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Who said ASA has nothing about Furlough in the contract???

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Old 07-25-2008 | 07:41 AM
  #11  
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vtbvtdk, thanks for the clarification.
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Old 07-25-2008 | 07:44 AM
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Originally Posted by ebl14
So what happens if they fuel supply dwindles because Delta doesn't want to pay for the fuel to operate all your aircraft. Does that count as a reduction in flying operations due to commercial suppliers being unable to supply sufficient fuel?

Not trying to be negative, but it just seems weird that the company would sign a contract with a no-furlough clause and have no way out of it. They had 5 years to think it up didn't they?
There are lots of loop holes in every contract and if the company needs to furlough then they will and can find a way. There's no way that Jerry and Friends would ever sign a contract that didn't have loop holes. Smoke and Mirrors...............slide of hand.............whatever you want to call it.

Loop holes, if I was an ASA pilot I wouldn't put any stock in this clause.

Last edited by JetJock16; 07-25-2008 at 07:52 AM.
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Old 07-25-2008 | 08:34 AM
  #13  
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O ok, thanks for pointing that out. But I wouldnt trust that clause too much.
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Old 07-25-2008 | 09:30 AM
  #14  
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If a company needs to furlough or reduce numbers, they will do so as much as they see fit to keep the airline "viable"....
This being proven by numerous instances in the contract with wording such as " The company understands" and "The company concedes", simple fact is that it's written by lawyers so as to be changed in the future by the same.
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Old 07-25-2008 | 10:45 AM
  #15  
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Originally Posted by vtbvtdk
So, in my opinion, this portion of the contracts protects people on the seniority list as of late November 2007. That's good for them, but right now doesn't do much for the rest of the people hired since then, because the contract states that the company doesn't have to offer furlough to pilots on probation; they can just fire them (AirTran...?) Hopefully it doesn't come to that, but they are allowed...

I wouldn't worry about that if I were you. SkyWest Inc does not do business in such an underhanded, screw the workers way.

If ASA needs to furlough, they will furlough, not fire like Airtrash.
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Old 07-25-2008 | 07:29 PM
  #16  
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This doesn't say that the company cannot furlough, just not the people hired before Nov 20. That leaves roughly 180 pilots unprotected. Obviously anyone hired in the future is also not protected. It doesn't tie the company's hands, just protects jobs. Wouldn't this clause hold up in court???
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Old 07-26-2008 | 06:18 AM
  #17  
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Originally Posted by atlmsl
This doesn't say that the company cannot furlough, just not the people hired before Nov 20. That leaves roughly 180 pilots unprotected. Obviously anyone hired in the future is also not protected. It doesn't tie the company's hands, just protects jobs. Wouldn't this clause hold up in court???
Well, it doesn't say they CAN'T furlough, it just says what they can and can't furlough for...but it does a pretty half assed job at that. Leaves a lot open for interpretation unfortunately.
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Old 07-26-2008 | 06:27 AM
  #18  
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Originally Posted by vtbvtdk
The section then goes on to describe a number of situations that define when the Company has no control:

-A natural disaster
-Grounding of a substantial number of the Company’s aircraft by a government agency
-Reduction in flying operations because of a decrease in available fuel supply or other critical material due to either governmental action or commercial suppliers being unable to provide sufficient fuel or other critical materials for the Company’s operations
-Revocation of the Company’s operating certificate
-War emergency
-Delay in delivery of aircraft scheduled for delivery

Now, the third bullet there looks kind of fishy due to the current oil crisis. However, the section goes on further to say : The term “circumstances over
which the Company has no control” will not include the price of fuel or other
supplies, the price of aircraft, the state of the economy, the financial state of the Company, or the relative profitability or unprofitability of the Company’s then-current operations
This is standard ALPA boilerplate language. It is in virtually every union contract. However, I would encourage you to be familiar with the term "Force Majuere." It's French for "You're screwed either way."
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Old 07-26-2008 | 06:50 AM
  #19  
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Originally Posted by Justdoinmyjob
This is standard ALPA boilerplate language. It is in virtually every union contract. However, I would encourage you to be familiar with the term "Force Majuere." It's French for "You're screwed either way."
Actually, they learned a lot from the Delta 9/11 "forced manure" event, which is why the line about fuel prices and costs and such are there. Notice also that it says "war emergency" and not "act of war". "War Emergency" means Congress needs to declare it. Delta tried to say 9/11 was an "act of war" against the US and thus gave force majure to furlough.

Oh, btw, D-ALPA won their court case on force majure and the judge ordered the pilots
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Old 07-26-2008 | 07:02 AM
  #20  
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Originally Posted by John Pennekamp
Oh, btw, D-ALPA won their court case on force majure and the judge ordered the pilots
Yes and no. The FM-II guys were brought back because the Judge said they were furloughed illegally, (about 200 guys.) The FM-I guys, (about 1500,) were found to be furloughed legally, and thus I spent 4 1/2 years on the street.
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