Hit and Run Post:
1. Making Aircraft Commitments
. . . a. Delta commits to maintain in the Delta Connection fleet (i.e., aircraft in service, in maintenance or operational spares) at Pinnacle no fewer than forty-one (41) jet aircraft certificated for operation in the United States for seventy-six (76) passenger seats and with a maximum gross takeoff weight of 86,000 pounds or less (“76-seaters”).
. . . b. Delta commits to place and maintain in the Delta Connection fleet at Pinnacle the incremental forty (40) 76-seater deliveries above the total in the Delta Connection fleet as of December 1, 2012 (i.e., 76-seat aircraft numbers 154 through 193 in the Delta Connection fleet). For purposes of this provision, the transfer to Pinnacle of any 76-seater in the Delta Connection fleet at another Delta Connection carrier will offset on a one-for-one basis the commitment to deliver to and maintain at Pinnacle any of such incremental forty (40) 76-seater deliveries.
cont'd.
. . . d. Delta will be excused from compliance with the provisions of Section 1.a.-b. in the event a circumstance over which the Company does not have control (as defined in the Delta PWA) is the cause of such noncompliance.
Does PCL maintain their 81 jets worth of DCI flying if the Delta MEC negotiates to operate all RJ flying at mainline?
I read it as: If "Delta Connection" ceases to exist because there will not be a "fleet" to maintain at Delta Connection, the agreement is void?
Bold mine below... If the Delta Pilots have a "labor dispute" to demand the RJ's not be "permitted aircraft" anymore, then the PCL agreement terminates and Delta Pilot Scope is still the controlling document.
“Circumstance over which the Company does not have control,” for the purposes of Section 1, means a circumstance that includes, but is not limited to, a natural disaster; labor dispute; grounding of a substantial number of the Company’s aircraft by a government agency; reduction in flying operations because of a decrease in available fuel supply or other critical materials due to either governmental action or commercial suppliers being unable to provide sufficient fuel or other critical materials for the Company’s operations; revocation of the Company’s operating certificate(s); war emergency; owner’s delay in delivery of aircraft scheduled for delivery; manufacturer’s delay in delivery of new aircraft scheduled for delivery. The term “circumstance over which 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.
Wish I could stay for the responses, see you all tomorrow!
