Originally Posted by
acl65pilot
The measurement period metric and compliance proviso applies after we hit 49.5 or essentially 50-50. If that happens in any one of these three years leading up to March 2014, the lookback is gone and we start that window.
That is my understanding too. It is a monthly
snapshot. Lets talk about what this MOU did:
- Ailitalia was added
- Martinair was taken out of the AF figures so they could transfer flying there to side step our labor agreement
- Delta's baseline decreased from 51.7 to what must be at least 48.5% (50%-1.5%)
- Each month a percentage is measured. That percentage stands on its own and is not averaged
- 12 month breach language removed
- "end of summer" breach language removed
- 90 day cure language removed
- three year breach language added
- Over three years Delta's flying must be at least 48.5%.* If Delta breaches our agreement, Delta then has 12 months to become compliant. If during that 12 months, the monthly percentage is = or > 48.5% the measurement period beings anew.
- earliest compliance could be required is 31 March 2015
If anyone understood the agreement they would be very upset. The language is sufficiently obtuse to confuse nearly everyone, including whomever might be called on to render a decision on a grievance.
Originally Posted by
sailingfun
Made a simple phone call on the AF agreement. What was not noted here is that if the company falls out of compliance in a measurement period they have to come back into compliance in 12 months for the 3 year look back period. That means that if they allow Delta to fall even a small amount behind the 48.5 percent number they would have to have a massive increase in flying in the correction year to get back to the rolling 3 year average. It in effect makes its very difficult if not impossible for the company to fall below the average it needs. The routes picked up from AF this winter are to insure the company does not fall into that situation. A significant portion of the reductions to Europe are to allow for the lie flat seat mod on the 7ER fleet. There will be a issue again next winter as they complete the mod line for the aircraft. As we pick up the flying in the Spring AF will pick back up the ORD route. SEA may stick with us.
The word "
average" appears no where in the document, or its definitions. It is written as a rolling three year time period with measurements calculated on monthly percentages. One month's compliance resets the window.
I thought through a number of scenarios to unscrew this ... couldn't come up with anything that would have a positive result other than supporting our MEC.
* No comment is made in the source document about the calculation of the percentage flying. In a public interview XX told the pilots that the calculations were made on a month by month basis and that those figures were NOT carried forward as an average, or aggregate.