Thread: Delta interested in Airtran 717s??
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Old 02-11-2011 | 04:38 PM
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Reroute
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Originally Posted by Check Essential
Why is everyone saying the pilots have to come over?

I'm looking at the AirTran contract. The latest one on file with the NMB (1998).

I don't see a fragmentation clause. Only successor and merger.
Does their new contract have a fragmentation clause ?? because this one has no language putting any restrictions on management selling airplanes. There is no frag language whatsoever.

D. SUCCESSORSHIP)
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 this paragraph, a Successor or Assigned shall be defmed as an entity (other than an Air
Carrier, or an entity which owns, or is owned by an Air Carrier,) which acquires all or substantially
all of the assets or equity of the Company through a single transaction, or a multi-step related
transaction, which closes within a twelve (12) month period.
E. MERGER PROTECTIONS
In the event of a merger between the Company and another Air Carrier, where the surviving
Air Carrier decides to integrate the pre-merger operations, the following procedures will
apply:
I. The Company will integrate the two pilot groups in a fair and equitable manner, including
where applicable agreement through collective bargaining between the Carrier and representatives
of the pilot groups involved
2. In the event of a failure to agree pursuant to Paragraph 1, of the above, the dispute may
be resolved in accordance with Section 13, of the Allegheny-Mohawk Labor Protective Provisions, except the integration of the seniority lists of the respective pilot
groups may be governed by Association merger policy if both pre- transaction pilot groups
are represented by the Association.
3. Discussions related to any merger shall not be pursuant to Section 6, of the Railway Labor
Act, and reaching an agreement with the Association shall not be a prerequisite for closing,
or any other aspect of the transaction, or operation pursuant to the transaction.
ATN 2010 contract

F. Acquisition
of Disposition of Assets

1. In the event of a Substantial Asset Sale, as defined hereunder, the Company agrees that it will undertake its best and all commercially reasonable efforts to require the air carrier purchaser to offer employment to that number of pilots of the AirTran Pilots' Master Seniority list whose identity shall be determined consistent with the seniority provisions they then enjoy, which number of pilots entitled to such employment offer shall be the average monthly pilot staffing actually utilized in the operation of the transferred assets over the twelve (12) months prior to the employment offers and to negotiate, and to arbitrate under Allegheny-Mohawk Section 13 any differences regarding the identity or number of transferring pilots that may arise with the air carrier purchaser and the integrate the two (2) pilot groups in accordance with AlPA Merger Policy if applicable or otherwise under Sections 3 and 13 of Allegheny-Mohawk labor Protective Provisions (using the applicable procedures in Paragraph E.2., above). For the purposes of this provision, a "Substantial Asset Sale" means the sale and/or assignment
in a single transaction or a series of related transactions over a twelve (12) month
period to a certificated air carrier, other that in the ordinary course of business, of that number of aircraft that, net of asset purchases or acquisitions, over the twelve (12) months prior to the effective date of the transaction(s) produce more that thirty (30) percent of scheduled block hours.

a. At such time that a transaction amounting to a Substantial Asset Sale is being
finalized, the Company shall, on a confidential basis, verbally notify the
Association' of any such Substantial Asset Sale prior to its being finalized (when
possible at least ten (10) days prior to its being finalized), and the Company will
solicit the recommendations of the Association.
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