Originally Posted by
Denny Crane
Good Luck!
I've tried to point that out with no success!
FTB,
You generally have made some great points but I have to agree with Slow on this one. If you think the Union will not enforce the contract on scope then why would they enforce it on other sections? I'm not going for the: the union is in mangements back pocket argument. If that were the case we would be giving them as many large RJ's as they want, no ratios, and no pay increases etc.
Denny
The problem is the language itself Denny. I know you've previously discussed that it exists in our current language as well, but it's specifically added in again in areas regarding ratio compliance that gives it additional significance outside of it existing just in the definitions section. The language again is as follows (emphasis mine):
14. “Circumstance over which the Company does not have control,” for the purposes of
28 Section 1, means a circumstance that includes, but is not limited to, a natural disaster;
29 labor dispute; grounding of a substantial number of the Company’s aircraft by a
30 government agency; reduction in flying operations because of a decrease in available fuel
31 supply or other critical materials due to either governmental action or commercial
32 suppliers being unable to provide sufficient fuel or other critical materials for the
33 Company’s operations; revocation of the Company’s operating certificate(s); war
34 emergency; owner’s delay in delivery of aircraft scheduled for delivery; manufacturer’s
35 delay in delivery of new aircraft scheduled for delivery. The term “circumstance over
36 which the Company does not have control” will not include the price of fuel or other
37 supplies, the price of aircraft, the state of the economy, the financial state of the
38 Company, or the relative profitability or unprofitability of the Company’s then-current
39 operations.
What this language does is set forth a series of excuses that has almost no limits...thus the use of the term "includes, but is not limited to". Then later the language specifically delineates what it DOES NOT mean. This is the worst of all worlds because it allows everything in the known universe...except the 5 things specifically listed as to what it doesn't mean.
It is absolutely awful language and is a vitrual get out of jail free card for management.
Carl