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Old 06-03-2015 | 01:27 PM
  #5421  
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Incidentally Carl, you have a bit of a habit of shooting inside the circle. I'm a scope hawk, always have been, I consider it the most important part of the contract and want it defended. I agree that ALPA didn't seem to prosecute this one very vigorously. But I have a very hard time seeing how this one could have turned out much differently. If we want vigorous non-monetary penalties for violation of scope, I think those penalties are going to have to be written into the contract language.
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Old 06-03-2015 | 01:32 PM
  #5422  
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Originally Posted by JungleBus
Simmer down, groundskeeper. It's not resignation, it's sincere doubt that any mutually agreed-upon arbitrator would approve a drastic non-monetary remedy. This doubt was probably "learned" while working for a profitable Alaska Air Group (at QX) where a supposedly neutral arbitrator cut the AS pilots' pay 29% by throwing out the SWA 737 rates as an invalid comparison. If you can provide some valid counterexamples perhaps my doubt will be eased.
Really? This is what you said:

Originally Posted by JungleBus
That's the solution we'd like to see but simply not going to happen. So it was always going to come down to money.
That's a whole lot more than expressing doubt.

I'm surprised this would come from a regional guy like you. Pilots like you were here steadily seven years ago slamming pilots like me for giving up scope and imprisoning you to the regionals. Now you're here and explaining away the fact that we refused to fight a scope violation. Not a scope give away, a scope violation.

Originally Posted by JungleBus
Well, that's why I asked the question, I wasn't aware of any history of a system board using such a remedy for a scope violation. If they have, that's great news. Perhaps you could point me to an example?
I can't think of a case in my career where there was a scope violation remedied by money. I'm certainly not privy to all scope violations, but it really doesn't matter. In an arbitration, it only matters what OUR precedent is, and we just set a new one.

Carl
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Old 06-03-2015 | 01:42 PM
  #5423  
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Although this was not officially included in C15... Is there really any question that this was not traded in part for something within C15? The two negotiating tracks have clearly been conducted in parallel.

I just don't buy that this is a completely compartmentalized transaction.
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Old 06-03-2015 | 01:43 PM
  #5424  
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Originally Posted by JungleBus
Incidentally Carl, you have a bit of a habit of shooting inside the circle.
I've never cared about anybody's circle. If it's wrong, you need to call it out...regardless of circle position.

Originally Posted by JungleBus
I'm a scope hawk, always have been, I consider it the most important part of the contract and want it defended.
What you posted is not how I would define a scope hawk.

Originally Posted by JungleBus
I agree that ALPA didn't seem to prosecute this one very vigorously.
OK.

Originally Posted by JungleBus
But I have a very hard time seeing how this one could have turned out much differently.
As I said earlier, there's no chance if you don't plea for it in the hearings. It's moot now because the precedence is set.

Originally Posted by JungleBus
If we want vigorous non-monetary penalties for violation of scope, I think those penalties are going to have to be written into the contract language.
That's incorrect. Contract law allows for any and all penalties for a willful breach. Sometimes it's a monetary penalty and other times it's a remedy called Specific Performance. In other words, honor the contract exactly as written.

Again, all moot now.

Carl
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Old 06-03-2015 | 01:52 PM
  #5425  
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I guess I had no idea how the grievance process works. Who knew there was a reasonable chance a arbitrator might have ordered the entire shutdown of Delta's atlantic joint venture. Billions of dollars in revenue gone. Reservation canceled for ticket reservations numbering in the hundreds of thousands gone. A entire alliance shutdown! A probable loss in stock value in the billions. All because they came in at 47% instead of 48.5% on the EASK. Can you imagine the WSJ articles!
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Old 06-03-2015 | 01:57 PM
  #5426  
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Originally Posted by sailingfun
I guess I had no idea how the grievance process works. Who knew there was a reasonable chance a arbitrator might have ordered the entire shutdown of Delta's atlantic joint venture. Billions of dollars in revenue gone. Reservation canceled for ticket reservations numbering in the hundreds of thousands gone. A entire alliance shutdown! A probable loss in stock value in the billions. All because they came in at 47% instead of 48.5% on the EASK. Can you imagine the WSJ articles!
$30 million is a dirt cheap solution when you put it that way.
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Old 06-03-2015 | 02:01 PM
  #5427  
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Originally Posted by Purple Drank
Although this was not officially included in C15... Is there really any question that this was not traded in part for something within C15? The two negotiating tracks have clearly been conducted in parallel.

I just don't buy that this is a completely compartmentalized transaction.
By settling outside of C2015, the company has set a precedent for valuation on future scope violations. Isolating it from the contract at such a low amount works in their favor. They now have a benchmark for future scope violations as they ramp up the JVs.
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Old 06-03-2015 | 02:09 PM
  #5428  
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Originally Posted by Gunfighter
By settling outside of C2015, the company has set a precedent for valuation on future scope violations. Isolating it from the contract at such a low amount works in their favor. They now have a benchmark for future scope violations as they ramp up the JVs.
Can you tell us how many jobs were lost and about what the value should have been?
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Old 06-03-2015 | 02:18 PM
  #5429  
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Originally Posted by JungleBus
Incidentally Carl, you have a bit of a habit of shooting inside the circle. I'm a scope hawk, always have been, I consider it the most important part of the contract and want it defended. I agree that ALPA didn't seem to prosecute this one very vigorously. But I have a very hard time seeing how this one could have turned out much differently. If we want vigorous non-monetary penalties for violation of scope, I think those penalties are going to have to be written into the contract language.
Don't take it personally. For some here it's much more about making ALPA/DALPA look bad than the issue itself. Whatever happens it''s too little too late and when we get a great TA they'll try and take credit for it instead of the people really doing the work for us. The agenda is discredit ALPA at every possible juncture.
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Old 06-03-2015 | 02:36 PM
  #5430  
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Originally Posted by sailingfun
I guess I had no idea how the grievance process works.
You also have no idea how the spelling system works, but it doesn't stop you from writing.

Originally Posted by sailingfun
Who knew there was a reasonable chance a arbitrator might have ordered the entire shutdown of Delta's atlantic joint venture. Billions of dollars in revenue gone. Reservation canceled for ticket reservations numbering in the hundreds of thousands gone. A entire alliance shutdown! A probable loss in stock value in the billions. All because they came in at 47% instead of 48.5% on the EASK. Can you imagine the WSJ articles!
The loss of the JV is just one remedy plea that could have been made to force Delta to fly the EASK's required to abide by the contract they signed. But first, you have to actually take it to arbitration as opposed to setting a price on Delta pilot jobs.

Carl
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