Well riddle me this. If you had such an iron-clad cost-plus contract, for ten years to come, how could Jerry have whipsawed you/us? Then, to purchase XJT with that much time left on such a sweet, iron-clad contract, why would anyone in their right mind undercut themselves? Even if they bought it just to flip the shares, why not milk that sweet deal for 10 more contractual years. Just to screw over the pilots???
Admittedly, I haven't read the filings but something here just doesn't add up.
Here's the Cliff's Notes version of what went down from a former XJT'er who was there when it happened:
Nevets is wrong when he said that we had a 10 year CPA in effect when SKYW first tried to buy XJT in 2008. Actually, our CPA with CAL was amendable in 2012.
What happened was a phone call from either St. George to Houston or Houston to St. George occurred. I believe it was the latter. Anyhow, said phone call was made to try to break CAL away from it's current contract with XJT. SKYW "negotiated" a rate at which they "said" they would be able to fly the XJT flying for CAL "if" they bought XJT. Of course this rate was based on many assumptions of what their cost of doing business was. SKYW made their offer on the contingency that XJT ALPA would give up their scope clause in their contract. (This is where it gets fishy) SKYW knew XJT ALPA would not give up scope, and therefore I don't believe the first attempt to purchase XJT was in any way genuine.
But, moving on. After SKYW offered to buy us and fly for CAL cheaper, CAL Management comes to XJT management and offers a three-option ultimatum. Option #1: Agree to be purchased by SKYW; Option #2) Agree to fly for the rates "offered" by SKYW if they had purchased XJT; or #3) Face systematic dismantlement when our CPA came due in 2012.
The scope deal was SKYW's escape clause. They knew XJT ALPA would never agree to giving up our scope. SKYW could have negotiated a rate at which they paid CAL for every flight they flew. It was NEVER a serious attempt to buy us. CAL called JA and said "let's make a deal". And to rub more salt in the wound, SKYW got a 5-plus million dollar parting gift from CAL for playing the game.
Anyhow XJT management, faced with the above ultimatum, agreed to be bent over and signed a "new" CPA with CAL agreeing to fly for the phony rates that SKYW said they would be able to fly for. And ever since then it has been trying to gain "cost savings" to try to get us profitable under the new rates that SKYW "negotiated" for us.
Nevets had it wrong when he said we had a rock solid 10 year CPA when SKYW "tried" to purchase XJT the first time. We had a rock-solid CPA until 2012. What XJT was facing was basically a threat to end the airline when 2012 came if we didn't agree to fly for the rates that SKYW "said" they would do the XJT flying for "if" they had made the purchase.
My belief is that the initial attempt to buy XJT was not serious and CAL used SKYW to break the CPA they had with XJT. Therefore yes, SKYW broke XJT and profited in the process to a tune of over $5 million. Now they bought XJT. You broke it, you fix it. You can't argue with the facts.