IBT and CWA JOINT AGREEMENT FOR THE FORMATION OF IBT-CWA PIEDMONT CUSTOMER SERVICE EMPLOYEES ALLIANCE 1. The name of this Joint Labor Organization is IBT-CWA Piedmont Customer Service Employees Alliance (hereinafter Alliance ). 2. The Alliance shall consist of the International Presidents of the International Brotherhood of Teamsters ( IBT ) and the Communications Workers of America ( CWA ), or their designated representatives. The Alliance will represent for collective bargaining purposes all employees in the consolidated, post-merger Craft or Class of Fleet and Passenger Service Employees of Piedmont Airlines ( Piedmont ), its successors or assigns, who are currently represented for collective bargaining purposes by the IBT at Allegheny Airlines, are currently unrepresented at Piedmont, or who may be subsequently represented for collective bargaining purposes by IBT, CWA, their Locals or affiliates, under the auspices of this Alliance. 3. Effective as of the date of a certification by the National Mediation Board of the Alliance as the duly designated representative of the Craft or Class of Fleet and Passenger Service Employees at Piedmont, the Alliance hereby designates the IBT and/or its affiliates to represent for contract administration and other purposes that may be authorized by the Alliance those employees in the Craft or Class of Fleet and Passenger Service Employees at Piedmont who are employed by, or may subsequently be employed by, Piedmont, its successors or assigns, at facilities and/or stations listed on Appendix A hereto as a IBT-serviced location. 4. Effective as of the date of a certification by the National Mediation Board of the Alliance as the duly designated representative of the Craft or Class of Fleet and Passenger Service Employees at Piedmont, the Alliance hereby designates the CWA and/or its affiliates to represent for contract administration and other purposes that may be authorized by the Alliance those employees in the Craft or Class of Fleet and Passenger Service Employees at Piedmont who are employed by, or may subsequently be employed by, Piedmont, its successors or assigns, at facilities and/or stations listed on Appendix A hereto as a CWA-serviced location. 5. IBT and CWA shall each designate at least one representative, but no more than two representatives from each participating local, to serve on the Piedmont Representation Committee ( PRC ) of the Alliance, which will meet as often as the Committee may decide, but at least twice each year, to discuss issues concerning the representation of the Craft or Class of Fleet and Passenger Service Employees of Piedmont, including but not limited to proposals that
either the IBT or CWA may make, or contemplates making, regarding rates of pay, rules, or working conditions, and other concerns that may arise for employees represented by the Alliance. The PRC will make every reasonable effort to formulate policy by consensus, and will subject issues to a PRC vote only to break impasses that are not otherwise capable of resolution. Policy resolutions recommended by the PRC must be approved by both the Chairperson and Vice-Chairperson of the Committee. Both IBT and CWA pledge that they will cooperate with each other and the Committee in accordance with the bylaws so that each Organization is able to properly and fairly represent the Craft or Class of Fleet and Passenger Service Employees of Piedmont. 6. A single Master Agreement covering the entire Craft or Class shall be negotiated by the Alliance. 7. Unless otherwise provided by this Agreement, the representational duties allocated to the IBT and CWA for Piedmont s Fleet and Passenger Service Employees will be in accordance with Appendix A. When Piedmont, its successors or assigns establishes a new Passenger Service and/or Fleet station or facility (hereinafter station or facility ), that station or facility will be assigned according to the geographic distribution contained in Attachment C. If Piedmont moves an existing station or facility to another location, the representation at that station or facility will remain unchanged. Should one or more Piedmont stations or facilities be consolidated into another existing station or facility, the organization having representational responsibility for the consolidated station before the consolidation will retain that responsibility. In the event Piedmont acquires, by acquisition, merger or other transaction, another air operation employing Fleet and Passenger Service Employees represented by the IBT or CWA, the previous representation of those employees shall be continued. An agent who is transferred, displaced, or otherwise relocated to a station or facility shall be required to be or become a member of and/or financially support the organization that represents agents at that station or facility. 8. Changes in designations or assignments of representation for the Piedmont facilities and/or stations listed in Attachment A will not be made unless such stations are eliminated or consolidated. 9. The parties will cooperate in organizing the consolidated, post-merger Craft or Class of Fleet and Passenger Service Employees at Piedmont by sharing equally the costs of jointly agreed-to organizing activity, and freely exchanging data concerning the carrier and other 2
relevant industry information. Upon execution of this Agreement, the CWA will provide the IBT with updated name and address lists of Piedmont employees (including known telephone numbers and/or email addresses) in electronic and hard copy format, and the IBT will provide the CWA with updated name and address lists of Allegheny employees (including known telephone numbers and/or email addresses) in electric and hard copy format. IBT and CWA agree to establish and maintain a joint database containing relevant employee contact information for all employees represented by the Alliance. Both parties shall have access to this database for purposes of data retrieval and updating. 10. All disputes between IBT and CWA growing out of or involving the interpretation, application or enforcement of this Agreement shall be submitted to the International Presidents of IBT and CWA, or to their designated representatives. If the dispute cannot be resolved by the International Presidents or their designated representatives, it may be submitted by either Organization for final and binding resolution to an Impartial Umpire either selected by the parties, or, if they are unable to agree upon a neutral, selected from a list of seven names of available Article XX, Section 9 Impartial Umpires furnished by the Office of the President of the AFL-CIO, with each side making alternate strikes, with the moving party striking first, until one name is left or the parties agree on a neutral. 11. Either party may propose an amendment to this Agreement. If the parties are not able to reach agreement on the proposed amendment, it may be submitted by either party for final and binding resolution pursuant to Section 10 hereof, except that Article I, Section 3 of the Alliance Constitution (Appendix B) shall not be amendable under the dispute resolution procedure. 12. The IBT and CWA shall enter into and ratify the Constitution and By-Laws for the COUNCIL attached as Appendix B. 3
# IBT-Serviced Locations APPENDIX A Station # CWA-Serviced Locations 17 Akron, OH 8 Bangor, MN 21 Binghampton, NY 50 Boston, MA Charlotte, NC 460 26 Charlottesville, VA Charleston, WV 28 12 Chattanooga, TN 38 Columbia, WV 20 Elmira, NY 17 Erie, NY 7 Fayetteville, AR 17 Fayetteville, NC 12 Florence, SC 7 Gainesville, FL 6 Grand Rapids, MI 41 Greenville-Spartanburg, SC 3 Greenbrier, WV 16 Hilton Head, SC 12 Huntsville, AL 14 Islip, NY 21 Ithaca, NY 9 Jackson, MS 30 Knoxville, TN 225 LaGuardia 16 Lynchburg, VA 2 Middletown, PA 7 Montgomery, AL 15 New Bern, NC 8 New Haven, CT 11 Newburgh, NY 21 Newport News, VA 438 Philadelphia, PA 32 Roanoke, VA 15 Salisbury, DL 26 South Bend, IN 19 State College, PA 9 Tallahassee, FL Washington Nat l 154 16 Westchester County, NY 4
APPENDIX B CONSTITUTION AND BY-LAWS OF IBT-CWA PIEDMONT CUSTOMER SERVICE EMPLOYEES ALLIANCE ARTICLE I GENERAL Section 1. NAME This Organization shall be known as the IBT-CWA Piedmont Customer Service Employees Alliance and shall be referred to herein as the Alliance. Section 2. LOCATION The Alliance shall be headquartered in the Washington, D.C. offices of the Alliance Director. Section 3. DURATION The duration of the Alliance shall be co-extensive with the representation of the Fleet and Passenger Service Employees of Piedmont Airlines, Inc., or until dissolved by agreement of IBT and CWA. Section 4. OBJECTIVES OF THE ALLIANCE The Alliance has been formed to represent employees pursuant to the provisions of the Railway Labor Act by designating, pursuant to Section 2, Third of the Railway Labor Act, IBT and CWA to act as the authorized bargaining agents for the Alliance. The Alliance is vested with all powers and authorities necessary to carry out its objectives. Section 5. ASSETS, DEBTS AND EXPENSES (a) The Alliance shall not own any assets and shall not charge or collect any dues or other monies from employees it represents since the costs of representation shall be borne by designated labor organizations. Any labor organization designated to act on behalf of the Alliance is empowered to negotiate with the Carrier a lawful union security provision pursuant to Section 2, Eleventh of the Railway Labor Act, through the Alliance, which will require employees, as a condition of continued employment, to become a member of and/or financially support that designated labor organization consistent with the law. 5
(b) No officer or agent of the Alliance may incur any debt for the Alliance or obligate the Alliance to make any payment. All expenses and costs of administering the Alliance and conducting meetings of the Alliance, the Piedmont Representation Council ( PRC ), or any other Committee established by the Alliance shall be borne by the IBT or CWA representative incurring such expense or cost. By advance agreement, the parties may authorize additional expenses, to be incurred jointly or singly, on behalf of the Alliance. Section 6. INCORPORATION OF ALLIANCE AGREEMENT This Alliance was formed by an Agreement between IBT and CWA first executed in Washington, D.C., on July, 2004. That Agreement is hereby adopted and incorporated as if a part of this Constitution and By-Laws and shall be referred to herein as the Alliance Agreement. Section 7. AMENDMENTS This Constitution and By-Laws may be amended by agreement of the International Presidents of IBT and CWA or, if they are unable to resolve a dispute over an amendment, by the dispute resolution procedure established in Section 10 of the Alliance Agreement, except that Article I, Section 3 of this Constitution and By-Laws shall not be amendable under the dispute resolution procedure. ARTICLE II MEMBERSHIP AND OFFICERS Section 1. MEMBERSHIP Membership in the Alliance shall be limited to the International Presidents of IBT and CWA. Section 2. DESIGNEES The International Presidents may designate one or more individuals to act for them as members of the Alliance and any individual or individuals so designated shall possess all powers and authority given by this Constitution and by the Alliance Agreement to the International Presidents. Section 3. OFFICERS (a) ALLIANCE DIRECTOR - The Chief Executive Officer of the Alliance shall be the Alliance Director, who will be the IBT International President or his designee in 2004, 6
2005, 2007 and 2008, and every two years for two-year terms thereafter. In all years in which the IBT International President or his designee is not the Alliance Director, he will be the Alliance Vice-Director. The Alliance Director shall be responsible for scheduling and presiding over the meetings called for by Section 5 of the Alliance Agreement, and for calling and presiding over any meeting of the designees as the Alliance Director deems necessary. The Alliance Director shall also be a member of and act as the Chairperson of the Piedmont Representation Committee established by Section 5 of the Alliance Agreement. (b) VICE DIRECTOR. The CWA International President or his designee shall be the Vice Director in 2004 and 2005, 2007 and 2008, and every two years for two-year terms thereafter. In 2006, 2009 and 2010, and every two years for two-year terms thereafter, the CWA International President or his designee will be the Alliance Director. The Vice Director shall perform the duties of the Alliance Director during the absence of that Officer or in the case of removal, resignation, death or incapacity of that Officer without a replacement being designated by the International President who designated that individual. The Vice Director shall have the right to call for a meeting of the designees and shall be a member of, and the Vice Chairperson of, the PRC. (c) The Director and Vice Director will make every effort to reach decisions by consensus prior to resolving issues as required by Paragraph 10 of the Agreement. ARTICLE III ALLIANCE BOARD OF ADJUSTMENT Section 1. CO-CHAIRS OF THE ALLIANCE BOARD OF ADJUSTMENT (a). The Alliance Director and Alliance Vice Director, or their respective designees, shall serve as equal Union Co-Chairpersons of any Boards of Adjustment established, pursuant to 45 U.S.C. 184 of the Railway Labor Act, as amended, between the Alliance and the carrier. (b) For all disputes brought before a Board of Adjustment that primarily involve or relate to employees represented by the IBT, pursuant to Section 3 or 7 of the Alliance Agreement, the IBT-Appointed Director or Vice Director, or his designee, shall serve as the Union- Chairperson of the particular Board of Adjustment hearing that dispute. (c) For all disputes brought before a Board of Adjustment that primarily involve or relate to employees represented by the CWA, pursuant to Section 4 or 7 of the Alliance 7
Agreement, the CWA-Appointed Alliance Director or Vice Director, or his designee, shall serve as the Union-Chairperson of the particular Board of Adjustment hearing that dispute. (d) For all disputes brought before a Board of Adjustment that present issues common to all employees represented by the Alliance, the Alliance Director, or his designee, shall serve as the Union-Chairperson of Board. Section 2. GRIEVANCES (a) All grievances filed on behalf of the Alliance by the IBT or by IBT represented employees shall be processed up to the Board of Adjustment level by the IBT. Expenses related to such grievances up to and through the Board of Adjustment level shall be borne by the IBT, subject to subparagraph c below. (b) All grievances filed by on behalf of the Alliance by the CWA or by CWA represented employees shall be processed up to the Board of Adjustment level by the CWA. Expenses related to such grievances up to and through the Board of Adjustment level shall be borne by the CWA, subject to subparagraph c below. (c) For all grievances and arbitrations that present issues common to all employees represented by the Alliance, the payment of exceptional expenses shall be considered by the Director and Vice Director and allocated between the IBT and CWA according to their decision. ARTICLE IV NEGOTIATING COMMITTEE Section 1. ESTABLISHMENT OF A NEGOTIATING COMMITTEE There shall be established a Negotiating Committee of the Alliance whose purpose is to engage in collective bargaining with the employer of the employees represented by the Alliance. Section 2. COMPOSITION OF THE NEGOTIATING COMMITTEE (a) The Alliance Director shall be the Chairperson and Chief Spokesperson of the Negotiating Committee. (b) The Alliance Vice Director shall serve as the Vice Chairperson of the Negotiating Committee, and shall perform the duties of the Chairperson and Chief Spokesperson of the Negotiating Committee in the absence of Alliance Director. (c) Apart from the Chairperson and Vice Chairperson, the Negotiating Committee members shall be comprised of no less than two (2) and no more than three (3) appointees of the of IBT General President, and no less than one (1) and no more than (2) appointees of the CWA 8
President. The Committee will make every effort to formulate bargaining positions by consensus, and will subject issues to a Committee vote only to break impasses that are not otherwise capable of resolution. The Chairperson and Vice Chairperson of the Committee will not participate in this vote. (d) No Tentative Agreement will be submitted to a ratification vote by the Craft or Class of Piedmont Passenger and Fleet Service Employees unless both the Chairperson and Vice Chairperson agree to do so. In the case of disagreement over whether the Carrier has made a final offer of settlement, or any other unresolved issues, the dispute will be resolved in accordance with the provisions of Paragraph 10 of the Agreement. 9
APPENDIX C This Appendix describes the geographic distribution of states for the purpose of defining ALLIANCE representation as a result of expansion at Piedmont stations and/or facilities beyond those described in Appendix A on or after the effective date of this Agreement. Unless otherwise specified in the Agreement, the Organization listed below shall be entitled to represent through the IBT-CWA Piedmont Customer Service Employees Alliance employees any newly-created stations within the designated states listed below. 10
IBT Connecticut Maryland Maine Indiana Michigan New York Pennsylvania West Virginia Virginia Massachusetts North Carolina Vermont New Hampshire Wisconsin Rhode Island New Jersey Delaware Minnesota Iowa Nebraska Colorado Utah Wyoming North Dakota South Dakota Montana Idaho Washington Oregon Nevada California CWA Alabama Florida Mississippi Ohio South Carolina Tennessee District of Columbia Charlotte, NC Georgia Illinois Kentucky Missouri Arkansas Louisiana Kansas Oklahoma New Mexico Arizona Texas 11