This is the NWA old one. Don't have time to find the updated Delta one:
a. Offers to flow up will be in seniority order, provided that, in order to be eligible to flow up a pilot, must: (1) Be a captain, and (2) Have at least thirty (30) months on payroll at Compass Airlines (see Sections 7 A. and 14 A.1.c. for definition of “on payroll”; for purposes of this paragraph 22 D.3., a pilot shall be deemed to be on payroll while on military leave). b. The maximum number of Compass pilots flowing up to Northwest shall be: (1) twenty-five percent (25%) of the total pilot group over a rolling twelve (12) month period, and (2) no more than twenty (20) pilots per month. c. For purposes of determining the “total pilot group” in paragraph D.3.b.(1) above, the following methodology shall be used: (1) As of the first day of each month, the number of pilots on the Compass Pilots’ Seniority List on the first day of that month, excluding pilots on an extended illness or absence who have not stated a return date during that month, will be determined. (2) Twenty-five percent (25%) of this number will be the maximum number of pilots permitted to flow up under this Agreement over a rolling twelve (12) month period ending in the current month. Any fraction will be rounded to the next whole number. (3) The number of flow up pilots in the prior eleven (11) months will be determined. 22-4
Section 22 - Seniority July 26, 2007
(4) If the number calculated in subparagraph (3) above is less than the number calculated in subparagraph (2), then the difference (up to twenty (20)) shall be granted a right to flow up to Northwest. EXAMPLE: On March 1, 2011, there are three hundred sixty (360) pilots on the Seniority List. Over the prior eleven (11) months, a total of eighty (80) pilots flowed up to Northwest. The total of three hundred sixty (360) pilots multiplied by twenty-five (25%) equals ninety (90) pilots. 90-80 = 10. Ten (10) additional pilots are granted flow up rights to Northwest. d. A pilot, other than a furloughed Northwest pilot, who accepts flow up to Northwest may be held at Compass for up to three (3) months beyond his Northwest class date due to operational constraints at Compass, provided that Northwest Airlines has agreed that his Northwest system seniority date and EDAP at Northwest shall be the same dates as if he had commenced training on his original Northwest class date. EXCEPTION: A supervisory pilot who has held a supervisory pilot position for at least the prior year and who has accepted flow up to Northwest may be held at Compass for up to nine (9) months beyond his Northwest class date due to operational constraints, provided Northwest Airlines has agreed to handle the pilot’s NWA system seniority date and EDAP as provided in paragraph D.3.d. above. e. Compass pilots, including furloughed Northwest pilots at Compass, shall be released to flow up to Northwest in seniority order.
Hmm! Follow me on this one, being the Devil's advocate.
Note: The interpretation is based solely on the above language. If there is something more, then the interpretation could change.
The first paragraph starts out with the word "offer." Wonder if Delta starts hiring, and there is no "offer." In other words, it sounds like there is nothing guaranteed, that it has to be "offered." There is nothing in this language that prevents the NWA, now Delta, from hiring from other sources and never hire from this pilot group. It clearly states that there has to be an "offer" under this agreement before the prescribed process has to be followed. It speaks more to the process that will be followed and never provides any guarantees of whether there will be an "offer," or that there are any priorites in hiring Compass pilots over any other pilot.
What the language really deals with is the creation of a methodical process that will take place if there is an "offer." In other words, should an "offer" be made, the process dictates pilot requirements to "qualify" to flow, and how many can flow in a given period of time so as not to deplete the staffing of this company. It is simply a process that "yokes" the pilots and regulates how, and the maximum number that can leave. It speaks nothing to any guarantees or priorites in the Delta hiring or the composite of their class, and how many if any Compass pilots would be in any new hire Delta class. This agreement simply dictates "how," and the maximum number of Compass pilots in a given period of time that can leave IF an "offer" is made. This benefits Compass.
In short, there is no mention to exclusitivity or priority in how NW, now Delta, has to hire in it's classes. Based on the language presented, Delta could hire XX number of classes of pilots and never make an "offer" to hire any Compass pilots under this agreement. Delta, even if bound, could never make an "offer", make one offer of "2", sprinkle a few "offers" here and there, or make "offers" however it chose.
At least in the language presented, there is nothing prescibed that required NWA, now Delta, to follow any required hiring numbers at Compass, in any priority in a Delta class. This agreement simply describes how qualifed pilots will leave in seniority order, and the
maximums, not minimum required, allowed over a given period, IF an "offer" is made under this agreement.