seperate certificate trick myth, again...
SlapShot said:
My understanding is that Shuttle America will operate the 170s for United and Delta. The 170s that are flying with “Chautauqua” painted on the side will be slowly coming to the Shuttle America certificate. I believe at a rate of about 3 a month.
When (and I guess if) the Mid Atlantic airplanes come over to Republic Airways Holdings, they will go to the Republic certificate. The reason for this is because there is a 70-seat scope clause in the Delta contract and the MDA airplanes have (I believe) 72 seats. Therefore IF 190s come to RAH, they will go to the Republic certificate.
Not exactly. The Delta pilots were smart enough, long ago, to prevent that kind of scope busting by writing in their scope clauses language that prevents entire holding companies from doing the kind of restricted flying that's against the Delta pilot scope (as long as they are a Delta partner that is). Their language is not limited simply to certificates like many other majors. The Delta pilots had to give seperate and specific permission for the Continental, Northwest, Alaska, Horizon and even American Eagle limited codeshare agreements, because each of those airlines operate planes with greater than 70 seats, even if some only do so on other certificates (e.g. Eagle is owned by AA)
In the most recent concession (to avoid immedtate bankruptsy, obviouslly) the Delta pilots loosened their scope a bit, getting rid of the 70 seat max language in all cases. The new language says you can only operate 70 installed seats
for Delta but you can fly I think 90 or 98 or something under 100 for sure, seats on your certificate or any other certificate for that matter, for other airlines, without having to go to the Delta pilots for permission. This opened the door for mesa, which was previouslly restricted because they have 90 seaters. It never mattered if they were flown on the Mesa or the Freedom certificate.
But there is still a limit of what can be flown, and I don't think the E190 is permitted. In any case, what is permitted and what is restricted has nothing to do with what certificate you put it on. If its greater than that majic number (98 or something close, certified seat capacity) your entire portfolio of companies would instantly be in noncompliance with Delta pilot scope. While some people may laugh at that thought, keep in mind Delta pilot scope has remained airtight (with the exception of when the pilots choose to loosen it, again and again and again) throughout this whole 9/11 and potential Ch. 11 process.
I haven't looked at the language since the time they signed it, so maybe someone could post it for our catfighting pleasure. But I'm pretty sure the E190 and definately the E195 are prohibited, as well as anything larger (737, etc) and regardless of what the actual number limit is, it can not be exceeded and the infamous "seperate certificate trick" will provide no relief in going beyond it without Delta pilot premission.
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