Well, a lot of that will probably be up to an arbitrator, as everyone at Delta is familiar with, but here is the language that deals with mergers and SLI (sorry the formatting doesn't copy right, but you should still be able to read it):


D. Successorship

1. This Agreement shall be binding on any Successor or Assign of the Company, unless or until changed in accordance with the provisions of the Railway Labor Act, as amended. For the purposes of the Agreement, a Successor or Assign shall be defined as an entity which acquires all or substantially all of the assets or equity of the Company.

2. The Company shall require that the Successor or Assign shall, as a condition of and prior to the closing of a transaction as described in Paragraph D.1., above, commit in writing to adhere to the provisions of this Agreement until changed pursuant to the Railway Labor Act.

E. Merger Protections

1. The Company will not acquire a controlling interest in another U.S. certificated air carrier that operates aircraft with more than eighty-six (86) seats without advising the Association of its intention to continue to operate such aircraft (in which event the merger provisions stated below shall apply) or its intention to dispose of such aircraft (in which event the merger provisions below shall not apply). If an Affiliate of the Company were to operate or gain a controlling interest in another U.S. certificated air carrier, the Company shall be responsible to insure that its Affiliate takes the same actions as would be required of the Company if the Company were the entity that operated or gained a controlling interest in the other U.S. certificated air carrier. In the event the Affiliate does not do so, then the Association may seek relief under Paragraph P., below, and the Company would be responsible for any damages or other relief awarded under Paragraph P., below.

2. In the event of a transaction in which another U.S. certificated air carrier that operates aircraft with more than eighty-six (86) seats becomes an Affiliate of the Company (“merger transaction”), the surviving air carrier(s) will integrate the pre-merger flight operations no later than eighteen (18) months following the closing of the transaction subject to FAA and regulatory approval and use the following procedures to integrate the seniority lists of the two (2) air carriers (nothing in this Paragraph E. shall prevent the Company from disposing of its interest in the other air carrier prior to the merger of flight operations.)

a. The Company will provide for the integration of the seniority of the two (2) pilot groups in a fair and equitable manner, including, where applicable, through ALPA Merger Policy and if not applicable through Sections 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions. The use of ALPA Merger Policy to integrate the seniority lists of the two (2) pilot groups shall be limited to the merger of the two (2) lists and the placement of all pilots from the two (2) pilot groups on a single pilot system seniority list along with any conditions or restrictions applicable to the future application or utilization of seniority. When ALPA Merger Policy is used to integrate the seniority lists of the two (2) pilot groups, the Company shall be permitted to offer its views on the seniority integration to the arbitration panel, if the two (2) pilot groups are not able to agree upon a merged list without the assistance of an arbitrator.

b. No later than fifteen (15) days after the closing of the merger transaction, the surviving air carrier(s) along with the current NMB designated representative(s) of the pilots, and representatives chosen from both pilot groups will exchange all relevant information relating to the merger as it may pertain to the integration of the pilot seniority list.

c. No later than thirty (30) days after the closing of the merger transaction, the current NMB designated representative(s) of the pilots, including the representatives chosen from both pilots groups along with the Company shall commence efforts to arrive at a mutually acceptable method and compilation of a single pilot seniority list.

d. If negotiations have not resulted in an integrated pilot seniority list within sixty (60) days from the closing of the merger transaction, the integration of the pilot seniority list will be arbitrated utilizing ALPA Merger Policy if applicable and as described herein or otherwise Sections 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions.

e. If arbitration takes place under the Allegheny-Mohawk Labor Protective Provisions, the arbitration board shall be comprised of one (1) non-voting advisory member designated by each pilot group, one (1) non-voting advisory member selected by the Company, and a single neutral arbitrator. If the dispute is not resolved by the arbitrator acting as a mediator, the arbitrator shall conduct hearings and issue his decision no later than six (6) months from the closing of the merger transaction. This date may be extended by agreement of the Company and the authorized representative(s) of the pilot groups.

f. When the arbitrator issues his decision, or if ALPA Merger Policy is utilized to produce a merged seniority list, the list will be an actual seniority list with the names of all pilots and their respective order on the seniority list.

g. The decision of the arbitrator under the Allegheny-Mohawk Labor Protective Provisions will be final and binding on all parties. If the decision is obtained through ALPA Merger Policy, the decision of the arbitrator will be final and binding on the pilots of both the Company and the other pilot group. ALPA will promptly submit it to the Company, and the Company will approve or disapprove it within thirty (30) days of receiving it from the Association, providing at the same time its alternate list or applicable conditions and restrictions and its reasons for disapproval. ALPA and the Company will then promptly arbitrate the choice of the ALPA list and Company list (including conditions and restrictions) before a neutral selected by agreement or, failing agreement, by alternate strike from a panel under Section 13, with the first strike determined by the toss of a coin. The decision of that arbitrator will be final and binding.

3. During the transition period prior to the integration of flight operations, the Company or its Successor will not transfer or assign any of the Company’s aircraft, or existing flying as measured by block hours, from AirTran Airways to the other carrier if such transfer of aircraft results in the furlough or displacement (Captain to First Officer, or reduction in hourly rate of pay) of any AirTran pilot. At the request of either the Company or the Association, the parties will meet to discuss matters relating to the orderly integration of operations that may arise during the transition period. During the transition period all flying performed by or on behalf of the Company shall be performed in accordance with the terms and conditions of this Agreement by pilots on the AirTran Pilots’ Master Seniority List, except as otherwise set forth in this Agreement or in any subsequent agreement between the Company and the Association.

4. Discussion related to any merger shall not be pursuant to Section 6 of the Railway Labor Act and such discussions shall be conducted independent of the parties’ Section 6 bargaining obligations under the Railway Labor Act, unless otherwise required by the Railway Labor Act or both the Company and the authorized representative(s) of the pilots otherwise agree. The reaching of an agreement with the Association shall not be a prerequisite for closing, or any other aspect of the transaction, or operations pursuant to the transaction, provided any such action is not inconsistent with the terms of the applicable pilot collective bargaining agreement.

5. At the request of either the Company or the Association, the parties may agree to tailor the provisions in Paragraphs E.1. through E.4., above, to accommodate the unique or special circumstances associated with a merger transaction or merger protections. Any such agreement must be in writing and must receive the approval of both the Company and the Association in accordance with their respective agreement approval processes and protocols.