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Old 05-03-2013, 05:35 PM   #1  
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Default Whose fault Scope?

So as a student of history, I've been inspired to investigate the history of Scope, but here was my starting point, and this is taken from the bankruptcy proceedings for UAL. It was part of the corporations presentation explaining why they needed relief from the UAL Scope clause. Does anybody have a copy of the CAL Scope clause from 2000? Did they allow unlimited 50 seaters at that time? Please keep in mind that the contract was abrogated at the behest of the bankruptcy judge with no vote from the pilots. It appears that at the time UAL was holding the line against RJs but others undercut them to gain advantage.

Just wondering who fired the first shot.



Quote:
Despite the enormous revenue potential, several provisions in United’s pilot contract restrict the Company’s ability to use RJs:
  • United cannot fly RJs with more than 50 seats. (ALPA CBA 1-B-2, 1-M-12, 1-M-28)
  • To operate RJs at all, United must maintain at least 451 larger aircraft (ALPA CBA 1-C-1-f-(1)) The Company may operate more than 65 RJs only if it also maintains a fleet of 595 larger aircraft. (Id. at 1-C-1-f-(2))
  • The number of available seat miles that United can schedule for RJs is limited to a percentage of the available seat miles scheduled for United’s larger aircraft, which varies depending on the number of RJs. (Id.at 1-C-1-d; 1-M-14)
  • Ninety percent of RJs’ non-stop flights must arrive or depart from a specified list of airports, most of which are United’s hubs or other major stations. (Id.at 1-C-1-b) RJs cannot fly direct routes between many of these same airports. (Id.at 1-C-1-a-(1), 1-M-17)
  • United cannot reduce its number of pilots below 9592 as a result of RJs.( Id.at 1-C-1-g)




The cumulative effect of these and other limitations is that United presently receives only a fraction of the potential direct revenue and increased feed available from RJs. Moreover, United’s ability to weather economic downturns is hindered by the contract’s limitations on United’s ability to use RJs on routes between major airports. These labor contract restrictions decrease United’s profitability and place United at a competitive disadvantage – particularly with respect to Delta and Continental, which enjoy much greater leeway in deploying RJs as part of their networks.








Last edited by Sunvox; 05-03-2013 at 05:53 PM.
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Old 05-03-2013, 06:06 PM   #2  
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1-C – Permitted Code Sharing, Marketing,
Ownership and Other Arrangements
1-C-1 – Feeder Flying
The Company or a Company Affiliate may enter into code
sharing with Feeder Carriers in conformance with the
provisions of this paragraph C-1. The Company or a
Company Affiliate may create, acquire, Control, manage,
take an Equity interest in, enter into code sharing
arrangements with, or sell, lease or transfer aircraft to
Feeder Carriers that comply with the provisions of this
paragraph C-1 below, without the flight operations of such air
carrier being considered Company Flying or the aircraft of
such air carrier being considered Company Aircraft.
1-C-1-a – Key Cities and Domicile Routes
1-C-1-a-(1) A Feeder Carrier shall not operate any
Feeder Flying Non-Stops between current or future
Company Key Cities without the prior written consent
of the Association.
1-C-1-a-(2) Without limiting paragraph a-(1), a Feeder
Carrier shall not operate Feeder Flying Round Trips
between current or future Company pilot domiciles or
between a current or future Company Key City and a
current or future Company pilot domicile unless the
Company demonstrates that a Company Round Trip
operating in that Market instead of the Feeder Carrier
Round Trip would not pass the Base Internal Rate of
Return Test ("BIRR Test").
1-C-1-a-(3) As an exception to the foregoing, Feeder
Carriers may operate in the IAD-LGA, IAD-EWR, and
IAD-JFK Markets provided that, in order to operate
Small Jets in such Markets, the Feeder Carriers do not
operate in excess of 38,200 actual block hours in those
Markets in any period of twelve consecutive months.
1-C-1-b – Connecting Operations
Feeder Carriers as a group shall schedule at least ninety
percent (90%) of their Feeder Flying Non-Stops into or out
of the following airports: IAD, DCA, MIA, LGA, EWR, JFK,
ORD, DEN, LAX, SFO, SEA, BOS, PDX, PHX, LAS, SJC,
SAN and any other airport that the parties later agree to
add to this list. Up to five percent (5%) of Feeder Flying
flights may be applied toward satisfying this requirement
even if such flights include multiple stops, as long as such
flights (i) originate or terminate at one of the foregoing
airports, (ii) maintain a single flight number on a single
aircraft for all the legs of such flight to or from such
airport, and (iii) operate with scheduled intermediate stops
of less than two (2) hours.
1-C-1-c – Feeder Flying Permitted Range
At least 80% of the Feeder Flying Non-Stops in any month
shall take place on routes of 850 nautical miles or less.
1-C-1-d – Feeder Carrier Ratio
In each calendar quarter Feeder Flying shall not exceed
the Feeder Carrier Ratio.
1-C-1-e – Feeder Flying on Company Routes
1-C-1-e-(1) A Feeder Carrier shall not initiate a new
scheduled Feeder Flying Round Trip in any Market
operated by the Company at any time in the preceding
twenty-four (24) months, unless the Company
demonstrates that a Company Round Trip that may be
initiated in the Market instead of the Feeder Flying
Round Trip would not pass the BIRR Test.
1-C-1-e-(2) The Company shall not remove a
scheduled Company Round Trip from any Market
served by Feeder Flying unless the Company
demonstrates that the Round Trip to be removed would
not pass the BIRR Test in the absence of a Feeder
Flying Round Trip scheduled to depart within thirty (30)
minutes of the Company Round Trip.
1-C-1-f – Number of Small Jets in Feeder Flying
1-C-1-f-(1) In order to permit the operation of up to
sixty-five (65) Small Jets in Feeder Flying, the
Company will maintain in its Active Fleet no fewer than
four hundred fifty-one (451) Large-Gauge Narrowbody
Aircraft. For increases over the number sixty-five (65),
the base numbers will be four hundred and fifty-one
(451) Large-Gauge Narrowbody Aircraft and one
hundred forty-one (141) Widebody Aircraft.
1-C-1-f-(2) When the Company permits the operation
of Small Jets in Feeder Flying over the base number of
sixty-five (65), it will, at its option, either:
1-C-1-f-(2)-(a) Where the Active Large-Gauge
Narrowbody Fleet is at least four hundred fifty-one
(451), add to the Active Fleet one (1) Small-Gauge
Narrowbody for each net addition of one (1) such
Small Jets; or
1-C-1-f-(2)-(b) Increase the base Active Large-
Gauge Narrowbody Fleet of four hundred fifty-one
(451) by one (1) Large-Gauge Narrowbody Aircraft
for each net addition of three (3) such Small Jets; or
1-C-1-f-(2)-(c) Increase the base Active Widebody
Fleet of one hundred forty-one (141) by one (1)
Widebody Aircraft for each net addition of five (5)
such Small Jets.
1-C-1-f-(3) In addition to the Small Jets provided for in
paragraph 1-C-1-f-(1) and paragraph 1-C-1-f-(2)
above, the Company may permit an increase in Small
Jets operated in Feeder Flying, without increasing
Active Fleet numbers by:
1-C-1-f-(3)-(a) Permitting Feeder Carriers to replace
on a one for one basis up to one hundred and fifty
(150) Turbo/Prop Aircraft in Feeder Flying service
on [DOS] and that are thereafter retired from Feeder
Flying; or
1-C-1-f-(3)-(b) Permitting the replacement of BAe-
146 aircraft as provided in subparagraph (4) below.
1-C-1-f-(4) In addition to the Small Jets provided for in
paragraphs 1-C-1-f-(1) through (3) above, Feeder
Carrier Air Wisconsin Airlines Corp. ("AWAC") may
operate up to eighteen (18) aircraft with seating
capacity in excess of fifty (50) seats (the "AWAC
Quota"). Currently, the AWAC Quota is filled by BAe-
146 aircraft with the following tail numbers: N463AP,
N179US, N181US, N183US, N606AW, N607AW,
N608AW, N609AW, N610AW, N611AW, N612AW,
N614AW, N615AW, N616AW, N290UE, N291UE,
N292UE, and N156TR. As needed, AWAC may replace
any aircraft within the AWAC Quota with: (i) any other
BAe-146 or AVRO 85 aircraft each with no more
passenger seats than were carried in the actual
operation of the replaced aircraft, or (ii) any other
aircraft with a maximum certificated seating capacity in
the United States of eighty-five (85) seats and a
maximum certificated gross takeoff weight in the United
States of up to ninety thousand (90,000) pounds, or (iii)
up to two Small Jets.
1-C-1-f-(5) In order to satisfy the requirements set forth
in this paragraph 1-C-1-f, including sub-paragraphs 1-
C-1-f-(1) through (3) above, the Narrowbody and
Widebody Aircraft in the Company's Active Fleet must
maintain the Average Utilization Rate.
1-C-1-g – Numbers of Pilots
The absolute number of captains plus first officers
employed by the Company shall not be reduced below
9592 captains plus first officers employed on Date of
Signing as a result of Feeder Flying under the terms of
this Agreement.
1-C-1-h – Feeder Carriers Conducting Operations for
Themselves and Other Carriers
1-C-1-h-(1) An air carrier that is acting as a Feeder
Carrier (other than a Company Affiliate) may also
operate jet aircraft with a maximum certificated seating
capacity in the United States of up to seventy (70)
seats and a maximum certificated gross takeoff weight
in the United States of up to eighty thousand (80,000)
pounds on its own behalf or pursuant to agreements
with air carriers other than the Company or Company
Affiliate;
1-C-1-h-(2) An Affiliate of a Feeder Carrier (other than
a Company Affiliate) may operate any size and weight
aircraft on its own behalf and pursuant to agreements
with other carriers.
1-C-1-i – Feeder Carrier Branding
1-C-1-i-(1) Feeder Carriers may not conduct
commercial flight operations under the name United
Airlines, United Shuttle, or other names used by the
Company except as provided in subparagraph (2) below.
1-C-1-i-(2) Aircraft operated in Feeder Flying may bear
the Company's logo or aircraft livery only if such
aircraft bear the name United Express or similar name
connoting a connection with United Airlines (other than
the names United Airlines, United Shuttle or other
name used by the Company).
1-C-2 – Other Domestic Code Sharing Agreements
1-C-2-a – The Company may enter into or maintain code
sharing with Domestic Air Carriers ("Domestic Code
Sharing Agreements") that permit such carriers to apply
the Company's designator code to their operations as long
as:
1-C-2-a-(1) The number of quarterly block hours
scheduled to be operated by such carriers utilizing the
Company's designator code does not exceed one
percent (1%) of the Company's total scheduled block
hours for the same quarter within the United States and
Territories; and
1-C-2-a-(2) Domestic Code Sharing Agreements do not
take place in any operations between any current or
future Company Key Cities or Company gateway
airports.
1-C-2-a-(3) Except as provided in paragraphs C-2-a-(1)
and (2) above and C-2-b below, the Company will not
enter into schedule coordination agreements with other
Domestic Air Carriers for the purpose of creating
greater schedule connectivity. Notwithstanding the
foregoing, the Company shall not be prevented from
participating in IATA Scheduling or Slot Conferences
nor from engaging in slot exchanges with Domestic Air
Carriers.
1-C-2-b – The restrictions contained in paragraph C-2-a
above shall not apply to (i) Feeder Flying, (ii) code-share
flying operated by Aloha Airlines, Inc. in the Hawaiian
Islands under the current United-Aloha agreement and
renewals thereof or (iii) code share flying operated by a
Domestic Air Carrier that replaces Aloha Airlines under a
similar agreement limited to the Hawaiian Islands,
provided that the replacement air carrier and any major
Domestic Air Carrier Parent it may have maintain their
headquarters, executive offices, and offices for senior
flight operations personnel within the State of Hawaii.
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Old 05-03-2013, 06:16 PM   #3  
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Forgive the question, but what was the point of posting the UAL Scope when it was summarized above?

Quote:
In order to permit the operation of up to sixty-five (65) Small Jets in Feeder Flying, the Company will maintain in its Active Fleet no fewer than four hundred fifty-one (451) Large-Gauge Narrow body Aircraft.
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Old 05-03-2013, 07:07 PM   #4  
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What's the point of posting scope that doesnt exist anymore?
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Old 05-03-2013, 07:23 PM   #5  
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Quote:
Originally Posted by Sunvox View Post
Forgive the question, but what was the point of posting the UAL Scope when it was summarized above?
Sorry I scanned your post and thought you were asking for the UAL contract. Here is the IACP 1997 Scope language.

Section 1 - Recognition, Scope, Management Rights and No Strike Part 1 - Recognition
A. In accordance with Certification Number R-6193 issued by the National Mediation Board on July 7, 1993, Continental Airlines, Inc., (the “Company”), recognizes the Independent Association of Continental Pilots (the “Association”) as the collective bargaining representative of the flight deck crew members employed by the Company with the authority and obligation to represent them for the purposes of the Railway Labor Act, as amended.
B. This Collective Bargaining Agreement and any formal letters of agreement between the Company and the Association may be collectively referred to as the “Agreement.”
Part 2 - Scope
A. This Agreement covers all revenue and all known and recurring miscellaneous flying performed by the Company with jet equipment with a maximum FAA certificated capacity of 60 seats or more, and/or turboprop aircraft of 80 seats or more. This Agreement also covers all revenue and all known and recurring miscellaneous flying performed by Continental Micronesia, Inc., so long as the Company has a Controlling interest in Continental Micronesia, Inc. All flying covered by this Agreement shall be performed by pilots whose names appear on the Continental Airlines, Inc. Pilots’ System Seniority List.
B. The Company shall not directly or through an Affiliate establish any new airline or acquire a Controlling interest in any carrier, which operates jet equipment or jet replacement aircraft with a maximum FAA certificated capacity of sixty (60) seats or more, and/or turboprop aircraft of eighty (80) seats or more for the purpose of avoiding the terms of this Agreement.
C. Should any Subsidiary carrier in which the Company has a controlling interest operate jet equipment or jet replacement aircraft with a maximum FAA certificated capacity of sixty (60) seats or more, and/or turboprop aircraft of eighty (80) seats or more, pilots on the Continental System Seniority List will be given the opportunity to fly this equipment for such carrier under the terms of this Agreement.
D. The Company shall not allow its code to be placed on any flight operated by Continental Express or any other domestic commuter feeder airline which is Controlled by the Company, which flight utilizes jet equipment or jet replacement aircraft capable of a maximum FAA certificated capacity of sixty (60) seats or more, and/or turboprop aircraft of eighty (80) seats or more.
E. For the purposes of this Section, the following definitions will apply:
1. “Affiliate”, with respect to a specified Entity, means:
a. any Subsidiary, Parent or division of the specified Entity, or
b. any other Subsidiary, Parent or division of either a Parent or a Subsidiary of the specified Entity, or
c. any Entity that Controls the specified Entity or is Controlled by the specified Entity whether directly or indirectly through the Control of other Entities.
d. The term Affiliate of the Company shall exclude Northwest Airlines Corporation and its Affiliates (together “NWA”) so long as the voting restrictions with respect to NWA set forth in the Governance Agreement dated as of January 25, 1998 among the Company, Northwest Airlines Corporation and Newbridge Parent Corporation (the “Governance Agreement”) remain in effect.
2. “Parent” means any Entity that Controls another Entity.
3. “Subsidiary” means any Entity that is Controlled by another Entity.
4. “Entity” means a natural person, corporation, association, partnership, trust or any other form for conducting business, and any combination or concert of any of the foregoing.
5. “Control” or a “Controlling interest” of an Entity shall mean the ownership of an equity interest representing more than fifty percent (50%) of the outstanding capital stock of an entity or voting securities representing more than fifty percent (50%) of the total voting power of outstanding securities then entitled to vote generally in the election of such Entity’s board of directors or other governing body; provided, however, that NWA shall not be deemed to Control the Company or its Affiliates or have a Controlling interest therein so long as the voting restrictions with respect to NWA set forth in the Governance Agreement remain in effect.
Part 3 - Subcontracting
A. “Subcontracted Revenue Flying” as used in this Agreement shall refer to transactions in which the Company contracts for another carrier and its pilots to perform flying (e.g., a “wet lease”) covered by the Scope provisions of Section 1, Part 2 of this Agreement.
B. Except for the irregular operations enumerated below, or unless compelled to solely due to circumstances over which the Company does not have control as specified in paragraph C below, the Company will not engage in Subcontracted Revenue Flying without prior written agreement with the Association. “Irregular operations” shall be passenger and/or cargo accommodation due to flight cancellations in the normal course of business (e.g., weather, mechanical or other operational reasons), accommodations of passengers and/or cargo pursuant to standard industry practices (e.g., overbookings), and transportation of excess baggage.
C. The Company may engage in Subcontracted Revenue Flying solely due to circumstances over which the Company does not have control, for a time not to exceed the duration of the circumstance beyond the Company’s control or twelve (12) months, whichever is less. Circumstances beyond the Company’s control shall be: an act of nature; an ongoing labor dispute; grounding or repossession of a substantial number of the Company’s
aircraft by a government agency or a court order; loss or destruction of the Company’s aircraft; involuntary reduction in flying operations due to either a decrease in available fuel supply or other critical materials for the Company’s operation; revocation of the Company’s operating certificate(s); war emergency; or a substantial delay in the delivery of aircraft scheduled for delivery. If the Company has insufficient aircraft to fly newly awarded international route authorities, it may engage in Subcontracted Revenue Flying on the international route(s) for a period of six (6) months or until sufficient aircraft are acquired, whichever is less.
D. Flying performed by another carrier pursuant to a Marketing Agreement, as defined in Part 4.A, shall not be considered Subcontracted Revenue Flying.
Part 4 - Code-Share and Marketing Agreements
A. For purposes of this Section, “Marketing Agreement” shall mean flying performed by another carrier (including NWA and its Affiliates) whereby the other carrier transports passengers and/or cargo pursuant to a code-share, marketing, interline, joint venture, pro- rate, block-space agreement, or any other agreement or arrangement whereby another carrier uses the Company’s designator codes or operates aircraft bearing the Company’s name, trade name, logo, livery, trade marks or service marks or otherwise holds out to the public that the Company or an Affiliate of the Company (as defined in Part 2.E) is performing or is otherwise associated with the flying. Flying performed pursuant to Marketing Agreements is permitted so long as the requirements of this Part are satisfied.
B. During the period any Marketing Agreement remains in effect:
1. there shall be no reduction in the Company’s scheduled flying (aggregate scheduled block hours measured monthly as an arithmetic average of the level for the twelve (12) months prior to the initial implementation of the Marketing Agreement); and
2. there shall be no reduction in permanent pilot positions or in the status or pay category of any pilot (measured monthly as an arithmetic average of the level for the twelve (12) months prior to the initial implementation of the Marketing Agreement); and
3. there shall be no reduction in the number of aircraft in the Company’s fleet (including equipment on order), except for aircraft retirements in the normal course of business,
C. unless the Company demonstrates any such reductions were attributable to economic or other reasons not related to the Marketing Agreement.
Part 5 - No Strike Commitment
A. From the effective date of the Agreement through thirty (30) days following the date, if any, that the parties are released from mediation by the National Mediation Board in connection with negotiations for a successor Agreement (the “Release Date”), the Association, including but not limited to its directors, officers, representatives and agents, will not engage in, promote, or cause any strike or work stoppage at the Company or Continental Micronesia, Inc. including but not limited to sympathy strikes or recognition
of picket lines at the Company, and the Association will not otherwise support picket lines established at the Company, or cause any other organized job action.
B. The commitment stated in paragraph A above shall be inapplicable as of the Release Date without regard to whether the parties are then engaged in collective bargaining under the Railway Labor Act. The Company waives any claim that the commitment stated in paragraph A above remains applicable on or after the Release Date pursuant to the Railway Labor Act’s status quo provisions or otherwise. During the period that the commitment in paragraph A above remains inapplicable, it is acknowledged that the Agreement will contain no contractual prohibition on the ability of the Association and the pilots to honor lawful picket lines.
C. It shall not be a violation of this Agreement, and it shall not be cause for discharge, permanent replacement or any other disciplinary action if any pilot:
1. refuses to perform work or services on flights where the Company, pursuant to an agreement or arrangement with another air carrier, is performing that carrier’s flying and that carrier’s pilots are engaged in a lawful strike (i.e., performing “struck work”), provided that it shall not be considered to be performing struck work for the Company:
a. to expand flying from Company hub airports or to continue to transport passengers and/or cargo within its route structure on its own aircraft, including markets on that route structure having code share or other Marketing Agreement designations predating the strike, so long as the code or other designation of the struck carrier is not placed on additional segments added after the strike begins which additional segments are then operated during the strike; or
b. to transport passengers and/or cargo on its aircraft on flights where
. i the Company receives all of the revenue for the services it performs, and
. ii no direct financial benefit accrues to the struck carrier as a result of the Company’s performance of such services, and
. iii city pairs operated by the struck carrier are not initiated by the Company during the strike at the request of the struck carrier, or
2. refuses to cross or chooses to honor the lawful picket lines of fellow pilots employed by any Affiliate of the Company (as that term is defined in Section 1, Part 2.E of this Agreement); or
3. refuses to undergo training or perform pilot work or services on the property of another carrier during a lawful strike by that carrier’s pilots.
Part 6 - Successorship and Mergers
A. Successorship
1. This Agreement shall be binding upon any successor, assign, assignee, transferee, administrator, executor and/or trustee (a “Successor”) of the Company resulting from any transaction that involves:
a. Transfer (in a single transaction or in related multi-step transactions) to a Successor of ownership or Control of all or substantially all of the equity securities and/or assets of the Company (hereinafter “Complete Transaction”); or
b. Transfer to a Successor (other than in a Complete Transaction) of ownership and/or Control of a portion of the assets of the Company in a Substantial Asset Sale (hereinafter “Partial Transaction”)
2. provided, however, that the terms “Complete Transaction” and “Partial Transaction” shall not apply to any Marketing Agreement with NWA, or NWA’s acquisition of securities of the Company or related transactions so long as the voting restrictions with respect to NWA set forth in the Governance Agreement remain in effect, and Continental retains its separate corporate identity. Notwithstanding the foregoing, the provisions of Part 6 shall apply to Substantial Asset Sales between Continental and NWA and/or their Affiliates.
3. No contract or other legally binding commitment involving the transfer of ownership or Control pursuant to a Complete Transaction or a Partial Transaction will be signed or otherwise entered into unless it is agreed as a material and irrevocable condition of entering into, concluding and implementing such transaction that the Successor shall assume the employment of the pilots on the Continental System Seniority List (or such portion of the pilots transferred in a Partial Transaction) in accordance with the rates of pay, rules and working conditions set forth in this Agreement.
4. The Company shall give written notice of the existence of this Agreement to any proposed Successor before the Successor executes a definitive agreement with respect to a Complete Transaction or a Partial Transaction. If one has not been earlier provided, a copy of the notice shall be provided to the Association when the definitive agreement is executed.
B. In the event of a complete merger between the Company and another air carrier (i.e., the combination of all or substantially all of the assets of the two carriers) where the surviving carrier decides to integrate the pre-merger operations, the following procedures will apply:
1. if the Company is the surviving carrier, the Company will:
a. integrate the two pilot groups in accordance with Sections 3 and 13 of the Allegheny Mohawk LPPs, and the Company will accept the pilot seniority list obtained through this process as the pilot seniority list of the merged carrier; and
b. provide layoff pay to any pre-merger Continental pilot who is laid off during the three (3) year period commencing on the date the merger transaction is closed, in accordance with Section 13, Part 4, except that in
c.
no case shall a non-probationary pilot receive less than three (3) months pay; and
on the date the merger transaction is closed (if prior to October 1, 2000) replace the wage rates for Continental pilots covered by this Agreement then in effect with the rates that would otherwise be effective October 1, 2000 under this Agreement.
2. if the
irrevocable, written commitment of the surviving carrier:
Company is not the surviving carrier, the Company will secure the
a. to employ all pilots on the then current Continental System Seniority List in accordance with the terms and conditions of this Agreement; and
b. to integrate the two pilot groups in the same manner as stated in B.1.a above; and
c. provide the layoff pay and wage rates stated in B.1.b and B.1.c above.
3. this Agreement shall immediately become amendable as provided in Section 26 below, and in Section 6 of the Railway Labor Act.
C. A “Substantial Asset Sale” shall mean any transaction by which the Company disposes of all or substantially all of any of the assets designated below:
1. The IAH hub operation.
2. The EWR hub operation.
3. The CLE hub operation.
4. The Continental Micronesia, Inc. operation.
5. A single transaction or a series of related transactions for value which cause a reduction of more than fifty-five (55) aircraft or more than five hundred fifty (550) hours in the number of daily scheduled block hours.
D. In
displace any pilot in anticipation of the Substantial Asset Sale in order to deprive them of the protection provided by these provisions.
the event of a Substantial Asset Sale the Company will not furlough or involuntarily
E. In the event of a partial merger between the Company and another air carrier (i.e., a Substantial Asset Sale by the Company to another carrier or acquisition by the Company of both substantial assets of another carrier and the pilots associated with those assets) where the acquiring carrier decides to integrate the pre-merger operations, the following procedures will apply:
1. If the Company is the acquiring carrier, the Company will:
a. integrate the two pilot groups in the manner stated in B.1.a above; and,
b. provide the layoff pay stated in B.1.b above.
2. if the Company is not the acquiring carrier, the Company will secure the irrevocable written commitment of the acquiring carrier:
a. to offer employment at the closing of the acquisition to that number of pilots covered by this Agreement whose identity shall be determined
consistent with the seniority provisions they then enjoy, which number of pilots entitled to such employment offer shall be the average monthly pilot staffing actually utilized in the operation of the transferred assets over the twelve (12) months prior to the employment offers; and,
b. to negotiate, and to arbitrate under Allegheny-Mohawk Section 13 any differences regarding the identity or number of transferring Continental pilots that may arise with the surviving carrier; and
c. to integrate the two pilot groups in the same manner as stated in B.1.a above; and
d. provide the layoff pay stated in B.1.b above to any Continental pilot so hired by the acquiring carrier.
F. In the event of a complete merger (as defined in paragraph B, above) or a partial merger (as defined in paragraph E, above), during any period of separate operation prior to integration of the pre-merger operations, the Company or the surviving or acquiring carrier, if different than the Company, shall guarantee that it will:
1.
2.
3.
keep separate the operations of the Company and any other carrier at all times prior to such merger of operations and the concomitant integration of pilot collective bargaining agreements and of pilot seniority lists, whichever is latest; and,
forbear from interchanging or transferring pilots or aircraft:
a. in the case of a complete merger, between the Company and the other carrier, and
b. in the case of a partial merger, between the assets disposed of or acquired and the acquiring company,
in each case without the Association’s written consent; and
assure that, in the event of a complete merger, or a partial merger in which the Company is the acquiring carrier, the pilots on the Company's System Seniority List prior to the acquisition operate, in accordance with this Agreement, all aircraft on hand at the Company, all aircraft on firm order to the Company and all aircraft acquired by the Company other than as a result of the transaction after the public announcement of the acquisition, provided however that nothing herein shall be construed to prevent fleet reductions which the Company can demonstrate are attributable to economic or other reasons not related to the complete merger or partial merger transaction, or the retirement of existing aircraft in the normal course of business; and
meet promptly with the Association to negotiate the implementation of the provisions of paragraphs F.1 through F.3 above and other possible “Fence Agreements” to be in effect during the period, if any, the two carriers’ operations are to be operated separately without integration of the pilot workforce.
4.
G. In the
which does not involve an operational merger, the Company or the surviving or acquiring carrier, if different than the Company, shall guarantee that it will:
event of a Complete Transaction or a Partial Transaction with another carrier
1. keep separate the operations of the Company and any other carrier at all times prior to any subsequent merger of operations and the concomitant integration of pilot collective bargaining agreements and of pilot seniority lists, whichever is latest; and
2. forbear from interchanging or transferring pilots or aircraft:
a. in the case of a Complete Transaction, between the Company and the other carrier, and
b. in the case of a Partial Transaction, between the assets disposed of or acquired and the acquiring company,
3. in each case without the Association’s written consent; and
4. assure that the pilots on the Company’s System Seniority List prior to a Complete Transaction operate, in accordance with this Agreement, all aircraft on hand at the Company, all aircraft on firm order to the Company and all aircraft acquired by the Company, provided however that nothing herein shall be construed to prevent fleet reductions which the Company can demonstrate are attributable to economic or other reasons not related to the Complete Transaction, or the retirement of existing aircraft in the normal course of business; and
5. assure that the pilots on the Company’s System Seniority List prior to a Partial Transaction, who accept offers of employment from the acquiring carrier, continue to operate, in accordance with this Agreement, all aircraft utilized in the operation of the assets involved in the Partial Transaction, provided however that nothing herein shall be construed to prevent fleet reductions which the Company can demonstrate are attributable to economic or other reasons not related to the Partial Transaction, or the retirement of existing aircraft in the normal course of business; and
6. meet promptly with the Association to negotiate any additional terms and conditions to be in effect so long as the two operations are maintained separately.
H. Subject to applicable securities and other laws and regulations, the Company will review with the union the details of any material agreements relating to successorship transactions in a timely manner, provided that no financial or other confidential business information need be disclosed unless suitable arrangements are made for protecting the confidentiality and use of such information.
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Old 05-03-2013, 07:29 PM   #6  
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I. Flow Through Agreement
1. In the event that a Controlling interest in the Company is acquired by an air carrier or an Entity which owns or is owned by an air carrier (other than an Affiliate of the Company), the Letter of Agreement regarding Continental Airlines Employment Opportunities and Furlough Protection, dated October 10, 1997 shall immediately terminate upon the effective date of an operational merger, provided that if the acquirer does not effect a merger of airline operations, the Letter shall continue to be effective and binding until it expires by its terms.
2. In the event that a Controlling interest in the Company is acquired by another Entity, the Company will require, as a condition of any such acquisition, that the
Letter of Agreement regarding Continental Airlines Employment Opportunities and Furlough Protection, dated October 10, 1997 shall continue in effect and be binding on the acquirer until it expires by its terms.
Part 7 - Retained Management Rights
A. Except as restricted by the express terms of this Agreement and the practices under any prior Agreement, the Company shall retain all rights to manage and operate its business and work force, including but not limited to the right to sell or discontinue all or part of the business; to sell or lease aircraft or facilities; to determine where and when to operate scheduled or unscheduled flights; to determine its marketing methods and strategies, and to enter into code sharing, affiliation or Marketing Agreements with other carriers; to invest (including equity investments) in other business entities including, without limitation, other air carriers; and to determine the type of aircraft it will utilize.
B. The exercise of any right reserved herein to management in a particular manner, or the non-exercise of such right, shall not operate as a waiver of the Company’s rights hereunder, or preclude the Company from exercising the right in a different manner.
C. The parties agree that any past practices, employment policies, interim agreements, or other understandings established prior to August 31, 1995 shall not create any contractual or legal obligation to continue such practices, policies, agreements or understandings following the effective date of this Agreement.
Part 8 - Expedited Board of Adjustment Procedures
The Company agrees to arbitrate any grievance filed by the Association alleging a violation of this Section 1 on an expedited basis directly before the System Board of Adjustment sitting with a neutral arbitrator mutually acceptable to both parties. If a mutually agreed upon arbitrator cannot be selected within three (3) days of the filing, an arbitrator will be selected pursuant to Section 20 of this Agreement. The dispute shall be heard no later than thirty (30) days following the submission to the system board (subject to the availability of the arbitrator), and shall be decided no later than thirty (30) days following submission, unless the parties agree otherwise in writing.
Part 9 - Foreign Domiciles
A. The Company shall not establish any pilot domiciles outside of the United States or its territories, without providing advance, written notice to and bargaining with the Association at least ninety (90) days prior to any System or Adjustment Bid establishing such domicile.
B. In the event the Company opens a pilot crew domicile outside of the United States or its territories, pilots assigned to such domicile shall be covered by all terms of this Agreement and shall continue to enjoy all the rights, privileges and immunities of the Railway Labor Act during their foreign service.
C. Disputes concerning pilots based at foreign domiciles shall be heard by the System Board of Adjustment pursuant to Section 20 of this Agreement and Part 8 of this Section, as appropriate, and the decision of the System Board in such cases shall be enforceable in
any court of competent jurisdiction in the United States to the same extent and in the same manner as other cases arising pursuant to Section 20 of this Agreement and/or Part 8 of this Section.
Part 10 - Cabotage
The Company shall not allow its code to be used on flights of foreign carriers carrying local revenue passengers or cargo traffic between airports within the United States or its territories.
Part 11 - Commuter Air Carriers
A. The Company or its Affiliates may create, acquire, maintain an equity position in, and/or enter into Marketing Agreements with Continental commuter carriers. Revenue flying by any Continental commuter carrier pursuant to a Marketing Agreement with the Company shall be subject to the limitations set forth below.
1. Continental commuter carriers shall not, using the Company’s code, operate jet aircraft having seating capacity between sixty (60) and eighty (80) seats into or out of the Company’s hub airports, except that such operations may be conducted if the origin or destination is an NWA hub airport (e.g., MEM - IAH) so long as a Marketing Agreement between NWA and Continental remains in effect.
2. No Marketing Agreement with a Continental commuter carrier utilizing jets shall be entered into or continued unless the Company is in compliance with the protections prescribed by Part 4.B of this Section.
B. The Company will review with the union changes in flying by Continental commuter carriers which substitute commuter flying using the Company’s code for flying that is or could be flown by the Company. The Association agrees to treat the information provided in such review as confidential.
Part 12 - Other Labor Protective Provisions
A. Prior to September 1, 2002, the Company shall not furlough any pilot who was on the Continental System Seniority List as of the date of execution of this Agreement or April 1, 1998, whichever is earlier.
B. The Company shall be excused from compliance with the provisions of paragraph A above in the event that a circumstance over which the Company does not have control is the cause of such non-compliance. Circumstances beyond the Company’s control shall be: an act of nature; an ongoing labor dispute; grounding or repossession of a substantial number of the Company’s aircraft by a government agency or court order; loss or destruction of the Company’s aircraft; involuntary reduction in flying operations due to either a decrease in available fuel supply or other critical materials for the Company’s operation; revocation of the Company’s operating certificate(s); war emergency; or a substantial delay in the delivery of aircraft scheduled for delivery.
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Old 05-04-2013, 07:34 AM   #7  
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Originally Posted by Ottopilot View Post
What's the point of posting scope that doesnt exist anymore?
It has been said many ways but it still bears repeating: If you do not study your history and learn from it, you are doomed to relive it. The airline pilot profession is the living example of the truth in this statement. How else can you explain how management at every airline can use the same tactics and methods to successfully continue to ratchet down the quality and future prospects for our profession? It is so bad that in the current issue of the magazine ALPA sends to its pilots there is some bone head ALPA official extolling the virtues of "Pattern bargaining" and how it will be used in upcoming negotiations to advance the profession. The only ones using "pattern bargaining" to their advantage is airline management as they successfully continue to use their knowledge of history and the inherent flaws in ALPA's structure to diminish the airline pilot profession.
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Old 05-04-2013, 09:02 AM   #8  
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Originally Posted by Night Hawk 6 View Post
It has been said many ways but it still bears repeating: If you do not study your history and learn from it, you are doomed to relive it. The airline pilot profession is the living example of the truth in this statement. How else can you explain how management at every airline can use the same tactics and methods to successfully continue to ratchet down the quality and future prospects for our profession? It is so bad that in the current issue of the magazine ALPA sends to its pilots there is some bone head ALPA official extolling the virtues of "Pattern bargaining" and how it will be used in upcoming negotiations to advance the profession. The only ones using "pattern bargaining" to their advantage is airline management as they successfully continue to use their knowledge of history and the inherent flaws in ALPA's structure to diminish the airline pilot profession.
Well said! Unfortunately the study of our scope here at UAL is frought with pilots grabbing the money to the detriment of Scope. Albeit C2003 was forced upon the pilots in BK as Sunvox points out!

Ex#1: First Waiver; RJ Exception letter for higher mid-term wage adjuctment - 1997 - Glawe

Ex#2: Second Waiver; RJ Number Limits increased in C2000 -2000 - Dubinsky

Ex#3: Third Waiver; 76 seats configured to 70 seats in C2003 - 2003 - Whiteford

Ex#4: Fourth Waiver; 90 seats configured to 76 seats in C2012 - 2013 - Heppner

Ex#5: Fifth Waiver; ?? Will the pilots finally stop trading money for Scope??
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Old 05-04-2013, 10:07 AM   #9  
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Ex#1: First Waiver; RJ Exception letter for higher mid-term wage adjuctment - 1997 - Glawe
DAL already allowed Delta Connection 50 seaters.

Quote:
Originally Posted by Coach67 View Post
Ex#2: Second Waiver; RJ Number Limits increased in C2000 -2000 - Dubinsky
DAL was handed the leverage of UAL's C2000 and proceeded in C2001 to give management 70 seaters at DAL connection to enable management to compete more effectively.

Quote:
Originally Posted by Coach67 View Post
Ex#3: Third Waiver; 76 seats configured to 70 seats in C2003 - 2003 - Whiteford

Ex#4: Fourth Waiver; 90 seats configured to 76 seats in C2012 - 2013 - Heppner
DAL already had 90 seaters with 76 seats and allowed more of them in this last contract that predated UAL's.

Quote:
Originally Posted by Coach67 View Post
Ex#5: Fifth Waiver; ?? Will the pilots finally stop trading money for Scope??
DAL's contract is amendable 12/31/2015.

Last edited by Flytolive; 05-04-2013 at 10:22 AM.
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Old 05-05-2013, 06:15 PM   #10  
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Originally Posted by Coach67 View Post
Well said! Unfortunately the study of our scope here at UAL is frought with pilots grabbing the money to the detriment of Scope. Albeit C2003 was forced upon the pilots in BK as Sunvox points out!

Ex#1: First Waiver; RJ Exception letter for higher mid-term wage adjuctment - 1997 - Glawe

Ex#2: Second Waiver; RJ Number Limits increased in C2000 -2000 - Dubinsky

Ex#3: Third Waiver; 76 seats configured to 70 seats in C2003 - 2003 - Whiteford

Ex#4: Fourth Waiver; 90 seats configured to 76 seats in C2012 - 2013 - Heppner

Ex#5: Fifth Waiver; ?? Will the pilots finally stop trading money for Scope??

And what was the CAL Scope in 2000? I'll tell you what the scope was, it was unlimited 50 seaters which during a time of low fuel costs undercut the very legs upon which the mainline pilots were standing. The 50 seat fleet went from 65 to 500+ because of CAL and DAL. CAL and DAL purposely killed the best contract that pilots had ever seen and that is a fact. CAL undercut #1 which limited 50 seaters to a total of 65 planes and everything you mention afterwards came post bankruptcy where United pilots were fighting for their very existence, and you have the gaul to implicate UAL pilots as undermining the cause. CAL and DAL killed mainline jobs deliberately and with foresight of malice, and now they are trying to steal the career expectations of UAL pilots based on sophomoric arguments.

And, for the fact #2 is totally misleading. . . go read your history.

God forgive me, but I'm tired of the righteous CAL fight on APC. You guys were part of the problem, and no one is owning up to that fact. Say what you want about economics, profits, and fleets. The fact is you worked for cheaper wages and worse work rules and THAT is why you did better, and NOW you want a reward for that behaviour by taking my seniority? I have raised my children with a simple lesson: Rule Number 1 - Life is not fair.

I know that is true, but the hell I'm gonna sit back and tell you it's ok. Alright so now you can tell me to "Take a deep breath" "Get off my high horse" "Stop boozin' it up" or whatever trite response the minions can develop. Argue the facts and then I'll take you seriously . . .

Last edited by Sunvox; 05-05-2013 at 06:39 PM.
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