SIDELETTER #11
LETTER OF AGREEMENT
Between
AMERICA WEST AIRLINES, INC.
And
THE FLIGHT ATTENDANTS
In the service of
AMERICA WEST AIRLINES, INC.
As represented by
THE ASSOCIATION OF FLIGHT
ATTENDANTS
AFL-CIO
________________________________________________________________________
Introduction of New Airbus
Aircraft to the Company’s Fleet
THIS LETTER OF AGREEMENT is made and entered into in accordance with the provision of the Railway Labor Act, as amended, by and between AMERICA WEST AIRLINES, INC. (hereinafter referred to as the "Company"), and the FLIGHT ATTENDANTS in the service of AMERICA WEST AIRLINES, INC., as represented by the ASSOCIATION OF FLIGHT ATTENDANTS, AFL-CIO (hereinafter referred to as the "Union").
This is to confirm the agreement reached by the Union and Company regarding an agreement between Airbus Industrie and the Company for a firm order for twenty-two (22) Airbus A319s (the "Firm Order A319s"), an order for twenty-four (24) Airbus A320 aircraft (twelve (12) of which are subject to cancellation), options to purchase forty (40) additional A320 family aircraft and rights to convert certain A319 and A320 aircraft into A319, A320 or Airbus A321 aircraft. The Firm Order A319s, any other A319 or A321 acquired by the Company as the result of the exercise of any of the aforementioned options or conversion rights and any other A319 or A321 acquired by the Company during the term of this Letter of Agreement shall be referred to as the "Letter Agreement Aircraft".
1. If the company sells, leases, or otherwise transfers any of the Letter Agreement Aircraft to a wholly-owned subsidiary of America West Holdings Corporation (an "Affiliate"), then Flight Attendants duties for the Letter Agreement Aircraft shall be performed by the Flight Attendants on the America West Airlines, Inc. Flight Attendant’s System Seniority List pursuant to the terms of the Flight Attendant Agreement.
2. The Company shall provide the Union with anticipated delivery dates for all Letter Agreement Aircraft and, upon delivery of each Letter Agreement Aircraft, provide the Union with the tail number for such aircraft.
3. Any grievance filed by the Union alleging a violation of the terms of this Letter of Agreement shall be processed on an expedited basis pursuant to the terms of Section 1, Recognition and Scope, Paragraph F. of the Agreement. The parties agree that the rights and obligations contained in Paragraph 1 of this Letter of Agreement are equitable in nature, that there are no adequate remedies at law for the enforcement of such Paragraph 1 rights and obligations, and that the Union and the Company’s Flight Attendants will be irreparably injured by any violation of Paragraph 1 of this Letter of Agreement. The parties therefore agree that, in addition to any other rights and remedies available under law or the Agreement, upon the Union’s showing that it is probable that any sale, lease or other transfer would violate the provisions of Paragraph 1, the provisions of Paragraph 1 shall be enforced by "minor dispute" preliminary injunction against the Company to prevent, without limitation, the sale, lease or other transfer of any aircraft in a manner contrary to Paragraph 1 of this Letter of Agreement, pending the completion of the aforementioned Section 1, Recognition and Scope, Paragraph F. grievance process.
This Letter of Agreement shall be effective as of the date of signing, and shall remain in full force and effect concurrent with the duration of the Agreement.
FOR THE ASSOCIATION OF FLIGHT FOR AMERICA WEST AIRLINES, INC.
ATTENDANTS - AFL-CIO
_________________________________ __________________________________
Patricia A. Friend
International President America West Airlines, Inc.
_________________________________
William McGlashen
MEC President
Date:_____________________________