Where feasible and practical, the Company shall endeavor to transport and/or deliver container(s), envelope(s) or parcel(s) to the cargo compartment. When such materials cannot in the judgment of the Company be placed in the cargo compartment, they may be transported in the cabin and the Flight Attendant shall be notified. The responsibility of the Flight Attendant for the safekeeping of the container, envelope or parcel shall be limited to the course of the flight. However, unless a Flight Attendant is found to have engaged in willful misconduct, the Company will indemnify and hold harmless the Flight Attendant for any acts or omissions in connection with the responsibility undertaken.

Either the Company or the Union may, at any time, propose in writing any amendment which it desires to make to this Agreement, provided that any such proposal shall not be construed to constitute notice or otherwise reopen the Agreement or any portion of it under Section 6 of the Railway Labor Act nor shall the other party be required to meet, negotiate or agree on such proposal. The parties agree that the services of the National Mediation Board may be requested to facilitate an interest-based approach to reaching agreement on any proposal made pursuant to this provision.

1. The Company shall confer with the MEC President, or her/his designee, before changes are made to Inflight service procedures which would affect the Flight Attendants.

2. The Company will provide the Union, on a monthly basis, the domicile and current status of Flight Attendants. In addition, the Company will provide the Union, on a quarterly basis, with the addresses of Flight Attendants.

If the Company determines that it will place aircraft other than B-737, B-757, or family of Airbus A320 into service, it shall notify the Union as soon as possible. Conferences shall be initiated by either the Company or the Union, upon notice to the other party and under the provisions of Section 6 of the Railway Labor Act, as amended, for the purpose of establishing rates of pay, rules and working conditions applicable to the new equipment.

1. The parties shall meet within fourteen (14) days of such notice and shall commence negotiations as provided above. At the end of ninety (90) days from the date negotiations commence, if agreement has not been reached, either party may notify the other that it wishes to invoke arbitration to resolve the dispute. The parties may agree upon an arbitrator or either party may request that the National Mediation Board name an arbitrator to hear and decide the dispute. The arbitrator shall, in consultation with the parties, set a date, time and place to hear the dispute and shall issue his decision as promptly as possible.

2. At the hearing, the arbitrator shall require each party to submit a complete, final and best offer for all pay, rules and working conditions which remain in dispute. Each party may present evidence and arguments in support of its proposal. The arbitrator’s decision shall be limited to selecting one of the two (2) proposals in its entirety.

3. Until such time as the parties reach agreement or an arbitrator has issued a decision on rates of pay, rules and working conditions applicable to the new equipment, the equipment shall be operated pursuant to the provisions of this Agreement. The new rates of pay shall be effective as of the date the equipment is placed in revenue operation.

The Company will prepare and furnish to each Flight Attendant a printed copy of this Agreement which shall show the execution dates and signatures.

Should any part of this Agreement be rendered invalid by reason of any existing or subsequently enacted legislation, act of government agency or decree of court, the invalid part or provision of this Agreement shall not invalidate the remaining portions and they shall remain in full force and effect.

1. A Flight Attendant will not be required to wear her/his uniform when riding on the jumpseat and while not on duty.
2. A Flight Attendant shall be authorized to occupy a cabin jumpseat in accordance with the cabin jumpseat procedures in the Inflight Operations Manual.
3. The current cabin jumpseat policy as it relates to Flight Attendants shall not be discontinued or reduced during the term of this Agreement except as otherwise required by law.

The Company shall indemnify a Flight Attendant or her/his estate and provide defense against any claims, whether by third parties or by fellow employees, arising out of such Flight Attendant’s performance of her/his duties with the Company as a Flight Attendant unless such claims arise from the willful misconduct of the Flight Attendant.

All orders to a Flight Attendant involving the following shall be stated in writing:

1. Change in domicile

2. Promotions/Demotions

3. Furloughs/Recalls

4. Discipline

5. Termination

1. Maintenance of Documents Regarding Job Performance

Except as provided herein, documents regarding the job performance of a Flight Attendant shall be maintained in a single department file located at the Flight Attendant's base. FAA and Company training data may be alternately maintained in separate files by the Inflight Services Training Department.

2. Handling of Documents Containing Positive Comments

Inflight Management will place documents containing positive comments regarding a Flight Attendant’s job performance in her/his department file and provide a copy to the Flight Attendant.

3. Handling of Documents Containing Derogatory Comments

a. No document containing derogatory comments (including passenger complaints) which might serve as a basis for disciplinary action will be placed in the Flight Attendant’s department file unless a copy is provided to the Flight Attendant with ten (10) business days from receipt by Inflight Services. In the event that such a document identifies a passenger, another Flight Attendant, or contains derogatory comments about an employee other than the Flight Attendant, that information will be redacted before the document is provided to the Flight Attendant. If a grievance is filed which involves the redacted document, redacted information regarding another Flight Attendant will be provided to the Grievance Chairperson or MEC President at the step preceding submission of the grievance to arbitration. However, this redacted information will be provided to the grievant prior to arbitration.

b. No documents regarding a passenger complaint shall be placed in the Flight Attendant’s file unless:

(1) The alleged misconduct or disservice was something over which the Flight Attendant had control; and

(ii) The Flight Attendant is identified or adequately described in the document.

c. The Flight Attendant may provide a written response to any document or notation containing derogatory comments. These responses will be placed in the department file by Inflight Management. In no event, will an anonymous document be placed in the department file.

4. Removal of Documents

a. At a Flight Attendant’s request, documents described in Paragraphs J.3.b. and J.3.c., above (both positive and negative), will be removed according to the following schedule:

(i) Passenger communications regarding a Flight Attendant shall be removed twelve (12) months following the date of the document; and

(ii) Any document (excluding passenger communications) containing derogatory comments which might serve as a basis for disciplinary action or any disciplinary records shall be removed thirty-six (36) months following the date of the document.

b. However, the above documents will not be removed if there has been a recurrence of the same or similar nature within the applicable time period. Once a document has been removed or the applicable time period has elapsed without a recurrence of the same or similar nature, the document may not serve as a basis for any employment action, including any disciplinary action taken with respect to the Flight Attendant. The Company shall not be required to remove copies of public records or documents which are required to be retained by applicable law or government regulation.

5. Access to Department File

A Flight Attendant may make any appointment with Inflight Management to review her/his file in Management’s presence during regular office hours. A Union representative with written authorization from a Flight Attendant may also make an appointment to review that Flight Attendant’s department file. Documents originally addressed to the Flight Attendant or relating to disciplinary action against a Flight Attendant may be duplicated upon request.

The Company and the Union shall not discriminate in any way against any Flight Attendant covered by this Agreement with respect to her/his conditions or privileges of employment because of such individual’s:

1. Race

2. Color

3. Religion

4. National Origin

5. Age

6. Marital Status

7. Handicap

8. Status as a disabled veteran

9. Sex, or

10. Sexual orientation

The Company will not tolerate sexual harassment.

The Company shall provide crew lounges at all domicile locations. The company will work with the Union Hotel Committee in establishing guidelines for the adequacy of crew lounges. If the company opens a new domicile, the Company shall discuss the provisions for crew lounges at these domiciles prior to the opening of the domicile.

The Company shall provide free parking for all Flight Attendants at their domicile. Transportation from domicile parking to the airport terminal shall also be provided. A Flight Attendant may elect to park at another Company domicile rather than her/his assigned domicile provided the cost to the Company is no greater than the cost at the Flight Attendants assigned domicile. If the cost is greater, the Flight Attendant shall pay the difference.

1. The Company shall deduct a monthly contribution to the Union's Pegasus Project from the pay of each Flight Attendant who voluntarily authorizes such contributions on the forms provided for that purpose by the Union (referred to herein as "Check-Off Forms").

2. The language of the form shall be as follows:

To: America West Airlines

I hereby authorize and direct the Company to deduct $ out of my gross earnings per paycheck and to remit that amount to the Association of Flight Attendants’ Pegasus Fund.

This authorization is voluntarily made based on my specific understanding that:

The signing of this authorization and the making of this voluntary contribution are not conditions of membership in the Union or employment of my employer;

Any guideline amount suggested by a specific fund or its representatives is only a suggestion and I may contribute more or less and will not be favored or disadvantaged by the Union for doing so;

I may refuse to contribute without reprisal; and Pegasus which is connected with the Association of Flight Attendants, shall use the money it receives solely for its intended purpose.

This authorization shall remain in full force and effect until revoked in writing by me, pursuant to the provisions of the Agreement between America West Airlines, Inc., and the Association of Flight Attendants.

Name

File Number

Signature

Date

3. All Check-Off Forms will be submitted through the MEC President who will forward the original signed copy to the Company. A properly executed Check-Off Form, filed before and received by the Company prior to the 10th of any month will become effective the 1st of the following month. Illegible or improperly executed forms will be returned to the MEC Office.

1. Any notice of revocation as set forth in the Check-Off Form must be in writing, signed by the Flight Attendant and delivered by certified mail to the Company with a copy to the MEC President. Check-Off Forms and notices received by the Company will be date-stamped on the date received and will constitute notice to the Company as of the date received and not when mailed. Such notices received by the Company and date-stamped by the 10th of any month will become effective the 1st of the following month.

5. Deduction of a Flight Attendant's contribution shall be made each month provided there is sufficient balance due the Flight Attendant at the time after all other deductions authorized by the Flight Attendant or required by law (including money claims of the Company and the Credit Union) have been satisfied. The Company will remit all contributions pursuant to outstanding and unrevoked Check-Off forms, within ten (10) days of the date of the deduction, to the Pegasus Fund, c/o The Association of Flight Attendants, AFL-CIO, 1275 K Street NW, Fifth Floor, Washington, DC 20005, together with a list of the names of contributing Flight Attendants and the amount of their contributions.

6. A Flight Attendant who has executed a Check-Off Form and (1) who resigns from the Company; (2) who is laid off; or (3) is otherwise terminated from the employ of the Company shall be deemed to have automatically revoked her/his assignment within a reasonable time period following the date of such action. If she/he (1) is rehired; (2) recalled; or (3) reemployed, further deductions of Pegasus Fund contributions will be made only upon execution and receipt of another Check-Off Form.

7. It will be the Union's responsibility to verify apparent errors in deduction of Pegasus Fund contributions before contacting the Company payroll department.

8. America West Airlines, Inc. shall be held harmless and indemnified by the Union for any claims which may be made by the Flight Attendant(s) by virtue of the wrongful or incorrect application of any of the terms of this subsection.

1. The Company may require a Flight Attendant to undergo alcohol testing in accordance with Company policy and/or as required by applicable federal, state or local laws and regulations. A Flight Attendant shall submit to a breath alcohol test under the following circumstances:

a. Post Accident Testing.

b. Reasonable Suspicion Testing. A Flight Attendant shall submit to a reasonable suspicion test based on the Company’s determination that reasonable suspicion exists that the Flight Attendant has violated either the FAA or the Company’s alcohol prohibitions. This determination shall be based on a trained supervisor’s or manager’s observation. That supervisor or manager shall not conduct the test. Upon request, the Flight Attendant shall be provided with the name of the supervisor or manager requesting the test and the reason the test was requested.

c. Return To Duty Testing. In the event a Flight Attendant returns to duty after violating the FAA or the Company’s alcohol prohibitions or after voluntarily disqualifying herself/himself from duty due to an alcohol-related problem, she/he must first submit to a return to duty test.

1. Follow-Up Testing. In the event a Flight Attendant returns to duty after violating the FAA's or Company’s alcohol prohibitions or after voluntarily disqualifying herself/himself from duty due to alcohol-related problems, she/he must submit to follow-up testing. A minimum of six (6) tests shall be conducted in the first twelve (12) months after the Flight Attendant returns to duty. Additional follow-up testing, if recommended by a Substance Abuse Professional, may continue for up to sixty (60) months.

e. Random Testing.

2. All alcohol tests shall be performed in accordance with DOT/FAA regulations.

3. The Company shall allow a Flight Attendant to submit to an alcohol test in the presence of a witness, if doing so would not delay the test.

4. If random alcohol testing is no longer legally required, the Company may continue to randomly alcohol test Flight Attendants so long as it maintains procedural safeguards which are no less than those currently in effect under the applicable DOT/FAA regulations regarding random testing.

5. The Company shall not require a Flight Attendant to submit to a random blood or urine alcohol test unless such test is legally required.

1. The Company may require a Flight Attendant to undergo drug testing in accordance with Company policy and/or as required by applicable federal, state or local laws and regulations. A Flight Attendant shall submit to a urinalysis for the purpose of testing for the presence of proscribed substances due to the following circumstances:

a. Aircraft or equipment accident

b. At a trained supervisor's or manager's request due to probable cause. Prior to requesting a test for probable cause, the supervisor or manager shall obtain the concurrence of one other trained management representative. This concurrence may be secured either in person or telephonically.

c. Pre-employment screening

d. Return from a leave in excess of six (6) months

e. An FAA mandated drug screening

2. The Company shall preserve a portion of any urine sample received and shall pay all costs for storing the sample at a certified laboratory (i.e., store the split sample in accordance with the FAA regulations). If the Flight Attendant elects to have her/his split sample re-tested after an initial positive test, and the re-test of the split sample is positive, the Flight Attendant shall bear the expense; if the re-test of the split sample is negative, the Company shall bear the expense. The request for a retest of the split sample must be made within seventy-two (72) hours of her/his receipt of notice of the positive test.

3. All DOT/FAA mandated drug testing shall be performed in accordance with DOT/FAA regulations.

4. In the event drug testing is no longer required by the DOT, but the Company nevertheless determines it shall continue drug testing, the Company will continue to have procedural safeguards no less than those currently in effect under the DOT Regulations.

1. Flight Attendants and their eligible dependents shall be provided pass privileges in accordance with the current Company pass policy for on-line and interline travel.

2. The current Company policy as it relates to Flight Attendants and their eligible dependents shall not be reduced or discontinued during the life of the Agreement.

3. Retired Flight Attendants and their eligible dependents shall be provided pass privileges in accordance with the current pass policy for on-line and interline travel. All Flight Attendants on the System Seniority List, or Flight Attendants who have already retired as of the effective date of this Agreement shall be deemed to have satisfied the minimum years of service requirement in the current Company policy.

4. A Flight Attendant on a leave of absence or consecutive leaves of absence shall be entitled to space available passes, in accordance with the Company's pass policy. This shall also include such Flight Attendant's eligible dependents.

1. Flight Attendant duties include collection or storage of magazines and newspapers, neatness of the aircraft galley and service areas and maintaining a neat and tidy cabin during and between flights to which she/he is assigned as a crewmember. Flight Attendants’ duties may also include crossing seatbelts and proper stowage of the pillows and blankets.

2. A Flight Attendant shall be responsible for the tidying of seat pockets only to the extent of removing items which are visible and accessible without reaching into the pocket and shall place such trash on the aisle seat for pick up and removal by other personnel. Personnel in field stations may request Flight Attendant assistance in the removal of trash, if necessary.

3. Tidying duties will not be required preceding the origination of the first segment of the Flight Attendant's duty period. If the tidying duties cause a Flight Attendant to remain on duty in excess of the release time pursuant to Section 5, Hours of Service, the release time will be adjusted accordingly by calling Crew Resources from a Company OPEX line prior to leaving the airport.

4. Flight Attendants shall not be required to load catering supplies onto the aircraft.

5. Flight Attendants will be provided with sanitary wet naps and plastic gloves for use on the aircraft.