I totally agree.. You've got a guy "looking for answers" and someone who "wants to know if there are any TSA pilots that can verify any of this" and then a TSA pilot actually takes the time to post to this drivel and he's instantly called a moron...
This person is no longer looking for "answers." He's looking for a fight...
No, I'm looking for a debate on the issues, and the truth, and whether I've gotten it--or anyone here has it--is debatable. What I
have gotten--in spades--is a lot of
non sequiturs, logical fallacies, opinion and beliefs. And I'm smart enough to not base opinion on assertions with such weaknesses.
And simply because someone flies for TSA doesn't mean they're in a position to have valid knowledge of the events in question. Sure, they can cite the party line verbatim, but I'm not interested in that.
Many of you have offered your opinion on the subject and a few of you have offered your reasoning behind your opinion, but nobody's been willing to allow their opinion or reasoning to be critically examined point by point without getting offended and resorting to
ad hominem attacks--which is generally an implied acknowledgement that a position is tenuous at best.
This is about the GoJet operation being in direct violation of the TSA scope clause. Flying 70-seaters for 50-seat rates is certainly a problem, but that's not what the controversy over GoJet is about. The very existence of GoJet is a violation of the TSA scope clause. From the TSA contract:
The Company shall not create or acquire an alter ego to avoid the terms and conditions of the Agreement.
Notwithstanding the fact that I've already shown that GoJet is not, in fact, flying 70 seat jets for 50 seat rates....
Whether GoJet was created to circumvent TSA's contract with its pilot group (certainly plausible) or its contract with AMR (also plausible), is debatable.
Contract statements like that quoted in PCL's post are written in legalese, which is always highly specific in construct. With this in mind, what we have above is a two-part statement, whereby
"creation or acquisition of an alter-ego" is
qualified by the second phrase,
"to avoid the terms and conditions of the agreement". In other words, creation or acquisition of an alter ego is
only prohibited when the
express purpose for doing so is to avoid the terms and conditions of the agreement with its pilot union. In a court of law, all TSA's management would need to show is any other plausible purpose for creating the alter ego, and clearly, the AMR scope issue provides this.
In any case, the burden of proof would be on the TSA pilots to prove that TSA management's purpose in creating GoJet was solely and exclusively to evade the terms of the labor agreement. If any other valid justification exists--and one clearly does--that restrictive language simply doesn't apply. And even if it did, where is the contract language that states if TSA management DOES create an alter ego carrier, they're required to offer right of first refusal to the TSA pilots?
Which brings us to another question: why didn't the TSA pilots sue for breach of contract? And if they did, why didn't they prevail?
Again, for emphasis: I don't care what any of you
believe on the matter. I don't care how fervently you believe it. I'm only interested in WHY you believe it. And if you can't articulate this or are unwilling to allow detailed critical analysis of your reasoning, please don't bother responding.