Furloughedagain
Senior
Court Rules that Force Majeure No Longer Exists. Additional Furloughs (20)Cancelled
Item one. The System Board of Adjustment, chaired by arbitrator Richard Bloch, today issued a decision regarding ALPA''s grievance challenging Delta''s use of force majeure to justify pilot furloughs. The Board has granted ALPA''s grievance in part. Most importantly, the Board found that negative economic conditions, rather than the events of September 11, were the principal cause of the Company''s decision to continue furloughing pilots. Based on this finding, the Board ordered the Company to immediately cease further furloughs. Consequently, the announced March 2, 2003 furlough of 20 pilots has been cancelled, as we reported last week. However, the Board declined ALPA''s request to order a recall of all furloughed pilots. Instead, it required Delta to recall furloughed pilots at the point that Delta system-wide RPMs during any four-month period equals or exceeds the RPMs for the same four-month period immediately prior to September 11, with certain RPM adjustments. At that point, all pilots still on furlough and protected by the no-furlough provision are to be recalled on a schedule dictated by the standard training process. For this purpose, system-wide includes Delta and all Delta Connection flying. ALPA will monitor the appropriate data for determining whether the recall process has been triggered. The full text of the arbitrator''s decision is now on the Dalpa.com website.
ALPA is pleased that the System Board has agreed that management cannot continue the furlough of Delta pilots. While we are disappointed that there is no immediate recall of currently furloughed pilots, we are also pleased that the ruling provides a mechanism for returning furloughed pilots to the cockpit, and that this method does not depend on management decisions.
Item one. The System Board of Adjustment, chaired by arbitrator Richard Bloch, today issued a decision regarding ALPA''s grievance challenging Delta''s use of force majeure to justify pilot furloughs. The Board has granted ALPA''s grievance in part. Most importantly, the Board found that negative economic conditions, rather than the events of September 11, were the principal cause of the Company''s decision to continue furloughing pilots. Based on this finding, the Board ordered the Company to immediately cease further furloughs. Consequently, the announced March 2, 2003 furlough of 20 pilots has been cancelled, as we reported last week. However, the Board declined ALPA''s request to order a recall of all furloughed pilots. Instead, it required Delta to recall furloughed pilots at the point that Delta system-wide RPMs during any four-month period equals or exceeds the RPMs for the same four-month period immediately prior to September 11, with certain RPM adjustments. At that point, all pilots still on furlough and protected by the no-furlough provision are to be recalled on a schedule dictated by the standard training process. For this purpose, system-wide includes Delta and all Delta Connection flying. ALPA will monitor the appropriate data for determining whether the recall process has been triggered. The full text of the arbitrator''s decision is now on the Dalpa.com website.
ALPA is pleased that the System Board has agreed that management cannot continue the furlough of Delta pilots. While we are disappointed that there is no immediate recall of currently furloughed pilots, we are also pleased that the ruling provides a mechanism for returning furloughed pilots to the cockpit, and that this method does not depend on management decisions.