Originally Posted by
sailingfun
That is why Moak changed are contractual furlough protections from a furlough protection statement to a series of economic penalties that would not be subject to FM. It was like profit sharing derided at the time. It kept 600 Delta pilots on the payroll during the 09 downturn and hopefully will do the same if this virus takes a turn for the worst.
You might want to re-read the current Section 1 and 21 language. Right now we have 2,300+ pilots (15%+) on the seniority list that are technically not covered by the provisions of Sections 1 and 21. Further, while Moak may have changed the language and the term "force majeure" may no longer be in there, 1.I.4 (and 21.9.a) still states:
"The Company will be excused from compliance with the provisions of Section 1 I. 1., 2., and 3. in the event a circumstance over which the Company does not have control is the cause of such noncompliance."
That was basically the same language the Company hung its hat on with the arbitrator after 9/11. I truly hope we don't get to that point to see if the language is tested in front of Mr. Bloch or his colleagues but, having been on the other side of that language as interpreted by an arbitrator, my faith is much less than yours. Hopefully COVID-19 fizzles like SARS and MERS and we never have to find out how strong or weak those provisions really are.