Originally Posted by
Happyflyer
Even if your right, and it has to be incorporated by the Delta PWA that doesn’t mean the DALPA position would be allowed to refuse a substitution.
You’d have to find fault with the substitution and negotiate in good faith.
Of course a legal substitution wouldn’t be a company like CapeAir. You’d be restricted to demonstrating that the Compass pilot contract is/was superior to the 9E contract.
There won’t be any notes that if Compass shuts down a quo pro quo substitution can be refused for the sole purpose of adding value/equity to the Delta pilots PWA. DAL is a party to the agreement and a loss of equity for them is not spelled out or implied.
An arbitrator can easily say you have to approve of the substitution, and that the jets can fly until a fair, quid pro quo substitution is made mathematically. He can later decide who’s not playing ball should an additional issue come up.
WHEREAS Letter 2006-14 of the NWA CBA provided for the hiring of Compass pilots at Northwest via flow up and the flow down of furloughed Northwest pilots to Compass, and
WHEREAS Delta and the Association incorporated Letter 2006-14 of the NWA CBA into the PWA as part of the Joint Collective Bargaining Agreement in connection with the merger of Delta and Northwest Airlines, Inc., and
WHEREAS Compass, a wholly-owned subsidiary of Delta, was purchased by Trans States Holdings, Inc. on July 1, 2010 and is no longer an “affiliate” of Delta, and
WHEREAS the parties desire to reach an agreement on the continuation of both flow up and flow down between Delta and Compass in light of the recent sale of Compass.
LOA 9 was a one time deal to address the sale of compass not a universal flow provision. It is dead and no longer applies. LOA 9 was the agreement to continue the flow, it is an example of the exception 2 rule and is itself evidence that an additional agreement is needed to continue the flow. The cessation occurred and the flow has ended, therefore 35 RJs are to be removed.