SoCalAprch
Well-Known Member
Saw this somewhere else and thought Id share it here...
Typically, barring a negotiated settlement, grievances are eventually decided by binding arbitration before a neutral third party, often at a point well into the future. While the Association feels confident that our interpretation of Section 1 B. 40. d. and e. is correct, there always remain several elements of risk whenever an issue is decided through
arbitration.
After a number of face-to-face meetings and careful consideration, the parties reached a Settlement Agreement which mitigates the litigation risks but more importantly confirm the Association’s interpretation of the PWA and provides real and meaningful additional furlough protection for hundreds of the most vulnerable pilots on our seniority list, very similar to protections already available to more senior pilots.
The Settlement Agreement provides that:
The Company will agree to the Association’s interpretation of Section 1 B. 40. d. and e. but provides a one-time exception to this interpretation allowing the Company to operate up to 153 76-seat jets so long as the Company does not furlough any pilot on the integrated system seniority list as of February 9, 2009, the date the agreement was signed. With agreement on the interpretation of Section 1 B. 40. d. and e, any further increase above 153 76-seat jets will require substantial mainline fleet growth. For example, for the Company to add a 154th 76-seat jet, the mainline would have to be comprised of 768 mainline jets. Today the mainline fleet consists of 753 aircraft.
If the Company does furlough any pilot on the Integrated System eniority List, then the Company will physically remove six passenger seats from the number of 76-seat jets (in service, undergoing maintenance and operational spares) that exceeds the authorized number of 76-seat jets under the Association’s interpretation of Section 1 B. 40. d. and e.
While the Company will have 90 days from the first furlough to physically remove the seats, such seats will become immediately unusable for any purpose upon the furlough of the very first pilot on the list. It’s important to understand that the agreement is a settlement over an issue of scope language interpretation and not an issue of “scope relief.” Scope language is intended to protect pilot jobs. This agreement enhances job protections for Delta pilots. There has been no change to the scope language in our contract, and this settlement will not increase the number of regional jet hulls; it simply codifies the number of seats that will be allowed in up to 26 of those aircraft. It allows up to a total of 156 seats throughout the system (26 aircraft x 6 seats per airplane = 156) in exchange for furlough protections for hundreds of Delta pilots and their families and definitive agreement on the contractual language moving forward. Further, this agreement does not increase the ceiling on the total number of 70-seat/76-seat jets permitted by Section 1 B. 40. That number remains at 255, and with 153 76-seat jets, the total of 70/76-seat jets will be 224 while the overall number of all regional jets has decreased substantially over the past year.