I don't disagree that the comments Judge Prudence made regarding stock buybacks should be meaningless in regards to her final decision.
WT, its seems hypocritical to me that you chastise the pilot group for the year 2000 contract, and delay with concessions, and yet you are quick to point out that the comments directed at DL's management team are inappropiate. If we are going to point blame at pilots, then surely it is acceptable to point out how poorly this airline has been run, ie., SERPS, Song, stock buybacks, Ron Allen, and Leo Mullin. As you pointed out, those poor decisions are now irrelevant. Lets discuss what is.
DL claims a need for $325 million from the pilots, and has stated repeatedly they are flexible on how that number is achieved. As I pointed out, the DB plan is in all reality, defunct. A realized cost savings that is not being addressed. The company is demanding scope relief that would allow for over 200 additional RJ's configured for 79 seats. Under current scope provisions, these would have to be flown by DL pilots and not DCI, which the company desires. Judge Prudence asked DL's management team what the dollar figure of such a concession would be, to which they responded it was non economic. A so called "no cost" item. When then asked why DL pilots couldn't fly those jets, they responded it did not work economically. Judge Prudence responded to the effect that it would cost more DL pilot jobs. Another unrecognized savings.
My point is this. We all agree with the assertion that Judge Prudence should rule within the guidelines of the law. DL, having filed the 1113 must demonstrate a legitimate need for the courts to throw out the PWA, and they will have to quantify that $325 million. That is something the company refused to do in our brief negotiations and one of the main reasons ALPA offered to agree to binding arbitration. An offer DL refused because it knew it could not quantify its demands. I believe ALPA will successfully argue that managements proposal far exceeds the $325 million.