FlyingSig
Double Breasted _ _ _
- Joined
- Dec 1, 2001
- Posts
- 560
March 1, 2006
Dear Fellow Pilot,
Today, at 5 pm EST, the Letter 50 deadline to negotiate a comprehensive tentative agreement passed without an agreement being reached. We now shift our focus to our litigation strategy while we continue to negotiate and as we transition to the next phase of the Letter 50 process.
I want to briefly review some details of this next phase of the Letter 50 agreement. Management's 1113 motion will now be submitted to a third-party neutral panel in accordance with the provisions and timeline of Letter 50. The initial hearing will commence on March 13, with a final binding decision due no later than 45 days from today-or April 15, 2006. The panel's decision will be based on the standards of Section 1113 of the U.S. Bankruptcy Code as applied by the U.S. Court of Appeals for the Second Circuit. Their decision is limited to either granting or denying management's 1113 motion. In the meantime, all other terms and conditions of Letter 50 remain in effect.
I want to emphasize that we have agreed to a binding decision process, not a binding arbitration process. This distinction is important. Should the panel allow management to reject our contract, Letter 50 ensures that we have the same rights following a rejection decision by the panel as we would following a rejection by the Court. In our view, that includes the right to strike.
While the passing of this deadline without an agreement is disappointing, it is not unexpected. Throughout the Chapter 11 process, management has been nothing, if not predictable, moving only cosmetically from their pre-bankruptcy term sheet of September 12. While the initial phase of Letter 50 provided a second-chance opportunity for management to reconsider their recalcitrance and engage in meaningful dialogue, they instead chose to squander that opportunity in favor of a dangerous game of "negotiations abstention." Their single-element strategy seems to be one of "bankruptcy profiteering" based in large part on the sacrifices of the Delta employees. They use the 1113 process as a brute-force tool, failing to account for the unintended consequences of that flawed strategy. In essence, management's future calls for a rejected contract. We reject that future.
While management's refusal to materially participate in meaningful negotiations has resulted in a failure to reach a comprehensive agreement, we have wisely spent much of the time provided by Letter 50 preparing for this next phase and what may lie beyond. In many ways, the bankruptcy process is far less predictable than that of the more familiar Section 6 negotiations. We must acknowledge and adjust to those differences and respond accordingly. Two recent, but very successful picketing events have demonstrated that we are up to that task. Our Strike Center has reached a level of maturity unrivaled by past efforts. The Delta Pilots Network has reached a new level of sophistication, repeatedly breaking their own records for pilot outreach in terms of both volume and speed. The Pilot-to-Pilot program is ready for rollout targeting both the pilot group and our fellow employees. None of these efforts would have been possible without the countless hours and continued Herculean efforts on the part of many dedicated pilot volunteers. Further, management now admits that their failure to fund our pension plan will likely result in the termination of that plan. This recognition was a key goal of Letter 50.
Over the past several weeks, I have communicated to you the critical need for unity and resolve as we move forward. Now, as we begin to measure the date for a rejection decision in days, instead of weeks and months, it is even more crucial to demonstrate to management that we do not bluff. Over the next several weeks you will be called upon to demonstrate your unity, in ways both large and small. Some of the events will be planned in advance; others may require a short-notice notification and response. You may be asked to picket in the rain or put in long days at the Strike Center. Your participation and dedication to our cause will be vital. Under this phase of Letter 50, your first opportunity to demonstrate the unified resolve of the Delta pilots will present itself in less than one week.
On December 8, 2005, in a unanimous vote, the Delta MEC authorized me to issue a strike ballot at a time of my choosing. That time is now. Management's continued intransigence at the negotiating table requires an appropriate response to a continued inappropriate and stubborn behavior. On Monday, March 6 at 1000 am, the strike ballot will open. The ballot will close on Tuesday, April 4 at 1000 am. I call upon each and every one of you to participate in this very important ballot and to vote "In Favor." A very high turnout with a very strong mandate "In Favor" will send a message to management that their path cannot lead to long-term success. As in past ballots, you will have the opportunity to vote electronically either by telephone or through the Internet. Detailed instructions will be posted on the main page of our website at http://www.deltapilots.org.
As always, we remain committed to reaching a consensual comprehensive agreement, and our commitment continues even within this new phase of the Letter 50 process. An agreement is still possible. However, without the real and sincere participation from Delta senior executives in this endeavor, this goal cannot be attained. We must prepare and act accordingly.
Fraternally,
http://crewroom.alpa.org/dal/ImageView.aspx?id=3964
Lee Moak, Chairman
Delta MEC
Dear Fellow Pilot,
Today, at 5 pm EST, the Letter 50 deadline to negotiate a comprehensive tentative agreement passed without an agreement being reached. We now shift our focus to our litigation strategy while we continue to negotiate and as we transition to the next phase of the Letter 50 process.
I want to briefly review some details of this next phase of the Letter 50 agreement. Management's 1113 motion will now be submitted to a third-party neutral panel in accordance with the provisions and timeline of Letter 50. The initial hearing will commence on March 13, with a final binding decision due no later than 45 days from today-or April 15, 2006. The panel's decision will be based on the standards of Section 1113 of the U.S. Bankruptcy Code as applied by the U.S. Court of Appeals for the Second Circuit. Their decision is limited to either granting or denying management's 1113 motion. In the meantime, all other terms and conditions of Letter 50 remain in effect.
I want to emphasize that we have agreed to a binding decision process, not a binding arbitration process. This distinction is important. Should the panel allow management to reject our contract, Letter 50 ensures that we have the same rights following a rejection decision by the panel as we would following a rejection by the Court. In our view, that includes the right to strike.
While the passing of this deadline without an agreement is disappointing, it is not unexpected. Throughout the Chapter 11 process, management has been nothing, if not predictable, moving only cosmetically from their pre-bankruptcy term sheet of September 12. While the initial phase of Letter 50 provided a second-chance opportunity for management to reconsider their recalcitrance and engage in meaningful dialogue, they instead chose to squander that opportunity in favor of a dangerous game of "negotiations abstention." Their single-element strategy seems to be one of "bankruptcy profiteering" based in large part on the sacrifices of the Delta employees. They use the 1113 process as a brute-force tool, failing to account for the unintended consequences of that flawed strategy. In essence, management's future calls for a rejected contract. We reject that future.
While management's refusal to materially participate in meaningful negotiations has resulted in a failure to reach a comprehensive agreement, we have wisely spent much of the time provided by Letter 50 preparing for this next phase and what may lie beyond. In many ways, the bankruptcy process is far less predictable than that of the more familiar Section 6 negotiations. We must acknowledge and adjust to those differences and respond accordingly. Two recent, but very successful picketing events have demonstrated that we are up to that task. Our Strike Center has reached a level of maturity unrivaled by past efforts. The Delta Pilots Network has reached a new level of sophistication, repeatedly breaking their own records for pilot outreach in terms of both volume and speed. The Pilot-to-Pilot program is ready for rollout targeting both the pilot group and our fellow employees. None of these efforts would have been possible without the countless hours and continued Herculean efforts on the part of many dedicated pilot volunteers. Further, management now admits that their failure to fund our pension plan will likely result in the termination of that plan. This recognition was a key goal of Letter 50.
Over the past several weeks, I have communicated to you the critical need for unity and resolve as we move forward. Now, as we begin to measure the date for a rejection decision in days, instead of weeks and months, it is even more crucial to demonstrate to management that we do not bluff. Over the next several weeks you will be called upon to demonstrate your unity, in ways both large and small. Some of the events will be planned in advance; others may require a short-notice notification and response. You may be asked to picket in the rain or put in long days at the Strike Center. Your participation and dedication to our cause will be vital. Under this phase of Letter 50, your first opportunity to demonstrate the unified resolve of the Delta pilots will present itself in less than one week.
On December 8, 2005, in a unanimous vote, the Delta MEC authorized me to issue a strike ballot at a time of my choosing. That time is now. Management's continued intransigence at the negotiating table requires an appropriate response to a continued inappropriate and stubborn behavior. On Monday, March 6 at 1000 am, the strike ballot will open. The ballot will close on Tuesday, April 4 at 1000 am. I call upon each and every one of you to participate in this very important ballot and to vote "In Favor." A very high turnout with a very strong mandate "In Favor" will send a message to management that their path cannot lead to long-term success. As in past ballots, you will have the opportunity to vote electronically either by telephone or through the Internet. Detailed instructions will be posted on the main page of our website at http://www.deltapilots.org.
As always, we remain committed to reaching a consensual comprehensive agreement, and our commitment continues even within this new phase of the Letter 50 process. An agreement is still possible. However, without the real and sincere participation from Delta senior executives in this endeavor, this goal cannot be attained. We must prepare and act accordingly.
Fraternally,
http://crewroom.alpa.org/dal/ImageView.aspx?id=3964
Lee Moak, Chairman
Delta MEC
