Any "Latest & Greatest" about Delta?
07-23-2014, 04:39 PM
Back on TDY
Joined APC: Apr 2008
Position: 747-400 Captain
Posts: 12,487
I disagree. On this issue, I am coming down on the hard liners' side. This needs filing immediately upon occurrence of the violation. We know exactly when that occurs, and since the lawyers are on retainer, to have them draft the paperwork gives them something to do besides drink ALPA coffee all day.
Carl
07-23-2014, 04:40 PM
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Joined APC: Jun 2006
Position: A-320A
Posts: 18,563
Actually Alan, acl and I aren't talking in circles at all and it's definitely not semantics. Acl specifically stated that there is not currently any non-compliance with our PWA regarding the JV. George, myself and other posters corrected him, but acl dug in his heels and reiterated that there is currently no non-compliance. When I posted the actual contract language showing our current non-compliance, then further described when contract violation would occur at the end of the cure period, acl posted the political double-speak in an attempt to deflect from his own previous words.
Again, there's a difference between non-compliance and violation. When acl65pilot stated that there is currently no non-compliance with our PWA, that was done for a purpose other than properly looking out for Delta pilots. If it was just a typo, then he wouldn't have continued to defend the statement as correct until I posted the language. Why he does this, I cannot understand.
Carl
Again, there's a difference between non-compliance and violation. When acl65pilot stated that there is currently no non-compliance with our PWA, that was done for a purpose other than properly looking out for Delta pilots. If it was just a typo, then he wouldn't have continued to defend the statement as correct until I posted the language. Why he does this, I cannot understand.
Carl
Carl;
You are correct, I used the wrong word. There is no violation but there is non-compliance of the first proviso which triggered the second proviso or the cure period. There is NOT non-compliance to the point of a violation which was my point last night.
I took non-compliance in your post to mean violation and I clearly misunderstood your intent. The blame is on me not you.
There is no violation until they are in non-compliance of the second period which ends at the end of March of 2015. It does look like that that time there will be a violation if nothing changes in the JV.
Here is what I wrote:
Lets try this again Carl. Contractual compliance or non-compliance goes farther than just compliance with the EASK balance listed in the PWA. As you have dutifully copied here, in the PWA, there is a measurement period of three years, that is date defined. Compliance or -non-compliance of the metric that was agreed to, determines not a PWA violation but if the secondary provision of a cure period is triggered.
As you and I are totally aware of, the "company" is below the compliance band, (do not have the exactly number) as it was measured at the end of March 2014, and as a result the cure period as mutually agreed to many moons ago is triggered. Non-compliance of the EASK balance at the end of the measurement period does not equate to a contractual violation.
As you read there is directive language in the fact that the company "will" return to compliance in the one year cure. If that does not happen, and at the end of this period, and only then is there a violation of the PWA by the "company."
I know you know this, but you cherry pick what suits your purpose. Any contract that has a remedy clause in it, with a date specific period, results if the party that has the damages having to wait to file claim until that remedy period is over. It is the same on any contact, labor agreements or otherwise.
Last edited by acl65pilot; 07-23-2014 at 04:56 PM.
07-23-2014, 04:40 PM
Wind the clock beoch
Joined APC: May 2012
Posts: 437
07-23-2014, 04:47 PM
Happy to be here
Joined APC: Jun 2006
Position: A-320A
Posts: 18,563
07-23-2014, 04:47 PM
Moderator
Joined APC: Oct 2006
Position: B757/767
Posts: 13,088
You do realize that back pay was negotiated for anyone who lost pay due to having a PD placed on their schedule prior to the LOA? WTH would you file a grievance and risk losing money when you can simply negotiate back pay? BTW, DALPA most certainly does file grievances for violations that have occurred.
07-23-2014, 04:49 PM
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Joined APC: Jun 2006
Position: A-320A
Posts: 18,563
They have, tangentially if you read committee reports from the MEC meetings.
It would be hard to write that Comm without concensus on where we go from here.
It would be good to again remind the pilots that the Transatlantic JV negotiation resulted in a gain for Delta pilots. Management just has not delivered and by some estimates underperformed even our status quo.
It would be hard to write that Comm without concensus on where we go from here.
It would be good to again remind the pilots that the Transatlantic JV negotiation resulted in a gain for Delta pilots. Management just has not delivered and by some estimates underperformed even our status quo.
07-23-2014, 04:52 PM
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Joined APC: Jun 2006
Position: A-320A
Posts: 18,563
Nope. Its does on the Reps own time, and they send it out on their own. All four work on it and send it out on a rolling basis. No FPL for that work.
07-23-2014, 05:00 PM
Gets Weekends Off
Joined APC: Sep 2007
Posts: 1,238
Two questions.
Is there a list of the LCA by base and aircraft? Trying to find someone I flew with a while ago.
Second, Is anyone else bothered that money is tied with us giving health information, ie the biometric numbers?
Is there a list of the LCA by base and aircraft? Trying to find someone I flew with a while ago.
Second, Is anyone else bothered that money is tied with us giving health information, ie the biometric numbers?
07-23-2014, 05:01 PM
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Joined APC: Jun 2006
Position: A-320A
Posts: 18,563
On the second, those plans are not protected by the PWA, and the DPMP does not have those requirement.
07-23-2014, 05:07 PM
Gets Weekends Off
Joined APC: Sep 2007
Posts: 1,238
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