Originally Posted by
SparkySmith
Where do you see the clear language that DAL can substitute another carrier once the flow down goes away? My understanding is:
-the 35 RJs are mentioned in one place, DAL PWA 1.B.47.f exemption two.
-that section says “In the event the hiring or flow provisions of NWA LOA 2006-10 or LOA #9 cease to be available, either at the feeder carrier affiliate referenced in such LOAs or at another carrier, the number of permitted 76-seat aircraft in Section 1 B. 47. e. will be reduced by 35.” That’s a procedure to reduce the 76-seat RJ limit.
-since the provisions of LOA 9 ceased to be available, the number of 76-seaters was reduced. It happened and is complete from a contractual standpoint.
-I am aware of no provision to increase the number of 76-seaters, by 35 or any other quantity, now that there is a flow down.
What did I miss? Where is the clear language allowing the reestablishment of a flow down to increase the limit on RJs?
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The big thing here is finding a violation. Since Endeavor is now taking stepping in as "Compass" withinside LOA # 9, did a legal violation occurred? Since LOA # 9 has verbiage that states "either at the feeder carrier affiliate referenced in such LOAs or at another carrier", then Endeavor would be classified as "another carrier" Making the case that when Compass was terminated, that LOA # 9 was terminated forever might be a hard push. Since LOA # 9 is now available at a new carrier, the Delta Pilots have received no harm since they now have a flow back to this new carrier. Also, pointing out that when the Delta pilots lost LOA # 9, they were harmed, this harm was known about and negotiated for by grounding 35 RJs. They are no longer harmed since LOA # 9 is a living and breathing document again.