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Originally Posted by sailingfun
(Post 1534860)
The reason I came back to the forum is that yesterday a issue worth whining about came up that has tremendous implications for the entire Delta Pilot Group.
Flight operations decided to unilaterally abrogate the contract starting 1 January. They are without any agreement with the union eliminating the 9 hour response window for a long call reserve. EVERY PILOT should be very concerned about this issue. I have already called my rep this morning and am planning more calls. He was as astounded by the letter from SD as I was. I recommend every pilot read the letter and make a attempt to contact their CP office and express your feelings on the subject. You should also contact your DALPA reps. I expect and demand a strong response from the union. This issue are why we have a union to go to bat for us - I hope that ALPA can work and get an acceptable solution, but not one that has us giving everything up. |
Originally Posted by vprMatrix
(Post 1535023)
If we had changed hotel locations for the short layover (not just moved across the street) this 15 house might be OK but as it is it is unacceptable. I would much rather go downtown than stay at the JFK airport with no food options for 15 hours not to mention the overall safety of the area.
I guess I'm the only one but I much prefer the downtown location as long as the layo time is at least 13:30. Did Alpa poll pilots on this or was it just some complainers and their negative feedback? I'm sure the company was thrilled with the change though this will save the a fortune. |
Textbook answer in common law regarding changes to contractual obligations forced by a change in statutory law:
A contract is discharged when its performance is made illegal by a subsequent change in the law. For example, suppose there is a contract to construct a three story building at a particular place. Prior to beginning construction, a zoning law is passed which prohibits such a building in this area. The contract would be discharged. However, a change of law that merely increases the cost of one of the parties is not a “change of law” that discharges the contract. For example, Mack made a contract with Richard to build an apartment house for a specific price. A number of serious apartment house fires later occurred in the city, and an ordinance was adopted by the city council increasing the fire precautions that had to be taken in the construction of a new building. Compliance with these new requirements would make the construction of the apartment house for Richard more expensive than Mack had originally contemplated. Is Mack discharged from the contract to build the apartment house? No. Mack must perform the contract even though it has been made more expensive to do so because of the change of law. Mack is not discharged from the contract, because the change of law did not prohibit the construc*tion of the building but merely made it more expensive to build. - See more at: Discharge and Substitution of a Contract - Discharge ? Performance - Contracts |
I'd say starting on January 1 we now have a 19 hour long call. Management can easily get around this by simply having more pilots on short call. This will definitely increase their costs but a contract is a contract. So be it.
Our contract cannot be changed by an "All Pilots Letter." If FAR 117 is making our contract more difficult to follow and more expensive and management wants to negotiate some modifications to comply with the new FAR then I would say "what are you willing to give up for that?" Show me the money. |
Originally Posted by Purple Drank
(Post 1535005)
...and are last-minute green slips legal under 117?
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Originally Posted by Check Essential
(Post 1535039)
If FAR 117 is making our contract more difficult to follow and more expensive and management wants to negotiate some modifications to comply with the new FAR then I would say "what are you willing to give up for that?" Show me the money.
ALPA needs to send a strong message to the company. It cost money to staff this airline and we will not be available at BK wages and work rules forever. |
Originally Posted by index
(Post 1534900)
What I do care about is the fact that one person---the DALPA Hotel Committee Chair---unilaterally waived my right to a downtown layover in NYC. The new cutoff is 15 hours v 12 hours. I was never polled on this. Were you? Each pilot individually should be able to decide.
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Originally Posted by nwaf16dude
(Post 1535019)
I really don't get why some of you seem ****ed that sailingfun came back to address this letter. I think he's absolutely right to be concerned and I appreciate his attempt to focus the group. Whether you like what he has to say or not, he's right more often than not. Unfortunately I think a lot of guys confuse him with slowplay.
Not ****ed about it at all. I find it a bit comical actually. He made it a point to proclaim that he was leaving the forum some time back (were we supposed to give him a send off?). He then returns to bring us an important issue (more important than the "whining about everything"), even though this issue would have undoubtedly been brought up by any number of other people here. But the best part of it all is, at the very same time as coming back with his important message, he goes and slams everybody posting here with his comment of "What I find here is the same usual whining about everything" and jabs at someone's dislike for the CLT layover. No case of mistaken identity with slowplay at all with the return of his usual comments. I definitely agree that this is an important issue. Hopefully it will be the 2x4 that some need to realize that constructive engagement on the company's part appears very lacking as of late. As other's have been touching on, there is a way to comply with the contract and FAR's. It just isn't to the company's liking. |
Originally Posted by Check Essential
(Post 1535039)
If FAR 117 is making our contract more difficult to follow and more expensive and management wants to negotiate some modifications to comply with the new FAR then I would say "what are you willing to give up for that?" Show me the money. |
The contract doesn't specifically give a nine hour uncontactable window for long calls - it's more of an implied thing. What it does say though, is that a long call pilot does not have to acknowledge an assignment until 3 hours prior to report. Starting next month, if you wait until you are within 10 hours of report (but more than 3) to acknowledge your assignment, you are no longer legal to fly the trip. BUT, you are still well within the your contractual rights - discipline wise, the company cannot do thing to you. And, as long as you don't actually fly the trip, the FAA could care less.
The company cannot ignore our contract in this case nor can they just unilaterally impose a two hour acknowledgement window - they are just hoping that as a pilot group we cooperate. Remember they cannot require you do something that is A. Illegal and B. Not in our contract. |
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