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Originally Posted by Professor
(Post 1903463)
The changes to the AF/KLM/AZ joint venture from an EASK to block hour ratio seems like a very confusing contract language change that could erroneously be viewed as a concession. This isn’t the case.
Carl |
Originally Posted by Professor
(Post 1903501)
Or I have an obligation to engage because I'm working on his behalf. Regardless. It's fine we differ.
It's the point of democracy. Right? |
Originally Posted by Bananie
(Post 1903537)
I think pretty much before Delta could have a foreign partner and paint the planes like Delta planes and act like it's Delta. Now they can't unless the MEC approves it. This is a gain.
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Originally Posted by Professor
(Post 1903463)
The production balances within the JV are based on twin aisle EASK’s, currently. The language in this contract changes this to a block hour balance. Delta has never been in compliance with the minimum EASK production balance. The recent grievance and settlement addressed this shortfall outside of Section 6 proceedings.
Originally Posted by Professor
(Post 1903463)
Delta was at 46.8% of EASK’s at the end of the cure date. Using the new calculation which excludes N. America/UK traffic.
Originally Posted by Professor
(Post 1903463)
Now keep in mind this: we tried to induce greater Delta traffic via this production balance level and it failed.
Originally Posted by Professor
(Post 1903463)
We ended up in a grievance and the company settled it.
Originally Posted by Professor
(Post 1903463)
The goal of this JV language is to keep flying at a 50/50 ratio between DL and the JV partners, offer a tighter compliance window (12mo. v. 36mo.) and tighten the compliance band (+/-1%).
Originally Posted by Professor
(Post 1903463)
This does that.
Carl |
Originally Posted by MtEverest
(Post 1903636)
Professor, I didn't catch the specific language speaking to the penalty for Delta going out of compliance with TA2015? There are host of showstopping issues preventing me from ever voting yes for it but for the record I would like for you to tell me what the specific penalty is for JV noncompliance?
It would be impractical to set forth penalties for non-compliance for every section of the contract. I don't think this is any different. We don't have language that specifies if the company doesn't pay us either. If the company breaks the contract we grieve it and it is either arbitrated or litigated if required. |
Originally Posted by Professor
(Post 1903639)
There is no penalty delineated. Its a contract.
It would be impractical to set forth penalties for non-compliance for every section of the contract. I don't think this is any different. We don't have language that specifies if the company doesn't pay us either. If the company breaks the contract we grieve it and it is either arbitrated or litigated if required. |
Originally Posted by Carl Spackler
(Post 1903638)
Everyone knows this. Nothing to do with this TA.
Still meaningless fluff added for confusion. It failed? Seriously? "It" didn't fail. The company ignored the language and our union REFUSED to defend it. The company didn't settle anything, they VIOLATED it. Our union settled it after management violated it. Big difference. Goals are meaningless in contract language. Only the language matters, and that's why your misreading of the language is so inexcusable since you've annointed yourself as a truth teller. The TA language does NOT say "flying" as you state above...it says "block hours." Big difference. With the block hour language, E190 equals A380. See above. Carl 'meaningless fluff' and the such don't help argue points, which I'm not even here to do. I just want you to have info. I would appreciate it if you would stop parsing my language as if we were in a trial setting. You know what I meant in the end and it is always your right to disagree. I'm sure you are currying favor with many on here with the pedantry. Again totally your purview. But no matter what Mr. Alt had to say about our exchanges, I am not lying. It is not my intention to pass anyone any information I don't know to be factual. The interpretation of the info is entirely up to the membership. A 'goal' is an objective of intent to reach. Ergo, the language of this TA aims to change the way in which we measured transatlantic balances. Parsing words like this doesn't help anyone. Just say you disagree. The numbers are incorrect and let us move on. Again, when there is more information or analysis that is helpful I will try and distribute it. |
Originally Posted by 80ktsClamp
(Post 1903640)
Then we change the metric to put them back into compliance. ;)
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Originally Posted by Professor
(Post 1903463)
Some of you will and can argue that ‘we are just giving this up’. We settled a grievance for lack of JV compliance.
Originally Posted by Professor
(Post 1903463)
Its understandable if you didn’t like it.
Originally Posted by Professor
(Post 1903463)
But it is outside of this TA.
Originally Posted by Professor
(Post 1903463)
The TA removes UK flying from the balance, adds single aisle flying that only DL does and is very advantageous to our side, because we fly all of Europe flying with 3 person crews, any AF under 9.5 block is 2 person crew.
Carl |
Originally Posted by Professor
(Post 1903639)
There is no penalty delineated. Its a contract.
It would be impractical to set forth penalties for non-compliance for every section of the contract. I don't think this is any different. We don't have language that specifies if the company doesn't pay us either. If the company breaks the contract we grieve it and it is either arbitrated or litigated if required. We know Delta is willing to ignore the language in the JV portion of our contract. I don't think even a spinster like yourself will dispute that. Let me ask the question again, why would we be foolish enough to create a new agreement that does not include stiff penalties for ignoring this particular section of our contract? if Delta is not willing to agree to such, it's as good as admitting they are ready and willing to violate it again. If they make a hundred million dollars breaking the contract and pay out thirty million in return, of course they will keep doing it. You ALPA guys keep telling us we have the best legal minds in the business and this is the best you can come up with? Something doesn't add up here. |
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