1st V-Pres Joseph Rosende 2nd V-Pres Mike Garcia Treas. Chuck Hernandez Rec-Sec. M.Pumariega Exec Board

Michael Garcia, Second Vice-President Michael Garcia, Second Vice-President January 24, 2008 12lx Intra Station Transfer   Dear Brothers & Sisters   A few members have recently questioned the contractual rights of new hire employees. Specifically, the ability to request and be awarded a full-time upgrade while on probation within his station. This is known as a 12LX transfer (upgrade to fulltime within station) sees page 67 section 1; no six month wait required for probation employees.   It is important to understand that newly hired employees are entitled to all of the contractual rights of the agreement with the exception of the arbitration process in the event of discharge from the company while on probation. Probationary employees are members in good standings and will receive all entitlements of the contract, except as mentioned above and/or noted otherwise in the contract.   In order maintain eligibility consistently throughout the year a part-time employee needs to submit a 12lx transfer request every June 1 thru June 15 and December 1 thru December 15 of every year. This will enable and maintain the active request throughout the year. After the employee submits the 12lx transfer, the process requires a 15 day window for processing. For example, if employee A submitted a 12lx request on December 16, 2007, the eligible date for upgrade would be January 2, 2008. Consequently, if the company requested a list on January 1, 2008 employee A would not be eligible for the upgrade. In contrast if employee B submitted his 12lx transfer on December 13, 2007 employee B would be on the January 1, 2008 list and would be proffered the full-time status.   In conclusion, I hope some of the above mentioned examples can assist you in understanding the 12lx process and clear any rumors. Should any one have any comments or questions I can be reached at our TWU Local office 305-874-2788,   Fraternally,   Michael Garcia 2nd Vice President TWU local 568 MIA-TPA-FLL Article 43 of the AA-TWU Agreement Dear Brothers & Sisters,  In recent months, many members have expressed concerns about the company’s ability to extend part-time employees beyond their regular shifts. The following is a list of frequently asked question and answers:   Can the company involuntarily force a part-time employee beyond their regular shifts?  Yes. The company may force par-time employees to work beyond their regular shifts up to eight hours.    Does an emergency need to be declared in order for the company to force the part-time employee?  No. The company may extend the part-time employees due to operational necessities provided they have exhausted all full-time employees who are available for overtime as provided for in Article 43 L (page 173) of the AA_TWU agreement.   What is the process for part-time extensions?  First, the company is required to identify the operational need for the extensions and the amount of required personnel needed (ex. 20 employees) for a specific period of time (1400- 1600) to accomplish the work.   Second the company is contractually required to first proffer all full-time employees that made themselves available for holdover overtime (ex. 3 employees) and early call-in overtime (ex. 4 employees). In this example, there are 7 full-time employees available and would be proffered the overtime before any extensions are forced. There is a deficit of 13 employees needed to accomplish the work.   Third, the company can solicit any fulltime employee not on the overtime list and then offer voluntarily and part-time employee that would like to be extended to fill the deficit of 13 employees.   Finally, in the event the company is not able to satisfy the deficit then they may involuntarily extend the lowest senior 13 part-time employees in the work unit whose shift ends at 1400 hours to accomplish the work.   Can the company extend part-time employees prior to calling full-time employees on day-off overtime?  Yes. Day off overtime is not a prerequisite of part-time extensions. The only requirement is holdover and early call-in overtime prior to any part-time extensions. However, when day-off overtime is needed, it must first be proffered to full-time employees prior to part-time day-off solicitation.   History of Article 43   In the early 80’s the company and the union negotiated an agreement that provided for the use of part-time employees in an effort make the company more profitability. The union had concerns about the misuse of part-time employees that may replace the full-time work force with part-timers. As a result of these concerns, the company and the union agreed to part-time employees and included contractual language that would restrict the use of part-time employee. In conclusion, the final product of the negotiations provided profitability for the company while insuring restrictions of the use of part-time employees and preserving full-time employees’ status. Fraternally,   Michael Garcia 2nd Vice President TWU local 568 MIA-TPA-FLL