Tentative agreement reached

[StaySeated]

Just curious, are you saying that this TA contains a provision that includes binding arbitration? Please tell me that I read that wrong. Before 2001 and after the NWA 98 strike and UAL slowdown a few senators wanted to rewrite some laws and get rid of the RLA so they could impose pay and work rules with binding arbitration (they used pro ball players as an example to fool us into thinking we were going to get athlete coin). I am very afraid that they have figured out a way to include arbitration into a standard RLA negotiation. Imagine this outside of BK, you have a 4 year contract, add 2.5 to negotiate a new one, and then throw in binding arbitration language that basically negates everything that was negotiated during the last 2.5 years AND eliminates self help. Oh my, can you say totally fcuked.

 

[L'il J.Seinfeld]

ddddduuuuuddddeeee you must be smoking some good stuff....

wish I could believe you on those pay rates.......

now puff puff give .... you fu@kin up the rotation......

I said close duuude. Point being that this Delta TA is horse****. BTW current FedEx second year FO widebody (which is everything they have except the 72) is already $117!

 

[Captain Overs]

You know it's a sad state of the industry when Delta pilots bend over. They have been the strongest for a long time. I think we may all be in trouble.

 

[michael707767]

Just curious, are you saying that this TA contains a provision that includes binding arbitration? Please tell me that I read that wrong.

here is the exact wording from the code-a-phone.

"Finally, in the event a comprehensive agreement cannot be reached, the TA commits both sides to a neutral third party panel for a binding decision on management's 1113 motion. This neutral panel process is subject to court approval. The panel includes two members of ALPA's choosing and one of Delta's. All panel members have extensive experience with labor relations in the airline industry."

Doesn't use the words binding arbitration, which I think is a spin job on the part of the union, but thats what it is. Amazing isn't it?

I don't object to the 14% pay cut, it's about what I expected. I also knew there would be some other give backs. But to agree to arbitration with big items like scope still on the table has got to be the worst move I have ever heard of by a pilot union.

Only thing left to do is vote no and hope the pilot group realizes just how crazy this would be.

 

[~~~^~~~]

But to agree to arbitration with big items like scope still on the table has got to be the worst move I have ever heard of by a pilot union.

It makes sense if you consider that ALPA has no leadership on the issue, no moral authority and a lawsuit hanging over their heads. This way no one is responsible or accountable. Plus ALPA pays their folks trip drops so they get a lot of nice dinners and bar tabs in swanky hotels without having to blow their own money.

 

[737 Pylt]

It makes sense if you consider that ALPA has no leadership on the issue, no moral authority and a lawsuit hanging over their heads. This way no one is responsible or accountable. Plus ALPA pays their folks trip drops so they get a lot of nice dinners and bar tabs in swanky hotels without having to blow their own money.

Fins:
While I have absolutely zero love for alpa, if you think that the rjdc lawsuit has anything to do with a "fear tactic" for negotiating scope, you are even more stupid than I give you credit for!
737

 

[FDJ2]

oh, we just agree to let a third party decide whether or not the company can throw out the contract if we don't reach a full deal by March. That gives away any strike threat and leverage we had. I am beyond belief that our union we even talk about this, let alone TA it.

Michael, read section 6.G. If I read it correctly, if the third party nuetrals reject our PWA, we still retain the same rights as if the court rejected our PWA through the 1113 motion, with the exception of certain appeals processes. Those rights I believe include the right to strike if our PWA is rejected. It's also my understanding that ALPA got to choose 2 of the 3 nuetrals.

Let me know if you draw the same conclusion.

 

[Networ-King]

I said close duuude. Point being that this Delta TA is horse****. BTW current FedEx second year FO widebody (which is everything they have except the 72) is already $117!

Yeah....yeah.... I know could you not see the sarcasm oooozzzzing out of your computer when your read my post? . I can only hope second year pay will be that nice at big brown with the new contract, but we don't have different equipment pay and the monthly guarantee is also different.....ssssoooooooooo. Not really holding my breath, time will tell.

by the way.... second year pay for the widebody is 117, but with the international overide its 121.50. So you were even closer then you though.

 

[9rj9]

so....

you take a 15% pay cut now and agree to binding arbitration. Better hope the arbitration goes your way, you cannot strike if you agreed to it.
Management's way of getting you guys to eat the giant crap sandwich a little at a time. Seems management is much smarter than we thought.

 

[ultrarunner]

Imagine this outside of BK, you have a 4 year contract, add 2.5 to negotiate a new one, and then throw in binding arbitration language that basically negates everything that was negotiated during the last 2.5 years AND eliminates self help. Oh my, can you say totally fcuked.

Makes you wonder what's the point of the union in the first place. But hey, the memberships keep ratifying what their MEC's are thowing at them, so only themselves to blame on that, IMO. I think unity is a think of the past.

 

[Mgmt1Pilot]

As long as Weorthless is ALPA President things won't change

 

[Pat Fabin]

My favorite part of this POS is the clause that requires the union to vigorously endorse its passage.

I have never seen anything like that in the hundreds of side letters, TAs, MOUs, etc. over the years.

Pathetic.

Why did we even bother announcing a strike ballot....why get us all pumped up and then send us this POS to vote on. How much did we pay the lawyers over the last few months only to never even plead our case?

I'm voting no. Not that I think it'll matter anymore.

For a long time, I've been dissapointed in the company...now I have a hard time believing my own union.

-PF

 

[Archie Bunker]

don't forget the binding arbitration on whether or not the company can through out the contract and we have to live with the decision. This TA gives away any strike threat.

Nope.

I'm with you. No way I vote yes for this POS.

Did you see who is one of the lawyers on the binding arbitration panel? None other than Richard Bloch!

 

[Texx]

Did you see who is one of the lawyers on the binding arbitration panel? None other than Richard Bloch!

Good Luck with Bloch. I've sat on several boards with him. Who else is on the panel?

 

[AA717driver]

This didn't start with Woerthless. It goes at least as far back as Hank Duffy (Hope you took the lump, Hank!).

ALPA pilots haven't done squat for individual pilot groups in trouble since they folded on the CAL strike. It's just taken this long to come to roost.

Saving my 1.9% every day... TC

 

[av8n]

Delta Air Lines Interim Agreement, Part 1

Letter #50​

LETTER OF AGREEMENT​

Between​

DELTA AIR LINES, INC.​

and the Air Line Pilots in the service of​

DELTA AIR LINES, INC.​

as represented by the​

AIR LINE PILOTS ASSOCIATION, INTERNATIONAL​

DECEMBER 2005 INTERIM AGREEMENT​

This LETTER OF AGREEMENT is made and entered into in accordance with the provisions of the Railway Labor Act, as amended, by Delta Air Lines, Inc. (“the Company”) and the Air Line Pilots Association, International (“the Association”).​

The Company and the Association are parties to a collective bargaining agreement setting forth the rates of pay, rules and working conditions for the Company’s pilots signed November 11, 2004 (“Pilot Working Agreement” or “PWA”).​

NOW THEREFORE, the parties agree to this interim modification of the PWA as follows:​

1.​

Composite Hourly Rate Reduction​

The composite hourly rates set forth in​

Section 3 B. of the PWA will be reduced by 14%​

effective December 15, 2005.​

2.​

Night Pay and International Pay​

The provisions regarding night pay in​

Sections 3 A. 9. and 3 D. and throughout the PWA will be eliminated effective December 15, 2005. International pay in Section 3 C. and throughout the PWA will be $5 for Captains and $3 for First Officers effective December 15, 2005.​

3.​

Per Diem​

Effective December 15, 2005, amend​

Sections 5 B. 1. and 2. to read:​

1. Domestic per diem: $1.85​

2. International per diem: $2.40

4.​

Miscellaneous​

a. Effective January 1, 2006 amend​

Section 24 L. 2. to add a note:​

Note: The Company may charge a yearly pass usage fee that will be the same charge as for other employees, but will not exceed $50 per year per primary pass rider.​

b. Effective December 15, 2005, add an Exception to

Section 9 B. 2. to read:​

Exception: In the event such rotation is removed from open time within 96 hours of report time for such rotation, the pilot(s) who would otherwise have performed such flying will not receive pay protection.​

c. Effective December 15, 2005, amend​

Section 12 A. 19. b. 1) to add an exception to read: Exception: Flight segments to/from Hawaii will have a 60 minute report.​

5.​

Post-Retirement Pilots​

The Tentative Agreement regarding LOA #49 between the Company and the Association dated November 11, 2005, will become effective as of December 15, 2005.

6.​

​

Membership Ratification; Bankruptcy Court Proceedings​

A. The Negotiating Committee agrees that it will actively support ratification of the Letter of Agreement by the MEC and by the pilots. The MEC Chairman agrees that he will​

1) represent to the members that the relief provided by this Letter of​

Agreement is important to give the parties the opportunity to reach a
comprehensive agreement on changes to the PWA in a timely manner;
and,
2) actively support ratification of this Letter of Agreement by the pilots by 5
p.m. Eastern time on December 23, 2005 if possible, but no later than 5
p.m. Eastern time on December 28, 2005.

B. If this Letter of Agreement is ratified by the MEC by 5:00 p.m. Eastern time on December 11, 2005, the Association and the Company will jointly request the Bankruptcy Court to suspend the hearing on the Company’s section 1113 motion and will consent to extend the December​

16, 2005 statutory date for a court decision on that motion, subject to resuming the hearing the week of January 2, 2006, and establishing a new statutory date of seven days after the hearing resumes, but not later than January 13, 2006, for a Court decision on the section 1113 motion pursuant to Paragraph 6. C. of this LOA.

C. If this Letter of Agreement is not ratified by the pilots by 5 p.m. Eastern time on December 23, 2005, or December 28, 2005 as applicable, the Association and the Company will jointly ask the Court to resume the hearing on the section 1113 motion the week of January 2, 2006 or as soon thereafter as the Court’s schedule permits, with a decision date of seven days after the hearing resumes, but not later than January 13, 2006, for a Court decision on the section 1113 motion.​

D. If this Letter of Agreement is ratified by the MEC and the pilots by the times set out in Paragraphs 6. A. and 6. B., the Association and the Company agree to fully commit their resources and representatives to seek to reach a comprehensive agreement. The Company and the Association agree that in those comprehensive negotiations they will seek to reach agreement on the terms and conditions that would be implemented if the pilot defined benefit​

pension plan is terminated. The Company and the Association agree that in those comprehensive negotiations they will seek to reach agreement regarding profit sharing and the sharing of equity when the Company reorganizes. In such equity discussion, the parties will acknowledge the December 2004 pilot cost reductions. The time limits for reaching a
comprehensive agreement are as follows: (i) tentative agreement by the negotiating committees by 5:00 p.m. Eastern time on March 1, 2006; (ii) ratification by the MEC by 5:00 p.m. Eastern time on March 8, 2006; and (iii) ratification by the pilots by 5:00 p.m. Eastern time on March 22, 2006.

E. Subsequent to the MEC ratification contemplated by paragraph B. hereto, the parties will jointly request entry of an order by the Bankruptcy Court that provides that if a comprehensive agreement on permanent changes to the PWA is not reached and ratified by the respective times set out in Paragraph 6. D., the Association and the Company will promptly proceed to submit the matter at issue in the Company’s section 1113 motion to binding decision by a third party neutral panel, under the following terms and conditions:​

(1) The third party neutral panel will be Frederick Horowitz, Robert Harris​

and Richard Bloch;
(2) The legal standards governing the third party neutral panel’s decision will
be the standards of section 1113 of the U.S. Bankruptcy Code, as
applied by the U.S. Court of Appeals for the Second Circuit, including
the requirement that the third party neutral panel’s decision be limited
to granting or denying the Company’s section 1113 motion;
(3) Neither the Company nor the Creditors’ Committee will assert that the
Bankruptcy Protection Letter (“BPL”), as part of the pre-petition PWA, is
itself rejectable under section 1113 of the Bankruptcy Code and
therefore unenforceable. Except as provided in the prior sentence, the
Company and the Association each will retain the right to assert
that the interpretation of the BPL by the third party neutral panel must
or must not be consistent with other laws, including, without limitation,
section 1113 and other provisions of the United States Bankruptcy
Code;




​

​

 

[av8n]

DAL Interim Agreement, Part 2

(4) The third party neutral panel’s decision will be final and binding, subject to appeal
only on the grounds on which third party neutral’s (arbitrator’s) decisions are subject to
appeal under federal law generally;
(5) The proceedings before the third party neutral panel must commence within seven
days after the failure to meet any of the applicable time limits set out in Paragraph 6. D.,
or as soon thereafter as the third party neutral panel is available;
(6) The third party neutral panel’s decision must be issued within 45 days after the failure
to meet the applicable time limit set out in Paragraph 6. D.;
(7) The Company and the Association will bear equally the third party neutral panel’s
fees and related costs;
(8) If both parties request, the third party neutral panel will assist the parties in the
comprehensive negotiations;
(9) If the decision of the third party neutral panel is to authorize rejection of the PWA, the
third party neutral panel will also determine the amount, if any, of the Association’s prepetition
rejection damage claim for the purposes of the chapter 11 proceeding;
(10) The sole parties to the third party neutral panel proceeding will be the Company and
the Association; and
(11) Such other governing procedures as the parties may agree upon or as the third party
neutrals may establish;
(12) The Association’s members will have the same attendance rights at the third party
neutral panel’s hearing as they would in court (subject to room capacity).
F. This interim agreement will not be cited by either party as evidence of the Association’s
appropriate share of labor cost savings in connection with the comprehensive negotiations or
section 1113 proceedings or proceedings before the third party neutral panel.
G. The parties will have the same rights following a rejection decision by the third party neutral
panel as following a rejection decision by the bankruptcy court, except that appeal rights will
be limited to those set forth in paragraph 6. E. (4) of this Letter of Agreement. The
Association members will have the same voting rights with respect to a comprehensive
agreement as they do at present, whether the comprehensive agreement is reached before or
after a rejection decision.
7.​

Non-Assumption​

Nothing in this Letter of Agreement will constitute or be deemed to be an assumption of the
PWA by the Company, and except as expressly provided herein, the Company and the
Association will retain all rights available to them under Chapter 11 of the Bankruptcy Code or
otherwise.
5
8.​

Effective Date and Duration​

Once ratified, this Letter of Agreement will be effective as of December 15, 2005 and will
continue in full force and effect until a comprehensive agreement on permanent changes to the
PWA is reached or the third party neutral panel issues its final order on the merits of the Section
1113 Motion. In the event that this Letter of Agreement is not ratified in accordance with the
time frames set forth above, then this Letter of Agreement will be null and void and of no further
force or effect, except as to Paragraphs 6. B., 6. C., and 6. F.​

IN WITNESS WHEREOF, the parties hereto have signed this December 2005
Interim Letter of Agreement this ____ day of December 2005.​

FOR THE COMPANY FOR THE ASSOCIATION
By: By:
Scott A. Kruse Captain Duane E. Woerth
Senior Legal Advisor President
WITNESS WITNESS
By: By:
Geraldine P. Carolan Captain Lee Moak
Vice President — Labor Relations Chairman, Delta MEC
By: By:
David Watson Captain Tim O’Malley
Director — Pilot Resources &
Scheduling
Chairman, MEC Negotiating Committee
By:
Captain Randy Worrall
MEC Negotiating Committee
By:
Captain Rick Dominguez
MEC Negotiating Committee
6​

 

[grog_sit_reserv]

General, your silence on this subject is creeping me out.....

 

[Archie Bunker]

Good Luck with Bloch. I've sat on several boards with him. Who else is on the panel?

Looks like it is Frederick Horowitz and Richard Harris.

 

[Pat Fabin]

Bloch presided over one of our furlough grievances. His ruling wasn't what everyone wanted but I thought at the time it was about as good as one could expect. And it DID get me back on property eventually. I suppose he's pretty fair (didn't he rule against T.O. recently?!).

Anyway....