Your TA:
"In the event of a transaction in which another US certificated Air Carrier that operates aircraft with more than 86 seats becomes an affiliate of the company (merger transaction)...."
So, What type aircraft does Guadalupe Holdings fly? I'm thinking your 18 month window wouldn't even begin until and if Guadalupe Holdings (or Sub LLC) are ever merged with SWA. If SWA ever merged with Sub LLC then your 18 month window would start at that point.
Before you start trying to quote your "Common Management Control" language you need to go back and reread it. It only applies to transferring A/C not integrating flight operations.
You're reading the wrong section, my friend.
The section you are quoting (1.E) is if another air carrier is purchased by AirTran and whether or not they have to be merged into our operation. If they operate ANY aircraft with more than 86 seats, they get merged and that section details how. If they don't operate an aircraft with more than 86 seats, they can be operated separately but have to adhere to the Section 1.C limits on how many planes can be operated separately.
What you are looking for is Section 1.D.1 and 2 and 1.F:
Paragraph 1.D.1: "This agreement shall be binding on any Successor or Assign... defined as an entity
which acquires all or substantially all of the assets or equity of the Company."
Paragraph 1.D.2. "The Company shall require that the successor or assign, prior to
the closing of the transaction, commit
in writing to adhere to the provisions of this agreement."
Section 1.F: "Acquisition or Disposition of Assets".
Paragraph 1 Requires the company to negotiate as best they can to secure the employment of the pilots as part of the transaction. They've already done that; it's part of the public SEC filing, includes the employees as part of the transaction, so the "best efforts" language has already been complied with, and in our case DOES include the pilots as both SEC filings and M/B require (assuming integrated ops with the M/B requirement).
It also refers back to 1.E.2 for the 18-month requirement and the process of integration per A/M.
You're also trying to insinuate that by AirTran being acquired by another "entity", that it somehow negates the provisions in this agreement. Even if we disregarded the simple FACT that SEC filings specifically involve Southwest and AirTran (it's not Guadalupe holdings who signed the SEC filings, it's Southwest), the attorneys disagree with your idea on this as well, so I think I'm going with the experts on this one.
The fact is, such talk isn't going to worry any of the AirTran pilots nor sway any opinions. In fact, it's only serving to ALIENATE a large portion of the AAI group who posts and/or lurks here. Do you really want to do that? If so, WHY???
You may be getting your coworkers to agree with you, and that's fine, as each company WILL represent their own interests until fully integrated, but by posting it here, for the pilots of the other air carrier to read, you're not convincing AirTran pilots, but rather just irritating them needlessly. I mean seriously, the idea that SWA pilots would be convinced by AAI pilots over their OWN union Board and MC is ludicrous, just as the idea that AAI pilots would be convinced by SWA pilots over our own MEC and MC is just as ludicrous.
Irritated people will dig their feet in on a debate and become hostile. Again, something we DON'T need. I understand people like Bob Dylan and Cometman who don't work at either carrier tossing a little gasoline on the fire, it's FlightInfo, that's normal ops here. But people who actually WORK for our carriers don't need to be poking each other in the eye with the proverbial stick, do we?
I know there's been a bit of that on BOTH SIDES of the aisle, so to speak, and I'm hoping that BOTH sides will quit doing that to each other, just relax about something we have ZERO control over, and try to get along with each other.