Quote:
Originally Posted by Scoop
It was a 100% direct quote. Like I said seems like a change in status quo to me. How about everyone calls their reps.
And by the way while the primary definition of codicil relates specifically to a will a secondary definition is basically an appendix.
Scoop
I don't fault you for repeating verbatim what your ill-informed rep told you, after all, that's not your fault.
But.... your rep is wrong, plain and simple. Your Merriam-Webster secondary definition is quite a stretch.
Quote:
Originally Posted by Scoop
He is wrong. From Merriam Webster:
Full Definition of CODICIL
1
: a legal instrument made to modify an earlier will
2
: appendix, supplement
He was referring to the secondary definition of codicil - an appendix to our PWA.
FWIW - I still think its a change of the status quo.
Scoop
No Scoop, it is your rep (and now you for defending him) that are wrong.
You've gone from repeating what you were told to speaking for him ("he was referring to...) and defending it.
The point is, Scoop, words matter. Here's a section of our PWA, a/k/a the "Contract," that discusses the various methods our contract is amended. You will not see the terms "codicil" or "appendix."
"Section 28- Duration
C. Effect on Other Agreements
This PWA supercedes and cancels all
Agreements,
Supplemental Agreements,
Amendments,
Letters of Understanding,
Memorandums of Understanding,
Memorandums,
Summaries and
similar related documents executed between the Company and the Association prior to the date of signing of this PWA with the exception of the following
Letters of Agreement and
Memoranda of Understanding:
..."
These are the mechanisms (see above bolded terms) in which our contract is amended.
Now why does all this matter? What's all the fuss about using the wrong term to describe a method to amend our contract?
The point is our contract is made up of words and the meaning of those words can hinge on one word, even a comma. Your rep chose to use a term to describe an amendment to our contract that, to my knowledge, has NEVER been used before on ANY Delta pilot contract.
You told us what you were told by an "ALPA rep." Fine. What level of confidence should we have in his OPINION, if he can't even get the terminology correct?
Quote:
Originally Posted by Scoop
I just talked to a rep and was told the DALPA attorney's looked at it and it is allowed by a codicil to the pwa.
I asked you to have him provide the exact language from whatever document he claims allows this practice to occur. Where is it? Will you ask your rep to contact the DALPA attorney whom he allegedly got this information from and provide us an exact contract reference? It shouldn't be that difficult to find if it indeed exists.
The most updated "Live Contract," dated May 2015, can be found on the DALPA website. There are exactly 14 "Letters of Understanding" and 14 "Memorandums of Understanding." It should be in there, right?
I have ZERO confidence in your rep or the unnamed "DALPA attorney's [sic]" who allegedly "looked at it." Claiming the existence of a "codicil" that allows for such practice immediately raises questions regarding your rep's credibility on this issue.
I realize you disapprove of the process Scoop, as do I, but it's dangerous to take something at face value whether it be from a rep, ALPA attorney, chief pilot, scheduler, whomever. Just because someone says it's so doesn't necessarily mean it's true.