Bull...
You forgot the other 2 hours 59 minutes and 50 seconds.
...and the arbitrator is given guard rails in which the terms of a potential code share are granted. Once UAL or DAL start to code share with A320 providers then AMR can submit to the arbitrator and make the case that it is allowed under your so called "unlimited' provision.
The process is a peer averaging the competition (now only DAL and UAL) and the granting of scope relaxation for non-feed or commuter operations.
Once UAL outsources A320 to SkyWest then AMR can approach APA and if APA tell AMR to go FIS then AMR can submit to the arbitrator its case.
Hmmm, here's the contract language. It seems that, at the end of the day, APA will have an industry average domestic code share agreement. This was one of the undervalued give-aways of the 2003 we're going into bankruptcy if you don't sign this agreement.
My read (and I hope that I'm wrong) is that AA can use Domestic Codeshare along any route except for flights between ORD, DFW, MIA and STL. The arbitrator will tell the parties at the end of a very short process what the agreement will be. Given the pro-business slant of the arbitration process, I don't see how this will be good for the pilots.
I'd like to see a good layman's read of how domestic code share agreement applies to Jet Blue and their EMB190 fleet. Is the company up to something?
Scope Exception: Domestic Air Carriers Other Than Commuter Carriers
The Company may place its current or future designator code, and/or any designator code that the Company directly or indirectly controls, on a Domestic Air Carrier that is not a Commuter Air Carrier as specified below:
The Company shall notify the Association at least 30 days in advance of beginning to codeshare with a Domestic Air Carrier that is not a Commuter Air Carrier.
The Company and the Association will discuss the proposed domestic codesharing agreement for a period of 30 days after the notice in order to reach an agreement that will allow the implementation of the codeshare agreement. The parties do not intend these discussions to encompass subjects unrelated to the implementation of the codesharing agreement.
The parties will engage a mediator/interest-arbitrator to facilitate their discussions. The mediator/arbitrator will be selected by agreement from a list of interest arbitrators knowledgeable about Scope provisions in pilot collective bargaining agreements. If the parties have not reached agreement within the 30 day period, the mediator/arbitrator will resolve the outstanding issues by issuing an award within 10 days after the conclusion of the 30 days period. Any domestic codesharing agreement that the Company enters into before the issuance of the award, or the reaching of an agreement, shall not require the Company to place its code, or any code that it directly or indirectly controls, on flying by the Domestic Air Carrier.
In forming the award, the arbitrator will utilize the terms of the then-existing domestic codeshare agreements among domestic air carriers and the provisions of then-existing collective bargaining agreements for pilots at United, Delta, Northwest, Continental and USAirways airlines that are relevant to domestic codesharing. The Arbitrator will apply those agreements to establish an industry standard domestic codeshare agreement for the period of that agreement that is fair to the pilots.
The subjects to be considered by the parties and submitted to the arbitrator, if agreement cannot be reached, shall include, but not be limited to:
Procedures for reciprocal codesharing;
Terms of codesharing on flights between and from the Company’s and the Domestic Air Carrier’s hubs and focus cities;
Conditions for codesharing on flying in overlapping markets;
Conditions for blocked space arrangements;
Code sharing on International Flying;
Codesharing on regional jet flying by the Domestic Air Carrier’s associated regional airlines and commuter carriers, if any;
Block hour limitations;
Joint marketing limitations;
Adequate protections for existing AA flying;
The mutual benefits to the Company and the American Airlines pilots.
The interest arbitration will be pursuant to the Railway Labor Act.
The interest arbitrator will retain jurisdiction to resolve questions and disputes about the implementation of his award.
Section 1.C.1.b. (2), concerning Comprehensive Marketing Agreements, shall no longer be effective upon the implementation of a domestic codesharing agreement under this Section pursuant to either an arbitrator’s award or agreement with the Association.
continued...
