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REPORT OF THE DELTA-NORTH MERGER COMMITTEE
Six months ago, the DAL/NWA Dispute Resolution Committee sent all DAL North and South pilots DRC Update 09-01, which outlined the procedures for filing and resolving pilots’ claims concerning the application or interpretation of the Arbitration Award integrating the DAL and NWA pre-merger seniority lists. Since then, representatives of both pre-merger pilot groups have been working to carry out their responsibilities as DRC members under the DRC Letter of Agreement.
Captain .redacted. served as the DRC’s Chairman during 2009. The DRC Letter of Agreement calls for rotating the Chairman’s job between the two pre-merger groups annually and .redacted. has passed the baton to .redacted., as of January 1, 2010.
The first DRC claim was filed by a Delta-North pilot in August. Citing paragraphs 4 & 5 of the conditions and restrictions to the Arbitration Award, it says, “The Co. is taking delivery of B777 aircraft that are replacing B747 aircraft, to the detriment of former NWA pilots.” The two Merger Committees met in ATL on December 8 and tried to settle this claim, but were unable to. We informed our counterparts that we found that the claim fell within the DRC’s jurisdiction and that it had merit. We sent the South DRC representatives a statement of position on December 29.
Our position statement explained that inequities have developed since DCC and the Arbitration Board’s Award. B777 flying has expanded using NRT slots, Japan Fifth Freedom rights, and Asian routes and franchise, as well as the fortress hub in DTW all of which NWA brought to the merger, while B747 flying has contracted. We added that the management of the merged airline is deciding what flying to increase and what to reduce. Given the economic environment prevailing during the last two or three years, it is unlikely that, absent the merger, NWA would have contracted its B747 flying to such an extent while DAL expanded its B777 flying in such a manner. In our view, the Award’s conditions and restrictions mandate that B777 flying should be shared equitably as a result.
The full DRC met in ATL on January 7, and accepted jurisdiction of the claim but deadlocked on whether it had merit. The DRC Letter of Agreement spells out the steps necessary to resolve this dispute through arbitration. The DRC selected Arbitrator Dana Eischen to hear and decide the case and these hearing dates have been scheduled: April 21-22, May 19-20 and June 9.
A second claim was submitted on December 30 by another North pilot. His claim form states: “The pre-merger Northwest Pilots have suffered the loss of more than 200 protected positions, both Captain and First Officer, due to Delta’s decision to retire the 747-200.” This claim is under study by the North DRC representatives and will be handled in accordance with the DRC procedures.
Your DAL-North Merger Committee