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Old 05-28-2012 | 08:02 AM
  #102025  
Denny Crane's Avatar
Denny Crane
Gets Weekends Off
 
Joined: Sep 2008
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From: Kickin’ Back
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Originally Posted by Carl Spackler
Come on in Denny, the water's warm!

Have to check with my pinky toe first!!!

No, we (ALPA) could definitely attempt to influence them. But they would be under no legal obligation to succumb to our influence because they don't sign our contract. Until they do, compliance is voluntary on their part. The language itself doesn't even say "...then the RJ airlines SHALL pull down their block hours...", it says: 'Delta will execute its plan to bring RJ block hours in compliance with the ratios..." Why is it written that way? Because we can only force our company to do something because it is our company who signs our contract. But does the RJ airline have to act on our company's plan? Absolutely not.

Agree!

Not unless that contract legally binds said RJ airline to our pilot contract. If such a signed document exists, it is imperative to see that document before we vote on this TA.

I think you misunderstood my use of the word "them." (And I can see why, I was not clear.) By them, I meant Delta Air Lines. Our influence is 100% with Delta Air Lines management via our contract.

Delta being forced to remove it's code share from the offending DCI is a possible outcome from an arbitrator. The arbitrator could also find that the RLA does not allow for the contract of one airline to remove jobs that BELONG to another airline.

Well, since one never knows 100% how a arbitrator will decide, I will say that is a possibility. But..........alot of decisions like this are based on past precedent and I have to go no further than Independence Air to cite a similar example. With IA we did force Delta to remove it's code and cost IA jobs. I know the circumstances are not exactly the same but they are similar and IA went out of business not the least reason because we held fast to our scope clause.....(Poor english there, will have to get my para-legal to clean it up!!)

This is soooo cool.

Getting to vote on this TA...Cost Neutral
Getting to have a legal discussion with DennyCrane...Priceless

I never knew the groundskeeper was such a deep thinker! Go figure!
Carl
See above.

Denny