Originally Posted by
Vsop
The ambiguity around the word ceased would have been a more compelling argument if the company did not agree that the flow down ceased. They agreed to that by agreeing to park the 35 aircraft. They are now attempting to reactivate those aircraft by replacing Compass unilaterally.
Past practices on this LOA would also seem to point to needing DALPA at the table. That’s indicated by this LOAs very existence being required after the Compass sale to Trans States.
The company’s mountain isn’t insurmountable but it’s a difficult climb.
The biggest point in our favor is the company failed to make a timely effort to shift the flow. The biggest thing against us is why that paragraph was added in the first place. There was no need for it with LOA 9. Intent of that addition will be everything. Note that the company was careful to make sure the 9E agreement was exactly the same as the Compass agreement. They will attempt to make the case that DALPA did in fact have a place at the table for the negotiations.