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IAM TENTATIVE AGREEMENT SEPTEMBER 30, 2010

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Page 1: Tentative Agreement 2010 CAL

IAMTENTATIVE

AGREEMENT

SEPTEMBER 30, 2010

Page 2: Tentative Agreement 2010 CAL

Fellow Continental Flight Attendant,

This is a copy of the IAM/CAL Tentative Agreement 2010. This package includes:

IAM DL 142 Tentative Agreement Announcement Contract 2010: A Brief History Highlights of ImprovementsQ & A October 4, 2010Redlined Sections of Contract with Changes and Explanations

Only sections with changes have been included in this package. No changes have been made to any section that is not in this package. The entire contract will be available at www.go142.org.

Ratification of the Agreement will be in person, at locations in each base. Voting will be allowed at any base. The ratification will take place from October 14 through October 20, 2010 A copy of the times and locations of voting will be placed in your v-file and posted at www.go142.org.

The interim Tentative Agreement must be accepted by the Flight Attendant membership before taking effect. The Negotiating Committee unanimously recommends ratification of the interim agreement.

In Solidarity,

The Continental Negotiating Committee

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September 30, 2010File: CO-18

2010-99

CONTINENTAL FLIGHT ATTENDANTIAM Reaches Tentative Interim Agreement with Continental

District 142 today announced it has reached a tentative interim collective bargaining agreement with ContinentalAirlines. The duration of the agreement is 26 months.

This 26-month agreement addresses merger-related issues, increases compensation, and enhances job securityprovisions. We have negotiated immediate benefits for the membership and important protections that will safeguardFlight Attendants through the operational integration with United.

Although Continental and United Airlines are expected to complete their corporate merger on October 1, 2010operational integration will not occur immediately.

A transition agreement that will cover wages, benefits and working conditions for the combined ContinentalAirlines/United Airlines Flight Attendant group must be negotiated following the resolution of union representationissues. We wanted to lock in wage increases and merger protections now, while preserving the opportunity to return tothe bargaining table in about 18 months or sooner if representation issues are resolved.

Specific details and a complete explanation of the interim agreement will be released to the membership and posted atwww.go142.org following an October 1, 2010 meeting with representatives from each Flight Attendant Local Lodge.

The interim tentative agreement must be accepted by the Flight Attendant membership before taking effect. Voting isexpected to begin in mid-October. The Negotiating Committee unanimously recommends ratification of the interimagreement.

We thank the membership for the support and solidarity displayed throughout the bargaining process.

Sincerely and fraternally,

Tom HigginbothamPRESIDENT-DIRECTINGGENERAL CHAIRPERSON

Brent Thompson Brian Wozniak Ernie Dominguez Randy HatfieldGENERAL CHAIRPERSONS

Marcus Valentino Nick Ruiz Joey Guider Sheila HammondNEGOTIATING COMMITTEE MEMBERS

TH/slbcc: R. Roach, Jr.

S. PantojaT. BricknerDistrict Executive Board

opeiu #320

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October 1, 2010

Contract 2010: A Brief History

During the summer of 2009, the IAM solicited contract proposals from the membership for theimpending contract negotiations. We received an unprecedented number of over 20,000 FlightAttendant proposals. A proposal Screening Committee, comprised of elected Flight Attendant LocalLodge officers, met in Kansas City, MO to review each individual proposal. The screening committeecompiled and presented a list of proposals to the Negotiating Committee. That list of Flight Attendantproposals was used to develop the IAM’s opening contract proposal to be presented to Continental.

In September 2009, the Negotiating Committee spent a week at the IAM’s Education and TechnologyCenter in Southern Maryland to prepare for negotiations. The Committee was trained in negotiatingtactics, the Railway Labor Act, reviewing data and evaluating proposals. The Committee reviewed pastnegotiations and developed a comprehensive strategic plan for these negotiations. An online FlightAttendant bargaining survey was developed to prioritize membership bargaining issues.

On October 16, 2009, the Union sent Continental the required notice expressing its intent to amend thecurrent contract and commence negotiations in accordance with Section 6 of the Railway Labor Act.This notice meant the parties would have to meet within 60 days to exchange opening proposals.

The IAM Negotiating Committee met with the Continental on December 15, 2009 and presented thecompany a comprehensive proposal covering all sections of the agreement and items we intended toamend. Negotiation dates were scheduled for the next several months

Direct bargaining continued under the Railway Labor Act from January 2010 through May 3, 2010when an announcement was made of the merger between Continental and United Airlines. Thisannouncement immediately changed the landscape and complexion of negotiations. The NegotiatingCommittee’s attention was properly turned to protecting the wages, pensions and job security of themembership. As many Continental Flight Attendants know, mergers are never easy, and protectingour membership is the IAM’s first priority.

The Negotiating Committee reached out for further information and support from the attorneys,economists and other professional resources available to the Committee from the Grand Lodge. Wehad to develop a strategy to address Flight Attendant issues potentially impacted by the merger.

When the Union and company met in May for previously scheduled negotiations, the NegotiatingCommittee requested information on how the merger would impact Continental Flight Attendants and

Page 5: Tentative Agreement 2010 CAL

what goals the company sought to achieve in the merger. Continental presented their timetable andstated they expected operational integration in 2012.

Negotiations continued during the month of June. In July 2010 a Merger Summit was convened at theIAM’s Education & Technology Center. The Negotiating Committee, all elected Flight Attendantofficers from IAM District 142, representatives from each Flight Attendant Local Lodge coveringContinental, Continental Micronesia and ExpressJet were in attendance.

Discussions centered around how the Continental-United merger has the potential to define FlightAttendant wages and working conditions in the industry for years to come. Front and center were theimmediate issues of job security, seniority integration, pass travel, pension benefits, and Unionrepresentation.

When Negotiations resumed in August 2010, the Negotiating Committee met for two weeks ofdiscussions with the company – not only about our open contract, but also about the merger’s effect onFlight Attendants. The Negotiating Committee then began laying the ground work to secure anagreement that would guarantee Flight Attendant job security and provide immediate wage increases.

In September 2010 the Union and company held numerous negotiating sessions in pursuit of thosegoals. The Negotiating Committee felt it would be in the best interest of the membership to lock inimprovements in an interim agreement now and be in an even stronger position for the next round ofnegotiations, which will take place after representation issues are resolved, or in about 18 months,whichever is sooner.

Our mandate from the Flight Attendant group was clear: to continue to build upon one of the bestcontracts in the industry by improving your pay and flexibility, while protecting your job security andpension. We believe we have achieved these goals in a manner that builds a foundation for furtherimprovements once we are part of the world’s largest airline. The Negotiating Committee and Unionofficers will conduct informational meetings across the system and, as always, will be available in thecrew rooms to answer questions concerning this tentative interim agreement. We thank you for yoursupport during the past nine months of negotiations.

Fraternally yours,

Tom Higginbotham

PRESIDENT & DIRECTING

GENERAL CHAIRMAN

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Section Improvements

• • • •

• •

• •

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IAM/CAL Contract 2010

Base Pay Rates Effective Date:

Current 1/1/2010 (Retro)

7/1/2011 7/1/2012

1st 6 mos. $19.50 $19.99 $20.49 $20.90 2nd 6 mos. $19.50 $19.99 $20.49 $20.90 2nd year $22.78 $23.35 $23.93 $24.41 3rd year $24.06 $24.66 $25.28 $25.78 4th year $25.95 $26.60 $27.26 $27.81 5th year $27.84 $28.54 $29.25 $29.83 6th year $32.30 $33.11 $33.94 $34.61 7th year $34.32 $35.18 $36.06 $36.78 8th year $36.18 $37.08 $38.01 $38.77 9th year $37.54 $38.48 $39.44 $40.23 10th year $39.44 $40.43 $41.44 $42.27 11th year $40.65 $41.67 $42.71 $43.56 12th year $42.67 $43.74 $44.83 $45.73 13th year $44.27 $45.38 $46.51 $47.44 14th year $46.12 $47.27 $48.45 $49.42 15th year $48.15 $49.35 $50.59 $51.60 16th year $50.00 $51.25 $52.53 $53.58

Incentive Pay Rates Effective Date:

Current 1/1/2010 (Retro)

7/1/2011 7/1/2012

1st 6 mos. $24.50 $24.99 $25.49 $25.90 2nd 6 mos. $24.50 $24.99 $25.49 $25.90 2nd year $27.78 $28.35 $28.93 $29.41 3rd year $29.06 $29.66 $30.28 $30.78 4th year $30.95 $31.60 $32.26 $32.81 5th year $32.84 $33.54 $34.25 $34.83 6th year $37.30 $38.11 $38.94 $39.61 7th year $39.32 $40.18 $41.06 $41.78 8th year $41.18 $42.08 $43.01 $43.77 9th year $42.54 $43.48 $44.44 $45.23 10th year $44.44 $45.43 $46.44 $47.27 11th year $45.65 $46.67 $47.71 $48.56 12th year $47.67 $48.74 $49.83 $50.73 13th year $49.27 $50.38 $51.51 $52.44 14th year $51.12 $52.27 $53.45 $54.42 15th year $53.15 $54.35 $55.59 $56.60 16th year $55.00 $56.25 $57.53 $58.58

BT
BT
BT
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Remember to read your progress through the pay scale over and down (or down and over) depending on your DOH
BT
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Your progression is specific to you. Depending on when your anniversary falls, this example may not fit your circumstances.
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IAM/CAL Tentative Agreement September 30, 2010

Definitions 2 - 1

Section 2 - Definitions

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Definitions 2 - 2

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Definitions 2 - 3

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Definitions 2 - 4

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Definitions 2 - 5

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Compensation 4 - 1

Section 4 - Compensation

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Compensation 4 - 2

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Compensation 4 - 3

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Compensation 4 - 4

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Compensation 4 - 5

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Compensation 4 - 6

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Compensation 4 - 7

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Compensation 4 - 8

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Compensation 4 - 9

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Scheduling 5 - 1

Section 5 - Scheduling

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Scheduling 5 - 2

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Scheduling 5 - 3

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Traveling Expenses 7 - 1

Section 7 - Traveling Expenses

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Traveling Expenses 7 - 2

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Traveling Expenses 7 - 3

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Traveling Expenses 7 - 4

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Filling of Vacancies 12 - 1

Section 12 - Filling of Vacancies

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Filling of Vacancies 12 - 2

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Filling of Vacancies 12 - 3

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Filling of Vacancies 12 - 4

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Filling of Vacancies 12 - 5

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Uniforms 15 - 1

Section 15 - Uniforms

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Uniforms 15 - 2

Female Items: Male Items: Description Points Description Points

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Section 24 - Benefits

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Section 27 - Duration

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Conscientious Reporting Program LOA 6 - 1

LETTER OF AGREEMENT between

CONTINENTAL AIRLINES, INC. and

THE INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS Regarding

Conscientious Reporting Program

B.

1.

2.

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Conscientious Reporting Program LOA 6 - 2

3.

4.

5.

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Conscientious Reporting Program LOA 6 - 3

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Conscientious Reporting Program LOA 6 - 4

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February 1, 2006

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Attachment 1 Helpful Information While Out On Occupational Injury

HTA, HOS, IAH Bases

Employee ___________________________________________ #__________________ Supervisor ______________________________________ Phone___________________ Supervisor email address _____________________________ Administration / OPS Fax: 281-­553-­1681, Report new injury 1-­877-­924-­7563 Gallagher Bassett Services -­ 11200 Richmond Ave., Suite 310, Houston, TX 77082 Phone #: 281/368-­8369 Fax #: 281/368-­8317 or 800#: 800/328-­2251 Martha Hinojosa, Claims Supervisor ext. 221 E-­Mail: [email protected] Nicholea Heredia, Sr. Claims Representative ext. 228 E-­Mail: [email protected] Irma Ocampo, Sr. Clams Representative ext. 229 E-­Mail: [email protected] Cynthia Zavala, Sr. Claims Representative ext. 225 E-­Mail: [email protected] Kathleen Amyx , Claims Representative ext. 224 E-­Mail: [email protected] Marie Case, Claims Representative ext. 206 E-­Mail: [email protected] Denise Anderson, Medical Only Representative ext. 222 E-­Mail: [email protected] Any issues or problems regarding Gallagher Bassett please contact Workers Compensation & Medical Programs: EWR, NTA, NLS Ava Parker 713-­324-­5222 / [email protected] CLE, IAH, HOS, HTA, LAX -­ Karen Young 713-­324-­5361 / [email protected] fax for both is 713-­324-­2631. Ryan Price Managing Director Workers Compensation & Medical Programs 713-­324-­5699 / [email protected]. Want to see a doctor? You may go to either the Whole Health clinic or the doctor of your choice, provided the doctor is on

www.twcc.state.tx.us1-­888-­4-­TXCOMP. Please have your doctor complete a TWCC73 form.

For an absence to be considered by Gallagher Bassett, there must be 1) an exam by the treating physician and 2) an out of work note. All doctors' notes should be faxed to Gallagher Bassett and your supervisor immediately upon seeing a physician. You are respon

Gallagher Bassett. Consequently, proper payments form Continental may be delayed. Upon your release to return to work, please contact your supervisor or Kathy Hopper for the requirement/s of your return to work.

* No travel allowed while out on occupational injury without authorization from supervisor* Change for Texas Workers Compensation: Waiting period (first 7 days) will be picked up after 14 days off work by Gallagher Bassett as of September 1, 2005 How will you be paid? You will be paid 30% of wages by Continental until verified that you have returned to work or lost time exceeds 7 days. If you return to work within the first 7 days, Continental Airlines will pay 100% of wages provided hours are in your OJI bank. If you exceed the 7-­day waiting period, you will continue to receive pay at 30% from Continental. Once you exceed the 7-­day waiting period and Gallagher Bassett approves your claim, they will pay you approximately 70% of your average weekly wage up to a maximum compensation rate. If lost time is less than 14 days, you will receive the first 7 days at 100% and 30% thereafter from Continental, and Gallagher Bassett will pay 70% of their wages from day 8. If the lost time exceeds 14 or more days, will be paid 30% by Continental and 70% by Gallagher Bassett, plus the waiting period (first 7 days). Benefits paid by Gallagher Bassett are based on a 13-­week wage statement provided by Continental. Gallagher Bassett issues checks every 14 days after making the initial payment. If you do not receive payment, contact your Gallagher Bassett adjuster as soon as possible. Note: Sick bank can be used after your Occupational Injury bank runs out. You must submit your request in writing before you use all your Occupational Injury bank or become non-­paid by Continental. Please fax your request to: Gayle Schulze at 713-­324-­5429 or email at [email protected]. If you have questions on how your sick bank is paid call 1-­800-­338-­2739 prompt # 7 or local calls 713-­324-­7437 prompt # 7. If you have any questions or concerns please contact your supervisor or your Occupational Injury Coordinator: Kathy Hopper 281-­553-­2771 or [email protected]

NOTE: If this is a reoccurrence of an old Occupational Injury claim, please contact the Gallagher Bassett office where you were originally based at the time of the original injury.

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Attachment 2 Helpful Information While Out On Occupational Injury

EWR, NTA, NLS Bases

Employee ___________________________________________ #__________________ Supervisor ______________________________________ Phone___________________ Supervisor email address _____________________________7/19/2005 Administration / OPS Fax: 973-­681-­1460, Report new injury 1-­877-­924-­7563 Gallagher Bassett Services, PO Box 405, Parsippany, NJ 07054 Phone # : 973/644-­5900 Fax #: 973/644-­5914 or 800#: 800-­683-­0631 Kate Ball, WC Supervisor ext. 257 or 973/644-­5957 E-­Mail: [email protected] Clarissa Richardson, Sr. Claims Adjuster ext. 226 or 973/644-­5957 E-­Mail: [email protected] Christina Grant, Sr. Claims Adjuster ext. 210 or 973/644-­5926 E-­Mail: [email protected] Vanessa Montgomery, Sr. Claims Adjuster ext. 213 or 973/644-­5913 E-­Mail: [email protected] Krystyna Boud, Sr. Claims Adjuster ext. 256 or 973/644-­5956 E-­Mail: [email protected] Barbara Voboril, Temporary Claims Adjuster ext. 219 or 973/644-­5919E-­Mail: [email protected] Viviana Garchitorena, Med Only Representative ext. 232 or 973/644-­5932 E-­mail: [email protected] Any issues or problems regarding Gallagher Bassett please contact Workers Compensation & Medical Programs: EWR, NTA, NLS Ava Parker 713-­324-­5222 / [email protected] CLE, IAH, HOS, HTA, LAX -­ Karen Young 713-­324-­5361 / [email protected] fax for both is 713-­324-­2631. Ryan Price Managing Director Workers Compensation & Medical Programs 713-­324-­5699 / [email protected]. Want to see a doctor? Keep in mind that the state of New Jersey directs your care;; therefore, you are limited as to what doctor you can see. You must go to the Whole Health clinic or contact Gallagher Bassett for alternative care. If you live out of state, contact Gallagher Bassett for assistance on a physician in your area. Per New Jersey statute you are not able to use your own doctor for Occupational Injury.

For an absence to be considered by Gallagher Bassett, there must be 1) an exam by the authorized treating physician and 2) an out of work note. All doctors' notes should be faxed to Gallagher Bassett and your supervisor immediately upon seeing a physician. You are responsible for making sure your supervisor is notified of your status

. timely manner will delay benefits or create overpayments from Gallagher Bassett. Consequently, proper payments from Continental may be delayed. Upon your release to return to work, please contact your supervisor for the requirement/s of your return to work. * No travel allowed while out on occupational injury without authorization from supervisor How will you be paid? You will be paid 30% of wages by Continental until verified that you have returned to work or lost time exceeds 7 days. If you return to work within the first 7 days, Continental Airlines will pay 100% of wages provided hours are in your OJI bank. If you exceed the 7-­day waiting period, you will continue to receive pay at 30% from Continental Airlines. If you exceed the 7-­day waiting period and Gallagher Bassett approves your claim, they will pay you approximately 70% of your average weekly wage up to a maximum compensation rate. Benefits paid by Gallagher Bassett are based on the last 26-­weeks prior to injury and Continental provides the wage statement. Gallagher Bassett issues checks every 14 days after making the initial payment. If you do not receive payment, contact your Gallagher Bassett adjuster as soon as possible. Note: Sick bank can be used after your Occupational Injury bank runs out. You must submit your request in writing before you use all your Occupational Injury bank or become non-­paid by Continental. Please fax your request to: Gayle Schulze at 713-­324-­5429 or email at [email protected]. If you have questions on how your sick bank is paid call 1-­800-­338-­2739 prompt # 7 or local calls 713324-­7437 prompt # 7. If you have any questions or concerns, please contact your supervisor or your coordinator.

NOTE: If this is a reoccurrence of an old Occupational Injury claim, please contact the Gallagher Basse tt office where you were originally based at the time of the original injury.

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Attachment 3 Helpful Information While Out On Occupational Injury

CLE Bases

Employee ___________________________________________ #__________________ Supervisor ______________________________________ Phone___________________ Supervisor email address _____________________________ Administration / OPS Fax: 216-­501-­4097, Report new injury 1-­877-­924-­7563 Medical bills need to be sent to Gallagher Bassett Services PO Box 23812, Tucson, AZ 85734 Gallagher Bassett Services -­ (Columbus) The Preserve 5450 Frantz Rd. Suite 220, Dublin, OH 43016 Phone: 614/764-­7616 Fax #: 614/764-­8872 OR 800 #: 800/416-­1826 Pam Highley, Claim Supervisor ext. 220 E-­Mail: [email protected] Patricia Mason, Claim Representative ext. 230 Ohio Self-­Insured Claims E-­Mail: [email protected] Brenda Whiting, Claims Representative ext. 224 Ohio State Funded Claims E-­Mail: [email protected] Kimberly Yoder, Medical Only Representative ext. 250 E-­mail: [email protected] Pamela Achee, Medical Only Representative ext. 225 Ohio State Funded Claims E-­mail: Pamela [email protected] Workers Compensation & Medical Programs CLE 1-­800-­OHIO BWC. You can also access www.ohiobwc.com Any issues or problems regarding Gallagher Bassett please contact Workers Compensation & Medical Programs: EWR, NTA, NLS Ava Parker 713-­324-­5222 / [email protected] CLE, IAH, HOS, HTA, LAX -­ Karen Young 713-­324-­5361 / [email protected] fax for both is 713-­324-­2631. Ryan Price Managing Director Workers Compensation & Medical Programs 713-­324-­5699 / [email protected]. Want to see a doctor? In Ohio you have free choice of physicians. If the physician is not a Bureau certified doctor, you could be responsible for payment of the medical bills. The MCO (Managed Care Organization) will guide you to Gallagher Bassett certified doctors. Employees may contact the Gallagher Bassett office for payment information at 1-­800-­416-­1826.

For an absence to be considered by Gallagher Bassett, there must be 1) an exam by the treating physician and 2) an out of work note. All doctors' notes should be faxed to Gallagher Bassett and your supervisor immediately upon seeing a physician. You are responsible for making sure your supervisor is notified of your status

timely manner will delay benefits or create overpayments from Gallagher Bassett. Consequently, proper payments from Continental may be delayed. Upon your release to return to work, please contact your supervisor for the requirement/s of your return to work. * No travel allowed while out on occupational injury without authorization from supervisor How will you be paid? You will be paid 30% of wages by Continental until verified that you have returned to work or lost time exceeds 7 days. If you return to work within the first 7 days, Continental will pay 100% of wages provided hours are in your OJI bank. If you are out less than 14 days, you will receive 100% for the first 7 days and 30% for every missed trip thereafter from Continental. The Gallagher Bassett will pay from day 8 at approximately 72% . If you are out over 14 days, you will be paid 30% from Continental and approximately 72% from the first day of lost time for the first 12 weeks. If lost time exceeds 12 weeks, you will be paid approximately 66 2/3% from week 13 by Gallagher Bassett. Benefits paid by Gallagher Bassett are based on a 52-­week wage statement provided by Continental. Gallagher Bassett issues checks every 14 days after making the initial payment. If you do not receive payment, contact your Gallagher Bassett adjuster as soon as possible. Note: Sick bank can be used after your Occupational Injury bank runs out. You must submit your request in writing before you use all your Occupational Injury bank or become non-­paid by Continental. Please fax your request to: Gayle Schulze at 713-­324-­5429 or email at [email protected]. If you have questions on how your sick bank is paid call 1-­800-­338-­2739 prompt # 7 or local calls 713-­324-­7437 prompt # 7. If you have any questions or concerns, please contact your supervisor. NOTE: If this is a reoccurrence of an old Occupational Injury claim, please contact the Gallagher Bassett office where you were originally based at the time of the original injury.

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LETTER OF AGREEMENT between

CONTINENTAL AIRLINES, INC. and

THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS

Regarding Pension

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INTERIM AGREEMENT Between

Continental Airlines, Inc. and the Flight Attendants represented by the

International Association of Machinists and Aerospace Workers

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