Originally Posted by
Mesabah
There doesn't appear to be any penalty for management if they don't comply with the ratios or the parking of 50 seaters. While management is required to have DCI stop flying those jets, if DCI claims financial hardship over that decision and says no, then Delta is released from that requirement.
There is no penalty delineated in the PWA. That's not to mean one would not be assessed by an arbitrator. Financial hardship and the economy are both specifically prohibited. (The term “circumstance overwhich the Company does not have control” will not include the price of fuel or other supplies, the price of aircraft, the state of the economy, the financial state of the Company, or the relative profitability or unprofitability of the Company’s then-current operations.) Our agreement is not with DCI, it's with Delta Air Lines. If a DCI carrier is experiencing financial hardship, it's not our problem. Delta is NOT released from that requirement to maintain the ratio.
What section 1 should have said is that any pilot or aircraft operating in violation to this scope agreement immediately falls under the terms of this Delta CBA, and will be added to the bottom of the Delta SL.
I know you want to get to mainline but the only influence (small that it is) we have is with Delta Air Lines. Not with any DCI carriers. There is absolutely no way what you suggest could be negotiated and enforced even if it was negotiated. We would be binding a third party who is not a signatore of the agreement.