Transcript of Record — Transcontinental & Western Air, Inc. v. Koppal

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“BYPREME COURT. U,§. hls Big:

TRANSCRIPT OF RECORD —

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a Supreme Court of the United States

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oe ao OCTOBER TERM, 1952 ee

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No. 509.

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' “PRANSCO ONTINENTAL & WESTERN AIR, INC.

PETITIONER,

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“© ‘ ~

JOSEPH H. KOPPAL

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’ ON WRAL OF CERTIORARI TO THE of reap STATES Cav RT OF APP E ALS

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FILED DECEMBER I53, 1952.

- CERTIORARI GRANTED FEBRUARY 9, 1953

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‘SUPREME COURT OF THE ‘UNITED STATES *

Dae S " OCTOBER TERM, 1952

ep

TRAN ‘SCONTINENTAL, AND WESTERN -AIR, INC,

sie PETITIONER, eee

ee

. JOSEPH H. KOPPAL

“ 7 ae 7"

Be ° .

on’ PETIT ION FOR A WRIT OF CERTIORARI TO THE ons STATES

“COURT OF: APPEALS FOR THE EIGHTIT CIRCUIT .

-@ . INDEX ae ah 3

fe rt . Original Print

Recdrd from the US.D.C., Western Missouri aad Y 1

NONE Sc cp. ackves vos au Eo ER PE Cooter ce

aaa os. : e ; ey. Ye 20 ae.

Interrogatories to ‘defendant a motion: to. produce ‘22 ’ 20

* Answers to interrogatories to defendant and motion to ‘

+. produce... .<..: , ee eat be he 27 23.

. Plaintiff's interrogatories to ‘defendant 32... Oo

Arters to plaintiff's interrogatories to de fendant’ \a ae 28

Pre- trial, order of the District € curt RA 38 -

-. Exhibits: ‘ fap

‘Plaintiff's - Exhibit “A’ (Agreement effective *

‘March 22, 1949, bekees n ‘Transcontinental &, se ee

. Western Air; ‘Ine., and The Mechanics.and re-

lated employ ees in.the service of said. Qimpany ¥

as represented by International Association of -

Machimsts _. % 41 ..: Hi

Defendant's EF, xhibit 1 Letter dated Seinen 9,

1949 from Pealie D. Myers, Manager of Overs

: haul to J. H. Koppel. ete 42 8S -

_ Defendant’s Exhibit 2—Communic ation dated No- :

‘vember 11, 1949 from J. H. Koppal to L. D. ee

Ae Mvers 43 SO

~ Defendant's Exhibit 3—E ant ee’s nutitic atrovof ~ | ¢ os

absence pa 44 0

‘

— - a

Iepp & Detweaver (Exe), Prinvers, Wasnineton, DO C,, Dae, 1,-1952.

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‘Record from the U.S.D.C:, Weatern Minesnsit- Continued

Ran eae “. INDEX 4

3 :

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(iyder allowine certiorari -

~~

epee im : : “Original

‘ Narrative of evidence é aaa - 45

Testimony of Betty Koppal” eae r ae 1)

oe 25) Joseph H: Koppal 49

Motion for directed verdict andl actio the ‘reon in)

Note re defendant's. testimony Me a:

‘Motion for direeted verdi¢t and agtion thereon . “2

Plaintiff's requested instructions 4’ Fs yao we a:

Court’s charge to jury : 65

Colloquy between Court and counsel * 5 sD

Verdict °... od 8)

Defendant's amotion. to have “he vente and judgment”

set-aside and to have » judgment.entered i in accordance

with its*motion ‘fora direct ed verdict and motion tor

‘ew’ trial 86

Order sustaining motion: for judgment ‘notwithstandin r fe

verdict and. for néew-trial 90

Notice of appeal | | ar be +

Appellant's designation of see | teen

. Appellee’s designation of r@ord 4 ic 95°

Order on motion for directed verdiet and ‘for a new: a

teal... id is CAS . 97

Filings—-Proceedings EAR” Veta Pear a es 105

Appellee’s supplement to record’. 0. Rae 109 -

Narrative of evidence ..,. eg eats 109.

Testimony of Betty. Koppal. | 109°

‘or Si Joseph Koppal Sy eee 110 |

7") Leslie Myers : - 134

; Charles E. Bowman 138 ©

Merle Hicklin | : 138

Joseph L. Wilsdn "139

ee ‘Edward Huff. ° 141

~~ : Carl G: Johnsen - 145

\ is “+. C.F. Woodling ag, ee

Edna L. Swink 149

Detendant’s trial brief ; 15]

» Proceeding’s in thet SC, A. Cireuit 153

Appearances ty ae 153

Order-of a BOER ; Py 14

Opinion, Johnsen, J. 155

_ Concurring opinion, Colet, & 169

Dissenting, opinion, Riddict ‘k, J, 169

Judgment PRE 3 ee

Petition for rehearing (omitted in printing) 176

Order denying petition for rehearing ISS

Matine tor star ast issuance of mandate 188

Ordey staying isquance of matdate ; TM *

Clerk’s certifie ate ae (omitted) in Asianipre: r) -191-

: 192

Print

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IN THE DISTRICT COURT OF THE UN TED STATES 7

FOR THE WESTERN DISTRICT MISSOURI,” it

WESTERN DIVISION see

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Behar sh Joutrs: H. Korrat,, r ‘Taintiff,

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TRANSCONTINENTAL aNd Western Air, INc., at corporation,

a ta’ Defendant. a ;

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4 PR tae etins Civil Case No. 6434 SUR Mite

(Plaintiff demands a trial by jury) ;

Complaint ‘Filed June 30, (1950

si’, now the plaintiff, and for his cause e of action, a, Com,

_- plains and states as follows:- .°.

1.-The sdrindletion: of this: Court is founded upon the

provisions of the Railway Labor Act of the United States,

‘Title 45 USCA Sections. 151-188, and because the plaintiff

is a resident of the State of-Kansas, the defendant a resi-

dent of the State of Delaware, and the amount in contro-

versy exceeds $3,000.00 exclusive of interests and costs.

; 2." Plaintiff states that at alf times mentioned herein the

_+ defendant: was a Delaware corporation and a common

varrier by air engaged in inter -state and foreign commerce,

and operated its airlines,.oices and shops in Kansas ‘ | “ity,

Missouri, within the Wyptern Division of the ésfprn |)

trict of*the District Court off this United States ior ihe

State of Missouri. eis

[fol.2] 3. Plaintiff further states ‘that he j isa vaihdais of

the State of Kansas, and that on or about the 8th day of

November, 1949, and for many yedrs prior thereto, Te was

employed ’ by the defendant as a master mec hanie in its

engine departn®nt, and that.on said date his status’ as an

-employee of the defendant was gove red by the terms of an

agreement between T ranscontinental’ And Western Air,

fon “the defendant herein, and the International Associa-

-tion of Machinists, hereinafter referred to as ‘‘said a&ree-

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ment,’ ' whic h Association was and is the legally designated

collective bargaining representati ve. for the class of em--

_ ploy ees to which plaintiff. belonged, and that the efféctive

“date of said agreeinent w as March2, 1949, plaintiff further -

states that on the 8th day of November, 1949, he was not a

member of the International Association of /Machinists, —

nor a party. to the aforesaid: agreement ; that on said date

the gelationship of the employer and ‘employe¢ between the

3 plaintiff and the defendant was governed by. ‘and was sub- _

ject fo, the provisions of the’ Railway Labor Act. (45 USCA

Sections 151-188), and that although plaintiff was not a

_ member of said International Association of M: achinists, |

the terms arid conditions of his employment were governed

hy the-aforesaid-agreement-by_and-—through the operation —

_of the aforesaid Railway Labor. Act. Plaintiff further -

states thit according to. the terms and provisions of said

agreement there are certain seniority, job and employment

rights vested in him, 6f which he-could not be deprived by

the defendant without just ¢ause or reason, due process of

law, and @mpliance with the ferms of said agreement. ‘The-

(fol. 3] particular terms and provisions of ‘said agreengnt

which vest seniority, ‘job and ~employment- Fights inthis

plaintiff. were and are as follows: .

; Article VI

. roa

(a) Definitions: . o

(1) System seniority ‘shall be eaiciaa as the lenath:

of service for which an employee receives credit, re-

gardless of loc ition, in any. of .the classifications

covered by this Agreement, with this Company or any

of its predec eSSOrs. The definition of system seniority

shall include ability to perform the required work of |

the job in a satisfactory manner, and except as heréin- -

after provided shall accrue from. the date of entering *

a classification On-a regular ‘assignment. System

seniority shall. be_ applicable only: to the mechanical

‘classifieations and only to Mechianies and: highe YT within

the mechanical classifications. ,

(2) Point seniority shall be defined as the length of

service for which an. employee receives credit in a

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$2 Petes BOING :

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| classifie atiom covered by thie Agreement, at a ‘point,

| and shall he:superior to systeni senigtity in’ making all

| determinations. .The definition of point seniority shall.

‘ | inelude, ability to perform’ the required work of the

. job in a satisfactory manner, and except as hereinafter:

' provided, ‘shall aeecrue from. the date of enfering a

oe classifi Mion at a point on a regular assignment.

() The ‘peinelpte- ‘of. seniority shall apply in the apolt.

cation of this Agreement. iti all reductions or incrpases of

fofve, preference of shift assignnfOnt, vacation peried

_ selection, in bidding f6r vacancies‘or new jobs, and in all

_ promotions, demotions, or transfers involving » classifica,

i

tons< COVE ted LA) this WET cement,

- (¢ ) Probationary Employees: ae

: [ae ees Will be considered’: as probationary employees.

for the first ninety (90) days ‘of their employment, and.

’ there shall be-“no responsibility on the, part of the. Com-

pany for the reemployment of probationary employees

if they dre discharged or laid off during this period.

—ffol-4}- If retained after the probationary period, the

: names of ‘sich employees: shall then be placed on the ap-.

. propriate seniority list as of their date of hire. *

mice. > ig, *. RIO.

- (da) Seniority Lists: ° <

* (1) Seniority fists, corrected. tos December 1 and

June 1 and prepared by the Company, shall be. fur-

ished. each Laval COmmittee and the General Chair- |

~man for the Union; and shall be. posted on bulletin

_ boards at each pdint en‘or hefore January 1 and July 1

® each year, Errors of omission -and typographical -

_. errors will be corrected currently with a copy furnished

the ‘General ( ‘hairman. Effective with the posting of .:

Stily, 1948, seniority lists, protest of seniority dates for

correction of dates or for addition or deletion of names

‘shall: be ‘open for a period of thirty (30) dayg from

' date of posting. All Snhsequent seniority lists shall

>-he opén to protest for a period of fifteen - (15) days

from date of posting, but if the seniority date ona

4 list is | not protested within the preseribed time limit

' &

after the initial appearance “of _Niame on a list, such.

d@te shall stand as correct ant official an all subse- - .

quent lists. Any employee on leave, on special assign- ©

. ment, .in a laid- ‘off. Status, on vacation, or on sick or

; injured: absence at the time of posting shall have a

period of fifteen (15) days-from the date of his return

to service to file a prétest , or the balance of the original

correction period, whichever is greater. - Except as

hereinafter provided in fiiragraphis (3), (4), (5), and

(6) below, if two {2) orm more employees within a

classification have the same seniority date, théir namies

will appear on ‘the seniority list in alphabetical order,

&

.. Will be grouped into four (4) “generat groups as set

‘forth below, with a separate seniority “list for each »—

classi fice 1tion—w ithin a group, and for the purpose of

computing and applying, seniority, it is understood that i

‘all Company operations within. any city or metropoli-

tan area shall be considered -as one point, except at:

Kansas City, where two (2) points wil continue to be

~~ “yecagnized for employees i in Group No. 2:

Group No.1: . eines Group No, 2

~ Lead Iaspector’ ‘ Receiving ‘Inspector

ifol.5] Inspeecter ~ + Lead Stotes ( ‘lerk

Lead Mechanic, “°° Stores Clerk “* ° A

Mechanic eat é : ;

Mechanie Heiper ie

‘Lead Ground Service: Helper :

Ground Service Helper | =.

~ Lead Fleet Service Helper - lee

»- Fleet Service Helper ¥

.Lead Janitor — ee ?

_ Janitor . : ¢

oO. ‘Group No.3 —. Group No. 4 |

Tead Commissary Clerk. © Lead Cargo Agent -

Commissary ‘lerk | Cargo Agent &

Conimissary Helper ee eaewme |

*

(:3) Employees covered by this Agreement who were

classified ‘as Mechanic, Senior Mechanic, Master Me-

-chanic, Lead Mechanic, Inspector, or Lead Inspector,

$ 2 ¢ +

. - . : .

- on. January <= 1946; shali° be credited with continuous

seniority as a Mechanic from the date their name first -.

appesred! omy the Company payroll as a Mechanic: or

higher classified employee. , This seiority date shall

he both their! system ‘senioxity date and. their point

s@hivrity date.as a Mechanic on all future rosters, un-

o less an individual has changed point location since

Febyuary: 16, 1946, in: which case the point seniority

date will fe the date of transfer to themew point. —

(4) Employees covered by, this Agreement who were —

classified as Lead Inspector, Inapector, or Lead Mes

chanie on May 15, 1946, -shall be credited with actugl |

days worked within the respective classifi@tions prior.

to February 16, 1946, and shall be creditéd. with con-

tinuous seniority within the respective classifi¢ations.

from the date their name again appeared on the Com-

> pany payroll in the classification. on a job not identified _

as ‘‘temporary’’ or “acting.” If, 4wo or*more me-—

_chanies -have éntered the classification ef Leak Me-

chanie .or bispector on the: same date, they will be

_ listed on the seniority. list for the higher classification

' in the same order as shown'on the Mechanic list. This.

seniority date shail -be both their system and point

seniority dat- within; the respective. classifications on

all futur’? rosters, ‘unless an individual has changed,

ass

point location since-February 16, 1946, in which. ~

{fot 6] case the point seniority. date will -be the date

of transfer to the new point. :

(5) Employees reclassified from — Aguecition Me:

chanic or Junior Mechanie during the year 1946 shall

continue: to have a seniority date of January 1, 1946,

-as a Mechanic on all future | ‘seniority: rosters in the

same order as indicated on thé 1947 seniority lists, un-

less an individual has changed point location since

January: 1, 1946, in-which case the point seniority date

- will be the date of, transfer.

> (6) Employees whe. were classified. as Apprentice

Mechanics at the time of entering the military or naval

“service of the United States prior to January i, 1946,

“upon return to Compants employment under the. pro-

Visions of par agraph (f), Article NIT, if subsequently ©

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‘

¢

Pe o he eats ‘a

i reclassified to Mechanic, shall he granted a - seniority’

date of Januare 1, 1946, as a Mechanics This’ seniority.

«late will not govern the,yay status of such employees

id uron reclassifieation they will start at the minimum

hourly: =rate- of a ‘Mechanic, and ‘theregfter be -subject

to automatic progression based on actual time spent in =

‘thé classification”. Mechanic Helper “Kyaipees in .the

service of the Conipany ‘on December ‘4i, 1948, in-: |

cluding those Trainées in active service and Trainees <-

in laid-off status, will be classified as Mechanic on and >.

after January 1, {949. "After reclassification to. Me- -.

chanie, T ‘ainees in the active service of thé Company

on Janvary 1, 1949, will be permitted to work one (1)

day aga Mechanic to establish seniority and theri-laid

if jobs are not available to which their seniority |

will entitlethem. ©... .; ; |

(7) No s@niority credit shall "be. trehefetradl -Fepmn’< |

‘one (1¥of {he above Groups to another @nder any con- (+

ditions, and all aterued seniority. within a-group shall

be canceled for an employee accepting transfer to

‘another group’ covered by this Agreement. The

‘ seniority status of an employee shall not ..be affected,; ~

however, if during a period of actual lay-off from a.

group, as a. tesult.of force reduction, he accepts em-

ploymeft within another: grouy> unless he refuses to

return, in.order of senidrity, when the force is again

. increased within his eriginal group and, classification.

.

[fol. 7] (ey ‘Less of Seniority: hac eons “6

An. employee wilk lose his wenigrity status and his name

will be removed from the : seniority; lists under the’ followi ing

conditions: _.

°

(1) He quits or resigns. "

(9). He ‘is discharged for just cause.

(3) He does no®inform the: Company in writing or.

by telegraph of his intention to returh to service within

seven (7)-days of receipt of a notice offering to re-

employ him after a lay-off. re

(4) He'does not return ra the service on or iatols

a “date specified in the notice from. the Company after

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a lay. off. which ‘date shall be not. prior to ifteen (15)

days after. sending such: notice; provide that sub-

divisions (3) and (4) of this ‘paragraph (e) shall not

apply to ‘offers of tempordr€ work. Any notice pre-

vided for in this paragraph (¢) shail be sent by Regis-.

‘tered Mail (return ‘receipt requested) ‘or. telegram. to~

the émploxee at the last address filed by hiny with the.

Industrial Relations Bepértrent. |

(5) He is absent three: {3}

co

utive wWork.days

without notifying the | OMPEDY, u eee

_—Feason. is given. .- gis: rs

(6) He fails to volte to work at. the erid of an.

authorized. leave of absence. re fe 2 ae

(7) He engages | in gainful edislovinent: while: on

BS ave of absence in y®lation af Article XIIT(e).

(8) dle is laid off and does not return.to work for a

period, of. two and one- half* years ‘after lay- off.

.(f) Loss of Classification Seniority: ne i

(1) Where employees at a. point ate’ accruing

- seniority in lower classifications \t-the sarhe point and»

_ are affected by, a, reduction in fo ce, they shall be re-~

quired fo immediately exercise-their seniority, in the

highest classification their “Seniority. will permit.

{fol. 8]. Failure to exercise senidrity. within a ‘classi-.

- fieation will cause ‘loss of. gl ea in the glass sification.

(2). Any. Lead > Inspector, Shispector, or Lead Me-

chanie laid off in a reduction in force at a point. ‘and

' _ accruing seniority ‘i lower classifications: at another

point will be, required to,exercise his seniority in ‘the

highest: posible. classification within ten (10) days

after actual lay-off.or his name will be stricken from

the seniority list of. the lower classifications’ in the: .

_ order of refusal to, exercise seniority. chy

(3) Any employee reduced from a classifi cation due

toca reduction in force and- refusing to aecept the first.

job open. in‘the higher classific cation for which he is

-qualified ‘at’ the: point where reduced shall have his

name removed tien the senidrity. list for that classi*

mit ‘ation at fhe point. r

6 a)

9

x

@) Reduction a: Increase of W ouliliad Force: -

ao

>

Th W Whenever the numbeét of employees in any

at << classification is reduced; the reduction shall be by

_ Gassifieations according to poittt seniority, and the

employee with least seniority in the classification will

‘be the first laid off... An employee displaced because

hae? of a reduction in foreé, may exercise point seniority .

*, ‘in placing: himself 6n the shift of lris:choice in any job

| for which he’is qualified. ¢In the event an employee i is <4

not qualified for any classification, he shaly be laid off. ,

(2) Ten. (10), work days’ notice or paytherefst, :

cat the Company’ s option, will be given employeese.

_ affected beforg a reduction is made, and a list of those

to. be laid off. will be furnished the Local Shop Commit-

_—— and the System General Chairman. . Where there

is temporarily no work ‘because of an Act ef God, cir:

cumstances over whi the Compayy has no contro % om

. or werk stoppages nd “strikes by. empleyees of the-

- Companys shall not be consic bed a nprmal reduction |

in forve and subject to this provision. = ——». Rae

(3) In the restoration of forces, seniority will apply

in the reverse order, ‘the senior qualified laid-off em- — .

lovee the classification to be returned first. “ Em-

a

yy

aPveas-luid eff in a force reduction will acerue all

classification seniority but shall only: accrue service

~ —eredit_ for pay. purposes’ up ‘to a maximum of thirty

" [fol: 9] (30) éflendar days after date of lay-off.

(4) It shaH®be the responsibility of each employee to

. file with the Industrial Relations Department df the

( ‘Ompany, and with the: System General Chairman .of — -

the Union a complete record of his qualifications for —

use fh makiyg g proper ‘determinations of an employ ee’s

_ abil) he , fatire exervise of seniority. oe

: "ase of demotion due to reduction ‘in

force, the eugployee demoted shail ¢ontinue to accrue

.* point sendqrity ‘in the classification from | which fle-

moted. )

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1. dne te a Se slosits disinacement, a, change

dual’ s days off, vacafion periods, or shift

becomes necessary, no natice vill he required. TLike-

Wise, in, the event Sas e is to be laid off.as a

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-s result uf | a senior employee exercising his ‘senjority in ‘ina

«bumping baék, no notice will ‘be required to the ems .

oPloyee affected, Se, Pee Garten, Fee.

» (7)°An employe ee reduced from a ‘classification shall °

not continue to accrue, servicez for pay purposes in the

higher classification from Which reduced, but upon re-

-+ turn to, the higher classification will be paid not less

ty than“the hourly rate applicable for previougly accrued -

«service: aoe 4

paramos 5 Emplagees laid: off on acceunt of a. rede tion _ ae

« force will-be given preference in: accordance with sys-

tem senjority at ‘other points on-the system. where "-

_¥acancies exist for which they are qualified, provided .

thaf.such. employ ees make application therefor, at the

time of lay off, with the- privilege of returning to their

home station when the force is increased aad they are

oe “entitled | to ‘he recalled. Any suelr transfers shall. be

-tnade without expense tothe Company; but free non-

positive -air transportation will be granted the em- ®

‘ployee and dependent members. of. hts family within

the continental limits of dpe United States, to: the ex.

- tent permitted by law. eee,

" (h) General: pees oat es

; D4 * :

(1) Employees cateotian temporary irasafers £0 .

such jobs as may be agreed upon by the Company and’

. the is fer a.persdd not to’ exceed three- (3).

months or any. extension thereof that thay: be agreed |

{fol. 10] upon, and employees accepting promotion to®

9

-aictual-supervisory: positions will continue to accrue ——

seniority in the classification at the point from which.

transferred of proenioted.

*, *(2) When anemployee goes. to a higher: classification

within: a Group, he. shall -eontinue’™:to ‘accrue point

seniority in jhe lower classification at the point: from.

which promoted. This shiall not apply to employees

in, classifications below Mec ‘hanje in G troup No. 1.

(3) Mechanic eee ee govern in determining

successful bidders for Lead: Mee liamie or Laspector.

* Enspee tor énior ‘ity will govern in moving inte the Lead —

Inspector eclassificatien and when Inspectors are not.

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ee es available, Mgchahic ‘conlority siaP overs Lower. «

“ lagsifications in. Group No. 1 will be governed hy the

same policy, Le.,°Ground Service Helper seniority will.

govern in the selection af Land Ground Service Helper;

» Fleet Service Helper: ‘Seniority. will govern in the selec-

‘Hon of Lead Fleet Service Helper: ind Janitdr 4 gSenior-

‘ity. will govern in the selection of Lead Janitor.

Hi “(4) The same. prince iple of seniority in moving from.

; a “lower if a-higher classification in Groups Ne, 2, .

- No. 3, and Noe will he applied” as, set, forth. iu para. -

j graph. ( (h) (3): above ‘fo povern classifications below

that of* Mechanic. as aia

_, (5) When ani emplovee ‘moves to'a liigher cléssifica: a

tion under the terms of this Agreement to fill a tem- ~

‘ porary. or bulletined job, he shall*continue to acerue — -

‘seniority in the lower classification at the point from

which promoted, and in-case. of - subsequent demotion.

from a billetineéd job dae to reduetion in force, he~

;shal! continue to accrue point seniority in the classi-

“fication at the point where’ demoted. kite <

(6) Point seniority. shall apply in the selection of.

shifts. an@ days off within a ‘classification within a

department. It may be exercised only in “ase of

bumping « due toa reduction in force or when an open-.

Ing eecurs. ‘In preparing days off and shift sghedules,

the Compa any will determine: how r@fany employees are:

needed on a shift and the determination will be based

On the. ty pe of work needed and the classification. gifts

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_ Hol, 11] (1) Geographir al Relocation: . ee pate ss :

In the event of the geographical lous ation. in whole or in

part of any of the work-pe irformed by employees ‘covered ts

_ by this Agreement, the employeeseatfected - will be given an.

opportunity to transfer to the new location at Company. +

expense in accordance with the: policy as set f inthe

Poliey and+Proeeduré, Manual and. given full rit for, ¢

their ‘accumulited: classification seniority ad the noint, to

which the work is trimsfcrred in whole or in part. It is

understood that .the increase or-expansion of facilities at

a particular point that does not invglve a reduction in jobs

2 oF facilities at another, point shall not ‘te ‘comptrued as-a

reogr aphies il rélocatfon of work: in whole or in part.

5 oe te ry : 70

Bee aie Article XV. oe

s

ae

v

“Free Transportation

s

?

(a) Emplovee ‘5s covered by this Agreement will he ©

granted the. same: transportation privileges on the (6ém-

pany system as may be established by V ompany regulations

for all comparable, personnel, |

(by The Systeny General Chairguan| of the Union will -be

“Yebilahad with transportation over fhe Company system

within. the € ‘ontinental limits of *the njted States during

his‘term of offiee for-use in connection with his work: to. the dg

extent permitted by law. © - -, .

_(¢) Employees-Iaid off by. the C ompany ina reduction of

“force Who desire to seek employment elsewhere will, upon

a: applic ition,. be granted on one oecasion free, ohe-way, non-

, U nited States, to the extent permitted by. law.

- positive air.transportation on the Company’s planes fo-any

» point on the system within the continental limits ° ‘of the.

° > s

~ 7 , a “4°

Article XVI GE ea

Vocations

| oo Sk

> (ay. iiiclovoon will be eligible for annual. paid vaes ations

based on the number of months worked during the preceding

calendar year and in-accordance with the regulations here-

a Austen ach torte : f a Reis ; ties

ZF

{fol. 12] (b). Vacation: Allotinent Schedule

ay The* vacation year shail he from January i to.

<Desentiies 31."

cy

~

fie.

(2) sPaid secstich atinwaiies will be somputed ° on

scheduled work days and based on the puhber of

months worked in the preceding calendar ba in ace

cordance with the schedule below:. . . .' +)

)

9

:

Less than 14 Years’ Service::

+

- Months of Service Prior ee eat a isa Allowance

to January 1 * errr ko Days* Bie

A ee eee bs

Bose Foe i Poot

; 5 ° a, a 4 7 : B

oo “6 Samed 3 nat

° 7 ‘ ae . 6 ° P .

m) | i : s 3 tp : ‘ 8 se Sipe ;

v. RR Aig ar Cals ne 9 ee

ae PON eee ee +a 3Q- 7

: j -

-AMl employees hereunder his prior to January 1, have

a ompleted fourteen (14) or more year's of active service

with, the Company. shall be eligible for an additional

five bs: work days of. vacation with pay duting each

calereir year thereafter, in accordance with the pro-

visions of this Article. “Vacation allowance’ for any

such employee who is og pay status.for less than

twelve (12) calendar months, in the preceding calendar

vear will be credited in accordance with the following

echedule:...°: 7 - (9 3: eee Oe

14 Years” or More Service . fee re

Months of Service Prior. Vacatifn: Allowance

to January,1 * . 9 | | Work Days

“ tes “ 7 age | a] id 9

aoe: Sha 4

Betas | . Se ;

[fol. 13] He “ 6

° “_'.. aaa

re “8 -

ee ; SrA asl pe baci saa 14)

ar one oe ex

\

six (6) months of service with the Company. ~ :

se : *. S 2 ia : on , ‘- : : 13: ¥

hemes | ‘Years’ or More’ Service. |

Months of Serwic ¢ Prior. ; i Tadajion Allowance .

to January 1. . ue Work Days 7

CIA RonP ANE ae kee 1B,

a WD

a og!

The maximum Vv acation allow anee in no case will ex-

8 lifteen (15) work days. : aie “e

(« ») Vacation at arene will acerue during each calendar

month: for which an employee receives pay for eighty- five

(85) or’ more straight’ time hours from the Company,

“whether ‘he i is working @r ‘is on siek leave or Vacation. An-

‘employee loaned .to another company w ill -acerue ricafion

credit during ‘such loan period.s °

(1) An employee who has’ been wiih the (

vir one (1) year on January 1 may take his vacation at

ans/time during the calendar year in which the vacation is

due, subject to departmental: racation sthedules and: ap-.

proval of his supervisor. | WES ines We, tert

{e). An employee who has beef with the ompany less — “

than one (1) year as of January 1 will be entitled to vaca-

tion-with pay after Fanuary 1, computed in accordance with

> the ss hedulg itt (b) (2) above. However, in no case will a-

vacation be: fees to an eniployee until he has compléted

C‘ompahy at

2

4" Compensation for the yaci ition period shall be com

puted at the employee's dpe rate -of pay (including '

premium pay). in effect “nt the time the vacation is

Sabot * a5 :

-(g) Ifa holiday récopilbied in Witicke VII td) occurs:

during the émploy ee’s vacation period, he shall be paid at.

straight time for the day, in addition to-his vacation period.

[fol 14] «(h) Vacation leave j is not cumulative and must

be taken during the year following fhe ye ar. in which vaca-.

tion is ae rued,: cunless an employee has. ree ‘eived written

iequesi Treen hits supervisor i) lorego iuis Vac ation during

the year. Otherwise, if not taken within the’ ¢ ‘alendar vear

whe ne oo Herth le, his vacation will be forte ited, :

‘ ~(ij) An employee .temporarily terminating because of -

lay-off due to reduction in farce or an employ ee granted a

leave of absence shall be’ given-vacation “pay based an the

‘number of nionths worked in the preceding year ‘in a«-

>eordance With paragraph <b) 2), if yacation has not

been taken ii the-eurrent e alendar year. Such efnployees

»-shall'also be paid vacation: eredit for. the’ period worked:

. during the current calendar year ‘ih accordance with the

schedule set forth in paragraph. (b) (2).— oe

(j) An employee who is discharged or wh ) resigns shall

‘be paid for vacation due-hiim, based-'on the number ‘of

moyths worked in the preceding year, in ac ordafice. with.

paragraph (b) (2), if vaeation has. not been taken difring

the current Calendar year: Employees discharged for cause

cor resigning without giving at least two (2)*¢alendar weeks’

written notice shall not be paid vaeation credit.-for any

months worked in the current year. eet

(k) ‘If an employee. received written request from his

supervisor to forego his vacation during a. previous year

and has not yet received that Vacation, vacation pay will

be: paid. for that ‘year upbn | termination, regardless of

reason for termination. o-3. &

(1) An employee recalled from lay-off or refurningsfrom

leave of absencé will accrue vacation, leave from the date

of return to service in accordance with paragraph “(b) (2),

which vacation leave may be taken in the next calendar

year, ‘

(m) In the Mase « s the death of an employee, any vacation

pay allowance due him shall be paid | to the exec ator, ag

niinistrator; or legal heir. - °

(n) Request, for vacation leave will. be granted on a

“basis of seniority: at the point. However, a senior em-

ployee will not be permitted to take vacation leave already.

assigned to a junior employee. - ° ee

[fol. 15]. (e} A list indicating the numbér and celassifica-

tion of eniplovees wha may be en vaci ition at any given

time during the year nag be pasted at each poin\by No.

vember 5 of each vear.--The Company will endeavor to

scheUnle vacations Sees desirabie periods to: thee extent

‘such scheduling is permitted by operational requirements.

Kinplovees. will have ap'to November 20 to choose vacation

e ; “ |

“time of sickness.

*

periods, and by December 5 vacation lists will be posted at

‘each point. Employees. shall be. given their vacation: pay

prior to taking their ‘vacation, . if they request the same

by written notific ation to the appropriate Cost Accounting

oP Ledeen not less than two (2) weeks prior to the start

of-the-vacation. Not more than eight’ (8) per cent of ‘the

Sunkwess at a point will be required to taken a Vacation |

during either January or pebrpary..

Article oe ss

Sick Leave

(a) Kmployees who have completed six months

tinuous service nfay be granted sick leaye witl

eerding to the amount of sick leave allowance x

ay “ac-

‘cruéd at

(b) Sickpleave allowance: will anak te employees at the

‘atesof oyf (1) day for each month of continueas service

and may accumulate.to a maximum of sixty (60) work.

days if sickness does not require its use as ac crued.

-(¢c) Employees will not-be eligible fo¥sick leave -benefits

during tlie first six months of continuous service; however,

sick leave credit will ac crue during that period.

(dy) Sick Jeave pay -shall be at the employee’ s current

straight-time rate. . :

(e) After a’ sickness, the eider of days paid for ¥ill -

be charged against the allowance, and one (1) day of each |

month of continuous service shall again accrue to: tlie em-

‘ployee until the acenmulation again reaches sixty “

days.

(f) Employees during the. first three (3) vears of: em-

ployment shall not receive any sick leave pay for the first

three (2) days of each illness.

(g) Employ ees will be required to: present confirmation

[folk 16] of sickness upen return to work, and the Com-

Jpany reserves the right to require & physician’s certificate

‘té confirm any sick claim in’excess of three (3) days.

(h) It is the respousibility of any employee absent from

“work because of sickness to report) immediately. sueh ab-—

sence and the reasen th

refor to his intmediate superior,

‘to the office or person designated by the € ompany.

% e

.

ate |

SAN

-—

five’ (89). or. more ‘stra

sions of pare agraph (a) of this :

~> pay seniority shall be counted.

(i) Sick, leave: allowanee will accrue during each. calen-

-)dar inonth for which an employe Ge receives pay for eighty, !

ht. time house, whether he is work: |

ing or is on sick leave Mr va ration.

(j) The employees covered by this Auvociient, and the -

Union, recognize an obligation to be truthful and ‘honest.

and to prevent. unnecessary absences and other abuses of

sick leave privileges. (3

| ‘Article XVIII a ng

- ? .

om" “hongevty .- °.

(a) All employees covered iby this agreement will re-

ceive, for each year Qf completed employment spent in-any

of the lassifications covered by this Agreement exclusive

of the first three ‘(3) years of employment, longevity of oné

(1) vent an hour for each year of continuous employment,

to a maximum of ten (10) cents. .The maximum of ten (T0)

~ cents will thus ‘be reached at the end of ier ca (13) years

of employ me ;

* (b) Employees who now receive ten’ (10) cents or more

longevity under. former longevity ‘plans will rétain their

longevity and will accrue no more..

(¢), Employees gett receiving less than ten (10)

cents longevity will retain their present longevity but will-

accrue no more until the scale in (a) above catches up.

Thereafier, they willereceive longevity based on the provi-

icle, trie

(d) Longevity acérued in any \classification will -be‘re-

tainé@d upon transfer or prometidn to another classifica-

tion. For the purpose of computing longevity credit, only

[fol.17] Article XX

: Jaakeonce Benéf 6

The prese nt. group sick and acci ent insurance plan,

hospitalization plan, and any insurance benefits’as in

effect on .-the date of this Agreement shall not be

altered or changed to the extent of decreasing the

pene tits or ites xarite sing the rate withant conferring with

the Union at least fifteen (15) “we to the date

“of change.

j ‘ ice “

reas, Sone oe

4. Plaintiff. furjher states that Article XI, section (b)

(10) of the aforesaid agreement, which was in full force

. and effect in November, 1949, provided that an investiga-

tion and fair he: aring must be given to all employees with

more than ninety days’ service with the defendant before

such employee eoukl be’ discharged from. the service of the

defe ndant, and that said hearing should. be held before a. |

representative of the defendant other than the one bringing

the cofuplaint agaist such an employee ; that said Article

further provided that the employee shoald .be notified in

writing of the precise charge against him and be given a

reasonable opportunity to secure the presence of neces-

sary witn@sses at such .a hearing. The provisions of

Article XI, section (by (10): are as follows :

“No employ ee who has been in the service of the Com-

pany ninety (90) days or more shall be discharged

without a fair hearing before a designated representa-

“tive of the Company other than the one bringing com-

or agaist the-employee. Suspension from the

service of the Company pending a hearing, which shall

“be prompt, shall not be’ deemed a violation of, this.

rule. At a reasonable time prior to ‘the hearing, such -

employ ee and his duly authorized ‘representative will

cbe apprised, in writing, of the precise charge and given -

a reasonable opportanity to secure the presence of —

necessary witnesses. If a stenographiec report of the

investigation is taken, the Union Committee o® rep-

resentative will be furnished a copy. .A written de-.

cision will be issued within five (5) work days after

- [fol. 18] the close.-of such hearing. If* the deci-

sion is not satisfactéry, then appeal may be made in

"cassie ‘e with the procedure prescribed in ‘Step ‘3.”

Plaintiff further states that on or About November 12,

1949 plaintiff was wrongfully and unlawfully ‘discharged

from the service pf the defendant for an alleged violation:

of the sick leave rule set forth in paragraph 3. above; thac

plaintiff was discharged without .a fair hearing, that he

WRs nei notified in writing of theeprecise charge against

him, and that he was not given a re ‘asonable epportumty

co secure the presenee of witnesses at ‘a hearing. prior to

9° -1¢8 ; ; ere i.

25165 ai

“

the time of. his discharge. At such a hearing ‘the plaintiff

could and Would have produced witnesses in his behalf. and.

at which hearing fhe plaintiff*could have proved that he -

was not guilt» of the alleged violation, of the sick leave

rule; and that as a’ direct and proximate result -of the

wrongful acts and misrepresentations of the defendant, the

_. plaintiff was deprived and defrauded by, the defendant of

his enrploy ment, seniority rights, pension rights, and other —

property rights under the aforesaid agreement between the

-defendant and the International-Association: of Machinists. |

6. Plaintiff states that: as a direct and proximate result

of the wrongful and tortuous acts of the defendant as afore-

‘said, he has-been unlawfully deprived’ of his employment,

seniority rights ‘and-other property rights under the agree-

ment as set forth in paragraph 3 above;that he has been

caused. to stiffer much mental anguish and has: been unable

to secure other employment, all to lis Alamage in the sum

{fol. 19] of Seven. Thousand Five Hundred (8%; 300. 00)

ae °

-. 7. Plaintiff further states “that his see-bs the ade-~

tendant was wilful, fraudulent, wider and —

without legal justification or excuse, and th e defendant

was actuated by malice, spite and ill will towards the plain-’

‘tiff, and plaintiff asks that defendant be punished therefor

in the amount of Fifteen Thousand ($15,000, 00) Dollars.

i herefore, Plaintiff Prays fog, actual. damages in the®

sum of Seven Thousand Five Hundred ($7,500.00) Dollars,

and for punitive damages in the sum of Fifteen Thousand «|

($15,000:00) Dollars, or for a total of twenty-two Thousand

Five ‘Hundred ($22,900. 00) Dollars, and for his costs ©

heréin. ane at

Fred J. Freel, Ray D. Jones, Jr. Attorneys: tor

Plaintiff, 900 -Bryant. Building, Kansas City,

Missouri, TiArrison 3632. :

; a: ‘

[File endorsement mitted.) rhe

? 19

. [fol. 20], Ly Unrrep: Srares District Court |

" Answer—Filed August 14,1950

Comes now defendant and for its answer to plaintiff’s com-

-plaint. states :

‘1. Defendant admits the averments of paragraphs 1,: 2,

3 and 4 of said complaint, exeept the averments that plain-

tiff is a resident of the State-of Kansas and.that he was 1fot

a. member of ‘the International Association of Machinists.

Defendant is without knowledge concerning plaintiff’s place.

of residence and his membership or non-membership in the

Internatioyg] Association of Machinists,

2. Defendant denies’ the averments of paragraphs 5, 6

and 7 of said-complaint.. — SA )

_3. Further. answering said complaint, defendant states

that on November 9, 1949, plaintiff-was suspended for

‘abusing the sick leave, provision of the « et referred to

) of the defendast.

Wherefore; having fully answered, defendant prays to be

discharged with its costs. | ; r

Ruby .D. Garratt, Garrett & Ruark, Attorneys for

Defendant, 822’ Scarritt Bldg., Vi. 0750, Kansas °

City, Missouri. ceeds nel eins

° és

[fol. 21] Received copy hereof this’ 14th day of’ August,

1950, ;

g

Fred J. Freel, Attorneys for Plaintiff. -

{File endorsemenfomitted. ] mi &

o*

S Seer

[fol. 2 22 Ix Usitep States District. Court .

INTERROGATORIES To DereNvaxt anb Motion To:Proptce—

‘ +. Filed August 29, 1950

Comes now “the plaintig’, under Rules 33 and 34 of the.

Federal Rules of Civil rocedure; as Amended, and sub- :

mits the folloWing interrogatories to. the defendant. to be.

‘answered by the defendant under oath according to law,

and ioves the Court to order the. defendant to produce for. .

inspection and copying by the plaintiff all of the documents ~

listed in this motion below if the defendant answers in-

terrogatories concerning such documents in the aflirmative.

Plaintitt. further’ ‘states to the Court-that the matters and -

things herein inquired: about are material and relevant to

ad

the -plaintiff’s cause, and that plaintiff kept-no record or

records eoficerning the things herein. inquired about but

“that it is the belief of the plaintiff. that the defendant did

make and keep the records in question. ae

terr ak at?" % 0: *

{nterrogatory |

eo \

No.

?

x Please state on what date or.dates. plaintiff abused

the sick leave provisions of. the contract referred to

in the complaint, ‘as alleged in paragraph | 3 of -de-

®

fendant’s answer. ake

* 2. Was the plaintiff’s é siiienion from defendant’ s em:

ployment on: November 9, 1949, in writing? aout &

pie

ted

If the answer to question No. 2%4sin the affirmative, ,

plaintiff moves’ the Court, ts order the defendant to

produce .said. written ngfice of suspension for the

plaintiff’s inspection aud copying. 3

{ fol. 23]

4. If plaintiff’s suspension notice of November 9 , 1949,

‘> was not in writing, please state the name, position

held with defendant, and home addre&s of the per-

son giving said suspension notice, both at the time

of the giving of said, notice and at the time of

tty TSas ° °

5 W: as the vfaintiff? = notific ation of a hearing to be hek

Ps . y . a. . a - .

on November th, 1949, as alleged in paragraph 3 ot

defendant’s answer, in writing? :

id .

.

t

Interrogatory Oe n= Reg ca er,

No. - 3 3 : oe eft

If the answer to question No. 5 is- in the affirmative;

Maintiff moves the Court .to order defendant to -

| progfic ea copy of said notification of hearing for i in-

spection and copying by. the plaintiff.

. Was the hearing as alleged in paragraph 3. of de.

_ fendant’s answer held before an ofticiat or employer

of the defendant? ©. ——

. If the prt td qtiestion No. 7 is in the affirmative

please’ \state the name, position held with the de-—

fendant, and home addresseof said’ employee or

etic ial, both at the time of said hearing and at the

tine of answering this interrogatory. .

. Was a stenographie record mane of the. proceedings

‘at said hearing? :

tf the answer to interPogatory No. 9 is in the’affirma-

* tive, plaintiff moves the Court to order defendant to

Br ol. 24)

— «©

to

produce a copy of said stenographic’ record for in-..

neice: and copying by: the Plaintiff. see: |

. Plesse. state the name, position held with the de-

fendant, and the address, both at the time of said

hearing and at the time of answering this interroga-

‘tory, of every employee .of the defendant who was

present at said hearing, either as an observer, ad-

viser, counselor, or witness. ‘

2, Were records or exhibits of‘any kind introduc ed into

- evidence or presented, as evidence against the plain-

tiff at said hearing?

. If the answer to inter rogatory No. 12 is in the aflirma.”

tive, plaintiff mov es the Court to order. defendant to

produce a copy of all said records or exhibits for in-.

spection and copying -by the plaintiff. eee

Was a written decision issued within five work days

after the close of said heang?

li the answer ‘La interragatory Na: 14% is in the. afiems®. =x

t? ve; rlaintiff move $ the Court to order the defendant

to froduce said Written decision for inspection and

copying by the plaintitt,

Ss = «—C

Interrogatory Sa ;

| No:

- 16. Over what period. or periods of time had the plaintiff

- been employed by the defendant according to the

‘records -of defendant, and during said period or

periods in what capacity was the plaintiff employed —

by the defendant, and at what locations within the

defendant’s inter-national system of airways. was ee.

.: «plaintiff so employed? - |

17. Do the records of the defendant show that the eee

. tiff was on leave or leaves of absence. at any time .

during 1949? *e

ee ee na

18. If the answer to question ‘No. 17 isin the: affirma- 7

tive, please state.the date’ or dates of such -leave or:

leaves of absence as shown by the. records of the

; defendant, and the Se er reason therefor.

- 19. Dé*the records of the defendant show the number of -

sick leaves taken by the plaintiff during his entire

period of employment with ee defendant? |

20. If the answer ‘to question is in‘’the affirmative,

_ peease state the date or dates on which sick leave or

whether or not the plaintiff was compensated for

"~ time off on such sick leave or leaves and the amount

of such compensation, if any.

21. Did an official or’ an employee of the defendant ake

leaves were ; taken and ‘the reasons therefor, and’. -,

a complaint against the plaintiff for abusing the sick . -_

— leave provision of the contract - referred to in the com-

plait? si, “

22. If the answer to “question No. 21 is in the affirma-

tive, please state the name and address of such

official or employee, and the position held by him

“with the defendant, both at the time said complaint

was made and at the time of answering this. inter-

rogatory. ~ DO Bo 3

3. What is the net financial witth of the -defendant,

Tfanseontinental And W estern Air, Ines; and please

explain how suel net financial worth of y de-

(fol. 26) fendant. is computed. - é |

to

“—~

“Inferrogatoryy 1 | ee Rone st -

No,: - We eee Ea

= 24. Has defendant issued a financial statement for the

> ‘year 1950?

25. If the answer té No. 24 ta in the piskties.

plaintiff moves the Court for an order requiring

defendant to produce a copy of such financial state-

ment for inspection and copying by. the plaintiff. |

26. What is the nanie and address of the individual re-

sponsible for the preparation of defendant's financial —

cS go ecg Sel or a

= | - Where .are the company-wide ‘financial dtatentents

\ - | of the defendant>located, and what is the name and .

: a address of their present custodian? . |

e aa lie Nae, Fred J: Freel, Attorney for the Plaintiff.

Keceived | copy of the foregoing interrogatories and

q Motion to Produce, this 29th day of August, 1950. es

4 Garrett & Ruark, Attorney for Defendant.

Tule endorsement omitted:} '

Tae eee ‘3s TE. © GS ae ‘

4 | fol. 27] Ty U NITED STATES Districr pssaisse$

i As : «

_Answer® TPoplorremnce routes To ‘Derenpaxt AND Motion

To Propuce—Filed September 12, 1950

Comes now the defendant, Trans World Airlines, ine.

by John P. Mead, its Labor elations Director, | makes

Answer to Written: Interrogat yries heretofore. filed, and

. states: ‘. ; pa Te

a

Novethber g. 1949. :

f- ya Reet See eas ne ae

. 3 ; x : ‘ Nk ies

4 ater Lapeer

io =

. See answer to 2. +.

‘>. Yes.

,

7

-_~

.

ree, "

ay

. Yes.

. Mr. BK. T: Huff, Ginn i ine Maintenance, 6032

Hardy, Merriam, Kansas. .

t.

e

9.

re

» Aireraft Shop, 307

Coronado Road, North Kansas ‘City, Mo.; W.

. No. ; : . 3 i \ .

Ma Mk we

See answer to 9. “2

. F. Woodling, Regional Director Industrial Rela-

: eat 220, W ent. 70th Terrace, Kansas City, Missougi; —,

baer. P DeMattia, Mee hanie, (Unknown); V..Villnave,

are? 3607 :

Vi irginia, KanSas - City, “Missouri;

. EK. Bowman, Inspec tor, Route: ¥10, Nofth Kansas

Thol 28) City, Mo.; H. M. Hamarstrom, Master Me-.

chanic 4121 Walnat, Kansas City, Missouri; W. J. oy

aren! Foréman—Engine Prod., R. R. #1, Kansas *

City, Kansas; R. W. ichtenberger, General Foreman |

North 32nd ‘St. Kansa’s City; ;

D. Myers, Manager—Overhaul, . 4811

W.

Hawkins, Administrative Assistant, 4206 West 73

Terrace, Mission, Kansas; F. M., Hiddin, Personnel - —

Administrator, 413 Bast 45th St., North. Kansas C ity, , a

Mo,

Kansas; L.

"12 : re

13.-See: answer to 12. — MG

‘14.. No written decision was issued inasmuch as plaintiff)

; “y oluntarily resigned at the conclusion of said hear-

. “ing. : ” ee : } : =

* 15. See answer to 14. Seats de sn eee og

16. ~ Date Position. Location — ‘a

io. 19-42- 3- 1-43 “Apprentice Me- Washington Na-

chanic ¥1 = ~— tional Airport’...

3- 1-43- 7- 1-43 Junior Meé- - Washington Na-

| oe chanie *2 tional Airport. = «

7: 1-43- 1- 144 Junior Me-. Washington Na- - a

epee chanie ¥1- __s‘ tional Airport <&.

* 1--1-44- 5-28-45 Mee hayiic * Washington Na- -

sie tional Airport

| 5-28-45- 3- 9-46 Mes hanic Overseas

{fol. 29] | ‘< |

3- 9-46- 3-28-46. Mechanic %1 Washington Na-

-8-2%46-

¢.

‘tional Airpott

8-16-46 Senior he: Newark, New °

: chanic '. Jersey. +

&-16-46- 9- 1-46 Senior Supv. Paris

~ Mechanije

tee. & ep tucre ate Peay. ee P8 SR

9- 1-46-11-16-46 Senior Me- New Castle,

Nee Veet) s chanic Delaware

1 1-47- 2-23-48 Mechanic : New Castle, |

o® : Delaware + «

2 2.93. 48-. 6- 1-48 Lead Me- New Castle, ©

chanic¢ _. Delaware ®

6 1.48. 7-16-48 Mechanic New Castle,

«Be 7 Bt ee ~ - Delaware

yO. 7 ENTS Supv. Mech. | New Castle,

ee Her. - . Delaware

7 7-20-48- 7-13- 49 ‘Supv. Mech. _- fedda, Sandi-

Hgr, . .. ‘Arabia

inn. ae 449 Mechanic reba Kansas City,

te y , ~ Krausas.

— + 9 4-49-11- 9-49 eats Me- ' Kohsas City,

‘se ve ae . >chanic ek ; Kansas a

— 17. Yes. pisses : =

: awe “C ause: or Reason: therefor

\g 18. Daté of, Absence ~ _ |» Give by Plaintiff

eee 8-17-49 Sy ie ee Stomach :

: “8-18-49 i eto Upset Stomach’ = #

9-98-49 + . ._ Upset Stoniach.

10-19-49 Sore throat.and cold

7 11-8 -49 Bee Nic Ao nS.

19: No. i » be

20. See answer to. 19, ae

21. Yes. ae ;

S 22. Mr. L. Dd. Myers, ackane Overhaul, 4811 € ‘oronada.

+ Road, North Kansas € itv, Missouri.

“[fol. 307 .23.°The net worth of ‘the defendant on December

31, 1949 was $20,955,464. The: balance sheet reflecting

said net worth and rel: ited statements of income and

©

gurplas. weré cértified by Messrs. Haskins & Sells,

Temple Building, Kansag, ( ‘ity: 6, Missouri on Mare th

16, 1950. .

24. No. . oo,

Jog See answer to 24.

26. Mr. A. V. Lestie, Vice President and Tre: isurer 20

_ West Oth Street, Kansas City, “Missouri.

a

*,"

ww

+ Seer : * : s

27. See answer to-26. eid ae epics aoe

Trans World: Airlines, Inc.,° By Jehi P. Mead,

eo Labor Relations Director, Ragen eee we ine

eae sworn to * by: John a. ‘Mead. Jurat omitted im

printing. : | a ae : Geena,

os, Tol 31] Received a copy of the ‘above and. foregoing mt

3 _ Answers to Written pasos ere iio this 17th day of Sep-

tember, 1950.

: m Fréd J. Freel, Attorney for Plaintift.-

"ER °

a File endorsement omitted: ee Sokare ;

: A a soo i :

| [fol..32]) Ix Unrrep, SrazEs Distaict Count.

Eales Ohs MeO eh

PLAENTIFF’s IN RROGATORIES To Derexnaxt—Filed

“..

February 12, 1951

‘Comessnow the plaintiff ander ‘rule 33 of the Federal

Rules of Civil. Procedure, as amended, and submits the

following interrogatoriessto the defendant to be answered -

by the defendant under oath according to law. Plaintiff .

further states to, the Court, that the matters and things

herein. inquired ‘about are material and relevant to plain-

tiff’s cause,, and are wholly within, the custody or knowledge

‘of the defendant. | decinane

°

¢

Please state the number of employees of the defendant,

ise were charged with abuse of the sick leave provisions

‘of the eontract referred. to in the te omplaint during each

of the twelve months of 1949, -at defendant’ s overhaul: base

f% . in Kansas City, Kansas. ° a0 +f

ore lease state the number 4 employees at defendant’ s

overhaul base in Kansas City, , Kansas who were discharged

for abuse ofthe sick leave provisions of the ¢ontract re-

referred to. in the. complaint during each (of the twelve

gatas of 1949, ; “a ees 3

: ; . Did the defendant have a Written or unwritten: policy

ee of sisdiey ition’ oy administration of the sick leave provi-

sions of the contract re ferred t to in plaintiff’s vetition? *

°

vat

"4. If the answer to inferrogatory No. 3 is in th - affirma.

‘tive, ‘please state such policy im: - the ansWey ‘to. this in-

_ terrogatory.

‘& Was there “any change in ie defendant’ S policy per-

| taining to the sick leave provisions of the contract referred

_ to in the sop apr in October or Ngyember of 1949? |

- ffol. 33] . If the. answer to interrogatery No. 5 is in

- siicative please state what the change i in policy’ was: “*)

-Were there any letters, posters, signs or ‘notices dis- eS

- tributed to or placed upon a bulletin board for the informa-

tion of, defendant Ss @Plovees at its overhaul base $.

~ Kansas ( ity, Kansas ¢

pertained*to the sick leave. Nisam of the contract re.

y the defendant during 1949 whi

is? red to in plaintiff's petition? ’ 3

. If the answer to interrogatory .N Jo. 7 is in the athens

ee are copies of such letters, posters;‘stgns or notices still

in the possession of the defendant and. what is the name of

_ custodian? - ae |

What was the practice or custom of the- defendant in

cma ta ‘a vonfirmation: of si¢kness’’ of ah employee at its

- overhaul base in Kansas City, Kansas during 1949 upon

ain employee’s return to work after ap illness of one day

or after any abserice from work due ‘to illness of an em-

ployee at said overhaul base? e

Fred J. Freel, Atterney for Plaintiff, HOO - Bryant

- ‘Building, Kansas City; Missouri, HArrison 3632. e

Mailed CaPY of foregoing to Garrett & Ruark. "xthorneye

for Defe ndant, 82° Scarritt Building, Kansas City, Missouri

with sufficient’ postage ‘hereon, thig 12th day. of. Febr uary,

1951; >.

K red J. F reel, Attorney for Plaintift

N fol. 34 Bats. | [File endorsement omitted ]

’. ; a

eS ‘

* ’

¢

[fol. 25] ¢ In Unirep STATES Disprikt Court

Axswins To Puainvire’s Ixrerrocarortes ‘To Derenpant—

. SRE I" ebruary 28, 1951 fei

“5 Comes now the dete ndantt, Trans World Airlines, Ine,

by John P. Mead, itty Labor Relations Director, rhakes 5

“Answer to Written Litrrogatories heretofore filed, and

iS

states:

—_

e etiployee was charged with abuse of, the sick

ave provisions of the contract, referred to in the

_ complaint during the month of Oetober 1949 and four

employees were so charged during the mouth of No-

vember 1949... - ; 7

As a result of the charges set out in (1) above, -one

giro ee was, discharged in November 1949 and one:

resigned in October: 1949- and: two resigned in Novem- 7

ber 1949. gees ° |

Vag . /

os W hile the defendant had no written policy of interpre-

tation or administration of the sick leave provisions

of the contract referred to in plaintiff’s petition, de-,

fendant’s interpretation and administration was well.

- known to and concurred in by the International As-

sociationJof Machinists who represented defendant.’s

employees under said contract. ‘Said interpretation

and adminisifation ¢ can, be summarized as follows:

Phy sician’s certificates were ng ordinarily required

te confirm ilnexs, ‘of three days or less, the defendant.

rekving oy the honor of the individual employee in

‘}fol. 36] stating ‘that he was too ill to perform his as-

signed, fasks. - Muploy ees and the Union recognized an

“obligation to be truthful and honest and to prevent un-

hecessary absences and other abuses of ‘sick leave.

privileges. The Unidn coope ‘ated with defendant in

'* Heinting out to its merhbershifs the absolate necessity

of preventing abuses: if defendant Was to continue its

liberal poliey. “ Nbuse of sick leave privileges was

recognized as a serious offense invelving suspension

and dismissal. When é@vidénce of abuse came to the:

attention of the defendant, the émplovee involved was

| ee ad

,

Y

\

» wee

. : : é = m .

4 ‘ *. ‘ e 4 3 . : bt « . i

stfspended pending hearing under Article XI of said

: contract. . cae he ae ot

a: No. | gAe eee . ma poem

6. See (5). Soeig: ne

pa Pa. ee, Soe |

8. See (7). eae

we See ia. fay ieee eae

* >

—_frans World Airlines, Inc., By John P. Mead, Laber

Relatfons Director,

: . o ° e é .

(fol. 877 Duly sworn do by John P. Mead. Jurat omitted

Jin printing. :

—

— Mailed copy of foregoing io Fred J. Freel, 900 Bryant

Bldg., this 25¢h day of Feb., 1951, Jean’ M. Brady, Notary * °*

Publie. AJy-Commission Expires: Oct: 15, 1954. oa

| a Ruby D. Garrett, Attorney for Defendant.

ive o

4 [File gndorsement omi fed. |

2 (fol. S01. ee. Unirep States District Court

Pre-rRiaL OrpeR- OF THE District Cou rt—December 28,

Lee 1950,

G

p P-trial confer ence held fhe above- entitled cause,

the time of the bringing of this action, plaintifl Was | a

: Sident of the State of Kansas.") 0 DEP

xhibit A, here marked, is a edpy of the ncreorsent be-

twéen Transcontinental and Western . Air, Ine., - and the

Meehanics and Related Employeés in the service of Trans- .

continerital and, Western Air, Inc, as represented | by the”

International | Association ‘of Machinists, executed March

22, 1949,-said contract being’ the bargaining agreement

eovering plaintiff's employnre nt with defendant. Said ex--

hibit is now ‘admitted in ne at and made a part of the

recordin this cause. . :

exhibit 1, heré. marked, is a capy ‘of a letter; dated No-

vember 9, 1949) relative to the suspension of, plaintiff and

. . : ¢ " .

. : e ©

. 4 ° wi 2 » : .

a 4 . ° . 5

. > . .

e -

>

JU

hearing to be held regarfling the same on November 11,

1949, Plaintiff contends that ‘copy of said letter was not

delivered to him until after the hearing therein referred

to was held. »Defendant’s contention is that a wopy'‘of

said letter, was delivered to plaintit? by Mr, Parker: on

November 9%, 1949, . ;

-Exhibit 2. he Te marked, is the’ restr

plaintiff, ungler prote st, on Noventher 11,. 49>atfer hee

ing on plain ~ suspension was held before Mr. ‘Ed Huff.

Exhibit 3, here marked, is a copy of Emplovee’s Notifiea-

tion of Absence, as. prepared by. one of -defendant’s

uurses, relative. to plaintiff's absence from service on

fol. 39] November 8, 1949, ;

|

Said ahowe-exhibits are now ' admitted in evidence and

made a part of the record in this beam 4 en to. the

respective contentions of the parties. |

It is plaintiff’s theory that, he was not ‘given writt en

notice of the charge made against him before hegring was

held on. his suspension from service. Plaintiff wc that

he a.tended the hearing so held: on November 11; 1949, and

knew of the nature of the charge made against him prior to

attending. . It is: plaintiff's furthér contention. that’ the

‘hearing held by M r. Ed Huff, Manager of Line aeaaergye

for defend: ant, was a prejudiced and unfair : hearing, 1

that Mr. Huff pete judged said matter before hearing ' evi-

dence théreon. After said hearing was held, Mr. Huff an-

nounced a decision to the effect that plaintiff should be dis-

churged “from service, but, before officially: entering such

decision, he extended to plaintiff an opportunity to accept

said decision or to execute & resignation from service.

Plaintiff thereafter executed. a resignation, but “he contends

that lie did so under protest. ’ 3

Deféndant’s contention: issthat, after written notice, of

the nature of the charge e made against plaintiff, a hearing

was held, at the termination of. which plaintiff executed a

resignation from service, - . ‘

‘The parties are to sulfnit dial. briefs and requests for

charge to be made by the Court pn’ ear h issue here involved,

five (4) davs before trial.

[fol. 49! This gause ts now set for tal o on Monday,- Janu-

ary 29, ion; at 10: (00 o’elock, AM, before a jury,

: it is ordered, that the trial of this cause be gov erifed by -

the above stipulations and agreentents, unless modified by -:

the Court to prev ent manifest injusticé.

ages 2 Py Albert A. Ridge, Judge.

to ae * ; aeiaee $1

.: Dated at esions ( ity, ‘Missouri, this 28th day of De-

% Sdiber, 1950, + Le i rive. ae

& ,

“Filed in the U wited States District: ( ‘ourt December 29, °

“1950.

é

[fol.41] ° PLAINTIFF'S EXHIBIT sth

< ma , an ;

= * 'PRANSCONTINENTAL & Western Atr, Ine.

a J z - te

a TWA

- Trans World Airline ey

os AGREEMENT - ,

: ' hetween.

are Transcontinental-& Western Air, Ine*

| ar =< sya . neeee..

~~ ay The Mechanics and Related Employees

.. ; . in the Nervice of -

Pe Transcontinental & Western Air. Ine.

: as represented _ ee

“4 . TE eee »

4 3 International Association of

Bi: orn Machinists . ee

7 «+: +. .°- Effective March 22, 1949 : =

{fol. 41-1] -This Agreement i is made and entered into this

22nd day of March, 1949, in accordance with the provisions

of ‘Title IT of the Railway Labor Act, as amended, by and

between Transe -ontinental & Ww estern Air, Ine., hereinafter

referred .to as the ‘*Company’’, and the International As

sociation of “Maehinists, hereinafter referred to as the

‘Uiion,’* and represeating all einployees of the Company

- 39 ae iuetecins . 5

nie,

o€

.

e .

comprising | maintenatce of>equipmgnt employees and in-

cluding all & rades of Mechanies and Inspectors, Fleet Serv-

iee Helpers and. Ground Service Helpers; Cargo, Commis-.

sary, and Stockroom employees as certified by the } National

Mediation Board on Nevember 20, 1945, and May ‘15, 1946. _

*,

Artide I.

Purpose of Agreement.

(a) The purpose of this Agreement is, in the mutual in-

terest of the Company and the employees, to prov ide for the

operationsof. the services of the Company under methods.

*Shich will further, fo the fullest extent: possible, the safety

of air-transport ation, the efficiency of operation, and the

continuation of employment undergconditions of reasonable -

working hours, proper compensation, and reasonable work-

ing conditions. It is recognized by this Agreement to be

the duty of the C onipany and. the employees to cooperate °

fully, beth n@vidually and collectively, for these purpases.

(bh) No “employee covered by: this Agreement will be*in-

terfered with, restrained, coerced, or diseriminated against

. by the Company, its officers, or agents, because of member-

ship i in or lawful activity on behalf’ of the Union.

(c) It is understood that wherever in this Agreement

employees or jobs are referred to in the masculine gender,

it shall ly recognized as referring to both male and “femsile

employees.

a

e

“Article Tl

‘ \

\

Poe, ‘Bene of Agree} nent

(a The Company agrees all work generally rescuaiaed

as mechanical inspection work, mechanie’s work, and help-

er’s work sperformed in and about \C ompany shops, main-

tenance bases, overhaul bases, fine service, stations, and

(fol. 41-2] other Company facilities, including but not

limited to mechanical work, involved i d‘smantling, over-

haulings Fy repairing, fabricating, assembling, welding, and

erecting: gabe ree of aigplanes, airplane engines, radio

equipment, electrical systems, heating systems, hydraulic!

systems, and machine tool work in connection therewith,

and ineludine the dismantling, vepairing a, asse mbling, and

el recting of all mae hinery and mechaniecai dey ‘ices and auto-

-

a3

‘

BH

nrotive and building masbadinniaen and repair , work, and the

vork of Steres Clerks, Conimissary Clerks, Commissary .

Helpers, and Cargo Agents i in the handling of stores stock,

“commissary. supplies . mail, express, ‘argo, and. freight is

recognized as coming within the jurisdictign of the Inter-

national Association of Mace ‘hinists and is covered by this |

Agree ment.’ :

(b) Emplovees cove red by .this Agreement shall: be gov-

erned by all Company rules, regulations, and orders pre-

viously ar hereafter ‘ued by proper authorities ‘of the

Company which are not ini conflict with the terms and eondi-.

tions of this Agreemént and % ich have been made avail-

able to the affected employees prior to becoming’ effective.

(c) It is agreed thet gall work covered by this Agreement

shall be perfor med by: ¢ ethployees in- ‘the’ classifications speci. .

-@ fied herein, except that at other than ‘major stations’ or .

overhaul bases on sltifts where theres not sufficient work

as herein described for Ground Service Helper, Fleet Serv- ,

ice Helper, Gommissary Clerk, or Carge Agent to justify.

the assignment of an employee coming within any of these

—— any employee who is in the same or higher

pay bra®@ket may be assigned to do the work.

It is recognized that at major stations where Nias

«the scheduled number of flights are on the ground at one

time or in cases of emergency where it is necessary in order

to maintaig flight schedules, any. employee who is in the

eb or hither classifies tion may be assigned to the per-

rynance of ‘work covered by any of the classifications |

i gov ‘e, In this event it is “understood, however, that .

pasa outside the classifications covered by this Agrt®-

ment will not be assigned to perform this work if employees

in the same ®r higher classifications covered by this Agree~

~ ment are available and ‘ec: an be assigned without interfering

with their regular duties. If the Union doubts the fairness

‘of the assignment, it miay invoke the grievance procedure

for settlement of the matter.

S

-

¢

fy

&

ee

[fol 41-3] Article TH

Status: of Agreement pice

(a) [tise expressly” understood and agreed that.w han mthis

Agreement is accepted by the parties and signed by their

* authorized: representatives, ‘it will supersede ‘any and all

avreemeuts existing or previously executed between the’

Company. and any Union or individual affecting the, craft

or class of employees covered by this Agreement.

(b) It is further undergtood and agreed that all provi-

signs of.this Agreement Mall be. binding upon the succes-

' sors or assigns of the Company. ‘In case of a consolidation

or merger, representatives of the Company and the Union

will meet without delay and negotiate for proper provisions

for the protection of employ ee seniority. -and other property

rights.

(ce) All matters. nut: ‘covered by this Agtechent or the

Railway Labor: Act, as amended, shall remain exclusively

and without. limit tation within the prerogativ es of Manage-

ment.

i A rtjcle IV

_- Classifications of Work = -

(2) Mechanical Classification mee oi

ay ‘Lead Inspector :

The work of a Lead Inspector shall.consist of and

include leading and direging the work of Inspec-

tors and performing such inspection werk as may

be required to the satisfaction of the Company, and

must hold valid Federal licenses as required for his

assignment.as set forth in Artiele V. A Lead Inspee-

tor will not. Supervise og direct the working force

other than Inspectors but may be required to give °

**on-the-job’’ instruction, and training to Inspectors.

(2) Inspector ||: , ‘

The work of an Inspastor will consist of and include

bases mae ov ‘erall itispection of C ompany aircraft Qneluding ,

S)power plant} in connection with major repairs ‘and

- ° overhauls at those points on the Company’s system

’

e

dé te Fore AT Aes FO SAR ep eee H

Rs RNR EI ela AL END bial ERO HE,

yiteisite ss)

rae .

Sipe alata

beh Tar

3 es 4

as BME:

ea a

x t 3 at ee Ore eae ‘ Samia ike

S55 Se y pe alae EES LIA PL

ee

od

-where such work is performed. The work of Inspeec-

_ tor will include the inspection of materialg, paxts,

‘ and subassemblies as neeessary. An Inspector must

he pices of performing the ins} rection ° “work as-

bol. 41 -4] signed to, the satisfaction of the © ompany and

must hold valid Federal ‘licenses for his assignment - -

“as set forth in Artic le V. Iie shall be selected from

* — ° the Meehanie or higher classification and Wil net ie

Bee Supervise or direct the working foree.-

°

(3): Lead Mee hanic

The ek: of a Lead Mechanic shall cons&tst of and

include leading ; nd directing the work of other em-

Veet oy

performing such .mechanical work as may be re-

x * erste t,

RPP RES RECS ed

hold valid Federallicenses as required for his as-

ig a .

aie al Aa

may be required to: sign for his own work‘and the

- work of others in his group (not including work his-

.torically performed by: Inspectors), provided, how-

ever, that sach signing shall*nét relieve any other

6

-work he performed lor from being required to’

~chanie may he required. to give ‘ton-the-job’” instruc-

tion and training to employees. of any classification’

- except Enapettora f covered by this Agreement.

| ..(4) Master Mee hanic - EP

4 = *4

A Master Mechanic shall be any Mechanic who, after

two and one-half (21%) years’ employment by the

-Company as a Mee hanic, has availed himself of’ an

aa opportunity to take and successfully pass the appli-

. eable portions of the Master Mechanic’s examiation

(written arid practical) for his station or department -

or section thereof and x vho possesses valid Federal :

2°, . icénses as required for his assignment, as set forth

in Article, V2 Applications for examinatiow and as-

sigmment to Master Mechanic rating will be. subjest

to Article a (a) (1). The Master Mechanic’ S eX-

ployees of the Mechanic or. lower classification ¢ and

quired to the satisfaction of the Company and niust

signment, as set forth in Article V. A Lead Mechanic:

mn

cs appropriate Company work. records. A Lead Me-

member of his group from , responsibility — |

%

amination as irzceed upon by the C ompany and the

Union for each brane h of the mechanics! trade will.

afford the eligible Mechatic an “opportunity. to-

_ demonstrate his ability to perform any or all phases

_. .. of coestiuction, repairing, assembling, and installing .

all units.cr component .parts of airplanes, engines,

or equipment handled in the ‘particular. department

‘or section. to which assigned, *\ Master Mechanic —

may be required to give ‘‘op- th@job”’ instruction

~ftfol. 41 5] to employees of the sane or lower classification

» |

Mechanic ~

~brtshall not perforn the work of .a Lead Mechanic

in leading all cling the Ww ork of other employees

The wofk ofa Mev hanic. shall consist ‘of “and include

any and all work generally recognized as mechanics’

work performed in and about Company shops, main-~

tenance basess overhaul bases, and Company build-

ings, inc luding but not limited to mechanical work

involved in dismantling, overhauling, repdiring,

fabricating, assembling, welding, and erecting all

parts of airplanes, airpline engines, radio equip-

ment, electrical systems, heating systems, hydraulic

sVstems, and mac ine tool work in connection there-

with. In addition, the work of-a Mechanic. shall in-

clude the dismantling, repairing, assembitwt:, and

work. A Mechanic with oné vear or more experience

may be required te give ‘‘on-the-job’’ inforination to

ce anathor Mechanic and to instruct apprentice mechan-

but will not be held responsiblé for instructing

more _ one (1) apj re ntice mechanie® at any one

time: « i

~ (6) Mee hanie Helper

The work of a Mechanic Helper shall intchide the.

performance of sheeple repetitive | johs sie ‘has elean-

ing spark plugs, moving parts and equigimne nt ex-

; clusive of stores stoed, cleaning out oi! tanks, other

- erecting. of machinery, mechanical: devices, automo- :

tive equipment, and building maintenance and repair

duties now recognized as Work of a Mechanic Hulpe r,

=

ae

; simple ‘repetitive jobs + as agreed wpon. between the.

é © ompany and District 142 of the Union and assisting

of Meehani¢s as required. Mechanic Helpers will

perform no work géererally recognized as Mechanics?

- work. The 6% of Mee haniie Helpers to :-Mechanics

~-exvlnsive of Lead Mechanjes, Master Mechanic¢s,

Inspectors, and Ledd Inspec tors) \systemwide shall

not exceed one fo ten (1 to 10).

:. F (7) Ground Servi ice Hélper

: i The work of a Ground Service Helper shall consist

: of and include driving all types of trucks, tractors,

and antgsnotive equipment, the ‘servicing of aireraft .

and automotive equipment with fuel oil, and water,

[fol. 41-6] the changing of oil, and the greasing of aircraft

“ and autonrotive equipment, operation of bulk* fuel

Dis stations, portable air conditioners, and beoster bat- —

: — teries, the placing and removal .of swiigeand engine

a e - covers, and the blocking er of aircraft.

nm

| A Ground Service Ilelper: maiptain equipment .

* e used in-his work in a clean, safetondition ; however;

~ -s. > he shall not perform any mechanical work of any

.% "nature. It-is further agreed and understood that a-

' Ground Service Helper may be required to perform

other work of a general utility nature. ©

* (8) Lead Ground Servi ice Helper

A Lead Ground. Service. Helper will he familiar with

all of the duties of a Ground, Service Helper. and will

be capable of performing all such duties and will

| perform such duties if @irected by the Company. Jn —

‘ Peta. addition, he will he aw orking feader ‘of the group.

(9) Fleet Service Helper

- . ‘Thy work of a Fleet Service Helper shall indlade all

~ ” eleaning, washing, and polishing of aircrafi, both on

the interior and exterior. He may also be required

to’clean all parts ramp) and automotive equipment.

A Fieet Sérvice Hetper shall do’ all echattine of park-

ins lots (provided that no driving is required), mul.

ing ‘hails. removing: sew, clean ing ramps. and side.

. = i

38

fo. 41-7] inside (also outside fitst story window washing) |

walks, moving materials and: equipment (exclusive

of stores stock), -provided that he operates no ma-

chinery. The Fleet Service Helper will do all,other |

work generally recognized as common.dabor, and

may. be required to perform janitor work, and he. ™

shall do. no mechanical} work or work of a higher

classification.

°

(10) Le: ad Fleet Service: Helper ee © -

A Lead Fleet Service Helper will be familiar with °

all of the duties. of a fleet Service Helper and will

be captble of performing all such duties angqvill

perform such duties if dirécted by the Companlf In

addition, he will be a w orking leader of the ggoup..

’

lyioinhs SU noeE tis Bose ots Ee s

a ° .: 6 .

o

Sy

(11' Janitor

RO OR Ot Mila Seber ee

RDA DCD ISN ROS IES

The work of.a Janitor ait overhaul bases and mainte-

nance bases shall censist of and include the cleaning

oh

¥- ei aoe

of builditigs and hangars, sweeping shops and walks,

grass cutting, and. other work normally performed | } |

by Janitors, ! | ; aw .

(1: 2). Lead Janitor * ri Ee : 4

A Lead Jenitor. will be familiar with all of the duties 4

of a Janitor and will be capable of performing all

such duties and will perform such duties if directed

by the Company. In addition, he will he a working 5

. leader of the ‘group. 7 — B

(b) Stores ( igcatication

s

(1) Stores Cesk ot Pisin. Sree 4

4

A Stores Clerk will do all work generally recogni d

as the routine dies of a Stores Clerk in and abot

_ the _ Company storerooms and stockrooms® The — +

duties “of a Stores Clerk shall include the delivering —

of parts and materials at overhaul ‘bases and. other

places where TEs hanics do not acc fomplish this Work. 5

The duties of a Stores Clerk shall also include the

driving of trucks in transporting store supplies.

oo

(2) Lead asia Clerk: ; atl Y ae

‘oe

> A Lead Stores Clerk -will be’ familiar with all ion

_ duties of a Stores.Clerk and will be capable of per-

- | forming all such duties and will perform such duties

if directed by the © ompany. In addition, hie will he

A a working le: ider of a airs

°

_ (3) Receiving Irspector 2 &

ie A Receiving Inspector will be eapable of inspecting.

\ “and will inspect material received by the receiving

Bere section when inspection is required ‘or assigned. It

Bi _is understood that these employees will not do any.

work ree ognized as mechanics’ work, :

“(e) Commissary ( ‘assification

Bey. (1) Commissary Helper |

/ ° ‘The work of a Commissary’ ‘Helper will consist of

and include the cleaning of all equipment used in the

ers will also -be responsible for the cleanliness of the

department. Commissary Helpers will not be per-

‘mitted to perform any of the other duties of a Lead

[fol: 41-8] Commissary C ‘lerk or © ommissary Clerk.

wey ( 2) Commissary Clerk

The work of a Commissary. Clerk will consist of

and include the checking and ‘handling of commissary

> and passenger service. supplies and’ equipment, and

" shall include necessary. work relative to the prepara-

tion of planes’ service equipment fer flight. In

addition, the work of a @ommissary Clerk will in®

’ elude ‘transporting to and from the commissary or

- . food unit and the planes #uch service equipment.

Commissary Clerks will be responsible for Ypading

and unloading equipment and shall do-all sim#ar

work generally recognized as that of the commissary

department. —. se .

{ 3) Le: ad (* ommissary Clerk ¢ De x te

e \ Lead Commissary Clerk: will be familiar with all

the duties of a C ommissary ¢ Terk and ( ommissary

ee

‘operation of the.commissary, and Commissary Help- .

£3

MB oe 2 @

_ Helper and will be capable of. perforsiing’ all suth

\ duties and will perform.such duties if directed by the .

C ‘ompany. In addition, he wit \be a ‘working leader’

of a. group. . ENE. ye sgh hgen

tay: Cargo Ck assification oe Sher

(1) Cargo agent 3s eeiet Se sel : rie

The work of a C argo Agent shall ccusink of and in-

clude all manual’ work in connection, with loading,

®- - unloading, and handlifg all mail, express, cargo and

_- . freight, and ‘all similar work geners lv recognized x

\ as that of he. cargo department. thing in this

:\ Agreement ‘shall prevent a Cargo Avent from re-

ceipting for shipments tendered, | completion: of

‘ \ forms, etec., in preparation for advancement, when

“\so approved by the station manager.

(2) Lead C argo Agent

A: Lead. Cargo. Agent will be Veniiley. with all the

duties of a Carga Agent and will be capable.of per-

forming all such duties-and will perform such. duties”

if directed bythe C ‘ompany. In addition, he will be”

a working. leader of a group.

“(ey In the respective duiestoneits listed above, wherever

it is necessary "to, maintain more than thrée (3) Mechanics

‘on a shift, there will.be owe (1) Lead. Mechanic ;.whérever

_ [fol. 41-9] it is necessary°to maintain more than three (3)

Inspectors on a shyft, there will be one (1) Lead Inspector ;

wherefer it is necessary to maintain more than:three (3)

- Stores Clerks on a shift, there will be one (1) Lead Stores:

Clerk; wherever it is snecessary to maintain more than |

three (3). Commissary Clerks on a shift, there will be one

(1) Lead Commissary Clerk; wherever’ it is necessary to”

maintain more than three (3) Cargo Agents on a shit,

there will be one (1) Lead Cargo Agent. No. Lead will

required to le: 1d and direct the work of - a group ioe, ets x

more than twelvee (12) other emplovees..

(f) Mechanics who held temporary rating as Master’ Me-

chanic: under memorandum of be carps nt dated Fé ‘bruary

18, 1948, atid who fal ar have role d to pass the applicable

Si,

hiseie) Seah

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“portion of the .examination;-or failed tl y therefor

prior to November 2, 1948, may be require} ty continue an

exercise of tlreir Federal licenses in behalf‘ofthe Company ~

in signing off-work, aircraft, enginee or radio, but the wage

rate of Master Mechanic 1 may be discontinued until the Me-

sane passes the examination. Wace D

(g) No Merhanic holding a ‘permanent. Master vratj

prior to Februar 18, 1948, will be required to~take_a

further examirfation to maintain his rating. Ese as e\ weer

o

iss peed “Uasticls . YS

_,’ Examinations and License Requirements

(a) Exarninations fof Master Mechanic Rating .

(1) Apolieations for Master Mechanic’s examina-

tion will be processetk as promptly as possible. Those

* emplo¥ees who successfully pass the Master Mechanie’s

ro éxamination “wittbe given the Master rating ‘und_ the |

Master wage rate: witiigfifteen (15) days “after the

® date the application is fe&eived by the-Cempany; pro-

vided that unless the Conipany desires to increasethe_

ratio, the: maximiaum number of Master . Mechanic

ratings to be maintained on the system will not exceed

forty (40) per cent of the total number of Mechanics,

"Master Mee hanies, Lead Mechanies, Lead Inspectors

and Inspectors. during the year January 1, 1948, to De-

cember 31, 1948; “fifty (50) per eent during the year -

‘January 1, 1949, to December 31, 1949; and-sixty (60):

per cent durin the year January 1, 1% 50, to December

[fo]. 41-10] 31, 1950. -The Company may exercise its

-, option in. giving -or’ refusing to give. examina-

’ ‘tions: and assigning Master .Mechanic ratings if

the percentage is filled at the time. Mechanics

achiéving a Master rating under the provisiens of this

Agreement* will Not be required to take any further *

. examinations or tests fo maintain their rating.

(2) Where ‘license or licenses are required, Mec than-

Ker f tik ic required v alid Hadoral lie “OTOL will .

it

he required t 0 satisfactorily complete only the practi-

‘al portion of the Master Mechanic examinations,

ee eee Biel Pollers 7. eae is te

ic > jase ss

(b)

e 5 *y

(3) Where license or lieenses are not required$, Me®

~thanies will be required te “eomplete both thé written

ind practical portions of the Master Mee hanie exami- |

_ nations. : : ;

(4) Employees who fail to. sia the Master Mee hanic

examination’ will not. be allowed to take the same ex-

amination within ninety (90) days. from ‘date of previ-,

ous eXaminagion. ~ os

5) The examinations, spethods of writin: ‘and ‘ap-

yilication ofthe examination. shall be reviewed with a :

Cemmittee designated by District 142, and the results

of any examination. shall be open to inspection by the

Local ( ‘ommittees ©

License Requirements ; : +4 ieee

ei ‘Lead Inspectors and ‘Inspectors a

(a) Overhaul Bases

(1) Airplane Overhaul—Hangar -

Must possess aircraft and aircraft engine li-

. eensée or radio-telephorie license second’ class or

higher depending upen the work. to which nor-

mally assigned.

_(2). Engine Overhaul — - Propeller Depart.

~~~ment *

Must possess aireraft engine license.

(3) Radio- Department.

?

Must possess radio-telephone second class or

_ higher,

?

(b) Fina Stations

. ‘Must possess aireraft and ‘aireratt engine iaiias

or radio- telephone license second class or higher-

depending on work to which normally assigned.

fol. Al-11] (2) Lead. Mechtnics and Master Mechanics

(a) Overhaul Bases

4 ‘

(7 ) Airplane Overhaul—Tangai

Must possess. aire raft or airer alt engine ie

cense,

:

©.

*

-

. ,

.

*

3 (2) Accessory Overhanl | ‘Departments where a

meee is obtainable. =.’ ;

. Must possess: aircraft or aireraft engine H--°

cense.. | . ¥

(3) Engine Overhatl Department

Must possess aireraft etigine licénse. 9

°

“(4) Radio Department “s ek

Must pers radio- telephone live ense second ~

class or high ahr aug

e : a

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e

i

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. ca io SEP Stinks a5, Se 2 Se hai Be Ae ai hts" Dee:

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(3) Line Service. Stations

(b) Line Stations a.

3

Must possess fircraft and ‘aircraft engine license |

and restricted radip-telephone operator’s “perinit,

or radio- telephone license second class or pigher if

assigned to radio group. Pied

»

Mechanics holding: or bidding for liné service a%-

- ; - oe sy aoe

ge AS ag hg eS Be tt A a see ee ae Te

BGA RSs SES Ce EERE

signmente way be required to possess valid aircraft

‘ind aircra:t engine license. and restricted radto-tele.-

‘phone operator’s permit, or radio: telephone ligense

second class if assigned to a Line Service radio shop, °

or group.’ If required to possess such valid licenses,

‘the: job will be desiguated..with Master -Mechanié ..

rating and successful bidders will be required to.

either have a Master Dlechanic rating?at the time of -

assignment or pass the practical portion of the Master . °

Mechanic examination within ninety (90) days after

“assignment. If’assigned without a Master rating to

a mechanic job designated ‘as. requiring exercise ‘of.

licenses, the ‘Reular, ate of a Mechanic will be paid

uftil application for” examination is filed, and there:

Meer subject to successfully passing thaexamination. a :

ts (4) Mechanics regulart¥ assigne d to departme nts or +

eroups not. mentid@ned: in (1): ‘and (: 2) above will be re-

quired to successfully complete both the written and,

practical Master Mechanic examination to acpieve a

Master rating. - ~ Ps “

°

41-12} (5) All examin: ations. “practical and written,

ewill be given during regular working hours Ww ithout }O8s }

of t time to employees.

a

4

(

6) ¥

= E 4

.

0 employee accruing senlority as a Lead in:

Spec tor, Lead Mechanic, or Inspector on the date of this

; seem will he required to obtain additional licenses

to maintain his ra ing.” . 7

: the évent” that ’

C ompany aud the Union will meet and make such changes .

in the license requirement. provisions as become necessary. |

ederal requirements are chineed, ‘the

Tn the event that Federal Agencies or their agents determine

that the work qxperien¢ fe which can,be ac ‘quired in a partien-

lar shop ‘does not constitute the experierice required to @b-

tain or renew Federal licenses, the requirements for such ~

licenses under: this Agreement shall be Waived,

:

6 e .

Be Es Article. VI

) eae %e > i eee é ae

Seniority Gr ecaaenn: | ae cre goer

(a) "Deltnitions:

Ba tien.

fet

pe appilicable only to the mechanical classifiea-

tion

(1) System seniority shall he defined as the Tena of

service for which an employee réceives credit, regard-

‘Tess of. loes ation, ir any. of the classifications covered hy

this

Agreement, with this Company. or any of it&

predecessor s. ° The definition of system seniority shall

include ability to perform the required work of the job

a satisfactory nianner, and except as hereinafter

wrovided sliall acerué from the date of entering’ a ¢classi-

Gi:

on a regular assignment. System: seniority

tions ain only to Mechanics and higher within the

. mechanical’ ‘classifications.’

(2) Point sehtaxity shall be itealk as the length: of

service for whtch atm employee receives credit in -a

@ classification. covered by“this Agreement, ‘at-a point,

and ‘shall be’ superior: to systém seniority in making

all determinations: The definition of point seniority

‘shall include ability to perferm the required work of

the job in a satisfactory manner, and except #8 here-

inafter provided, shall acerne from the date of enter- |

‘ing.a @lassification at a poiptena regular assignment.

stew i a

The principle of seniority shall apply in the applica-

of

‘this

Agreement in all reductions or inereases of

c

fen aiet h

Ns

RY

ef

te Sra

a | / errors will he correéted currently

sa

Ni

iu:

Coe geile °.. Ma . 45

; bs ERE po. . " :

[fo). 41-13] foree, preference of shift assignment, vacation .-

period selection, i in bidding. for. vacancies or new jobs, and _

in all promotions, demotions, or transfers involving classi-

fice ations covered by this, Agreement, ° ae .

.

ee (Probationary Employees: eG

‘Frpley§ will be considered as probationary em-

ployees for the first ninety. (90). days of their em-

: om ment, and there shall be no responsibility on the.

. -past. of the Company for. the reemployment Of pro-

-. bationary employees if they are discharged or laid off

during this period. If retained after the probationary’

period, the names of such ‘employeese shall then be-

placed on the appropriate seniority list as of their date |

of hire. * 7

‘ 4 ; : 2

(d) Seniovity Lists: . Peat ia .

Ne (1) Seniority lists, corrected, -to December 1 and

| Jane“ 1 and prepared by the Company; shall be fur-

nished eack’Local Committee and the General Chair- |

man for the Union, und shale posted on bulletin

boards ‘at each point onor before January 1 and Aulys .

1 each’ ¢éar.. Errors of omission .and typographical

he the with a‘vepy furnished

the General Chairman.’ Effective with the posting of

July, 1948, @eniority lists, protest of seniority dates _

for correction of dates or for addition. or deletion of

names shall. be opeu for a penod of thirty (30) days

from ‘datg of posting. All subsequent seniority lists

shall be open to protest for a period of fifteen (15) -

days from date of posting, but: if the seniority date on

a list is not protested ‘within the prescribed time limit

ifter the initial appearance’ of a tame on a list, such

date shall stand as-correct and official on all subseqive mt

lists. Any émployee on leave, on special assignment,

¥ ina laid-off status, on vacation, or on sick or injured

nbsence at the time of pesting shall have a period of

fifteen (13) days, from the date of his return to service

TC | to file a 1 test, or the balance of ‘the original correc-

tion perigd, whichever is greater. Except as herein-

_atter provided in paragraphs (3), (4), (9), and. (p):

a : Peas Aes

f

of

below, if two (2) or more employees within a classifica-

_ tion have the sme seniority date, their names: will.

appear on the seniority list in alphabetical order. a

(2) The classes or crafts covered by this Agree-

rent will be grouped into four (4) general groups as.

ffol. 41-14} set forth below, with ‘a-separate seniority lst |

. ‘for each classification within a grotup, and. for the

‘purpose of computing and applying. seniority, it is

understood: that all, Company operations within any

city or metropolitgaarea shall -be considered as one

‘point, except at Kansas City, where two (2) poimts will

continue to be recognized for employees. in. Group

ae 5 aa ll |

Group, Now 1. : Group No. 2

Tad Inspector Receiving Inspector =

. Inspector °* 3 .Lead Stores Clerk = y

Lead Mechanic "Stores. Clerk

Mechanie eee

Mechanic Helper: °, , ;

Lead Ground Service gs ” =

Grotind Service, Helper } | .

Lead Fleet Service Helper

Fleet Service Helper ° baka

Lead Janitor. SL eee ‘

Janitor | : a vad

Group No.3 = / , ‘Group No. 4 — 1

Lead Commissary Clerk —. ,Lead*CWgo Agynt

Commissary Clerk +» Cargo Agent

‘Commissary Helper ) Sic adeer :

(3) ale y loyees covered by this Agreement who were

classifiva as Mechanic, Senior Mechanic, Master Me

ehanic, Lead. Mechanie, Inspector, or Lead Inspector

ogepJ angry 1, 1946, shall be credited with continuous

seniority .as a Mechanic from the date their name first

appeared on the Company payroll as a Mechanie or

higher classified. employee. This: seniority date shail

be both their system seniority date and their point

seniority date’ as a Mechanie om all future rosters,

“unless an individual has changed point location since

ave |

ao .

fied as ‘*temporary

— {fol. 41-15] mechanics &ave entered the classification of

: | Ge. ok 47

February. 16, 1946, in whieh ease the point senionity,

date will be the date of transfer to the new point.

(4) Employees covered by this be rreement who were

eclassified as. Lead Inspector; hispéctor, or Lead Me-

chanic on May 15, 1946, shall bie credited with actual

days worked within the respective classifications prior

to. February 16, 1946, and. shall be credited with co

tinuous seniority within the rA&pective classifications

from the date their name again appeared on the Com-¢«

pany, payroll in the classification on a job not ‘identi-’

” or ‘‘acting.’’ -If two or more

Lead Mechanie or Inspector on the same date, they will

be listed on the seniority list for the higher classifica-

tion in the same. order as shown on the Meehanice list.

This seniority date shall be both their system and.

point seniority date within the respective classifica-

tions on all future’ roster’, unless an individual has

‘changed point location since February 16, 1946, .in

which case the point seniority date will be the date

of transfer to the new fioint. . - >

.

(5) Employees . reclassified from Apprentice Me-

chanie or Junior Afechanié during the year 1946 shall

continue to have a seniority date of Jannary 1, 1946,

as a Méclranie’ on all future seniority ’ rosters in the

" same order as indicated on the 1947. seniority lists,

_unless an ‘individual has changed point location ‘since

January 1, 1944, in which case the point seniority date

will be the alate of transfer. ©

(6) Employees whe were classified as Apprentic e

Mechanics at the time of entering the military or riaval

service of the United States prior to January 1, 146,

upon re turn to Company employment under the provi-,

sions of paragraph (f), Article. XLII, if subsequently

reclassified to Mechanic, shall be granted 1 seniority.

date of January 1, 1946, AS a Mechanie. This ‘seniority

date will not’ govern th@ pay status of such employees

and. upon reclassification they will’start at the mini-

mum pe rate of a. MeeRanic, and thereafter he sub-

jeet to\ antomatie progression based on actual time

spent inh the classification. Mechanic Helper Trainees

7 : LY : .

in the service of the ele ee 3l, 1948;

including those Trainees in active service and Trainees

> in laid-off status, will be classified as Mechanic on and

after January 1, 1949. After’ reclassification to Me

chanie, Trainees’ in the ‘active ‘service‘of the Company :”

on January 1, 1949, Will be permitted ‘to work .one :

(1) day‘as a’ Mechanic to establish seniority and then

laid off if jobs are not.av ailable. tow hich their seniority

will entitlethem. |

. (7) No seniority credit shall be transferred irons one

(1) of the above Groups to another under @ny condi-

tions, and all accrued seniority within a group shall

be canceled for an employee ‘accepting transfer to

ah i group covered ‘by this Agreement. ° The

- [fol. 41-16] seniority status of an employee shall not be

affected, howev er, if during a period of actual ly- oft -

from a group, as a result of force reduction, he. accepts

employment within another. group, unless he refuses

“to return, in. order of seniority, when the force is

again imereased within his original group and classi-

fication, =~ 3 | |

(e) Loss of Seniority:

~~

_ An employee will lose his seniority status and his lidioe

-will be removed from the seniority lists under the follow-

ing conditions : 3 id

(1) He quits or resigns. Sais

(2) He is discharged for just cause. at

(3) Ile does not inform the Compéiy in writing or

by telegraph of his intention to return to serviceWw ithin

. seven (7 days of receipt of a notice offering to re-

employ dn after a lay-off. |

© . (4) THe does not retureto the service on or “before

a date specified in the notice from the, Company after

a lay-off, which date shall be not prior to fifteén (15)

divs: after sending such notice’; provided that sub-

divisions (3) and (4) of this paragraph (e) shail not

apply te offers of témperary work. Any notice pro-

vided for in tiiis paragraph (e) shall be sent by Itegis-

tered Mail (return receipt reqnested):or telegram to

*

t | " : 0

\J

SRR

Le RTS )

Re fe

’ ' 49

the employee at’ the last sates 4 filed by chim with the

Industria! Relations Department.

(5) He is absent three (3) candi: work days

withoat notifving. the’ Cothpany, unless satisfactory |

reason is given. - - /

(6) He fails to return to work at the end of an au-

.° thorized leave of absence.

(7) He engages in gainful employment while on

leave of absence in violation of Article XIII (e).

(8) He is, laid off and does not return\o work for’ a

a of two and one- half years after lay-off.

(f) “Lote of ( ‘lassification § apg

41) 8 here. employees at point are. accruing

seniority in lower classifications at the same point and

are affee ted py a reduction in force, they shall be. re-

-auired to immediately exercise their seniority. in the

highest classification their, seniority will permit. Fail-

ure to @Xercisé seniority Within a classification will —.

cause loss of seqiority in the classification. iy ;

fol.41-17] (2) Any Lead, Inspectar, Inspector, or Lead_

Mec hanie laid off iff a reduct ian tn force at-a point and

acerning seniority ‘in lower classifications at another

point will be required tmexercise his seniority in the |

highest. possible classification within ten (10) days

_after actual lav-off or his name will be stricken inom /

the s@niority list of the lower classifications. in the>

order of refusal to’ exercise seniority. »

(3) Atiy employee reduced from a classification due

‘to a reduetionvin force and refusing to accept the

first job open in. the higher classification for which _

he is qualified at the point where reduced shajl have

his name removed from the seniority list for. that

classificatjan at the point.

(x) Reduction and Ine re ase of W rovidiee Force:

(1) Whenever the, number of employees in any’

3 “classifies ition is reduced, the reduction shall be by \

classifie ations accordmg to point: seniority; and’ the

of . _- . ’ a ‘ .

’ Tey ey ter i4 1, lan a4 SCAMrarite wn the rlagaifimatian will

Ee eae GN EE wyeeraa art cawe at aearre aes aaa ae Re aed Rees ne wanrae "+ abe

-he the first Jaid off. An employee displaced because

4-—5165° koe Roce ,

| ; stars

4 ; Sy

9

of a reduction in force may exercise point seniority in

placing himself on the shift of his choice in any job for

which he is qualified. In the event an employee is not

(ptalified for (ny classific ‘ation, he shall bé laid off. -

(2) Ten (10) Work days’ notice or pay therefor, at

the Comparry’s ogtion, will be given employees. affected

before a reduction is made, and a ligt of those to be

laid off will be furnished the Locaf Shop Committee and

the System General Chairman. Where there is tem-

porarily no work because of an Act of God, cireum-

stances oyer' which the Company has no control, or

-work- stoppages and. strikes by employees of the Com-

pany, it shall not be considered a normal reduction in

force and subject.to this provision, .

(3) In the restoration of forces, seniority will apply

fn.the reverse order, the senior qualified laid-off em-.

ployee in the classification to bé returned first. Em-

ployees laid off im a force, reduction will accrue all

Classification seniority but shall only accrue service

credit for pay. purposes up toa maximym of thirty (30)s

calendar days after date of lay-off.

(4) It shall be*the responsibility of each rn Fl

file with the Industrial Relations Department of the

[ fol. 41-18] © ompany and with the System General Chair-

3 ahite affected. ®

man of the Union a «omplete tecord of: his qualjfica-

tions for use in making proper determinatidghs of an—

employee’s ability in the future exercise of seniority.

(5) In ease of demotion due to-reduction in force,

continue to acerue point

om which demoted.

isplacentent, a change

the employee demoted sha

seniority in the Classification

(6) When, due to a seniority ¢

in an individual’s days off, vacation periods, or shift ’

irre" necessary, no noti¢& will be required. Like-

wise, in’ the event -an. emplé¥ee is to be laid off as a_

result ‘of a sehior employee exercising his seniority in-

bumping back, no notice will be required to the em-

(7) An employey reduced from a classifie: ation shall

“nh ~ eoantinne to’ gecTue service for. pay purposes in the

higher. classification from which. reduced, but pon

return to the higher classification will be: ‘paid not less:

WAY CT Bini ee eh

r *.

pT a Se Met as es Cie

rh

(h) General:

>

aa + el 51

than the dowry rate applicable for prev = accrued

service, ;

(8) Employees laid: off on account of a reduction in

force will be given preft rence in accordance with sys-.

tem seniority at othef points on the system where

"vacancies ‘exist for’ which they are qualified, provide

that such employees make application: therefer, at the

time of lay-off, with the privilége of returning to their °

home’ station when the force is inereased anc? they are

entitled to be recalled. Any such transfers shall be

made without expense to the Company, but free non-

‘positive air transportation will ‘be granted the eni-

ployee and dependent .r embers of his family within

the continental limits of the nited States, to, the ex-

tent permitted by law.~—~ c

(1) Employees accepting*’temporary transfers to

such jobs as may be agreed upon*by the Company and

the Union fora period not to exceed three (3) months

or any extension thereof that may*be agrétd upon,

and employees accepting promotion to actual superv i-

sory positions ‘will continue -ta accrue seniority in the

classification at the point from which transferred or

. promoted. '

,(2) When’‘an. employee, goes toa hii 1er classification —

tfol. 41-19] within .a Group, he shall continue to aécrue

point seniority in the lower élassification at the point

from which promoted. This shall not -apply to em-

ployees in classifications below - Mechanic. in Group

No. 1. .

(3) Mechanic seniority will: govern in j RTD

successful bidders Tor Lead Mechanié or Inspector.

Inspector seniority will govern in moving into the Lead

Inspector classification and when Inspectors are not

avadable, Mechanic: se niority shall govern. Lower

classifications in Group No. 1 will be governed. by the

same policy, Le., diround Service Helper seniority will

govern in the selection of | fad Ground Service lieiper ;

Fleet Service Helpengenuiority will govern in the selee-

oS

| tion of Lead Fleet Ginitee Helper; and Janitor senior.”

ity will govern in the selection of Lead Janitor.

(4) The same principle of senierity*in moving from

a.slowee to a higher classification in Greups No™,

No. 3, and No. 4 will be applied as set forth in para-

graph (h) (3) above to govern ¢ classifications below

that of Mechanie.

(5) When anemployee moves toa higher iimttien.

tion. under the terms of. this Agreement to fill a tem-

porary or bulletined job, he Shall@coutinue to acerue

- _- seniority in the lower classification at*the point from

‘which promoted, and. in case of subsequent demotion.

from a bulletined job due to reduction in force, he: shall

\ continue to. accrue point seniority in the, classification

at the: point where demoted,

(6) Point’ seniority shall apply in the selection of

shifts and days off within a classification within a de-

partment. It may be exercised anly in case of bumping

a due to a reduction in force cr_av hen. an opening occurs |

In preparing days off and shift schedules, the Com

pany will determine how many employees are needed

on 4 shift and the determination will be.based on the.

"yh ‘of work needed and the classification,

Geographical Relocation

Tw the event of the geographical relgcation inf whole or

in part of any of the work performed by \npfoyees covered

by this Agrcvment, the employees aifec

an opportunity to teansfér to the new lecation at C ommpany:

“Tfol. 41-20}. expense in ac core with the policy as set

forth in the Policy arid ProcA®ire Manual and given full

credit for their accumulated classification seniority at the -

point to which the work is transferred in whole or in part.

It is understood that the increase or expansion of facilities

at a particular point that does not Hiveles a reduction in

jobs or facilities at another point shall not be construed as

a geographical relocation of work in whole or in part.

5 ° o : 4 D .

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“ will be given.

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a eae, "Article VII ' eR See

Hours of Service :

- (a) Bight’ (8). consecutive hours, exclusive of a lunch

period of not to. exceed" thirty (30) minutes, shall consti-

elute a stapdard dayv’s work. °

(b) Forty (40) hours, consisting of five (5) eight. hone

days, werked within seven (7) consecutive, days, midnight -

Sunday to midnight Sunday, will constitute a standard

work week. Each employee wil have two’(2) consecutive

days scheduled as regular days off in each work week, amd

the only\deviation ‘from this practice of two (2) consecu-

. tive day s Wtf will be where under the Jocal schedule adopted ,

oa

it is found nécessary to rotate.scheduled days off and in

order to repeat the schedule, deviation is necessary. At?

overhaul bases .every effort will be made in the future to .

errange work se hedules to allow Saturday. and Sunday as

regularly scheduled days off. -The fixing ofa work schedule

allowing part of the employees of a facility Sunday, of oye

week ,and Monday of the following wegk as regularly .

scheduled days: off will not be deemed a ‘Biolation of this

provis sium. Five (5) days’ notice must be given of change |

in the schedule of days off. ,

(+) When only one shift is etnploy ed at a particular sta- -

tion’or fae lity, the starting time.of the shift will be not

earlier than 7:00 a.m. and not later than ’s: 00 a.m., and all

employees will be alldwed a luneh period of not to exceed

thirty (20) minutes within fhe lifuits of the fourth and fifth.

hour of the shift, subject to paragraph (f) below. - ‘

(ad) Where two shifts are eanploved, the starting time of

the. first shift will be governed by Section (c) above, and

the second shift will start thirty (30) minutes before the

close of the first shift or immediately following the first

shifty or in the alternative, at 8:00 p.m., and the same

allowance: for lunch period shall be provided as in the

[ fol. 41- ae case_of-only one shift, subject to paragraph

(f) below, , ko Sa

(ek W ‘2 re thhee shifts are‘ employer the starting time

of ihe tirst shift) shail be woverned. j vv se ation {e)} above; :

the second shift will start thirty’ (30) niinutes before the

close of the first shift; and the-third shift wili start thirty

‘@ JF : ae

if a ; : 5 s ~ ¥

° . >

bs (#0) minutes before the close of the second ‘shift, subject a

- to paragraph (f) below. 7 —

(f) Deviations from paragraphs (©), (d), and (@) above | |

in this Article raay be nrade’ at any station-when the Com- 4

~ gpany ‘and the Union agree on a change in Scheduled shift: :

2 fimes.. 3 j 4 .

“ -(g) Working shifts shall be s« che ‘duled. and posted atéach .,

station or facility.

(h) All pees Se will be granted a ten (10) minyte rest é

period during. the first half of their shift, and ten (10) ;

minute rest period during the’ second half gf their shift a

without loss of time for the purpose of relaxation, smoking, 4

ete, and a five"(5) minute period as a personal’ cleanup “¢

period prior to quitting time.: ; : ..

(i) No employee will be called to work or required to @f

report for work for less than eight (8) hours’ work or pay, 4

‘therefor, exceyit w here re’ ‘alle d after completing’ a, regular _

shift of eight (8) howrs-or more. Emplovees regulasly in 4

the service of the Company will be consfdered as required 7

_ to report for eight (8) hours’ work on their scheduled work :

days unless notified by the Company before the clos of the

last shift worked, or af least sixteen (16) hours before the 4

‘start! of their regular scheduled, work shift, whjchever — ~

period is shorter, that there will temperarily be no work q

because of an Act of God, circumstances over which :

- Company has no contro’, or work stoppages and strikts ©

sby employees of the Conipany. Any employee not notified = >

by the Company, ar&l as a-result reporting for work when i

there is temporarily no work because of an Act of aie

cireumstances over which the Company fias no“control, 2

Jecause of work stoppages and strikes by employees, of the L

@M@mpany shall réceive a minimum of "our (4) hours” pay, ¢ at =

his regular hourly rate. 3

-(j) Employees who, bec nee of the requirements of the 4

service, are requested t@ start their lunch period prior to

the fourth hour of their shift or complete their lunch *

reriod after the fifth hour of their shift will be allowed a «3s

es

thirty (36 ') quinute lunch period is close. to the regular

iio period @s possiiie and paid for same at viraivht Lime

(fol. 41-22] rate in addition to their regular straight time 3

. shift compensation. - Bvery effort will de made to ayvlow

Sec ane as

\e

55 -

the employees their lunch period within the limits’ ofethe

fourth and fifth hours. In the event that the employee does:

not eat at all during his’ regular shift he will receive

‘ compensation for the lunch period at time*and one-half,

provided that the provi sions of Article VIII (a) do not

apply in this event.

Article VII

*

Ov ertime and Holidays

(a) Overtime rate of. tigre and one-half, co: mputed on an

-actual minute adjgisted to the nearest tenth of an hour -

hasis with a minimum of one (1) hour overtime, shall be

paid for ail yf performed in’‘excess of eight (8) hours in

any one day, for all work performed either in advance of or

after. regularly scheduled hours, and for all time worked on

one of the’two regularly se heduled days off each work week.

(1). ‘Overtime: rate of double time-shall be paid for all -

hours in excess of the first, eight (8) hours worked, on one .

of the. two (2) regularly scheduled days off. each work |

week, for all time worked on the second regularly scheduled

day off in a work week if the first regularly scheduled day -

off has been worked, and for ‘all time worked in, eXCeSS of

twelve (12) hours in any twenty-four (24). hour period

except when. an employ ee, after bidding, voluntarily .

Satie shifts. For overtime pefyoses; the twenty-four —

(24) hoy ” ‘riod shall begin with ostarting time of the

omplar Ce's regular assigned shift. —

- {e) W ork in excess of eight’ (8) hours in any twenty-

four ¢24) hour peried_as a result of rotation of shifts s shall —

he paid for at straight time rates for the second eight (8)

heave or portion thereof worked during such twenty-four.

(24) hour period, provided that not less*than seven and qne-

half (714) hours shall have elapsed between the .quitting

time sf the fivet- shift and the starting time of the second -

ship ot ; ; .

(a) Employees ‘covered hy this. Agreement. will observe .

the fllowing holidays: New Year’s Day; Washington’s’

9

Birthday, Memorial Dav, Independence. Day, Labor “Day,

Th: mnkeoiving Dae, and ¢ ‘hristmas Dav. Should aly of

the foregoing holidays fall on a Sunday, the dav observed

by ihe state, vation, or by Presidential, proclamation shall

56 | oe pee cP | : °

be-considered a holiday. Any employee required to work 4

(fol. 41-23] on any of the foregoing holidays shall be @

compensated at the rate of double time: = _ 2° @

(ec) Employees not réquired to work on‘the above-men- . of

tioned holidays will be compensated for the day at eight 4

fS) hours at straight time gite unless the employee volun- 4

‘ tarily lays: off the scheduled work day immediately pre-

ceding and the scheduled work day ‘immediately subse-.

quent to the holiday; provided that absence due to condi--

tions beyond the employee’ s control shall be sullicient to

- warrant the Company. to pay for the holiday.

(f) Overtime shall-be distributed as equally, as es Sa

among all qualified employ ees at the location or in the de-

-partment where overtime is required, and employees will

not be required to suspend work during regular working

‘hours to absorb overtime. . a

(g) Except in an- emergency; an employee will not be

required to werk overtime against his wishes: ;

{h): When an employée covered by this Agreement. has

‘béen relieved for the day and is recalled to work, he will:

-be paid not less than three (3) hours at the overtime rate

appltcable ‘for each eall. : 2 ;

(i) -For continuous ‘services after acl working hours,

employees will not be required to work more than two (2

hours without being permitted to gosto meals, and. emplay :

eés will be allowed a thirty. (30) pants period | in which

to-eat’ without loss of time.

(j) No.overtime ‘shall he worked except by direction of

the proper supervisory persennél of the Company, except

in cases of emergency where prior authority cannot be

_. obtained: . ° arise aa

‘(k). There shall be no. pyrimiding x of the overtime rates

provided. for in this Agreement, d no employee: shall

receive mpre than Aouble the dont ieht. tinie rate for any

hours wofked. a. aN

(1) Erfployees shall be given four (4) hours’ notice .of

contemp ated overtime work, except in cases of emergency,

‘and at Line Stati ons where inte rruptions in flight schedules

make-a four (+4 hour notice impossible. hig” Perera a

\ . ~~

’ Article IX

eee _\ Field: Service

(a) Employees cov ered by this Agreement engaging in

emergency field service ‘a ray from their base station to

| fol..41 24] restore dirplahes or equipment to’ service shall

be paid for such work on the same basis as paid at their .

base station, with a minimum ‘ef eight (8) hours at straight

time rate, including any premit ns to which they are’ regu.

elarly entitled, for each tw enty-foty (24) hour period away

_ froin the base station. \ Spee FY

(by All time spent in ‘Geaveling om waiting ipomdket ion

with emergency -field service as definad in paragraph fa)

above, ineluding hours in excess of eight (8) hours in one

day, will be paid for at straight time rate, if cluring. the

current twenty-four. (24) ‘hour period no Work is required

hefore or after traveling, and it is not an et Mm loyee’s regu-

-lar.day-off or a hohday- er pees. !

(tc) All treme spent in travel, waiting, or working at Cori-

lars direction on scheduled days off, holidays, and in ex-

ess of eight (8) hours on scheduled work days whén work

is required, will be paid for at the: overtimé rate. appli-

cable., Tlowever, ‘if travel is interrupted for any reason ind °

“, emp shov ees are released - by written order through an agent

of the Company for five ( (5) consecutive hours or more,

they shall not be paid: for the time released, but in no event”

ES shall any employee’ receive less than eight (8) hours” pay

at strfight time rate for any twenty-four (24) hour period

Ww hile away ‘from his hase station on field emergency serv-

100, :. : |

(d) Upon completion of emergency field. service, ‘employ *

ees shall return to their home station in accordance with -

° the orders received at the time they left. their home station,

or in accordance: with the orders ‘ they receive from the

person to whom they are ordered to report in the field, and ©

_ shail be compensated for the réturn trip in accordance with

* the provisions of paragraphs*(b) and (ec) above. ;

fe) Emplovees called frong home for field’ service after

completing ther re egular shift assignment, or on a reguiar

a day off, will be alloweéd.one (1) hour as preparatory -time

— . in’advance of scheduled departyre time at the overtime

°

. at. his :

(h) Where transportation, laundry, meals, and lodging

oo

58 Se hig : rae eae

; rate, In all possible cases they will. be notified at least two

2) hours before departure time, . |

(f) Employees temporarily transferred at C ompany re-

quest from their home station te some other point to fill

temporary -vacancies. will be paid in actordane with para-

& "

graphs (by and (¢) of this Article. for the timp necessary |

[fol. 41-25] to travel in- connection with suct temporary

otransfer, and shall. receive necessary and reasonable. ex-

_penses for transportation, laundry, meals, and lodging in

accordaneewith paragraph (h). of this Article.

(2) W Shen employees are. away from their home station

filing temporary vacancies, at ( ompany request, they shall.

be paid straight time and overtime in. aceordan¢e with the

provisions of this Agreement, based on the shifts as schee-

ulec at {he | location of the témporary vacaney, but in no

event shall they receive les¢ than eight” (8) hours’ pay for

each schetluled work day with a minimum of five (5) days

each work\week, if the employee is available for work. It .

is understdod that the Company may schedule employees

to take theik regular days off each week without compensa-

tion except ‘for reasonable and neeessary expenses pro-

vided for in tliis Article,‘and it is also understood that no

employee wf Yeceive less compensation: per hour while

filling a temporary vacancy than he woyld receive per hour

lisme station. - : ’

are not provided by the Company for employees on emer-

gency work or. filling ten porary vacancies at ( ompany Te-

quest awaxgfrom fheir buse station, necessary, and #eason-

able expenses will be allowed. Upon applic ation, an em-

ployee will be given an advance by the Company to cover

his expenses while away from his hase station. -Hxpense

reports shall be submitted by the employee not later than

five (5) days after the last da } the, period covered. Re-

poris cove ring actual expenses shall be submitted for ten-

day periods as follows: Ist to 10th, inclusive; 11th to 20th,

inclusive: avel UIst to last day of month, ine lasive.

(i) When an Grmaplovee covered by this Agreement re-

MOIVES Ul Spec tal assignment to attcone d tr aim! ns classes ney.

taining to his work, or to fulfill other special assignments

“not constituting emergeney field sérvice or the filling of-

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temporary vacanciés at ¢ San request, he shall. wefeive

compensation not to exceed eight (8): hours Deg day for the

timé spent in traveling or waiting, at the employees

straight time rate. If such special assignment involves

traveling ‘after completion of his regular work .for. the

day, he shall receive the applicable overtime rate for the.

Arst sueceeding eight (8) hours of traveling, and waiting.

tion of the seniority provi isions of this Agreement providing

‘fol 41-26) has

)

A rticle a ce

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Vacancies and Bidding —

°

(a) A vacancy shall- be any job (temporary or perma-

nent in nature) which cannot he: filed through an applica-

for restoration -of forces,

2

4

a

tb) Temporary Vacaficir 8

-*

(1). A vacancy of. not ‘to exceed thirty (poy. days

contemplated duration will be considered sacha

in natufe-and will not be bulletined. Such vacancies,

“however, in Group No. 1 for Lead Inspector, “screen

Lead Mechanic, Lead Ground Service gen Lead

Kiet Service Helper, and Lead Janitor; G oup No. 2

, fer Steres Inspector and Lead Stores ¢ be k.; in Group

No. 3 for Lead Commissary Clerk ’ Commissary

Clerk; and in Group No. 4 for Lead Coca Agent shall

be filled in aecordance with seniority within the re-,,

spective groups in so far as- practical. In the event

temporary’ assignment of work-is nee CSSAary within a

classification to fill'a temporary vacancy not involving:

the temporary promotion of an eliployee from a. lowe re

to a highér classification, the. assignment within the

classification will be made in the reverse. order of

seniority in.so far as practical, ~ eg ee

(2) Employees assigned ‘to temporary vacancies

will, upon diseontinuanes of such temporary jobs, be

returned, to their former jobs and status, if Such job

still exists. Vf it does not*exists he may then exercise:

paint seniority for any job for ~vhich he is. qualified.

(3) When employees: are temperarily transferred

from their-regular work to work of another classifica.

3 Z a

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t

tion, either at their home station or.ffway from .their — -

~ home station, they shall be paid their“regular rate or

the proper rate for the other classification, whichever *

is the higher, for all time ‘worked, ‘with a minimum of

one hour. For the purjosé of this ‘paragraph, it is.

understood that the work of Masfer Mechanic and Me-

ae Se

chanic shall be considered of. the same-class. *

- (4) In case of a vacancy in the classifieations named |

in‘(e) below, which is not expected to exceed. thirty (30) 3

days, the ( ompany may, seleet a qualified employ ee to , 5

{ili such vacancy on a temporary basis without ‘bul- is

{ol 41-27] ietining the job. In making the selection, due e

. consideration ‘will ve given ‘to seniority. At the end’. ae

of twenty (20) days, the vacancy, if it still exists, 4

. «ill bet reviewed by the loeal Union Committee and

: local Company management, and if it appears that the -

“9

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vaeaney will continue, for. an additional thirty (30) 2

days or longer, it will be balletined. - 4

~(e) Bulletined Vacancies ; 4

(1). All jobs for which a. premium rate is established, ”

all new jobs, and all vacancies of more than thirty (30) 4

_ days’ anticipated - ‘duration, except as provided. in (a) 3

: above, in the ckassific ations of Lead Inspeetor, Tnspee- a

e tor, léasd Mechanic; and. Mechanic will be bulletined *

; in all shops at each point..’ Such bulletin will state the.)

gontemplated duration of the: racaney, ‘the number of “4

jobs to.be filled, the classification-and type ofeach job, 4

“the station and department locatipn, the. ves hourly. |

rate.or py taium rate at which the job is rated, the date © |

the successful bidder is-expected to. report, and shall My

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specify: a final, date after which bids will not he co--

sidered. © Such date sball-hot be: less. thati ten (10)

oe calendar days after, the bulletin. is posted. /Job va-

‘vancigs involving. the | classifieations of Lead Ground

Se a A Helper,.-Lead - Fleet Service’ Helper, Lead’

. Janitor, Stores Inspector, Lead Stores Clerk, Stores - .

Clerk, Lead. (‘ommissary Clerk, Commissary Clerk, a

and * Lead fg edn ‘Agent will be bulletined in [like &

manner, but only at the station or location involved. :

.Fleét Service Helper hids:may be « opside ‘red on Ground

Service Helper vac ancies. op sige

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. (2) An employee bidding’ for more than one (1) va-

. cancy shall indieate the order of: preference on. each,

“ * bid, and jf he is the senior bidder for more than one «

4 (1) vacancy, he shall have the opportunity to qualify

7% - for only: the job ranked highest in his. preference. “All

bids will ®e made. in four (4) written copies, with one

a : copy furnished-to the employee’s immediate | super-.

3 visor, one ecoty furnished to the Company’ official int:

eS: . charge’ of bids, one topy furnisked to the local Union

“2 *. represe ntative, and one copy reTained hy the bidding ”

- | eusployee. ae :

# (3) After an ‘employee has’ been chosen to fill a

PE bulletined job, the proper official of the Company shall,

4 (fol. 41-28]. w ithin ten (10) calendar days after the closé

“4 of fhe builetin, mail to the General ¢ ‘hairman ‘and all |

sh@ps and locations a bulletin to be posted on the bulle-

si tin hoards, showing the. name of the employee selected

= to fill the job amd: his seniority date. |‘ ee

2 (4) If the successful biddex for a hulletingd» job is

_ _lovgted at some point other, than the point where the

4 “Inffletined job is to be filled, the Company will furnish

3 free non- positive transportation for the employee. and

4 for the dependent. members of his immediaig¢ family,

A to the extent permitted by law, from the point from

- which hé is transferring to. tue location of the bul-

as _ letined job. Stor oe BF eet

2 : (9) A‘successful hidder shall hold the: job go: which .-

5 assigned for a fair-and reasonable -period Aine not

i

to exeecd ninety (90) days on. a*trii al basis in order

to demonstrate his ability - to perform .t the work re-

“quired, unless the job is, found to be not as repre sented

in the bulletin. In case the job’ is found to be not as

represented. in the bulletin, the e1 mylovee may re ‘turn at

Company expense to his former loc ation and assign-

“ment. During such Yrial period, if the employee ‘is

| ES by the job, he will be privileged to okerci 18e

ee. seiprity Zat his previous, Ouiae hy displaci ing

oniy the emplovee with thre least seniority in bis chassi-

fication holding a regular assigned job, and for a

period-of six. (6) months thereafter his bid for a va-

~

unable. to demonstrate ability to perform the work *

¢

———

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hig | i

caney in the same or a higher élassififation for which

he was unalde to demonstrate ability will not be -con-

sidered. | — si ‘i

() During the interim require id to bulle tin a Va-

eaney, the Company may select an employee to Sill the

vacancy temporarily; and the employee selected shall .

receive his ‘regular rate of pay or the rate of-the ‘job, |

whichever is the higher, for sucli assignment. The

selection will be rade from-qualified employees at the.

point involyed, if possible, with due consideration for

.

‘seniority. : » ive

At) In the event a vacanc y in the classifications’ COV-

eted by tRis Agreement w hich are subject té6 systeny

seniority exists at aiiy focation on the Company ’s sVs-

tem and ne- qualilied ‘eimployee at the point bids, sys-

tem bids will be considered. There being no system

pids¥ the _ ompany. may -hire a new employee into the

7~dassification atthe location or shall. have the right

[fol. 41-29] to -seleet to fill such position any qualified em-

plovee at any lov ation willing to accept transfer, at the

C ompany 's expense.

(8) Any employee named as -<asye cessful: bidder for

a bulletined job and refusing to deeept the job. will

‘not be permitted to bid for another balletined job for

a pertod: of six (6) months from: the date of refusal,

unless the job is proven to be not as represented i in the

bulletin. - .

(9) Mechanics, Le a Mechanies, or Inspectors de-

clared suecessful bidders is. at Nigher -classifieation at

some ether point than the one at which they are located

will continue to acgrue seniority in the lower classi-

fication: at the point from whieh they did. In case of

subsequent displace ment from the higher ' classifica-.

tion at‘the new pout, they’ will exercise their seniority

by returning to the Drigmal point’ and displacing any _

employee with less seniority on any shift. of their,

choice. Int such. eases, free space- available tre inspor-

tation will he furnished the. employee and dependent.

cnemhers of his: immediate family by /the OTYAny,

AIL other expenses will be borne by the employee.

(tO) After April 25, 1948, any Meée ‘hanic declared |

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successful bidder as a Mechanié at some otheg: point

- than the one-at which he is located, will continue to

7 ’ accrae seniority as a‘Mechanice at the point from which

he bids for a period of one (1) year thereafter. In.

cise Of lay-off in a,reduction in ‘forced at.the new point

during. tha t vear,he may exercise his se niority at time

«of lay-off by returning t& the original point and -dis-

—. © ydacing any employee with less. seniority on a jok for

Pe which he is qualified. «In sueh cases, free space-avaire

* * able, transportation will be’ furnished the. employee and

EJ dependents members of his immediate family by the /

Company. All- other expenses will -be borne hy the

employee,

= (11) No ee oF he. studio’ to acvept a per-

4 manent. tr unser against his wishes.

a (12) It is the recognized policy of the ompany to

Ss promote its own- men to ‘supervisory positions inso -

-.-. far as possiblé,-and only when. competent employees

>, - ployees will not aecept vacaticies or new positions, wil

|

é

EERE ITB 6 NSEC bhakti hi ERMAN NAN st BA a RW NTE ENE Ce

“

policy. 7 /

[ fol. 41-30] SD he fae

# Grievance Procedure *

(a) Representation . eae aye

/

disputes or griev “ance that may arise under this Agree-

ment ghall bes’ a a RS Bagater 7 a

(1) The Union will be represented by . properly

i sre. Yate

tion thereof, for eae h shift at-each joint on the’ system.

; In addition, the Union will be-represented by a ‘Local

: ie _ Caminittee consisting of not more (than three (3)

| mémbers at each point, ene (1) of whom shall. be

— flesignated as Local Chairman.. Where a metrovolitan

i aa ‘be. separate stewards and i 1 sepatate (‘ommittee at

each location. . , . ban

is

a dena

cannot be. found in the ranks, or when eompetent -em-

it he the disposition of the Comparty to vary from_t this

The representation, for presentation and adjustment of |

fe ‘signatect stewards, one in eath department ‘or see-

area with more than one leeatior is involved, there mav

fo.

G4

|

3 oy yee Rogeertactins,

rk . t

(2) T he Union will be furtherarepresented by a Sys-

tem. General Chairman for dealing with» Division,

tegional; or Gene ral Qilicials of the Company.

(3), The Company will be represented at each senior-

ity point by an ‘authori Lne = oflicial who will be em-

“powered: to settle loeal grievances or disput@® not in-

volving a change in C att policy or changes in the

intent and purpose of this Agreement. *. |

(4) The Company will be further represented on a

division, regional, and system basis for dealing .with

the Union System Gene tal ( Tr arma or his designated

m presentative. |

(9) The U nion and the ( onipany will, at all times

keep the ot ther party advised, through written notice,

of any change in authorized representatives.

(6) THE System General Chairman, Assistant Syn:

stem Géneral Chairman, and #reagonable number of

Grand .Ledge Representatives of! the. Union shall be

permitted at any time to enter the fac ilities ef the C'om-

pany for the purpose oF investigating grieyances and

disputes after contacting the Company oificial in

charge and advising himof the purpose of the visit.

(7) It As agreed the Ution and the Company will

make every effort to kee PY a minimum the actual time

Marea. 31) spent in disposing of disputes or grievances.

When the stewards or-committeemen, are required to

lheauye their work for the purpese of investigating, pre-

Se nling, and adjusting grievances or to attend meet-

ings as, provided for in. this Artic fe, they will first,’

netiiy their immediate. supervisor,, if he i fis vate

of before leaving their work and, pit again report to him

upon their return. ~ ED.

(h) Procedure - i Brae RY .

* The gpric cedure for “presentation and a dis-

putes pr grievances that may arise between the

mpahy.

and the Union with reference to the interpretation or, ap-

J he:

plieatior ef any of the provisions of this Agreement shali

>

: oy | Step 1

(1) Any employee having a complaint or grievance

in connection with the terms of employment, applica-

tion of this Agreement, or working conditions, may

present his sonpiibek & or grivvance in writing to the

department steward whoFi in turn, will, Tf-in his opinion

‘the. complaint. or: grievance is. justifieds discuss the “

matter with the immediate superviwor of the employee. —

and endeavor to arrive at a satisfactory -adjustment.

Written decision by the supervisor in this Step 1 shail

be given the Union steward within two (2) work days

after presentation of. the. complaint or grievance in

writing. . , .

eas

. She : Step 2 :

Kansas City, si? Angeles, New. - ‘ork, New Castle

(2). At Kz angxgs City, Los Angeles, New York, and

New Castle, i P Wha decision in Step -1 is. not satis-

factory, the steward may, through the Local Commit-

tee, refer the matter to Ahe Company’s Industrial |

Relations Manager or his authorized representative--—~

atthe pa irticular point. The : appeal to Step 2 must 7

pe presented: in, Writing Within five (5) work days °

_after,the ‘decision of thé supervisor in Step 1. The

eon ustriat- Relationg .Manager or his authorized

representative to whom tlie matter is presented will

meet in yonference with the-Loeal Committee and

will dees decision in writing within five (5) work

slays af ter the grievance ‘has heen presented to him. |

. : gent .

: i ¢

—ffol, 41-32] . step 2A: ~ ie. ;

" All Other Points, - 7

“"(8) At all points: other than those designated in

(2) above, if the decision in Step 1 is not satisfac-

tory, the ste ward may, through the Local C ommittee,

refer the matter to thé next higher level of super-

vision foM™the particular point, if a higher level of

superv Isron is availatie. i? no higher jevel of sper-

Vision is available, the matter may be referred di-

Sah ae YY

rectly to the Regional Industrial Relations Manager

as provided in Step 2B. The appeal to Step 2A

must be presented in writing within five (5) work

days after the decision of the supervisor in Step 1.’

The supervisor to whom the matter is._presented will

meetin conference with the Local (ommittée and

will issue his decision. in writing within. five (5) _

work «days after the erievance has been presented —

to him. } | ers et

o ° ‘Step 2B Bs | ae

(4) If the decision in Step 24 is not satisfactory

‘the Local Committee may. refer the. matter to the

(‘ompany’s -idustrial Relations Manager .or -his

» designated representative for the particular region. °

The appeal te Step 2B must be in writing and mailed

within ten (10) work days after the, decigion of the

supervisor in Step 2A. THe Industrial Relations « <

a Manager to whom the matter is presented will issue

his decision in writing within, five (5) work days

after the grievance has been received by him.

ge ; ; apie

oo SE ones |

eee be the deciSioii ini Step 2% or 2B is not satisfac-_

tory, then appeal may be/made by the System General

(Chairman to the Chief Operating ‘Officer of the Caom-

pany or-his authorized- representative. Notice of in-

tent to appeal will be in writing and must be made

within ten (10) work days ‘after the decision in Step 2.

ar 2B, and the actual appeal must be perfected and

submitted within thirty (30) days from date oforiginal

notice, The deéision in Step 38> must. be given within ©

‘ten (10),work days after presentation of the grievance. |

in fhe thind step. 2 | , eet

(6) If the-decision in Step 2 is not satisfactory to

fob. 41:23). the. Unidn, the matter may be referred by the

-Systein General Chairman to: the, System Board of

. Adjustment -or, by mutual agreement, ‘submitted to

Loutestidn as provided in Article XE hereof.

(7) Grieva fos relating to matters general in char-

acfer which Aunnot be settled by an immediate super-

Ve my ,

»

«

.

e . a

*

ae

-*isor or local Union representatives shall be discussed

hy the Ine ustrial Relations Manager of the region or

overhaul! byse affected and tlie System General Chair-

man if siadh erie sae are subnggted In W riting hy

either of them. If a satisfactory -settlement is not

reached within ten (10) work days after the grievance

is submitted, such matters may be referred for han-

dling in ac ‘cordance: with the provisions of Step 3 to

the Chief Operating ‘O&cer for the Company or his

authorize’ representative, if submitted by the Union,

‘or to the International President. of the Union or his

authorized repr@entative, if submittec by the “‘om- .

pany. SN

(8) Any grievance not presented or appealed within

the time timits prese ribed’. in this Agreement, or such

eXtension thereof as may have been agreed Js, shall

be considered: automatically closed upon the basis of

the last disposition. Epc

(9} Grievances involving wave clainen saust be filed

promptly ‘after the cause giving rise to the grievance

is evident, and wage claims will not be valid ahd col-

lectible for a period eat r than thirty-(30) days prior.

to the date of filing the grievance or the date: the.

grievance arose, whichever is most recent.

\ ; i ae

(10) No employee who has-been’ in the service of.

the Company ninety (90) days or nrore shall -be dis-

charged without a Tair hearing before a designated

represe ntative of the C ompiny. other than the one

ringing complaint | avainst the emplaree. Suspen- |

‘sion from. the service of the Company piending.a hearg

ing, which shall he prompt, shail. not be deemed a viola~

don ef this rule. Ata re sonable: time prior to the .

hearing, suclyemy" ee and his duly authorized repre-

sentative will be apprised, in writing, of the precise

chagge and given a ‘reasonable opportunity to seeure

‘the presence of necessary witnesses, If a stenographic

report of the investigation is take; the Union Com-

mittee or Tepresentapvo will he- urnished a ‘copy.

ru bin tives t: v) work

o

A weet }.

re writtei decigion e si by: hy rewnedt

[ FoR, ASS] days after the close of eye ‘h hearing’. Tf the

decision is not satisfactory, tlTen appeal may be made

- As

‘

?¢

in accordance with the procedure prescribed j in * Step 2.

(11)-4f it is found that an employee’ has ‘been un-

justly suspended or dismissed from the service, such

employee will be reinstat®d with his seniority rights

unimpaired, compensated for all wage loss, and his

service record cleared. ae rf 4

(12) The Conipany Will not’ discriminate against

any witnesses called to testify in any: hearing or in-

vestigation called by the Company, ‘and if any. em-

ployee witness is located at some other point than ‘the |

point Of hearing, employee witnesses and Union ‘com-

mitteemen will be furnished: necessary free non-posi-

tive irknsportation over Company lines. .

— (13) Ail hearings and investigations will be con-

os ted. during regular day shift working hours, in so

far as possible, and stew avds, committee members, and

@ sic employee witnesses shall not suffer loss of

}

tions, :

9

(¢) General Soe a *

(1) dt is unde reteod the System Gene ‘ral Chairman:

-or his authorized. representative | may inte rvene and

participate in the handling of a grievantve or dispute

itt any level of the grievance nee ee hi Pay tik

(2) Probationary *employees (new employees of less -

than ninety (90) dave’ service) covered by this Agree-

ment shall not have recourse to the grievance proce-

-dure in the event of discharge or suspension within

the prokationary period.

13) For the purpose “of computing work days i in con-

nection With provisions Of this: Article, only the calen-;

( ‘ounted.

Cc - ©

“dar days’ ee through Friday e: eck ‘h. week shi all be

i .

A rticle i.

“Sy ste m. Board of et

“ay In compliance w ith See ‘tion 204, Title 1, of the. Rail-

_~ vy

uy

ahor \ nt os An lL. m= * b 3. ?

AER 2h be as a The ‘Titat d, +e it io BEES wy — ataltiatis i

S¥iste m Board of At Hastsont for the purpose ot ml justing

and deciding disputes oy grievances which may arise under

while handling grievances opattending i investigd->

rar

Wate Sg AEG ES GNIS eas CA HS De AE ORG WG CE

:

RE ME ene

SRE

PRT oe kg PS

°

aed

PRE RL Se IS

Fes ene 4 So

- 9 a/ .

the terms.of this Agreement and which are properly sub-

<aie Pes ge |

a eee Mike

LIOR REL

: s

Diy roa ORR LEP AC Sel ahd ane ent ea a ea

Pace FORMAT AVP ERE GIs BS RR ASA

eee AS ee

go.

BS

; iy: SE ieee

Ponds Pi BREE

[fol. 41-35]. mitted to it aftér exhausting the procedure for.

settling disputes, as set. forth under Article XI. However,

.by mutual agreement, any case. properly referable to this

Board may be submitted to arbitration. instead of to the

Board. @

(b) The System Board of Adjustment shall consist of

. four (4) members, two f2) selected by the. Company. and

&

two (: ») selected by. the Union. ~ ¢

(ey Members of the Board will serve for-6ne (1) year

from ie date of their appointment or until their successors

“h@ve been duly appointed. ‘Vacancies in the membership of

* the Board shall be filled in the same manner as is provided

herein for the selection of the original members of the.

Board.

(d) The Board shall have jie tion over disputes be-

tween any employee covered by’ this Agreement and the

Company growint out of #vievances or out of interpreta-

tion & applicatios “o{ enay of the terms of this Agree-

ment. . The jurisdiction of the Board shall not “extend to

proposed ¢hanges in hours of. employment, basic rates of

compensation, or working conditions covered by this A gree-

‘ment or any amendment hereto.

(e) The Board shall considér any dispute properly a.

mitted to it by the System General Chairman of the Union

rate the ( hief Operating Ofiicer'of the C ompany, or his

th

orized representative, when such dispute has net been

previously” seitled «in ace ordance with the terms prov ided=

t

for j yn this Agreement. * ae aha fe

(f)- Appointments of mémbers of the Board shall be

made by the r respec tive parties within thirty (50) days from

the date of the, signing of this Agreement, and said ap-

Apointees shalt meet in the. city of Kansas City, Missouri,

awtthin fotty-ffve (45) days from the date of the signing of ©

this Agrea@ment and shall organizy and sele¢t a Chairman

andsa Vice Chairman, both of whom ‘shall be members of

the Board/° The terms of office of. the ¢ ‘hairman and. the

View € hairpian shall be one (ly vear, ee

: Thereafter the board shail designate one of tis amet: rile: is

to uet as Che urman and dne th act as Vice Chairman for

one (1) vegr terms. Kach officer so. selected shall serve for -

2

70.

one (1) year and until his Auecessor has been duly Selected.

The office of Chairman shall be filled and held alternately

by a Union member of the Board and by aC empany mein-

. ber of the Board. .When a Union member is Chairman,

a Company member shall be Viée Chairman, and. vice

{ fol. 41-36] .versa. The Chairman or, in his absence, the

Vice Chairman. shall preside at meetings of the Board and,

at hearings and shail-have a vote in connection with all

actions taken by the Board. After the organization meet-:

_ing referred to herein, the Board--~wil thereafter meet.ing

ithe. city where: the general offices. of - Transcontinental &

Westert Air, Inc. are maintained (unless a different plate

of meeting is agreed upon by the Board) during the nina

week in June and the first week in Deéember of each yea

provided. that at such times there are cases filed with. the

Joard for consideration, and shall continue in session until

all matters before it have been considered, uniess 8 oth Crwise

mutually agreed upon, -

(g) All disputes properly re ferred to the Board for con-

sideration shall -be addressed to the Chaixman,: ‘and’ notice

thereof must be given in writing within thirty (36) dys

after final decision in the layt step of the grievance pro-

cedure set forth’in Article XI. “Five "(5) copies of each

petition, including all’ papers and exhibits in connection

thefewith, shall be forw arded to the Chairman, who shall .

7 “promptly transmit one. (1) copy, thereef to each. member of.

the Board. Each ¢ ASE submitted shall. show :

1. Question or: questions at is@ue. = /

es

2. Statement of. facts. ; / lev

3. Position of employ ee or employ ees, *

4. Position of Company. e

When possible, joint submissions will be made, but if the

parties are unable to agree upon a joint submission, then

either anaes sulunit the dispute and its position’ to ¥he

Board... No matter shall be considered by the Board which.

jhas*net first Heer-handied in accordance ayith the provisions

of Article XL of this Agreement. — . SAE Seale

.

°

(h}) Upon reecipt ‘of not icy of the submission g&a dis-

put the Chairman shall sét a date for hearing, which

shall be at the time of thé next* regular meeting of the

‘

a

59%

. 1

eB

i Bipude) , r

a AYN REA AER

ite

Re ee Ce atin Siena Pol AERA Pa

Board or, if at deast ‘two (2) members of the Board con-

sider the matter of sufficient importance and urgency, then

at sich earlier date and at Kansas City or such other place

as the Chairman and Vice Chairman shall agree upon but

not more than fifteen. (15) days. after such request for’

Yneeting. is made by at'least two (2) of said members, and

the Chairman shall give the necessary notices in writing of

[fol. 41-37] suen meeting to the Board members and to the

parties to the dispute. :

(i) Employees covered .by this Agreernent may be. rep.

resented at Board hearings by such person or person

as they may choose and designate, and the Com-

pany may be represented by such person ar persong as it:

may choose and designate.. Evidence may: be pres

either oraliy or in writing or both: ©n requgst of 1

vidual members of the Board, the ‘Board may,/by majori®

_ vote, or slally at the request of either the Union members

or the C ‘ompany members thereot, eall any, witnesses ‘wlth

are employed by the Company and, who may ke deemed _

necessary by the parties to, the-dispute, or by either party,

or by the Board itself, or by either oe of members con-

stituting the Board. ‘

/

“(3) A majority vote of all members of the Boi d shail

‘be compete nt to make a‘decision. |

ferable to it khall’ be -final rin binding upon the parties e

hereto.

(IY In the event of a deadlock in the case of any Henete

propertly before it, it shall be the duty of the B oard to en-’

deavor to agree, within thirty (30) days from the date of

~(k) Decisjans{ of ‘the: Board in all casés properly re-

na

‘such deadlock, wpop. a procedure for breaking such dead-

lock: A majority vote of all members: of the Board: shall

he competent -to- reach such agreement and the agtion of

the. Board operating’ under such procedure shal’ he final

and binding et the parties hereto. “If, after the expira-

tion of aid thirty (30) days, the deadlock is not broken

.° or such ease is act otherwise disposed of, either party may,

notify the other ins writing that the serv jees of a referee

are desiré. Within ten, hay) days after” sue +h natifieation,

ef FS ESE HH 4

; . ; *

*thNmembers of the Board will ende favor ta select a referee.

Auy referee sogsclected stfa H sit with the Board ya member

. + . S17 2 . : ; . *

72 Macy ark , ee : Bs

“J

thereof in ‘the subsequent consideration and dispésition of

the case

- W ithin thirty (30) days after the selection of the referee

as-provided above, the Board and the referee shall. con-

sider and review the prior record in the case and may call

such additional witnesses and reaeive such addjtional | eVi-

dence as the’ Board may deem necessary. Hither party may

make written request to the Board for the privilege of pre-

senting additioggal witnesses ox document ary evidence, and

the Board, with the referee, may, at their diseretion,: per-

mit such presentations. The decision of the Board shall

(fol. 41-38] be rendered within ten (10) days after. the

close of the heaying, and a majority vote of the-members—

ce the Board, in uding the referee, shall be necessary to

each ‘such decision, Which shall be final and binding upon

the parties héreto.

“.,

eee

The exp@nsce and reasonable compensation’ of: the referer

selected as provided hereiu shall be borne equally by the

_ parties hereto. The time limits specified in paragr aph.- (1')

of this Section may be extended by mutual a: igreement of the

parties to this agr eement.

(mn) Nothing herein shall be construed to limit. re niibelet:

or abridge the rights or privileges accorded either to the

employees or-to.the Company. or to-their duty accredited

representatives, under the provisions of the: Railway Labor .

Act, as amended. &

(n) The Board shall maintain A complete rec wel of ‘all

matters submitted to it for its consideration and of all find-

ing £3 and decisions trade by it.., ;

(o). Each of the parties here bb will assume the compensa:

tion, travel nent and other expenses of the Board mem-

bers selected by i ISIS atk appli est ts

(p) Rach ofthe parties hereto’ ‘will assume. the: cormpen-

‘sation, travel expense, “ayd other eXpenses of the witnesses

called or summoned hy it. Witnesses who are employees

; of the C ompany shalT receive non-positive freé transporta-

tion over ‘the lines of the Company from the point of duty -

oF assignment, to the point at which they must appear as

uw itmaccse nd roth tPerNM tr the oY tent yu mmittad hy law, *

”

aa ee ee 1° BR etaaeer

(q) @he Chairman and the Vice - Chairman, acting

jomtly, shall have’ the authority to incur suc h other’ ex-

So, aS Be

Soa agit <a

Rte ay Cn Te

ge

iy

a:

edo: ii

.

whats

pak

< ae

penses as in their judgment may be deemed necessary for

. the proper conduct of the business of the Board, and such

- expenses shall be borne one-half by each-of the parties

hereto. Board members who are employ ees of the Com-

pany shall be ‘granted necessary leave of absence for the.

performance of their duties as Bosrd members.

soard members shall’ be furnished non-jositive free

transportation over the lines of the Company for the pur- |

pose of attending meetings of the Board, to the extent per--

mnitted by Taw.

@. (r). It is understood and agreed that. each and every

Board member, shall be free to discharge. his duty in an

independent mianner, without fear that his: ‘individial rela-’

tions with the Company er with the Union may be affected

in any manner by any action teken by him. in good faith i ink

“his capacity as a Board member. |

| [fol 41-39) *.: Article XE. - :

Leave of Absence -

(x) “When tlie requireinents. of the s service Ww ill permit,

any employee hereunder shall, ‘upon proper application

and approval of the Company, be granted a leave of ab .

7 sence in writing for:a period not in-excess of ninety (90)

-~days. Under such leaves, the employee shall retain and

» . continue to ace rue § seniorit and the Union shall be notified

. of all leaves granted. A copy. of the leave of absence noti-

fication shall be sent to the Sy stem General ¢ ‘hairman.

| ( b) ‘Such leave or leaves may be extended for additional

ee periods not to exceed ninety (90) days when approved: by

4 both the Company and the Wnion, in writing, and ‘seniority

will acerue during such @gtension. = ———ts—=«CS |

(ec) Employees accept é fill-tinie employment with the

7 Union as a District Offeer or Grand Lodge Officer. or on

-special assignments in Ne interest of the Company. shall

he granted gan-indefinife leave of. absence by the ( ompany |

for the period so employed as long as this Union renAins

—* the exclusive bargaining agency,-of employees coverdéd by

- this Agreement. The‘empjoyees selected as System’ Ger

eral Chairman and his ASsist: vit shall have-all aawbares

be nefits that Ba asonablyNpe continued in effect during -

{ 3 4 4

i

de

e y

,

- tifrn. in w ritjng to the ‘Company: ateleast ten’ (10) di

~~ hogh-the C ‘ompany and the |

rights and his rhame willbe ‘stricken from the seniority

o .

their leAve of abser nee, Under such leaves, the employer:

shall continne to accrue seniority. . ily FS '

cd) Employ ees Yiereunder returning. from an ‘authiorized

. Jeate of absence or éxtension thereof: will be- returned to

the’ job held when thé leave was granted. If the. Job . :

Jonger exists, he may exercise his: seniority. An’ employ

returning from a leave: of absence must-give notice’ of re-

ptior to his anticipiatéd return.”

- (6) Any emptoyee herewnder or leave ‘of absence en-

xezing in. gainful employment not. provided for in para-

graph (e). above without .;)rior written permission ‘from

nion shall forfeit his, seniority

roster.

(f) SOE el ‘enlisting in, drafted, or’ *conkeripted”

‘for military or naval service in dik tense of the: United States

during an actual - period 6f war, or agy employee drafted

“or, conscripted’ by Act of C ongress. for, military or naval

training, shall retain his seniority rights unimpaired and

upon honorable discharge from such service shall be re-.

{fol. 41-40] stored to his former position or one. of equal

Tafing in accordance with the exercise: of. seniority rights,

provided he anplies for rejnstatement within ninety (90)

‘ilays ‘following his. dise harge from military: or, naval serv-".

ice. In case of temporary oF partial. disabili ity which. makes |

it impossible to return to:work within ninety (90) days

after discharge, ‘s special arrangements will be made by he

C omipany and the U nion gor a Proper, extension of time.

ae é ‘ ‘ 2 i

, ks Article XIV

Wikis Soca gt Oc Men er Scdeiy and Health | ? Saf :

0) Employ ees entering the service of the. C ompahy mity-

be subjected to aphysical. examination. ' The. cost ‘of any

such examination will be paid by thé Company. | .

(hb) The Company hereby agrees to maintain safe, sani-

tary, and healthful conditions at all points and to maintain

on ali shifts proper first aid’ eanipment, to.take care ofits

‘employees. in case of accident or illness.” The Company

#igTees. to furnish ood drinking water, and sanitary foun--

-

-

3

i.

d

. Ing an investigation by the

Ae ®

4 .

. >

ac song ; Yor,

‘ oe we 7 © Pere | ; 75.

S

tains Will be’ anita where necessary. The floors of the

toilets and washrooms will he kept in good repair aud: in ;

_ aclean, dry, and sanitary ¢ ondition. ‘Shops and washrooms

will, be lighted and heated in the’ best manner possible,. con-

sistent with the source of heat and. light available.: Lockers |

_will be provided for all eniployees within a reasonable time.

(ce): In order .to eliminate, as far @s possible, accidents’ -

and illness, an adequate. safety: commitgee will be estab-

lished at each point where advisable on the system, to be

‘composed,of an equai number of Union and Coynpany rep-

‘resentattvés. The Unien andthe Company. shall each ap-—

point. not more fhan three members. The ¢ ‘hairman of the

Local Safety Committee shall: he the Safety Manager,

’ wherever a Safety Manager is 7 ermanently stationed. . The

safety. committee ewill make: periodic: inspections for the

' purpose of seeing’ that all safety and. sanitary: regulations

ares complied with as _\well-as to: make- recommendaticns

for thagmaintenance of proper-standards. | as

-(d) N@employee shall He discharged or suspe nded pend.

td work on &.Job which is not reasorfably safe and, ‘or sani-

tary oF which might endai.ger his hes alth: 1.

{fol. 41-41] “(e) Proper aid modern safety devices shall

he provided for ali employees working On hazardous or

unsanitary w ork, suc h devices to be furnished by the C om-

pany.

(f) The Company will fyrnish ‘protective clothing for the

use of employees, pany wil to work ith acids or chemicals

| that are injurious to clothing and personnel. . Suitable rain.

‘suitor protective: outer garments shall-be kept av: alnble a at

_all-shops or points by the Company.

(g) Employees taken’ sick or ‘injured while at work shall

he given medical attention at the earliest possible moment,

and. employ ees will he permitfed to return to work without

signing Any releaseg of liability peneling the disposition: or

settlement of any cninr for daage or compensation,

jh) Wherever the Company ‘shall require -a sti dard

—covéerall, the”coverall will he furnished at <ompany expe nse .

and lander shall ve done at Company expense. | The

coveYAll-will remain the. property of the Company. ~The

safety committee for. refusing

me,

Company will make @vailable for sale to -employées all

o . , 3 . : . «

.

i]

A oe Soke Rie aN

items: of standard uniform at cost, and. the cost of coverall -

insignia and /its application to the coverall shall’ not be

o considered ag, part of the cost and the employee will not be’

charged therefor. New employees will. be issued a eap and -

emblem for which uo charge will be made, but the employee

must make a.deposit on the emblem which will be refunded

© ‘in the event hif ¢mployment terminates and he. turns in the

‘i cmnthers. 1 ee

“al ,

be ’

Sate es ‘Article xv nae i eames

Fri ree T ransportation |

(a) Employees, covered by this Agreement will be.

_gYanted the Same transportation privileges on the Company

systenr as may: be established by C ompany T reguletions for

all domparable’ personnel.

furni: shed: witli: transportation over the- Company’ system

within the continertal limits of- the Uflited States during

‘hi¢ term of office for use in connection with his work to the:

extent permitted by law.

(¢) Employees laid off by the ¢ oman in ina cedue tionof °

force who desire te seek employmen elsewhere will, upon

applic ation, be granted on one occasion tree, capt a non-

(fol. 41-42] positive: air transportation on the Co pany ’s

planes to any point on the system within the continental

_limits of the U nited States, to ‘the. extetitspermitted by. law.

Rae: Articl@ XVI

cae : = Wieations x Fs

(a) Employ ees whl he eligible for annual oak vaci ations

~ based on the number Of months worked duMng the, pre-

&

ceding: calendar’ vear and in accordance: with the rerula- °

\

tion hereinafter. set forth.

_(b) Vacation Allotment Schestale

" (1) The vacation jedr shall be ivan January 1 to

—_

- December 31. eo ;

’

cehoednied work days and pared ol. the number. of

’ “ months worked in the preceding calendar vear in ac-

cordance With the schedule below: =

‘

-

* a

{b) "Bhe Svstem General Chair man of the Union will be --

(2) “Paid facation allowanee will be computed. on:

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Wi 30, hak sabes BS

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