notification to all Flight Attendants in the event of a base closure. Such notice must be given as soon as the decision to close the base has been made but in no case less than sixty (60) days prior to the date of the scheduled base closure.
2. In the event a base is closed, the affected Flight Attendants shall, within twenty (20) days following the mailing of written notice of the closing of the base, be permitted to exercise his/her seniority to fill a permanent vacancy at another base in the system. If there isn’t a permanent vacancy at another base in the system, he/she shall be permitted to exercise his/her seniority to displace the most junior Flight Attendant in the system. Such transfer shall be considered involuntary for the purposes of determining responsibility for transfer expenses. The effective date of such transfer shall be the date of base closure.
NOTE 1: If there are multiple Flight Attendants at the closed base who choose to exercise their seniority, the choice of bases associated with this displacement process shall be awarded in seniority order among the Flight Attendants at the closed base and the Flight Attendants subject to displacement at other bases in the system.
NOTE 2: If there is an excess of Flight Attendants in the system, a Flight Attendant at the closed base or a Flight Attendant subject to displacement who fails to exercise his/her option to fill a vacancy or displace a junior Flight Attendant in the system, his/her status shall be converted to an involuntary furlough.
NOTE 3: If there is not an excess of Flight Attendants in the system, a Flight Attendant at the closed base or a Flight Attendant subject to displacement who fails to exercise his/her option to fill a vacancy or displace a junior Flight Attendant in the system, shall be considered to have voluntarily resigned from the Company and shall forfeit all seniority. Such Flight Attendant shall not have an option of base furlough.
1. A Flight Attendant who is on furlough or long term leave of absence from a base at the time such base is closed, shall be deemed to have involuntarily transferred if he/she is recalled in accordance with paragraphs D.2. and D.3., above. The affected Flight Attendant may, within twenty (20) days following receipt of written notice of the closing of the base, opt to exercise his/her seniority to fill a permanent vacancy at another base, or if such a vacancy is not available, to displace a junior Flight Attendant in the system.
F. Current Address
IT IS THE SOLE RESPONSIBILITY OF EACH FLIGHT ATTENDANT TO KEEP ON FILE IN THE COMPANY’S ACCESS SYSTEM AND WITH THE UNION OFFICE THE FLIGHT ATTENDANT'S CURRENT ADDRESS AND TELEPHONE NUMBER AND TO IMMEDIATELY NOTIFY BOTH IN WRITING OF ANY CHANGE IN ADDRESS OR TELEPHONE NUMBER. The Company shall have no obligation to issue Notice of Recall or Notice of Expiration of Voluntary Furlough to a Flight Attendant at other than the last address and telephone number on file in the Company’s ACCESS system at the time the Notice is issued. The Company shall have no liability to a Flight Attendant who is passed over for recall, or terminated under paragraphs B.1.i., D.1.b., D.1.c.(2), D.2.d.(5), D.2.d.(9), D.3.c., D.4.b., D.4.c., E.2.a.(3) and F.2.NOTE 3, above, as a result of the Flight Attendant's failure to meet his/her responsibility under this paragraph G.
G. Maximum Length of Furlough
Flight Attendants furloughed due to a reduction in force, on return to duty, shall be allowed, for seniority purposes, all time accrued prior to such furlough and shall continue to accrue seniority during the period of furlough. All such furloughs shall expire at the end of sixty (60) months from the effective date of furlough. Flight Attendants not returned to service by that date shall be terminated from the service of the Company.