Originally Posted by
sailingfun
Can you think of a situation where the company would be unable to pay furlough pay yet still be in operation?
Sure....when the Company's cash balance is much lower and they have obligations not covered by a FM clause and they are forced to choose which obligations to pay. As I said in my post, the standard isn't impossibility ("unable" in your inquiry), it is "impracticality." The impracticality becomes more and more relevant as cash balances dwindle with other, non-FM protected, obligations still hanging out there. You are disregarding the facts and circumstances of this particular situation. Very few of the 1,941 would be adversely affected by the company paying out under 21.B.9.a versus 21.B.3. The difference to the company is
de minimus. The smaller the number of pilots affected means the smaller the difference in payout between 21.B.9.a and 21.B.3 and, therefore, the harder it becomes for the Company to establish impracticality of compliance with 21.B.3.