suupah
Well-known member
- Joined
- Jan 31, 2004
- Posts
- 1,779
I think their argument will be that Holdings doesn't "control" Pinnacle Airlines. But I think that is pretty bogus and the intent of the contract will show through.
I am not sure. i think it might be that they control pinnacle airlines but that they are not infringing on this contractual agreement with the pinnacle airlines pilot group at all with the purchase of Colgan.
"All present and future flying of any form performed by or for the company will be performed by pilots on the Pilots' System Seniority List.."
So i guess the question is who "the company is". Like you said they will probably argue that Colgan isn't doing any flying that was intended for pinnacle airlines.
"The company will not create or control another airline for the purpose of transferrin the assests of the company to such airline and avoiding its obligations to the pilots of the company under this agreement."
I think again that they will argue that they are not transferring any assets to Colgan air that were intended for or owned by pinnacle airlines. They will probably say that they are in no way falling short of its contractual obligations to the pinnacle pilots. But it all comes back to who "the company" is.