1. In accordance with Certification Number R-6294 issued by the National Mediation Board on September 20, 1994, America West Airlines, Inc. ("Company") recognizes the Association of Flight Attendants, AFL-CIO (the "Union") as the collective bargaining representative of Flight Attendants employed by the Company with the authority and obligation to represent them for the purposes of the Railway Labor Act, as amended.

2. This Collective Bargaining Agreement and any formal Letters of Agreement between the Company and the Union may be collectively referred to as the "Agreement."

This Agreement covers all revenue and all known and recurring miscellaneous flying performed by the Company with Flight Attendants on its payroll. All flying covered by this Agreement shall be performed by Flight Attendants whose names appear on the America West Airlines, Inc. Flight Attendant System Seniority List.

1. "Subcontracting Revenue Flying" as used in this Agreement shall refer to and be limited to transactions in which the Company pays a fixed sum of money to another air carrier or third party contractor pursuant to an agreement whereby:

1. the other carrier transports the Company’s passengers using the other carrier’s or third party contractor’s aircraft and/or Flight Attendants, and
2. the Company receives all of the revenue collected from such passengers.

1. The Company may only engage in Subcontract Revenue Flying for periods not in excess of one hundred and eighty (180) days per occurrence during the term of this Agreement when:

1. such Subcontracted Revenue Flying is necessary to accomplish the needs of the Company, and
2. the Company determines that it does not have sufficient or appropriate aircraft, or sufficient or appropriately trained Flight Attendants available to perform the Subcontracted Revenue Flying.

1. The Company will not furlough any Flight Attendant as a direct result of engagement in Subcontracted Revenue Flying; however, it is understood and agreed that nothing in Paragraph C.2, above, will prevent the Company from furloughing Flight Attendants for economic reasons independent of or unrelated to its engagement in Subcontracting Revenue Flying.

4. Subcontracted Revenue Flying shall not include any flying performed by another carrier whereby the other carrier transports passengers pursuant to a code-share agreement, a marketing agreement, an interline agreement, a pro-rate agreement or a block-space agreement, and there shall be no contractual restrictions on such flying or on any other flying performed pursuant to any other marketing or alliance agreement or arrangement.

5. Notwithstanding Paragraph C.2, above, in the event the Company engages in Subcontracted Revenue Flying solely due to circumstances over which the Company does not have control, it may engage in the Subcontracted Revenue Flying for a time not to exceed the duration of the circumstance beyond the Company’s control or twelve (12) months, whichever is less. Circumstances beyond the Company’s control shall include: an act of nature; a labor dispute; grounding of a substantial number of the Company’s aircraft by a government agency or a court; loss or destruction of the Company’s aircraft; involuntary reduction in flying operations due to either a decrease in available fuel supply or other critical materials for the Company’s operation; revocation of the Company’s operating certificate(s); war emergency or owner’s or manufacturer’s delay in the delivery of aircraft scheduled for delivery.

1. This Agreement shall be binding upon any successor or assign of the Company unless and until changed in accordance with the provisions of the Railway Labor Act, as amended. For purposes of this paragraph, a successor or assign shall be defined as an entity (other than an air carrier or an entity which owns or is owned by an air carrier) which acquires all or substantially all of the assets or equity of the Company through a single transaction or multi-step related transactions which close within a twelve (12) month period.

1. In the event of a complete merger between the Company and another air carrier (i.e., the combination of all or substantially all the assets of the two carriers) where the surviving carrier decides to integrate the pre-merger operation, the following procedures will apply:

1. If the Company is the surviving carrier, the Company will integrate the two Flight Attendant groups in accordance with AFA Merger Policy if both groups are AFA-represented, and in accordance with Sections 3 and 13 of the Allegheny Mohawk LPP’s (Labor Protective Provisions) if Flight Attendants of the Company’s merger partner are not represented by AFA.
2. If the Company is not the surviving carrier, the Company will make reasonable efforts to have the surviving carrier integrate the two Flight Attendant groups in the same manner as stated in (a) of this Paragraph.

1. In the event the Company acquires all or substantially all of the assets or equity of another air carrier, or another air carrier acquires all or substantially all of the assets or equity of the Company, the Company will meet promptly with the Union to negotiate a possible "Fence Agreement" to be in effect during the period, if any, the two carriers are operated separately without integration of the Flight Attendant work force. These discussions shall not be pursuant to Section 6 of the Railway Labor Act, and reaching an agreement with the Union shall not be a prerequisite for closing, or any other aspect of the transaction or operations pursuant to the transaction.

1. Except as restricted by the express terms of this Agreement, the Company shall retain all rights to manage and operate its business and work force, including but not limited to the right to sell or discontinue all or part of the business; to sell or lease aircraft or facilities; to determine where and when to operate scheduled or unscheduled flights; to determine its marketing methods and strategies, and to enter into code sharing, affiliation or marketing agreements with other carriers; to invest (including equity investments) in other business entities including, without limitation, other air carriers; and to determine the type of aircraft it will utilize.

2. The exercise of any right reserved herein to management in a particular manner, or the non-exercise of such right, shall not operate as a waiver of the Company’s rights hereunder, or preclude the Company from exercising the right in a different manner.

3. The parties agree that any past practices established prior to the date of this Agreement shall not create any contractual or legal obligation to continue such practices following the effective date of this Agreement.

The Company agrees to arbitrate any grievance filed by the Union alleging a violation of this Section 1 on an expedited basis directly before the System Board of Adjustment sitting with a neutral arbitrator mutually acceptable to both parties. If a mutually agreed upon arbitrator cannot be selected within three (3) business days of the filing, an arbitrator will be selected pursuant to Section 31, System Board. The dispute shall be heard no later than thirty (30) days following the submission to the System Board (subject to the availability of the arbitrator), and shall be decided no later than thirty (30) days following submission, unless the parties agree otherwise in writing.