# Transcript of Record — Woolley v. Eastern Air Lines, Inc. (No. 822) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386419_0128%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Transcript of Record - **Published:** January 1, 1957 ## Text — 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™ -=— 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 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, 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 time in the future, should you personally fee] that I am not handling my job in the proper manner. "y ‘siticerely hope that 1 will be allowed to continue as an employee with Eastern for many years to come, and I want to essure you that I shall do everything in mv power to keep it that way. “Very sincerely yours, “PAUL S. WOOLEY.” (By Mr. Hatlan): - @ Are the statements made in that letter true and correct? A. If I may have a little leeway— @ 1 want to ask you about it. A. 3% implies something and if I may have a little leeway with the Board ih answering this question, I would like it. Mr. Bennett: Mr. Wooley, mahy times questious cahnot be answered “ves” ot “no”. If it is necessary for you to qualify your answer in answering a question, you are always ut liberty to do so. The Witness: I wil] make a qualified statement— F 114 Mr. Rivenbark: Excuse me a minute. Off the record. (Discussion off the record.) Mr. Rivenbark: I believe that the Board would like to take ar oppor- tunity of five minutes for an executive session. We will recess for a few minutes. (After a five-minute recess, the hearing proceeded as follows): Mr. Rivenhark: The Board has had a request from tiie Company mem- bers of the Board that all witnesses in this case be sworn. This is customary in the proceedings and the entire Board agrees. The reporter will administer the oath. I might also suggest to Mr. Bennett that he take a few minutes, if desirable with the witness, and decide if they want to go over the previous testimony or adopt it as it stands. Mr. Bennett: I don’t have to have any conference with the witness. I have no objection to Mr. Woolley being sworn. .I am positive he has not any and after he is sworn, I will con- firm the record. Off the record.— 115 (Discussion off the record.) Mr. Bennett: Mr. Woolley, having been administered the oath to speak the truth, the whole truth and nothing but the truth, if the same questions which I put to you prior to your having been sworn were put to you, would your answers be exactly the same? = = ‘The Witness: No. They would be with the exception of one ques- tion. I am actually 49 years old. Mr. Bennett: Is that the only one? The Witness: That is the only one. Mr. Bennett: What was your answer previously? The Witness: 47. Mr. Bennett: If all of the other questions were asked you were put to you in the same fashion that I put them now, now that you have been sworn, would your answers be the same? The Witness: They would. Mr. Bennett: There is one other question I intend to ask you.Have you ever been in am accident with an aircraft of any kind? 116 The Witness: I have beer in one military accident that happened on landing with. slight damage to the =. Outside of that, no others. Mr. Bennett: In your career as a commercial air line pilot, you have never scratched an airplane, so to speak? The Witness: That is true. Mr. Bennett: Nothing further. (By Mr. Harlan): Q. The pending question at the time of the recess was whether the statements contained in your letter of resignation dated July 28, 1950, were true and correct? Mr. Bennett: Mr. Harlan, the letter contains a great many, many statements. Don’t you think it would be more appro- priate if you were to ask him with respect to any one of the statements? Mr. Harlan: I thought if there were any statements that were not true and en. he couki say s0. The Witness: There were several statements I ie not consider true and correct. My signature is on the letter but I did not write the letter. = 117 (By Mr. Harlan): Who wrote the letter? I do not know actually. - Who suggested to you that you write the letter? Two people, Mr. Babbitt and Mr. Wood. Who are Mr. Babbitt and Mr. Wood? Eastern Air Line pilots, captains. Did they at that time have any official status with — the Air Line Pilots Association? es ee A. I understand they did. Q. Do you know what their position was? A. I understand they were members of the System Board, among other things. Q. Was one of them the Master Chairman? A. To the best of my knowledge, he was. Q. Which one was that? A Q. PPoOrores& I believe it was Mr. Babbitt but I am not positive. Did Mr. Wood have an official position with the Air Line Pilots Association International? A. I undertsand he did. Q. They were the ones who suggested you write a letter like this? A. They were. Q. Do-you know whether they wrote the letter? A. I do not. Q. Where did you first see this letter? A. They brought it to me at the house. Q. Did you think some of the statements in there were untrue and correct at that time? A. I did. Q. Which statements were they? A. That I had been wrong in some things I did. . Q. You didn’t think you had ever been wrong? A. That is not true. May I have the letter? 118 Mr. Bennett: Here it is. The Witness: The first statement, I think is wrong, about flight 703 which was not improperly handled, and I said so at the time; I however, i said I will give in on that point. The rest of-the letter, I don’t know exactly what they were referring to. That is a broad statement and I will not — be one to say I had never been wrong. . (By Mr. Harlan): pa Q. You had been disciplined in the past? A. Yes. Q. Did you think you were wrong when you were disciplined before? } eTy A. Not necessarily? Q. Befcre 1950? - A. Probably; I don’t know what you ave specifically referring to. I could have been. @. Whoever wrote the letter, this was your letter be- cause you signed it. What were you referring to? A. I wasn’t referring to anything specifically. ? Q. Apparently you were referring to all the prévious cases in which you had been called on the carpet or disciplined by Management? A. All right. Q. In all of those cases, were you wrong? A. I had decided, rather than argue the point any longer, I would accept I was wrong. Q. With respect to flight 703, Detroit, January 29, 1950; would you state what happened that day? Mr. Bennett: I am going to object for the record, Mr. Harlan, be- | _ cause this letter speaks for itself, and so far as the in- 119 cident of flight 703 of January 29, 1950 is concerned, I don’t think it bears upon the issue here in any regard, and I do think if we go into that, it would only tend to prejudice Mr. Wooiley’s position here. The stated rea- son for Mr. Woolley’s dismissal or the acceptence of his resignation, which as I have already indicated is noth- ing more, in my book, than the severance on the two flights, neither one of which are 703 of January 29, 1950.. I have not made any objection to the letter because I think it is proper that the letter go into evidence. I don’t think it is of any legal consequence but I am go- ing te object for the record to the detailing of any in- cident except the incidences of the two flights mentioned in Mr. Shannon’s letter wherein he accepts the resigna- tion. z So long as my position is clear in the reeord, and if counsel insists, I am not in a position to stop him, but I would suggest to the Board that properly the evidence is not complete and really shouldn’t go into the record. Mr. Harlan: Let me say I do not agree with your position on that; however, insofar as this particular question is concerned, I will withdraw it. | (By Mr. Harlan): Q. Mr. Woolley, you were disciplined as a result of handling of flight 703, Detroit, January 29, 1950, were | you not? : A. That is correct. : : Q. What was the form of that discipline? A. Six months away from the Company without pay, and signing the letter of resignation. to which you have just referred. 120. Q. Was the original discipline six months? , A. They were bath together; the disciplinary action was two parts, six months layoff and signing a letter of resignation. Q. The Company said you had to sign a letter of res- ignation? A. They did. Q Who in the Company told you that? A. I will have to say again that knowledge is second- hand from Mr. Wood and Mr. Babbitt, but they told me that Mr. Shannon insisted on it. Q. Mr. Shannon never told you that? A. I am not sure whether he did er not. I couldn't answer that question positively. Q. To be more specific about the Original discipline, were you not discharged? : A. The way I understand ii under the Employment Areement, I was not discharged. I had a letter of dis- charge in my possession. ~ @. What you mean is that originally the Company discharged you, and then at the end of six months they took you back? A. No. Q What do you mean? A. I mean that I was discharged. It came before the Grievance Section and this was a settlement. It all hap- pened before the six month period. Q. Did you file a Grievance? A. I did. Q. Hew far was that grievance processed? A. My undecmanding was it was processed past the second hearing. Q. It never was appealed to Mr. Shannon. A. I am not absolutely positive. The record would have to show: that. 131 Q. At some time befere the end of six manths, and while the discharge as far ag the Company was concerned was stil] outstanding, a statament was agreed upon be- tween Mr. Babbitt and Mr. Wood and Mr. Shannon, that you eould come back at the end of the six months layoff? “A. That is my understanding provided I would sign the letter of resignation. / Q. It was your understanding you would not have been taken back by the Company without the letter of resignation? A. My understanding was that if I didn’t agree ta this ‘settlement, we would have to procesa thia hearing en through the System Board and the other processors. Q. As far as the Company was concerned, the Cam- pany would not voluntarily take you back without the letter af resignation? A. That is what I understand. Q. Did you ever at any time write a letter to Mr. Shannon withdrawing this letter of resignation? — A. No. Q. Did you intend befere you signed this letter and gave it to Mr. Shannon or sent it to him, that he could aet on it? A. No. Q You did not? - A. No. Q. This was a trap to get the Company to take you back? A. I don’t know about the language but it waa a settlement, I will say. Q. You had no inténtion that Mr. Shannon should be permitted to do what you authorized him here to do, is that right? 122 A. 1 can’t say yes or not to that. Actually I will have to qualify the statement in the fact that as it was put to me, if I did the things that I had done before, I was liable te discharge and liable to have the resignation ac- cepted, and it was my full intent never to dv any of the things to which they had allegedly referred to. . Q. You said here he could accept this letter of res- igniation at any time in the future should you personally feel that I am not handling my job in the proper manner. Did you mean he should be able to do that or not? A. I don’t think I meant that, no, because it is not in my words. I didn’t write the letter. Q. You signed it? A. It was told to me that there can be a letter written which will be no good. Therefore, go ahead and sign it and get your job back and go to work. Q. You were informed this letter would have no ef- fect at all A. I was. Q. Who told you that? Mr. Babbitt and Mi. Wood. Did you tell Mr. Shannon that? No, f don’t imagine I did. Regardless of what you imagined, did you tell him? _ If it may be written into the record at this time, I would like to make a statement to Mr. Harlan as to what I did say to Mr. Shannon upon presenting him with the letter. ae gicie Q. You can make any statement you want to. I would like to have you answer my question as to whether or not you tolg Mr. Shannon you had. signed this letter but it didn’t mean anything? A. I didn’t tell him that at the time. Q. Did you tell him anything similar to that? A. No. >O>O> 123 : Then or any time later on? No. Go ahead and make a statement. I had a conference with Mr. Shannon and v we = agreed the slate was clean. wae Q. Was this at the time you gave him the letter? A. That was at the time I gave him the letter. The slate was clean: if-I did anything he didn’t like, or if he heard of my doing anything he didn’t like, he would call me before him and let me discuss it with him. Be- tween that time and this, he has not called me. Q. Mr. Shannon did discuss this particular incident with you, did he not? A. Not at the time the letter was accepted, I don’t believe. Q. Did you baits a meeting with hin, however, on— what was the date of that meeting—-February 29, is that correct? A. Is that the date of the letter? @. That is the date he stated ifi his letter ‘‘I will be giad to talk with you Wednesday, February 29, 1956.” A. Yes, I had a meeting. Q. You met with him on that day? A. That is true. Q. You previously had received from Mr. Shannon this letter from which I quote in which he stated that: _ “For your information, my action in accepting your resignation was based in large part on the unsafe fly- ing of flight 644 of February 5, 1956 enroute into Boston, and your handling of flight 647 of February 6, 1956 en- route into Miami.” You had received that? A. Yes. Q. Did Mr. Shannon give you an opportunity to say anything you wanted to say at that meeting? A. I would say he did. ji ee POoPe 124 Q. He didn’t tell you there was any — you could not discuss? A die All os hin ei Oh Wheel taming ot thing that was said would be all right. Q. Did you tell him everything that you wanted to tell him at that time? A. I probably did. Q. Had you talked to Mr. Shanncn before the Feb- ruary 29th meeting? You mean in reference to this? Yes. Yes, I talked to him the day I waa handed the let- & POPO” POD The letter was handed to you personally? By Mr. Stone. _ And you then did what? I asked Mr. Stone to talk to Mr. Shannon and ask him if he would see me. Mr. Shannon said he would and we went directly to his office. ‘Q. Did Mr. Shannon listen to what you had to say at that meeting? A. He listened for five or ‘ten minutes. ~ Q. Was he in a hurry in pushing you out the door? — A. I-don’t think I would say that, no. Q. He listened to everything you wanted to tell him at that time, too? A. 13 am sure he did. es -Q. Did Mr. Shannon indicate to you on this occasion or—I assume that waa on February 20, 1956; it was the date that the resignation was accepted? Is that the cor- rect date you met with him first? A. That must be the date. That is the date of the letter, and I am assuming it was that date. It was the same day I was handed the letter and I am assuming it was February 20th. I am not positive. 135 @. Did’Mr. Shannon indicate to you at that time he had investigated these incidents which were referred to in his latter letter? ¢ A. Not specifically. Q. Did he indicate to you at all at that time what the basis was for his accepting the resignation? A. No, I don’t believe he did. Q. On February 29th you knew what the basis was. Did he indicate at that time he had investigated it? A. Did he indicate on February 29th that he had in- vestigated these two trips? Q. Yes. A. He did. Q. After your meeting of February 29th, you then got a letter from Mr. Shannon stating that he was not changing his decision, is that right? 3 A. That is right. Q. What did you do after that? | Be “ A. I contacted the Air Line Pilots Association and told them I would like to have this go before the Sys- tem. Board. Q. You did that immediately after getting Mr. Shan- “~snon’s letter A. I wouldn't say immediately but in due process of ae. Q. Did you contact anybody else with the Company in a. attempt to have the decision changed? A. I might have. Q. Did you A. I don’t know what you are referting to but it is possible I could have. Q. To refresh your recollection, did you write to Cap- tain Rickenbacker? : A. I did. 126 Q. And Captain Rickenbacker upheld Mr. Shannon's + decision? - A. He did. -Q. Was it after you got this final decision from Cap- tain Rickenbacker that you contacted the ALPA to re- quest that it be taken to the Adjustment Board? A. No. Q. You did that before you wrote to Captain Ricken- - backer? , A. Yes. Q. I am simply paraphrasing because I can’t relate what you saif but I gather that you were saying in re- sponse to Mr. Bennett’s question awhile ago, that you did not consider that there was anything unusual about the handling of flights 644 and 647 on the days referred to - in Mr. Shannon’s letter? ‘ Mr. Benziett: I think the words were “unsafe or any untoward or unsafe incident.” Mr. Harlan: I do recall. (By Mr. Harlan): Q. Would you consider it untoward that you would be flying into Boston 200 feet below the glide path when , there.are smoke stacks only about 50 feet below the position your airplane was in?. ‘A. I might not. To consider the altitude you refer to, 50 miles out, 200 feet would be all right, in my opin- ion. Q. Suppose it was a mile or two out? A. A mile or two might be unsafe. Q. Suppose three or four miles out? 127 A. There again, it might or might not. Q. With reference to the particular flight that day, do you recall the position you would have been in three or four miles out, 200 feet below the glide path? A. I might recall that offhand. It is possible I can recall that incident but I can’t recall being 200 feet be- low a mile out, if that is what you are referring to. Q. Say three or four miles out? | A. It is possible I could have been. It is possible the airplane could have been 200 feet below the glide path four miles out and sti!l be not in any unsafe position. Q. How about three miles out? A. It is possible it could have been three miles and not in an unsafe position. I am not exactly familiar with the glide path three and four miles out. Q. Recalling your approach to the Boston Air Port that day on that flight, would it have been safe to be 200 feet below the glide path three miles out? A. May: I ask you to qualify the word “safe?” If you mean did I hit an obstruction or crack up the air- plane, I will say no, but safety has to be a rather broad statement and it will have to be qualified in this in- stance because you are trying to tie something aown I am unable to tie down for you. Q. Would you say you had—at that altitude, you would have the margin of safety you normally would feel comfortable with? A. What altitude? Q. 200 feet below the glide path three miles out? A. I can’t answer that question because I don’t .know the altitude three hundred feet below the glide path three miles out. Q. Did you follow the current established procedure in your approach to Boston on that flight on that day? A. It is possible I might have deviated some. 138 ility, did you? I did in one instance. standard procedure? Q. Aside from possibilities, would it be? A. I guess I will have to grant you that point. Q. Would you consider there was anything unto- ward in flying through the guided missile firing area off of Patrick Air Force Bas~ at a time when the Air Traf- fic Control had closed that route? A. I might consider it untowafd had they ejosed the route and had We been in there after they had closed it. Q. You don’t think there is anything untoward in re- fusing to accept a cleatance which required you to go inland because the Air Traffic Control Q@. I believe you stated, however, that the first’ intim- ation you had of difficulty was the notice directed to you that your resignation had been accepted? Bie A. That is true. r Q. With respect to your letter to Mr. Rickenbacker and the time of your grievance, it is true, is it not, that if one is disciplined or dismissed from the Company, the Employment Agreement requires you to file your grievance within a specified length of time? A. Quite true. Q. I think seven or ten days, and it is necessary for vou to file your grievance within that period? A. That is true. Q. The CAA has charged you with no violation of which vou are aware, have thev? A No. 131 Q. Has the CAA written you a letter indicating you were in violation of some Civil Aeronautic Regulation or anything of that kind? _A. They have not. Mr. Bennett: Nothing fur.her. I would like to ask you one more question. Q. Referring once again to the two flights mentioned in Mr. Shannon’s letter of February 27, 1956, the first being flight 644 of February 5, 1956, and the second flight 647, February 6, 1956, in your consciousness, did you conduct yourself or the flights, either of these flights, in an unsafe manner? : A. I did not. 2 Q. And did you conduct either of these flights in a manner which in your opinion would justify your dis- missal from the Company? A. I did not. Q. Or the acceptance of your resignation? A. I did not. Mr. Bennett: Nothing further. Ke-Cross Examination. (By Mr. Harlan}: Q. One point of information so that the record will be clear. The letter which you wrote to Captain Ricken- backer was written after vou received Mr. Shannon's final decision in this case, is that right? A. That is true. 132 | Q. You received your reply from Captain Ricken- backer before the appeal was filed to the System Board of Adjustment? A. I couldn’t be positive on that. I will have to check the date on the letters. I am not sure about that. - Mr. Bennett: Read-the question and the answer back to me, please. (Thereupon the last question and answers were read by the reporter.) (By Mr. Mr. Harlan): Q. You don’t have the letters with you? A. No, I didn’t think they were of any consequence. Q. This is what appears to be a photostatic copy of your letter of March 10, 1956, to Captain Rickenbacker. Is that the correct date? A. If I may at this time, if this is to be used as; evi- dence, I would like to have it read into the record. Q.. All I want is the date. I don’t intend to use this as evidence at all. ; A. If you want to know I wrote a letter to him, that is a photostatic copy of the letter. Q. That is the correct date? A. It must be. Q. Here is a letter dated March 15, 1956, a copy of a letter from Captain Rickenbacker to you. Does that ap- pear to be a correct copy? | A. I believe that is. : Q. All I care to do is establish the date because Mr. Bennett was referring to the period of time— A. I.don’t believe the statement is correct due to the fact that my requset for hearing before the System Board _ was filed before the date on Captain Rickenbacker’s re- ply. 133 Q.- I believe the date on that, of the appea’ is April 3, 1956. A. I believe you are right. Mr. Bennett: Nothing further. Mr Harlan: — : y You have no further witnesses? .. Mr. Bennett: No. (Witness excused.) Mr. Bennett: I obviously would reserve the right to rebut whatever evidence of wrongdoing is put into the record. I don’t know what it might be. Mr. Smith: Is he going to stay around? Mr. Bennett: Yes. Mr. Harlan: There is no question about your right to rebut, and I stated that earlier in stating my pwsition that you should go first. The evidence which we will present on behalf of the Company necessarily must be presented by Mr. Shannon because, as you can appreciate from what happened which has already gone into the record, practically all of this was handled directly by Mr. Shannon himself. ~ ~ 134 . That being so, although Mr. Shannon is on the System Board, I am going to ask that he give the necessary facts from the Company’s point of view. Mr. Bennett: I see no objection to that. Mr. Harlan: : In accordance with the procedure, I believe Mr. Shan- non should be sworn. Thereupon: SIDNEY L. SHANNON a witness of lawful age, having been first duly sworn, was examined and testified as follows: - Direct Examination. (By Mr. Harlan): Q. State your full name. A. Sidney L. Shannon. Q. What is your position with Eastern Air Lines? A. Senior Vice President. — Q. You are_familiar with the subject -matter of the grievance which is being heard by the Adjustment Board at this time? _ A.—¥-know a good bit about it, yes. Q. We have already referred to the letter of J uly 28, 1950 which Mr. Woolley wrote you offering his resig- nation, and stating in effect you could accept that resig- nation at any time in the future, should you personally feel that “I am not handling my ». in the proper man- ner?” — 135 A. That is corre’*. Q. - Will you state, if you know, who wrote that letter? A. I am not sure who wrote the letter exactly. I know I saw it before Woolley signed it. I am not sure _ who wrote it. ‘ Q. You didn’t write it? A. I don’t think so but I won’t say I didn’t becatise I know I had something to do with it. , Q. Who suggested that Mr. Woolley sign such a let- ter of resignation? _ . A. I think it has to be gone back a little bit into the situation. As has been brought out here, Woolley had been in several scrapes around’ during thétime he had - been with the Company. He had been laid off—I don't remember to what extent without going back completely over the records prior to this time, but for various in- fractions of the rules more than anything else. In this particular case he got involved with a situa- tion in Detroit in a take-off and we discharged him. As he has stated in his testimony, he appealed the discharge and, of course, we didn’t agree with him because we felt he was wrong. We never compromise on that in the first two hearings. Then it was supposed to go to the System Board of Adjustment and I am sure that the Pilots Association realized that they didn’t have a good case, aud I will qualify that in this to defend Woolley because I have to state this as a fact. Mr. Binkei, who was head of the Air Line Pilots As- sociation at the time asked me—I was in New York and he asked me if I could talk to him a little bit about the situetion. I met him at the Plymouth Hotel for break- fast one morning. * 136 Mr. Bennett: ? Your counsel will know, I am certain, that conversa- tions with Mr. Binkei would not be proper here. The Witness: Can I use what I am saying to build up to something where -testimony can de put in? Mr. Bennett: I am in a very uncomfortable place, Mr. Shannon, in that in proceedings of this kind, there is great latitude permitted witnesses, and your being who you are, it isn’t my desire to show you any disrespect. However, I have a problem here and I have to do what I think is proper with it. Your counsel will know, as a matter of law, that conversation with a person who is deceased which bears materially on this case, is not competent and may not be recited into the record, and I am going to have to object to it; that Mr. Binkei called you, you went to New York, and so on, for whatever purpose might be proper, but conversation wouldn't be and I think that the Board should—— not entertain your recitation of a conversation with Mr. Binkei, because there is no way I can rebut it. I have no bt it took place but under the law it isn’t proper, and T\object to it and I don’t think the Board hould entertain any conversations upon this subject. Mr. Harlan: I don’t know the refinements of Florida law on the Dead Man’s Statute. That is a statute that exists in many states that you cannot use a dead man’s statement for som¢ purposes. It varies from state to state. I would think if there is any way you can give the substance of your testimony Without referring specifically to what Mr. Binkei said, it would be all right. 4 1°7 -Mr. Bennett: You can’t do indirectly what you can’t do directly. There are two very substantial objections to such testimony. First of all, I am satisfied in my own mind that a con- versation with a person who-is deceased is not proper and I think it is objectionable, and I don’t think the Board should hear it. It is hearsay. It isn’t conversation had in the presence of Mr. Wolley, azid I object to it upon that ground. I don’t think the testimony would be proper aid — I object to it. I don’t think it should go into the record. Mr. Shannon: Car, I say something here? You can take it out of the record as far as Binkei is concerned but I would like to say off the record, because it does lead up to something that wil! come up later on. If I can go off the record_for a minute— Mr. Rivenbark: : Let us interrupt the proceedings and we will get off —the record and come back in a minute. Mr. Bennett, can you and Mr. Harlan agree on the ground rule? Mr. Be :nett:— I would be happy to try. Mr. Harlan: . Why don’t we hear what he wants to say and possibly Mr. Bennett will not object. , Mr. Rivenbark: I don’t know what it is, either. 138 Mr. Bennett: Ss a If you say it vn the record or off the record, I don’t know what it is. Muaybe he wants to tell off the record what Mr. Binkei said, and that would not be proper. He ’ said Mr, Binkei called him and he went to New York. Mr. Shannon: __I said I was in New York and Mr. Binkei was in New ‘York and called me and asked me to go to breakfast atid I did. Mr. Bennett: Any conversation is not-proper and I aon. Mr. Rivenbark Do you agree to that? Mr. Harlan: - Without having an opportunity to study the Florida statutes on this, I would be hesitant to have Mr. Shannon . - put anything in here which might be prejudicial and I think, conceivably, it is about noon, it might be a good idea to break off for lunch and we can check during the lunch hour. Mr. Rivenbark: ' The Board is of the opinion that since it is lunch time, that possibly we will adjourn for lunch and come back and in the meantime, ask that Mr. Bennett and Mr. Harlan if they can to get together on the ground rules while they are out. Mr. Harlan: I think we can work it out. 139 Mr. Shannon: It isn’t as bad as you think it is. [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386419_0128%3A1. Public record. Not legal advice.