Transcript of Record — Woolley v. Eastern Air Lines, Inc. (No. 822)
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— SUPREM
tena nee------- —--------------------} == 48% t= —-b-
- SUPREME COURT OF THE UNITSD STATES.
OCTOBER TERM, 195.
xo, 822
PAUL S. WOOLLEY,
Petitioner,
versus
EASTERN AIR LINES, INC., ET AL.,
Respondents.
-—-——— oe oo
Petition for Writ of Certiorari to the United
States Court of Appeals for the Fifth Circuit.
a et ee a a ee A SAM ROMS DE SORSOGSOS ORO DSO eveonaaneaeoeaqaneesemun™ -=—<—-——-
Piaintiff’s Exhibit #1—Agreement between
Eastern Air Lines, Inc., and The Air Lines
Pilots in the Service of Eastern Air Lines,
Inc., etc., Effective July 1, 1954 ..........
Plaintiff's Exhibit #2—Letter, Paul S. Woolley
_ to §. L. Shannon, dated 7/28/50 .........
Plaintiff's Exhibit #3—Letter, Eastern Air
Lines, Inc., to Capt. Paul S. Woolley, dated
DIMI i in'cc nb iene cbWesanscccastincoses
Plaintiff's Exhibit #4—Decision of the Board of
Adjustment, dated 8/1/56 ............--
Answer of Defendants, Air Line Pilots Association,
International, et al., to Complaint ...:.......
Exhibit “A”- Hearing before the System Ad-
justment Board, Eastern Air Lines, Inc.,
on June 20, 1956 ..........-.---- ee eee-
Statement made by Mr. Rivenbark .......
Statement made by Mr. Bennett ..........
Statement made by Mr. Harlan .........-.
Evidence on Behalf of Eastern Air Line
Pilots Association:
Testimony of Paul S. Woolley ........
Evidence on Behalf of Eastern Air Lines Inc.:
Testimony of Sidney L. Shannon .....
Sidney L. Shannon (Re-
I as cay nos
Exhibit (not marked)—Official Re-
port, dated 2/10/56 ..........
Exhibit (not marked)—Letter from
Civn Aeronautics Administra-
tion to Sidney L. Shannon,
Gated 2/21/56 .............---
u
INDEX—Continued
Answer of Defendants, etc.—(Continued): -
Exhibit “A”, etc.—(Continued):
Evidence, etc.—(Continued):
Testimony of S. L. Shannon—(Conti.):
Exhibit (not marked)—Official ATC
I ee '
Exhibit (not marked)—Memo from
the file of L. H. Dice, dated
6/8/55 addressed to Capt. G. C.
50 ere nema (aa
Exhibit (not marked)—Letter, R. G.
Burstrom to Capt., Diggs ......
Exhibit (not marked)—Letter,
Robert C. Hutton, Aviation
Safety Agent Attn., George H.
Roerig, dated Feb. 20 ........
Testimony of Watson T. Babbitt ......
Jerome E. Wood ........
Robert Gunnard Burstrom
Welton Robert Hughes ..
Gerald Cleatus Tew ....
Addie B. Scarborough ...
ee rrr
Evidence on behalf of Eastern Air Line
Pilots Association:
Testimony cf Paul S. Woolley (Re-
Nee
J. A. Duncan ...........
Evidence on beha:f of Eastern Air Lines,
Inc.:
Testimony of Welton Robert Hughes
(Resumed) .............
Colloquy between Court and Counsel
- ee we we
PAGE
157
ym
INDEX—Continued
EXHIBITS:
_Pilot’s Exhibit 41—Photostat of Computation of
Speeds and Times .........----++++e+se0s:
Exhibit (not marked)—-Letter, R. G. Burstrom
addressed “To Whom It May Concern”,
ee ed iss de tawe se andcsswnes
Exhibit (not marked)—Letter, W. F. Hughes, Co-
Pilot Eastern Air Lines, Inc., to Capt. F.
A. Stone, Supt. of Flight Operations East-
ern Air Lines, dated 2/16/56 .........---
Company’s Exhibit 4#3—Photustat of Flight Log
for trip 647 of February 6, 1956 .......-.--
Exhibit (not marked)—Record No. D4 2-6-56
Ne iii se cise shane see si aes
Exhibit (not marked)—Photostat of Map—Logan
Airport, Boston, Mass. .......------- ere
Exhibit (not marked)—Memo. from L. M. Dice
to Capt., G. C. Diggs, dated 6/8/55 ......
Motion of Defendants, Air Line Pilots Association,
International, et al., for Summary Judgment ..
Answer of Defendants, Eastern Air Lines, Inc., et al.,
to Complaint ........-----seese eect e ete:
Exhibit “A”—“Incident Report” filed by we
Chief Controller of the Detroit ( Willow
Run) Tower to the Regional Administrator
of the Civil Aeronautics Administration ..
Exhibit “B”’—Detailed Report, dated 2/24/50 ..
Exhibit “C’”—Office Memorandum from Capt.,
_ P. S. Woolley to Capt., P. L. Foster, dated
i, |, ne sey Wirt sie eek
Exhibit “D’—Memorandum of Discharge from
J. M. Halliburton to Capt. Paul S.
Woolley, dated 2/13/50 ......--..--+-++-
PAGE
323
324
326
33!
332
338
340
340
342
352
INDEX—Continued
PAGE
“EXHIBITS—(continued):
Exhibit “E”—Letter, Capt. Paul Wooley to East-
ern Air Lines, Inc., dated 2/17/50 ........ 356
Exhibit “F’—Letter, John J. Halliburton to
Paul S. Woolley, dated 2/21/50 .......... 357
Exhibit “G”—Letter, Eastern Air Lines, Inc.,
to Paul S. Woolley, dated 3/3/50 ........ 358
Exhibit “H”—Letter, Paul S. Woolley to Eastern
Air Lines, Inc., dated 3/10/50 ........... 361
Exhibit “I”—Letter, B. F. Shannon to Paul S.
Wooley, dated 3/31/50 ....... prceeeeeees . 362
Exhibit “J”—Letter, Air Line Pilots Association
to R. W. Rivenbark, Chairman, Eastern Air
Lines, Inc., ete., dated 4/3/56 ............ 363
Submission Exhibit +1—Letter, Eastern Air
Lines, to Capt. Paul S. Woolley, dated —
ee ee, i ceawie 366
Submission Exhibit #2—Letter, Paul L. Woolley
to S. L. Shannon, dated 2/27/56 ......... 367
Submission Exhibit #3—Letter, Eastern Air
Lines to Paul S. Woolley, dated 2/27/56 .. 368
Submission Exhibit #4—Letter, S. L. Shannon
to Capt. Paul S. Woolley, dated 3/2/56 .. 369
Recitation as to Exhibit “K” same as Exhibit “A” |
attached to Answer of Defendants’ Air
Line Pilots Association, International .... 369
Motion of Defendants, Zastern Air Lines, Inc., et al.,
to Dismiss and for Summary Judgment ...... 370
Motion of Plaintiff for Summary Judgment ...... a ee
Exhibit (not marked)—Letter, Air Line Pilots
Association “To All ALPA Members of
Eastern Air Lines,” dated 2/23/50 ......
Summary Judgment, entered 12/4/56 ..............
Vv
INDEX—Continued
PAGE
Final Judgment, entered 12/4/56 ............------ 385
Motion ot Plaintiff for New Trial ..............--- 385
Motion of Air Line Pilots Association, et al., to strike
Plaintiff's Motion for New Trial .........---. 399
Opposition of Defendants, Eastern Air Lines, Inc.,
et al., to Plaintiff's Motion for New Trial .... 400
Order entered 1/10/57 Denying Plaintiff's Petition
for Rehearing, styled “Motion for New Trial,
CT aes 402
Notice of Appeal............. eeuureusabhaenn des 403
Appeal Bond ............--.--sseseeeeee eee e ness 404
Petition and Order entered 2/12/57 transmitting
Original Exhibits to Appellate Court ........ 496
Appellant’s Designation of Contents of Record on
Appeal ........... eee cece e cece eee eens 410
Clerk’s Certificate ....... 0... -. eb ee cece eee eee 413
Or September 21, 1956 COMPLAINT was filed in
the words and figures as follows:
IN THE DISTRICT COURT OF THE UNITED STATES,
IN AND FOR THE SOUTFPERN DISTRICT OF
FLORIDA, MIAMI DIVISION.
No. 7173-M-Civ.
PAUi. S. WOOLLEY,
Plaintiff,
versus
EASTERN AIR LINES, INC., a Delaware corpora-
tion, THE AIR LINE PILOTS ASSOCIATION, IN-
TERNATIONAL, an Association having its principal
place of business in Chicago, Illinois, and R. W.
RIVENBARK, S. L. SHANNON, GEORGE A. SMITH
and R. M. TEDLOCK, individually and as and con-
stituting the members of the EASTERN AIR LINES
PILOTS SYSTEM BOARD OF ADJUSTMENT,
under the Railway Labor Act, 45 USCA, Paragraph
184, and Section 3 of 45 USCA, Paragraph 153, un-
der agreement between Eastern Air Lines, Inc. and
The Air Line Pilots in the Service of Eastern Air
Lines, Inc., as represented by The Air Lines Pilots
Association, International,
Defendants.
Comes now Paul S. Woolley, plaintiff, and files this
his Complaint against Eastern Air Lines, Inc., a Dela-
ware corporation, The Air Line Pilots Association, In-
ternational, an Association having its principal place of
business in Chicago, Illinois, and R. W. Rivenbark, S.
-L. Shannon, George A. Smith and R. M. Tedlock, in-
2
dividually and as and constituting the members of the
Eastern Air Lines Pilots System Board of Adjustment,
under the Railway Labor Act, 45 USCA, Paragraph 184,
and Section 3 of 45 USCA, Paragraph 153, under agree-
ment between Eastern Air Lines, Inc., and The Air
Line Pilots in the Service of Eastern Air Lines, Inc.,
as represented by The Air Lines Pilots Association, In-
ternational, and complaining says:
I.
Plaintiff is a resident of Dade County, State of Florida,
and is and has been for a number of years last past,
an air line pilot in the employ of Eastern Air Lines,
Inc. At the time of the acts complained of herein,
plaintiff was employed at Miami, Florida, as base of
operations with the rank of captain under grades and
ratings established under contract, provisions and reg-
ulations fixed by agreement between Eastern Air Lines,
Inc. and the Air Line Pilots in the Service of Eastern
Air Lines, Inc., as represented by The Air Lines Pilots
Association, International, under agreements which have
- been modified from time to time, the last agreement be-
ing effective July 1, 1954 and continuing thereafter to
the present time.
II.
Defendant Eastern Air Lines, Inc., as the employer, is
a corporation organized under the laws of the State of
Delaware but authorized and qualified to do businesses
in the State of Florida.
The Air Line Pilots, of which plaintiff is one, con-
stitute the third party beneficiaries under the collective
— wr -_ Del
3
bargaining agreements hereinafter referred to, and the
Air Line Piiots, of which plaintiff is one, were repre-
sented under the laws of the United States of America
by The Air Line Pilots Association, International, an
Association with its principal place of business in Chi-
cago, Illinois, which is the bargaining and collective
permanent agent under the Statutes of the United States
of America representing the Air Line Pilots of which
plaintiff is one.
Defendant R. W. Rivenback, S. L. Shannon, George
A. Smith and R. M. Tedlock are members of the Eastern
Air Lines Pilots System Board of Adjustment under
the contract effective July 1, 1954, hereinafter referred
to, and R. W. Rivenbark is chairman of said Board.
The meetings and actions hereinafter complained of
took place at Miami, Dade County, Florida, in the year
1956.
Defendant R. W. Rivenbark is a resident of Dade
County, Florida and is an employee of Eastern Air Lines.
Inc., with Miami, Florida as his headquarters.
Defendant S. L. Shannon is Senior Vice-President of
Eastern Air Lines, Inc., and is stationed at and resides
in Dade County, Flerida.
Defendant George A. Smith is Assistant to the Senior
Vice-President of Eastern Air Lines, Inc., and is a resi-
dent of Dade County, Florida. .
Defendant R. M. Tedlock is an employee of Eastern
Air Lines, Inc., and is a resident of and is based, so
far as operations are concerned, in Atlanta, Georgia.
4
Ill.
The jurisdiction of this Court is invoked by several
factors—
a. Diversity vf citizenship between plaintiff, a_resi-
dent of Dade County, Florida, and Eastern Air Lines,
Inc., which is the chief defendant, the employer, a
corporation organized and existing under the laws of
Delaware and organized tc do business in Daie County,
Florida, and a civil claim in controversy of more than
$3,000.
b. Under the provisions of Section 204 of Title 2 of
the Railway Labor Act, 45 USCA, Paragraph 184, and
Section 3 of the Act, 45 USCA, Paragraph 153, in that
this cause involves determination of a dispute between
Eastern Air Lines, Inc., an air carrier covered under
the provisions of the Railway Labor Act aforementioned,
and plaintiff, as an employee under the provisions of
said Act. The contract hereinafter alleged and set forth
was an agreement made under the provisions and author-
ity of said Act covering rates of compensation, hours of
work, working conditions and the procedure for the
orderly settlement of any disputes, and Eastern Air Lines
Pilots System Board of Adjustment was an official ad-
ministrative Board set up under and by virtue of the
authority and provisions of the said Federal Act as
above set forth.
A true copy of the printed agreement above referréd
to is hereto attached, marked Plaintiff's Exhibit !, and
made a part hereof as if fully set forth herein.
)
IV.
Plaintiff respectfully shows unto the Court that he
becarne an employee of Eastern Air Lines, Inc., as a
pilot on or about November 15, 1936 and has been in
their employ ever since. Plaintiff's rating is that of a
captain, and at the time of the happening of the events
hereinafter set forth, plaintiff was in approximately the
72nd position in seniority in the entire Eastern Air Lines,
Inc., system, and by reason thereof was enjoying the
f emoluments aot only of his position as a captain, but
his seniority rights, and was enjoying and is entitled
to enjoy other benefits, both direct and fringe, covered
under the contract, Plaintiff's Exhibit 1, as well as cer-
tain mutual benefits derived by reason of his employ-
ment under the contract for insurance and retirement
on pension plan protec‘ion.
V.
e-
Plaintiff would show unto the Court that while em-
ployed by Eeastern Air Lines, Inc., and pursuant to his
line of duties, and while protected by a similar con-—
tract of which the existing contract is more or less a
repetition, plaintiff had an operational dispute with the
management of Eastern Air Lines, Inc. on or about
January 29, 1950 because of a dispute about the cperation
of Flight No. 763, Eastern Air Lines, Detroit, Michigan,
on January 29, 1950. Plaintiff was suspended from
flight operations pending an investigation and hearing
upon the alleged claims of irregular operation.
At that time the Eastern Air Lines Pilots System
Board of Adjustment was in effect under the terms of
an agreement similar to the one attached hereto, marked
Plaintiff's Exhibit 1, but under said suspension order
which was contested by plaintiff, the procedure had not
yet reached the stage where it was heard by the System
Adjustment Board.
VI.
Plaintiff further shows that on January 29, 1950, while
acting as captain in charge of Flight No. 703, a tower
operator, being one of the operators in the control tower
which is provided for and controlled by the Civil Aero-
nautics Authority of the Federal Government, wrote a
letter to Eastern Air Lines, Inc., complaining that plain-
tiff, as captain of and in command of the said Flight
No. 703, Fad, in effect, not permitted sufficient interval
of time to pass for a preceding airplane to take off on
the runway, and that by reason thereof plaintiff, in
command of his flight, took an improper turn as an
emergency, and brought his airplane too close to the
contro] tower.
Plaintiff would show unto the Court that appropriate
emergency reports were filed with full explanation of
the event, and that no charge was filed by the Civil
Aeronautics Authority after the explanation in the
emergency report had been filed The Civil Aeronautics
Authority accepted the explanation of the emergency
report, but for approximately six weeks after the said
date of January 29, 1950 Eastern Air Lines, Inc. refused
to accept the same explanation. :
VII.
Plaintiff would show unto the Court that although
certain conferences had taken place and plaintiff in the
7
meanwhile was suspended from operations, Eastern Air
Lines Pilots System Board of Adjustment had not had
an opportunity of hearing the complaint. Pending the
hearing before the System Board of Adjustment, in
conference with one of the junior operating officials
of Eastern Air Lines, Inc., both plaintiff and said de-
fendant found they could not reach satisfactory accord,
plaintiff contending that he was without fault and the
junior operating official refusing to accept said expla-
nation. The matter was then referred for hearing be- |
fore the senior operating officer, which was the next
step in the procedure prior to hearing before the System
Board of Adjustment.
The hearing before the Senior Operating Officer never
took place, but in the meanwhile Union representatives
who were representing plaintiff, entered into certain ne-
gotiations in lieu of the extensive hearings to be heard
before the Board of Adjustment, and reported to plain-
tiff and recommended that as an easy way out of the dif-
ficulty, plaintiff accept a six months suspension order with-
pay. but without ‘oss of seniority privileges or other
fringe benefits which were a part of the contract; that
the part of the six months suspension without pay would
be absorbed by the time which had already passed, and
the suspension order would date from January 29, 1950,
with the suspension period to expire on July 28, 1950.
Rather than go through complicated hearings, in view of
this compromise agreement which had been reached, plain-
tiff accepted that proposal without ever discussing the
matter with the senior cperating official.
Vil.
However, as a part of that settlement, plaintiff was ad-
vised by the Union representatives that before actually
8
commencing lying again after July 28, 1950, Eastern Air
Lines, Inc. would insist that plaintiff sign some type
of a resignation. The type of letter or purpose of same
‘was not explained to plaintiff.
IX.
Plaintiff further shows unto the Court that on or about
July 28, 1950, and at a time when plaintiff was about to
commence his regular runs, someone on behalf of Eastern
Ari Lines, Inc. prepared a letter which was dated July 28,
1950, a copy of which is attached hereto, marked Plain-
tiffs Exhibit 2 and made a part hereof. The said letter
was presented to plaintiff by Mr. S. L. Shannon, Vice-
President of Operations of Eastern Air Lines, Inc., at
his office in Miami, Florida. The said Shannon told
plaintiff that as soon as he signed this letter he would
be put back into active service, and that he could go to
work immediately.
X.
Plaintiff then arranged for an instrument check, which
was required every six months, and he took the said
check on July 21, 1950. He then was assigned back to
his regular operational runs, his first flight being on Au-
gust 3, 1950. From the date of August 3, 1950 up
until Febraury 6, 1956, plaintiff was continued in his
employment as a captain in Eastern Air Lines, Inc., with
operational working conditions and seniority rights and
rights to continue employment all being based under the
contract in which plaintiff was a third party beneficiary
as above set forth.
9
XI.
On February 20, 1956 plaintiff received a letter from
Eastern Air Lines, Inc., a true copy of which is hereto
attached, marked Plaintiff's Exhibit 3, and made a part
hereof. In substance said letter stated:
“In reference to your letter of resignation dated July
28, 1950, please be advised that I, personally, feel that
you have not been handling your job in. the proper man-
ner and, therefore, your resignation as a employee of
Eastern Air Lines, Inc. is hereby accepted and to become
effective immediately.
Ptease contact your Chief Pilot regarding any matters
connected with this termination of your employment
with the company.”
XII.
The matter was referred in consecutive steps to the
Senior Vice-President in Charge of Operations of Eastern
Air Lines, Inc. and then to the Eastern Air Lines Pilots
System Board of Adjustment, with appropriate objections
made to the method and manner of the handling of the
so-called discharge. It was contended then, that is to
say, before the Senior Vice-President and before the
System Board of Adjustment, that a resignation dated
July 28, 1950.as a condition of re-employment and not as
a condition for immediate discharge, and without having
any present purpose of terminating the employment, was
void and of no effect, and contravened both the letter
and the spirit of the Railway Labor Act and the spirit
and letter of the right protected and guaranteed to plain-
tiff under the provisions of the laws of the United States
10
and under the terms of the duly authorized contract
above mentioned, of which plaintiff was a third party
beneficiary.
XIII.
Notwithstanding the objection made that the System
Board of Adjustm nt had no power or jurisdiction to
pass upon the legal effect of the discharge letter of
February 20, 1956 which related solely to the right of
Eastern Air Lines, Inc. to accept a resignation of July
28, 1950, and notwithstanding the objection duly and
timely made that such an action was beyond the pur-
view of the jurisdiction of the said System“ Board of
Adjustment, and that there were no adequate charges
upon which hearing could be had for discharge for
cause within the terms of the said agreement of July
1, 1954, the said Eastern Air Lines Pilots System Board
of Adjustment continued with the hearing beginning at
9 o’clock A.M. June 20, 1956 in the Hunt Room, Miami
Springs Villas, Miami Springs, Dade County, Florida,
which said hearing resulted in the entry of a decision
at Miami, Florida, on August 1, 1956, a true copy of which
is attached hereto, marked Plaintiff’s Exhibit 4 and made
a part hereof.
XIV.
Plaintiff further shows unto the Court that the alleged
resignation letter of July 28, 1950 was not given by plain-
tiff with the idea or intent that it would sever nis em-
ployment relationship with defendant Eastern Air Lines,
Inc., nor was it demanded by or received by Eastern
Air Lines, Inc. for the purpose of or with intent of
severing the employment contract. Said letter and the
=
11
purported resignation contained therein was a scheme
or artifice employed by defendant to illegally avoid the
rights of plaintiff as an air carrier pilot and to circum-
vent those vested rights fixed under the Railway Labor
Act as amended for the protection of air line carrier
pilot employees. The said actions of defendant Eastern
Air Lines, Inc. were contrary to public policy and con-
trary to the intent, letter and spirit of the Railway Labor
Act. A purported resignation of an employee as a con-
dition for continuation of employment under the Railway
Labor Act is null and void from the beginning, if it was
not given with the intent to sever the then existing con-
nections. Thereafter and beginning as of the first flight
of August 3, 1950 plaintiff's employment came under the
provisions of the Railway Labor Act, and he became the
subject matter of a third party beneficiary under the
then existing agreement between Eastern Air Lines, Inc.
and The Air Line Pilots Association, I 1ternational.
Plaintiff shows that he continued from that time up
under the present time as an employee under the terms and
conditions of the contract and the Railway Labor Act,
and that he has a vested right in being protected in that
employment and is entitled to have a decree protecting
plaintiff's right as an employee under said contract until
duly and properly discharged within the purview of
the terms and conditions of that contract; that because
of the peculiar provisions of the Railway Labor Act plain-
tiff is entitled to have said contract specifically performed
by Eastern Air Lines, Inc. until those rights have been
terminated in accordance with law. ae
XV.
Plaintiff would further show unto the Court that he
has not been discharged within any of the provisions of
oe
12
Section 29 of said contract, nor has Eastern Air Lines
Pilots System Board of Adjustment or Eastern Air Lines,
Inc. or The Air Line Pilots Association, International,
afforded to plaintiff any type of hearing or made any
findings as to right of discharge which are provided under
the terms and conditions cf the contract as a basis for
discipline or discharge.
XVI. ¥
Plaintiff shows unto the Court that the decision of
August 1, 1956 was entered by Eastern Air Lines Pilots
System Board of Adjustment without any authority, and
was based upon an assumed matter of law over which
the Board had no jurisdiction, and that the Act of said
System Board of Adjustment and the individual members
thereof and Eastern Air Lines, Inc. in discharging or
purporting to discharge plaintiff for the causes set forth
therein, was an abuse of their discretion and an abuse
of their jurisdiction; that said action was arbitrary and
without foundation and should be set asic: by appropri-
ate order of the said Board under directions of this Court.
Plaintiff therefore requests and prays:
1. That this Court will entertain his cause and enter
a declaratory decree as to the rights of plaintiff herein,
and will enter a declaratory decree construing whether
or not under the contract referred to as Plaintiff's Ex-
hibit 1, Eastern Air Lines, Inc. and/or the said Eastern
Air Lines Pilots System Board of Adjustment had a
right to deprice plaintiff of vested rights upon the matters
and things set forth therein.
2. That pursuant to Rule’81 of the Federal Rules of
Civil Procedure, in which the direct writ of mandamus
fa eS mld NEY
13
is abolished but rights are granted for the pursuit of
similar remedies, plaintiff prays that this Court will
take jurisdiction of this cause in the nature of a mandamus
action and will by mandatory injunction direct—
a. That Eastern Air Lines Pilots System Board of
Aciustment ana the four members thereof as herein
named, shall meet forthwith and cancel and discharge
their order of August 1, 1956 as having been entered
erroneously and without jurisdiction and without prob-
able cause.
b. That defendant Eastern Air Lines, Inc. will be
directed by this Honorable Court, upon the setting aside
of the decision of the Board of August 1, 1956, to rein-
state plaintiff to his full rights of senority and other
benefits provided under the contract, Plaintiff Exhibit
1: that upon the happening of the above events. this
Court will direct that plaintiff be restored to all back
saiary and fringe benefits by way of seniority, and that
plaintiff's rights will be protected unless and until the
said Eastern Air Lines, Inc. shall have filed an appropri-
ate order of discharge for cause, and the defendant East-
ern Air Lines Pilot System Board of Adjustment has had
a complete and adequate hearing within the confines of
its jurisdiction and either granted or denied the grievance
complained of. if any. for cause.
i4
3. Plaintiff prays for the issuance of such other ans
further writs or process in conformity- with the pro-
visions of Rule 81, Federal Rules of Civil Procedure, as
shall to this Court be png meet and proper.
UL S. WOOLLEY,
(Paul S. Woolley),
Plaintiff.
WARD & WARD,
By W. S. WARD,
Attorneys for Plaintiff.
1240 duPont Building,
Miami, Florida.
State of. Florida,
County of Dade, ss.
Paul S. Wooley, being first duly sworn, on oath deposes
and says that he has read the foregoing complaint by
him subscribed; that the matters and things therein set
forth are true.
PAUL S. WOOLLEY.
Sworn to and subscribed before me this 2lst day of
September, 1956.
BESSIE C. BREYER,
Notary Public, State of Florida
at large.
My commission erpires:
(Illegible).
15
PLAINTIFF'S EXHIBIT 1.
te
—
~—__ Eastern Air Lines, Inc.
i
ne
Agreement between Eastern Air Lines, Inc. and The Air
Line Pilots in the service of Eastern Air Lines, Inc.
as represented by The Air Line Pilots Association.
International Governing Rates of Compensation, Hours
of Work, Working Conditions, and a Procedure for
the Orderly Settlement of any Disputes.
Effective July, 1, 1954.
Subject Index.
This index is for general reference only. It is not in-
tended as a complete index for contract interpretation
purposes.
Subject Section Page
Absence, Leaves of ....... 22.2... .2 2 cee eeeee: 22 43
Agreement—
9... l cetuas shgeeneasanens 44 #77
xcs si eaewondosetaeene 46 177
Frior Agreements ............-.---+--+-> 45 77
Successor or Merged Companies ......... 42 76
SPE rere rere eer 3 22
Benefit Assignments .............-.----+-+55 37 72
Copilot—
PC CPUT PEC PTCOV CT eT TT 2D 19
PEE ee eee ee 11 31
Damaged Equipment, Pay for Cost of ........ 41 76
Day Flying—Definition ............--.----:: 2F 20
I oes bende sg ancsuastedhucsessan a: 2
er eee 2 19
Duration of Agreement .......-.--------+555> 46 77
16
Subject Section Page
Expenses—
Foreign and Overseas ................... 33 69
CC i scuGbr caked nes deua ents be See’ 15 35
EE acacia Gina cages adunnns ka 14 34
First Pilot—
EY PLT PTTL EET eeTereeerrere 2B 19
Sioa. keh ns wkcehenaesuneaue 7,8 24
a er 9A,B 26
Flying Pay—Definition ..................... 2H 20
Flying Pay Purposes—Definition ............ 2] 20
Flying Time—Definition .................... 2J 20
Foreign and Overseas Operations—Definition.. 2L 21
ahs oy pan acs keahen sk eeedeaakes a 30 65
SE BE hewn ccc esncsndscsssea nds 6 24
Hourly Pay Computation ................... 4,5 22
I cS cin ba snack cnacveceaciane 17 39
Investigation and Discipline ................. 29 62
ME. Gd a nce ndsedgadcdsssccecscesewaeta 29B 63
Diy Usted cebhe vies ska OREN 29C «64
CS Ri stab eseddsceasccuscasnesiacns ~“29A 62
cc cw cabecdsesscesgaduensge 2N 22
Miscellaneous Flying ...................+05: 13 33
a PORTO T PETE TIPEST TET ET ELT e ee 36 71
ea ncaes oes scdssennwese 2G 20
Night Flying—Definition .................... 2F 20
Off-Shore Operation—Definition ............ 2M 21
rr rr 39 76
Pay— :
Per Pry rer rr rrr rrr Terr err rere 11 31
Foreign and Overseas ................-.. 32 68
Minimum Guarantee .................... 10A 27
Off-Shore Operation .................... 34 = 70
Schoo] Guarantee ................--.55. . «=
Physica] Examination ....................... 31 66
UD, Zinc cnc cescccccrecccseass (i. “3A
4
17
Subject Section Page
Pilot Base—Definition .................-+4.. 2K 21
Pilot Division—Definition ................... 2E 19
OS rr Pre rrr ere tere 21 43
Recognition Ceweie daghbdicccerccesaesesessece 1 18
Reserve Pilot—Definition ................... 2c 19
School Pay Guarantee ...............-.-++: 27 49
Seniority—
I re oe aa wan ee a Celwn- 8 om 26 49
ES ely vias ud isda dss Perey cerry: 18 42
OND Ge nnn nr rrr 20 43
ei geen ckA ana aWeaacesa denn ds 24 47
I an wnat ee be Sa ceasaangaees 25 47
Sickness and Injury ...............-.seeeeeee 38. 74
Training Conducted by Company ........-.-. 40 76
Transfer to Non-flying or Supervisory Duty .. 23 46
Uniforms. Change in ...............-.0s0005: 43 76
Vacancie ;, Filling of ...........-.--.. see eee: 28 50
Activating Section 28 .................-. 28L 59
Annual Statement of Requirements ...... 28B 51
Annual Transfers ..... Re eee «a wae ak 28M _ 59
Assignment of Flying at a Base .......... 281 357
Bulletining of Permanent Base Vacancies 28D 53
Curtailment or Closing of Base .......... 28F 55
Determination of Pilot Requirements .... 28C O51
Mutual Transfer of Base ................ 28H 57
Objective . 2.2... cece cece cece ene 28A 50
Opening New Base ..... Se ree Tee 28K 59
Permanent Base Vacancies ............. 28E 54
Reserve Flying ...........-..-00-seeeees 283 59
System and Base Scheduling ............ 28N 60
Temporary Vacancies ...........-.--+---- 23G 56
Transfer of Pilots ...........-.--:2-eeeee- 280 61
ease kien nada cde s cena sacaaaes 16 36
Workmen’s Compensation Benefits .......... 35 71
18
Agreement between Eastern Air Lines, Inc. and The Air
Line Pilots in the service of Eastern Air Lines, Inc.
as represented by The Air Line Pilots Association,
International. ~
This agreement is made and entered into in accordance
with the provisions of the Railway Labor Act, as amended,
by and between Eastern Air Lines, Incorporated, here-
inafter known as the “Company” and the Air Line Pilots
in the service of Eastern Air Lines, Incorporated, as rep-
resented by the Air Line Pilots Association, International,
hereinafter known as the “Association”.
It is hereby mutually agreed:
Recognition:
oa Section 1.
The Air Line Pilots Association, International, has
furnished to the Company proof that a majority of the
Air Line Pilots employed by the Company have desig-
nated the Association to represent them and in their be-
half negotiate and conclude an agreement with the Com-
pany as to hours of labor, wages, and other employment
conditions covering the pilots in the employ of the Com-
pany in accordance with the provisions of the Railway
Labor Act, as amended.
19
Definitions:
Section 2.
As used in the Agreement, the term:
A. “Pilot” means first pilot, reserve pilot and copilot
as defined herein and unless otherwise stated herein
shall mean all classifications.
B. “First Pilot” means an employee who is in com-
mand of the aircraft and its crew members while on duty,
and who is responsible for the manipulation of, or who
manipulates, the flight controls of an aircraft while un-
der way including the take-off and landing of such air-
craft, and who is properly qualified to serve as, and holds
currently effective airman’s certificates authorizing him
to serve as such pilot.
C. “Reserve Pilot” means an employee who has been
checked out and designated by the Company as qualified,
to serve as first pilot and who holds currently airman’s
certificates authorizing him to serve as such first pilot,
but who is not assigned to a reguiar run as a first pilot.
D. “Copilot” means an employee who is second in com-
mand-and any part of whose duty is to assist or relieve
the first pilot in the manipulation of the flight controls of
an aircraft while under way, including take-off and land-
ing of such aircraft, and who is properly qualified to
serve as, and holds currently effective airman’s certifi-
cate authorizing him to serve as such copilot.
E. “Pilot Division” means that portion of a route or
alternate thereof over which a pilot is regularly scheduled.
F. “Day Flying” means all flying between hcurs of
6:00 A.M. and 6:00 P.M. standard time, and “Night Fly-
ing” means al! flying between the hours of 6:00 P.M. and
6:00 A.M. standard time. In all cases, the time of departure
uesd herein shall be the time of block departure of the
airplane. When changes in the time zene occur in flight,
the time zone at the station of last take-off “1all be used
in computing the day and night flying time for that leg
of the trip.
G. “Month” means the period from and including the
first day of, to and including the last day of each calen-
dar month of the year.
H. “Flying Pay” means hourly, mileage and gross
weight pay, also “Foreign and Overseas” and “Offshore”
pay, wherever applicable.
I. “Flying Pay Purposes” means hourly, mileage and
gross weight pay, also “Foreign and Overseas” and “Off-
shore” pay wherever applicable on schedules and extra
section flights and the following non-scheduled flights,
namely: publicity, charters, scenic attempts, rerouted
flights. ferries, engine, instrument, plane, and radio test
flights, experimental and airway aid test flights for which
pilots receive pay in accordance with pay differentials
cutlined in this Agreement.
J. “Flying Time” means that period of time beginning
when an aircraft first moves from the ramp blocks under
its own power for the purpose of flight and ending when
the aircraft comes to a stop at the ramp for the purpose
of lozding or unloading, following such flight.
21
K. “Pilot Base” means any place where pilot person-
nel are regularly domiciled for flight duty purposes.
L. “Foreign and Overseas Operation” means the Com-
pany’s operation carried on by it, between points outside
the continental limits of the United States, and such opera-
tion shall include the flying performed by pilots between
points within the continental United States and points
outside the continental United States; provided, however,
that the provisions of this paragraph will not apply to fly-
ing between poin:s within the continental limits of the
United States, or between points in Canada or between
points in Mexico, or betweeri points in Canada and points
within the continental limits of the United States, or be-
tween points in Mexico and points within the continental
limits of the United States where such flying is not on
a direct over-water course between Mexico and points
east of Baton Rouge, Louisiana. On flights between the
continental Unite-] States and points outside thereof the
Foreign and Ov-rseas flying shall be only the flying ac-
tually performed between the outside point or points and
the stop or mutually agreed upon check points in the
continental United States which is nearest to the United
States shoreline on the route flown.
M. “Off-shore Operation” means the Company’s flights
between points within the continental limits of the United
States where such flights are scheduled to be and
are actually flown on established routes over the
ocean or the Gulf of Mexico where such established routes
are, at any point, more than fifty (50) miles from the
nearest portion of the continental United States, provided
however that this paragraph shall not apply to any such
filghts unless and until the route or routes to be flown
and the mileage from point of leaving shore to point of
22
returning to shore are definitely established and mutually
agreed upon elsewhere in this Agreement or in supple-
ments thereto.
N. “Mile” means a statute mile of 5,280 feet.
Base Pay:
Section 3.
All pilots shall receive monthly base pay (flat pay
where indicated) in accordance with their total aggre-
gate of accredited service with the Company as a pilot
(including first pilot, reserve pilot and copilot) as fol-
lows:
i 2. Serre ee oe $375.00 per month (flat pay)
a 8 ae 475.00 per month (flat pay)
We NE kk So ws 250.00 per month
FouWth year ............. 270.00 per month
<b re amererarrarrese 290.00 per month
SR eee ere 310.00 per month
Seventh year ............. 330.00 per month
Fighth vear and
ae a a 350.00 per month
Hourly Pay Computation:
Section 4.
In addition to base pay, each first pilot or reserve pilot
when acting as first pilot, for flying pay purposes, shall
be paid hourly flying pay at rates based upon the speed
of the equipment flown, and whether such flying is day
or night eas follows:
st tas
23
Day Night
per. hr. _ per. hr.
me? 8. errr rere ee $ 7.05
125 up to but not including 140 MPH 4.30 7.35
140 up to but not including 155 MPH 5.10 7.65
155 up to but not including 175 MPH 5.30 7.95
175 up to but not including 200 MPH 5.50 8.25
200 up to but not including 225 MPH 5.70 8.55
225 up to but not including 250 MPH 5.90 8.85
250 up to but not including 275 MPH 6.10 9.15
275 up to but not including 300 MPH 6.30 9.45
300 up to but not including 325 MPH 6.50 9.75
325 up tc but not including 350 MPH 6.70 10.05
Section 5.
A. In computing the hours of first and reserve pilots
when acting as first pilots for flying pay purposes, the
actual flying time as defined in Section 2 J shail be
used whenever this time is greater than the scheduled
time shall be used on all scheduled, and extra section
time; otherwise the scheduled time shall be used on all
scheduled, and extra section flights and actual flying time
shall be used on all non-scheduled flights, and the average
speed shall be not less than 155 MPH for Douglas DC-3,
200 MPH for Dougas Skymaster DC-4, 225 MPH for Mar-
tin 404, 250 MPH for Lockheed Constellation L-749 equip-
ment, 275 MPH for Lockheed L-1049 and L-1049C equip-
ment. 275 MPH for Douglas DC-6B equipment and 300
MPH for Douglas DC-7 and DC-7B equipment. In com-
puting additional pay for night flying. the actual night
hours shall be used as defined in section 2 F.
24
B. For the purpose of this section, non-scheduled
flights shall be construed to mean flights defined as non-
scheduled in Section 2 I.
Gross Weight Pay:
Section 6.
First pilots and reserve pilots, when serving as first
pilots, shall be paid, in addition to other rates of com-
pensation stipulated in this Agreement, gross weight of
airplane rates in accordance with the maximum certifi-
cated gross weight of the Company’s aircraft as follows:
two cents (2¢) for each 1,000 pounds of the maximum
certificated gross weight of the aircraft for each hour
flown, beginning with zero pounds and extending to the
maximum certificated gross weight of the airplane.
Weight Pay Example:
Douglas DC-4 ~~ 73,000 Ibs. maximum certificated gross
weight.
73,000
x 2¢ ~~ $1.46 per hour.
1,000
For the purpose of computing maximum gross weight
pay, the total weight figure to the nearest 1,000 Ibs.
_should be used.
First Pilots Mileage Pay:
Section 7.
A first pilot and reserve pilot, when flying as first
pilot, shall receive monthly mileage pay of one cent (1¢)
25
for each mile flown during each month up to 17,900 miles
and two cents (2¢) for each mile flown between 17,000
miles and 22,000 miles and three cents (3¢) for each mile
flown in excess of 22,000 miles.
Section 8.
A. The speed for mileage pay computation purposes
shall be 155 MPH for Douglas DC-3 airplanes, 215 MPH
for Douglas DC-4 airplanes, 235 MPH for Martin 404 air-
planes, 260 MPH for Lockheed Constellation L-749 air-
planes, 275 MPH for Lockheed Constellation L-1049 air-
planes, 300 MPH for Lockheed Constellation L-1049C
airplanes, 275 MPH for Douglas DC-6B airplanes and 325
MPH for Douglas DC-7 and DC-7B airplanes.
B. If a flight does not operate over the route or an
alternate route of a scheduled flight, the mileage shall be
established through the use of the time flown from block
to block and the speed used for mileage pay purposes
shall be 155 MPH for Douglas DC-3 airplanes, 215 MPH
for Douglas DC-4 airplanes, 235 MPH for Martin 404
airplanes, 260 MPH for Lockheed Constellation L-749 air-
planes, 275 MPH for Lockheed Constellation L-1049 air-
planes, 300 MPH for Lockheed Constellation L-1049C air-
planes, 275 MPH for Dougias DC-6B airplanes and 325
MPH for Douglas DC-7 and DC-7B airplanes.
C. When a change in a calendar date occurs enroute,
the date on which the trip originated shall be considered
the date on which the trip was made and to which date
all time for the trip, for pay purposes, shall be credited.
26
First Pilot Serving As Copilot:
Section 9.
A. When a first pilot or reserve pilot serves as a
copilet for the purpose of qualifying or retaining his
qualifications on a route at his own request, he shall
receive his regular base pay only. When the Company
assigns a pilot to qualify or to retain his qualifications
on a route at its request he shall in addition to his regular
base pay, receive flying pay based upon day flying rates
for the equipment being from on such route qualify-
ing flights regardless of whether or not he is manipulat-
ing the controls as a first pilot or copilot, provided that
this will not apply to a reserve pilot on reserve pilot
minimum pay status. When a pilot is qualifying on a
builetined run where stipulation is made in the request
for bids that qualifying pay will be paid over all or a part
of the route involved, pay will be made for such qualify...
ing on the basis of Company request.
B. When a qualified and designated first pilot, other
than a reserve pilot, is assigned at the request of the
Company to serve as a copilot member of a flight crew,
he shall receive in addition to base <pay, se ial Pay at
first rates.
Note: Section 9, Paragraph B, will apply only in situa-
tions where a regular first pilot is called upon to serve
as a copilot due to a copilot not being available for a ‘par-
ticular trip.
27
Minimum Monthly Pay—All Pilots:
Section 10.
A. 1. Reserve Pilots.
(a) A reserve pilot shall be so designated by the
Company and may be used as a first pilot or copilot.
(b) A reserve pilot shall, in addition to his base pay,
be paid copilot flying pay on the days he flies as copilot,
and first pilot flying pay on the days he flies as first
pilct.
(c) Each reserve pilot shall be paid a minimum month-
ly guarantee consisting of base pay, plus sixty (60) hours
of flying pay at first pilot rates, one-half day and one-
half night, on the equipment flown. When a reserve pilot
flies more than one type of equipment in any month as
a first pilct, his guarantee shall be pro-rated according
to the flying pay hours he flies as a first pilot, on each
type of equipment that month. This guarantee shall apply
to any reserve pilot during any calendar month he is so
designated by the Company.
Example of Minimum Pro-Rata Guarantee for Reserve
Pilot
Hours flown as copilot on L-749 = 30 hours ;
(Do not count for proration of minimum guarantee.)
First pilot hovrs flown on DC-4 aircraft ...... = 40 hours
First pilot hours flown on Martin 404 aircraft = 10 hours
Total first pilot hours flown during month .. = 50 hours
40 - 50 = 80% (proportion of DC-4 time}
10 -- 50 = 20% (proportion of Martin 404 time)
28
60 hours of flying pay, half day, half
re $ 644.10
60 hours of flying pay, half day, half
night on Martin 404 (44,900 Ibs.) $ 637.50
POE Mh UE he kit ES iva cawensss $ 515.28
Re See een er rere $ 127.50
Plus Base Pay (Fifth year man) ... $ 290.00
Total Monthly Guarantee .. $ 932.78
Actual flying pay for 30 hours flown as L-749
copilot (half day, half night) ........... $ 174.35
Actual flying pay for 40 hours flown as DC-4
first pilot (half day, half night) ........ 429.40
Actual flying pay for 10 hours flown as M-404
first pilot (half day, half night) .......:.... 123.75
ee a ee $ 727.50
Plus base pay (Fifth year man) .......... - 290.00
ET iia shee ese $1,017.50
Amount to be paid to reserve pilot in above
A Pe Ome fee
2. First Pilots. :
In addition to their base pay, first pilots shall receive
a minimum monthly guarantee equal to sixty (60) hours
of flying pay, half day and half night, on the equipment
which they are currently flying as first pilot. When a
first pilot flies more than one type of equipment in any
calendar month, as first pilot, his guarantee shall be
prorated according to the flying pay hours he flies as first
pilot on each type of equipment that month. In the event
such pilot does no flying as a first pilot during a calendar
29
month, the guarantee to which he is entitled, if any, shall
be based on the last calendar month in which he did fly
as a first pilot.
Example of Minimum Pro Rata Guarantee for First Pilot
Hours flown on Martin 404 aircraft ........ * 40 hours
Hours flown on Constellation L-749, aircraft . .— 10 hours
Total hours flown during month ...... = 50 hours
40 : 50 80% (proportion of Martin 404 time)
10 -: 50 20% (proportion of Constellation L-749 time)
60 hours of flying pay, half day, half night on
Martin 404 (44,900 Ibs.) ..............-- $ 637.50
60 hours of flying pay, halftday, half night on
Constellation L-749 (107,000 lbs.) ....... 741.90
GOST EO = BOM. «onc ccc cece eeeny $ 510.00
lk a > Se ene 148.38
Plus Base Pay (Eight year first pilot) 350.00
Total monthly guarantee .. $ 1,008.38
3. Copilots.
In addition to base pay, copilots who have completed
two years of service with the Company as a pilot shall
receive a minimum monthly guarantee equal to sixty (60)
hours of flying pay, half day, half night, on the equipment
which they are currently. flying as copilot. When a co-
pilot flies more than one type of equipment in any given
month, his guarantee shall be prorated according to the
flying pay hours he flies on each type of equipment that
month. In the event such copilot does no flying during
a calendar month, the guarantee to which he is entitled,
30
if any, shall be based on the last caleiidar month in which
he did fly as copilot.
Example of Minimum Pro Rata Guarantee for Fifth Year
-Copilot
Hours flown on Martin 404 aircraft .......... = 40 hours
Total hours flown during month ........ = 50 hours
40 =- 50 = 80% (proportion of Martin 404 time)
10 =- 50 = 20% (proportion of Constellation L-749 time)
60 hours of flying pay, half day, half night on
‘Martin 404 (44,900 lbs.) at 47% of first
SE a bobs Cakes Cus wicev oelivacss $ 299.63
60 hours of flying pay, half day, half night on
Constellation L-749 (107,000 lbs.) ...... 348.69
SE ih ad wknennewesecces $ 239.70
I I Keecc a cccccciccccccds 69.74
Plus Base Pay (Fifth year copilot) .. $ 290.00
Total monthly guarantee .. $ 599.44
B. At all major bases, the Company shall endeavor to
base a number of senior copilots who are checked out and
qualified to act as first pilots.
C. The provisions of this Section will rot apply
to copilots during their first two years of service.
D. Reasonable effort shall be made to schedule regular-
ly assigned pilots on regular schedules in a manner which
will as nearly as possible use up all their allowable
monthly hours.
E. When a pilot is off pay status or is not available
for normal flight duty, his monthly guarantee shal! be
pro-rated accordingly.
31
Pay Copilots:
Section 11.
In addition to base pay, each copilot who has completed
two years of service with the Company, as a pilot, shall,
for each hour flown as a copilot, be paid an amount com-
puted in accordance with the following table: °*
Percentage of First Pilots
Hourly, Gross Weight, and
Mileage Pay on Equipment
Flown to be Paid for Each
Copilot Hour
Years of Service
as Pilot
Third year ..........----ssseeeeeeee pepe 45%
Fourth year .......: hh Oca dedecenkacsaas whee 46%
POUR YOO... wie cece cece eee ee enees 47%
CN ei ay kakkw ene deadecessenennes 48%
Seventh year... 2.0... 2c cece cece eee eens 49%
Eighth year and thereafter ............------ 50%
Example of Total Monthly Earnings of Fifth Year Copilot
(Domestic )
Copilot flies 80 hours, 50% day, 50% night,
in L-1049
Hourly pay (first pilot) ..........------ $ 630.00
Mileage pay (first pilot) ............---- 270.00
Gross weight pay (first pilot) ...........- 192.00
Total flying pay (first pilot) ........ $1,092.00
Copilot flying pay $1,092.00 multiplied
Sipe nh Nas Rae ..$ 513.24
32
Plus Base Pay (Fifth year as pilot) ...... 290.00
Total copilot monthly earnings ...... $ 803.24
Deadheading:
Section 12.
A. When a pilot with more than two (2) years of
service deadheads under orders from the Company on
a flight or part thereof to or from protecting any flight
such pilot shal! be credited with such deadhead time for
both flight. pay and flight time limitation purposes at the
rate of one-half (1/2) hour for each hour-of such dead-
head time based on the equipment used on the ea
protected.
B. When a pilot with less than two (2) years of service
deadheads under orders from the Company on a flight or
part thereof to or from protecting any flight, such pilot
shall be credited with such deadhead time for flight time
limitation purposes only at the rate of one-half (1/2)
hour flight time credit for each hour of such deadhead
time.
C. The deadhead time shall be figured on the actual
flying time on the deadhead flight, provided, however,
that in no case will the deadhead time allowed exceed
the actual time of the flight protected.
D. Pilots, when deadheading under orders from the
Company, shall be paid expenses in accordance: with the
provisions of Section 14 of this agreement.
33
Miscellaneous Flying:
Section 13.
A. A regularly assigned first pilot, reserve pilot, or
‘copilot who flies part time as first pilot, in regular sched-
rule, shal] be assigned to all regular scheduled flights.
Such scheduling assignments shall be made and posted
at least 24 hours prior to take-off time -except that
when such advance posting is impossible due to schedule
_being disrupted because of unforeseen difficulties, the
Company shall notify the pilots affected, as far in advance
of their take-off time as the circumstances, then existing,
will permit.
B. When a pilot is scheduled in accordance with Para-
graph A of this Section by the Company, and is available,
such pilot shail make the trip, unless otherwise ordered
by the Division Chief Pilot.
C. When a pilot is called to the airport for the purpose
of acting as first pilot or copilot on a flight or flights of
a special nature, and the flying on such flight or flights
amounts to a total flying time of less than one (1) hour,
and after the completion of such flying the pilot is re-
leased from duty, he shall receive not less than one (1)
hour’s flying pay at regular first pilot or copilot rates for
the equipment, so flown. The above shall not apply to
pilots completing interrupted flights, check flights, train-
ing flights or practice flights.
Traveling Expense:
Section 14.
A. A pilot’s expense allowance while engaged in op-
erations away from his domicile base station shaii be forty
cents (40c) per hour for each hour, or fraction thereof,
while away from his base station; and when a pilot
is assigned by the Company to a temporary base station,
he shall, in addition, while engaged in operations away
from such temporary base station, be allowed forty cents
(40c) per hour for each hour, or fraction thereof, while
away from such temporary station, provided that no
expenses shall be allowed a pilot under this Section when
the period of time spent away from either his domicile
base station or his temporary station is less than three
(3) hours. No expense shall be allowed under this Sec-
tion on a flight where a pilot leaves his domicile base
station or temporary station and returns to such i
without a landing being made at a point other than such
base station or temporary station.
B. A pilot’s expense allowance while assigned to the
Company’s training school or any temporary duty or
assignment away from his base station shall be forty
cents (40c) per hour for each hour or fraction thereof
away from such staticn.
‘C. In addition to the provisions of Paragraph A of
this Section, additional expenses may be allowed covering
any extraordinary condition.
~
Moving Expenses.
Section 15.
A. Pilots, when transferring from one station to an-
other at Company request, will be allowed actual moving
expenses for household effects not to exceed a maximum
of 7,500 pounds or 1,100 cubic feet, if substantiated by
properly receipted bills for shipping, insurance, packing,
storage not to exceed fourteen (14) days, unpacking and
drayage. Expenses for car moving shall be allowed each
pizot at the following rates: Six cents (6c) per mile for
the shortest highway mileage between stations from which
and to which he is being transferred; plus an en route
expense allowance not to exceed three cents ( 3c) for each
mile traveled based on the shortest highway distance
between the two points.
Pilots transferring from one station to another at
their own request or successful base bidders (except as
otherwise provided in this agreement) will bear their
own moving expenses; however space-available transpor-
tation shall be furnished to such pilots and their im-
mediate families to the extent permitted by law.
C. Successful bidders on pilot assignments to newly
established or re-established pilot bases will be considered
as transferred at Company request and Paragraph A of
this Section will apply.
D. When a pilot is transferred at the Company's re-
quest, he shall, for the'first seven (7) days after arriving
at his new pilot base, be allowed reasonable expenses for
meals and lodging for himself and his immediate family,
36
provided al] expenses claimed for lodging are substanti-
ated by receipts.
E. In the event a presently established pilot base is
terminated or closed, all pilots at such oase shall be
allowed moving expenses in accordance with Paragraphs
A and D of this Section to any base to which they may
move under Section 28 of this Agreement.
Vacations:
Section 16.
A. Piiots shall receive vacations in accordance with
the .ollowing time and monetary stipulations:
1. A newly employed pilot who has been in the serv-
ice of the Company for a period of less than twelve (12)
months as of January Ist of any year shall receive one
(1) day’s vacation for each month of service with the
Company prior to January Ist. This vacation may be
taken at any time within the calendar year.
2. After the provisions of point 1 of this paragraph
have been complied with, pilots who have been in the
service of the Company twelve (12) months as of Jan-
uary Ist of any year shall receive a vacation annually
in accordance with the following table:
oe rr ere 14 days
I Cuca thap ewsidndckdewesavens 16 days
DT ahaa Ch bsedéecstesb cies vanes 17 days
Reh ee hias cvkecn bc nd e0edacenn 19 days
EEE Nabiecel s das e0ne ecnes%e nd ... 20 days
37
A pilot on leave or leaves of absence and/or off the
pryroll in excess of thirty (30) days, shall have his va-
cation reduced by one-twelfth (1/12) for each thirty (30)
days or part thereof that he is on such leave and/or off
the payroll in excess of thirty (30) days. Example:
| Total Vacation
On leave and/or days earned
off the rayroll reduced by
0 through 30 days ........-------+++* 0
31 through 60 days ........-------+++5: 1/12
61 through 90 days .........-----.+-++: 2/12
91 through 120 days .........-----++-555 3/12
121 through 15C days ........----+-+++++: 4/12
151 through 180 days ........--..--+-++:> 5/12
181 through 210 days .........----.-+++>: 6/12
211 through 240 days .......-..----+-+++> 7/12
241 through 270 days. ........-------++-++: 8/12
271 through 300 days ..........-----++++> 9/12
301 through 330 days .....-..--------+++: 10/12
331 through 360 days .........----.-+++>> 11/12
361 through 366 days .........-------+++: 12/12
3. A pilot who earns vacation during any calendar
year while on flat pay status for all or any part of such
year shall. for each day of vacation, be paid vacation
pay computed by dividing the amount of his total earnings
during such previous calendar year by the number of
days he was on pay status, provided, that if a pilo. at
the time of taking vacation is on flat pay status, he
shall receive his current pay.
4. A pilot who earns vacaticn during any calendar
year in which he was at no time on flat pay status shall
be paid, for each day he is on vacation, his current base
38
pay plus his “daily vacation rate” computed by dividing
the amount paid as earnings in the previous calendar year,
exclusive of base pay, by the number of days he was on
pay status.
0. For each day a pilot is on vacation he will be
credited \ith two hours and forty minutes (2:40) flight
time against his total allowable monthly flight time.
6. A pilot shall, at his option, have a minimum of
forty-eight (48) consecutive hours free from all duty with
the Company before he begins his regular annual vaca-
tion period. Lae
7. It is understood and agreed that this section will
apply only to vacations earned during the calendar year
1953 and thereafter and taken subsequent to January 1,
1954.
B. Preference in the periods in which pilots shall be
permitted to take their vacations shall be granted in the
order of seniority at the station at which they are based,
taking into consideration the requirements, of the serv-
ice.
C. A pilot shall be notified in writing as far in advance
as is practicable, but in no case less than thirty (30) days
in advance of the beginning of his vakation period. Va- Ff
cation assignments once established may be varied by |
mutual agreement between the pilot and the Company f
or in cases of emergencies stated in writing by the Vice |
President in charge of operations.
D. Vacations shall not be cumulative and must be
taken within the calendar year. However, in the event
39
Company operations in any year do not permit any pilot
his regular vacation during such year, he shall be so
notified in writing by the Company and he shail be per- |
mitted to take such vacation in the succeeding year.
When a pilot is not granted a vacation due to the orer-
ation of this Section for a previous year of service, such
pilot shall have his option of accrued vacation the fo!low-
ing year or vacation pay for vacation earned and not
received.
E. Upon written request, any pilot shall be granted two
weeks’ military leave per year without pay providing
_-Company operations permit.
F. When a pilot's employment with the Company
terminates during any year, he shall be paid for vacation
time earned prior to January 1 of that year and not
previously taken, and the total amount of such vacation
compensation shall be at tne rate of pay currently re- —
ceivable by such pilot, and such amount shall be in ad-
dition to any other compensation due him as of the date
of termination of employment, provided that this para-
graph shall not apply to pilots who have not completed
their probationary period as defined in Section 21 of
this Agreement.
on *
Hours of Service:
Section 17.
A. Eighty-five (85) hours of flying shall constitute
the monthly maximum for pilots.
40
B. For the purposes of this Section a pilot’s on-duty
period shall begin one hour prior to the actual departure
time of the first flight of his scheduled flight assignment
or at his required reporting time, whichever is later, and
Shall end upon the termination (“in time”) of such flight
or flights scheduled for said on-duty period; provided
that such on-duty period shall continue until broken by
a minimum rest period of eight (8) hours where suitable
‘sleeping accomodations are provided at or near by the
airport, or ten (10) hours. at stations where such ac-
commodations are not so available, 4r ten (10) hours at
the pilot’s base station.
cj &é pilot who is scheduled to be and actually is on
scheduled duty in accordance with the currently effective
base bid sheets for more than four (4) hours but not
more than eight (S) hours in any one on-duty period
shall be credited with a minimum of three (3) hours
of flying for the trip or trips which he is scheduled to
fly and flies; and when the flying pay time is less than
three (3) hours the difference between the flying pay
time and the three (3) hours shall be computed as an
extension nf the final portion of the last trip flown during
such on-iuty period, ani said difference shall be credited
as follews: (1) For flight time limitation purposes, and
(2) for flying pay purposes to the extent of such differ-
ence during any month in which the pilot's flying time
for pay purposes does not exceed seventy-six (76) hours,
and credited only in an amount necessary to bring his
flying time for pay purposes up to seventy-six (76)
hours, and any credit so used shall be in the.order of ac-
crual during the month (ie., first accrued first used).
D. A pilot who is scheduled to be and actually is on
scheduled duty in accordance with the currently effective
41
base bid sheets for more than eight (8) hours but not
more than twelve (12) hours in any one on-duty pe.iod
shall be credited with a minimum of four (4) flight hours
- for the trip or trips which he is scheduled to fly and
flies; and when the flying pay time is less than four *(4)
hours the difference between the flying pay time and the
four (4) hours shall be computed as an extension of the
final portion of the last trip flown during such on-duty
period, and Said difference shall be credited in the same
manner as is provided in paragraph C above.
E. A pilot who is scheduled to be and actually is
on scheduled duty in accordance with the currently ef-
fective base bid sheets for more than twelve (12) hours
in any one on-duty period shall be credited with a mini-
mum of five (5) flight hours for the trip or trips which
he is scheduled to fly and flies; and when the flying pay
time is less than five (5) hours the difference between
the flying pay time and the five (5) hours shall be com-
puted as an extension cf the final portion of the last trip
flown during such on-duty period, and said difference
shall be credited in the same manner as is provided in
paragraph C above.
F. A pilot will not be eligible for flying pay credit
under the provisions of paragraphs C, D. and E of this
Section during any month in which his flying time for
pay purposes exceeds seventy-six (76) hours.
G. When a pilot is not availzble for duty during
any part of the month, the seventy-six (76) hour limit
specified above shall be prorated accordingly.
H. This Agreement contemplates that pilots shall de-
vote their entire professional flying service to the Com-
48
42
pany, except that nothing in this Agreement shali be con-
strued to prevent any pilot from affiliating with the Na-
tional Guard or the reserve Military and Naval services
of the United States.
Paiste
Seniority General:
Section 18.
A. Seniority as a pili ~hall be based upon the length
of servicc as a pilot with the Company or with other
companies whose operations are taken over by the Com-
pany.
B. Seniority shall begin to accrue from the date a
pilot is first placed on the payroll on regular pilot status,
at which time he will be given a concurrent seniority
number and from which date seniority shall continue to
accrue during his period of service.
C. Seniority shall govern alpilots-in-case-of-promo-——
tion and demotion, their retention in case of reduction
e, their assignment or reassignment due to expan- ©
sion or reduction in schedules, their re-employment after.
release due to reduction in force, and their choice of
vacancies, provided that the pilot’s qualifications are
sufficient for the operation to which he is to be assigned.
In the event that a pilot is considered by the Company
not to be sufficiently qualified, the Company shall im-
mediately furnish such pilot written reasons therefor.
This Section shall apply except as otherwise stipulated
in this Agreement.
43
Pilot’s System Seniority List:
| Section 19.
No longer applicable.
Protest On Seniority List:
Section 20.
Within ter. days after January 1 and July 1 of each
year, the Company shall bring up to date and post a re-
vised Pilots’ System Seniority List which shall contain in
their proper order, names of all pilots then entitled to
seniority. Pilots shall have thirty (30) days after the post-
ing of such lists in which to protest to the Company any
omission or incorrect posting affecting their seniority in
any such revised list, but, such protest shall be strictly
confined to errors or changes occurring subsequent to the
posting of the prior System Seniority List.
a)
7 Period of Probation:
Section 21.-
A copilot shall be or probation for an aggregate of the
first twelve months of his service on flying status as a
copilot with the Company.
Leaves of Absence:
Section 22.
A. When the requirements of the service will permit, a
pilot may be granted a leave of absence for a period
44
not in excess of ninety (90) days, provided that a further
leave up to a total of three hundred and sixty (360) days
may be granted by the Company to a pilot serving in an
official capacity with the Association. When such leaves
are granted, the pilot shall retain and shall continue to
accrue seniority during such period, provided that during
such period the pilot maintains his air line pilot’s certi-
ficate or certificates required for his status. Such leave
or leaves may be extended for additional periods of not
to exceed ninety (90) days for each such leave when ap-
proved in writing by the Company, but during such ex-
tended leaves other than the first leave of the maximum
of ninety (90) days, except as provided in this paragraph
seniority shall not continue to accrue. If, during the first
leave of not to exceed ninety (90) days, the pilot shall
permit his air line pilot’s certificate. or certificates re-
quired far his status to lapse, his seniority shali accrue >
’ only to the date of such lapse provided that any pilots
on leave at the time this Agreement becomes effect've
shall continue on such leave in accordance with their
previous Agreement with the Company.
B. When leaves are granted on account of sickness or
injury, a pilot shal! retain and continue te accrue his
seniority whether or not he is able to maintain his air
line pilot’s certificate or certificates required for his
status, until he is able to return to duty or is found to
be unfit for such duty, except that in no case shall leave
for sickness or injury exceed a total continuous_period of
three (3) years. Return to duty after such leave shall be
subject to a reasonable qualifying period not to exceed
six (6) months.
C. Any dispute arising hereunder concerning the phy-
sical fitness of the pilot concerned shall be settled in ac-
cordance with Section 31.
45
D. A pilot returning from leave occasioned by sickness
or injury shall be permitted to exercise his seniority
at the base to which he had previously been assigned,
subject to Paragraph B of this Section.
E. A pilot on leave shall not, without prior written
permission of the Company, engage in aviation employ-
ment and shall not engage in business activties adverse to
the Company’s interest.
F. Any pilot who is involuntarily ordered to active
military sefvice, or volunteers for such service, in the
event war is declared by the United States of America,
or is involuntarily ordered to active military duty in a
partial or total emergency shall, during such periods of
service, be automatically granted a furlough by the Com-
i _of ninety.(90) davs after it is
possible for such pilot to secure a release or discharge
from such active service; and the pilot shall, during such
period, retain and continue to accrue his seniority. Pilots
who have completed their probationary period in accord-
ance with Section 20 of this Agreement shall, in addi-
tion to retaining their position on the seniority list, accrue
seniority for pay purposes. Return to duty after such
military furlough shall be subject to a reasonable quali-
fying period, the maximum of which shall be in accord-
ance with the following stipulations: —
1. Three (3) months if he has been on flying status
in the military service.
2. Six (€) months if he has been on non-fiying status
in the military service.
45
Nothing herein shall apply when a pilot voluntarily goes
on active duty for normal training periods each year,
in which case the pilot shall, if the requirements of the
service permit, be- entitled to a leave of absence during
such privds and shall continue to retain and accrue his
seniority.
Transfer to Non-Flying or Supervisory Duty: \
Section 23.
A. A pilot transferred to non-flying or supervisory
duty shall retain and continue to accrue seniority pro-
vided that such pilot maintains at al! times a valid air
line pilot competency certificate or certificates. If such
pilot shall permit his specified certificate or certificates
to lapse, he shall retain the seniority already accrued to
the time of such lapse and shall have a period of not to
exceed one year in which to regain such specified certi-
ficate or certificates. If he does so regain such specified
certificate or certificates within one year, his seniority
shall recommence to accrue from the date his certificate
or certificates are so regained.
B. When a pilot is transferred to non-flying or super- ‘
visory duty on account of sickness or injury_or becomes
sick or injured while on such non-flying or supervisory
duty, he shall retain his seniority during such period of
sickness or injury whether or not he is able to miaintain
his air line pilot certificate or certificates required for his
status, until he is able to return to flying duty or is found
to be unfit for such duty for a continuous period of three
(3) years.
47
C. If a pilot engaged in non-flying or supervisory
duty returns to line pilot flying, he shall be permitted
to exercise his seniority at his present pilot base.
Example: |
/
* 4. Present pilot base .......-.------+++-> New York
2. Present position, Chief MOM 4 cies New York
3. Returns to line flying duty at New York Pilot Base.
D. Any disputes arising hereunder concerning the
physical fitness of such pilot shall be settled in accord-
ance with Section 31.
E. All regular air line flying by check pilots shall
be in accordance with Section 18 of this Agreement.
Loss of Seniority:
Section 24.
Any pilot whose services with the Company are perm-
anently severed shall forfeit his seniority rights.
Seniority Promotions:
Section 25.
A. The Company may give copilots opportunity to
qualify as first pilot at any time, providing that all such
opportunities are given sufficiently in advance so as not
to interfere with their-premotion of first pilot, or pilots
acting in the status of first pilots, in the order of their
seniority, subject to Section 18, provided that any copilot
48 a
who has been in the active service of the Company for an
aggregate of seventy-two (72) months as a copilot, and
who-has not as yet obtained an Airline Transport Rating
will be given an opportunity to obtain such rating within
~the following twelve (12) month period. it is expressly
agreed and understood that pilots who have an aggregate
of seventy-two (72) or more months of service as a co-
pilot as of November 1, 1954, and who have not as yet
obtained an Airline Transport Rating, will be given ai:
~=epportunity to obtain such rating within the following
twelve (12) month period.
B. When a copilot fails to qualify for promotion as
a first pilot or reserve pilot in his proper turn in accord-
ance with System Seniority, his case shall be handled as
the circumstances indicate, subject to Section 30.
C. Pilots furloughed due to reduction in force, on
return -to—duty—shall be allowed iori
all time-accrued as a pilot with the Company prior to
such furlough, but shal] not continue to accrue seniority
during the period of furlough. All such furloughs shall
expire at the end of three (3) years from the effective
date of such furlough. Re-employment shall be subject
to the furloughed pilots passing a satisfactory physical
examination at the time of re-employment, and after re-
employment the pilot shall be required to serve any un-
expired portion of his probationary period.
D. All pilots furloughed from the Company shall file
proper addresses with the Company at time of furlough.
Any changes in address must be supplied to the Company
immediately. Any furloughed pilot failing to return to
duty within fourteen days of notice will be considered out
of the service unless a justifiable reason be prsented
therefor. ;
N
49
Seniority Date:
Section 26.
A. Any pilot once having established as seniority date
hereunder shal! not lose that date except as provided in
this Agreement.
B. When a junior copilot is promoted over a senior
copilot, by reason of the failure of the latter to qualify in
his turn, the senior copilot shall continue to retain his
position on the Pilots’ System Seniority List.
Schoo] Pay Guarantee:
Section 27.
—
oe
A. Pilots ing— school or flight ool at
mpany request for the purpose of qualifying on new
types of Company aircraft shall, except as provided in
Paragraph B. of this Section, be paid school pay, which
shall consist of their current base pay plus their average
daily earnings (exclusive of base pay) during the three
(3) calendar months immediately preceding such assign-
ment, exclusive of unpaid sick leaves and unpaid leaves
of absence. :
Example:
(1) A pilots’ total earnings, exclusive of base pay
during January, February, March=$1,872.00.
(2) . Days off without pay=2 days. $1,872.00 divided by
88 days=$21.27.
50
(3) Total number of days transition during April
equals 14 days.
(4) $21.27 x 14 days=$297.78 total pay for transition.
B. Pilots with ‘less than sixty (60) days’ flying pay
earnings during the three calendar months immediately
preceding such school assignment as a result of leave of
absence or being on a flat salary basis will be paid flying
pay, equal to one-thirtieth (1/30) of their cusrent mini-
mum monthly guarantee in addition to base pay for each
day such pilots attend school.
—
a i
C. A pilot who has been checked out and qualified as
first pilot on a type of equipment, and who subsequently
has not flown such type of equipment, either as first
pilot or copilot for an extended period of time, may be
reassigned by the Company as copilot on such equipment
for a period of time for familiarization purposes prior to
his moving to first pilot on such equipment. +In such
case said pilot while so assigned shall be paid in accord-
ance with Paragraphs A and B of this Section.
Filling of Vacancies:
Section 28.
A. Objective.
The objective of the Filling of Vacancies Section is to
provide an orderly method of applying the principles of
seniority as defined in Section 18 of the intra and inter
base filling of vacancies in such a manner that the “Pilots’
System Seniority List” will govern. It shall attain as
nearly as possible the same effect as if all pilots were
51
domiciled at one base in respect to promotion, demotion,
retention in case of reduction in force, assignment or re-
assignment due to expansion or reduction in the amount
of work.
B. Annual Statement of Anticipated Operating Require-
ments.
Concurrent with the activation of this Section 28 and
thereafter annually on or before the ist of Ma
pany will publi e to each pilot a
statement of the Company’s anticipated operating re-
quirements projected for the next twelve (12) months’
_operation..-Such statement shall include at least the
following items:
1. Base and system crew requirements.
2. Pilot divisions opera‘ing from each base.
iT i _-A—FTi wv¥X¥evyTy Teun, Oe
3. Apportionment of different types of equipment to
bases and to divisions within the bases.
C. Determination of Base ‘and System Pilot Require-
ments.
1. The Company shall compile, record and publish
a monthly summary of the first pilot requirements not
later than the 15th of the following month, for each base
and for the system as a whole. Such summary will clear-
ly indicate the seniority number of the last pilot who
would be regularly employed as first pilot if all pilots
were domiciled at one base, adjustment being made to
exclude regularly assigned supervisory personnel. That
seniority number shall be known as the system first pilot
~*~ - -* we
52
requirement number. The seniority number immediately
below the system first pilot requirement number will
designate the system senior copilot number.
(a) Base first pilot requirement is the total number of
first pisots required to meet tne needs of scheduling
__—-practices as indicated by the currently effective base bid
sheets plus any additions resulting from the application
of 28-J—3.
2. The Company shall compile, record and publish a
monthly summary of the copilet requirements, not later
than the 15th of the following month for each base and
for the system as a whole. Such summatr _’ will clearly
indicate the seniority number of the last copilot who
would be regularly employed as copilot if all pilots: were
domiciled at one base. That seniority number shall be
known as the system copilot requirement number.
(a) Base copilot requirement is the total number of
copilots required to meet the needs of scheduling practices
as indicated by the currently effective base bid sheets
plus the number of copilots needed to fill reserve first
pilot flying asignments. .
3. The pilot requirement existing at each base as com-
puted in compliance with 28-C-1 (a), 2(a) shall be con-
sidered a beginning period from which future expansion
or curtailment shall be recorded in the following manner:
(a) When the monthly summary of pilot requirements
shows a change from the beginning period at any base,
the Company shall indicate on the monthly summary
required by 28-C-1-2, whether that change is temporary
or permanent.
>
53
(1) A permanent vacancy or curtailment is a first
pilot or copilot vacancy or curtailment which is anticipated
to be six (6) months or more duration.
(2) A temporary vacancy or curtailment is a first pilot
or copilot vancancy or curtailment which is anticipated
to be less than six (6) monhts duration.
(3) Changes which have lasted six (6) months but
which have not been declared permanent shall be deemed
permanent for the purposes of this section unless the
Company and the Master Executive Council mutually
agree otherwise in the light of conditions then prevailing.
(4] The effects of permanent expansion or curtailment
shall be adjusted system-wide in accordance with Section
18 and in the manner required by 28-C-D-E-F.
D. Bulletining of Permanent Base Vacancies.
1. Prior to the permanent transfer: or asignment of
any pilot to a base the primary vacancy or vancancies to
be filled shall be bullentined at all stations where pilots
‘are domiciled as far in advance as is practicable, but in
no case later than the 10th of the month following the
creation of the vacancy. Such bulletin shall include at
least the following:
(a) Number of first pilot and copilot primary va-
cancies respectively.
(b) Base or bases at which the primary vacancy or
vacancies exist. :
(c) Reason for existence of such vacancy or vancan-
cies.
(d) Pilot divisions operating from the base or bases.
(e) Current apportionment of different types of equip-
ment being operated oVer such pilot divisions.
(f) The currently adjusted system first pilot and co-
pilot requirement numbers.
(g+ Provision for hidding on possible resultant vacan-
cies created by the filling of primary vacancies.
(h) A reasonable deadline date after which bids will
not be accepted. which date shall net be less than ten
(10) days after the bulletining of such vacancy or vacan-
CIes,
E. Procedure For Filling Permanent Base Vacancies.
1. The senior pilot or pilots bidding shall be assigned
to the base where such primary vacancy or vacancies
exist and all resultant vacancies created by this bidding
sha:] be filled accordingly systemwide.
(a) After being assigned to such base, pilots choice
of equipment, pilot divisions, and schedules flown on such
division shall be in accordance with Section 18 and stated
preferer:ce.
(b; Notwithstanding the provisions of this section,
the Company may reject the base preference of any pilot
who has not completed twelve (12) months of service
with the Company. >
&
55
2. If no eligible pilot bids on an existing vacancy or
vacancies, the Company may reassign a pilot or pilots
from another base, for the convenience of the Company,
to the base where the vacancy or vacancies exist; pro-
vided, however, that:
(a) Any pilot who holds a permanent base bid at his
present domicile may not be moved under Section 28-E-2.
(b) Any pilot who is scheduled to be reassigned and
who is within the system requirement number but does
not hold a permanent base bid at his present dorricile and
is not needed at his present domicile, shall have the
option of being reassigned in accordance with Section
28-F-3 (a) and (b).
(c) Any other pilot who is scheduled to be so reas-
signed shall have the option of displacing the system
junior pilot at a base other than the base where the
vacancy or vacancies exist; and provided further that:
(d) Any pilot who elects to exercise either of the op-
tions specified in (b) or (c) above will be considered as
being transferred at his own request and not for the
convenience of the Company, and the displaced pilot who
moves to the base where the vacancies exist will be
transferred for the convenience of the Company.
F. Curtailment or Closing of a Base.
1. At least thirty (30) days prior to any permanent
reduction in the number of pilots required at a base
all pilots at such base shall be notified in “writing of
date of such permanent reduction is contemplated.
2. At least sixty (60) days prior to the closing of
a base all pilots shall be notified in writing of date such
closing is contemplated.
3. In the event of base curtailment or closing, the
right to move from the base will be in accordance with
Section 18 and stated preference.
(a) First pilots moving from a curtailed or closed base
may move t= any base where flying used in computing
the system first pilot requirement number will be flown
bya pilot whose seniority number is below the system
first pilot requirement number, or where a previously
unfilled first pilot vacancy exists.
(b) Copilots moving from a curtailed or closed base
may move to any base where flying used in computing
the system copilot requirement number will be flown by
a copilot whose seniority number is below the system
copilot requirement number or where a previously un-
filled copilot vacancy exists.
ee
G. Filling of Temporary Vacancies.
1. Temporary vacancies at all bases. such as vacations,
relief flying, and all comparable flying of temporary
duration on all equipment, aud on all divisions operated
out of such bases, shall be filled in in the following order:
(a) In accordance with system seniority, and stated
preference, from the ranks of the ques pilots within
the particular base.
(b) By temporary assignment from another base. Such
pilot’s choice of assignments at such temporary base shall
—_ -_ ows ‘Sy
’ _ ,_,~ we _-
57
be in accordance with his qualifications, system seniority
and stated preference. When the need for such tem-
porary assignment ceases to exist ,the temporarily as-
signed pilot shall have no further rights at such base.
H. Mutual Transfers of Base.
1. Pilots with system seniority numbers above the
system first pilot requirement number may be permitted
to make mutual transf ; of base at their own expense,
subject to Company approval, provided such pilots’ seni-
ority is sufficient to hold a permanent base bid at the
base io which transferred.
2. Pilots with seniority numbers below the system
first pilot requirement number and above the system
copilot requirement number may be permitted to make
mutual transfers of base at their own expense, subject
to Company approval, provided such copilots’ seniority
is sufficent to hold a permanent copilot base bid at the
base to which transferred.
3. Pilots with seniority numbers below the system co-
pilot requirement number may be permitted to make
mutual transfers of base at their own expense, subject to
Company approval.
I. Assignment of Flying at a Base.
1. All flying assignments will be made in accordance
with Section 18 and the stated preference of the bidding
pilots assigned to the base.
(a) In the event there is a2 vacancy for which no one
has stated a preference. the Company may temporarily
58
assign the junior qualified pilot at the base to fill the
(1) The period of such temporarily assignment will
not exceed ninety (96) days, subject, however, to 28-Q.
2. All preferences within a base shall be rebid when:
(a) There is a reapportionment of type of equipment
on any division operating from such base.
(b)- A trip combination is changed so that the night
time increases or decreases fifteen percent (15%) or more
of the total time of such combination.
(c) The hour of departure at either terminal is changed
two (2) hours or more.
| (d) A schedule is added or removed which varies the
number of flying assignments.
(e) A filling of permanent base vacancies takes place.
(f) Improvement in trip combinations can be made.
3. If a pilot’s seniority entitles him to assignment on
equipment on which he is not qualified, and for which
he has expressed preference, and on which he is the suc-
cessful bidder in intra basé bidding, the Company will
exert its best effort to provide him an opportunity to
qualify within sixty (60) days from the date of his re-
quest, subject, however to 28-Q.
59
J. Reserve. Flying.
1. When the Company determines that _reserve flying
assignments are necessary at a base, such reserve flying
assignments will be proffered only to pilots domiciled at
that base and will be assigned in. accordance with Section
18 and sated preference of the pilots at that base.
2. The number of reserve pilots at any base shall be
sufficient to cover the necessary reserve flying, however,
the maximum number..of réserve pilots at any base
shall not exceed one reserve pilot for each ten (10) first
pilots at that base.
3. When the maximum number of necessary reserve
pilots at a base exceeds the limits of 28-J-2, the Company
and Master Executive Council will consider the advis-
ability of including such excess in the determination of
permanent base pilot requirements.
K. Opening New Base.
1. Should a new pilot base be created, the Company:
will notify all pilots in accordance with 28-D-1 (a), (b),
(c), (d), (e), (f), (g), Ch).
L. Activating Section 28.
(Activation completed. }
M. Annual! Transfers.
1. When the provisions of paragraph 28-L have been
compiled with, all future moves will be made as provided
in this agreement and further that on June 1 of each
year, moving shall be permitted in accordance with sys-
3. Not later than June 15 of each year, the Compan
60
tem seniority and stated preference under the following
conditions: ;
(a) A pilot holding a first pilot requirement number
may move to any base where first pilot flying, used in
computing the system first pilot requirement number, is
being regularly flown by a pilot whose seniority’ number is
below the system first pilot requirement ~ number, or
where previously unfilled first pilot vacancy exists.
(b) A pilot holding a copilot requirement number
may move to any base where copilot flying, used in
computing the system copilot requirement number, is
being regularly flown by a pilot whose seniority number
is below the system copilot requirement number, or where _
a previously unfilled copilot vacancy exists.
2. Pilots desiring to transfer under the provisions of ~
28-M-1 (a), (b) shall so state to the Company in writing
not later than June: 1 of the year desiring transfer.
shall announce the award of permanent base bids result-
ing from the operation of this paragraph as provided for
in 28-E-1.
N. System and Base Scheduling.
1. The Company shall, through its Vice President of
Operations, make every effort consistent with efficient
operation to:
(a) Keep the level of employment as stable as possible
at the various bases.
61
/
(b) Distribute temporary flying as equitably as pos
sible among the various bases.
(c) Publish and maintain a uniform set of procedures
to be followed systemwide in qualifying and training
pilots.
(d) Establish a systemwide pilot scheduling policy
and an orderly system of scheduling for each base. The
base scheduling system, so established, shall be published
‘and furnished to each pilot at the base.
(1) . Make available to the Pilots’ Scheduling Committee
a ing from that -base.
O. Transfer ‘of Pilots. ~~~
1. Transfer of pilots between bases when made for
the convenience of the Company shall be paid for in ac- _
__eordance— with Section 15. In addition, the e following
transfers shall be deemed for the convenience of the
Company.
(a) Primary moves caused by & permanent curtail-
ment at a base to afford opportunity to work as first
pilot to those first pilots displaced who are senior to the
current system senior copilot number.
(b) Primary moves caused by a permanent curtail-
ment at a base to afford opportunity to work as copilot
to those copilots displaced who are senior to the current
system copilot requirement number.
all pertinent information relating to the anticipated fly- —~
_P. All previous. reference in past agreements to base
bid holders are subject to the pruvisions of the system
first pilot and copilot requirement number concept as
outlined in this section of the Agreement.
Q. The Master Executive Council shall assist, advise
and consult with the pilots and Company on matters re-
lating to the application and interpretation of this section.
Investigation and Discipline:
Section 29.
A. Hearing.
1. A pilot shall not be disciplined or dismissed from
the Company without notification in writing as to any
such action, and such pilot shal not be disciplined-or~
dismissed without an investigation and hearing provided
that the pilot tnakes_written request for an investigation
‘and hearing within seven (7) days-after_receiving such =
notification.
2. Nothing in this Section shall be construed to pre-
vent the Company from holding a pilot out of service
prior to written notification of charges preferred against
him, and such written notification-stipulated in Paragraph
A-1 of this section shall be furnished the pilot/with ex-
peditiousness not exceeding seven (7) days.
3. Such investigation and hearing shall be held by a’
junior operating official of the Company designated by
the Company for that purpose and shall be held within
seven (7) days after the Company receives the written
notification from the pilot for an investigation and hear-
ing as stipulated in Paragraph A-1 of this Section.
4. Prior to such investigation and hearing, the Com-
pany shall furnish such pilot a copy ‘ofrthe precise charge
cr charges against him, and he shall not be required to
give testimony or furnish evidence prior to the actual
time of the investigation and hearing. He shall be given
the necessary time in which to prepare and to the
presence of witnesses and shall have the right to be rep-
resented by an employee of the Company of his choice
or by his duly accredited representative or representa-
tives.
5. Within seven (7) days after the close of such in-
vestigation and hearing, the Company shall announce its
decision in writing and shall furnish—the pilot, or his
B. Appeal.
___1, When a copy of such decision hasbeen received
by the pilot, or-his-duly accredited representative, and
such pilot is dissatisfied with the Company’s decision,
he shall have the right to appeal to the Vice President
in Charge of Operations of the Company, provided such
appeal request is filed by the pilot in writing with the
Vice President in Charge of Operations within seven (7)
days from the date of the pilot’s receipt of the decision
of the investigation and hearing conducted by the junior
operating official. Such appeal hearing shall be held
within seven (7) days after the receipt of the pilot’s re-
quest thereof by a senior operating official of the Com-
pany designated by the Compaany for that purpose.
64
2. Within ten (10) days after the close of such ap-
peal hearing, the Company shall announce its decision in
writing and shall furnish the pilot, or his duly accredited
representative a copy thereof.
C. General. |
1. If any decision made by the Compan
2. Nothing-nithis Agreement shal! extend the right
- of investigation and hearing to a copilot during his pro-
bationary period as stipulated in Section 21.
3. If, as a result of any hearing or appeal therefrom
as provided herein, a pilot is exonerated, he shall, if he
has been held out of service, be reinstated without loss
of seniority and shall be paid for such time lost in an
amount which he would have ordinarily earned had he
been continued in service during such period.
4. lf,-as-a_result of any hearing or appeal therefrom
as provided herein, the pilot shall. be exonerated,
personne] record shall be cleared of the charges.
5. When it is mutually agreed that a stenographic re-
port is to be taken of the investigation and hearing in
whole or in part the cost will be borne equally by both
parties to the dispute provided a Company employee is
not used as a recorder. In the event it is not mutually
agreed that a stenographic report of the proceeding shall
be taken, ahy written record available taken of such in-
.
ee
~~. ©& a 42. & fF &e eS S&S &@© se & = et
a. fA oS ee Oo
vestigation and hearings made by either of the parties to
the dispute shall be furnished to the other party to the
dispute upon request, provided that the cost of such writ-
ten record so requested, if made by other than a Com-
pany employee, shall be borne equally by — parties to
the dispute.
6. After the appeal provisions hereinbefore provided
have been complied with, further appeal by the pilot,
if made, shall be to the “Eastern Air Lines Pilots’ Sys-—
tem Board of Adjustment” as provided for in 1 the “Agree-
ment-between Eastern Air Lines, Incorporated, and the
Air Line Pilots in the service of Eastern Air Lines, In-
corporated, as represented ty the Air Line Pilots’ As-
sociation, International, covering the establishment and
-maintenance of a,System Board of Adjustment”, dated
July 23, 1941, and such appeal shall be made within
thirty (30) days from the date of receipt by the pilot or his
duly accredited representative or representatives, of the
decision of the Chief operating officer. All submissiéns
to the System Board of Adjustment shall be made in
conformity with Paragraph (h) of the Adjustment Boara
Agreement.
Grievances; ee
= a
Section 30. :
A. Any pilot or group of pilots hereunder who have
a grievance concerning any action of the Company af-
fecting them shall be entitled to have such grievance
handled in accordance with the procedure established in
Section 29 hereof for investigation and hearing cases of
discipline and dismissal.
66
B. Subject to space being available, witnesses and rep-
resentatives who are employees of the Company shall
receive free transportation over the lines of the Company
from the point of duty to the point of hearing and re-
turn.
Physical Examination:
Section 31.
A. The purpose and object of any Company physical
examination for a pilot shall be to diagnose the true and
actual physical condition of the pilot, and the pilot or
his duly designated personal physician will be furnished
with an exact duplicate copy of all medical examiner’s
reports affecting him.
B. Physicai standards for Company physical examina-
tions will be those standards set forth in the C.A.A. Reg-
ulations as being required to maintain a first class C_ A.A.
Medical Certificate for Air Line Pilots. Physical exami-
nation procedures shall be determined by the Company.
C. Any information obtained by, or a result of, a Com-
pany physical examination shall be strictly confidential
between the Company, the Company’s doctor, and the
pilot, and shall not be divulged to any other person with-
out the written permission of the pilot.
D. A pilot shall not be required to submit to any
Company physical examination in excess of two in any
twelve-month period without the pilot’s consent, unless
it is the Company’s opinion that his health or physical
condition is appreciably impaired, in which case the fol-
lowing procedure shall apply:
we _—_ i" € = j=
, \y =—_ '‘
|
67
1. The Company shali notify the pilot in writting,
specifying the nature and extent of its concern.
2. Any pilot hereunder wno . the Company’s opinion
fails to pass a Company physical examination may with-
in thirty (30) days, at his option, have a review of his
case in the following manner.
(a) He may employ a qualified medical examiner of
his own choosing and at his own expense for the purpose
of conducting a physical examination for the same pur-
pose as the physical examination made by the medical
examiner employed by the Company.
(b) A copy of the findings of the medical examiner
chosen by the employee shall be furnished to the Com-
pany, and in the event that such findings verify the find-
ings of the medical examiner employed by the Company,
no further medical revie-w of the case shall be afforded.
(c) In the event that the findings of the medical ex-
aminer chosen by the employee shall disagree with the
findings of the medical examiner employed by the Com-
pany, the Company wil] at the written request of the
employee ask that the two medical examiners agree upon
and appointed third qualified and disinterested medical
examiner, preferably a specialist, for the purpose of mak-
ing a further physical examination of the employee.
(d) Thc said disinterested medical examiner shall then
make a further examination of the pilot in question and
the case shall be settled on the basis of his findings.
(e) The expense of emiploying the disinterested medi-
cal examiner shall be borne one-half by the pilot and
one-balf by the Company, Exact duplicate copies of such
medical examiner’s report shall be furnished to the Com-
pany and to the pilot.
E. When a pilot is removed from flying status by
the Company as a result of his failure to pass the Com-
pany’s medical examination and appeals such action un-
der the provisions of this Section, he shall, if.such action
is proven to be unwarranted as provided in paragraph
D. of this Section, be paid retroactively for all -time lost
in an amount which he would have ordinarily earned.
had he been continued on flight status during such period;
providing further that in no case shall he be paid for a
period in excess of ninety (90) days from the date of
his removal from flight status.
Pay—“Foreign and Overseas Operation”:
Section 32.
A. First pilots assigned to the Company's “Foreign
and Overseas Operation” shall be paid in addition to other
rates of compensation two dollars ($2.00) for each hour
flown in such operation, whether day or night flying.
B. Copilots assigned to the Company's ‘‘Foreign and
Overseas Operation” shali be paid in addition to other
rates of compensation one dollar and five cents ($1.05)
for each hour flown in such operation, whether day or
night flying.
C. Pilots assigned to the Company’s “Foreign and
Overseas Operation” shall be paid a minimum amount
of monthly compensation in accordance with their ap-
plicable rates of compensation stipulated in this Agree-
ment for seventy (70) hours of flying one-half day and
one-half night.
D. Pilots flying in both “Foreign and Overseas” and
domestic operation during any calendar month shall have
their minimum guarantee prorated according io the num-
ber of pay hours in each operation.
Expenses Pilots and Copilots—‘Foreign and Overseas
___-—— Operation”:
ee
Section 33._ ¥
=—
Pilots, while flying in “Foreign and overseas Operation”,
shall receive traveling expense allowances in accordance
with Section 14 of this Agreement. However, when the
expense allowances under that section are insufficient to
cover the norma! layover expenses at any specific foreign
layover point then the Company shall provide a supple-
mentary expense allowance for such layover in crder to
reimburse the pilot for the additional expense. The amount
of the supplementary expense allowance shall be arrived at
by mutual nt, based upon the cost of suitable
lodging, meals, transportation, such allowance may be
different for each of the foreign stations and adjustments
may be made time to time by mutual agreement
based on changing conditions affecting such supplementary
expense allowance. °
. 76
Pay—“Off-Shore Operation”:
Section 34.
A. First pilots assigned to the Company’s “Off-Shore
Operation” shall be paid in addition to other rates of
compensation, one ($1.00) dollar for each hour credited in
such operation, whether day or night flying.
B. Copilots assigned to the Company’s ‘Off-Shore
Operation” shall be paid, in addition to other rates of
compensation, fifty-five (55c) cents for each hour credited
in such operation, whether day or night flying.
C. Hours flown in the Company’s “Off-Shore Opera-
tion” shall be computed and credited as follows:
The normal flight mileage from point of leaving the
shore of the mainland to point of arrival over the shore
of the mairland shall be divided by the pegged speed
for mileage purposes of the aircraft flown plus twenty-
five (25) miles per hour. The dividend so computed
shall be credited to the pilot as hours flown in such op-
eration.
Unless and until otherwise agreed by the parties here-
' to, the flights to be deemed “Off-Shore” flights and the
hours to be credited for each one-way “Off-Shore” flight
shall be as follows:
_ 1, Flights flown on the direct course between the
shoreline near West Palm Beach and the shoreline near
Wilmington, N. C., (496 miles)=2.1 hours on DC- air-
craft, 1.7 hours on L-749 aircraft, 1.7 hours on L-1049-
and DC-6B aircraft, 1.5 hours on L-1049C aircraft and 1.4
hours on DC-7 and DC-7B aircraft.
71
2. Flights flown on the direct course between the
shoreline near Tampa and the shoreline near New Orleans
' (439 miles) = 1.8 hours on DC-4 aircraft, 1.5 hours on
L-749 aircraft, 1.5 hours on L-1049 and DC-6B aircraft,
1.4 hours on L-1049C aircraft and 1.3 hours on DC-7 and
DC7B aircraft.
$. Flights flown on the direct course between the
shoreline near Tampa and the shoreline near Galveston
(748 miles) = 3.1 hours on DC-4 aircraft, 2.6 hours on
L-749 aircraft, 2.5 hours on L-1049 and DC-6B aircraft
23 hours on L-1049C aircraft and 2.1 hours on DC-7 and
DC-7B aircraft.
Workmen’s Compensation Benefits:.
~
Section 35.
For Workmen’s Compensation purposes, the pilots as-
signed to the Company’s “Foreign and Overseas Opera-
tion” or “Off-Shore Operation” shall. be provided the
benefits afforded by all the provisions of the Federal
Longshoremen’s and Harbor Worker’s Act.
Missing Pilots:
Section 36.
When a pilot assigned to the Company's “Foreign and
Overseas Operation” or “Off-Shore Operation” becomes
. missing, while engaged in these operations, and his where-
abeuts becomes unknown, he shall be allowed the mini-
mum monthly guarantee stipulated in this Agreement
for such operation for a period of twelve (12) months,
after disappearance or until such date as death is estab-
72
lished, whichever occurs first. If, upon the expiration
_ of such twelve-month period, any such pilot is still miss-
ing, and his whereabouts is stili unknown, or if prior
to that time death is established, the Company shall pay
or cause to be paid the death benefit provided for in
Section 35 of this Agreement.
Benefit Assignments:
Section 37.
A. The monthly compensation allowable under Sec-
tions 35 and 36 of this Agreement to a pilot who is mis-
sing shall be credited to such pilot on the books of the
Company and shall be disbursed by the Company in ac-
cordance with written directions from him. The Com-
pany shal] require all pilots to execute and deliver to the
Company a written direction in the form hereinafter
set forth: -
“To Eastern Air Lines, Inc.:
“You are hereby directed that all payments and benefits
provided for me as a pilot in the Company’s ‘Foreign
and Overseas Operation’ or ‘Off-Shore Operation’ in the
present agreement between the Company and the Air
Line Pilots in the service of the Company, as such Agree-
ment may be amended from time to time, shall be paid in
the event of my death, missing status, or other condition,
making payment directly to me impossible, as follows:
Bucixs las ee SR TO CUI) acai: cs cin ee cence ows
IE bois can dita es besa od dea as long as living,
ee re: OD CURIUIDD oon on vnc i vdcs bwdbuw cate ceoda
gE ees kansas as long as living,
PEE, task cKi4 6045 hba tec ckeans as long as living.
73
“The balance, if any, and any amounts accruing after
the death of all persons named in the above designations
shall be held for me, or in the event of my death before
receipt thereof, shall be paid to the legal representative
of my estate. To the extent that payment to any other
"> person may be required by iaw, the Company is hereby
authorized to make payment to such person and deduct
the amount so paid from the amount to be paid to the
beneficiaries named above.
“The foregoing direction may be modified from time
to time by letter signed by the undersigned, and any such
modification shall become effective upon receipt of such
letter by you.
“Any payments made by the Company pursuant to ‘this
direction shall, to the extent of such payment, fully re-
lease the Company from: liability for further payments
relating to the same type of obligation.
Executed this .... day of ............-5-55: Msc
6eee @ OBC BBB Oe eee eee sees
Se ee 2. eee ee ee ee ee ee ee ee
~ B. Any payments due to any pilot under this Sec-
tion which are not covered by a written direction as
' above required shall be held by the Company for such
pilot and~in the event of his death shall be paid to
the legal representative of his estate.
Section 38.
A. Sick leave allowance wil] accrue to all pilots
at the rate of one and one-sixth (1-1/6) days for each
month of active service to a maximum. of one hundred
twenty (120) days. Pilots will not be eligible for sick
Jeave benefits during the first three (3) months of active
service. However, sick leave credit will accrue during
that period. .
B. A pilot will automatically be placed on sick leave
on the day he is unable to fly his assignment and he will
remain on sick leave unti] he advises the Company that
. he is available for duty. A pilot shall report available
for duty as soon as physically fit.
C. A pilot on sick leave shall, in addition to base
pay, he paid one-ninetieth (1/90) of his lasx three com-
plete calendar months flight pay for each day off sick
to the extent of his accrued sick leave. A pilot who has
no sick leave credit accrued will not be eligible for any
type of pay.
D. A pilot will be eligible for sick leave pay to the
extent of his accrued sick leave during a month in which
his flying pay does not exceed his minimum monthly
guarantee; provided that payment for sick leave and fly-
ing pay shal] not exceed a pilot’s minimum monthly
guarantee as provided in Section 10 of this Agreement.
75
E. A pilot will not be eligible for sick leave pay
during a month in which his flying pay exceeds his mini-
muzn monthly guarantee as provided in Section 10 of this
Agreement.
. F. Only the number of sick leave days paid for will be
deducted from a pilot’s accrued sick leave credit. If the
payment results in fractional days, one-half (4%) day or
more will be considered a full day; less than one-half (4)
day will not be counted.
G. The Company may require a physician’s certi-
ficate to confirm a sick leave payment claim.
H. There shall be deducted from sick leave payment
any weekly indemnity pay such as Workmen’s Compensa-
tion which is applicable to the same period of absence.
I. A pilot who is laid off due to a reduction in force
_ shall have sick leave accrued prior to lay-off credited to
him in the event of recall.
J. For each pilot sick leave credit prior to July 1,
1953 shall be established at the rate of one-half (44) day
accrual for each month of service as a pilot with the
Company to a maximum of one hundred twenty (120).
days total sick leave credit. A pilot with a year or more
of service with the Company as of July 1, 1953 shall be
allowed a minimum of thirty (30) days sick leave credit
by the Company provided that the difference between
such thirty (30) days sick leave credit ard the pilot’s
earned sick leave accrual shal} be made up by the pilot
in accordance with paragraph A. of this section before
he may accrue sick leave credit beyond such thirty (30)
days.
‘AIL orders to pilots involving a_change in base sta--—
tion’ assignments, promotions, demotions, furlough, and
leave of absence, shall be stated in writing, except that
temporary assignments of pilots not holding regular runs
shall not require a written order other than the necessary —
flight forms.
Section 40.
No pilot employed in. the regular scheduled service of
the Company shall be raquired to pay for training re-
quired and conducted by the Company for the purpose
of procuring or maintaining the pilot’s or the Company’s
air line certificates or other licenses.
Section 41.
A pilot shall not be required to pay damage costs of
airplanes damaged in the service.
Section 42.
This Agreement shall be binding upon any successor
or merged company or companies, or any successor in
control of the Company.
Section 43.
The recommendations of the EAL Pilot Representa-
tives shall be considered by the Company before making
any change in the style, color, or material of uniforms.
77
Section 44.
‘The Company will expeditiously provide each pilot
with a copy of the Agreement printed and bound in a
_ convenient pocket-size booklet. |
Section 45.
This Agreement shall supersede and take precedence
over all Agreements, Supplemental Agreements, Admend-
ments, Letters of Understanding, and similar related
documents executed between the Company and the As-
sociation prior to the signing of this Agreement, with the
exception of the Agreement effective July 23, 1941, cover-
ing the establishment and maintenance of a “System
Board of Adjustment”, and Letters of Agreement signed.
February 21, 1952, March 6, 1952 and March 26, 1952, as
amended, provided that all rights and obligations, mone-
tary or otherwise, which may have accrued prior to the
effective date of this Agreement under the said Agree-
ments, Supplemental Agreements, Amendments, Letters
of Understanding, and similar related documents for the
pilots of the Company shall remain in effect until satis-
fied or discharged.
Section 46.
This Agreement shall become effecti “(except as to
pilots who on April 15, 1955 we the payroll by reason
of discharge or resignation) on July 1, 1954 except the
following: Se
Section 12, Paragraph A (Deadheading); Section 17
(Hours of Service); Section 27, Paragraph C (School Pay
Guarantee); Section 28 (Filling of Vacancies) and Section
78
38, Paragraph A and J (Sickness and injury), which shall
become effective May 1, 1955.
This Agreement shall continue in full force and effect
until June 1, 1987 and shall renew itself without change
until each succeeding June Ist thereafter unless written
notice of intended change is served in accordance with
Section 6, Tit’s I, of the Railway Labor Act, as amended,
by either party hereto at least sixty (60) days prior to
June 1 in any year.
In Witness Whereof, the parties hereto have signed this
Agreement this the 15th day of April, 1955.
For Eastern Air Lines, Inc.,
(S) S. L. SHANNON.
Witness:
(S) W. H. WHATLEY.
\
\
For the Air Line Pilots in the Serv-
ice of Eastern Air Lines, Inc.,
(S) CLARENCE N. SAYEN.
Witness:
(S) J. P. TALTON,
(S) ELLIOT P. LYON,
(S) D. T.:MUDD,
(S) M. H. EHLIES,
(S) KARL D. ULRICH,
(S) A. G. ROBERTSON, JR.,
(S) W. T. RIVENBARK,
(S) C. O. ROGERS.
Agreement between Eastern Air Lines, Inc., and the Air
Line Pilots in the service of Eastern Air Lines, Inc., -as
represented by Air Line Pilots Association, International,
covering the establishment and maintenance of a System
Board of Adjustment. |
i on ban teal
It Is Mutually Agreed That:
(a) 1. The term “Company” as used herein shall
construed to mean Eastern Air Lines, Inco
(b) In compliance with Section 204, Title II, of the
Railway Labor Act, as amended, there is hereby estab-
lished a system board of adjustment for the purpose of
adjusting and deciding disputes which may arise under
the terms of the Pilots Agreement and which ere properly
submitted to it, which board shall be known as “Lastern
Air Lines Pilots System Board of Adjustment” hereinafter
referred to as the “Board”.
(c) The Board shail consist of four (4) memb:rs, two
(2) of whom shall be selected and appointed by the As-
sociation and two-(2) by the Company, and such ap-
pointees shall be xnown as “Adjustment Board Members.”
(d) The four members shall serve for one year from
the date of their appointment or until their successors
have been duly appointed. Vacancies in the membership
of the Board shall be filled in the same manner as is pro-
vided herein for the selection and appointment of ‘the
original members of the Board.
(e) The Board shall have jurisdiction over disputes
between any employee covered by the Pilots Agreement
and the Company growing out of grievances or cut of
fan dias Wee a le
Pilots Agreement. The jurisdiction of the Board shall not.
extend te propoged changes in k urs of employment, rates
of compensation or working conditions covered by exist-
ing agreements between the parties hereto.
(f) The Board shall consider any dispute properly
submitted to it by the President of the Association or by
the Chief Operating Officer of the Company, when such
dispute has not been previously settled in accordance with
the terms provided for in the Pilots Agreement.
(g) Appointments of members of the Board shall Le
made by the respective parties within thirty (30) days
from the date of the signing of this agreement and said
appointees shall meet in the city of Miami, Florida within
forty-five (45) days from the date of the signing of this
agreement, and shall organize and zelect a Chairman and
a Vice-Chairman, both ef whom shall be members of tle
Board. The term of the office of Chairman and Vice-Chair-
man shal] be one (1) year. Thereaficr the Board shall
designate one of its members to act as Chairman and one
to act as Vice-Chairman for one (1) year terms. Each
s2ticer so selected shall serve for one (1) year and until his
successor has been duly selected.
TRe officer of Chairman shal] be filled and held
alternately by an Association member of the Board and
by a Company member of the Board. When an Associa-
: 81
tion member is Chairman, a Company member shall be
Vice-Chairman, and vice versa. The Chairman or, in his
absence the Vice-Chairman, shal] preside at meetings of
the Board and at hearings and shal] have a vote in con-
nection with all actions taken by the Board.
After the organization meeting referred to herein. the
Board shell thereafter meet in the City where the
general operations offices of Eastern Air Lines, incor-
porated, are maintained (unless a different place of meet-
ing is agreed upon by the Board) during the first
week ir May and the first week in November of each
year, provided that at such times there are cases filed
with the Board for consideration, and shal] continue
in session until all matters before it have been con-
sidered, unless other. ise mutually agreed upon.
(h) All disputes properly referred to the Board for
consideration shail be addressed to the Chairman. Five
(5) copies of each petition including all papers and ex-
hibits in connection therewith, shall be forwarded to the
Chairman, who shal] promptly transmit one (1) copy
thereof to each member of the Board. Each case submitted
. shall show:
1. Question or questions at issue.
2. Statement of facts.
3. Position of employee or employees.
4. Position of Company.
When nossible joint submissions should be made, but if
the parties are unable to agree upon a joint submission
82
then either party may submit the dispute and its position
to the Board. No matter shall be considered by the Board
which has not first been handled in accordance with the
appeals provisions of the Pilots Agreement, including the
rendering of a decision thereon by the Chief Operating
Officer of the Company.
(i) Upon receipt of notice of tne submission of a dis-
pute, the Chairman shall set a date for hearing, which shall
be at the time of the next regular meeting of the Board
or, if at least two (2) members of the Board consider the
matter of sufficient urgency and importance, then at such
earlier date and at such place as the Chairman and Vice-
Chairman shall agree upon, but not more than fifteen (15)
days after such request for meeting is made by at least
two (2) of said members, and the Chairman shal! give
the necessary notices in writing of such meeting to the
Board members and to the parties to the dispute.
(j) Employees covered by the Pilots Agreement may be
represented at Board hearings by such person or persons
as they may choose and designate, and the Company may
- be represented by such person or persons as it may choose
and designate. Evidence may be presented either orally,
or in writing, or both.
On request of individual members of the Board, the
Board may, by majority vote, or shall at the request of
either the Association representatives or the Company
representatives thereon, summon any witnesses who are
employed by the Company and who may be deemed neces-
sary by the parties to the dispute, or by either party, or
by the Board itself, or by either group of representatives
constituting the Board.
83
The number of witnesses summoned at any one time
shall not be greater than the number which can be spared
from the operation without interference with the services
of the Company.
(k) A majority vote of all members of the Board
shall be competent to make a decision.
(1) Decisions of the Board in all cases properly refer-
able to it shali be final and binding upon the parties here-
to.
(m) In the event of a deadlock in the case of any
dispute properly referable to it, it shall be the duty
of the Board to endeavor to agree, within thirty (30)
days from the date of such deadlock, upon a procedure for
breaking such deadlock. A majority vote of all members of
the Board shaM be competent to reach such agreement
and the action of the Board, operating under such proce-
dure, shall be final and binding upon the parties hereto.
The thirty (30) day period specified herein with
respect to agreement upon a procedure for breaking a
deadlock may be extended by mutual consent of the par-
ties hereto, but if agreement upon a procedure is not
reached within such thirty (30) days and such thirty (30)
days is not further extended by consent of the parties
hereto, the Board shall have no further reo in
that case.
(n) Nothing herein shall be construed to limit, restrict |
- or abridge the rights or privileges accorded either to the
employees or to the employer, or to their dvly accredited
_representatives, under the provisions of the Railway
Labor Act, as amended, and the failure to decide a dispute
84
under the procedure established herein shall not, there-
fore, serve to foreclose any subsequent rights which such
law may efford or which may be established by the Na-
tional Mediation Board by orders issued under law with
respect to disputes which are not decided under the pro-
cedure established herein.
(o) The Board shall maintain a complete record of all
matters submitted to it for its consideration and of all
findings and decisions made by it.
(p) Each of the parties hereto will assume the com-
pensation, travel expense and other expenses of the Board
members selected by it. :
(q) Each of the parties hereto will assume the com-
pensation, trave] expense and other expenses of the wit-
nesses called or summoned by it. So far as space is avail-
able, witnesses who are employees of the Company shal]
receive free transportation over the lines of the Company
from the point of duty or assignment to the point at which
they must appear as witnesses and return, to the extent
permitted by law.
(r) The ‘Chairman and the Vice-Chairman, acting
jointly shall have the authority to incur such other ex-
penses as in their judgment may be deemed necessary
- for the proper conduct of the business of the Board and
- such expense shal] be borne one-half by each of the per-
—ties hereto. Board members who are employees of the
Company shal] be granted necessary leaves of absence for
the performance of their duties as Board members. So far
as space is available, Board members shall be furnished
free transportation over the lines of the Company for the
purpose of attending meetings of the Board, to the extent
permitted by law.
(s) It is understood and agreed that each and every
Board member shall be free to discharge his duty in an
independent manner, without fear that his individual re-
lations with the Company or with the employees may be
affected in any manner by any action taken by him in
good faith in his capacity as a Board member.
(t) This agreement shall become effective as of the
date of the signing hereof and shall continuein-fult force”
and effect until July 23, 1942, and shall renew itself with-
out change until each succeeding July 23rd thereafter,
unless written notice of intended change is served in ac-
cordance with Section 6, Title I, of the Railway Labor
Act, as amended, by either party hereto at least thirty
(30) days prior to July 23rd in any year.
In Witness Whereof the parties hereto have signed this
agreement, this the 23rd day of July, 1941.
For Eastern Air Lines, Inc.,
By S. L. SHANNON,
Vice President, in Charge of
Operations.
For the Air Line Pilots in the Serv-
ice of Eastern Air Lines, Inc.,
By DAVID L. BEHNCKE,
President, Air Line Pilots As
sociation, International.
Witnessed: FRANK B. KERN, <
Witnessed: JOHN H. HALLIBURTON,
. Witnessed: VERNON A. PETERSON,
Witnessed: W. B. INMAN, JR,
Witnessed: HOWARD N. MANN.
PLAINTIFF'S EXHIBIT 2.:
(July 28, 1950.)
. Mr. S. L. Shannon
Vice President-Operations ~~
___Eastern-Air-Lines, Inc. Inc.
Miami, Florida.
Dear Mr. Shannon:
First let me say that I sincerely appreciate the op-
portunity that you are giving me to come back on the
line as captain.
Naturally, the six months layoff without pay for im-
proper handling of flight 703 at Detroit on January 29,
4950 has been hard to take. However, I have had plenty
of time to think about it during my enforced absence
from the line, and I realize that I wes wrong in this case
and have been wrong in the other cases in the past,
where I have been called on the carpet or disciplined
by Management. I have made up my mind that I must
behave myself if I expect to contiune as an employee
of Eastern Air Lines.
Therefore, I hereby state that you may consider this
letter to be my letter of resignation as an employee of
Eastern Air Lines, which you may accept at anytime in
the future, should you personally feel that I am not hand-
ing my job in the proper manner.
I sincerely hope that I will be allowed to continue as
an employee with Eastern for many years to come, and
I want to assure you that I shall do everything in my
power to keep it that way.
Very sincerely yours,
PAUL S. WOOLEY.
PSW-k.
87
PLAINTIFF’S EXHIBIT 3.
Eastern Air Lines
Incorporated
Member of the National Safety
; Council
Miami International Airport
Miami 48, Fla.
February 20, 1956.
Captain Paul S. Wooley
Eastern Air Lines, Inc.
Miami, Florida.
Dear Captain Wooley:
In reference to you. letter of resignation dated July
28, 1950 please be advised that I personally do not feel
that you have been handling your job in the proper man-
ner and therefore your resignation as an employee of.
Eastern Air Lines, Inc. is hereby accepted to become ef-
fective immediately.
Please contact your Chief Pilot regarding any sattere
connected with this termination of your employment with
the Company.
Very truly yours,
(Signed) S. L. SHANNON,
(S. L. Shannon),
Senior Vice President.
SLS: dk.
88
PLAINTIFF'S EXHIBIT 4.
Before the Eastern Air Lines Pilots System Board of /d.-
iustment.
In the Matter of the Grievance of:
Paul S. Wooley.
Decision of the Board of Adjustment.
The Grievant herein contends that his employment as
an airline captain with the Company was wrongfully
terminated in that his purported letter of resignation,
dated July 28, 1950 and accepted by the Company Feb-
ruary 27, 1956, was not intended to have effect as such
and that there was not sufficient cause or ground for his
involuntary dismissal.
The Board finds:
1. That the letter of vesignation was given by the
~ Grievant as part of a settlement of a previous grievance
wherein he was contesting his dismissal by the Company,
such settlement being negotiated by the Grievant and
his representatives, officials of the Air Line Pilots As-
sociation International, on the one hand and the Com-
pany on the other hand;
2. That the letter of resignation was given by the
Grievant in gocd faith and was intended by all involved
in the settlement to be effective and to be accepted by
the. Company fez good and sufficient reasons but not
arbitrarily or capriciously;
%. That Grievant's resignation was accepted by the
{ompany for good and sufficient reasons and that the
89
Company did not act arbitrarily or capriciously in ac-
cepting Grievant’s resignation; and —
4. That the Grievant’s letter of resignation, having
been properly accepted by the Company, terminated
Grievant’s.employment with the Company.
Decision of the Board:
Grievance denied.
— at Miami, Florida August 1, 1956.
R. W. RIVENBARK,
(R. W. Rivenbark),
R. M. TEDLOCK,
(R. M. Tedlock),
Pilot Member.
S. L. SHANNON,
(S. L. Shannon),
Company Member.
GEORGE A. SMITH,
(G. A. Smith),
Company Member.
On October 18, 1956 ANSWER OF AIR LINE PILOTS
ASSOCIATION, INTERNATIONAL and R. W. RIVEN-
BARK and R. M. TEDLOCK was filed in the words and
figures as follows:
(Title Omitted.)
The defendants, Air Line Pilots Association, Interna-
tional. and R. W. Rivenbark and R. M. Tedlock, answer-
90
ing the complaint heretofore filed by the plaintiff, Paul
S. Wooley, in the above entitled cause. say:
I.
The defendants admit that the plaintiff, for several
years, was employed as a pilot by the defendant, Eastern
Air Lines, Inc. The defendants are advised, however,
and so allege, that the plaintiff resigned from such em-
ployment effective February 20, 1956. The defendants
further allege that the agreement “effective July 1, 1954,”
referred to by the plaintiff has been superseded by an
agreement effective June 1, 1956. The provisions of the
agreement of July 1, 1954, which: are pertinent to this
cause remain unchanged in the agreement of June 1, 1956.
Except as specifically admitted’ hereinabove, the defend-
ants deny the allegations contained in paragraph I. of
the said Complaint.
II.
(a) The first paragraph of Paragraph Il. of the said
Complaint is admitted.
(b) As to the allegations contained in the second para-
graph of Paragraph II. of the said Complaint, the defend-
ants respectively show unto the Court that Air Line Pilots
Association, International, is a voluntary, unincorporated |
association and that its principal office is in Chicago,
Illinois. The said defendant is a labor usion whose mem-
bership is composed of pilots and copilots employed by
scheduled air carriers. It is the duly authorized and
accredited collective bargeining agent, under the terms
and provisions of the Railway Labor Act, 45 USCA, Sec-
tions 151-163 and 181-188,.for all of the scheduled air
91
carrier in the United States, including the defendant,
Eastern Air Lines, Inc. During the period of his em-
ployment by Eastern Air Lines, Inc., the plaintiff was
a third party beneficiary under applicable collective bar-
gaining agreements negotiated by Air Line Pilots Asso-
ciation, International, with Eastern Air Lines, Inc. and he
was represented by the Air Line Pilots Association, In-
ternational, as his collective bargaining agent as defined
by the Railway Labor Act. Except as specifically admitted
hereinabove, the defendants deny the said allegations oi
the said second paragraph of the said Paragraph II. of the
said Complaint.
(c) The defendants admit the remainder of the al-
legations contained in Paragraph II. of the said Complaint.
ITI.
The defendants deny that this Court has jurisdiction of
the subject matter hereof. They admit the diversity of
citizenship alleged in Paragraph III. a. and the last sen-
tence and the second paragraph of Paragraph III. b. of
the Complaint, but they show u:to the Court that, un-
der the Railway Labor Act and decisions of the Supreme
Court of the United States and other courts, exclusive
jurisdiction of the matters complained of by the plain-
tiff is in the Eastern Air Lines Pilots System Board of
_ Adjustment. Except as specifically admitted hereinabove,
the defendants deny the allegations contained in Para-
graph III. of the said Complaint.
IV.
The defendants admit that the plaintiff was employed
asa pilot by Eastern Air Lines, Inc., from on or about
November 15, 1936, to on or about February 20, 1956. As
to the remaining allegations of Parag-aph IV. of the said
Complaint, the defendants are without knowledge except
that they are advised and believe that the said allega-
tions are correct.
V.
The defendants, upon information and belief, admit the
allegations contained in Paragraph V. of the said Com-
plaint except they are advised and believe that the dis-
ciplinary action taken against the plaintiff in 1950 was
the result of an incident of important and significant
rule infraction by the — not characterized as a
mere ‘operational dispute”
VI.
As to the allegations contained in Paragraph VI. of the
said Complaint, the defendants are without specific knowl-
edge. For this reason, they deny the allegations contained
in the said Paragraph VI.
VII.
As to the allegations contained in Paragraph VII. of the
said Compiaint, the defendants are without specific Imnow!}-
edge. For this reason, the; deny the said allegations
except they admit that the grievance of the plaintiff was
settled as described by the plaintiff in his Complaint.
Vit.
As to the allegations contained in Paragraph VIII. of
the said Complaint, the defendants respectfully show unto
93
the Court that two members of Air Line Pilots Association, .
International, namely, pilots Babbitt and Wood, negotiated
with the defendant, Eastern Air Lines, Inc., in an effort
to arbitrate the grievance of the plaintiff As a con-
dition of the settlement described. by the plaintiff in
Paragraph VII. of his Complaint, it was agreed between
plaintiff and the defendant, Eastern Air Lines, Inc., that
the plaintiff would execute the letter attached to the
Complaint as Plaintiff's Exhibit No. 2: The plaintiff was
fully advised concerning the letter and the purpose there-
of, and the letter itself is self explanatory.
IX.
As to the allegations contained in Paragraph IX. ‘of the
said Complaint, the defendants are without knowledge.
For this reason they deny the said allegations except
that they admit the letter attached to the Complaint as
Plaintiff's Exhibit No. 2 and the execution thereof by
the plaintiff. The defendants specifically show unto the
Court that they are without knowledge as to who pre-
pared the said letter or what conversations concerning
it took place between the plaintiff and Mr. S. L. Shannon.
X.
The defendants are advised and believe that the alle-
gations contained in Paragraph X. of the said Complaint
are correct except they deny those allegations purporting
to state the legal effect of the contract and the plaintiff's
rights thereunder following the submission of his resig-
nation.
94
XI.
The defendants are advised and believe that the alle
gations contained in Paragraph XI. of the said Complaint
are correct.
XII.
_ The defendants admit the allegations contained in Para-
graph XII. of the said Complaint except insofar as the
plaintiff's resignation is referred to as “the so-called dis-
charge.”
VIII.
The defendants admit the allegations contained in Para-
graph XIII. of the said Complaint except they deny that
the plaintiff at any time challenged the jurisdiction of
the System Board of Adjustment to hear and decide all
questions and issues presented to it. The defendants
show unto the Court that no such challenge was made
by the plaintiff and that the plaintiff freel
tarily submitted all issues to the System Board of Ad-
justment and specifically requested
decide the question as to the legal
of February 20, 1956, accepting the plaintiff's resignation
and as to “the right of Eastern Air
a resignation of July 28, 1950” and as
of the charges against the plaintiff to
charge”. Attached hereto and marked
complete copy of the record before the System Board
of Adjustment wherein it is shown the manner in which
_all issues were presented to the Board.
E
é.
=
A
95
XIV.
The defendants deny the allegations contained -n Para-
graph XIV. of the said Complaint.
SV.
The defendants deny the allegations contained in Para-
graph XV. of the said Complaint.
XVI.
The defendants deny the allegations contained in Para-
graph XVI of the said Complaint.
Affirmative Defenses.
4
As to the defendant, Air Line Pilots Association, In-
ternational, the plaintiff makes no charges or allegations
and prays for no relief of any kind. The said defendant,
therefore, shows unto the Court that it is not properly
a party defendant to the said alleged cause of action.
I.
As to the defendants, R. W. Riverbark and R. M. Ted-
lock, individually, the plaintiff makes no charges or alle-
gations and prays for no relief of any kind. Therefore,
the said defendants, in their individual capacities, are
‘not properly parties defendant to the plaintiff's alleged
cause of action. : :
96
TH.
The plaintiff freely and voluntarily submitted all the
issues involved in his Comp)<ixt to the Eastern Air Lines
Pilots System Board of Adjustinent pursuant to a con-
tract provision (Plaintiff's Exnibit 1, attached to the
Complaint, page 65, Paragraph (1)), and a provision of the
Railway Labor Act (45 USCA 153, First (m), 184) speci-
fies that the decision of such Board “shall be final and
' binding”. Under the law and the contract the plaintiff
is bound by the decision of the said Board of Adjustment
(Plaintiff's Exhibit 4).
IV.
Exclusive jurisdiction of the matters set forth in the
Complaint is conferred by law on the Eastern Air Lines
Pilots System Board of Adjustment, and this Court lacks
jurisdiction to grant the relief sought in the Complaint.
V.
The plaintiff is estopped to deny the validity and legal
effectiveness of his resignation (Plaintiff's Exhibit 2).
vi.
The defendants are not guilty as charged by the plain-
tiff.
vi.
The Complaint fails to state a claim against the de-
fendants upon which relief can be granted.
-
—v
te
“—~eeowranetoe a. Qn
37
Wherefore, the defendants pray that the cause be dis-
missed against them and that costs be affixed against the
<ointtiff. ;
HOFFMAN, KEMPER &
JOHNSON,
By WYATT JOHNSON,
Attorneys for Defendants, Air
Line Pilots Association, In-
ternational and R. W. Riven-
bark and R. M. Tedlock.
1115 duPont Building,
Miami 32, Florida.
State of Florida,
County of Dade.
Before Me, the undersigned authority, a Netary Public
duly authorized to administer oaths and take acknowl-
edgements in the State of Florida personally appeared
this day, R. W. Rivenbark, who being by me first duly
sworn, says that he has read the foregoing Answer and
is familiar with the contents thereof; that the matters
and things set forth and alleged therein are true and
correct; that he makes this affidavit in behalf of himseif
and R. M. Tedlock, individually, and in behalf of himseli
and R. M. Tedlock as members ©’ the Eastern Air Lines
Pilots System Board of Adjustment.
R. W RIVENBARK,
(R. W. Rivenbark).
Sworn te and subscribed before me this 18th day of
October, 1956.
ROSE W. HERSHEY,
Notary Public, State of Florida
(Notary Seal) at Large.
My Commission expires: May 31, 1957.
State of Florida,
County of Dade.
Before Me, the undersigned authority, a Notary Public
duly authorized to administer oaths and take acknowl-
edgments in the State of Florida, personally appeared this
day, Robert J. Rohan, who being by me first duly sworn,
deposes and says that he is the Vice President, Region
9 of Air Line Pilots Association, International; that he
has read the above and foregoing Answer and is familiar
with the contents thereof; that the matters and things
set forth and alleged therein are true and correct; that
he is making this affidavit as reprensentative of Air Line
Pilots Association, International. .
ROBERT J. ROHAN,
(Robert J. Rohan).
Sworn to and subscribed before me this 18th day of
October, 1856.
; , ROSE W. HERSHEY,
Notary Public, State of Florida
at Large.
(Notary Seal)
My Commission expires: May 31, 1957.
I hereby certify that copies of the foregoing Answer
were mailed by me this 18th day of October, 1956, to the
following:
Ward & Ward,
1229 duPont Building,,
Miami, Florida,
Attorneys for Plaintiff.
Charles M. Moon,
Attorney at Law,
516 Ingraham Building,
Miami, Florida.
Of Counsel for defendants, Eastern Air Lines, Inc.
and S. L. Shannon and Geirge Smith.
WYATT JOHNSON, ep earee Oeeae
Of Caunsel for defendants, Air Line Pilots Association,
International and R. W. Rivenbark and R. M. Tedlock.
EXHIBIT A.
The following is Exhibit A of Defendants Air Line
Pilots Association International and R. W. Rivenbark and
R. M. Tedlock answer.
Hearing Before the System Adjustment Board, Eastern
Air Lines, Incorporated, Commencing at 9:00 o’clock
AM., June 20, 1956, in the Hunt Room, Miami Springs
Villas, Miami Springs, Florida.
Subject: In Re. Grievance of Paul S. Woolley.
166
Members of the System Adjustment Board Present:
Mr. R. W. Rivenbark, Chairman,
Mr. S. L. Shannon,
Mr. George A. Smith,
Mr. R. M. Tedlock.
Appearances: : ;
Mr. F. Harold Bennett, 5500 South Cicero Avenue,
Chicago, Illinois, on behalf of the Air Line Pilots
Association.
Mr. W. Glen Harlan, of the firm of Gambrell, Harlan,
Russell, Moye & Richardson, Suite 825, C. & S: Bank
Building, Atlanta 3, Georgia, on behalf of Eastern
Air Lines, Inc.
Mr. Rivenbark:
Before we start, there have been any number of people
who asked us questions as to what is going on here.
Possibly I can run through it very quickly. . nn
The Board is composed of Mr. Shannon, Mr. Smith,
Mr. Tedlock and myself on three of the cases. On the
other two cases, Don Clifford .is the Board Member.
The attorneys for the Company are Mr. Harlan; Mr.
Donovan is the Court Reporter who is keeping the record;
Mr. Bennett and Mr. O’Brien are the Association’s law-
yers. Se
The usual procedure, the standard procedure in these
happenings is for the Board to hear all of the testimony
and the evidence in the case, and the Board will- go
into an executive session and will attempt to come out
with a decisiur. There is always a possibility that they
will be unable. to make a decision. When we left vester-
day afternoon. it was my understanding that we would
|
101
os
hear the Woolley case second. I am advised that the
grieving parties got together and they would prefer to
* have the Woolley case first. Mr. Harlan said he had not
planned that as of the t me we left, but it will be agree
able with him to go ahead.
Mr. Bennett:
I have no objection. It may be that it would be an
opportunity at this time for me to make clear to the
Board and to counse! for the Company the position which
the Association and Mr. Woolley take with respect to
his case. | .
First of all, we have the issue, as I understand the
problem, of whether or not Mr. Woolley has, in fact,
resigned his position with the Company, and the Asso-
ciation and Mr. Woolley take the position that he has
not resigned. The basis for my statement is that not-
withstanding the fact that in 1950, Mr. Woolley signed a
document which purports to be a resignation to be ac-
cepted sometime in the future upon an eventuality that
this document is of no legal import because it circum-
vents the Employment Agreement. I have a case upon
_, the point which is on all fours, which I will cite for you
and counsel, and I would like to discuss it with you
for a moment. The case was a precisely similar case
heard by the Railway Adjustment Board under the Rail-
way Labor Act and it was Railway Case No. 5269.
In that case the Company took from the employee an
undated resignation to be held in the Company’s files to
be accepted by the Company upon an eventuality when
‘tthe Company had decided, if they decided that at some
later date they chose to accept the resignation and let
the man go. The Railway Adjustment Board said that
the acceptance of an undated resignation by a carrier from
an employee would be understanding that he should
162
continue in the employ of the Company subject to the
right of the employer to accept the resignation at any
time, and upon any circumstances they felt was proper,
circumvented the investigation and hearing portions of
the contract and the dismissal which occurred in this
indirect manner would not be sustained.
‘The reasoning in that case, I think, is sound and it _
becomes very evident that if the Board or a Court would
permit this character of dismissal, what we would get
into is this. The Employment Agreement provides that.
a man shali not be severed from his employment except
under circumstances which warrant it. That is to say,
he is entitled to an investigation and hearing upon the
circumstances of his dismissal, to make sure that the
Company has had justifiable cause. With a letter of
resignaion on file, such as was on file here and the
Company’s ability under the circumstances and such a
resignation to accept it upon the thought in the mind
of the Company that there was, in fact, justifiable cause
for a severance; it is easily seen that the Company could
be mistaken and upon investigation and hearing, it would
be demonstrated conclusively or at least demonstrated to
the satisfaction of someone, that the Company was in
error here, and that obviously they shouldn’t have severed
the employee on the grounds which they chose.
And so as I stated, it is the contention of the Associa-
tion and Mr. Woolley, that this letter of resignation and
its acceptance, if you want to say it that way, or the
notice from the Company on a certain date that the
Company was accepting his resignation, is nothing more
or less than a discharge of Mr. Woolley for whatever
reason the Company had at the time, and that he is
entitled to an investigation ac hearing upon those grounds.
I don’t know and I haven’t known up to this moment,
except from the record as it comes befare me that the
103
Company intends to stand upon the resignation. If they
do, I am prepared to meet that issue in the fashion which
I have indicated and then go to the mertt.
Now that brings me to the point of the hearing, if we
have such a hearing upon the merits -of the case and so
far as that is concerned, the Company has indicated its
reasons in a general way for their dismissal of Mr. Wool-
ley on the date on which he was dismissed, the happenings
on two flights and they named the numbers of the flight.
- In discharge cases such as this, it is our contention and
1 think the cases are all clear upon the subject, that
the burden lies with the Company and the burden of
proof laying with the Company, the Company is, of
course, in the ordinary course of things, required to
go first because we have nothing to meet unless they do.
I wouldn’t quibble about that if the Company insists upon
our going first. and I will but I think it would be not
of any consequence because the only thing I would be
able to do is put Mr. Woolley on the stand and get his
history and ask him if he knew of any reason why he
_ should be discharged,. and if he says no, that would be
my first goal and I would have to seek to rebut any
evidence the Company put in that he did in fact do
something, and so if I could be informed as to preciselv
the position of the Company, we would know where we
are heading.
To summarize the position of the Association and Mr.
Woolley,, Mr. Woolley has not resigned. The letter of
supposed resignation to be accepted by the Company at
any time and for any reason, circumvents his rights under
the Employrrent Agreement and is of no legal conse-
quence, and that Mr. Woolley has, in fact, been dis-
charged for whatever reason, and that the burden of
showing that Mr. Woolley is rightfully discharged lies
with the Company and they should go first.
104
Mr. Harlan:
- Mr. Cheirman, on the question of the validity of the
resignation, I may say a good deal of time was spent. in
our law office trying to determine whether there was any
legal defect in such a resignation and the acceptance of
it by the Company. We have found no such legal defect.
I will say I have not researched all of the thousands and
thousands of decisions by the various divisions of the
National Railway Adjustment Board to see if possibly
somewhere along, one or two divisions might have come
down with a decision such as that referred to by Mr.
Bennett.
I would be a little surprised if somebody had not
ruled that way at sometime or other, but I have not found
any decision by any competent Court that holds that
way, and I would be a little surprised if any Court would
hold that way in this type of case, where the man
came back with the Company only because he signed
such a letter of resignation and where the letter of resig-
nation, as I understand it, was not urged upon him by
the Company or anyone else, except of his advisors with
the Air Line Pilots Association, which is his collective
bargaining representative. I believe that the resignation
is valid. It was properly accepted by the Company and
that should conclude the case. However, I think we can
also show even if it were not regarded as a discharge
case that there was adequate reason for the discharge,
and on either of these grounds, the severance of his
empleyment should be upheld by this Board.
On the question of the burden of proof, we are prepared
to show the reason why the Company decided to accept
his resignation, but I don’t agree with Mr. Bennett that
we should go first. It is the universal practice in cases
of this kind where a man is appealing from a previous
decision that he should go first, and even though Mr.
~
16.
Bennett may feel a little bit handicapped that he does
not know all the facts, I would suggest that he do go
ahead with whatever he has to show, and I may say I
don’t think that Mr. Bennett is handicapped to the extent
he says, inasmuch as it seems to me that Mr. Woolley’
did know what these specific charges were.
They were set out in a letter to him from Mr. Shannon.
He is fully aware of all the cicumstances surrounding
_ the two flights involved, and I believe that Mr. Woolley
will be in a position to state any defense he may have
with respect to his conduct on the occasions referred to
in that letter. I don’t think he is badly handicapped,
but I will say if he feels later that any facts brought out
by the Company, that he has not had an adequate op-
portunity to answer, he will have a chance to go back
on rebuttal, if necessary.
Mr. Bennett:
As I understand the position of the Company now, the
Company is contending that the resignation and its ac-
ceptance is proper and legal an, of course, that would
be an issue in the case and if—Indicated previously I
would not quibble about going first or last so long as the
record is clear what the position I take is that the burden
of proof in a discharge case, and that is the way I regard
this, is upon the Company, whether counsel agrees with
me or not. ©
With that, I am ready to go ahead.
106
Thereupon: PAUL S. WOOLLEY, a witness of lawful :
age, having been first duly sworn, wes examined and
testified as follows:
Direct Examination.
(By Mr. Bennett):
State your name for the record.
Paul S. Woolley.
How old are you?
47.
Are you married?
Yes. —
Do you have a family?
Yes. .
How many children do you have?
Three children.
When did you start to fly?
If you mean when did I learn to fly—
When did you begin to fly?
I entered the Army Flying School at Brooks Field
~<‘girpeaaeah am
Q. In the Army?
—A-~ Yes.
Q. Will you recount for us your experience as a pilot
from that time forward?
A. I finished flying school in one year. I had approxi-
mately two years active duty with the Army, and after
that some time spent in the regular army as an enlisted
pilot and came with Eastern Air Lines in November
of 1937.
Q. You have been continuously in the employ of East-
ern Air Lines since that time?
A. Yes.
Q. When did you check out as pilot?
rPOPOPOPOPO Ph PO
107
A. In December of 1939.
Q. You have continuously flown as captain for Eastern
Air Lines since that time?
A. Yes.
Q. How many hours of flight time do you have to your
credit, approximately?
A. Approximately 18,500.
Q. Of those 18,500 hours, how many hours would you
estimate are instrument hours?
A. An estimation would be somewhere around 1300
or 1400 hours. That is actual instrument time.
Q. I show you a copy of a letter dated February 20,
1956 and ask you to state if you received such a letter
from Eastern Air Lines, | Mr. Shannon?
A. Yes, I did.
Mr. Smith:
Which letter are you referring to?
Mr. Bennett:
This letter is dated, it is.on Eastern Air Lines station-
ery and is dated February 20, 1956. It is addressed to
Mr. Woolley:
“Dear Captain Woolley:
“In reference to -your letter of resignaticn dated July
28, 1950, please be advised that I personally do not feel
that you have been handling your job in the proper
manner and therefore your resignation as an employee of
Eastern Air Lines, Incorporated, is hereby accepted to
become effective immediately.
“Please contact your Chief Pilot regarding any matters
connected with this termination of your employment with
the Company.
“Very truly yours,
“Signed S. L. Shannon, Senior Vice President.”
108
(By Mr. Bennett):
Q. When you received that letter, -ou filed a grievance
and asked for an investigation and hearing?
A. Yes, sir.
Mr. Bennett:
That letter, if the Board please, is attached to the
Submission and is a part of the record. already.
(By Mr. Bennett:
Q. I show you the letter dated February 27, 1956,
addressed to Mr. Shannon by yourself. Is that the re-
quest for an investigation?
A. Yes, sir, that is the request.
Q. I show you a copy of a letter dated February 27,
1956, addressed to you by Mr. Shannon and ask you if
you received that letter from Mr. Shannon?
A. Yes, I did.
Mr. Bennett:
The second letter I ask be read into the record.
Mr. Harlan:
Is that attached to the grievance?
Mr. Bennett:
I am not sure.
Mr. Harlan:
Exhibit No. 1 is the letter you read and Exhibit No. 2
is Mr. Woolley’s request for investigation and hearing
dated February 27, 1956. ee
Mr. Bennett:
And the third one is a letter from Mr. Shannon.
109
Mr. Harlan:
Those had the same date?
Mr. Bennett:
- ‘Yes, sir.
Mr. Harlan:
The letter of February 27, 1956 from Mr. Shannon to
Mr. Woolley?
Mr. Bennett:
Yes, that is the one | have reference to.
Mr. Harian.:
Exhibit No. 4 is the letter of March 2, 1956, from Mr.
Shannon to Mr. Woolley.
Mr. Smith:
I wanted you to identify the letter so that we can follow
the testimony.
Mr. Bennett:
Off the record.
(Discussion off the record.)
(By Mr. Bennett):
Q. Mr. Woolley, after you received this letter, did you
then accept Mr. Shannon’s invitation to come to his
office on the following day?
A. Yes. .
Q. Did you go to his office?
A. Yes.
@. And who was present?
A. Mr. Shannon, Mr. Stone and Mr. Smith.
110
Q. And yourself?
A. And myself.
Q. Did you discuss the letter of resignation?
A. I wouldn’t say we discussed it. It was mentioned.
Q. But there was no long discussion of 1: of any kind?
A. No.
Q. Did you discuss the happenings or the conduct of
fight 647 of February 6, enroute to Miami?
A. Yes.
Q. Did you discuss the conduct in handling ‘light No.
644, February 5, 1956, enroute into Boston?
A. No.
Q. If I understand you correctly, you had no discussion
with Mr. Shannon, and there was nothing mentioned to
you with respect to flight 644 from Miami to Boston of
February 5, 1956?
A. You are correet.
Q. But there was a discussion of flight 647 of Feb-
ruary 6, 1956, enroute into Miami?
A. That is correct.
Q. You were the captain in command of flight 644
dated February 5, 1956, enroute to Boston?
A. That is correct.
Q. That flight originates in Miami and goes to Wash-
ington and Boston?
. Yes.
>
And at Boston you lay over?
Yes.
How many hours were “you there?
Approximately 18 hours.
Your next trip is the return trip No. 647, Boston
direct to Miami?
A. Yes.
Q. You were also captain in command of flight 647?
A. Yes.
Q
A.
Q.
A
Q.
lll
Q. Dated February 6, 19567
A. Yes.
@ Are you aware of any happenings on flight 644 of
February 5, 1956, or any conduct on your part on that
flight, or any happenings on flight 647 of February 6,
1956, or any conduct on your part as a captain in com-
mand which would justify the Company’s dismissal of
you as 2 pilot employee? )
A. No.
Q. So far as you know and so far as you are aware,
were both of these flights conducted in a safe marner?
A. They were.
Q. And in accordance with all of the rules and regula-
tions which govern such flights?
A. They were.
Q. Did you have any accidents or was there anything
untoward that happened during these flights with the
authorities?
A. No.
Q. So that as far as you are concerned, Mr. Wooley,
and so far as you are informed, Mr. Shannon's state-
ment in his letter about his acceptence of your resigna-
tion or as I would more properly put it, your severance
from the Company, was due to the unsafe flying of 644
of February 5, 1956, enroute to Boston, and your handl-
ing of 647 of February 6, 1956, enroute to Miami, is with-
out foundation?
A. That is correct.
Q. You are aware of no reason or no happening up-
on these flights that would justify such a charge or a
dismissal?
A. That is true.
Mr. Bennett:
That is all.
112
Cross Examination.
iBy Mr. Harian):
Q. Mr. Wooley, the first letter fram Mr. Shannon
which was read into the recerd by Mr. Bennett. referred
to a letter of resignation by you dated July 26 1950. You
did sign such a letter of resignation?
A. I did.
Q. I would like to show you this letter dated July 28,
1950 and ask you if that is the ietter?
A. That is the letter.
Mr. Harlan:
Possibly the best thing to do is read that letter into
the record, since it is referred to. It is an Eastern Air
Lines stationery amd reads as follows:
“July 28, 1950.
“Mr. S. L. Shamnon, Vice President, Operations, Eastern
Air Lines Incorporated, Miarn, Florida.
“Dear Mr. Shannon:
“Fizst let me say that I sincerely appreciate the ap-
portunity that you are giving me to come Lack on the line
as captain.
‘WNaturally, the six months layoff without pay for my
improper handling of flight 703 at Detroit on January
29, 1950, has been hard to take. However, I have had
plenty of time to think about it during my enforced ab-
sence from the line, and I realize that I was wrong in
this case and have been wrong in the other cases in the
past, where I have been called on the carpet or disci-
plined by Management. I have made up my mind that
—_— a, eh feel
113
I must behave myself if I expect to continue as an em-
ployee of Eastern Air Lines.
“Therefore, I hereby state that yon may consider this
letter to be my letter of resignation as an employee of
Eastern Air Lines, which you may accept at any t
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.