These proceedings arise out of the April 14, 2008 announcement that Delta Airlines Inc. (“Delta” or “DAL”) and Northwest Airlines Inc. (“Northwest” or “NWA”) agreed to merge and form the world’s largest airline.

. . .


Because we are also mindful that attenuated disputes too frequently have emanated from other seniority integration decisions, we have opted for a list that seeks to achieve relative simplicity in its construction and its application. In this regard, we have rejected the notion (proposed, from time-to-time by both parties) of numerous categories, each seeking to define and segregate groups of aircraft according to various operating characteristics. We have chosen, instead, to recognize the fleets as divided simply into wide-body and narrow-body groupings, two for Captains, two for FOs.12 For purposes of counting aircraft and staffing assumptions,13 thus creating ratios in each category, we have selected a “snapshot” date of July 1, 2008.


The NWA representatives propose an earlier snapshot, based on the claim that, after December 31, 2007, Northwest stopped operating as a stand-alone entity. Beyond that date, it is argued, the Company was “managing down”, trimming its fleet in contemplation of the merger. One may reasonably assume the respective airline managements were preparing for the merger, at some level, at or before the end of 2007. We cannot conclude, however, that NWA somehow stopped normal stand-alone operations as of December 31, nor is it clear that the merger decision, as such, necessarily led to the disposition of identifiable aircraft or routes. On the other hand, there is hard evidence in the record as to fleet reductions that actually occurred14 and we find no reason why this Board should speculate about December, 2007 and ignore the demonstrated state of the fleet as of the later date suggested by the Delta group.15 In short, we believe the staffing ratios flowing from the July snapshot more accurately reflect the appropriate list-building assumptions.16