Originally Posted by
rickair7777
If MB says that specifically about 363, then it would apply. I just don't see MB language that says assets transferred via 363 trigger the requirement.
363 exists for the express purpose of transferring stuff unencumbered. A carve out would defeat the whole purpose.
You can't just read 363 into the MB language. I think it would need to be stated specifically.
I'm saying if they take employees, they have to integrate them via an SLI. They don't have to take employees in a 363 sale. My guess is any acquiring airline will need time to reconfigure and have those planes placed on the acquiring airline's operating certificate whatever assets and they will be out of service for a while. Also since the entity won't likely be bought intact, those planes will move over to the acquiring airline's operating certificate which means those employees have to be trained again by the new airline.
If an acquiring airline brings over employees, then MCB requires they do a seniority integration. This makes it likely they will just offer preferential interviews, etc.
Even buying Spirit intact via 363 sale would require SLI because you'd have to bring employees if its going to operate separately until being integrated and I think this is what a lot of NK Pilots have stated for their reason to stay. They are hoping to "jump ahead" in a new seniority list instead of starting at the bottom of it. Which is what I'd do being in the single digit seniority percentage at my airline with only 5 years to go.