Letter of Agreement 91. I'm looking at it right now. Do you deny that the MEC gave authorization to the company to operate MDA? Do you deny that there are differences in how seniority was handled at MDA? I'm looking at one clause right now that says a furloughed pilots can resign his position at MDA while still retaining recall rights at AAA. Seems like a different operation to me. I don't think you really have a grasp at understanding your own agreement.
NO, genius, you don't have an understanding of the 'FACTS' and just read stuff without understanding the true situation.
I have that letter (LOA 91), and I will explain it to you briefly. That letter was agreed to with the 'understanding' that MDA would be a 'separate, wholly-owned (separate company, separate certificate), subsidiary of US Airways.
Hence, all of the references of MDA being sold, change of control of MDA, control of the MDA BOB, etc.
Examples;
[FONT=TimesNewRoman,Bold]"MDA Change in Control
[/FONT]
Change in control of MDA improved from 50% to 37.5%. (“Control” maintained until
ownership falls below 37.5% and no longer control majority of Board of MDA.) This keeps
MDA with US Airways as long as US Airways owns at least 37.5% of MDA’s stock or controls
MDA’s Board.
With a change in control, instead of the right to extend contract for three years with 4.5% pay
raises, normal annual raises apply.
[FONT=TimesNewRoman,Bold]Fragmentation
[/FONT]
Pre-LOA 91 MDA fragmentation replaced by provisions of
[FONT=TimesNewRoman,Bold]MDA “Sell Control of Airline” [/FONT]and...."
Also the references earlier in the letter to GECAS not wanting the E170s on US Airways balance sheet.
Background, when this letter was negotiated, the company was planning on using the former Potomac Airlines certificate (set up by Airways for DC Air during the attempted merger with UAL. The company later discovered that the FAA would not allow them to revive the "Potomac Airlines" certificate, and told alpa that they wanted to put them on the US Airways (mainline) certificate, contrary to the agreed LOA 91.
Once the company wanted to operate the aircraft other than the authorization of LOA 91, on the mainline US Airways certificate; alpa had a 'Duty' to require the company to comply with with the contract and 'demand' the company put those positions out for a 'system bid' as an additional fleet type. However, alpa bowed to the company's demand, instead of carrying out their 'duty' to the membership and enforcing the contract.
Simply put, there was NEVER any such company as MDA (Mid-Atlantic Airlines), as that LOA references, and pretty much all of the provisions in that letter with references to MDA Never came about. The company Completely violated that LOA, Never did what was 'agreed to' and operated the E170s, essentially 'outside' of that LOA.
So, it can be easily argued that the company NEVER had an authorization, under the contract, to operate the E170s, as they made the LOA invalid. You have to understand that NONE of what was stated in that LOA with reference to MDA, EVER HAPPENED. And, alpa (MEC and National) went along with whatever the company wanted, without any regard to the contract or the pilots (its members).
Tell me, Does alpa have a 'duty' to enforce the contract and LOAs, and insure that the company follows all conditions, requirements, they agreed to??? Well??
There was NEVER any such company as 'MDA' it was all a 'sham' and alpa, ignored the company's violations. The E170 were, in fact, operated just as any other 'mainline' aircraft, and operated just like "MetroJet" was operated.
ALL TRUE? Can you dispute any of this with FACTS?? Then please do.
As I already said, (hate repeating myself), the MDA guys have a damn Good Case, and will probably win. The company screwed up, and alpa ignored the violations, and just added to the screw up.
For what its worth.
DA