The contract that DALPA secured with DAL limits the number of planes that Comair, ASA, etc, to a set percentage of Delta Mainline flying. Delta is pretty much ignoring those limits by excersizing a "force majure" clause in the contract which allows that 'scope' part of the contract to be set aside for such reasons as 'acts of war, severe economic downturn, etc. Comair continues to hire pilots and bring additional planes on property, while Delta is furloghing pilots, and getting rid of certain aircraft.
Also germain to this question is a lawsuit being filed against ALPA by an organization called the RJDC (Regional Jet Defense Coalition. The short of the lenghty brief in the suit, is that ALPA, who represents pilots at Delta and at Comair, did not fairly represent the Comair pilots when they 'scoped' the growth of the RJ's to the detriment of the small jet pilots in favor of the interests of the mainline pilots. I suspect the answer to your question can not be known until such time as a court makes a ruling on the leagality for the scope clause in the DAL contract with DALPA