Delta Arbitration

[radarlove]

I don't get why Delta is in arbitration right now. The 1113(c) process is a court process, part of bankruptcy. Where do the arbitrators enter in?

 

[FDJ2]

I don't get why Delta is in arbitration right now. The 1113(c) process is a court process, part of bankruptcy. Where do the arbitrators enter in?

Both the Company and the Union agreed to let a panel of 3 nuetrals hear the testimony and arguments and then render a decision, instead of the judge.

 

[radarlove]

Why? Especially with the threat of a strike if the contract is tossed out?

Can the arbitrators change the contract, or just toss it or keep it?

 

[FDJ2]

Why? Especially with the threat of a strike if the contract is tossed out?

Can the arbitrators change the contract, or just toss it or keep it?

My guess is that the company felt that Judge Prudence Beatty was too much of a lose cannon and management was being killed in court and the press. ALPA offered them a total of a 15% concession in exchange for time and a panel of labor experts.

Delta wanted the money now and less public scrutiny, ALPA wanted time and both sides felt more comfortable bringing their case before aviation labor experts instead of a BK judge that couldn't tell the difference between a 777 and an A320.

No the arbitrators are not empowered to change the contract. They can only rule on the motion to reject.

 

[JetPilot_Mike]

What I can't understand is why DALPA would agree to arbitration, and then if they lose, go on strike. It's kinda like taking your ball and going home if you are losing. If they wanted to go on strike, they should have let the 1113c go forward in court.

When you agree to binding arbitration, don't you have to go with what the arbitrator decides?

 

[FlyingSig]

There is no differance between being in court and being before the arbitrators. None. ALPA wanted this primarily to buy more time to prepare for a strike. At the time of the Judge Judy trial, there had been no strike vote, there was no strike committee (the chairman had just been apointed a few weeks earlier) and any job action then would have been poorly organized.

However by having the hearing in front of 3 people instead of 1 person and having 2 out of those 3 people being folks that you chose yourself, ALPA increased their odds of winning the trial. Not by much, I'd say it went from 95% chance of loosing to 85% chance of loosing... but those are better odds.

If you had talked to me 2 months ago about how I thought DALPA was doing I would've had a different answer. I still think the strike vote should have been taken before the first trial, but today, DALPA is highly organized and crystal clear in its message. I stand behind them 100%.

 

[General Lee]

What I can't understand is why DALPA would agree to arbitration, and then if they lose, go on strike. It's kinda like taking your ball and going home if you are losing. If they wanted to go on strike, they should have let the 1113c go forward in court.

When you agree to binding arbitration, don't you have to go with what the arbitrator decides?

Dalpa did NOT agree to Binding Arbitration. The arbitrators will only rule on whether or not the 1113c motion will go through, not the terms of a settlement. Our initial judge was interesting to say the least, and even though she knew BK law very well, she knew very little about airlines or their problems. The result is a Binding Decision, not Binding Arbitration, which allows us other options after the decision is rendered. If the company loses the binding decison, they are allowed to file another 1113c motion the next day, but we will revert to our old pay scale (letter 46 wages--15% higher than they are now), and nothing else will change. They need a deal with the pilots in order to get exit financing.


Bye Bye--General Lee

 

[blzr]

General,
If the arbitration panel rules in favor of the pilots, will the snap-back pay be immediate, or will management appeal the decision and keep all of us on egshells for a while longer?

 

[General Lee]

General,
If the arbitration panel rules in favor of the pilots, will the snap-back pay be immediate, or will management appeal the decision and keep all of us on egshells for a while longer?

Well, I am pretty sure that when they render a decision the letter 50 rates will go away. That would force the company to try to start negotiating in earnest quickly, since it would give us 15% of our pay back. If we lose and the company is able to throw out the contract, they may not do it right away and still negotiate. They know what will happen if they do throw it away, though. And, if they throw any part of it out, the result will be the same. I believe they will throw us a bone prior to the drop dead date, but it remains to be seen if an adequate TA will result. We have some really mad pilots.

Bye Bye--General Lee

 

[FlyingSig]

General,
If the arbitration panel rules in favor of the pilots, will the snap-back pay be immediate, or will management appeal the decision and keep all of us on egshells for a while longer?

LOA 50 (the 14% paycut) ends with a decision by the arbitration panel. Regardless of the decision.

Even if the pilots lose, the pay snaps back to LOA 46 rates. It's up to the company to impose the new rates at that point (which they would be free to do as there is no contract... however imposing rates on people who are no longer working is a moot point)

 

[Flyer2000]

If the arbritration is binding there is no appeal [according to my wife the attorney]. Is it binding, or non binding arbitration?

 

[General Lee]

If the arbritration is binding there is no appeal [according to my wife the attorney]. Is it binding, or non binding arbitration?

It is NOT binding arbitration. This is a binding decision, yet it still gives us the right to strike if we lose, and the company the right to file another 1113c the next day if they lose. They will decide on whether or not THIS 1113c motion passes. That is it.

Bye Bye--General Lee

 

[FlyingSig]

Like GL says, it's the decision that is binding. If the pilots lose, they can't appeal the decision. But they can strike. If the company is the one to lose they can't appeal the decision. But they can refile another 1113 with amended terms.

 

[Flyer2000]

That would be binding arbitration then. If the company has to change the wording and refile, or the pilots have no appeal [strike option is a separate issue], than the arbitration is binding [again in consultation with my family attorney....better half....her opinion based on what I've told her, NOT what she knows/doesn't know about this situation]. Probably getting too technical, and it's not a big deal to me which one it is, I was just curious.

Good Luck to all. I hope this works out to an agreeable decision before it comes down to a strike.