Originally Posted by
Carl Spackler
It's not the numbers sailingfun, the numbers seem fine. It's paragraph 1.R.3 which is the problem. Here it is again:
3. If the Company is not in compliance with the minimum international operation requirement (under Section 1 R. 1.) or the minimum ASK requirement (under Section 1 R. 2.) in any measurement period, the Company will cure any such breach by complying with the minimum international operation or ASK requirement, as applicable, in the subsequent measurement period.
Can't you see the danger here? Can't you see this will allow an every other year non-compliance and still be perfectly legal? Can't you see it allows for no penalties whatsoever for non-compliance other than a grievance? Can you speak to that specifically sailingfun?
Carl
Carl, the teeth has always been the grievance process. It looks like the company will be very close to compliance on the current JV. We should have operated 48.5% of the EASK and it looks like we will come in around 47.8. The company is currently in compliance going forward. I fully expect my union to file a grievance on 1APR when the company is out of compliance.
If you built some penalty into the process and the company refused to comply with the penalty what then is your option? The grievance process. I suspect we tried to get some known penalty and the company refused. Would it then have been better to stay with what we currently have?