After discussing this with two people who have done arbitration and specialized in contract law as well as labor law, Delta will have an uphill battle. They said its not impossible for them to win an arbitration case, but the fact they took no action for over a year to address this LOA when Compass was closing is going to hurt their argument. Again arbitration is a crap shoot. Just need to be ready for it to go either way.
As much as we believe laws and contracts are black and white, they are not. The PWA really needs financial punishments for a violation, such as 7 times damages for each act. This would stop or at least make them calculate their decisions more. Companies weight the cost of losing in arbitration to what it means for the company. Delta may feel the cost of losing is worth a high price if they believe it will benefit them more in the long run. Once we as a group understand how the law works, we can then understand managements thought process works, which is the cost benefit analysis.
If the union was really concerned with this they would start a public relations campaign. The problem is pilots make more money than 98% of the American public and the company knows this and will call us greedy. It also wouldn't hurt to get the other work groups on board. Right now they believe the company can do no wrong. We need to show them that scope is in their best interest.
Just my two cents.