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Old 10-11-2020 | 12:26 PM
  #44  
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ZapBrannigan
Furloughed Again?!
15 Years
 
Joined: Aug 2007
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From: Boeing 737
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A small point of clarification. At least in my experience in the past force majeur could not be applied to the entire contract. Only those sections that specifically mention force majeur as an excuse for failure to meet the terms of the contract.

For example, at Brand X after 2001 there were three sections of the sections of the contract that included force majeur - and all three of them allowed the company to shrink and outsource flying in a way that they would not otherwise be permitted to do.

- Minimum captain positions
- Minimum fleet count
- Minimum block hours

The President at the time, Rakesh Gangwal, was quoted to have said, "force majeur opens certain doors for us that were previously closed."

He was referring to scope language that was tied to mainline fleet count. Once that provision was deleted they were able to outsource virtually unlimited flying to the regional partners. Thousands of mainline pilots out of work for 7 years (thank you age 65) while the regional growth exploded.

Force majeur didn't, however, affect other areas of the contract where it wasn't mentioned - like line construction or hotels for example. It had to be specifically referenced in a section as a "get out of jail free" card for failure to perform to THAT SPECIFIC section of the CBA.

As such, I'm also a hard no on any TA that includes force majeur.

Originally Posted by PolishFlyerDude
Force majeure = “Irregular Ops” applied to everything in the entire contract
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