Arbitrator sides with ALPA on JV Scope
#1
Gets Weekends Off
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Joined APC: Nov 2011
Posts: 4,503
Arbitrator sides with ALPA on JV Scope
Check your emails
The arbitrator who heard the first four Korean Air Joint Venture (JV) Scope grievances—MEC Grievance Numbers 18-22, 19-03, 19-04 and 19-08— has issued a liability award on all eight Scope violations alleged by ALPA. The arbitrator sustained all four grievances and confirmed that the Company violated Section 1 of the PWA in all eight instances, including one violation of Section 1 E. 10. and seven violations of Section 1 E. 8.
This ruling reaffirms the Company's obligation to abide by the terms of the Delta pilots' PWA and its Scope clause.
ALPA will post the arbitrator's decision on the MEC website shortly.
Key Takeaways
The arbitrator sustained ALPA's first four Scope grievances related to the Korean Air JV.
The arbitrator held that the Company committed a total of eight violations of Section 1 of the PWA, including one violation of Section 1 E. 10. and seven violations of Section 1 E. 8.
Now that these violations have been proven, the case will proceed to a second phase to determine the remedies for the violations.
The arbitrator who heard the first four Korean Air Joint Venture (JV) Scope grievances—MEC Grievance Numbers 18-22, 19-03, 19-04 and 19-08— has issued a liability award on all eight Scope violations alleged by ALPA. The arbitrator sustained all four grievances and confirmed that the Company violated Section 1 of the PWA in all eight instances, including one violation of Section 1 E. 10. and seven violations of Section 1 E. 8.
This ruling reaffirms the Company's obligation to abide by the terms of the Delta pilots' PWA and its Scope clause.
ALPA will post the arbitrator's decision on the MEC website shortly.
Key Takeaways
The arbitrator sustained ALPA's first four Scope grievances related to the Korean Air JV.
The arbitrator held that the Company committed a total of eight violations of Section 1 of the PWA, including one violation of Section 1 E. 10. and seven violations of Section 1 E. 8.
Now that these violations have been proven, the case will proceed to a second phase to determine the remedies for the violations.
#3
Maybe they’ll just give us everything we want in our new CBA.
I know, fantasy land.
#4
Kinda like the company email today saying they are hiring enough people; and all of the other emails they have sent us saying how they haven't "knowingly" violated the contract.... Fantasy land indeed
#5
Looks like a partial win for the company. The Company already acknowledged they were out of compliance. The argument was the measurement of Korean/Japan block hours:
"The arbitrator also held that compliance with Section 1 E. 8. is measured using a single aggregate block hour floor for flying between the U.S. and South Korea/Japan, rather than separate block hour floors for U.S.-South Korea and U.S.-Japan flying. Although ALPA had advocated for a different approach, the arbitrator confirmed that the Company violated Section 1 E. 8. in all seven alleged instances regardless of how compliance is measured. Under the measurement method adopted by the arbitrator, the Company would be considered in violation of Section 1 E. 8.'s Korean Air JV block hour floor from the time the JV went into effect through the compliance period ending March 31, 2019, and would be considered back in compliance as of the period ending April 30, 2019."
The company is now currently in compliance contrary to the Scope Committee's claims. Guess they gotta adjust their Scope Violation counter
"The arbitrator also held that compliance with Section 1 E. 8. is measured using a single aggregate block hour floor for flying between the U.S. and South Korea/Japan, rather than separate block hour floors for U.S.-South Korea and U.S.-Japan flying. Although ALPA had advocated for a different approach, the arbitrator confirmed that the Company violated Section 1 E. 8. in all seven alleged instances regardless of how compliance is measured. Under the measurement method adopted by the arbitrator, the Company would be considered in violation of Section 1 E. 8.'s Korean Air JV block hour floor from the time the JV went into effect through the compliance period ending March 31, 2019, and would be considered back in compliance as of the period ending April 30, 2019."
The company is now currently in compliance contrary to the Scope Committee's claims. Guess they gotta adjust their Scope Violation counter
#6
Occasional box hauler
Joined APC: Jan 2018
Posts: 1,683
When UPS violated our scope they had to pay the union as much as they paid the contractors on our ramp in violation of our scope clause. Hopefully, the company has to pay out to the union at least as much as the lost pay from you guys not flying those flights.
#8
#9
#10
https://www.youtube.com/watch?v=SBge...w&index=3&t=0s
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