D. Scope
1. This Agreement covers the company, any subsidiary of the
company, the company’s parent, any subsidiary of the
company’s parent and any future airline certificate(s) created as
a subsidiary of the company or subsidiary of the company’s
parent.
2. Except as otherwise provided in this Agreement, all present and
future flying (including that international flying which originates
or terminates within the United States or its possessions) and all
charters, ferry flights (not including ferry flights of newly acquired
aircraft prior to being placed in revenue service),
training flights, test flights, (except test flights assigned to
management), or other utilization of aircraft owned or leased by
the company, the company’s parent or any subsidiary of the
company or subsidiary of the company’s parent shall be
performed by pilots on the Chautauqua Airlines Pilots’ System
Seniority List in accordance with the terms and conditions of this
Agreement or any other applicable agreement between the
company, the company’s parent or any subsidiary of the
company’s parent and the International Brotherhood of
Teamsters, Airline Division.
3. The Company, Subsidiary of the Company, the Company’s
Parent or Subsidiary of the Parent shall not establish any new
airline (alter ego or otherwise) or acquire a controlling interest in
any carrier whether directly or through the Parent or another
Subsidiary of the Parent, and maintain it as a separate carrier.
A “Controlling Interest” or “Control” means the ownership of an
equity interest representing more than fifty percent (50%) of the
outstanding capital stock of an entity or voting securities
representing more than fifty percent (50%) of the total voting
power of outstanding securities then entitled to vote generally in
the election of such entity’s board of directors or other governing
body.
4. The Company will not transfer aircraft, or operating authority to
its Parent, a Subsidiary of the Parent, or to a Subsidiary of the
Company for the purpose of evading the terms of this
Agreement. The Company will also not establish a third party
leasing device to evade the terms of this agreement.
