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Old 12-07-2013 | 01:31 PM
  #144291  
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Originally Posted by Check Essential
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 construction of the building but merely made it more expensive to build. - See more at: Discharge and Substitution of a Contract - Discharge ? Performance - Contracts

Nice find. Thanks.
Old 12-07-2013 | 01:33 PM
  #144292  
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The SEC Championship game is a shoot out right now!
Old 12-07-2013 | 01:50 PM
  #144293  
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Originally Posted by johnso29
The SEC Championship game is a shoot out right now!
SEC football= no defense





. (Ducks!)
Old 12-07-2013 | 02:02 PM
  #144294  
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Great SEC Championship game going on. Good 117 thing is you won't be changed out of a SC rest into a flight and lose the SC credit now I think but I do anticipate being on all 7 SCs every month.
Old 12-07-2013 | 02:07 PM
  #144295  
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Originally Posted by PilotFrog
Great SEC Championship game going on. Good 117 thing is you won't be changed out of a SC rest into a flight and lose the sc credit now I think.
I think you're absolutely right.

2 comments:

1. When did sailingfun learn to use paragraphs and not include 8 grammatical errors each sentence?

2. Did someone really say they don't like the downtown clt layover? That has everything! Good food, good running, good workout facility, safe, and most importantly...good drinking.

That JFK train thing is ridonkulous. Glad to be away from bedbug city, though. I'm also glad for the relief given on not going all the way downtown for 12 or 13 hours. As an aside, we should always be downtown in BOS. The long layover hotel is definitely quicker to get to than the short.
Old 12-07-2013 | 02:07 PM
  #144296  
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Originally Posted by Dash8widget
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.

I agree 100%. We will just fire up the mighty DALPA legal team and ..............................., on second thought, were screwed.


What was it we used to say in the Navy, something like, "A failure to prudently plan on your (DAL) part does not constitute an emergency on our (Pilots) part.

There is no way, no way, guys are going to always respond within a few hours - the company better start thinking up a plan B ASAP.

Either that or carry enough reserves to put enough guys on SC everyday.

Scoop
Old 12-07-2013 | 02:11 PM
  #144297  
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Originally Posted by Justdoinmyjob
Oh, I agree with this, but the problem is, what to do when the Astoria won't take our business but Motel 6 will? All I'm saying is that it's not a conspiracy to find the crappiest places, but that sometimes it's only the crappiest places that will take us.
You should finish your sentence. ....it's only the crappiest places that will take us for what we're willing to pay.
Old 12-07-2013 | 02:22 PM
  #144298  
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A long call pilot that gets called in the middle of the night at 0100 for a 1300 show must now acknowledge the trip NLT 0300, there by interrupting his REM cycle and leading to terrible "rest" prior to the trip. (According to the company, not the contract).

Yeah, something has to give. They are going to have to extend long call to make any sense at all. Trips like this are going to have to go to short calls.

Whatever happens, we need to make sure that DALPA doesn't allow more short call periods. The company already gets too many IMO. "I'm only sitting a couple short calls a month right now so it doesn't matter" you say? Wait until we are experiencing a ton of movement and all the categories look like the -88 does now. Long call will be but a dream...

Looks like the ball is in our court to get some reserve improvements, because this new "policy" doesn't jive with the contract.
Old 12-07-2013 | 02:23 PM
  #144299  
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So you are on long call and the company calls you at 2am for a 2pm trip report. You now have to wake up and return the call or go online to acknowledge by 4am. Whereas, before you could just keep your ringer off and call them back at 11am. You are basically on short call continuously. BS.
Old 12-07-2013 | 02:25 PM
  #144300  
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Originally Posted by iaflyer
I live in Ann Arbor - every time I'm chatting with a FA or pilot of a certain length of service, they always say, "we used to layover in Ann Arbor on the 727 and loved it..."

Ann Arbor is a good example of a nice "downtown" layover if the length is decent. Many, many choices of places to eat, of all budgets and tastes. Things to see and do, places to exercise outside for joggers where you aren't taking you life in your hands (run on campus or in the arboretum). Also, being a college town the place doesn't close up at 7pm like some downtowns. For the FAs, it is safe with vibrant, unique shopping.

I've talked to guys who always layover at the airport at other airlines. Man, what a pain. Essentially you're stuck in the hotel, until you make the Frogger like dash across multiple lanes of traffic to reach the two places to eat. Oh, and no sidewalks because everyone drives by the airport, so you're stuck walking in the weeds next to the highway.

We spent a fair percentage of our life in hotels and on the road. I don't want it to be miserable.
Fully agree with that statement. When I was at TWA we stayed at a lot of "Holidomes." Yuck. Stay at the airport unless layover >18 hrs. You wouldn't believe the number of 17+45 layovers that were scheduled. Walking to the restaurant was life-endangering and the choices were poor and bad.

Coming to Delta I felt like I had won the lottery in the hotels we stayed, and are staying at.

PS--I believe that SWA is no longer negotiating the 1-2-3 deal. If they get it, great, but it's not a requirement. I could be wrong, however.
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