Re: RAH
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#82
Banned
Joined APC: Sep 2007
Posts: 1,480
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Most pilots understand the scourge of being a scab. It's both a philosophical and practical disaster to take another person's job. It's also a philosophical error to accept wages less than a Chili's bartender to fly an RJ. Yet another philosophical AND practical error to work at a job that lessens your chance of advancing in your career.
You still have 10's of thousands of regional pilots out there and there are many more new pilots who are looking for work. You have a lot of come to jesus speeches to give if you plan on educating every regional and every commercial pilot out there who is throwing their applications into any and every regional whose times they meet.
Here was the "whatever": Management came to us stating that they would go broke under the competitive pressure if they weren't allowed to fly RJ's to small cities that feed our hubs. Further, management stated that RJ's feeding the hubs would grow flying at the majors due to the increased hub traffic. To seal the deal, management offered up no-furlough clauses to ensure that our junior people would never pay the price. Obviously, that was all BS...but that is the history. It's not that we did it to increase our pay, or protect pensions, or any of the things many RJ pilots talk about.
But it makes them feel better to think we're a greedy as they are. Same philosophy that drives the anti-age 65 threads.
Look how great it would have been if you didn't take those jobs. Airline management's most desired bargaining chip would have had no value at all. Thus airline managements would have had no choice but to buy RJ's and have mainline pilots fly them. You would have had a far greater chance of being one of those mainline pilots. It would have been great, and very smart. But management counted on pilots being self-interested.
But the kids with the "Guppy Killer" stickers on their flight bags know better.
Don't you.
#83
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http://www.airlinepilotforums.com/978050-post67.html
I didn’t see the rest of the post lining up with that last little caveat.
Anyway, to reiterate, I do think DALPA should vigorously defend their scope.
However...given DALPA's Section 1 language that has been posted on this site, RAH's operational structure, the fact that no RAH airline operating 76+ seat aircraft does business as Delta Connection, and the fact that Republic Airlines has been operating 99-seat E190s for over a year with no grievance filed, I don't think this is a violation of your Section 1 and think a grievance on this particular issue would be a loser.
I continue to not see how a STS ruling that deals only with employee representation remotely supports the viewpoint of a violation, or how Frontier's involvement in this ruling this is any more a smoking gun than the E190s that were already flying the day before the ruling.
Just my opinion, based upon what I know about contract/labor law.
As I said in the other thread, maybe DALPA should pursue a grievance on this, if only to placate those in the pilot group who think they understand contract language better than the experienced legal professionals whose salaries are paid with the pilot group's dues.
And after tens of thousands more in dues have been spent taking this to arbitration, and the arbitrator rules in favor of the Company on this matter, your reps can claim that the good fight was fought to defend your contract while your legal team mutters under their breath "We told you so".
AGAIN...I'm not advocating further scope erosion, I just think given the facts, the language, and the circumstances, DALPA cannot win this case. Your attorneys seem to agree with my conclusion, and while you and many in your group may not like that conclusion, not liking it doesn't make it wrong.
However...given DALPA's Section 1 language that has been posted on this site, RAH's operational structure, the fact that no RAH airline operating 76+ seat aircraft does business as Delta Connection, and the fact that Republic Airlines has been operating 99-seat E190s for over a year with no grievance filed, I don't think this is a violation of your Section 1 and think a grievance on this particular issue would be a loser.
I continue to not see how a STS ruling that deals only with employee representation remotely supports the viewpoint of a violation, or how Frontier's involvement in this ruling this is any more a smoking gun than the E190s that were already flying the day before the ruling.
Just my opinion, based upon what I know about contract/labor law.
As I said in the other thread, maybe DALPA should pursue a grievance on this, if only to placate those in the pilot group who think they understand contract language better than the experienced legal professionals whose salaries are paid with the pilot group's dues.
And after tens of thousands more in dues have been spent taking this to arbitration, and the arbitrator rules in favor of the Company on this matter, your reps can claim that the good fight was fought to defend your contract while your legal team mutters under their breath "We told you so".
AGAIN...I'm not advocating further scope erosion, I just think given the facts, the language, and the circumstances, DALPA cannot win this case. Your attorneys seem to agree with my conclusion, and while you and many in your group may not like that conclusion, not liking it doesn't make it wrong.
This <right here> seems to be the biggest point of issue for this topic.
Republic Airways Holdings is not an airline, it is a holding company. As such, it does not fly for Delta Connection - its subsidiaries Chautauqua & Shuttle America fly for Delta Connection.
RAH does not operate a fleet of Airbusses, RAH subsidiary Frontier operates a fleet of Airbusses. Besides, RAH subsidiary Republic Airlines has been flying 99-seat E190s for over a year - are those permitted?
The key point is that RAH owns the airlines, it doesn't operate the airlines.
Republic Airways Holdings is not an airline, it is a holding company. As such, it does not fly for Delta Connection - its subsidiaries Chautauqua & Shuttle America fly for Delta Connection.
RAH does not operate a fleet of Airbusses, RAH subsidiary Frontier operates a fleet of Airbusses. Besides, RAH subsidiary Republic Airlines has been flying 99-seat E190s for over a year - are those permitted?
The key point is that RAH owns the airlines, it doesn't operate the airlines.
What you are claiming is along the lines of saying AMR Corp. flies the S80. No, AMR does not, their subsidary American Airlines does. It may seem like splitting hairs, but its an important distinction for Delta pilots as AA subsidiary American Eagle is a codeshare partner for Delta and, per the argument you are making, would also a violation of your Section 1 as Delta's codeshare with Eagle provides financial support to competitor American.
I'm honestly not trying to be argumentative, but trying to help folks understand that what is black and white to YOU in your CBA, both in meaning and intent, ain't quite so black and white in the eyes of lawyers, judges, and arbitrators.
I'm honestly not trying to be argumentative, but trying to help folks understand that what is black and white to YOU in your CBA, both in meaning and intent, ain't quite so black and white in the eyes of lawyers, judges, and arbitrators.
This goes back to why hasn’t this been pursued before and that’s because of ALPA. The thing is to remember that ALPA lawyers are not the pilots lawyers. Their job is not to enforce our contract. Their job is to do what ALPA National wants them to do. If that’s to enforce the contract, they’ll do it, if it’s not to enforce it, they won’t. It’s not an automatic.
Now throw in trying to get RAH pilots to vote in ALPA and it makes sense why lawyers wouldn’t pursue contract violations. If ALPA only represented mainline carriers, I think you’d see them pursue this vigorously to do as what the pilots plainly see and that’s the precedent RAH is following encouraging other regionals to do the same.
Okay, here is the PWA:
Last edited by forgot to bid; 04-10-2011 at 12:22 PM. Reason: edited the part about Eagle and Alaska
#84
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Summary of the Delta PWA:
The PWA:
Scope (1 C.)
All flying performed by or for Delta Air Lines or any affiliate will be performed by pilots in
accordance with the terms and conditions of the PWA. While this may seem like a simple
concept the operation of this provision has many complexities throughout Section 1
Permitted Arrangements with Connection Carriers (1 D.)
Delta connection carriers perform flying for the airline in accordance with this section. .
Permitted Arrangements with Foreign Carriers (1 E.)
The Company also has arrangements with foreign carriers for service. The flying they
perform and the amount of ownership Delta may have in the foreign carrier is defined within
this section.
Affiliates and Successors (1 F.)
This portion describes the requirements for merging pilot seniority lists. It encompasses
policy on how merged airlines operate leading up to Single Operating Certificate. It also
states our Pilot Working Agreement would be binding on an affiliate or successor.
Opportunity to Make Competing Proposal (1 H.)
Should the company receive a proposal that would result in a successor or change in control
of Delta, ALPA has the opportunity to bring forward a competing proposal.
General Furlough Protection (1 I.)
In the event the Company decides to furlough pilots, the PWA requires 90 day notice for
any pilot on the seniority list as of December 8, 2008. There are restrictions prohibiting
furloughs for 24 months following December 8, 2008 if the furlough is a result of the Delta
Northwest merger. Note: Section 21 B.1 of the PWA provides 30 days advance notice for
pilots hired after December 8, 2008.
Fragmentation Transaction (1 J.)
Should the Company fragment, ALPA can request that a certain number of pilots transfer
with the company assets.
Pilot Member of the Board of Directors (1 L.)
The Delta MEC will be allowed to appoint one full voting member to the Delta Board of
Directors. That pilot member has fiduciary responsibilities to Delta and its shareholders and
must be mindful of this when providing information to the Delta MEC. Delta is also
required to produce historical and financial data that ALPA requests.
Permitted Arrangements and Joint Venture Agreements (1 N.,O.,P.,Q.)
Our code sharing agreements with Continental, Alaska, and Hawaiian Airlines, as well as
the parameters of the Joint Venture, are detailed in these sections.
All flying performed by or for Delta Air Lines or any affiliate will be performed by pilots in
accordance with the terms and conditions of the PWA. While this may seem like a simple
concept the operation of this provision has many complexities throughout Section 1
Permitted Arrangements with Connection Carriers (1 D.)
Delta connection carriers perform flying for the airline in accordance with this section. .
Permitted Arrangements with Foreign Carriers (1 E.)
The Company also has arrangements with foreign carriers for service. The flying they
perform and the amount of ownership Delta may have in the foreign carrier is defined within
this section.
Affiliates and Successors (1 F.)
This portion describes the requirements for merging pilot seniority lists. It encompasses
policy on how merged airlines operate leading up to Single Operating Certificate. It also
states our Pilot Working Agreement would be binding on an affiliate or successor.
Opportunity to Make Competing Proposal (1 H.)
Should the company receive a proposal that would result in a successor or change in control
of Delta, ALPA has the opportunity to bring forward a competing proposal.
General Furlough Protection (1 I.)
In the event the Company decides to furlough pilots, the PWA requires 90 day notice for
any pilot on the seniority list as of December 8, 2008. There are restrictions prohibiting
furloughs for 24 months following December 8, 2008 if the furlough is a result of the Delta
Northwest merger. Note: Section 21 B.1 of the PWA provides 30 days advance notice for
pilots hired after December 8, 2008.
Fragmentation Transaction (1 J.)
Should the Company fragment, ALPA can request that a certain number of pilots transfer
with the company assets.
Pilot Member of the Board of Directors (1 L.)
The Delta MEC will be allowed to appoint one full voting member to the Delta Board of
Directors. That pilot member has fiduciary responsibilities to Delta and its shareholders and
must be mindful of this when providing information to the Delta MEC. Delta is also
required to produce historical and financial data that ALPA requests.
Permitted Arrangements and Joint Venture Agreements (1 N.,O.,P.,Q.)
Our code sharing agreements with Continental, Alaska, and Hawaiian Airlines, as well as
the parameters of the Joint Venture, are detailed in these sections.
C. Scope
Except as provided in Sections 1 D., E., N., O. and Q.:
1. All flying performed by or for the Company or any affiliate will be performed by pilots in
accordance with the terms and conditions of this PWA.
2. Section 1 C. 1. includes without limitation all passenger flying, cargo flying, freight
flying, positioning flights and ferry flights (scheduled and non-scheduled, revenue and
non-revenue) and non-scheduled flights as defined in Section 2 of this PWA:
a. performed by or for the Company or any affiliate on aircraft owned, leased or
operated by the Company or any affiliate;
b. performed on aircraft under the operational control of the Company or any affiliate
(excluding advisory flight planning and following services provided by the Company
on a fee for service basis to other air carriers);
c. performed for the Company or any affiliate by any affiliate or other air carrier;
d. performed by any air carrier under or utilizing a designator code, trade name, brand,
logo, trademarks, service marks, aircraft livery or aircraft paint scheme currently or in
the future utilized by the Company or any affiliate, or performed on aircraft on which
the Company or any affiliate has purchased or reserved blocked space or blocked
seats for sale or resale to customers of the Company or any affiliate;
e. performed by Delta pilots for any other air carrier.
3. There will be no contracting or subcontracting of any Company flying to any other air
carrier or performance of Company flying by pilots of any other air carrier without the
prior written consent of the Delta MEC.
4. Nothing in Section 1 C. will be interpreted to cover flying performed by an air carrier
other than the Company or an affiliate, merely because of its participation in industry
standard interline agreements.
5. Nothing in Section 1 C. will be interpreted to cover flying performed by an air carrier
other than the Company or any affiliate, merely because of its participation in the
Company’s or any affiliate’s frequent flyer miles program under which passengers of such other carrier by frequent travel on board the aircraft of that carrier, may earn travel
or other awards.
6. Neither the Company nor any affiliate will establish or maintain a pilot base at any point
outside the United States unless all Company flying to and from such base is conducted
by pilots who continue at all times to be covered in all respects by this PWA and the
Railway Labor Act. Bidding and staffing for such base will be governed by the PWA
without regard to visa or immigration requirements.
7. The Company and its affiliates will not train, or contract for training of, persons other
than Delta pilots to perform Company flying.
8. The Delta name will be prominently displayed on all Company aircraft performing
Company flying.
9. As of October 30, 2008 and so long as Northwest is an affiliate operating as an air carrier:
a) the Company may, without limitation, place the DL code on NW flights and such
flights may be operated under or utilizing a designator code, trade name, brand, logo,
trademarks, service marks, aircraft livery or aircraft paint scheme currently or in the
future utilized by the Company, and
b) Section 1 C. 1. and Section 1 C. 2. do not apply to operations of Northwest, nor do
they apply to operations of an affiliate of Northwest on a permitted aircraft type.
D. Permitted Arrangement with Respect to Category A and C Operations
1. Section 1 C. will not apply to category A or C operations on any permitted aircraft type.
Exception: If a permitted aircraft type meets the certificated passenger seat requirement
of Section 1 B. 40. b. when first placed into service by a Delta Connection Carrier but is
subsequently certificated for operation in the United States with a maximum passenger
seating capacity in excess of 50 passenger seats, this permitted aircraft type may continue
to be operated by Delta Connection Carriers as long as all Delta Connection Carriers
operate such permitted aircraft type with no more than 50 passenger seats and with a
maximum certificated gross takeoff weight in the United States of 65,000 or fewer
pounds at all times.
2. If a domestic air carrier operates both permitted aircraft types and aircraft other than
permitted aircraft types, the exemption for that domestic air carrier provided by
Section 1 D. 1. will not apply unless:
a. the flying on aircraft other than permitted aircraft types is not performed for the
Company within the meaning of Section 1 C., and
b. there is no reduction in the level of the Company’s then existing system scheduled
aircraft block hours of flying as the result of the performance of such flying on other
than a permitted aircraft type, and
c. the aircraft other than a permitted aircraft type, is either a jet aircraft certificated for
operation in the United States for 106 or fewer passenger seats and configured with 97
or fewer passenger seats (provided that any jet aircraft configured with between 71
and 97 passenger seats is not flown for the Company or any affiliate and is not flown
on a city pair that is served by the Company or an affiliate) or a propeller driven
aircraft configured with 72 or fewer passenger seats, and is operated on its own behalf
or pursuant to agreement with an air carrier(s) other than the Company or an affiliate. Exception: If a carrier that performs category A or category C operations acquires an
aircraft that would cause the Company to no longer be in compliance with the
provisions of Section 1 D. 2. c., the Company will terminate such operations on the
date that is the later of the date such aircraft is placed in revenue service, or nine
months from the date that the Company first became aware of the potential
acquisition.
3. Section 1 C. will not apply to flying performed by any affiliate on permitted aircraft
types.
4. At least 85% of all category A and category C operations each month will be under 900
statute miles.
5. At least 90% of all category A and category C operations each month will operate to or
from Delta hubs, defined for this purpose as being Atlanta, Boston, Cincinnati,
Washington, D.C. (DCA and IAD), Orlando, Los Angeles, Salt Lake City, New York
(LGA and JFK), Fort Lauderdale and Tampa regardless of the number of daily
departures of Company flying at such airports, and Minneapolis, Detroit, Memphis,
Seattle and any other airport in a month in which such airport has more than 50 daily
departures of Company flying.
6. No more than 6% of category A and category C operations each month will be between
Delta hubs (as defined in Section 1 D. 5.). For purposes of Section 1 D. 6., Delta
Connection flying operated between FLL and TPA, FLL and MCO, TPA and MCO will
not be considered flying between Delta hubs.
7. Delta Connection flying aircraft will only bear the name “Delta” as part of a phrase
referencing a Connection-type operation.
8. Section 1 C. will not apply to prevent the Company or any affiliate from acquiring
control of a domestic air carrier that operates aircraft other than permitted aircraft types
(a domestic air carrier that the Company or any affiliate acquires control of is referred to
for purposes of Section 1 D. 8. as an “acquired airline”) and operating such acquired
airline pending a merger of the Company and the acquired airline, provided that:
a. the Company agrees to operationally merge with the acquired airline and become a
single corporation, a single carrier under the Federal Aviation Act and the Railway
Labor Act, with a single air carrier certificate, a single pilot class or craft, not later
than six months after the later of:
1) the effective date of issuance of a final and binding integrated pilot seniority list,
or
2) the effective date of a single bargaining agreement.
b. the pilot seniority lists of the Company and the acquired airline will be integrated
pursuant to Association merger policy if both groups are represented by the
Association, or if the airmen of the acquired airline are not represented by the
Association, then pursuant to a method to be determined by the Delta MEC.
1) However, in either case, the integrated seniority list produced by the Association,
including any attendant conditions and restrictions, will be subject to the approval
of the Company, and will be submitted to the Company for approval within
twelve months of the date the Company or any affiliate acquired control of the
acquired airline. The Company will provide the Association with its decision as
to approval or disapproval (including its reasons for disapproval) of the integrated
seniority list produced by the Association within two months following receipt ofthe integrated seniority list. If the Association does not without good cause
produce and present an integrated seniority list to the Company for approval
within twelve months of the date the Company or any affiliate acquired control of
the acquired airline, the pilot and airman seniority lists of the Company and the
acquired airline, respectively, will be integrated pursuant to the arbitration
procedures set forth in Section 1 D. 8. b. 2).
2) If the Company rejects the list produced by the Association, the Association may
modify the list and resubmit it to the Company for approval within three months
after the date of such rejection, or at the election of the Association, the
Association and the Company will submit to an arbitrator mutually selected by the
Association and the Company for a final and binding decision, the choice of a list
produced by the Association and a list produced by the Company. If the seniority
list integration issue is to be submitted to an arbitrator and the Company and the
Association cannot agree on the selection of an arbitrator, the arbitrator will be
selected from the list of arbitrators referred to in Section 19, utilizing the alternate
strike-off method, with the right to first strike a name from such list determined
by the toss of a coin.
3) If the Association does not resubmit a modified list within the permitted time
period or does so resubmit a modified list but it is rejected by the Company, then
the matter will be decided through the arbitration procedure set forth in
Section 1 D. 8. b. 2).
c. wages and benefits for the airmen of the acquired airline, to be effective upon the
integration of the two seniority lists, will be negotiated between the Company and the
Association. Nothing herein will entitle either the Company or the Association to
negotiate any other provision of this PWA except as this PWA otherwise permits.
d. during the interim period the aircraft (including owned aircraft, leased aircraft, and all
orders to purchase aircraft) of each pre-merger airline will remain separated. Such
pre-merger aircraft of the Company will be operated by pilots in accordance with the
terms and conditions of this PWA. Such pre-merger aircraft of the acquired airline
will be operated by airmen on its seniority list. Nothing in Section 1 D. 8. d. will
apply to prevent the Company from removing any aircraft from the fleet of either
airline. In the event aircraft are removed from either fleet prior to the operational
merger the Company and its affiliates will make reasonable efforts consistent with the
then existing financial and operational needs of the service, to ensure that the ratio of
the total number of aircraft block hours operated by pilots to the aircraft block hours
operated by airmen of the acquired airline (“block hour ratio”) is not reduced below
the block hour ratio that existed on the date the Company or any affiliate acquired
control of the acquired airline.
1) during the interim period, any aircraft delivered to the Company which are of an
aircraft type operated by pilots in a Delta category (excluding any orders by the
acquired carrier, as listed in the most recent 10-K filing of that carrier (or an
affiliate of that carrier) preceding the merger announcement date), will be
operated by pilots in accordance with the terms and conditions of this PWA.
2) during the interim period, no less than X percent of all aircraft delivered to the
Company of each type not operated by the Company prior to the closing date
(excluding any orders by the acquired carrier, as listed in the most recent 10-Kfiling of that carrier (or an affiliate of that carrier) preceding the merger
announcement date), will be operated by pilots in accordance with the terms and
conditions of this PWA. X percent will equal the aggregate number of Company
aircraft block hours divided by the combined aircraft block hours of the Company
and the acquired carrier in the full twelve month period prior to the closing date.
e. during the interim period, the scheduled pilot block hours in any month will not be
less than the scheduled pilot block hours in the same month of the twelve-month
period prior to the closing date of the corporate transaction. The Company will be
excused from compliance with such minimum scheduled aircraft block hours
requirement if either a circumstance over which the Company does not have control,
or a governmental agency requirement causing the Company to reduce or cancel
service as a condition of approval of the transaction, is the cause of such noncompliance.
Except as provided in Sections 1 D., E., N., O. and Q.:
1. All flying performed by or for the Company or any affiliate will be performed by pilots in
accordance with the terms and conditions of this PWA.
2. Section 1 C. 1. includes without limitation all passenger flying, cargo flying, freight
flying, positioning flights and ferry flights (scheduled and non-scheduled, revenue and
non-revenue) and non-scheduled flights as defined in Section 2 of this PWA:
a. performed by or for the Company or any affiliate on aircraft owned, leased or
operated by the Company or any affiliate;
b. performed on aircraft under the operational control of the Company or any affiliate
(excluding advisory flight planning and following services provided by the Company
on a fee for service basis to other air carriers);
c. performed for the Company or any affiliate by any affiliate or other air carrier;
d. performed by any air carrier under or utilizing a designator code, trade name, brand,
logo, trademarks, service marks, aircraft livery or aircraft paint scheme currently or in
the future utilized by the Company or any affiliate, or performed on aircraft on which
the Company or any affiliate has purchased or reserved blocked space or blocked
seats for sale or resale to customers of the Company or any affiliate;
e. performed by Delta pilots for any other air carrier.
3. There will be no contracting or subcontracting of any Company flying to any other air
carrier or performance of Company flying by pilots of any other air carrier without the
prior written consent of the Delta MEC.
4. Nothing in Section 1 C. will be interpreted to cover flying performed by an air carrier
other than the Company or an affiliate, merely because of its participation in industry
standard interline agreements.
5. Nothing in Section 1 C. will be interpreted to cover flying performed by an air carrier
other than the Company or any affiliate, merely because of its participation in the
Company’s or any affiliate’s frequent flyer miles program under which passengers of such other carrier by frequent travel on board the aircraft of that carrier, may earn travel
or other awards.
6. Neither the Company nor any affiliate will establish or maintain a pilot base at any point
outside the United States unless all Company flying to and from such base is conducted
by pilots who continue at all times to be covered in all respects by this PWA and the
Railway Labor Act. Bidding and staffing for such base will be governed by the PWA
without regard to visa or immigration requirements.
7. The Company and its affiliates will not train, or contract for training of, persons other
than Delta pilots to perform Company flying.
8. The Delta name will be prominently displayed on all Company aircraft performing
Company flying.
9. As of October 30, 2008 and so long as Northwest is an affiliate operating as an air carrier:
a) the Company may, without limitation, place the DL code on NW flights and such
flights may be operated under or utilizing a designator code, trade name, brand, logo,
trademarks, service marks, aircraft livery or aircraft paint scheme currently or in the
future utilized by the Company, and
b) Section 1 C. 1. and Section 1 C. 2. do not apply to operations of Northwest, nor do
they apply to operations of an affiliate of Northwest on a permitted aircraft type.
D. Permitted Arrangement with Respect to Category A and C Operations
1. Section 1 C. will not apply to category A or C operations on any permitted aircraft type.
Exception: If a permitted aircraft type meets the certificated passenger seat requirement
of Section 1 B. 40. b. when first placed into service by a Delta Connection Carrier but is
subsequently certificated for operation in the United States with a maximum passenger
seating capacity in excess of 50 passenger seats, this permitted aircraft type may continue
to be operated by Delta Connection Carriers as long as all Delta Connection Carriers
operate such permitted aircraft type with no more than 50 passenger seats and with a
maximum certificated gross takeoff weight in the United States of 65,000 or fewer
pounds at all times.
2. If a domestic air carrier operates both permitted aircraft types and aircraft other than
permitted aircraft types, the exemption for that domestic air carrier provided by
Section 1 D. 1. will not apply unless:
a. the flying on aircraft other than permitted aircraft types is not performed for the
Company within the meaning of Section 1 C., and
b. there is no reduction in the level of the Company’s then existing system scheduled
aircraft block hours of flying as the result of the performance of such flying on other
than a permitted aircraft type, and
c. the aircraft other than a permitted aircraft type, is either a jet aircraft certificated for
operation in the United States for 106 or fewer passenger seats and configured with 97
or fewer passenger seats (provided that any jet aircraft configured with between 71
and 97 passenger seats is not flown for the Company or any affiliate and is not flown
on a city pair that is served by the Company or an affiliate) or a propeller driven
aircraft configured with 72 or fewer passenger seats, and is operated on its own behalf
or pursuant to agreement with an air carrier(s) other than the Company or an affiliate. Exception: If a carrier that performs category A or category C operations acquires an
aircraft that would cause the Company to no longer be in compliance with the
provisions of Section 1 D. 2. c., the Company will terminate such operations on the
date that is the later of the date such aircraft is placed in revenue service, or nine
months from the date that the Company first became aware of the potential
acquisition.
3. Section 1 C. will not apply to flying performed by any affiliate on permitted aircraft
types.
4. At least 85% of all category A and category C operations each month will be under 900
statute miles.
5. At least 90% of all category A and category C operations each month will operate to or
from Delta hubs, defined for this purpose as being Atlanta, Boston, Cincinnati,
Washington, D.C. (DCA and IAD), Orlando, Los Angeles, Salt Lake City, New York
(LGA and JFK), Fort Lauderdale and Tampa regardless of the number of daily
departures of Company flying at such airports, and Minneapolis, Detroit, Memphis,
Seattle and any other airport in a month in which such airport has more than 50 daily
departures of Company flying.
6. No more than 6% of category A and category C operations each month will be between
Delta hubs (as defined in Section 1 D. 5.). For purposes of Section 1 D. 6., Delta
Connection flying operated between FLL and TPA, FLL and MCO, TPA and MCO will
not be considered flying between Delta hubs.
7. Delta Connection flying aircraft will only bear the name “Delta” as part of a phrase
referencing a Connection-type operation.
8. Section 1 C. will not apply to prevent the Company or any affiliate from acquiring
control of a domestic air carrier that operates aircraft other than permitted aircraft types
(a domestic air carrier that the Company or any affiliate acquires control of is referred to
for purposes of Section 1 D. 8. as an “acquired airline”) and operating such acquired
airline pending a merger of the Company and the acquired airline, provided that:
a. the Company agrees to operationally merge with the acquired airline and become a
single corporation, a single carrier under the Federal Aviation Act and the Railway
Labor Act, with a single air carrier certificate, a single pilot class or craft, not later
than six months after the later of:
1) the effective date of issuance of a final and binding integrated pilot seniority list,
or
2) the effective date of a single bargaining agreement.
b. the pilot seniority lists of the Company and the acquired airline will be integrated
pursuant to Association merger policy if both groups are represented by the
Association, or if the airmen of the acquired airline are not represented by the
Association, then pursuant to a method to be determined by the Delta MEC.
1) However, in either case, the integrated seniority list produced by the Association,
including any attendant conditions and restrictions, will be subject to the approval
of the Company, and will be submitted to the Company for approval within
twelve months of the date the Company or any affiliate acquired control of the
acquired airline. The Company will provide the Association with its decision as
to approval or disapproval (including its reasons for disapproval) of the integrated
seniority list produced by the Association within two months following receipt ofthe integrated seniority list. If the Association does not without good cause
produce and present an integrated seniority list to the Company for approval
within twelve months of the date the Company or any affiliate acquired control of
the acquired airline, the pilot and airman seniority lists of the Company and the
acquired airline, respectively, will be integrated pursuant to the arbitration
procedures set forth in Section 1 D. 8. b. 2).
2) If the Company rejects the list produced by the Association, the Association may
modify the list and resubmit it to the Company for approval within three months
after the date of such rejection, or at the election of the Association, the
Association and the Company will submit to an arbitrator mutually selected by the
Association and the Company for a final and binding decision, the choice of a list
produced by the Association and a list produced by the Company. If the seniority
list integration issue is to be submitted to an arbitrator and the Company and the
Association cannot agree on the selection of an arbitrator, the arbitrator will be
selected from the list of arbitrators referred to in Section 19, utilizing the alternate
strike-off method, with the right to first strike a name from such list determined
by the toss of a coin.
3) If the Association does not resubmit a modified list within the permitted time
period or does so resubmit a modified list but it is rejected by the Company, then
the matter will be decided through the arbitration procedure set forth in
Section 1 D. 8. b. 2).
c. wages and benefits for the airmen of the acquired airline, to be effective upon the
integration of the two seniority lists, will be negotiated between the Company and the
Association. Nothing herein will entitle either the Company or the Association to
negotiate any other provision of this PWA except as this PWA otherwise permits.
d. during the interim period the aircraft (including owned aircraft, leased aircraft, and all
orders to purchase aircraft) of each pre-merger airline will remain separated. Such
pre-merger aircraft of the Company will be operated by pilots in accordance with the
terms and conditions of this PWA. Such pre-merger aircraft of the acquired airline
will be operated by airmen on its seniority list. Nothing in Section 1 D. 8. d. will
apply to prevent the Company from removing any aircraft from the fleet of either
airline. In the event aircraft are removed from either fleet prior to the operational
merger the Company and its affiliates will make reasonable efforts consistent with the
then existing financial and operational needs of the service, to ensure that the ratio of
the total number of aircraft block hours operated by pilots to the aircraft block hours
operated by airmen of the acquired airline (“block hour ratio”) is not reduced below
the block hour ratio that existed on the date the Company or any affiliate acquired
control of the acquired airline.
1) during the interim period, any aircraft delivered to the Company which are of an
aircraft type operated by pilots in a Delta category (excluding any orders by the
acquired carrier, as listed in the most recent 10-K filing of that carrier (or an
affiliate of that carrier) preceding the merger announcement date), will be
operated by pilots in accordance with the terms and conditions of this PWA.
2) during the interim period, no less than X percent of all aircraft delivered to the
Company of each type not operated by the Company prior to the closing date
(excluding any orders by the acquired carrier, as listed in the most recent 10-Kfiling of that carrier (or an affiliate of that carrier) preceding the merger
announcement date), will be operated by pilots in accordance with the terms and
conditions of this PWA. X percent will equal the aggregate number of Company
aircraft block hours divided by the combined aircraft block hours of the Company
and the acquired carrier in the full twelve month period prior to the closing date.
e. during the interim period, the scheduled pilot block hours in any month will not be
less than the scheduled pilot block hours in the same month of the twelve-month
period prior to the closing date of the corporate transaction. The Company will be
excused from compliance with such minimum scheduled aircraft block hours
requirement if either a circumstance over which the Company does not have control,
or a governmental agency requirement causing the Company to reduce or cancel
service as a condition of approval of the transaction, is the cause of such noncompliance.
#85
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And the definitions section:
B. Definitions
1. “Affiliate” means:
3. “Alaska hub” means SEA, ANC, LAX and any other airport having a monthly average of
at least 100 Alaska scheduled flight departures per day.
4. “Alaska marketing agreement” means the document titled “Marketing Agreement”
signed on March 1, 2004 by Delta, Alaska and Horizon Air Industries, Inc., as from time
to time amended.
5. “AS” means Alaska Airlines, Inc. and any carrier to the extent of its category B
operations using the AS code.
6. “Category A operation” means the operation of a flight segment by a Delta Connection
Carrier:
operation) by a Delta Connection Carrier under the DL code pursuant to a prorate
agreement with Delta.
9. “Circumstance over which the Company does not have control,” for the purposes of
Section 1, means a circumstance that includes, but is not limited to, a natural disaster;
labor dispute; grounding of a substantial number of the Company’s aircraft by a
government agency; reduction in flying operations because of a decrease in available fuel
supply or other critical materials due to either governmental action or commercial
suppliers being unable to provide sufficient fuel or other critical materials for the
Company’s operations; revocation of the Company’s operating certificate(s); war
emergency; owner’s delay in delivery of aircraft scheduled for delivery; manufacturer’s
delay in delivery of new aircraft scheduled for delivery. The term “circumstance over
which the Company does not have control” will not include the price of fuel or other
supplies, the price of aircraft, the state of the economy, the financial state of the
Company, or the relative profitability or unprofitability of the Company’s then-current
operations.
10. “CO” means Continental and any carrier to the extent of its category B operations using
the CO code.
11. “Code” means the unique two character designator code assigned to an airline by the
International Air Transport Association (IATA). If IATA assigns or has assigned more
than one designator code for use by Delta, Continental, Alaska, or Hawaiian or by a
subsidiary of Delta, Continental, or Alaska then such additional designator code(s) will
be included within the DL code, CO code, AS code, or HA code, respectively.
12. “Company” means Delta Air Lines, Inc.
13. “Company flying” means all flying reserved under Section 1 C. for performance by
pilots.
14. “Continental” means Continental Airlines, Inc. (and Continental Micronesia, Inc. to the
extent that Continental Micronesia, Inc. operates pursuant to the collective bargaining
agreement between Continental Airlines, Inc. and the Association).
15. “Continental hub” means IAH, EWR, CLE and any other airport having a monthly
average of at least 100 Continental scheduled flight departures per day.
16. “Control” for the purposes of Section 1, will exist by entity A over entity B, only if A,
whether directly or indirectly through the control of other entities:
18. “Delta Connection Carrier” means a domestic air carrier that conducts flying under
Section 1 D.
19. “Delta Connection flying” means flying conducted by a Delta Connection Carrier for the
Company.
20. “Delta hub” means ATL, CVG, LAX, SLC, MSP, DTW, MEM and any other airport
having a monthly average of at least 100 Delta scheduled flight departures per day.
Exception: SEA is not a Delta hub, regardless of the number of scheduled flight
departures.
21. “DL” means:
23. “Entity” means a natural person, corporation, association, partnership, trust or any other
form for conducting business, and any combination or concert of any of the foregoing.
24. “Flight segment”, for the purposes of Section 1, means the operation of an aircraft with
one takeoff and one landing.
25. “Foreign air carrier” means an air carrier other than a domestic air carrier.
26. “Fragmentation transaction” means a transaction (other than a successor transaction) in
which the Company or an affiliate (other than an affiliate performing flying only on
permitted aircraft types) disposes of aircraft, route authority or slots (net of aircraft, route
authority or slots acquired within the 12 month period preceding such transaction or
acquired in a related transaction), which produced 12% or more of the operating revenue,
block hours or available seat miles of the Company (excluding revenue, block hours oravailable seat miles of affiliates performing flying only on permitted aircraft types)
during the 12 months immediately prior to the date of the agreement resulting in the
fragmentation transaction.
27. “Hub to hub” means a flight segment between a Delta hub and a Continental or Alaska
hub.
28. “Hub to hub baseline ratio”
between or among two or more carriers, such as the International Air Transport
Association’s “multilateral interline traffic agreements”, or an “interline ticket and
baggage agreement”, establishing rights and obligations relating to the acceptance and
accommodation of interline passengers and shipments.
30. “International operation” means a flight segment to or from an airport, or between
airports, located outside the contiguous 48 states of the United States.
Exception: A flight segment to or from an airport located in Canada or Alaska will not
be considered an international operation.
31. “International partner flying” means flying performed by any foreign air carrier (which is
not an affiliate):
of the United States.
33. “Material change” means an amendment to the Northwest/Continental marketing
agreement, the Alaska marketing agreement or the Hawaiian marketing agreement that:
35. “Northwest” means Northwest Airlines, Inc.
36. “Continental marketing agreement” means the document titled “Marketing Agreement”
signed on August 22, 2002 by Delta and Continental, as from time to time amended.
37. “Interim period” means the period between the closing date of the corporate transaction
pursuant to which the Company or any affiliate acquires control of the acquired airline
(the “closing date”) and the later of the effective date of an integrated seniority list or the
effective date of a single collective bargaining agreement covering the pilots and airmen
involved.
38. “NW” means:
40. “Permitted aircraft type” means:
between Delta Air Lines, Inc. and the air line pilots in the service of Delta Air Lines, Inc.
as represented by the Air Line Pilots Association International, together with all effective
amendments, supplemental agreements, letters of agreement, and letters of understanding
between the Company and the Association.
42. “Profit/loss sharing agreement” means an agreement or arrangement (other than an
industry standard interline agreement) that provides for the sharing of profits or losses
between or among the Company or an affiliate and another carrier or other carriers in
connection with the Company’s and other carrier or carriers’ carriage of passengers. The
arrangement between the Company and any affiliate Delta Connection Carriers is not a
profit/loss sharing agreement.
43. “Prorate Agreement” means an agreement between the Company and another carrier for
the proration of interline revenue between them, under a standard interline prorate
formula, and in a manner that provides no economic benefit to the Company other than
from the carriage of passengers by the Company. The term "economic benefit" does not
include the reimbursement of distribution costs or industry standard interline service
charges.
44. “Scheduled block hour” means an hour of scheduled block time.
45. Reserved
46. “Subsidiary” means any entity that is controlled by another entity.
47. “United States” means the United States and its possessions and territories including but
not limited to the Commonwealth of Puerto Rico. 48. “Pilot” means an employee of Delta Air Lines, Inc. whose name appears on the Delta Air
Lines Pilots’ system seniority list.
Note one: The defined term “pilot” when used with respect to allocations under LOA
#14 (Carryover LOA paragraph 4. C., referencing Bankruptcy Protection Covenant, 2006
PWA) on account of the ALPA Claim or the ALPA Notes does not limit the authority of
the Delta MEC to determine eligibility for allocation of the ALPA Claim or the ALPA
Notes among persons who are pilots, former pilots, or their survivors.
Note two: For ease of reading in Section 1, the defined term “pilot” may be modified by
the word “Delta.” Such modification does not change the meaning of the defined term
“pilot.”
49. “Merger agreement” means the agreement between Delta Air Lines, Inc. and Northwest
Airlines Corporation, described in the Transaction Framework Agreement, dated as of
April 14, 2008, by Delta Air Lines, Inc and the Air Line Pilots Association, International.
50. “Hawaiian” or “HA” means Hawaiian Airlines, Inc.
51. “Hawaiian marketing agreement” means the document titled “Marketing Agreement”
signed on June 11, 2007 by Delta and Hawaiian as from time to time amended.
1. “Affiliate” means:
a. any subsidiary, parent or division of the Company,
b. any other subsidiary, parent or division of either a parent or a subsidiary of the
Company, or
c. any entity that controls the Company or is controlled by the Company whether
directly or indirectly through the control of other entities.
2. “Alaska” means Alaska Airlines, Inc.b. any other subsidiary, parent or division of either a parent or a subsidiary of the
Company, or
c. any entity that controls the Company or is controlled by the Company whether
directly or indirectly through the control of other entities.
3. “Alaska hub” means SEA, ANC, LAX and any other airport having a monthly average of
at least 100 Alaska scheduled flight departures per day.
4. “Alaska marketing agreement” means the document titled “Marketing Agreement”
signed on March 1, 2004 by Delta, Alaska and Horizon Air Industries, Inc., as from time
to time amended.
5. “AS” means Alaska Airlines, Inc. and any carrier to the extent of its category B
operations using the AS code.
6. “Category A operation” means the operation of a flight segment by a Delta Connection
Carrier:
a. that is an affiliate, or
b. using the DL code under an agreement with Delta that is not a prorate agreement.
7. “Category B operation” means the operation of a flight segment by a domestic air carrier:b. using the DL code under an agreement with Delta that is not a prorate agreement.
a. that:
1) controls Continental or Alaska, or
2) is controlled by Continental or Alaska whether directly or indirectly through the
control of other entities, or
3) is under common control with Continental or Alaska, or
4) operates such flight segment under any of the CO or AS code(s) under an
agreement with Continental or Alaska respectively, other than a prorate
agreement,
and,
b. that only operates:
1) aircraft that:
a) are certificated for operation in the United States for 70 or fewer passenger
seats, and
b) have a maximum certificated gross takeoff weight in the United States of
85,000 or fewer pounds; and/or
2) Bombardier Q-400 aircraft (under the terms and conditions of the Alaska Pilot
Working Agreement).
8. “Category C operation” means the operation of a flight segment (other than a category B1) controls Continental or Alaska, or
2) is controlled by Continental or Alaska whether directly or indirectly through the
control of other entities, or
3) is under common control with Continental or Alaska, or
4) operates such flight segment under any of the CO or AS code(s) under an
agreement with Continental or Alaska respectively, other than a prorate
agreement,
and,
b. that only operates:
1) aircraft that:
a) are certificated for operation in the United States for 70 or fewer passenger
seats, and
b) have a maximum certificated gross takeoff weight in the United States of
85,000 or fewer pounds; and/or
2) Bombardier Q-400 aircraft (under the terms and conditions of the Alaska Pilot
Working Agreement).
operation) by a Delta Connection Carrier under the DL code pursuant to a prorate
agreement with Delta.
9. “Circumstance over which the Company does not have control,” for the purposes of
Section 1, means a circumstance that includes, but is not limited to, a natural disaster;
labor dispute; grounding of a substantial number of the Company’s aircraft by a
government agency; reduction in flying operations because of a decrease in available fuel
supply or other critical materials due to either governmental action or commercial
suppliers being unable to provide sufficient fuel or other critical materials for the
Company’s operations; revocation of the Company’s operating certificate(s); war
emergency; owner’s delay in delivery of aircraft scheduled for delivery; manufacturer’s
delay in delivery of new aircraft scheduled for delivery. The term “circumstance over
which the Company does not have control” will not include the price of fuel or other
supplies, the price of aircraft, the state of the economy, the financial state of the
Company, or the relative profitability or unprofitability of the Company’s then-current
operations.
10. “CO” means Continental and any carrier to the extent of its category B operations using
the CO code.
11. “Code” means the unique two character designator code assigned to an airline by the
International Air Transport Association (IATA). If IATA assigns or has assigned more
than one designator code for use by Delta, Continental, Alaska, or Hawaiian or by a
subsidiary of Delta, Continental, or Alaska then such additional designator code(s) will
be included within the DL code, CO code, AS code, or HA code, respectively.
12. “Company” means Delta Air Lines, Inc.
13. “Company flying” means all flying reserved under Section 1 C. for performance by
pilots.
14. “Continental” means Continental Airlines, Inc. (and Continental Micronesia, Inc. to the
extent that Continental Micronesia, Inc. operates pursuant to the collective bargaining
agreement between Continental Airlines, Inc. and the Association).
15. “Continental hub” means IAH, EWR, CLE and any other airport having a monthly
average of at least 100 Continental scheduled flight departures per day.
16. “Control” for the purposes of Section 1, will exist by entity A over entity B, only if A,
whether directly or indirectly through the control of other entities:
a. owns securities that constitute and/or are exchangeable into, exercisable for or
convertible into more than:
1) 30 percent (49 percent with respect to the Company’s interest in a foreign air
carrier) of B’s outstanding common stock, or if stock in addition to common stock
has voting power, then 2) 30 percent (49 percent with respect to the Company’s interest in a foreign air
carrier) of the voting power of all outstanding securities of B entitled to vote
generally for the election of members of B’s Board of Directors or similar
governing body, or
b. has the power or right to manage or direct the management of all or substantially all
of B’s air carrier operations, or
c. has the power or right to designate or provide all or substantially all of B’s officers, or
d. has the power or right to provide a majority of the following management services for
B: capacity planning, financial planning, strategic planning, market planning,
marketing and sales, technical operations, flight operations, and human resources
activities, or
e. has the power or right to appoint or elect or prevent the appointment or election of a
majority of B’s Board of Directors, or other governing body having substantially the
powers and duties of a Board of Directors, or
f. has the power or right to appoint or elect or to prevent the appointment or election of
a minority of B’s Board of Directors or similar governing body, but only if such
minority has the power or right to appoint or remove B’s Chief Executive Officer, or
President, or Chief Operating Officer, or the majority membership of the Executive
Committee or similar committee on B’s Board of Directors, or the majority
membership of at least one-half of B’s Board committees.
17. “Delta” means the Company.convertible into more than:
1) 30 percent (49 percent with respect to the Company’s interest in a foreign air
carrier) of B’s outstanding common stock, or if stock in addition to common stock
has voting power, then 2) 30 percent (49 percent with respect to the Company’s interest in a foreign air
carrier) of the voting power of all outstanding securities of B entitled to vote
generally for the election of members of B’s Board of Directors or similar
governing body, or
b. has the power or right to manage or direct the management of all or substantially all
of B’s air carrier operations, or
c. has the power or right to designate or provide all or substantially all of B’s officers, or
d. has the power or right to provide a majority of the following management services for
B: capacity planning, financial planning, strategic planning, market planning,
marketing and sales, technical operations, flight operations, and human resources
activities, or
e. has the power or right to appoint or elect or prevent the appointment or election of a
majority of B’s Board of Directors, or other governing body having substantially the
powers and duties of a Board of Directors, or
f. has the power or right to appoint or elect or to prevent the appointment or election of
a minority of B’s Board of Directors or similar governing body, but only if such
minority has the power or right to appoint or remove B’s Chief Executive Officer, or
President, or Chief Operating Officer, or the majority membership of the Executive
Committee or similar committee on B’s Board of Directors, or the majority
membership of at least one-half of B’s Board committees.
18. “Delta Connection Carrier” means a domestic air carrier that conducts flying under
Section 1 D.
19. “Delta Connection flying” means flying conducted by a Delta Connection Carrier for the
Company.
20. “Delta hub” means ATL, CVG, LAX, SLC, MSP, DTW, MEM and any other airport
having a monthly average of at least 100 Delta scheduled flight departures per day.
Exception: SEA is not a Delta hub, regardless of the number of scheduled flight
departures.
21. “DL” means:
a. Delta,
b. its affiliates, and
c. any other carrier to the extent of its category A operations of flight segments using
the DL code.
22. “Domestic air carrier” means an air carrier as defined in 49 U.S.C. Section 40102(a)(2).b. its affiliates, and
c. any other carrier to the extent of its category A operations of flight segments using
the DL code.
23. “Entity” means a natural person, corporation, association, partnership, trust or any other
form for conducting business, and any combination or concert of any of the foregoing.
24. “Flight segment”, for the purposes of Section 1, means the operation of an aircraft with
one takeoff and one landing.
25. “Foreign air carrier” means an air carrier other than a domestic air carrier.
26. “Fragmentation transaction” means a transaction (other than a successor transaction) in
which the Company or an affiliate (other than an affiliate performing flying only on
permitted aircraft types) disposes of aircraft, route authority or slots (net of aircraft, route
authority or slots acquired within the 12 month period preceding such transaction or
acquired in a related transaction), which produced 12% or more of the operating revenue,
block hours or available seat miles of the Company (excluding revenue, block hours oravailable seat miles of affiliates performing flying only on permitted aircraft types)
during the 12 months immediately prior to the date of the agreement resulting in the
fragmentation transaction.
27. “Hub to hub” means a flight segment between a Delta hub and a Continental or Alaska
hub.
28. “Hub to hub baseline ratio”
a. “CO hub to hub baseline ratio” means the ratio of X divided by Y where:
1) X is the aggregate number of DL flight segments scheduled to operate between
Delta hubs and Continental hubs during 2002, and
2) Y is the aggregate number of flight segments scheduled to operate under the CO
code between Delta hubs and Continental hubs during 2002.
b. “Continental hub to hub baseline ratio” means the ratio of X divided by Y where:
1) X is the aggregate number of Delta flight segments scheduled to operate between
Delta hubs and Continental hubs during 2002, and
2) Y is the aggregate number of Continental flight segments scheduled to operate
between Delta hubs and Continental hubs during 2002.
29. “Industry standard interline agreement” means an agreement or other arrangement1) X is the aggregate number of DL flight segments scheduled to operate between
Delta hubs and Continental hubs during 2002, and
2) Y is the aggregate number of flight segments scheduled to operate under the CO
code between Delta hubs and Continental hubs during 2002.
b. “Continental hub to hub baseline ratio” means the ratio of X divided by Y where:
1) X is the aggregate number of Delta flight segments scheduled to operate between
Delta hubs and Continental hubs during 2002, and
2) Y is the aggregate number of Continental flight segments scheduled to operate
between Delta hubs and Continental hubs during 2002.
between or among two or more carriers, such as the International Air Transport
Association’s “multilateral interline traffic agreements”, or an “interline ticket and
baggage agreement”, establishing rights and obligations relating to the acceptance and
accommodation of interline passengers and shipments.
30. “International operation” means a flight segment to or from an airport, or between
airports, located outside the contiguous 48 states of the United States.
Exception: A flight segment to or from an airport located in Canada or Alaska will not
be considered an international operation.
31. “International partner flying” means flying performed by any foreign air carrier (which is
not an affiliate):
a. under or utilizing a designator code, trade name, brand, logo, trademarks, service
marks, aircraft livery or aircraft paint scheme currently or in the future utilized by the
Company or any affiliate, and/or
b. on aircraft on which the Company or any affiliate has purchased or reserved blocked
space or blocked seats for sale or resale to customers of the Company or any affiliate.
32. “Mainland United States”, for the purposes of Section 1, means the contiguous 48 statesmarks, aircraft livery or aircraft paint scheme currently or in the future utilized by the
Company or any affiliate, and/or
b. on aircraft on which the Company or any affiliate has purchased or reserved blocked
space or blocked seats for sale or resale to customers of the Company or any affiliate.
of the United States.
33. “Material change” means an amendment to the Northwest/Continental marketing
agreement, the Alaska marketing agreement or the Hawaiian marketing agreement that:
a. affects the codeshare or prorate terms or conditions of the Northwest/Continental
marketing agreement, the Alaska marketing agreement, or the Hawaiian marketing
agreement and,
b. has or would have an adverse material economic impact on:
1) the structure or benefits of the Northwest/Continental marketing agreement, the
Alaska marketing agreement, or the Hawaiian marketing agreement to Delta, or
2) a substantial number of the Delta pilots.
34. “Month”, for the purposes of Section 1, means calendar month.marketing agreement, the Alaska marketing agreement, or the Hawaiian marketing
agreement and,
b. has or would have an adverse material economic impact on:
1) the structure or benefits of the Northwest/Continental marketing agreement, the
Alaska marketing agreement, or the Hawaiian marketing agreement to Delta, or
2) a substantial number of the Delta pilots.
35. “Northwest” means Northwest Airlines, Inc.
36. “Continental marketing agreement” means the document titled “Marketing Agreement”
signed on August 22, 2002 by Delta and Continental, as from time to time amended.
37. “Interim period” means the period between the closing date of the corporate transaction
pursuant to which the Company or any affiliate acquires control of the acquired airline
(the “closing date”) and the later of the effective date of an integrated seniority list or the
effective date of a single collective bargaining agreement covering the pilots and airmen
involved.
38. “NW” means:
a. Northwest,
b. an affiliate of Northwest as of the day preceding October 30, 2008 to the extent it
remains an affiliate after October 30, 2008, and
c. any other carrier to the extent of its operations of flight segments for Northwest under
other than a prorate agreement.
39. “Parent” means any entity that controls another entity.b. an affiliate of Northwest as of the day preceding October 30, 2008 to the extent it
remains an affiliate after October 30, 2008, and
c. any other carrier to the extent of its operations of flight segments for Northwest under
other than a prorate agreement.
40. “Permitted aircraft type” means:
a. a propeller-driven aircraft configured with 70 or fewer passenger seats and with a
maximum certificated gross takeoff weight in the United States of 70,000 or fewer
pounds, and
b. a jet aircraft certificated for operation in the United States for 50 or fewer passenger
seats and with a maximum certificated gross takeoff weight in the United States of
65,000 or fewer pounds, and
c. one of up to 255 jet aircraft configured with 51-70 passenger seats and certificated in
the United States with a maximum gross takeoff weight of 86,000 pounds or less
(“70-seat jets”), and
d. one of up to 120 jet aircraft configured with 71-76 passenger seats and certificated in
the United States with a maximum gross takeoff weight of 86,000 pounds or less
(“76-seat jets”). The number of 76-seat jets may be increased above 120 by three
76-seat jets for each aircraft above the number of aircraft in the baseline fleet
operated by the Company (in service, undergoing maintenance and operational
spares) as of October 30, 2008. The baseline fleet number will be 440+N, in which
N is the number of aircraft (in service, undergoing maintenance and operational
spares but not including permitted aircraft types) added to the Company’s baseline
fleet from NWA. The number and type of all aircraft in the Company’s fleet on
October 30, 2008 will be provided to the Association. The number of 70-seat jets
plus 76-seat jets permitted by Section 1 B. 40. may not exceed 255.
Exception: Up to the 36 EMB-175s that were operated and/or ordered by Northwest
prior to October 30, 2008 may continue to be operated with up to a maximum gross
takeoff weight of 89,000 pounds.
e. once the number of permitted 76-seat jets is established, it will not be reduced.
Exception one: If a pilot on the seniority list with an employment date prior to
September 1, 2001 is placed on furlough, the Company will convert all 76-seat jets
for operation as 70-seat jets.
Exception two: In the event the flow provisions of NWA LOA 2006-10 and LOA
2006-14 cease to be available, either at the feeder carrier affiliate referenced in such
LOAs or at another carrier, the number of jet aircraft configured with 71-76 passenger
seats specified in Section 1 B. 40. d. will revert to 85.
f. a carrier that operates any of the 70- or 76-seat jets not being operated as of
November 1, 2004, may do so only if that carrier and the Company have agreed to
terms for a preferential hiring process for pilots furloughed by the Company (i.e., a
pilot furloughed by the Company will be given preferential hiring at a Delta
Connection Carrier if he completes all new hire paper work, meets all new hire
airman and medical qualifications, satisfies background checks and successfully
completes an interview). The Company will offer preferential interviews for
employment to airmen employed by a Delta Connection Carrier that offers
preferential hiring to such furloughed pilots, subject to the Company’s objectives for
diversity and experience among newly hired pilots, and subject to the Company’s
hiring obligations under the NWA CBA LOAs as they appear in LOA #9 (i.e., NWA
LOA 2006-10, 2006-14, and 2008-01). A pilot hired by a Delta Connection Carrier
operating any of the 70- or 76-seat jets not being operated as of November 1, 2004
will not be required to resign his Delta seniority number in order to be hired by such
carrier. Preferential hiring rights at Delta Connection Carriers for pilots furloughed
by the Company provided herein will be in addition to any flow down rights such
furloughed pilots may have pursuant to the NWA CBA LOAs as they appear in LOA
#9 (i.e., NWA LOA 2006-10, 2006-14, and 2008-01). These provisions will apply to
carriers that operate 70- or 76-seat jets for the Company as a result of a merger
transaction no later than one year after the closing date.
g. the Company will offer preferential interviews for employment to airmen employed
by carriers (whose airmen were represented by the Association) at the time those
carriers ceased operations, subject to the Company’s objectives for diversity and
experience among newly hired pilots and subject to Section 1 B. 40. f.
41. “Pilot Working Agreement” or “PWA” means the basic collective bargaining agreementmaximum certificated gross takeoff weight in the United States of 70,000 or fewer
pounds, and
b. a jet aircraft certificated for operation in the United States for 50 or fewer passenger
seats and with a maximum certificated gross takeoff weight in the United States of
65,000 or fewer pounds, and
c. one of up to 255 jet aircraft configured with 51-70 passenger seats and certificated in
the United States with a maximum gross takeoff weight of 86,000 pounds or less
(“70-seat jets”), and
d. one of up to 120 jet aircraft configured with 71-76 passenger seats and certificated in
the United States with a maximum gross takeoff weight of 86,000 pounds or less
(“76-seat jets”). The number of 76-seat jets may be increased above 120 by three
76-seat jets for each aircraft above the number of aircraft in the baseline fleet
operated by the Company (in service, undergoing maintenance and operational
spares) as of October 30, 2008. The baseline fleet number will be 440+N, in which
N is the number of aircraft (in service, undergoing maintenance and operational
spares but not including permitted aircraft types) added to the Company’s baseline
fleet from NWA. The number and type of all aircraft in the Company’s fleet on
October 30, 2008 will be provided to the Association. The number of 70-seat jets
plus 76-seat jets permitted by Section 1 B. 40. may not exceed 255.
Exception: Up to the 36 EMB-175s that were operated and/or ordered by Northwest
prior to October 30, 2008 may continue to be operated with up to a maximum gross
takeoff weight of 89,000 pounds.
e. once the number of permitted 76-seat jets is established, it will not be reduced.
Exception one: If a pilot on the seniority list with an employment date prior to
September 1, 2001 is placed on furlough, the Company will convert all 76-seat jets
for operation as 70-seat jets.
Exception two: In the event the flow provisions of NWA LOA 2006-10 and LOA
2006-14 cease to be available, either at the feeder carrier affiliate referenced in such
LOAs or at another carrier, the number of jet aircraft configured with 71-76 passenger
seats specified in Section 1 B. 40. d. will revert to 85.
f. a carrier that operates any of the 70- or 76-seat jets not being operated as of
November 1, 2004, may do so only if that carrier and the Company have agreed to
terms for a preferential hiring process for pilots furloughed by the Company (i.e., a
pilot furloughed by the Company will be given preferential hiring at a Delta
Connection Carrier if he completes all new hire paper work, meets all new hire
airman and medical qualifications, satisfies background checks and successfully
completes an interview). The Company will offer preferential interviews for
employment to airmen employed by a Delta Connection Carrier that offers
preferential hiring to such furloughed pilots, subject to the Company’s objectives for
diversity and experience among newly hired pilots, and subject to the Company’s
hiring obligations under the NWA CBA LOAs as they appear in LOA #9 (i.e., NWA
LOA 2006-10, 2006-14, and 2008-01). A pilot hired by a Delta Connection Carrier
operating any of the 70- or 76-seat jets not being operated as of November 1, 2004
will not be required to resign his Delta seniority number in order to be hired by such
carrier. Preferential hiring rights at Delta Connection Carriers for pilots furloughed
by the Company provided herein will be in addition to any flow down rights such
furloughed pilots may have pursuant to the NWA CBA LOAs as they appear in LOA
#9 (i.e., NWA LOA 2006-10, 2006-14, and 2008-01). These provisions will apply to
carriers that operate 70- or 76-seat jets for the Company as a result of a merger
transaction no later than one year after the closing date.
g. the Company will offer preferential interviews for employment to airmen employed
by carriers (whose airmen were represented by the Association) at the time those
carriers ceased operations, subject to the Company’s objectives for diversity and
experience among newly hired pilots and subject to Section 1 B. 40. f.
between Delta Air Lines, Inc. and the air line pilots in the service of Delta Air Lines, Inc.
as represented by the Air Line Pilots Association International, together with all effective
amendments, supplemental agreements, letters of agreement, and letters of understanding
between the Company and the Association.
42. “Profit/loss sharing agreement” means an agreement or arrangement (other than an
industry standard interline agreement) that provides for the sharing of profits or losses
between or among the Company or an affiliate and another carrier or other carriers in
connection with the Company’s and other carrier or carriers’ carriage of passengers. The
arrangement between the Company and any affiliate Delta Connection Carriers is not a
profit/loss sharing agreement.
43. “Prorate Agreement” means an agreement between the Company and another carrier for
the proration of interline revenue between them, under a standard interline prorate
formula, and in a manner that provides no economic benefit to the Company other than
from the carriage of passengers by the Company. The term "economic benefit" does not
include the reimbursement of distribution costs or industry standard interline service
charges.
44. “Scheduled block hour” means an hour of scheduled block time.
45. Reserved
46. “Subsidiary” means any entity that is controlled by another entity.
47. “United States” means the United States and its possessions and territories including but
not limited to the Commonwealth of Puerto Rico. 48. “Pilot” means an employee of Delta Air Lines, Inc. whose name appears on the Delta Air
Lines Pilots’ system seniority list.
Note one: The defined term “pilot” when used with respect to allocations under LOA
#14 (Carryover LOA paragraph 4. C., referencing Bankruptcy Protection Covenant, 2006
PWA) on account of the ALPA Claim or the ALPA Notes does not limit the authority of
the Delta MEC to determine eligibility for allocation of the ALPA Claim or the ALPA
Notes among persons who are pilots, former pilots, or their survivors.
Note two: For ease of reading in Section 1, the defined term “pilot” may be modified by
the word “Delta.” Such modification does not change the meaning of the defined term
“pilot.”
49. “Merger agreement” means the agreement between Delta Air Lines, Inc. and Northwest
Airlines Corporation, described in the Transaction Framework Agreement, dated as of
April 14, 2008, by Delta Air Lines, Inc and the Air Line Pilots Association, International.
50. “Hawaiian” or “HA” means Hawaiian Airlines, Inc.
51. “Hawaiian marketing agreement” means the document titled “Marketing Agreement”
signed on June 11, 2007 by Delta and Hawaiian as from time to time amended.
#86
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Of course none of this would be necessary if the lawyers for ALPA were as good at writing scope clauses as the ones for the IBT, reference RAH's contract:
That's 338 words for their scope clause to our over 16,600. Yeah.
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 newlyacquired
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.
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 newlyacquired
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.
#87
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I'll always admit when I'm wrong and made a mistake.
This goes back to the way I see it, all roads lead to Rome here and Rome is RAH. In this one question presented thus far RAH has been found to be a STS. On the flip side if they had not been found to be a STS then there would be nothing here other than RAH failing the smell test. But now their gaming of the system has been shown to be beatable. Why not apply it to other questions?
Are 99 seat E190s not in violation of Delta's scope?
Either that was a violation of Delta scope or it wasn't, irrespective of an STS ruling involving Frontier Airlines. STS ruling for RAH employee union representation doesn't change a thing operationally or legally with regards to Brian Bedford's "gaming the system".
That’s not splitting hairs. But I think there was something different with the Eagle deal that was more akin to our Alaska deal. Not sure. But let's say Eagle owned by AMR becomes a full fledged Delta Connection carrier that yes I’d see that as a violation just as much as AMR saw RAH as violating their scope back in 05, which then created these multi-certificate airlines as a way to circumvent their scope and continue with what had already been found to be in violation of the APA contract, to be referred to hereafter as gaming the system.
Delta has a codeshare with American Eagle, owned by AMR Corp. AMR Corp also owns American Airlines, one of the largest airlines in the world, which operates aircraft larger than DAL scope allows, and does not have a business relationship with Delta.
If the intent is to prevent Delta revenues from supporting a competing airline - and I presume by your postings it is - then it would seem to me, reading the PWA language you posted, that if RAH is in violation of your contract then AMR is too.
This goes back to why hasn’t this been pursued before and that’s because of ALPA. The thing is to remember that ALPA lawyers are not the pilots lawyers. Their job is not to enforce our contract. Their job is to do what ALPA National wants them to do. If that’s to enforce the contract, they’ll do it, if it’s not to enforce it, they won’t. It’s not an automatic.
Now throw in trying to get RAH pilots to vote in ALPA and it makes sense why lawyers wouldn’t pursue contract violations. If ALPA only represented mainline carriers, I think you’d see them pursue this vigorously to do as what the pilots plainly see and that’s the precedent RAH is following encouraging other regionals to do the same.
Now throw in trying to get RAH pilots to vote in ALPA and it makes sense why lawyers wouldn’t pursue contract violations. If ALPA only represented mainline carriers, I think you’d see them pursue this vigorously to do as what the pilots plainly see and that’s the precedent RAH is following encouraging other regionals to do the same.
Even after the vigorous defense of CAL's 70-seat scope just a few months ago, when non-union Skywest (whose pilot group ALPA has courted numerous times) was the violator?
If so, then it sounds like a DFR lawsuit against ALPA would be the very best means of achieving your objectives. Good luck with that - if it gets as far as discovery, the info gleaned will be a hoot to see.
#88
Gets Weekends Off
Joined APC: Dec 2007
Posts: 691
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I don't pretend to have all the answers as you obviously do. However you find nothing wrong with blaming the generation one younger to yourself with all of the problems of today and all of the problems of the current state of the industry and then proceed to label them as the "me" generation? Talk about the epitome of self centerness. What have you done to better the current state of things? How do you feel about your grandkids paying off the massive debt your generation charged up? How do you feel knowing your kids will be paying your social security checks but will not see a single cent for themselves? If we are going to start labeling generations at least get the labels correct.
#90
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On iPhone, must post then quote.
The reason why RAH STS hasn't been pursued prior to now is ALPA didn't want to because, at least publically, they wouldn't win. There is no way to win a STS case they say, and still say, while someone has proven the opposite. There is reason to pursue it and if not pursued, well, there's a sizable thread dedicated to ousting ALPA over things far smaller than this.
Again, do I think ALPA national would throw Delta pilots under the bus in favor of regional representation? Yes.
Btw, I thought it was just ual and cal mec's pursuing to keep cal scope, I don't think national was supporting it. I can go check that cal forum but that was my understanding.
The reason why RAH STS hasn't been pursued prior to now is ALPA didn't want to because, at least publically, they wouldn't win. There is no way to win a STS case they say, and still say, while someone has proven the opposite. There is reason to pursue it and if not pursued, well, there's a sizable thread dedicated to ousting ALPA over things far smaller than this.
Again, do I think ALPA national would throw Delta pilots under the bus in favor of regional representation? Yes.
Btw, I thought it was just ual and cal mec's pursuing to keep cal scope, I don't think national was supporting it. I can go check that cal forum but that was my understanding.
I must have missed it then...my apologies.
I'll always admit when I'm wrong and made a mistake.
You STILL have not acknowledged the basic fact that prior to STS (which again, has NOTHING to do with operations but only with union representation for employees), Republic Airlines had been operating 99 seat E190s for over a year.
Are 99 seat E190s not in violation of Delta's scope?
Either that was a violation of Delta scope or it wasn't, irrespective of an STS ruling involving Frontier Airlines. STS ruling for RAH employee union representation doesn't change a thing operationally or legally with regards to Brian Bedford's "gaming the system".
Delta has a CPA with Shuttle America and Chautauqua, owned by Republic Airways Holdings. Republic Airways Holdings also owns Republic Airways and Frontier Airlines, both of which operate aircraft larger than DAL scope allows, and neither of which have a business relationship with Delta.
Delta has a codeshare with American Eagle, owned by AMR Corp. AMR Corp also owns American Airlines, one of the largest airlines in the world, which operates aircraft larger than DAL scope allows, and does not have a business relationship with Delta.
If the intent is to prevent Delta revenues from supporting a competing airline - and I presume by your postings it is - then it would seem to me, reading the PWA language you posted, that if RAH is in violation of your contract then AMR is too.
Do you really believe that ALPA National, in massive conspiracy to steal RAH away from the IBT at the expense of their largest pilot group which spawned the sitting ALPA President, has persuaded Delta MEC leadership, MEC officers, and Grievance Committee to not pursue a grievance on this issue - and told their lawyers assigned to your pilot group to not act on such a grievance in defense of your CBA?
Even after the vigorous defense of CAL's 70-seat scope just a few months ago, when non-union Skywest (whose pilot group ALPA has courted numerous times) was the violator?
If so, then it sounds like a DFR lawsuit against ALPA would be the very best means of achieving your objectives. Good luck with that - if it gets as far as discovery, the info gleaned will be a hoot to see.
I'll always admit when I'm wrong and made a mistake.
You STILL have not acknowledged the basic fact that prior to STS (which again, has NOTHING to do with operations but only with union representation for employees), Republic Airlines had been operating 99 seat E190s for over a year.
Are 99 seat E190s not in violation of Delta's scope?
Either that was a violation of Delta scope or it wasn't, irrespective of an STS ruling involving Frontier Airlines. STS ruling for RAH employee union representation doesn't change a thing operationally or legally with regards to Brian Bedford's "gaming the system".
Delta has a CPA with Shuttle America and Chautauqua, owned by Republic Airways Holdings. Republic Airways Holdings also owns Republic Airways and Frontier Airlines, both of which operate aircraft larger than DAL scope allows, and neither of which have a business relationship with Delta.
Delta has a codeshare with American Eagle, owned by AMR Corp. AMR Corp also owns American Airlines, one of the largest airlines in the world, which operates aircraft larger than DAL scope allows, and does not have a business relationship with Delta.
If the intent is to prevent Delta revenues from supporting a competing airline - and I presume by your postings it is - then it would seem to me, reading the PWA language you posted, that if RAH is in violation of your contract then AMR is too.
Do you really believe that ALPA National, in massive conspiracy to steal RAH away from the IBT at the expense of their largest pilot group which spawned the sitting ALPA President, has persuaded Delta MEC leadership, MEC officers, and Grievance Committee to not pursue a grievance on this issue - and told their lawyers assigned to your pilot group to not act on such a grievance in defense of your CBA?
Even after the vigorous defense of CAL's 70-seat scope just a few months ago, when non-union Skywest (whose pilot group ALPA has courted numerous times) was the violator?
If so, then it sounds like a DFR lawsuit against ALPA would be the very best means of achieving your objectives. Good luck with that - if it gets as far as discovery, the info gleaned will be a hoot to see.
Last edited by forgot to bid; 04-10-2011 at 03:48 PM.
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