Saxon v. Southwest Airlines Co.

Filing 14

MEMORANDUM by Southwest Airlines Co. in support of motion to dismiss #13 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Siebert, Melissa)

Exhibit F

Exhibit 1

AGREEMENT
BY AND BETWEEN
SOUTHWEST AIRLINES
AND
TRANSPORT WORKERS UNION OF AMERICA
AFL - CIO LOCAL 555

REPRESENTING
RAMP , OPERATIONS, PROVISIONING AND FREIGHT AGENTS
FOR THE PERIOD FEBRUARY 19, 2016
THRU FEBRUARY 18, 2021

TABLE OF CONTENTS
ARTICLE

TITLE

PAGE NO.

ONE
TWO
THREE
FOUR
FIVE
SIX
SEVEN
EIGHT
NINE
TEN
ELEVEN
TWELVE
THIRTEEN
FOURTEEN
FIFTEEN
SIXTEEN
SEVENTEEN
EIGHTEEN
NINETEEN
TWENTY
TWENTY ONE
TWENTY TWO
TWENTY THREE
TWENTY FOUR
TWENTY FIVE
TWENTY SIX
TWENTY SEVEN
TWENTY EIGHT
TWENTY NINE
THIRTY
THIRTY ONE

PREAMBLE
PURPOSE OF AGREEMENT
SCOPE OF AGREEMENT
STATUS OF AGREEMENT
DEFINITIONS
CLASSIFICATIONS
HOURS OF SERVICE/RELIEF AGENTS
OVERTIME
SENIORITY
TRAINING
PART-TIME EMPLOYEES
FILLING OF VACANCIES
LEAVES OF ABSENCE
SICK AND OCCUPATIONAL INJURY PAY
VACATIONS/DAT DAYS
REDUCTION IN FORCE/SEVERANCE PAY
TEMPORARY ASSIGNMENTS
SAFETY AND HEALTH
GENERAL AND MISCELLANEOUS
UNIFORMS
GRIEVANCE PROCEDURES
MOVING EXPENSES
HOLIDAYS/FREEDAYS
ATTENDANCE
737 -800 SERIES AIRCRAFT
SAVINGS CLAUSE
GROUP INSURANCE BENEFITS
PROFITSHARING
WAGE RULES
DURATION AND AMENDMENTS
RETIREMENT
UNION MEMBERSHIP
EXECUTION PAGE

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2
3

6
9
10

14
20
26
30
31
35
37
40
43
46
49

50
52
55
57

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67
69
75

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77

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85

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SIDE LEITERS OF AGREEMENT
NUMBER ONE
NUMBER TWO
NUMBER THREE
NUMBER FOUR
NUMBER FIVE
NUMBER SIX
NUMBER SEVEN
NUMBER EIGHT
NUMBER NINE
APPENDIX "A"

APPLICATION OF ARTICLE 20, SECTION, 1.G.1.a.
WORK RULE INTERPRETATIONS
PROFITSHARING COMMITTEE
EFT, FIDS, ACARS
HUMAN REMAINS
HEAVY FREIGHT
RATIFICATION POINT ADJUSTMENT
ATTENDANCE NOTIFICATION BY EMAIL
ELECTRONIC MEANS
OVERTIIME CALLBOOK

ii

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PREAMBLE

This Agreement is made and entered into in accordance with the provisions of the Railway
Labor Act, as amended, by and between Southwest Airlines Co. (hereinafter referred to as the
"Company" and/or "Southwest") and the Transport Workers Union of America, AFL-CIO Local
555 (hereinafter referred to as the "Union"), representing the class and craft of Employees
recognized by the Company as Ramp, Operations, Provisioning, and Freight Agents.

1

ARTICLE TWO
SCOPE OF AGREEMENT
A.
Recognition. The Union is recognized by the Company as the sole and exclusive
bargaining agent for the Employees of the Company based in the United States, its territories
and possessions, who comprise the class and craft of Ramp, Operations, Provisioning, and
Freight Agents. The Union reserves the right to defend and protect any covered Employee.
B.
Covered Employees. This Agreement extends to and covers all Employees in the
classifications described in Article Five who normally and regularly spend a majority of their
work time in the performance of duties described in Article Five. Supervisors are not covered by
this Agreement but may continue to perform covered work while on duty, with the
understanding that the intent is for a supervisor to assist, direct, train, evaluate agent
performance and support the operation by managing and directing the workforce. A supervisor
may not replace any covered Employee or cover a scheduled line. A supervisor's schedule
may not be altered to prevent payment of overtime to a covered Employee, and a supervisor
may not accept an overtime assignment if covered Employees are available for voluntary
overtime assignments. When, at management's discretion and approval, an agent may give
away their shift to a supervisor, the following will apply:
1.

The agent should, when time permits, make the shift trade available to other
covered Employees prior to offering it to a supervisor.

2.

Supervisors that enter into a shift trade will be required to perform the work of
that covered Employee for the entire shift.

3.

When a supervisor is working for an agent they will be the first Employee to be
involuntarily extended if the need arises on that shift.

4.

All supervisors who have entered into a shift trade with a covered employee will
provide a copy (may be electronic) of that shift trade to the local union
representative upon approval.

C.
Reasonable Work Rules. Employees covered by this Agreement shall be governed by
all reasonable Company rules and regulations previously or hereafter issued by proper
authority of the Company which are not in conflict with the terms and conditions of this
Agreement and which have been made available to covered Employees and the Union Office
prior to becoming effective.
D.
Management Rights. The right to manage and direct the work force, subject to the
provisions of this Agreement, is vested in and retained by the Company.
3

E.
New Classification/Jurisdiction. Any new job classification coming within the scope of
the class and craft described in Paragraph A of this Article is recognized as coming within the
jurisdiction of the Union and is covered by this Agreement. Such new job classification and the
rates of pay for such new job classification shall be negotiated between the Company and the
Union. Any disagreements between the Company and the Union with regard to this Agreement
shall be subject to Article 20.
F.
Third Party Contracting. The Company and the Union agree that job security and a
stable work environment are important objectives to be maintained. Therefore, the Company
agrees that contracting with third parties shall be prohibited if it results in a reduction in force or
involuntary furlough. It is the intent of both parties that covered work be done by Southwest
Airlines Employees.
1.

Should the Company have a need to contract with third parties for the
performance of covered work, the Company shall notify the Union of:
a.
b.

The nature of the contract; and
The anticipated length of time the third party work shall be required.

The Company and the Union agree to discuss the time frames in an attempt to
minimize such third party work and return same to covered Employees. No such
contracting shall occur when and if adequate facilities are available for the
Company's operations, ramp, and/or freight needs.
2.

Should the Company have a need to contract with third parties for the
performance of covered work at stations where flight activity does not exceed 12
departures per day, the Company shall be entitled to do so. The Company shall
notify the Union of:
a.
b.

The nature of the contract; and
The anticipated length of time the third party work shall be required.

This provision shall not apply to stations in operation as of March 27, 2009.
3.

The Company and the Union agree that the Company may use a third-party for
the performance of covered work in the San Juan, Puerto Rico station so long as
departures do not exceed 25 departures per day.

G.
Freight Facilities. When and so long as (i) the volume of freight at a station exceeds
four hundred thousand (400,000) pounds total of inbound and outbound freight for a four (4)
consecutive month period; and (ii) adequate facilities are available, the Company shall establish
and maintain a separate bid location for Freight Agents within the Operations Agent
4

classification; provided, however, that freight facilities established as of the effective date of the
2001 Agreement covering Ramp, Operations, Provisioning, and Freight Agents shall not be
affected by the volume requirement in clause (i), above. The Company will provide the Union
with a monthly report containing each station's total volume of freight handled that month.

5

ARTICLE FIVE
CLASSIFICATIONS
SECTION ONE
RAMP AGENT/PROVISIONING AGENT
The work of Ramp, and Provisioning Agents includes the functions which have been historically
performed by such agents at Southwest Airlines stations and includes, but is not limited to, any
or all of the following work covered under this specific labor contract. Agents required to
perform such duties must be current and qualified within that classification.

A.

Loads, unloads, services, guides, and directs Company aircraft.

B.

Transports cargo to and from aircraft, including from the Company to other carriers.

C.
Loads and unloads the cargo compartment of the aircraft with cargo (such as
Customers' baggage, air freight, air mail, ballast, and Company materials) according to a predetermined plan received either electronically or manually from an Operations Agent. Submits,
either electronically or manually, a Cargo Bin Loading Slip (CBLS) to an Operations Agent.
D.
Warehouses, weighs, stacks, picks up, and delivers air cargo; checks air cargo handled
against its accompanying forms to identify any mishandling or discrepancies; and corrects
routine errors.

E.

Safeguards Customers' baggage, air cargo, air mail, and comat from weather, loss,
theft, damage, and/or destruction.
F.
Receives and records (either manually or by means of an electronic scanner, worn or
held by a Ramp Agent) Customer baggage, air freight, air mail, and comat as required. Restickers misconnect bags.
G.

Checks cargo data/forms for accuracy and corrects data/forms as necessary.

H.
Equips aircraft cabin interiors for flights with equipment and supplies such as blankets,
literature, disposal and refuse containers, and commissary items (including ice), in accordance
with applicable paperwork (which may be in electronic form).
I.
Hand cleans interior of aircraft by such operations as hand sweeping and dusting,
empties ash trays, and uses specialized cleaning fluids and materials, using mechanized
cleaning aids as required, in accordance with applicable paperwork (which may be in electronic
form).
10

J.

Removes stains from upholstery; cleans windows; and cleans and services lavatories
and galleys and disposal containers, in accordance with applicable paperwork (which may be in
electronic form).
K.
Transports cabin, commissary, and cleaning equipment between aircraft and storage
areas.
L.
Wears visual identification required by the Company, prominently displayed for ready
recognition.
M.
Maintains an inventory of cabin equipment items, commissary items, and cleaning
equipment and supplies, including the storage areas for such supplies and notifies local
management of possible materials needed.
N.
Checks delivery of supplies for shortages and brings discrepancies to the attention of
local management.
O.
Works according to Company regulations and procedures and instructions from
supervisors issued in accordance with this Agreement.
P.
As qualified, operates all power and other ground equipment (including push back tugs)
assigned by the Company to complete its airline operations.
Has routine contacts with people outside the Company such as delivery agents,
shippers, etc.
Q.

R.

Completes forms and paperwork connected with work assignments according to
established procedures and enters such information into the Company's information system as
required.
S.
Keeps work area in a clean and orderly manner, including storage areas for Company
supplies and commissary items and Employees' break room.
T.

Provides friendly service to all co-workers and Customers.

SECTION TWO
OPERATIONS AGENT/FREIGHT AGENT
The work of an Operations Agent includes the functions which have been historically performed
by Operations Agents at Southwest Airlines stations and includes, but is not limited to, any or
11

all of the following work covered under this specific labor contract. Agents required to perform
such duties must be current and qualified within that classification.
A.
Coordinates the ramp, operations, Customer boarding/deplaning, and provIsIoning
functions at the airport to assure expedient handling/servicing of aircraft and to achieve on-time
departures, quick turnarounds, and to make up time on delayed flights.
B.
Opens and closes the stations, advising Dispatch of same; transmits required messages
about conditions; operates stations/flight communications equipment and radio communications
equipment as needed; answers station operations telephones and advises gate agents when
the Operations Agent will board Customers.
C.

Prepares Dispatch release forms and collects weather reports for the crew.

D.

Arranges to have aircraft fueled as required.

E.

Prepares weight and balance computations at each station/location and advises
Dispatch, Flifo, and stations of flight departures. Weight and balance entries will be completed,
coordinated and verified by the Ops Agent for submission to the crew.
F.
Retrieves, edits and approves load plan and makes any adjustments to flight
parameters. Makes load plan available to Ramp Agents. Receives, either electronically or
manually, cargo bin loading information from Ramp Agent and advises Ramp Agent of any
necessary changes.
G.

Closes out flights and files flight information.

H.

Ascertains that aircraft are properly cleaned and provisioned prior to departure.

I.
Coordinates special requests received for services that are needed on flights; e.g.
servicing lavatories, cabin grooming, and wheelchairs for Customers, and performs special
emergency cleaning.

J.

Operates jetway; coordinates the boarding and de-planing of Customers.

K.

Works with gate agents in expediting the check-in process; collects boarding passes
and/or electronic boarding data and verifies boarding counts.
L.

Writes and submits irregularity reports as required.

M.
Checks cargo on hand to see that it is properly logged and accounted for; completes
airbills, verifies shipments; accepts and accounts for payment.
12

N.
Checks that board mail and Company material are dispatched and sent to indicated
stations.
O.
Receives, refers, or makes paging calls and makes paging announcements, as
appropriate.
P.
Keeps other station personnel advised of flight movements, weather conditions, and
irregular operations.
Q.

Prepares statistical reports to record information from trip papers/data.

R.
Operates and monitors equipment for flight information display systems and updates
system when operationally necessary.
S.
Properly maintains and wears the uniform as required by Company regulations and
presents a neat and professional appearance while on duty.
T.
It is understood and agreed that Operations Agents who are currently working in the
Operations Classification and Freight Agents who are currently working in the Freight bid
locations shall not be displaced as a result of future technology enhancements.
U.

Provides friendly service to all co-workers and Customers.

V.
Works according to Company regulations and procedures and instructions from
supervisors issued in accordance with this Agreement and receives/delivers information into the
Company's information system as required.
W.
Has routine contacts with people outside the Company such as delivery agents and
shippers at the Cargo facility.
X.

Performs Cargo security screening at the Cargo house.

SECTION THREE
CROSS-UTILIZATION
It is mutually understood and agreed that under normal working conditions, Ramp Agents shall
perform Ramp Agent duties; Provisioning Agents shall perform Provisioning Agent duties; and
Operations Agents shall perform Operations Agent duties; however, cross utilization shall be
allowed when sufficient personnel of a specific job classification are not available. No Employee
shall be required to perform duties in another job classification unless that Employee has been
adequately trained to perform the required duties and is current and qualified.
13

EXECUTION PAGE
Signed this 16th day of March, 2016.
For Southwest Airlines Co.:

For Transport Workers Union of America,
AFL·CIO cal 555:

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Greg P rlskl, President

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Michelle Jordan

Alfonso Santoy
Negotiating Committe Member
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Kevin Carn
Negotiatin Committee Member

Phil McNally
Negotiatin Committee Member

Bill Venckus

Mik
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Negotiating Co
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89

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Mike Roach
Negotiating Committee Member

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Mark Waters
Negotiating Committee Member

90