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Delta MEC Chairman Letter

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FDJ2

Well-known member
Joined
Aug 9, 2003
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3,908


March 17, 2008
Dear Fellow Pilot,
The intensity of media reports related to Delta’s role in consolidation has increased substantially over the course of the past several weeks, many with quotes attributed to "sources familiar with the talks."

During this period, I have declined to speak to the media because it would not have been in the interests of the Delta pilots to do so. In the same vein, as an MEC we have been necessarily brief and general in the communication we have provided to the pilot group because anything we provided would have almost immediately made its way to the media which might well have been detrimental to the Delta pilots. Additionally, Security Exchange Commission laws and confidentiality agreement restrictions limit what can be said.

This has been frustrating to many pilots, and it is time to provide you with an update of what has recently taken place keeping in mind the continuing restrictions we find ourselves under.


Under the direction of the Delta MEC, the MEC administration, including the extended committee structure, has been meeting with counterparts from another MEC in an attempt to provide the pilots of both carriers with an [FONT=Times New Roman,Times New Roman]alternative [/FONT]to the traditional merger process should the two carriers elect to merge. Today, I can report that while much was accomplished during a relatively short period of time, we have been unable to reach an agreement on a seniority list integration.


Throughout Delta’s bankruptcy and beyond, our goal has been to work for a financially viable airline that will provide the Delta pilots with pay, benefits and a retirement commensurate with the responsibility and experience we bring to the cockpit. Anger, fear and denial of the economic environment that surrounds us are not strategies that will achieve that goal; they are emotional reactions. Instead, the MEC has pursued every opportunity to aggressively engage Delta’s senior executives, legislators at all levels of our government, the financial community and any other parties who might have an effect on our careers as Delta pilots. As discussions of industry consolidation intensified last fall, your MEC’s engagement in this arena intensified as well.

Over the past several months, we have been consistent in our consolidation message, a message that continues to be overwhelmingly supported by input we receive from line pilots through Wilson Polling, LEC meetings, hundreds of e-mails and direct contact with the pilot group. We have made it clear to every interested party that for any proposed merger to possibly draw our support, it would:

[FONT=Wingdings,Wingdings]�� [/FONT]Require the involvement of the pilots from the earliest formative stages of the process
[FONT=Wingdings,Wingdings]�� [/FONT]Provide meaningful protections and added value to the pilots for their participation as stakeholders in the process
[FONT=Wingdings,Wingdings]�� [/FONT]And most importantly, produce an even stronger and growing airline that will vigorously and successfully compete in the domestic and international marketplaces for years to come

Much to the surprise of the pundits, financial analysts, and some of the more vocal critics within our own ranks, we made ourselves relevant in a process where labor has historically been excluded. Earlier this year, Delta’s senior executives approached your MEC to advise us of their intent to seek the Delta Board’s approval to enter merger discussions with one or more carriers and to include the MEC in the process. The Delta MEC immediately began to implement the unprecedented strategy we had been developing for months, fully prepared to either support or oppose any proposed merger depending upon the particular circumstances and the outcome of our own analysis.

As merger preparations progressed at the corporate level, the Delta MEC executed its strategy which included reaching out to the MECs of the carriers that might be involved in a potential merger with Delta. Delta management shared their confidential merger analyses for various scenarios with the Delta MEC, and the MEC was able to independently validate the analyses.
Soon, it became apparent that Delta would focus its interests on one major carrier. This scenario had the potential, under the right set of circumstances, to draw our support.

Since January, and under the direction of the respective MECs, committees from the ALPA MECs of both carriers have been meeting in an effort to provide the pilots of both carriers with an [FONT=Times New Roman,Times New Roman]alternative [/FONT]to the traditional merger process. Our intent was to accomplish what has never before been done in our industry—reach a three-party agreement between two MECs and management [FONT=Times New Roman,Times New Roman]in advance [/FONT]of any corporate merger announcement. If an agreement could be reached, each MEC would decide independently whether or not to adopt the agreement which would include terms to protect the flying of each pilot group during the transition to a single carrier; a joint pilot contract, subject to membership ratification, which would take effect at the close of the corporate transaction; and a fair and reasonable integrated seniority list which would also become effective at the close of the corporate transaction.





As I wrote in my last letter, labor integration issues are often an extremely difficult and contentious part of traditional mergers. As a result, when and



[FONT=Times New Roman,Times New Roman]if [/FONT]such mergers are eventually completed, many of the corporate synergies originally envisioned are unable to be fully realized or at least significantly delayed. A labor agreement in place ahead of a merger announcement would provide substantial value and flexibility to the merged corporation. In exchange for making this ground-breaking concept a reality, the combined pilot group would receive significant contractual improvements and an equity stake in the merged corporation.

Committees from both MECs worked diligently through many long days, over weekends and through holidays in an effort to reach an agreement on a joint pilot contract and an integrated seniority list.
During the third week of February, the Negotiating Committees of both MECs and management were able to conclude negotiations on a joint pilot contract subject to approval by both MECs and membership ratification by both pilot groups. The contract would have provided significant improvements to the current contracts of both pilot groups in the areas of pay, sick leave, defined contribution plan percentages, and included furlough protections. In the area of pay, for example, during the term of the joint agreement, the pay rates would have increased so as to not only eliminate the pay rate concessions of Letter 51, but also gain ground on the pay rate concessions of Letter 46. As another example, the DC Plan percentage contribution would have increased by 33 percent. The joint contract would also have provided the Delta pilots with a voting pilot director position on the Delta Board of Directors at the front end of the merger and codified the terms for pilots to receive an equity stake in the merged corporation.
With the remarkably successful results achieved by the Negotiating Committees and terms of the pilot equity in place, the one unresolved element of the overall package was the integration of a joint seniority list.
In a traditional merger scenario, it is common for each Merger Committee to enter negotiations in a very adversarial role with negotiating positions that are very far apart as they posture for the benefit of their pilot group. In a successful negotiation, over time, both parties will find common ground and reach a solution that represents a compromise between the two positions. Almost always, however, the process ends in an abdication of leadership and subsequent binding arbitration.

 
Part II

We were not, however, in a traditional merger scenario. We were breaking new ground and held before us a unique opportunity, but the window for that opportunity was narrow and not able to accommodate either the lengthy timeline or the adversarial relationship of the traditional approach. With that in mind, we approached the negotiating table not at an extreme, but in the middle; not adversarial, but cooperative. We presented a rational and fair integration method that would have provided all pilots of the merged corporation with a post-merger relative seniority very close to that of their respective pre-merger relative positions and included an innovative method of preserving premium flying positions for both pilot groups going forward many years. The other committee took a different approach.


As negotiations continued and with every other element of the package in place, I convened the MEC in special session in New York in late February to update them on the progress and to have them in place in anticipation of an agreement on an integrated seniority list. If an integrated list were to be achieved, all the elements of the overall package would be complete, and the MEC would have all the information they needed to make an informed decision.

Unfortunately, we reached the point where it became clear that our "middle ground" position would not be met by the end of the New York meeting. After every reasonable effort on our part to reach a fair, rational and reasonable integrated seniority list failed, I called our extended team together. I thanked them for their innovative and tireless efforts on behalf of the pilots of both airlines. Then I asked them to pack their bags and go home. While we would remain open and willing to engage further if there were reason to believe movement on the seniority list integration would take place, their work at that point was done.

Next, I asked the MEC for a motion to adjourn. Without an integrated seniority list, there was no overall package to discuss, debate or on which to cast a vote. The motion was made to adjourn, seconded and unanimously passed. The MEC meeting was over and an opportunity, at least for the time being, was lost.

A short time after the MEC’s return from New York, several members of the MEC administration and I travelled to Washington at the request of the other MEC administration to resume seniority list integration discussions. Proposals were developed and exchanged which sought to address the unique needs of both pilot groups, but after several days, it became clear that the position of the other pilot group had not meaningfully changed, and therefore the on-again, off-again integration talks were suspended without substantial movement toward a middle ground agreement.

This weekend, I informed the MEC that I had received a communication from my counterpart at the other MEC. He indicated that while they were unable to address [FONT=Times New Roman,Times New Roman]our [/FONT]last proposal, they were willing to discuss [FONT=Times New Roman,Times New Roman]their [/FONT]last proposal further—a proposal that in our team’s estimation would jeopardize the seniority and career expectations of Delta pilots. I declined and informed the MEC and Delta’s senior executives that the two MECs were unable to reach an agreement on an acceptable seniority list integration.
We have stated many times that while we are open to the right consolidation, we will not [FONT=Times New Roman,Times New Roman]seek [/FONT]a transaction for transaction’s sake. Neither will we [FONT=Times New Roman,Times New Roman]chase [/FONT]a transaction for transaction’s sake.

In summary, after months of arduous work by many dedicated pilots from both pilot groups, results were achieved in many areas that were nothing short of remarkable, especially in light of today’s industry environment. We were in a position to shatter the traditional merger mold as it relates to labor integration. But the only way to reach an agreement on seniority list integration would have been to abandon our middle ground position and sacrifice the seniority and career expectations of Delta pilots across the Delta seniority list. Not a single member of the MEC, the MEC administration or the committee members involved in the process was willing to let that happen under any circumstances.

There were many MEC committee members involved in attempting to provide you with an alternative to the traditional merger process. Over the past several months, they did everything your MEC asked of them and more. While I am sure they cannot help but feel somewhat frustrated that the results of their efforts will never be actualized, they can take great pride and reassurance in the fact that they refused to be bound by the traditional process and that in [FONT=Times New Roman,Times New Roman]almost [/FONT]every area, they were able to work with their counterparts with mutual respect and trust, abandon suspicion and old mindsets, and look forward to a common goal with a substantially brighter outcome for the pilots of a merged corporation than alternative scenarios and historical precedents.

So what happens next? Quite frankly, the answer to that question is unclear. We work in an industry filled with uncertainty. Last week, the price of oil closed above $110 per barrel, a new record high. The price of fuel is just one of the many threats that face our profession and that place the business plans of all airlines at risk. In broad terms, Delta’s senior executive team and the Delta Board of Directors decide the direction of the company, and that direction may or may not include consolidation. For our part, the MEC will determine the course it will take under the many possible consolidation scenarios. It remains the firm belief of the Delta MEC that pilot involvement [FONT=Times New Roman,Times New Roman]before [/FONT]a final decision in any consolidation option is absolutely essential, and your MEC will continue to communicate this to the Delta Board of Directors and the senior executive team. Nevertheless, in the event of any corporate merger announcement, we will retain our rights to seek to shape, or if we deem appropriate, oppose a transaction.
Perhaps most importantly, your MEC will continue its strategy of aggressive engagement at every opportunity in pursuit of its oft stated goal: to ensure the Delta pilots work for a company that has long-term viability with pay, benefits, working conditions and retirement commensurate with the responsibility and experience required of our profession.

Fraternally,
Lee Moak, Chairman
Delta MEC
 
"We presented a rational and fair integration method that would have provided all pilots of the merged corporation with a post-merger relative seniority very close to that of their respective pre-merger relative positions and included an innovative method of preserving premium flying positions for both pilot groups going forward many years. The other committee took a different approach."

Moak and Co. did a great job working the deal to make the equity and contract improvements available to both groups. I still think their "middle of the road" position was much too generous considering the number of higher paying positions DL brings that would have been available to NWA on every AE from here on out and the stagnation every DL guy would have experienced as our new co-workers chased the bigger dollars.
 
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Ah, I guess it was a good try. Those guys really didn't want higher pay, better rules, better bases, 100K in cash, their own CEO gone, all the while keeping their pension.... Nah. They will probably get that in 2011, or 2013? Wait, they will get that when their 787s finally come, in 2012? Whatever.


Bye Bye--General Lee
 
Well, the last 6 months haven't been a total loss for NWA and its pilots. At least they (and TPG) acquired Midwest Airlines...
 
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Until you see the combined list AND any fences or restrictions, you cannot determine what was a fair deal.

In fact, you can't determine a fair deal until you retire. NWA/Republic (the REAL Republic) has shown that. TC
 
Until you see the combined list AND any fences or restrictions, you cannot determine what was a fair deal.

In fact, you can't determine a fair deal until you retire. NWA/Republic (the REAL Republic) has shown that. TC

If your airline goes bankrupt, liquidates, or furloughs as a result of not accepting a rational merger opportunity...you may get some kind of indication before you retire.
 
Ah, I guess it was a good try. Those guys really didn't want higher pay, better rules, better bases, 100K in cash, their own CEO gone, all the while keeping their pension.... Nah. They will probably get that in 2011, or 2013? Wait, they will get that when their 787s finally come, in 2012? Whatever.


Bye Bye--General Lee
Wow, sounds like everything is better at Delta....theres that jab at the 787 again..your like a broken record.
 
If your airline goes bankrupt, liquidates, or furloughs as a result of not accepting a rational merger opportunity...you may get some kind of indication before you retire.

You start where you start and call it "middle ground" and declare it "rational", thereby labeling the others "irrational" if they don't meet your position.

I like it. So would Machiavelli... TC
 
You start where you start and call it "middle ground" and declare it "rational", thereby labeling the others "irrational" if they don't meet your position.

I like it. So would Machiavelli... TC

No need to get too dramatic. It was an alternative to the traditional form of integration. Nothing more nothing less. No one is holding a gun to anyones head.

The leverage created to give pilots equity up front and contractual improvements up front was only available if both sides met in the middle rapidly without all the theatrics and bluster of the traditional drawn out procedures. It required that both merger committees do their homework and arrive at the negotiations not looking for the best deal they can get, but the fairest most ratifiable deal for all the pilots.

That leverage is probably no longer there. Despite the wishes of some that it's not over and we can put humpty dumpty back together again, I very much doubt that the numbers are there to justify the gains and equity that were available two months ago.

We're all big boys and girls, we all make our own decisions and we'll all be accountable for them.

I wish the NWA pilots well and hope they do well in their next contract negotiations. Hopefully the planets will all line up and they'll be able to get the large contractual gains they are use to getting in section 6.
 
Wow, sounds like everything is better at Delta....theres that jab at the 787 again..your like a broken record.

The corporal is pissed that NWA pilots didn't take the bait. It would have been better for him and his gear-slinging buddies if they did. Great furlough protection too.

NWA pilots are better off in the long run.
 
Exactly, I can't understand why Delta pilots are so pissed off at NWA for not taking the deal. Are they pissed they won't get the chance to go to compass once they are furloughed???
 
he leverage created to give pilots equity up front and contractual improvements up front was only available if both sides met in the middle rapidly without all the theatrics and bluster of the traditional drawn out procedures.
Met in the middle? I thought DALPA came into the room the first time with their last best offer. This was not a negotiation right? That's all I seem to hear from the Deltoids here. Which was it?
 
Met in the middle? I thought DALPA came into the room the first time with their last best offer. This was not a negotiation right? That's all I seem to hear from the Deltoids here. Which was it?

It seems that one group came in trying to change the paradyme and get something for both groups. Your group came in trying to do business the old fashioned way which didn't have a chance in this scenario. My guess is that it was taken poorly that DL came in prepared, with a plan benefiting all, that wasn't a blatant one-sided opener.

I'm glad this is dead or dying because I think it's a terrible time to be doing a merger like this with the initial cash outlay that will be required. I also think it would have exposed DL guys to a fleet of inefficient airplanes that would have been the first to be grounded at the combined carrier. One scope clause and a no furlough clause will get you a cup of coffee at Dunkin Donuts when the sh*t hits the fan. Not that I think NW will do the same. I just think they would have been very vulnerable at the combined carrier.

I am curious though, if what the reps say is true that everyone would have been within 1% of their current relative seniority after the merger what was so bad about it from your perspective? I've heard the "we have more retirement" arguements but it seems they adressed that and many more NW guys would have been better off with the deal than without. Many more opportunities to move to higher paying airframes, keep your retirement and improve the DC plan, get equity, and contract improvements. I don't see any point which your side was willing to give anything while relative seniority has DL guys giving a lot of seniority up on larger aircraft. There also was a pot of funds available to the pilots for the deal of which you would have gotten the lion's share.

3 years until the next contract plus another 1 or 2 for negotiation is a good part of most people's career. No telling what the industry will look like at that point.
 
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It seems that one group came in trying to change the paradyme and get something for both groups. Your group came in trying to do business the old fashioned way which didn't have a chance in this scenario. My guess is that it was taken poorly that DL came in prepared, with a plan benefiting all, that wasn't a blatant one-sided opener.

I'm glad this is dead or dying because I think it's a terrible time to be doing a merger like this with the initial cash outlay that will be required. I also think it would have exposed DL guys to a fleet of inefficient airplanes that would have been the first to be grounded at the combined carrier. One scope clause and a no furlough clause will get you a cup of coffee at Dunkin Donuts when the sh*t hits the fan. Not that I think NW will do the same. I just think they would have been very vulnerable at the combined carrier.

I am curious though, if what the reps say is true that everyone would have been within 1% of their current relative seniority after the merger what was so bad about it from your perspective? I've heard the "we have more retirement" arguements but it seems they adressed that and many more NW guys would have been better off with the deal than without. Many more opportunities to move to higher paying airframes, keep your retirement, get equity, and contract improvements. 3 years until the next contract plus another 1 or 2 for negotiation is a good part of most people's career. No telling what the industry will look like at that point.

I am not going to say cuts wont happen here because they have already been planned. But how many arguments on this forum were there from the DAL guys stating how DAL is so much better off, newbs going straight to the 767, much more hiring numbers than NWA, NWA parking DC9s, DAL isn't parking planes, etc etc. Look at things now. DAL came into the merger talks acting as though they had much more to offer than NWA did and the NWA guys didn't buy it. NWA runs a lean ship and that hopefully has us in a better position through this mess but this just goes to show me that the NWA guys did a fine job not giving into the DAL high and mighty stance. Hopefully everything turns out ok for us all but i am sure this brought the reality level back down for Some of the DAL guys that needed it. Just an observation.
 

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