Originally Posted by Carl Spackler

Now I'm with you. I knew I was missing your main point.

Unfortunately, the way I read our JV language, I don't think we have a strong case for receiving any compensatory damages for flying lost prior to the measurement date of March 2014. The arbitrator would likely only give us a fix going forward.

I do think there is a case to be made for it but when a company cries "economics," I think judges/arbitrators are loathe to give compensatory damages. But in this case, with the company making boatloads of money, I would definitely want the Union to vigorously pursue some kind of compensation for lost flying. Whether it is awarded is beside the point.

This totally depends on how ALPA allows DALPA to fight this grievance. Any and all funds/legal assets would come from ALPA national. One choice of ALPA's would be to negotiate it away directly with management without any DALPA input.

This would absolutely pave the way for DPA. Even I would send in a card then! I really don't see Alpa national doing anything about our scope without Dalpa. I know you will say "but what about Pinnacle?" Yes, we should have been in the room for that negotiation but it probably would have been just as observers anyway. I think this would be totally different in that it has to do with the MAJOR section of our contract.

Another would be for DALPA to purposely put forth an extremely weak case and try to lose in exchange for a strategic promise from management. Yet another possibility is for DALPA to claim our language is too weak to even grieve (like the RAH scope abuse).

Highly unlikely but possible. I would think EVERYONE knows "a bird in the hand is worth two in the bush" so to speak. This also ties in with my response above.

In order to win this, we would need a strong response from ALPA national showing anger at the number of jobs lost by Delta pilots and commit the full legal resources of national to defend the language and accept nothing other than full compliance immediately. It will also require DALPA forcing management to do something they absolutely don't want to do. What do you think our chances are of getting these responses from ALPA/DALPA?

Well, if my current reps are any indication, I would say pretty good. But we are talking a year and 9 months down the road with the 3 year measurement period ending 3/31/14 and then a year to get back in compliance 3/31/15. (Eerily close to our next contract openers, I'd say within 5 to 10 days.)

Carl