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Old 12-03-2011 | 11:46 AM
  #82348  
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From: 767er Captain
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Originally Posted by acl65pilot
Saling;
I did more than call the office. I talked to the person responsible for crafting this language face to face, and then via e-mail at length.

If we were at 0, 0 then 49.5 we would have bigger problems to deal with. Under the terms spelled out in MOU 14, once reaching 49.50 it is considered 50-50 and at that point a new measurement period starts. There is no look back for this scenario. They basically have three years to get there since we started at 47.2 with the addition of AZ. Some purport we could go to 0, 0 then be in compliance and that may true, but unrealistic. The bigger game is we get half of the EASK's available going forward.

What George mentions about there being no bottom end compliance right now is as far as I can tell, and as far as I have been told by those who crafted the language, is true, but not likely. We are in the initial three year measurement period with AZ. We are not even in compliance with the new balance. Once that happens what you state is true.

I may disagree with a new measurement period being down via MOU, but this language and how it is implemented is very complex. It involves the DAL marketing agreements with the other JV carriers and then them with us. What this team did was keep a even percentage of EASK's for our pilots. Yes, the corrective window will not happen for a few years, but the long term gains are significant. We have only seen a down side to the capacity since it was drafted, if there is ever an up side, we will profit handsomely. With the profit and loss of the Bundle 1 flying being shared equally, it gives incentives beyond the language in LOA 16 and MOU 14 to keep the flying as close to equal as possible. Each side gets a few city pairs they can opt out of each year, but as a whole the profit loss is shared, and therefore, the execs want the risk and exposure shared equally.
Who are the IDIOTS that craft this kind of language? Anything that takes "a few years" to see corrections for is incompetent. Seriously. I had a certain amount of (faith?) in the negotiators, but this kind of stuff really gives me pause.