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Old 05-04-2021 | 09:54 AM
  #101  
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Originally Posted by FL370esq
What does happen now that Compass has gone away?
Exception two: In the event the hiring or flow provisions of NWA LOA 2006-10 or LOA #9 cease to be available, either at the feeder carrier affiliate referenced in such LOAs or at another carrier, the number of permitted 76-seat aircraft in Section 1 B. 5 47. e. will be reduced by 35.
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Old 05-04-2021 | 10:04 AM
  #102  
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I have a feeling this will wind up in front of an arbitrator.

There seem to be 2 sections of the LOA that reference either Compass divesting or the flow provisions being unavailable.

I would argue that the most applicable to our situation is Compass divesting, because that is a very specific situation. The reference to flow provisions being unavailable is very broad and would be applied in situations other than Compass divesting.
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Old 05-04-2021 | 10:07 AM
  #103  
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Originally Posted by sailingfun
They wrote into the contract what happens if the Compass deal went away. If what you post is true there would be zero reason to have added the section on Compass going away.
Didn’t they add the section on Compass going away to specify the hiring and flow provisions which would satisfy allowing the extra 35 aircraft? There is nothing which states the hiring or flow provisions must be made available without DALPA’s approval of another LOA with the new carrier.
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Old 05-04-2021 | 10:17 AM
  #104  
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There has to be an LOA covering any new flow agreement; Both for DALPA and EDVALPA.

The company has already sent its proposal to the EDV MEC. I don't know the details, but I assume the majority of the movement will still be DGI, with a few flows. 80% DGI / 20% flow is my WAG.
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Old 05-04-2021 | 10:18 AM
  #105  
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Originally Posted by Mesabah
There has to be an LOA covering any new flow agreement; Both for DALPA and EDVALPA.

The company has already sent its proposal to the EDV MEC. I don't know the details, but I assume the majority of the movement will still be DGI, with a few flows. 80% DGI / 20% flow is my WAG.
Why do we have any say in a flow up agreement?
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Old 05-04-2021 | 10:23 AM
  #106  
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Originally Posted by sailingfun
Exception two: In the event the hiring or flow provisions of NWA LOA 2006-10 or LOA #9 cease to be available, either at the feeder carrier affiliate referenced in such LOAs or at another carrier, the number of permitted 76-seat aircraft in Section 1 B. 5 47. e. will be reduced by 35.
Sailing this isn’t meant to be directed at you just using the language you quoted in the LOA.

The company seems to view the “at another carrier” language as permission to substitute an Endeavor flow agreement. I think that because we have been without a flow agreement we have moved past this language and the company can’t retroactively add Endeavor. I think this language would have come into play if we had a flow “at another carrier” prior to the Compass being terminated, and would have allowed the RJs to stay in the DCI system.
In my opinion once the company had to park the 35 RJs, other language for modifying or canceling the LOA became the “effective” section.
If I haven’t said it enough, just my opinion I’m not a lawyer.
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Old 05-04-2021 | 10:28 AM
  #107  
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Originally Posted by CBreezy
Why do we have any say in a flow up agreement?
it’s the flow back part that we have a say in, and the flow back is what allows the 35 RJs
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Old 05-04-2021 | 10:28 AM
  #108  
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Originally Posted by CBreezy
Why do we have any say in a flow up agreement?
I don't think we do. It'd be like pilots determining Delta's hiring minimums. The only thing is the 35 RJs. Delta could start a flow without our input anytime they want, they just can't add anymore RJs without our input.
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Old 05-04-2021 | 10:37 AM
  #109  
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Originally Posted by m3113n1a1
Delta could start a flow without our input anytime they want, they just can't add anymore RJs without our input.
...not our input, but our (DALPA's) CONCURRENCE via LOA. And that's not gonna happen (in my estimation) without a significant quid well beyond some useless flow-down provision.

Of course they can add as many RJs as they'd like to mainline without our approval.
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Old 05-04-2021 | 10:45 AM
  #110  
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Originally Posted by CBreezy
Why do we have any say in a flow up agreement?
The terms of the flow down would have to be acceptable to you(or the MEC).
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