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Old 01-22-2011, 03:36 PM
  #57781  
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Originally Posted by acl65pilot View Post
Look at the amount of flying the 320 and 330 do out of ATL. Go take the time to look at the bid packages, and see how many rotations DH to and from ATL. Take the DH's out and you have ATL rotations.
True but
a) that's a lot of work between MEM, DTW and MSP,
b) they could also increase the flying out of ATL especially if they ship 737 time to DTW or something and DH guys up there. They DH a lot on that thing. I had a 737 DH'ing not long ago that said he had a 3 day trip with 3 scheduled DH's,
c) MEM 320 compared to ATL 88 is very small. My bet is something on the size of MEM 320. Just a hunch if it's just all additional flying over current ATL mainline flying.
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Old 01-22-2011, 03:38 PM
  #57782  
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Originally Posted by acl65pilot View Post
There are a few very senior FO's on the 88 that have stated they would bid the right seat of it, if it arrived. All flew the Fluff (-200) and swore they did would not bid that again, so this gives them an opportunity to do different flying.
Not to mention with the 767 going away and guys not bidding the 7ER nor attracted to the 737 the 320 might be the only step up they take. I'd bid it, but I'm not senior. So whichever one gets me higher between the 320 and 88 I'll take and my bet is that'd be the 88... but it could be the 320 if nobody bids it.
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Old 01-22-2011, 03:40 PM
  #57783  
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Check out the tracks in action... it's like America builds up a head of steam and launches into Europe and then Europe builds up a head of steam and fires back, and the planes getting passed, those are Delta's... and note the very lonely guys going between South America and South Africa
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Old 01-22-2011, 04:26 PM
  #57784  
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Originally Posted by Wilbur Wright View Post
I disagree that if the company buys 777s to replace the 787 it will be open to all pilots to bid. The "replacement" aircraft would be "allocated in accordance with the Paragraph 4. restrictions on the type it is replacing." i.e. the new positions would go to northies.

Now if 744s were replacements for 330s you might be right about that they could possibly open to everyone. You are definitely right it would go to the arbitrator.
After reviewing the last arbitrated award for claim # 2009-1 I came away with a few of observations which are relevant here.

1. An arbitrator can not add to, remove from or modify the BEH award
2. Specific terms prevail over general terms in the same document.
3. Conditions and restrictions 4 and 5 must be read together, neither negating the other.

What I'm getting to here is that, as Mr Eischen pointed out when he stated; “Specific terms prevail over general terms in the same document which otherwise might be controlling” that conditions and restriction number four is very specific, whereas conditions and restrictions number 5 is more general in nature and those two conditions and restrictions must be read together and that, the "cardinal principle is that an interpretation which renders either provision nugatory must be avoided in favor of an interpretation which gives reasoned meaning to each."

So what do I conclude from all this is that conditions and restrictions #5 does not negate the protections in # 4.

If the "replacement aircraft" were other than a 777, 747, or 787 that's a different story. JMHO

Here are some excerpts from the decision. I added bold for emphasis. You can find the entire decision on the Delta pilot website and draw your own conclusions. library>DAL dispute resolution>Dispute resolution>dispute resolution agreement arbitration-award number 1-claim 2009-1

¶4 For the period of five (5) years beginning with the first bid period after the issuance of the Single Operating Certificate (SOC), no pre-merger Northwest pilot may be awarded or displaced to a vacancy on a B777 aircraft or category and no pre-merger Delta pilot may be awarded or displaced to a B787 or B747 vacancy.

¶5 Should the merged company take delivery of any aircraft which is/are a replacement of any aircraft covered by Paragraph 4, the captain positions and, as applicable, the first officer positions on each such replacement aircraft will be allocated in accordance with the Paragraph 4. Restrictions on the type it is replacing.

For that contingency, these parties had the wisdom and foresight to establish, by Letter of Agreement dated April 29, 2009, DRC processes and procedures culminating in final and binding “rights arbitration”, which has been invoked in the instant claim concerning C & R ¶¶ 4 and 5.

However, it is necessary to reiterate and emphasize at the outset that we are now engaged in “rights” arbitration under arbitral authority expressly circumscribed by the introductory phrase of the second sentence of Article VII (G) of the DRC LOA of April 29, 2009:

“The decision of the arbitrator may not add to, remove from or modify the BEH Award.”

As I have observed elsewhere, however, it is not the proper function of any post hoc rights arbitrator to rewrite the words of an interest arbitration award under the guise of rendering an interpretation.

Both sides invoke the familiar rubric that plain and unambiguous language controls; the Delta-North group invoking ¶ 5 in support of its “Proposed Award” and the Delta-South group citing ¶ 4 in opposition. But those two paragraphs in the Conditions and Restrictions must of necessity be construed together, because ¶ 5 expressly refers to “any aircraft covered by Paragraph ¶ 4". When read together, it is apparent that in some factual circumstances lurking latent ambiguity could require reconciliation of ¶¶ 4 and 5. In performing that task, the cardinal principle is that an interpretation which renders either provision nugatory must be avoided in favor of an interpretation which gives reasoned meaning to each.

In apparent recognition of the reality that such reconciliation could be required, learned Counsel both invoked another age-old principle familiar to courts, arbitrators and other practioners of contract construction: “Specific terms prevail over general terms in the same document which otherwise might be controlling”.

If it were necessary to turn the decision of the present case on that legalistic “inside baseball” rationale, the principle of “Specialia generalibis derogant” appears more supportive of the South position than that of the North position, because it is clear that the language of ¶ 4 is more specific than that in ¶ 5.
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Old 01-22-2011, 04:27 PM
  #57785  
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Originally Posted by forgot to bid View Post
Not to mention with the 767 going away and guys not bidding the 7ER nor attracted to the 737 the 320 might be the only step up they take. I'd bid it, but I'm not senior. So whichever one gets me higher between the 320 and 88 I'll take and my bet is that'd be the 88... but it could be the 320 if nobody bids it.
No one seemed to pick up in the crew planning news that the conversion of the 767 to ER has been pushed off due to training constraints.
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Old 01-22-2011, 04:27 PM
  #57786  
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Originally Posted by acl65pilot View Post
Look at the amount of flying the 320 and 330 do out of ATL. Go take the time to look at the bid packages, and see how many rotations DH to and from ATL. Take the DH's out and you have ATL rotations.

This wouldn't be a correct method. There is a large amount of ATL flying and ATL layovers. I bet you would be hard pressed to find many rotations built CVG style with DHDs too and from atl.
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Old 01-22-2011, 04:32 PM
  #57787  
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Originally Posted by Reroute View Post
In performing that task, the cardinal principle is that an interpretation which renders either provision nugatory must be avoided in favor of an interpretation which gives reasoned meaning to each.
nu·ga·to·ry/ˈn(y)o͞ogəˌtôrē/Adjective

1. Of no value or importance.
2. Useless; futile.

Use it in a sentence with the fewest amount of words:

"You're nugatory."
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Old 01-22-2011, 04:33 PM
  #57788  
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Originally Posted by acl65pilot View Post
No one seemed to pick up in the crew planning news that the conversion of the 767 to ER has been pushed off due to training constraints.
But it's not indefinite right? So if the 767 continues to shrink and gets even more senior the seniority of most senior 88 FO's won't be enough to warrant the jump if QOL is their goal.
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Old 01-22-2011, 05:22 PM
  #57789  
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Originally Posted by georgetg View Post
BTW the 73N EECs are even better, they kick off-line when the PSEU system (that locks the overwing doors) fails... who decided to connect those two systems?

Cheers
George
I'll take "weird failures related to the radar altimeter" for $50.
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Old 01-22-2011, 05:23 PM
  #57790  
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Originally Posted by forgot to bid View Post
But it's not indefinite right? So if the 767 continues to shrink and gets even more senior the seniority of most senior 88 FO's won't be enough to warrant the jump if QOL is their goal.
The only play I see there is pay protection, if they have the cojones to bid NYC.

MD88, displaced to 765, displaced back to MD88 ... keep the 765 pay.
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