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Old 06-27-2015 | 07:11 AM
  #11  
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Originally Posted by Doug Madsen
Consider this your requested rebuttal. Nothing in the PWA currently prohibits it for international carriers. The only current language is with respect to DCI carriers needing to have the word "connection" added if they're gonna put "Delta" on the airplane.
Actually, it is prohibited, for scope to be released, it has to be specifically spelled out as permitted flying. This TA allows the MEC chair to specifically permit Delta to do that, if he so chooses.
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Old 06-27-2015 | 07:22 AM
  #12  
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Originally Posted by Mesabah
Actually, it is prohibited, for scope to be released, it has to be specifically spelled out as permitted flying. This TA allows the MEC chair to specifically permit Delta to do that, if he so chooses.
Excellent point Mesabah, thanks for that. I can't believe I fell for it too.

Carl
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Old 06-27-2015 | 07:39 AM
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Originally Posted by Mesabah
Actually, it is prohibited, for scope to be released, it has to be specifically spelled out as permitted flying. This TA allows the MEC chair to specifically permit Delta to do that, if he so chooses.
Please point to the language that proves that. It's not there. Our scope clause limits what Delta can do, but its limits with respect to foreign carriers must be specifically spelled out. If it's NOT, they can do whatever they want.
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Old 06-27-2015 | 07:45 AM
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Originally Posted by SAVdude
Help me out;
Having one person, the MEC Chairman, getting sole control in deciding what foreign airline can wear Delta colors and operate without Delta crews (if I'm reading that section of the TA correctly) troubles me greatly, especially after the spectacle of the PTC road show.
I have previously posted my concerns about section 1.E.9 possibly allowing outsourcing.
In response, someone pointed out that there is currently nothing in our current PWA preventing the company from doing so now. If that's the case, why isn't Delta doing it?
Section 1.E.2 of the current contract seems to indicate that the Company cannot outsource the Delta brand without the written consent of the full MEC. If the full MEC were presented with a proposal from The Company to acquire (in whole or in part) and operate another - foreign - carrier (SkyMark?), without integrating the other airline's seniority list - and using the Delta logo - I believe it wouldn't be an issue; the MEC would not allow it.
If I'm reading and interpreting the current PWA and proposed TA correctly (and I may not be doing so), then section 1.E.9 of the TA seems to erode protection from outsourcing - not enhance it - by removing the MEC in its entirety from the decision, except the MEC Chair.
Am I wrong in my interpretation?
Yes, you are.

1 E. 2. discusses foreign partnership flying, but nothing in it restricts whether those foreign partners carry Delta colors.

And as for this being an MEC Chairman vs MEC decision, I don't know why but I just did a check and there are multiple places in Section 1 which contain similar language. See 1 N. 3., 1 N. 5., 1 O. 4., 1 O. 13., 1 O. 14, 1 P. 8., 1 Q. 7.

Need I go on?

This is another sinister rumor that is baseless and is being used by those opposed to this TA to imply something that is false.
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Old 06-27-2015 | 08:04 AM
  #15  
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Originally Posted by Doug Madsen
Please point to the language that proves that. It's not there. Our scope clause limits what Delta can do, but its limits with respect to foreign carriers must be specifically spelled out. If it's NOT, they can do whatever they want.
You have it exactly backwards Doug. I made the same mistake. After definitions, our Scope begins with 1.C.1:

C. Scope
1. Except as provided in Sections 1 D., E., O., and Q.1. 2.: All flying performed by or for the Company or any Company affiliate will be performed by pilots in accordance with the terms and conditions of this PWA.


Our scope defines that ALL flying belongs to Delta pilots...UNLESS a subsequent paragraph PERMITS the company to do otherwise.

This TA's new addition of the MEC chairman's power to sign off on use of Delta livery is a NEW PERMISSION that does not currently exist. This is a really big deal.

Carl
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Old 06-27-2015 | 08:06 AM
  #16  
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Originally Posted by Carl Spackler
You have it exactly backwards Doug. I made the same mistake. After definitions, our Scope begins with 1.C.1:

C. Scope
1. Except as provided in Sections 1 D., E., O., and Q.1. 2.: All flying performed by or for the Company or any Company affiliate will be performed by pilots in accordance with the terms and conditions of this PWA.


Our scope defines that ALL flying belongs to Delta pilots...UNLESS a subsequent paragraph PERMITS the company to do otherwise.

This TA's new addition of the MEC chairman's power to sign off on use of Delta livery is a NEW PERMISSION that does not currently exist. This is a really big deal.

Carl
Wrong again, Carl. Read your own highlighted words...
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Old 06-27-2015 | 08:15 AM
  #17  
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Originally Posted by Doug Madsen
Wrong again, Carl. Read your own highlighted words...
Again Doug, your anger and emotion is blinding you. "Except as provided" is the key element of a contractual section that is otherwise completely limiting...not the other way around.

You would be right if our scope started off by saying that pilot allocation to Delta branded flying is at the company's discretion except as provided where Delta pilots must do the flying. But our scope says just the opposite. It ALL belongs to us except to the extent we specifically PERMIT something else.

It's a very big difference, and a very big deal.

Carl
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Old 06-27-2015 | 08:25 AM
  #18  
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Originally Posted by SAVdude
Help me out;
Having one person, the MEC Chairman, getting sole control in deciding what foreign airline can wear Delta colors and operate without Delta crews (if I'm reading that section of the TA correctly) troubles me greatly, especially after the spectacle of the PTC road show.
I have previously posted my concerns about section 1.E.9 possibly allowing outsourcing.
In response, someone pointed out that there is currently nothing in our current PWA preventing the company from doing so now. If that's the case, why isn't Delta doing it?
Section 1.E.2 of the current contract seems to indicate that the Company cannot outsource the Delta brand without the written consent of the full MEC. If the full MEC were presented with a proposal from The Company to acquire (in whole or in part) and operate another - foreign - carrier (SkyMark?), without integrating the other airline's seniority list - and using the Delta logo - I believe it wouldn't be an issue; the MEC would not allow it.
If I'm reading and interpreting the current PWA and proposed TA correctly (and I may not be doing so), then section 1.E.9 of the TA seems to erode protection from outsourcing - not enhance it - by removing the MEC in its entirety from the decision, except the MEC Chair.
Am I wrong in my interpretation?
You are entirely correct.

One person having the sole authority for this is not a good idea. That is why monarchies have been passed by in favor of republics and divided democratic government.

Not that one person has ever made a bad decision that was a disaster for an entire group. TIC
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Old 06-27-2015 | 09:47 AM
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Originally Posted by Doug Madsen
Please point to the language that proves that. It's not there. Our scope clause limits what Delta can do, but its limits with respect to foreign carriers must be specifically spelled out. If it's NOT, they can do whatever they want.
No, labor law limits what Delta can do as well, the section 1 scope clause is what is permitted flying, or more specifically, who is represented under the agreement. ALPA fails to tell its pilots this, which was the whole basis of the TWA lawsuit.
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Old 06-27-2015 | 10:01 AM
  #20  
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Every change in the TA requested by management is for a reason.

The drones would have us believe these changes are meaningless.

For example.

Taking trips away from first officers (LCA trips) does not affect staffing..

If it didn't affect staffing why would management want it?
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