csmith said:
Have you read the contract? I think not. Funny thing about contracts between employers and unions--they ARE enforceable. You are really out there, S. I think a vacation may be in order.
I have NOT read Skywest's contract with Delta and I said so. I don't think you have either. Have you?
I've
have read ALPA's (PWA) contract with Delta. I agree that your contract with Delta is enforceable against Delta. It is not enforceable against Skywest as long as Skywest has not agreed, with Delta, before or after the fact, to recognize your PWA. Two parties cannot make a contract enforceable against a third party without the consent of the third party. Don't take my word for it, ask your lawyer. The principle is not rocket science.
Perhaps you would care to identify by Section and paragraph the specific part of your PWA that you believe would prevent SKYW from operating 737's in its own behalf and independent of any relationship with Delta Air Lines, Inc.
Skywest may not want to make waves with Delta. However, if Skywest chooses to operate an aircraft, independent of the "Delta Connection", in its own right, I believe the only remedy that Delta has is to cancel its contract with Skywest. The terms of the cancellation will be governed by the contract between Delta and Skywest and NOT by the Delta PWA.
IF Delta's only reason for cancellation of its contract with Skywest is Delta's desire to comply with its separate contract with ALPA, Skywest could have cause for an action against Delta. That could be tied up in court for years and meanwhile Skywest will continue to operate.
In addition, another key is just who the parties are in the Delta/Skywest contract. Is it between Delta Air Lines, Inc and Skywest, Inc? Is it between Delta and Skywest Holdings, Inc.? Is it with DCI, Inc.? Do you know (I don't) specifically?
The USAirways PWA was allegedly a lot "tighter" than yours, but it sure didn't stop Ornstein from createing Freedom to circumvent it, did it?
It is not my opinions that you need to think about csmith, it's the legal technicalities of the applicable contracts. Like it or not, most "scope dikes" are legal sieves and managements have been running water through the holes for a long time. That yours is the sole impenetrable dam is little more than a figment of your imagination.
The idea that your PWA can prevent an independent corporation, which has never agreed to any part of it, from conducting its business is ludicrous. The contract we all need to read, which is not a contract "between employers and unions", is the one between Delta and Skywest, not the Delta PWA. I doubt that any of us has read that contract. If that is the case, our opinions as to how it may apply are all hypothetical.
