Originally Posted by
tsquare
...The independent RJ companies can fly anything they want up to and including A380s and there is nothing we can do about it. EXCEPT... not allow any of that flying to be done under DAL code. We don't have to enforce anything regarding another carrier's management. It is only ours that matters, and THEY would not be allowed to do business with those carriers using those codes...
T, I am probably misunderstanding you here.
Our PWA is pretty specific about what jets DCI providers are permitted to operate. Section 1.D specifically discusses permitted aircraft types. If they fly under the DCI banner, they are bound by the permitted aircraft types limits.
For example that section prohibits Delta from contracting with JetBlue to operate EMB170s for DCI, while still running the JetBlue A320 and EMB190 operation.
Most majors have a similar clause in their Section 1.
That's why Chautauqua (now known as Republic, because it's easier to spell) started collecting different certificates early on as a workaround to the Scope clauses of the majors they served. While everyone is on the same seniority list, they operate jets under different 121 operating certificates to comply with the "air carrier" restrictions. while the jets were RJs, nobody really paid much attention to it and just shrugged their shoulders. Then "Republic" purchased Midwest and Frontier and many of us wrote our reps. The reply was pretty plain. While the "intent" of the language in the PWA was written to actually use the broad definition of 49 USC § 40102 (a) (2)
(2) “air carrier” means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation.
The reply from the DALPA council Bill Roberts was simple:
Republic Holdings isn't a CFR 49 recognized air carrier, so there has been no contract violation.
The TA goes a long way to fixing this situation by improving the language specifically addressing holding companies.
So yes, we have language in our PWA, that prohibits a DCI carrier from operating larger "non-permitted" aircraft.
Cheers
George
P.S.: Unfortunately the company must have pushed for an specific exemption for Republic (Chautauqua, Shuttle America) that exempts them from this improved language.