DRAGONAIR

PILOTS ASSOCIATION

RULEBOOK

APRIL 2002

INDEX

RULE 1 Name and Office

RULE 2 Objects

RULE 3 Membership & Subscriptions

RULE 4 Constitution & Government

RULE 5 AGM and Extraordinary GM

RULE 6 Elections & Secret Ballot

RULE 7 Executive Committee

RULE 8 Office Holders

RULE 9 Use Of Funds

RULE 10 Financial Year

RULE 11 Levies

RULE 12 Auditors

RULE 13 Inspection of Books

RULE 14 Trade Disputes

RULE 15 Legal Advice or Assistance

RULE 16 Educational Work

RULE 17 Rules of Conduct At Meetings

RULE 18 Rulebook

RULE 19 Policy Manual

RULE 20 Dissolution Of the Association

RULE 21 Common Seal & Contract

RULE 22 Definitions

CHAPTER 2 SENIORITY POLICY

CHAPTER 3 ROSTERING GUIDELINES

CHAPTER 4 WET LEASE POLICY

CHAPTER 5 GRIEVANCE POLICY

CHAPTER 1 RULES

April 2002

RULE 1 NAME AND OFFICE

1.1 The name of the Union shall be DRAGONAIR PILOTS ASSOCIATION (hereinafter referred to as the Association).

Address 1.2 The registered office and postal address of the Association shall be at 5/F Daily House, 35 Haiphong Road, Tsim Sha Tsui, Hong Kong or such other place as may be decided upon by the Executive Committee.

RULE 2 OBJECTS

Objects The objects of the Association shall be as follows:

2.1 To protect and further the interests of the Aircrew Profession and simultaneously to safeguard or improve the interests and rights of A, B and F Scale Members. All references to Members or members hereinafter shall include A, B and F Scale Members unless otherwise specified.

2.2 To make any lawful action deemed desirable for the benefit and advancement of Members and their families.

2.3 To take any lawful action deemed desirable to further the interests of commercial aviation.

2.4 To regulate the relations between Members and their employers.

2.5 To do all such other lawful things as are incidental or conducive to the attainment of any or all of the above objects.

RULE 3 MEMBERSHIP AND SUBSCRIPTIONS

Qualifications 3.1 (a) The Association is open for membership to all persons employed by Hong Kong Dragon Airlines Limited (hereinafter referred to as Dragonair) and Hong Kong Flight Crew Services Limited (hereinafter referred to as HKFCS), a wholly owned Hong Kong based subsidiary of Dragonair, as Pilots or Flight Engineers. For the avoidance of doubt, A Scale Members are defined as those Hong Kong based members who joined Dragonair on or before 31st December 1991; B Scale Members are defined as those Hong Kong based members who joined Dragonair on or after 1st January 1992 and F Scale Members are defined as employees of HKFCS temporarily involved in non-mainstream Hong Kong operations whose conditions of service have been altered transiently. All financial members are voting members of the Association. However members of one Scale group shall be excluded from voting in General Meetings on issues specifically affecting the Conditions of Service of another Scale Group.

Associate (b) (i) A locally employed member who takes advantage of paragraph 3.2 (a) to defer his annual subscription shall be termed an associate member and shall not have the right to vote but may participate in the benefits provided by the Association.

(a) (ii) Associate Class A members of the Association shall be persons qualified under rule 3.1 (a), but due to their holding individual temporary contracts with Dragonair, they are excluded from voting on issues affecting the Conditions Of Service of permanent contract members at Annual and Extraordinary General Meetings. They shall have the right to vote for any other purposes and participate in the benefits provided by the Association.

Honorary (c) A voting member who retires from Dragonair on account of age or illhealth (but not on any other grounds) may, subject to the decision of the Executive Committee, be appointed an honorary member who shall not have the right to vote but may participate in the benefits provided by the Association.

Admission (d) An applicant for membership of the Association shall fill in an application form in the first instance. When the application is approved by the Executive Committee, he shall pay the fee and subscription, obtain a membership certificate and become a member of the Association.. Any omission from or inaccuracy or misrepresentation in the particulars relating to the applicant shall render his admission voidable at the discretion of the Executive Committee.

Fees & Subs 3.2 (a) The entrance fee to the Association shall be $100 per person. The yearly subscription per person shall be 1% of basic salary paid on the first of January each year based on rank and seniority and paid by cheque. The yearly subscription for locally employed pilots shall be waived until their appointment as first officer.

Honorary (b) An honorary member shall not be required to pay yearly subscriptions but shall continue to pay any other levies as may be decided by the Executive Committee.

Alteration 3.3 The General Meeting of the Association shall be the sole authority to alter any fees, subscriptions and contributions.

Reduction 3.4 The Executive Committee is empowered, if the Association's financial position permits, to reduce the annual subscription of unemployed members or to exempt such members from payment of the subscriptions, provided that no member shall be exempted from any payment of subscriptions for any period exceeding six months. However, unemployed members shall be required to pay any other levies as may be decided by the Executive Committee.

Not in trade 3.5 (a) A member, except an honorary member, who has left Dragonair or is employed permanently in a different trade, industry or occupation shall cease to be a member.

Temporary (b) An unemployed member who has found temporary work in a different trade, industry or occupation may be permitted to retain his membership up to a maximum period of six months after obtaining the new job.

No refund (c) When a person withdraws voluntarily from membership or is dismissed from the Association, all fees and subscriptions previously paid by him shall not be refunded.

Rule breaking 3.6 All members must abide by the rules and decisions of the Association. Any member breaking the rules of the Association is liable to disciplinary action or expulsion by the Executive Committee (see Rule 7.8). Any member disciplined or expelled may appeal to the General Meeting.

Arrears 3.7 A member who is more than one month in subscriptions arrears of either subscriptions contributions or any other levies shall not be a qualified member. He shall not be entitled to the rights and benefits provided by the Association and shall not be entitled to vote on any matter of the Association. A member who is more than two months in arrears with such subscriptions, contributions or levies shall cease to be a member, but he may be reinstated at the discretion of the Executive Committee on payment of all arrears. However, he may only resume his entitlement to the rights and benefits one day after the settlement of the arrears.

Complaints 3.8 Any member who is not satisfied with the business of the Association, may lodge his complaint with the Executive Committee in writing. The Executive Committee shall not turn down such complaint in any circumstances prior to a decision being made and shall summon the complainant to make an account of the matter. The Executive Committee shall be required to give a reply in writing within 30 days when it considers that such complaint is not acceptable. The member may appeal to the General Meeting if he considers that the Executive Committee has no ground to turn down his complaint.

RULE 4 CONSTITUTION AND GOVERNMENT

Government 4. The supreme authority of the Association shall be vested in the General Meeting and subject to this authority the Association shall be governed by the Executive Committee.

RULE 5 ANNUAL GENERAL MEETING AND EXTRAORDINARY GENERAL MEETING

AGM Date 5.1 The Annual General Meeting of Members will be held not earlier than March, and not later than June every year.

Ex. GM 5.2 An Extraordinary General Meeting of members may be called by the Executive Committee or at the request of not less than one fifth of the total number of qualified members of the Association. On receipt of a request from members in writing, the Executive Committee shall arrange to call an Extraordinary General Meeting within one week thereof.

Conduct 5.3 All General Meetings of the Association shall be conducted in accordance with the procedure laid down in this Rule. At any time that the Chairman of the Meeting shall so decide the strict rules of Debate laid down in Rule 17 shall apply.

Attendance 5.4 (a) All qualified members shall be entitled to attend the General Meeting of members.

Voting (b) Only voting members shall be entitled to vote at the General Meeting of Members.

Business 5.5 The business of the Annual General Meeting of members shall be:

(a) to confirm the minutes of the previous Annual General Meeting of members and of any intervening Extraordinary General Meeting of members;

(b) to consider reports from the Executive Committee and to plan policy and the work for the future;

(c) to consider and approve the statement of accounts for the previous financial year together with the report on the audit of accounts of the Association;

(d) to elect by secret ballot members of the Executive Committee;

(e) to appoint or elect an auditor or auditors;

(f) to consider any other business of the Association.

Alterations 5.6 The General Meeting shall be the sole authority to make, alter, amend or rescind any of these rules provided that no rules providing for any matters specified in the Second Schedule to the Trade Unions Ordinance may be rescinded.

Agenda 5.7 The Secretary, on the instructions of the Executive Committee, shall

& Notice prepare the agenda of the General Meeting and shall make them known to the qualified members in such a manner as the Executive Committee may decide. No less than 14 days notice shall be given and an agenda shall be sent to every qualified member for calling the meeting.

EGM Business 5.8 The business of the Extraordinary General Meeting of members shall be confined to those matters specified in the agenda. Decisions reached at the Extraordinary General Meeting shall have the same validity and authority as decisions reached at the Annual General Meeting provided that, where any alteration of the rules of the Association is contemplated, such proposed alteration shall be specifically stated in the agenda of the meeting.

Quorum 5.9 The quorum for any General Meeting shall be formed by not less than 20% of the total voting members. With the exception of those matters regarding change in the name of the Association, federation or amalgamation with other trade unions and any other matters for which requisite votes are prescribed by the Trade Unions Ordinance or by the rules of the Association all decisions of the General Meeting shall be valid if they are made by a majority of votes of all voting members present constituting a quorum.

Adjourned GM 5.10 If within one hour from the time appointed for a General Meeting, the number of voting members present at the meeting is insufficient to constitute a quorum, the Executive Committee shall adjourn the meeting for seven days .

The Secretary shall send the notice for calling the adjourned meeting and the agenda to each qualified member at least three days prior to the meeting. At that meeting a quorum shall be formed by whatever number of voting members being present. With the exception of those matters regarding change in the name of the Association, federation or amalgamation with other trade unions and any other matters for which requisite votes are prescribed by the Trade Unions Ordinance or by the rules of the Association, all decisions of the adjourned meeting shall be valid if they are made by a majority of votes of all voting members present at the meeting. These decisions shall be binding on all members. However, the notice for the adjourned meeting shall specify in detail the provision of this rule for the reference of all members. In case the meeting is convened at the request of qualified members under Rule 5.2 and the number of voting members present within one hour from the time appointed for the General Meeting is insufficient to constitute a quorum, the meeting shall be called off and no adjournment shall be made.

Omission 5.11 Accidental failure or omission to give any one or more Members notice of a General Meeting, or the accidental giving of notice of a General Meeting to a Member not entitled to notice of that meeting, shall not invalidate the proceedings of that meeting.

RULE 6 ELECTIONS AND SECRET BALLOT

Secret Ballot 6.1 All elections or other matters for decision by secret ballot at the General Meeting shall be held under the authority of the Executive Committee or a SubCommittee appointed specifically for the purpose by the Executive Committee.

Matters decided 6.2 All decisions in respect of the following items shall be taken by secret ballot:

(a) election of members and officeholders of the Executive Committee;

(b) change in the name of the Association

Issue of Forms 6.3 The Secretary or Sub-Committee appointed by the Executive Committee for the purpose of election or voting work shall be responsible to issue ballot forms and shall issue them only to voting members.

Manner 6.4 All ballot forms must not be signed by the voters who mark or inscribe them and must be placed in the sealed ballot box provided by the Executive Committee. The Executive Committee or the Sub-Committee may appoint voting members to supervise and safeguard the ballot box.

Scrutineers 6.5 Scrutineers shall be elected at the General Meeting from among the voting members. They shall be responsible to the Executive Committee or the Sub-Committee for collecting the ballot box and counting and checking the votes.

RULE 7 EXECUTIVE COMMITTEE

Government 7.1 The government of the Association and the conduct of its business shall be vested in the Executive Committee.

Composition 7.2 The Executive Committee shall consist of eight members. They shall be elected from among voting members by secret ballot at the Annual General Meeting. Providing there are sufficient applicants from A Scale and B Scale for election to the Executive Committee, the proportion of A Scale and B Scale members on the Executive Committee must directly reflect the proportion of A Scale and B Scale membership. This proportion of A Scale and B Scale members on the Executive Committee will be rounded up to the benefit of the minority scale. The elected members of the Executive Committee shall within 28 days after the Annual General Meeting elect among themselves by secret ballot a President, a Vice-President, a Secretary and a Treasurer. All Executive Committee members shall serve for a term of one year and shall be eligible for re-election. A list of all the officers and their office titles shall be displayed at the registered office of the Association.

Quorum 7.3 The Executive Committee shall meet at least once every three months. Over half of the total number of members of the Committee shall form a quorum. With the exception of amalgamation with other trade unions and any other matters for which requisite votes are prescribed by the Trade Unions Ordinance or by the rules of the Association, all decisions of the Executive Committee shall be valid if they are made by a majority of votes of all those members of the Committee present constituting a quorum.

Vacancies 7.4 In the event of death, resignation or dismissal of any member of the Executive Committee between two Annual General Meetings or when, during such period, any Executive Committee member is unavoidably absent from Hong Kong and such absence is likely to be permanent or unduly prolonged, the vacancy shall be filled by the candidate who secured the next highest number of votes at the last Annual General Meeting. In the absence of such candidate, the Executive Committee shall within one month after the vacancy has occurred convene an Extraordinary General Meeting to elect a replacement. If the Executive Committee member vacating office was concurrently an office-holder, the vacant office shall be filled from among all the Executive Committee members by secret ballot. Any resultant vacancies for office-holders shall be filled in the same manner as aforesaid.

Protection 7.5 The Executive Committee shall pursue the objects of the Association

of funds and shall protect its funds against extravagance or misappropriation. It may give instructions as to the investment of the funds of the Association subject to Rule 9.3

Sub 7.6 The Executive Committee shall give instructions to the Secretary and

Committees other office-holders for the conduct of the affairs of the Association. It may appoint paid staff and may dismiss them for reasons deemed good and sufficient in the interests of the Association. It may appoint Sub-Committees to carry out the routine or special work of the Association and may dissolve them.

Suspension 7.7 The Executive Committee may suspend or dismiss any member of the

of Officers Executive Committee for neglect of duty, dishonesty, incompetence, refusal to carry out the decisions of the General Meeting and of the Executive Committee, or for any other reason deemed good and sufficient in the interests of the Association. Any member of the Executive Committee suspended or dismissed may appeal to the General Meeting.

Discipline 7.8 The Executive Committee may give a warning to, or discipline, or expel, from the Association, any member who is proved to its satisfaction to have been guilty of conduct prejudicial to the interests of the Association. Any member warned, disciplined or expelled may appeal to the General Meeting.

Decisions 7.9 Subject to Rule 7.3 and the overriding authority of the General Meeting, all decisions of the Executive Committee shall be binding on all members of the Association.

Interpretation 7.10 The Executive Committee shall interpret the rules, determine any points which the rules do not adequately cover, and propose alterations to the General Meeting for approval.

Branches 7.11 With the approval of the General Meeting the Executive Committee may establish branches of the Association. (Specific rules governing branch affairs shall be made before a branch is established.)

Handing over 7.12 Whenever there is a change of officers in the Executive Committee, arrangements for handing/taking over of duties and documents shall be made within one month of the change. A certificate to this effect shall be signed by the outgoing and the incoming officers for the record of the Executive Committee.

RULE 8 OFFICE HOLDERS OF THE ASSOCIATION

Duties of 8.1 (a) The President shall preside at General Meetings and

President Committee Meetings and shall be responsible for the proper conduct of business of such meetings. He shall have a casting vote. He shall sign the minutes of each meeting after they are approved.

(b) With the assistance of the Secretary and the Treasurer he shall superintend the general administration of the Association and shall ensure the observance of the Association rules by all members.

(c) He shall, in conjunction with the Secretary or the Treasurer, countersign every document of the Association to which the common seal of the Association is affixed as provided under Rule 21.2:

(d) He shall, in conjunction with the Treasurer sign cheques or cash withdrawal forms on behalf of the Association .

Duties of the 8.2 The Vice-President shall carry out his duties as defined by the

Vice-President Executive Committee. In the absence of the President he shall deputise until the President returns or until the vacancy is filled in accordance with the provision of Rule 7.4

Duties of the 8.3 (a) The Secretary shall conduct the business of the Association in

Secretary accordance with the rules and shall carry out the instructions of the General Meeting and of the Executive.

(b) He shall keep the common seal of the Association in safe custody.

(d) He shall attend all meetings of the Association and shall record the proceedings of the meetings.

(e) He shall prepare the Annual Report of the Association for submission to the Annual General Meeting and any other reports necessary for Extraordinary General Meetings.

(f) He shall, in conjunction with the President, countersign any document of the Association to which the common seal of the Association is affixed as provided under Rule 21.2.

(g) He shall, in conjunction with the Treasurer, sign cheques or cash withdrawal forms on behalf of the Association.

Duties of the 8.4 (a) The Treasurer shall be responsible for the safety of all

Treasurer moneys and the safeguarding of all investments belonging to the Association and shall keep full and accurate books and accounts with respect to all transactions conducted in the name of the Association and maintain proper records of the Association's assets and liabilities. He shall establish and maintain a satisfactory system of control of accounting and transactions records. He shall prepare a financial statement for each meeting of the Executive Committee and shall, as soon after the close of each financial year as possible, prepare an annual statement of accounts to be audited by the auditor for presentation to the Annual General Meeting. He shall have the right to speak and to vote on all matters except financial matters. He shall forward the audited annual statement of accounts to the Registrar of Trade Unions within three months after the closing of the financial year.

(b) He shall, in conjunction with the President, countersign any document of the Association to which the common seal of the Association is affixed as provided under Rule 21.2.

(c) He shall give free of charge to every qualified member upon request an audited annual statement of accounts of all the receipts and expenditures and of the assets and liabilities of the Association.

(d) He shall, in conjunction with the President or the Secretary, sign cheques or cash withdrawal forms on behalf of the Association.

(e) He shall not keep cash in excess of $1000 and shall deposit all other sums of money in a bank account opened in the name of the Association and appointed by the Executive Committee.

Compensation 8.5 Any officer whose duties call for fulltime services for the Association may be compensated for loss of hours of work or wages as may be decided by the Executive Committee.

Financial 8.6 Any officer whose duties involve financial responsibility shall

security provide such security as the Executive Committee may require.

RULE 9 USE OF FUNDS

Composition 9.1 The funds of the Association shall consist of the General Fund.

Use 9.2 The General Fund may be used with the authority of the Executive Committee only for the following purpose:

(a) the payment to officers and stall of the Association of salaries, allowances and expenses in dealing with the affairs of the Association;

(b) the payment of expenses for the administration of the Association including audit of the accounts of the funds of the Association;

(c) the prosecution or defence of any legal proceeding to which the Association or any member is a party to when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the Association as such or any rights arising out of the relations of any member with his employer:

(d) the conduct of trade disputes on behalf of the Association or any member;

(e) the compensation of members for loss arising out of trade disputes;

(f) the payment of subscriptions, fees contributions or donations to registered trade unions or other lawful associations or combinations established within Hong Kong;

(g) the payment of fines imposed on the Association for any offence of which it is convicted under the Trade Unions Ordinance or any other ordinances;

(h) the payment for any other lawful purposes approved at the General Meeting.

Investment of 9.3 (a) The funds of the Association, which are not required for

funds current expenses may be invested in bonds, securities or property and in such manner as may from time to time be determined by the voting members at a General Meeting;

(b) Subject to the approval of a General Meeting, the Executive Committee may, if necessary, acquire any property of the Association through mortgage loans from any bank.

RULE 10 FINANCIAL YEAR

Financial 10. The financial year of the Association shall commence on the first day

year of January each year and terminate on the last day of December of the same year.

RULE 10 LEVIES

Imposition 11. The Executive Committee may, for the purpose of providing further

of levy benefits for members or of operating a special project, impose a levy upon all members. If members object to payment of such levy they may refer the matter to the General Meeting. Before a decision is reached at the General Meeting, members shall be required to pay the levy within the time limit specified in the notice. Any arrears of levy shall be treated as arrears of subscription under Rule 3.7.

RULE 12 AUDITORS

Auditors need 12.1 One or more auditors, who need not be members of the Association,

not be members shall be appointed or elected at the Annual General Meeting. His appointment is subject to the approval of the Registrar of Trade Unions. He shall serve for a term of one year and be eligible for re-appointment or re-election.

Vacancy of 12.2 In the event of an auditor vacating his office between two Annual

auditor General Meetings, the Executive Committee shall have the power to appoint a suitable person to fill the vacancy. The appointment will be referred to at the next General Meeting for covering approval.

Audit of 12.3 The auditor shall audit all the accounts of the Association including

accounts those of the General Fund, and any subsidiary accounts, as soon as possible after the close of each financial year and at other times when necessary. He shall examine all books and accounts of the Association, certify as to their correctness or otherwise and make a report to the Annual General Meeting and to the Registrar of Trade Unions.

Display of 12.4 A copy of the auditor's report shall be conspicuously displayed at the

report registered office of the Association.

RULE 13 INSPECTION OF BOOKS

Inspection 13 Any qualified member or his authorised agent shall be allowed to inspect the Association's account books, original copy of registered rules and register of members. An application to this effect must be made in advance to the Secretary or the Treasurer, who shall be allowed reasonable time to make the necessary documents available.

RULE 14 TRADE DISPUTES

Industrial 14.1 When a trade dispute arises the members concerned action shall

action inform the Secretary who shall immediately report it to the Executive Committee. In no case shall a stoppage of work take place or be threatened to take place without the sanction of the General Meeting.

Better 14.2 Should any branch or body of members of the Association desire steps

conditions to be taken for an increase of wages or for better conditions of employment, the Secretary shall report it to the Executive Committee which shall make proposals to the General Meeting for decision on what action to be taken.

RULE 15 LEGAL ADVICE OR ASSISTANCE

Legal advice 15. In pursuance of the objects of the Association the Executive Committee shall have power to provide legal advice or assistance to any qualified member on any matter connected with the prosecution or defence undertaken for the purpose of securing or protecting any rights arising out of the relations of the member with his employer, provided that the Executive Committee is satisfied that the case merits legal advice or assistance.

RULE 16 EDUCATIONAL WORK

Education 16. The Association may undertake the education of its members through meetings, classes or a periodical bulletin reporting the activities of the Association. It may publish literature and take such other action as will promote professional, industrial, cultural and social knowledge of its members.

RULE 17 RULES OF CONDUCT OF MEETINGS

Chair at 17.1 The President elected under Rule 7.2 shall take the chair at every

meetings meeting of the Association at which he is present, or in his absence the Vice-President. If the meeting be that of a Sub-Committee then in the absence of the President or Vice-President the Chairman of the Sub-Committee shall take the chair. In the absence of the President, Vice-President or Sub-Committee Chairman, as applicable, at fifteen minutes past the time fixed for the holding of the meeting then the Full Members present and entitled to vote at that meeting shall elect a temporary chairman for the meeting. Nothing in this rule shall be construed in such a way as to deny the chair to the President, Vice-President or Sub-Committee Chairman, as applicable, if he should later attend the meeting.

Opening of 17.2 The Chairman shall call on the first business promptly at the time fixed for the Meeting or as soon as a quorum is present.

Preservation 17.3 The Chairman shall preserve order so that business may be conducted with propriety and despatch, and to ensure that all speakers may be heard and may express their views without interruption.

Free 17.4 At his discretion the Chairman may permit free discussion or apply the

discussion strict rules of debate as laid down in this rule.

No Quorum 17.5 Should there not be sufficient members present to form a quorum for a meeting within one hour of the time fixed for the holding of the meeting, the Chairman shall declare the meeting void and the members in attendance shall disperse.

Right to Vote 17.6 Only voting members of the Association shall be entitled to speak and to vote at any meeting of the Association, and/or move and second motions and amendments. Any member whose right to speak and or vote is challenged shall not speak and/or vote until the Chairman is satisfied that he is entitled to speak and/or vote.

Proxy Votes 17.7 Any member entitled to vote and absent from the meeting may delegate his voting powers to any other voting member present providing that no member shall hold more than four such proxy votes.

Right to speak 17.8 A member desiring to speak shall rise and address the Chairman. If two or more members arise at the same time the Chairman shall call upon the one who, in his opinion, rose first.

17.9 A member shall not speak more than once upon any question before the Meeting (including the original motion and any amendment being discussed) except:

(a) In reply as to the mover of the original motion;

(b) In explanation or correction of some matter raised in the debate;

(d) Upon a resolution being carried to give him the right to be heard.

17.10 A member shall not be held to have spoken if he merely says "I second the motion" or "I second the amendment" as the case may be.

17.11 Not more than two members shall be allowed to speak in succession in support of a motion or amendment or against a motion or amendment. If at the conclusion of the second speaker's remarks no member rises to express a contrary view the motion or amendment shall at once be put to the vote, provided that the mover of the original motion shall have the right to reply.

17.12 No member shall speak for longer than five minutes on any one motion or amendment unless the Meeting by a majority vote grants him an extension of time.

17.13 No member shall interrupt another while speaking, except to raise a point of order, and he shall definitely state the point, which shall be decided by the Chairman without debate.

17.14 If a point of order is raised whilst a member is speaking, he shall cease until the point of order has been decided. If it is decided the point of order is not valid, he may proceed.

17.15 A member rising to a point of order or to make an explanation shall not speak for longer than two minutes in either case.

17.16 Any member speaking shall at once resume his seat if the Chairman rises to speak or if a point of order is raised, and the member shall not continue his speech until the point of order has been decided.

17.17 No member shall be allowed to speak to any question after it has been decided by the meeting or while a vote on that question is being taken.

17.18 All motions shall be of an affirmative character. At the request of any three members the mover of a motion shall be required to reduce it to writing.

17.19 All motions shall be duly proposed and seconded. A proposer in presenting a motion shall at that time state his case for the motion and Chairman shall ask "Who seconds the motion?"

17.20 Discussion on a motion shall not be allowed until the motion has been seconded. Should there be no seconder for a motion it shall thereupon lapse and the next business shall be taken

17.21 A motion may be seconded "pro forma". In that case the seconder may reserve the right to speak later and he shall not be pledged to support the motion.

17.22 The mover may claim the vote of the seconder of a motion unless the seconder explains before the vote is taken that discussion has convinced him that the proposition is unsound or undesirable.

17.23 A motion may not be withdrawn without the consent of the mover and the seconder and/or without the consent of the meeting.

17.24 The Chairman shall have the right to refuse a motion which, in his opinion, is not in accordance with the Rules and Objects of the Association or with the purpose of the meeting.

17.25 The meeting may amend or defer a motion until a decision is arrived at:

(a) By striking out certain words;

(b) By adding certain words;

17.26 A motion may be superseded at any time by the meeting resolving:

(a) To close the debate on that question;

(b) To adjourn the debate;

(d) To proceed to the next business;

(e) To adjourn the meeting.

17.27 The mover of the motion shall have the right to reply before a vote is taken on the motion. He shall be allowed five minutes to reply.

17.28 All questions, unless otherwise provided, shall be decided as a majority vote may direct.

17.29 Order of precedence of motions:

(a) To adjourn;

(b) A motion that the question be now put;

(d) A motion to refer the matter to a Committee or SubCommittee for investigation and report;

(e) A motion to postpone the matter to a later specified meeting;

(f) A motion that the matter lie on the table;

(g) A vote of no confidence.

Amendments 17.30 All amendments shall be duly proposed and seconded. At the request of any three members the move of an amendment shall be required to reduce it to writing.

17.31 Discussion on an amendment shall not be allowed until the amendment is seconded. An amendment shall lapse unless a seconder is forthcoming immediately after the mover has presented his case for the amendment.

17.32 An amendment must be relevant to the subject matter of the motion. An amendment that is a direct negative of the motion shall be out of order.

17.33 On the amendment being carried its proposer becomes the proposer of the substantive motion and may reply before that is put.

17.34 An amendment may alter the motion by:

(a) Adding certain words;

(b) Deleting certain words;

(d) Expressing the intention of the motion in different language;

(e) Proposing a different course of action.

17.35 When any amendment is agreed to it shall take the place of the original motion and as the motion it may then be amended or altered until a final decision is achieved.

17.36 Any number of amendment to a motion may be proposed but only one amendment at a time shall be discussed. Notice of any further amendment shall be given in writing to the Chairman who shall read them aloud as they are received . When the first amendment has been disposed of, either by rejection or by it becoming the motion, the other amendments shall be discussed and voted on in the order in which they are received.

17.37 An amendment may not be withdrawn without the consent of the seconder or without the consent of the meeting.

17.38 The proposer of an amendment shall not have the right of reply before a vote is taken on the amendment.

17.39 At any time during a debate it shall be competent for any member to move "the previous question". If the previous question is carried, discussion on the original motion and any amendments to that motion shall thereupon cease and no vote shall be taken upon it. If the previous question be not carried, the discussion shall continue .

Closure Motion 17.40 At any time during a debate a member may move "That the question shall not be put".

17.41 A closure motion shall take precedence over the question before the Meeting and when seconded it shall be decided forthwith, without discussion.

17.42 Should a closure motion be carried the mover of the original motion (or the mover of an amendment that has become the motion and to which another amendment has been proposed) has the right of reply before the vote is taken.

Chairman's 17.43 (a) A motion to disagree with a ruling by the Chairman shall be

Ruling duly proposed and seconded. The mover shall state his reasons for the motion and only he shall speak to the motion. The Chairman may explain his reasons for the ruling given and the motion shall then be put to the meeting for decision.

(b) Notwithstanding that if the Chairman shall quote a section of these Rules or a section of the Trade Unions Ordinance in support of his Ruling then such Ruling shall stand.

(c) In the event of a Member disagreeing with the interpretation placed upon the Rules or the Trade Unions Ordinance by the Chairman then he may propose a motion to disagree as in (a) and the motion is carried them the Chairman shall subsequently apply to the Registrar of Trade Unions for advice. Nothing in this subrule shall prevent the business of the Meeting from proceeding and the Ruling of the Chairman shall stand for the remainder of the Meeting.

Time for Debate 17.44 Not more than 30 minutes shall be occupied in discussing any motion. When that limit has expired the meeting may by a majority vote extend the time for discussion if it things there has not been sufficient debate on the question.

Adjournment 17.45 A motion for the adjournment of a debate or for the adjournment of the meeting may be proposed at any time. If either motion is carried the meeting may fix a time for the resumption of the debate or for the resumption of the meeting.

17.46 A meeting may at any stage, by a majority vote, fix the time for the close of the meeting, and that decision shall stand, unless it is altered before the time fixed is reached.

Notices of 17.47 Any member desiring to bring forward any business not on the

Motion business paper for a meeting shall give written notice of his motion or motions to the Chairman at the beginning of the meeting. All notices of motion shall be read aloud by the Chairman.

17.48 Notice may be given in writing to the Chairman of a motion or motions for discussion at a future meeting.

17.49 No motion shall be discussed unless the member who gave notice of it, or some other member authorised by him in writing to sponsor the motion, is present at the meeting when the business is called on.

Recommittal 17.50 A motion to reconsider any matter previously discussed or resolution passed must be made by a member who voted with the majority.

17.51 No motion shall be recommitted for amendment or rescission at the same meeting unless the motion for recommittal is carried by a majority equal to twothirds of the number of members present when the original motion was agreed to.

Rescissions 17.52 Except as provided for in Rule 17.51 it shall be competent for a meeting to rescind, after or over-ride any decision of a previous meeting.

17.53 In order, at any meeting convened under Rules 5.1 and 5.2, to carry a resolution to rescind a resolution carried at a previous general meeting, it shall be necessary (1) that the meeting at which the rescinding resolution is carried shall be attended by a number of members at least equal to that of the previous meeting, and (2) that a majority of members greater than that by which the original resolution was carried favours the rescinding resolution.

Order of 17.54 By a majority vote of the members present, any meeting

Business may change the order of business set down for that meeting to enable urgent business to be dealt with.

RULE 18 RULE BOOK

Availability 18.1 A printed copy of these registered rules shall be given free of charge to every person accepted into membership of the Association.

18.2 A copy of these registered rules shall be readily available at the registered office of the Association for perusal by any members.

RULE 19 POLICY MANUAL

19.1 The Association shall have a Policy Manual. Such a Policy Manual shall have inserted into it copies of all Resolutions that include the words:

"Be it resolved that it shall be Association Policy that,"

Such resolutions being resolutions passed at any General Meeting of the Association and at any Executive Committee Meeting of the Association.

19.2 Such Policy Manual shall be the guidance for Principal Officers and they shall not be permitted to take action outside the guidelines laid down by any Resolution contained within the Policy Manual until such Resolution be subsequently amended or rescinded.

RULE 20 DISSOLUTION OR WINDINGUP OF THE ASSOCIATION

Cancellation 20.1 The registration of the Association may be cancelled by voluntary dissolution, or upon a request by the Association or by decision of the Registrar of Trade Unions in accordance with the Trade Unions Ordinance.

Voluntary 20.2 (a) The Association can be dissolved or may request for

dissolution cancellation of registration only with the consent of not less than twothirds of the total number of voting members obtained by means of secret ballot at a General Meeting. When the Association is dissolved, the Secretary shall notify the Registrar of the Trade Unions to this effect within 14 days thereof;

Disposal of (b) In the event of the Association being dissolved or the

assets registration of the Association has been cancelled on whatever grounds, any surplus assets and funds remaining after the satisfaction of its debts and liabilities shall be disposed of in such manner as decided at a General Meeting.

RULE 21 COMMON SEAL AND CONTRACT

Common seal 21.1 The Association shall have a common seal which shall be in the safe custody of the Secretary, and it shall only be used by the authority of the Executive Committee.

Contracts 21.2 Any contracts or instruments made by the Executive Committee on behalf of the Association to which the common seal of the Association is affixed shall be signed by an officer or a voting member appointed by the Committee for the purpose and countersigned by the President together with the Treasurer or the Secretary.

RULE 22 DEFINITIONS

Definitions 22. In these Rules, unless the context otherwise requires:

"General Meeting" includes Annual General Meeting of Members and Extraordinary General Meeting of Members;

"members of the Executive Committee" means all persons who constitute the Executive Committee;

"officer" includes any member and officeholder of the Executive Committee;

"officeholder" means any member of the Executive Committee who concurrently holds a designated office in the Executive Committee;

"qualified member" means any member either voting or nonvoting qualified for membership under the rules of the Association;

"voting member" means any member of the Association entitled to vote for any purposes under the rules of the Association.

CHAPTER 2 SENIORITY POLICY

1. REDUNDANCY AND SENIORITY LISTS

1.1 The Company will maintain Redundancy and Seniority lists.

1.1.1 For redundancy and subsequent re-employment the Redundancy date of a pilot will be the date of employment with Dragonair as a pilot or pilot trainee as confirmed by Letter of Appointment.

1.1.2 The Seniority date of a pilot will be the date that an aircraft type operated by the Company is entered by the Hong Kong Civil Aviation Department on a Hong Kong professional pilot's licence or date of employment, whichever is later.

1.2 Pilots with the same seniority/redundancy date will have their relative seniority/redundancy position decided by date of birth, the older being the more senior.

1.3 The Company will issue updated Redundancy and Seniority lists in January of each year. A pilot will be permitted thirty days after the issue of the list in which to bring any omission or incorrect listing to the attention of the Company. A pilot on leave during the issue of the list will have thirty days from the date he returns to duty.

1.4 Seniority will be the basis for promotion, demotion and change of aircraft type. Training and management appointments and demotion for disciplinary reasons are not governed by seniority.

2. CONVERSION AND COMMAND VACANCIES

2.1 Command vacancies and vacancies on different aircraft will be advertised. All pilots will be given suitable opportunity to apply.

2.2 Vacancies which require a change of aircraft type will be in accordance with seniority of applicants subject to the following:

2.2.1 If there are sufficient applicants, the Company will only consider applicants who have served a "freeze" period of 24 months from the date of the officer's last successful bid for, and completion of, command or type training. The "freeze" period will be from the start date of the previous course until the planned start date of the conversion course for the new type.

2.2.2 If there are insufficient applicants, the Company will reduce or waive the "freeze" requirement as necessary and reconsider all applicants in order of seniority. If there are still insufficient applicants, the unfilled positions will either be allocated in reverse order of seniority by "drafting" suitably qualified pilots currently employed or from new recruits.

2.2.3 Pilots who previously did not bid but were "drafted" onto a different type at the behest of the Company will not be subject to this "freeze" restriction

2.2.4 An officer approaching retirement must also be able to serve 36 months from the start date of the training course to his normal retirement date.

2.2.5 If an Officer is unsuccessful in completing conversion training he will be notified by the CTC in writing of the minimum period of deferment before being considered for future conversion training.

2.3 The selection of a Senior First Officer/First Officer for command training will occur one calendar month before the planned start date of the command course and will be in order of seniority of applicants provided that the Officer:

(a) has a total of 5,000 hours. This total may be reduced to 4,000 if the individual has shown he has above average aircraft handling and command ability during service with Dragonair;

(b) holds a valid HK ATPL;

(d) is not required to change aircraft type contrary to the respective "freeze" period of para 2.2;

(e) is considered by GM(O) and the CP as a person fitting to hold the position of Dragonair Commander.

2.3.1 Any Officer not selected for command training who meets the conditions of para 2.3(a), (b) and (c) above will be notified in writing of the reasons and may request an interview with CTC or CP. Any Officer considered by Dragonair as permanently unsuitable for command will be so advised in writing stating the reasons.

2.3.2 If an Officer is unsuccessful in completing command training he will be notified by the CTC in writing of the minimum period of deferment before being considered for future command vacancies. Following an unsuccessful command course an Officer will revert to being a Senior First Officer.

2.3.3 If there are no Senior First Officer/First Officer applicants who meet the requirements of para 2.2(a),(b) or (c) above, the Company may employ direct entry commanders. Before such employment is offered consultation will take place between the Company and the Pilots representatives to discuss the requirements and the minimum number of direct entry commanders needed.

2.4 The Company reserves the right to limit the number of training courses to one per aircraft type for a co-pilot vacancy and one per aircraft type in each seat for a command vacancy.

3. TRAINING APPOINTMENTS

3.1 Training appointments are by selection by the CTC and approval by the GM(O) and are not subject to seniority. Training positions are made for a specific fleet and any Officer who undergoes conversion training will automatically cease to hold a training post.

CHAPTER 3 ROSTERING GUIDELINES

1. GENERAL

1.1 The Agreement

1.1.1 This Agreement represents the current working conditions for pilots employed by Hong Kong Dragon Airlines Ltd, hereafter referred to as the "Company". It is agreed between the Company and the Pilots' representatives, and forms part of the Conditions of Service. The limitations of this Agreement are additional to the legal limitations contained in the CAD Approved Flight Time Limitations Scheme.

1.2 Purpose

1.2.1 The purpose of the Agreement is to define the working conditions of the pilots within the Company and to create a pattern of work which allows a pilot to enjoy a reasonably normal social life, especially with regard to protecting a pilot's time off duty and stability of his/her roster.

1.3 Variations

1.3.1 There may be extraordinary occasions when rostering outside the Agreement is desirable and it is not the intention of this Agreement to prohibit a pilot from volunteering to accept such rostering on these occasions.

1.3.2 Any variations from the conditions set out in the Agreement will be subject to agreement between the Company and the Pilots' representatives. In that event, the amended Agreement will be incorporated in the Conditions of Service.

1.4 Monitoring

1.4.1 The Company will provide the Pilots' representatives reasonable access to crew records and information on forward planning and roster requirements in order to monitor the effectiveness of this Agreement.

2. DEFINITIONS

2.1 Time

All times within this Agreement are local time unless otherwise stated.

2.2 Calendar Day

A 24 hour period from midnight to midnight.

2.3 Roster Period

A calendar month beginning on the first day of the month.

2.4 Local Night

A period of 10 hours falling between 2000 and 0800.

2.5 Available Day ("A-Day")

An Available day is a day with no rostered duties. There is no restriction on a pilot's movements on an available day, and there is no onus on the pilot to contact operations to enquire whether he is required for duty. Should the Company have a need to use a pilot on an A-day every effort will be made to give 24 hours notice of the duty. In any case a minimum of 12 hours notice is required to meet the needs of the FTL.

2.6 Guaranteed Day Off ("G-Day")

A Guaranteed Day Off is a rostered period off in Hong Kong of not less than 32 hours free from duty which includes two local nights. Additional consecutive G-Days will be 24 hours long. Where possible the first duty after a G-Day will be rostered not to commence before 0800.

2.7 Compensated Day Off/G-Day

A Compensated Day Off/D-Day is a additional Day Off/G-Day to replace a previous Day Off/G-Day which has been rendered invalid by the encroachment of a Duty Period. The Compensated Day Off/G-Day should, as far as possible, be decided by the pilot concerned. Where rostering constraints exist, a choice of alternatives will be offered to the pilot concerned at the planning stage of the roster.

2.8 Night Duty

Any Duty Period which includes any STD or STA between the hours of 2200 and 0659 inclusive.

3. ROSTERING

3.1 Roster Basis

3.1.1 Subject to training requirements, the roster is to be constructed so as to attempt to equalise credit hours, standby duties, available days and days off. Priority should also be given to varying each pilot's work pattern so that he can expect to fly to each destination on the network on a regular basis.

3.2 Roster Publication

3.2.1 The roster is to be published no later than the 15th of the month. If allocation of duties can not be made at that time because of the nonreceipt of final charter clearances, the roster will at least contain the minimum number of G-Days. If so, the complete roster will then be published within three days of receiving the final charter clearances. The roster is to include details of duties and the planned monthly total flying hours and credit hours of each pilot.

3.2.2 Rosters will be distributed in the pilots' pigeonholes in the Crew Room and will also be posted to a nominated address if requested by a pilot on leave.

3.3 Roster Requests

3.3.1 Roster requests should be submitted to the Company in book kept for that purpose by the first day of the month before the roster period concerned. Every effort should be made by the Company to accommodate requests.

3.3.2 In the event of conflicting requests, priority will be in accordance with a scheme to be agreed between the Company and the Pilots' representatives.

3.4 Roster Swaps

3.4.1 Roster swaps will be accommodated by the Company whenever possible, but the Company reserves the right to consider the implications of such proposed swaps on EFP payments.

3.5 Change of Rostered Duty

3.5.1 Change of Duty After Roster Publication

3.5.1.1 Once the roster is published, changes to an assigned duty should only be made if absolutely necessary and written notification of the reason for the change should be given to the pilot concerned.

3.5.1.2 If a change of rostered duty is to be made within seven days of the affected duty the new duty will start not more than two hours before and finish no later than two hours after the originally assigned duty. Acceptance by the pilot of a change of duty outside these restrictions is voluntary.

3.5.1.3 When a rostered duty is cancelled and no other duty is allocated, an A-day will be substituted.

3.5.1.4 No changes to the rostered duties for the purpose of reducing EFP may be within the last seven days of a roster period.

3.5.2 Change of Duty After Reporting for Duty

3.5.2.1 After reporting for duty a pilot may not be reassigned to another duty except when the change is result of unplanned or unforeseen circumstances.

3.5.3 Change of Duty when out of Hours for next Duty Period

3.5.3.1 A pilot who is out of hours to perform the next rostered duty may be required to perform a standby duty or be rescheduled to another flying duty subject to the following conditions:

(a) If a standby duty is allocated, it will cease no later than the end of the originally rostered duty period;

(b) If a flying duty is allocated, it will be scheduled to finish not more than two hours after the end of the original duty;

(c) If a delay infringes a Day Off/G-Day, no subsequent duty will be allocated and the Day Off/G-Day will be compensated as described above;

(d) No substitute planned duty may be allocated which will impinge on a G-day;

(e) No substitute planned duty may be allocated unless it is operationally essential.

4. LIMITATIONS

4.1. Maximum Number of Sectors

4.1.1 The maximum number of sectors which may be rostered in any FDP is five. If any of the sectors involves a landing in the People's Republic of China, or if the pilot is not acclimatised to local time, then the maximum will be four.

4.1.2 Consecutive days of four or more sectors are not to be rostered.

4.2. Flying Duty Period (FDP)

The maximum rostered FDP specified in the FTL Scheme will be further limited at the roster planning stage as follows:

Table A Acclimatised to local time

Local Time	Sectors
Start	1	2	3	4	5

0600 - 0659	13.00	12.15	11.30	10.15	10.00
	(11.00)	(10.15)	(09.30)	(09.00)	(09.00)

1800 - 2159	13.00	12.15	11.30	10.45	10.00
	(11.00)	(10.15)	(09.30)	(09.00)	(09.00)

(Only one flight per week may be planned to exceed the hours indicated within the brackets.)

4.3. Duty Hours

4.3.1 The maximum total duty hours in any consecutive seven days is to be limited to 50. The maximum total duty hours permitted in any two week period is 95 and the maximum total duty hours permitted in any roster Period is 200.

4.3.2 If a pilot is not available for duty during part of the roster period, then the roster period maximum will be reduced on a pro rata basis.

4.4 Standby Duty

4.4.1 No more than six standby duties per pilot will be rostered in any roster period.

A pilot may not be called from standby for a duty which is expected to begin later than the end of the rostered standby duty.

4.4.3 A standby duty is not to be rostered immediately before leave.

4.5 Night Duty

4.5.1 Pilots may be rostered for a maximum of three consecutive night duties.

4.5.2 Pilots should not be rostered for consecutive night duties which entail a landing after 0500 hours.

4.5.3 A day off must be rostered after three night duties.

4.6 Available Duty

4.6.1 An A-Day is not to be rostered immediately before or after leave.

4.6.2 If an A-Day is rostered before a Day Off/G-Day, no duty will be allocated which would affect the Day Off/G-Day.

4.6.3 If an A-Day is rostered immediately after a Day Off/G-Day, it is the Company's responsibility to inform the pilot of any required duty on the A-day prior to the Day Off/G-Day.

4.7 G-Days/Days Off

4.7.1 A pilot is to be rostered for a minimum of 90 G-Days per year. This is in addition to the pilot's annual leave entitlement.

4.7.2 A duty may not be substituted for a G-Day without the voluntary agreement of the pilot concerned and, if accepted, a Compensatory G-Day is to be allocated.

4.7.3 Immediately following a rostered period away from Hong Kong, a pilot will be rostered for the following days off:

After 2, 3 or 4 calendar days away 1 day off;

After 5 or 6 calendar days away 2 days off;

After 7 or more calendar days away 3 days off.

Note that after a period rostered away from Hong Kong for the sole purpose of training the above may be reduced by one day subject a minimum of one day off.

5. LEAVE

5.1 Entitlement

5.1.1 A pilot is entitled to 49 days leave per calendar year. Leave entitlement will normally be taken in the leave year in which it accrues but may be carried forward by mutual agreement between the Company and pilot concerned.

5.1.2 A pilot who begins employment with the Company other than on 1st January will be entitled to leave on a pro rata basis normally to be taken no later than by the end of the first full calendar year of service.

5.1.3 For each pilot, one period of leave in each leave year will be rostered with 2 G-Days immediately before, and two G-Days immediately, after the leave period. The leave period to which these G-Days apply will be nominated by the pilot.

5.1.4 For any leave period of 7 consecutive days or more, a pilot is to be rostered off duty no later than 1730 on the last duty preceding the leave period and to commence duty no earlier than 0830 on the first duty following the leave period.

CHAPTER 4 WET LEASE POLICY

1. POLICY

Dragonair routes should be flown by aircraft under Dragonair control and crewed by Dragonair flight crew. Dragonair will not employ other pilots directly or indirectly on a short or longterm basis without having first offered Dragonair pilots the opportunity to crew the leased aircraft. Any exception to this will be considered by the DPA on a case by case basis, taking into account the following:

Likely effects on Dragonair's reputation of aircraft/crew operating to standards different from those applicable to Dragonair.

Effects on safety of:

(a) Crews not operating under ops control of Dragonair;

(b) Crews unqualified in the region;

(d) Cabin Crew operating to different SOP's to cockpit crew;

(e) Aircraft not equipped to minimum Dragonair standards.

Impact on Dragonair Crews:

(a) Promotion and subsequent financial losses;

(b) Morale;

2. CONDITIONS OF WET LEASE

Before any wet-lease can be considered the following conditions must be satisfied:

(a) DPA will have been consulted to ensure that all alternatives have been explored;

(b) The period of the lease must be the absolute minimum;

(d) A timetable detailing the achievement of proper manning/equipment levels must be agreed;

(e) No Dragonair pilot should be disadvantaged financially.

CHAPTER 5 GRIEVANCE POLICY

1.PROCEDURES IN THE EVENT OF AN ACCIDENT OR INCIDENT

1.1. A pilot involved in any accident or incident shall not be interrogated following such an accident or incident except in the presence of an Association Adviser unless he desires the presence of a Solicitor

1.2. Where a pilot is asked or required by Summons to attend a CAD Investigation into an accident or incident in which the pilot member concerned or some other pilot may be involved he shall be entitled to be represented:

(a) By an Association Adviser where asked to attend and he agrees to attend such an investigation;

(b) By an Association Adviser or his legal adviser where required by Summons to attend such an investigation.

1.3. Where a pilot has his services terminated, that pilot has the right to be advised of the reason for his dismissal in writing.

1.4. Further where a pilot is involved in a situation or incident, the employer should notify the pilot of his intent to make preliminary enquiries and identifying the reason. The pilot on being so advised may require that such advice be put in writing to him prior to any further enquiry.

1.5. All pilots regardless of length of advice should have the right of recourse to Grievance Procedures, except in the case of operational safety.

2. PROCEDURES OTHER THAN DISCIPLINARY MATTERS

2.1. (a) Any pilot who considers himself adversely affected on any matter shall inform the Manager Flight Operations of his complaint.

(b) The Manager Flight Operations shall investigate the complaint and shall notify the pilot in writing of his decision within seven (7) days.

(c) If further discussions are required the pilot may be accompanied by another Company pilot or Association officer and a decision in the matter and reasons therefore shall be given to the pilot in writing within seven (7) days following these discussions

(b) The Company may, pending completion of these enquiries, hold the pilot out of service but he shall continue to receive pay and the provisions of the Conditions of Service shall apply. Advice of this action and the reasons therefore are to be given to the pilot in writing at the time of being held out of service.

(c) The Company may conduct such investigations as are deemed necessary to enable the Company to decide whether any disciplinary action should be taken. If discussions are required with the pilot he may be accompanied by a pilot(s) and/or Association Officer(s) and he shall be advised of his rights in this regard before being interrogated.

(d) If the Company decides that disciplinary action should be taken the decision and the reasons therefore shall be given to the pilot in writing seven (7) days after completion of the investigation and consideration of the situation or incident by the Company and the decision shall specify the disciplinary action proposed.

2.2 (a) Should the pilot be dissatisfied with the Company's decision he shall be entitled to appeal to the General Manager Operations within seven (7) days after receiving advice of the Company's decision. The Company may hold the pilot out of service pending this appeal but he shall continue to receive pay and the provisions of the Conditions of Service shall apply.

(b) An appeal under this step shall be in writing, shall state the grounds of appeal, and shall be addressed to the General Manager Operations.

(c) The General Manager Operations shall commence a hearing of the appeal within 14 days of the receipt of the notice of appeal.

(d) The pilot, at the hearing, may be represented by a Company pilot(s) and/or Association Officer(s). Both the Company and the pilot may call such witnesses as they desire and shall have the riqht to crossexamine witnesses.

(e) The General Manager Operations shall advise the pilot of his decision and the reasons therefore within seven (7) days after the completion of the hearing of the appeal.

(f) For the purpose of these provisions the General Manager Operations includes any Officer deputising for him due to his absence or unavailability.

2 3. (a) Where the pilot is dissatisfied with the decision of the General Manager Operations, he may within seven (7) days after receipt of the decision, file a notice of appeal to the Labour Tribunal. This notice shall be in writing, shall state the grounds of the appeal, be signed by the pilot personally and shall be forwarded to the Tribunal personally.

(b) The Tribunal shall commence hearing the appeal as soon as possible at a time and place fixed by the Presiding Officer.

(d) The Tribunal shall determine the appeal and the Presiding Officer shall advise the appellant and the Company of the Board's decision in writing, within 14 days after completion of the hearing of the appeal.

3. GENERAL

3.1. Any decision made by the Company to which these procedures apply which is not appealed by the pilot within; the time prescribed for such appeal shall become final and binding.

3.2. Where notice of appeal is filed, no disciplinary or dismissal action shall be taken until any such appeal is concluded.

3.3. If, as a result of any hearing or appeal on a disciplinary matter the pilot is exonerated, no reference to the charges shall be placed on his personal record. If the decision against the pilot is not appealed, or on appeal, that appeal is not upheld or is varied by the Board of Appeal the proposed disciplinary or dismissal action shall be taken as effective from the originally proposed date, or date fixed as part of the final decision. An appeal, Step 2 or Step 3, may include an appeal against the proposed disciplinary or dismissal action..

3.4. A determination made by the Tribunal which decides the rights and obligations in any respect of an individual pilot shall also determine the rights and obligations of all other pilots in identical circumstances.

3.5. A pilot who is held out of service pending the completion of an investigation, hearing or appeal under these procedures, shall be paid for a period not exceeding six months pay in accordance with his pilot equipment status at the time of his first being held out of service until such time as the investigation, hearing or appeal(s) has been completed.

3.6. If as a result of an hearing or appeal on a disciplinary matter a pilot is exonerated, he shall, if he has been suspended or held out of service, be reinstated without loss of seniority.

3.7. If, as a result of any hearing or appeal therefrom as provided, a pilot is retained in employment and a penalty of demotion is confirmed, such demotion shall be effective from the date from which he was advised such action was proposed. In the event that he was held out of service during the appeal, the pilot shall refund to the Company the difference between the payments made to him for the period he was held out of service and payments actually due to him for the same period as a result of the demotion. Such repayments may be paid to the Company in a lump sum or else shall be refundable by equal deductions from salary over a period not in excess of six months with repayment to commence from the first pay period after the determination of his appeal.

3.8. If, as a result of any hearing provided, confirmation of dismissal or termination of service is made, payments made to the pilot from the date of advice of dismissal or termination or date fixed as part of the final decision shall be made either as a lump sum by the pilot or deducted from any monies due him.

3.9 If, as a result of any hearing or appeal therefrom, as provided, a pilot is retained in employment but a penalty of suspension without pay is assessed payments made to the pilot shall be repayable to the Company, provided that the maximum penalty which can be assessed shall be paid in accordance with his pilot equipment status.

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