Originally Posted by
Boomer
But the big problem with 1113c is that you don't give it away, it is taken away.
So say Delta files ch11 again, all Delta has to do is demonstrate to the judge that Republic flies 100-seat jets for a given (lower) pay scale, and show that if Delta pilots are lowered to Republic pay, or some Connection carrier takes the planes, Delta can emerge from BK successfully. If the judge is convinced, bye bye scope.
This is what Delta did to Comair's ALPA pilots in 2006- they presented the other DCI carriers lower payscales and testified that Comair could win more Delta flying if the judge threw out our payscale and workrules. The judge found the testimony "compelling" and ruled with Delta.
As Delta and ALPA have already fought this battle and Delta won, would the only solution be to stay out of bankruptcy?
Could the DALPA members on the BOD prevent Delta from 1113c'ing the Delta pilot group?
No they couldn't. There are things that can be done, which I would never advocate, but are still there if you need them. As for the 100 seater, the company knows where that aircraft rests. Our current reps have left no misconception that a 100 seat aircraft. I have gotten that all the way to the top of the administration. Where we have a few longer discussions is who sits in the front of aircraft which have less than 100 seats.