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Old 03-01-2026 | 10:13 AM
  #81  
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Originally Posted by ancman
In whose eyes, the CPO’s / RD’s? There’s a reason why most of their termination attempts ultimately fail in arbitration.

It is entirely possible for a commuter to get into position for SC without leaving any trace that Delta can see. Not all commuters are full-time commuters either.

Again, I’m not defending anyone who shirks their SC responsibilities. But there is nothing in our contract requiring any pilot to “prove” that they were in position for SC — especially after the fact.
in the eyes of an arbitrator, the only opinion that really matters. If you leave specific evidence when you normally commute to work and all that evidence is absent for a bunch of short calls, and you happen to call in sick for every SC that lacked that evidence only when assigned a trip, you cannot tell me an arbitrator won’t see that as evidence you didn’t go to work.

I’m not saying there cannot be an explanation, just that if you don’t have a good one, the evidence I mentioned before will likely be enough for an arbitrator to rule against you.
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Old 03-01-2026 | 10:18 AM
  #82  
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Originally Posted by Gone Flying
in the eyes of an arbitrator, the only opinion that really matters. If you leave specific evidence when you normally commute to work and all that evidence is absent for a bunch of short calls, and you happen to call in sick for every SC that lacked that evidence only when assigned a trip, you cannot tell me an arbitrator won’t see that as evidence you didn’t go to work.
Then why did the arbitrator rule against the company? It isn’t that simple.
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Old 03-01-2026 | 10:20 AM
  #83  
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Originally Posted by ancman
Then why did the arbitrator rule against the company? It isn’t that simple. The burden of proof is not on the pilot.
In the case of the 747 pilots? Because the company went straight to termination without first going through the regular steps of discipline, like letters of warning and such. The ruling wasn't really about the merits of the company's position that the pilots were not properly sitting SC.
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Old 03-01-2026 | 10:22 AM
  #84  
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Originally Posted by ancman
Then why did the arbitrator rule against the company? It isn’t that simple.
1) that was a completely different case than someone calling in sick almost every time the get an assignment for over a year.

2) my understanding was it was a technicality that for 3 of the 4 it was first time being caught, that’s why 3 got their job back.

3) the company successfully terminated 1 of them

4) they likley did not make the same mistake again and had significant documentation for this termination.


it’s also worth noting that the company has had a few very favorable awards from arbitration since that happened. I certainly wouldn’t bet my career on an arbitrator looking at a pile of evidence that I routinely missed work and deciding that wasn’t good enough to fire me.
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Old 03-01-2026 | 10:26 AM
  #85  
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Originally Posted by tennisguru
In the case of the 747 pilots? Because the company went straight to termination without first going through the regular steps of discipline, like letters of warning and such.
Exactly. And they did so, in part, by claiming that a lack of evidence of past commutes served as adequate proof that they were never in position for past unused SCs. The company’s claim was that they were already “repeat offenders”, based on evidence that didn’t exist.
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Old 03-01-2026 | 01:38 PM
  #86  
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Originally Posted by tennisguru
In the case of the 747 pilots? Because the company went straight to termination without first going through the regular steps of discipline, like letters of warning and such. The ruling wasn't really about the merits of the company's position that the pilots were not properly sitting SC.
Bingo

Originally Posted by ancman
Exactly. And they did so, in part, by claiming that a lack of evidence of past commutes served as adequate proof that they were never in position for past unused SCs. The company’s claim was that they were already “repeat offenders”, based on evidence that didn’t exist.
I think we are getting wrapped around the axle here. In the case of the 747 pilots, at least one of them (and I believe all 4), reportedly had zero evidence of a commute for a SC in 2 years. I'd call that a repeat offender. But, given that the company didn't know about it until it reared it's ugly head, the Arbitrator ruled that 3 of the 4 were due some form of progressive discipline - IOW, had the company found out about it at month 2 instead of month 24, they probably would have done something about it and the pilot may have changed their behavior.


The fourth pilot reportedly already had a bunch of other episodes, and the company won that case, and their termination was upheld.

Last edited by FangsF15; 03-01-2026 at 01:51 PM.
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Old 03-01-2026 | 03:02 PM
  #87  
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Originally Posted by Khantahr
Sure it's possible, and probably happens with some regularity over the whole company, but it would involve either buying full fare tickets on other airlines, or using someone else's other airline nonrev benefits, and never using KCM in either case. I doubt there is any domestic commuter at this company who does that regularly themselves.

Delta could track the commuting activity of most (air) commuters here very well. Whether it's enough to make a firing stick or not, maybe we're about to find out. I wouldn't bet my career on it though.
Never use KCM to go to work. Buy tickets: sometimes. Drive: occasionally - more likely for SC. Mostly non-rev but your assumptions seem wrong.
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Old 03-01-2026 | 03:23 PM
  #88  
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Originally Posted by Nantonaku
Never use KCM to go to work. Buy tickets: sometimes. Drive: occasionally - more likely for SC. Mostly non-rev but your assumptions seem wrong.
I would think if a pilot had actually come to Atlanta to sit short call, they could prove it in ways beyond KCM or non-rev listings.

Going into the Camp Creek Parking lot, being present in the pilot lounge, a hotel room, a receipt for food or even a cup of coffee, you name it. But I think it very unlikely a pilot being in Atlanta for a short call period would leave no trail of their presence.

Last edited by Rinaldi; 03-01-2026 at 03:47 PM.
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Old 03-01-2026 | 04:51 PM
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Originally Posted by Nantonaku
Never use KCM to go to work. Buy tickets: sometimes. Drive: occasionally - more likely for SC. Mostly non-rev but your assumptions seem wrong.
Nonrev by jumpseating or using someone else's offline benefits?
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Old 03-01-2026 | 04:58 PM
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Originally Posted by Rinaldi
I would think if a pilot had actually come to Atlanta to sit short call, they could prove it in ways beyond KCM or non-rev listings.

Going into the Camp Creek Parking lot, being present in the pilot lounge, a hotel room, a receipt for food or even a cup of coffee, you name it. But I think it very unlikely a pilot being in Atlanta for a short call period would leave no trail of their presence.
And for how long do you propose I retain records proving I'm in SC range?

I could be sitting SC up in my family hunting camp in the Adirondack Mountains instead of my house. How long should I hold proof I wasn't?
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