Prevent Whipsaw: One Pilot Group(XJT/ASA/SKW)
08-25-2010 | 08:23 PM
#71
Gets Weekends Off
Joined: Jul 2006
Posts: 125
Likes: 0
From: Finally a Capt.
There is a ZERO percent chance of one list happening. One way or another XJETs aircraft and flying will be part of Inc. It would be much better for XJT pilots to cooperate and merge with ASA to include an industry leading contract with whipsaw protections, than the deal be called off and SKW waiting for the inevitable to happen and then picking up the pieces. It is in XJT's 'best interests' to waive the successorship clause.
You need to understand, for SkyWest pilots there is no personal benefit for INC to buy you. I'm a compationate person, I don't want to see anyone out on the street and I'm glad that you have been given "new hope". At the same time, I have a family to feed and my primary responsibliity is to them. In the world we now live in, there is very little growth, only consumption. If you are purchased by the company I work for, you continue to exist, for without help you would surely die. With your new life however, those who are hungry continue to be hungry. This is a brutal world we live in, it has been and probably will be forever. I can't think of a way to put this without hurting feelings, but, those who are weak, never want to be thought of as weak............The quickest way to failure is ego, pride and arrogance. XJet guys: be thankful for a chance at life: If your not, then you shall surely be devoured.
08-25-2010 | 09:05 PM
#72
Prime Minister/Moderator
Joined: Jan 2006
Posts: 45,127
Likes: 796
From: Engines Turn or People Swim
I think your wrong on this:
Main Entry: en·ti·ty
Pronunciation: \ˈen-tə-tē, ˈe-nə-\
Function: noun
Inflected Form(s): plural en·ti·ties
Etymology: Medieval Latin entitas, from Latin ent-, ens existing thing, from coined present participle of esse to be — more at is
Date: 1596
1 a : being, existence; especially : independent, separate, or self-contained existence b : the existence of a thing as contrasted with its attributes
2 : something that has separate and distinct existence and objective or conceptual reality
3 : an organization (as a business or governmental unit) that has an identity separate from those of its members
Our scope language contains this word as it's main leverage. Can you argue that ASA an ASA alone bought XJT? I'm not saying it's a slam dunk we can win in court, but it has a good chance.
Main Entry: en·ti·ty
Pronunciation: \ˈen-tə-tē, ˈe-nə-\
Function: noun
Inflected Form(s): plural en·ti·ties
Etymology: Medieval Latin entitas, from Latin ent-, ens existing thing, from coined present participle of esse to be — more at is
Date: 1596
1 a : being, existence; especially : independent, separate, or self-contained existence b : the existence of a thing as contrasted with its attributes
2 : something that has separate and distinct existence and objective or conceptual reality
3 : an organization (as a business or governmental unit) that has an identity separate from those of its members
Our scope language contains this word as it's main leverage. Can you argue that ASA an ASA alone bought XJT? I'm not saying it's a slam dunk we can win in court, but it has a good chance.
08-25-2010 | 09:07 PM
#73
Prime Minister/Moderator
Joined: Jan 2006
Posts: 45,127
Likes: 796
From: Engines Turn or People Swim
That's not the extent of the language. Plus there is also the Holding Letter. Anyways, if you read the acquisition and merger agreement, you see that Inc created a third wholly owned company called the Express Merger Company. This company will become ExpressJet Airlines after the acquisition and then will be merged with ASA.
08-25-2010 | 09:29 PM
#74
Line Holder
Joined: Feb 2007
Posts: 1,292
Likes: 1
Holy effing Christ.... you are regional airline pilots.... if you have "scope" you have mouthwash in your shaving bag. Give it up. Regional pilots don't have a scope clause. Keep one group flying smaller planes than another?
Come on.
Sorry this may be the booze talking, but you don't have "scope."
Come on.
Sorry this may be the booze talking, but you don't have "scope."
Rickair... no clue about the legal jargon. I am just trying to answer other peoples questions. It will be nice when this is all over, whatever the outcome.
08-26-2010 | 05:42 AM
#75
Line Holder
Joined: Mar 2010
Posts: 1,967
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This letter was sent by the ASA MEC chairman today:
Sounds like Atkin is playing hardball, as predicted. If XJET ALPA attempts to challenge the scope provision, the deal is off.
Which is probably best for SkyWest and ASA anyhow.
August 25, 2010
Dear fellow ASA pilots:
Recently I, along with MEC Vice Chairman Sterling Roach, MEC Negotiating Chairman Chris Mankamyer and officers of the ExpressJet MEC met with SkyWest CEO Jerry Atkin, Atlantic Southeast President and COO Brad Holt and ASA VP Flight Operations Charlie Tutt to further discuss details of the ongoing merger transaction.
There are a multitude of items that must be accomplished to the satisfaction of both MEC’s to ensure a smooth merger process – those discussions generally are proceeding amicably. Though one large issue is the status and interpretation of the Scope and Successorship section of the XJT Contract, specifically Letter 1, often referred to as the ‘Holding Company Letter’ and whether or not it compels the integration of all carriers under SkyWest Inc. Jerry Aktin and Brad Holt reiterated their intent that this deal is only about the merger of ASA and XJT and will not include integration of SkyWest Airlines. However, a commitment was made to ALPA to provide certain specific guarantees relating to protections against whipsaw in the areas of staffing, transfers of aircraft and so on. These items and others would be incorporated into a formal Transition Agreement, assuming the merger process moves forward. In terms of the scope language in our current ASA Contract, the merger plans as we know them are compliant.
With the above commitment in concept, Atkin and Holt indicated that ALPA’s acceptance of the terms of the proposed purchase agreement would be required in order for the transaction to proceed (merging only ASA and XJT). Otherwise, SkyWest Inc. would likely withdraw from the transaction and move on.
This week, the ASA and ExpressJet MECs are in session separately with legal and other staff professionals to discuss the commitments made and the transaction details necessary to navigate through this process and ensure the best outcome for the future of our careers.
Tailwinds and fly safe,
Captain David Nieuwenhuis
Chairman, ASA MEC
Dear fellow ASA pilots:
Recently I, along with MEC Vice Chairman Sterling Roach, MEC Negotiating Chairman Chris Mankamyer and officers of the ExpressJet MEC met with SkyWest CEO Jerry Atkin, Atlantic Southeast President and COO Brad Holt and ASA VP Flight Operations Charlie Tutt to further discuss details of the ongoing merger transaction.
There are a multitude of items that must be accomplished to the satisfaction of both MEC’s to ensure a smooth merger process – those discussions generally are proceeding amicably. Though one large issue is the status and interpretation of the Scope and Successorship section of the XJT Contract, specifically Letter 1, often referred to as the ‘Holding Company Letter’ and whether or not it compels the integration of all carriers under SkyWest Inc. Jerry Aktin and Brad Holt reiterated their intent that this deal is only about the merger of ASA and XJT and will not include integration of SkyWest Airlines. However, a commitment was made to ALPA to provide certain specific guarantees relating to protections against whipsaw in the areas of staffing, transfers of aircraft and so on. These items and others would be incorporated into a formal Transition Agreement, assuming the merger process moves forward. In terms of the scope language in our current ASA Contract, the merger plans as we know them are compliant.
With the above commitment in concept, Atkin and Holt indicated that ALPA’s acceptance of the terms of the proposed purchase agreement would be required in order for the transaction to proceed (merging only ASA and XJT). Otherwise, SkyWest Inc. would likely withdraw from the transaction and move on.
This week, the ASA and ExpressJet MECs are in session separately with legal and other staff professionals to discuss the commitments made and the transaction details necessary to navigate through this process and ensure the best outcome for the future of our careers.
Tailwinds and fly safe,
Captain David Nieuwenhuis
Chairman, ASA MEC
Which is probably best for SkyWest and ASA anyhow.
08-26-2010 | 06:38 AM
#76
Banned
Joined: May 2006
Posts: 1,192
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I agree, I'd like it done the old fashioned way. Bid for the flying and get new aircraft and hire off the street.
08-26-2010 | 06:42 AM
#77
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Joined: Mar 2010
Posts: 1,967
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What say you, Nevets, self appointed spokesman for the XJET pilot group? Will you "call his bluff" (he's not bluffing) or will you give up on the 3-way?
What's the line in Vegas? I put my money on giving up on the 3-way, but you never know. ALPA likes telling its regionals to fall on their swords for the "greater good".
What's the line in Vegas? I put my money on giving up on the 3-way, but you never know. ALPA likes telling its regionals to fall on their swords for the "greater good".
08-26-2010 | 07:12 AM
#79
Gets Weekends Off
Joined: Jul 2008
Posts: 191
Likes: 0
What say you, Nevets, self appointed spokesman for the XJET pilot group? Will you "call his bluff" (he's not bluffing) or will you give up on the 3-way?
What's the line in Vegas? I put my money on giving up on the 3-way, but you never know. ALPA likes telling its regionals to fall on their swords for the "greater good".
What's the line in Vegas? I put my money on giving up on the 3-way, but you never know. ALPA likes telling its regionals to fall on their swords for the "greater good".
08-26-2010 | 07:15 AM
#80
Line Holder
Joined: Mar 2010
Posts: 1,967
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You guys are hilarious. Im not sure why you think Skywest and ASA would be better off? Jerry wants our CAL/UAL flying for a reason. FYI, ALPA has told us absolutely nothing at this point, some of our pilots simply want to see our contract be followed, and want to assure that whipsawing is not apart of the equation. Pretty sad that some of you can't see why we do not want separate lists.
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