Originally Posted by
NuGuy
Heyas T,
Let me repeat that...the sale of Compass was PREVENTED from happening unless there was a DC-9 replacement. There was NO facilitation to sell Compass until AFTER the JCBA. THEY COULDN'T SELL COMPASS UNTIL WE LET THEM.
This restriction was present in the fNWA PWA, and in the JCBA, it vanished. It was removed on purpose and was a relaxation in scope no matter how you slice it.
Nu
Please post that language.
Except as provided in Section 1 B.7.c.(7)(d)7', the Company or an Affiliate of the Company controls the Feeder Carrier Affiliate, and the Company or an Affiliate retains more than 50% of ownership of the Feeder Carrier Affiliate, and
If at least 10 77–110 seat aircraft have entered into active service at the Company the requirements of Section 1 B.7.c.(7)(d)6' shall no longer be effective, provided however that the carrier (the “Feeder Carrier Successor”) may nevertheless continue to operate as a Feeder Carrier under this subparagraph B.7.c.(7)(d), provided (i) the Feeder Carrier Successor remains in compliance with the provisions of Section 1 B.7.c.(7)(d)2' and Letter of Agreement 2006-10 (the “Flow Agreement”), (ii) all pilots of the Feeder Carrier Affiliate have the right to transfer to the Feeder Carrier Successor, and (iii) the Feeder Carrier Successor is in compliance with the successorship provisions of the pilot collective bargaining agreement of the Feeder Carrier Affiliate. In the event that the foregoing requirements of this subparagraph B.7.c.(7)(d)7' are met, the 51–76 seat aircraft upper cap of Section 1 B.7.c.(7)(a) shall continue to apply to the Feeder Carrier Successor, and;
In the event that (i) the requirements of Section 1 B.7.c.(7)(d)7' are not met, or (ii) the rights to pilot positions or flow rights set forth in Section 1 B.7.c.(7)(d)2' together with Letter of Agreement 2006-10 as they may apply to the Feeder Carrier Affiliate or Feeder Carrier Successor, are modified or terminated for any reason, other than through a written agreement between the Company and Association as representative of the Company’s pilots, the maximum number of 51–76 seat aircraft permitted by Section 1 B.7.c.(7)(a) shall be reduced to the lower cap (i.e. 55).
That is the language from your contract. It says that NWA had to retain at least 50% ownership unless one of two things happened:
A. They buy at least 10 aircraft with 77-110 seat capacity or
B. They have to comply with the lower cap of 51-76 seat aircraft in Section 1 B.7.c(7)(a).
That limit was complied with in the JCBA. There was a specific exception written into the old NWA contract to allow the sale.
What language are you referring to that precluded the sale?