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Old 07-23-2014, 06:05 AM
  #163641  
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Originally Posted by acl65pilot View Post
Is the same process we have in place for large violations of the PWA. We can grieve it, or negotiate it. Not sure there is much taste for the second, but the first will take a ton of time during section 6.

Also codifying damages of non compliance in the PWA just would make contractual violations a business decision. IE violate the EASK provisions just pay the pilots dollars. Trust me, you do that, you create data that makes violating the PWA a good business decision. IE a dangerous road to travel. Esp w scope.
Yeah. That's what I thought you'd say. Grievance or negotiation, the result will be the same. Ultimately, jobs will have been sold. Not saying that this is in any way dALPA's fault, but there is no way that I can think of that any contract violation on the company's part can NOT result in monetary damages which equates to a sale of jobs. Unless we could write something into the contract that directly affects the operation of our JV partners (good luck with that) I don't see any other "remedy" as realistically achievable.

And for the above reason, it is already a good business decision to violate the contract. Corporations are people too, right? If they know that a violation will not be resolved for 3 or 4 years, that is a lot of coin in the bank that can be invested/leveraged to cover any reasonable damages they can expect to incur. Again, the cards are squarely stacked against us on these kinds of issues. However, I would still have the lawsuit paperwork ready to go as soon as the violation "occurs".
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Old 07-23-2014, 06:07 AM
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Originally Posted by acl65pilot View Post
No idea. The MEC has not made a decision nor do they need to. Not yet. But they are watching it and getting a lot of data on it.

I disagree. On this issue, I am coming down on the hard liners' side. This needs filing immediately upon occurrence of the violation. We know exactly when that occurs, and since the lawyers are on retainer, to have them draft the paperwork gives them something to do besides drink ALPA coffee all day.
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Old 07-23-2014, 06:12 AM
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Originally Posted by tsquare View Post
Yeah. That's what I thought you'd say. Grievance or negotiation, the result will be the same. Ultimately, jobs will have been sold. Not saying that this is in any way dALPA's fault, but there is no way that I can think of that any contract violation on the company's part can NOT result in monetary damages which equates to a sale of jobs. Unless we could write something into the contract that directly affects the operation of our JV partners (good luck with that) I don't see any other "remedy" as realistically achievable.

And for the above reason, it is already a good business decision to violate the contract. Corporations are people too, right? If they know that a violation will not be resolved for 3 or 4 years, that is a lot of coin in the bank that can be invested/leveraged to cover any reasonable damages they can expect to incur. Again, the cards are squarely stacked against us on these kinds of issues. However, I would still have the lawsuit paperwork ready to go as soon as the violation "occurs".

If the only remedy/penalty is a financial one lets make them pay dearly. Since our ALPA money folks are so sharp let them calculate the fine. Count every flight that the Big D made that was out of compliance. Someone somewhere surely knows the revenue generated by each flight. Flights X revenue = Big money fine.
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Old 07-23-2014, 06:27 AM
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Originally Posted by Carl Spackler View Post
Some might find it odd for me to be speaking past acl65pilot here, but this post and those that follow are instructive of his naked political double and triple speak. If you weren't reading closely, you might miss the Bill Clinton impersonation in this non-response to tsquare:



Isn't that special? He's not saying he disagrees with tsquare...but does that mean he agrees with tsquare? It means yes and no. It means nothing and everything.



"I'd" is the contraction for "I would". So acl65pilot would tell tsquare to write his reps. Is acl65pilot suggesting that tsquare write his reps, or just that he would tell him to do that for some reason. It means write or don't write, nothing and everything.

A college level example of political double speak.

Carl
He has to walk a fine line Carl. I don't take it personally at all. Unfortunately it's the legal system in which we have to work, but I still believe that if it remains obvious that a violation will occur, and no remedy will be brought forth willingly by the company, that the paperwork should be ready to go. I have stated that now 3 different times, so I'll let it go at that.
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Old 07-23-2014, 06:35 AM
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Originally Posted by gloopy View Post
Its been almost 4 months, or 1/3 of the "cure period".

How bad out of balance were we on 04-01-2014, and how far out of balance are we now?

For the first 1/3 of the cure period, what (if anything) has the company done to, well, cure it?

IMO we should be getting monthly updates about this exact thing.

By the way, how long do we have to be cured in order to be cured? One year? Or the same 4 years we gave them in the first place?

Also, does TLV count for the AF/KLM JV? What if we milk it for weeks, or months, or quarters….all the while our "JV Partner" does it several times a day, or maybe increases service?
This is a very fair post. I don't want to go off half cocked about this thing at all. Actually, I probably have to a too large extent, but I would like to know if we are in (or will be) compliance. But it brings up another question in my mind. Is the compliance measured on a specific date? In other words, can the breakdown be in compliance on D-0, and then be taken right back out a few days later? And is there any remedy for the three years that it was out of compliance. (Yes ACL, I know that technically the compliance measurement wasn't valid during that period) The thing is as I see it, the three years where our share of the flying was not of the correct ratio cost us jobs. How are we compensated for that time, or is it just too bad so sad, and thanks for all the fish? (5 points if you can get the highlighted reference.)
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Old 07-23-2014, 06:37 AM
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Originally Posted by GunshipGuy View Post
I don't feel entitled to a job or what comes with it, and feel that a good case needs to be made for why the group deserves what it gets; but I do feel that as part of the pilot group I am entitled to expressing why the GROUP can argue for restoration, or steps toward restoration. Trying to silence dissent to an opinion one does not agree with using the argument that because that someone wasn't personally and directly affected at a moment in time is trying to set them apart from the group. I expect my FO rep to not feel he can't argue for restoration because he has to avoid stepping on the toes of those who would scoff at his not having been personally affected at the time. Agreed?
Agreed, and for the thousandth time, I am not trying to silence anybody nor shout anybody down.
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Old 07-23-2014, 06:41 AM
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Originally Posted by GunshipGuy View Post
Speaking of union work, I'm curious: Does the person who sends out the council Hotline every Sunday get paid for doing that on Sunday, or is strictly volunteer work without any form of pay?
What freaking difference does it make? Really? If he's working for you or me, he SHOULD be paid, I don't care what day it is. Do you want to fly for free? Or am I missing your point?
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Old 07-23-2014, 06:41 AM
  #163648  
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Default Profit Sharing

From the DELTANET:

The results included $340 million set aside for employee profit sharing, which will be paid out next February. Delta has reserved $439 million this year for profit sharing. Last year, Delta’s profit sharing payout was $506 million for all of 2013.



A 12% profit sharing payout seems plausible at this point.

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Old 07-23-2014, 06:43 AM
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Originally Posted by hoserpilot View Post
If the only remedy/penalty is a financial one lets make them pay dearly. Since our ALPA money folks are so sharp let them calculate the fine. Count every flight that the Big D made that was out of compliance. Someone somewhere surely knows the revenue generated by each flight. Flights X revenue = Big money fine.
Actually the damages would be pilot upgrades lost. They would figure out how many jobs it would have taken to make up the capacity change required. They would then figure out the net change in pilot pay to upgrade from say a 737 to a 767 to fill in the gaps. We don't get the revenues from the flights, we just get the costs for the upgrade jobs lost.
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Old 07-23-2014, 06:44 AM
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Originally Posted by Jughead View Post
1.4 Billion 2nd qtr profit. Largest quarterly profit in airline history. Nice job everybody.
This industry is now officially an oligopoly. I have declared it so. Any downward amendment to profitsharing is off the table.... or should be.
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