I don't know general...your credibility is all but gone from me...on the one hand you bash swa for going to lbb...and then you come out "we get to go to Lagos!"
Sounds exciting!
I think I'd rather endure lbb than risk getting some still unknown monkey flu in lagos.
As far as JB poison pill... here is rule number one when listening to lawyers...
1. never believe a lawyer who tells you something relating to a contract is "black and white" or "iron clad" it NEVER is.
Additionally, if the lawyers are telling you your only recourse will be to strike...that doesn't sound like such a great deal to me as IF you are RELEASED for a strike (even though you are non-union you are still part of the RLA dungeon) it may very well be what DAL or whoever buys you WANTS anyway...go ahead and strike...we'll just fire you and hire replacements...we only wanted your airline for the JFK slots and gates ANYWAY. self-help is a two way street.
Also it doesn't smell right to me. It sounds like there is punitive language in "the contract" which is NOT ENFORCEABLE. Any kind of penalty inflicted must past a reasonableness test as far as that any "penalty" imposed must reimburse the other party but cannot be punitive in nature. For example, if you back out of an apartment lease...you are liable to pay rent on the apartment for the duration of the lease, however, your landlord must make a good faith effort to find a new tenant, when he does, your obligation to pay the lease going forward would end. You would have to be able to show that you were actually harmed by whatever scheme was imposed on you. Usually only monetary damages are considered by the courts, judges don't understand captain vs. first officer or bidding number one vs. bidding number 100. Because JB has a lower pay scale then Delta's (most of Deltas FO's make more than any of JB's pilots) and the fact that you will probably be seat protected in any merger scheme it will hard to show any actual monetary loss. If you don't believe me ask the 3,000 TWA pilots that got stapled to the bottom of AA's list about this very argument.
The other question I have is who are the "parties" to this contract. Is this something that each individual pilot signs with the company. If it isn't, since there is no entity that represent the pilots (i.e. a union) then there is no "contract" it is merely a policy that whomever controls the company can change pretty much at there will.
My other question would be what the quid-pro-quo (this for that) was. For a contract to be enforceable, both parties must do or give up something in exchange for something else. For example, if I sign a letter saying that I will give you 1.0 million dollars on May 5 and I don't, it doesn't matter, you will not be able to get the money unless you can show that you gave up something in exchange for the 1.0 million dollars. Without the quid-pro-quo it is merely a "promise" which is not enforceable in a court of law. What did JB pilots do or give up in order to justify this contract language.
Anyway, please don't take this as a slam it is not. I am merely putting information out there so the pilots at JB can do there own research and ask some questions when the lawyers start spewing words like "black and white" and "iron clad"
later