Typically, barring a negotiated settlement, grievances are eventually decided by binding
arbitration before a neutral third party, often at a point well into the future. While the
Association feels confident that our interpretation of Section 1 B. 40. d. and e. is correct,
there always remain several elements of risk whenever an issue is decided through
arbitration.
After a number of face-to-face meetings and careful consideration, the parties reached a
Settlement Agreement which mitigates the litigation risks but more importantly confirms
the Association’s interpretation of the PWA and provides real and meaningful additional
furlough protection for hundreds of the most vulnerable pilots on our seniority list, very
similar to protections already available to more senior pilots.
The Settlement Agreement provides that:
•
The Company will agree to the Association’s interpretation of Section 1 B. 40.
d. and e. but provides a one-time exception to this interpretation allowing the
Company to operate up to 153 * 76-seat jets so long as the Company does not
furlough any pilot on the integrated system seniority list as of February 9, 2009,
the date the agreement was signed. With agreement on the interpretation of
Section 1 B. 40. d. and e, any further increase above 153 76-seat jets will
require substantial mainline fleet growth. For example, for the Company to add
a 154th 76-seat jet, the mainline would have to be comprised of 768 mainline
jets. Today the mainline fleet consists of 753 aircraft.
•
If the Company does furlough any pilot on the Integrated System Seniority List,
then the Company will physically remove six passenger seats from the number
of 76-seat jets (in service, undergoing maintenance and operational spares) that
exceeds the authorized number of 76-seat jets under the Association’s
interpretation of Section 1 B. 40. d. and e.
•
While the Company will have 90 days from the first furlough to physically
remove the seats, such seats will become immediately unusable for any purpose
upon the furlough of the very first pilot on the list.
It’s important to understand that the agreement is a settlement over an issue of scope
language interpretation and not an issue of “scope relief.” Scope language is intended to
protect pilot jobs. This agreement enhances job protections for Delta pilots. There has
been no change to the scope language in our contract, and this settlement will not
increase the number of regional jet hulls; it simply codifies the number of seats that will
be allowed in up to 26 of those aircraft. It allows up to a total of 156 seats throughout the
system (26 aircraft x 6 seats per airplane = 156) in exchange for furlough protections for
hundreds of Delta pilots and their families and definitive agreement on the contractual
language moving forward. Further, this agreement does not increase the ceiling on the
total number of 70-seat/76-seat jets permitted by Section 1 B. 40. That number remains
at 255, and with 153 76-seat jets, the total of 70/76-seat jets will be 224 while the overall
number of all regional jets has decreased substantially over the past year.
The presentation used to describe this Settlement Agreement to the MEC is available as a
PDF document on the Contract Administration Committee page of the Delta MEC
website (Public) to provide you with additional information on the
agreement.