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-   -   hou757 & calmwinds (https://www.airlinepilotforums.com/expressjet/116917-hou757-calmwinds.html)

Nevjets 09-28-2018 12:05 PM


Originally Posted by calmwinds (Post 2682450)
The current United AFA contract does have clauses regarding acquisitions. It doesn’t look like an insurmountable obstacle to United purchasing ExpressJet though. The most severe clauses of the AFA contract come into effect if United decides to furlough it’s Flight Attendants and it was still operating ExpressJet as a separate entity.

Yes, their contract has clauses dealing with acquisitions. I’ve explained them in detail in my previous two posts. None of them prevent UAL from purchasing any regional airline as I’ve explained. I’m not aware of this furlough. I have the contract, please provide a reference.




Originally Posted by calmwinds (Post 2682476)
United has to worry about their labor agreements and it is clear the current United AFA agreement has stipulations regarding acquisitions. Maybe, they just didn’t want to get entangled with those clauses in the case of a downturn in the economy.


What stipulations and classes are you referring to and how are they related to possible downturn in the economy?

calmwinds 09-28-2018 12:23 PM


Originally Posted by Nevjets (Post 2682507)
Yes, their contract has clauses dealing with acquisitions. I’ve explained them in detail in my previous two posts. None of them prevent UAL from purchasing any regional airline as I’ve explained. I’m not aware of this furlough. I have the contract, please provide a reference.






What stipulations and classes are you referring to and how are they related to possible downturn in the economy?

Just read the acquisition section since you have the contract. Purchasing ExpressJet outright would be the acquisition of another 121 carrier.

Furloughing happens during an economic downturn. Like 2001 and 2008.

Their contract does not allow a UA FA to be furloughed if United has acquired another carrier that has not had their FA’s merged into the United FA seniority list.

I also don’t think any of this is insurmountable.

PhantomHawk 09-28-2018 03:08 PM

NevJets and calmwinds......this ought to be good......

calmwinds 09-28-2018 03:39 PM


Originally Posted by PhantomHawk (Post 2682591)
NevJets and calmwinds......this ought to be good......

I am actually not arguing or disagreeing with him. Just directing him to language in the UAL AFA contract regarding acquisitions. I need to read the acquisition language in the United Pilot agreement next.

I just don’t see that many obstacles. And, this contract replaces anything from the past that might have been around with Air Wisconsin fiasco.

Nevjets 09-28-2018 04:22 PM

hou757 & calmwinds
 

Originally Posted by calmwinds (Post 2682518)
Just read the acquisition section since you have the contract. Purchasing ExpressJet outright would be the acquisition of another 121 carrier.



Furloughing happens during an economic downturn. Like 2001 and 2008.



Their contract does not allow a UA FA to be furloughed if United has acquired another carrier that has not had their FA’s merged into the United FA seniority list.



I also don’t think any of this is insurmountable.


I have read section one and just re-read it again. There is boiler plate language keeping operations separate and furloughs from happening DUE TO THE MERGER (not the economy) until the seniority lists are integrated. That language is not a restrictive clause to prevent certain situations like the scope loa does. This language is simply a labor protection provision if or when there is an integration.

So none of that prevents UAL from buying any regional, regardless whether they are part 121 or not. I’m not sure why you mentioned part 121 to begin with.

I think you are conflating two different things in their contract.

calmwinds 09-28-2018 06:55 PM


Originally Posted by Nevjets (Post 2682624)
I have read section one and just re-read it again. There is boiler plate language keeping operations separate and furloughs from happening DUE TO THE MERGER (not the economy) until the seniority lists are integrated. That language is not a restrictive clause to prevent certain situations like the scope loa does. This language is simply a labor protection provision if or when there is an integration.

So none of that prevents UAL from buying any regional, regardless whether they are part 121 or not. I’m not sure why you mentioned part 121 to begin with.

I think you are conflating two different things in their contract.

The reason I mention 121 operations is what other business would have FA’s that the FA agreement would be worried about with mergers, purchases and acquistions.

Generally, I think we are agreeing. The original FA agreement back in the day of AW is long gone. The only part in the new FA agreement is 1.B.5 that deals with acquisitions. There is nothing that blocks the Xjet acquisition by United as long as that paragraph is followed. (Note the paragraph deals with mergers, purchases and acquistions - not just mergers - despite the title of the paragraph). Subparagraph e would be the only paragraph with any effect with separate operations and that only subparagraph only deals with furloughs.

jacburn 09-29-2018 08:55 AM


Originally Posted by calmwinds (Post 2682703)
The original FA agreement back in the day of AW is long gone. The only part in the new FA agreement is 1.B.5 that deals with acquisitions.

The lawsuit came from an LOA that was agreed to sometime around 1982 and is still in effect today. LOA 25 is still included in the current contract.

calmwinds 09-29-2018 09:16 AM


Originally Posted by jacburn (Post 2682905)
The lawsuit came from an LOA that was agreed to sometime around 1982 and is still in effect today. LOA 25 is still included in the current contract.

Thanks. Good find. I missed this LOA in my review.

I can see the FA’s using this. Paragraph 2 is pretty explicit: “Without limiting the foregoing, the Compang agrees to not establish or purchase an alter-ego airline in whole or in part.” Paragraph 1 prevents a controlling interest.

And, the 175, even the 145, definitely does routes that have been historically performed by mainline United.

Magic8Ball 09-29-2018 05:45 PM

brilliant
 
someone got Hou757, Calmwinds AND Nevjets occupied in a thread all by themselves..

WINNER OF THE INTERNET!

calmwinds 09-29-2018 05:50 PM


Originally Posted by Magic8Ball (Post 2683186)
someone got Hou757, Calmwinds AND Nevjets occupied in a thread all by themselves..

WINNER OF THE INTERNET!

That’s okay. I am pulling for Xjet. I hope the Ejet announcement is on Monday. CBreezy helped me understand Hou757 a little bit more. And, Nevjets knows his stuff.


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