FlyerTalk Forums - View Single Post - Breaking News: Delta Air Lines Pilots Okay Pay Cuts
Old Dec 29, 2005 | 10:17 am
  #6  
ConnFlyer
 
Join Date: Jan 2001
Location: Washington, DC
Posts: 1,035
Originally Posted by Helena Handbaskets
The linked article doesn't mention it, but the USAToday article said that if the two sides aren't able to reach a long-term agreement, they're required to go to binding arbitration. If this is the case, it would seem to give the pilots the assurance that the contract will not be arbitrarily voided, and importantly, to give DL the assurance that there will be no strike.
Not exactly. The binding arbitration will only decide if DL can move forward with an 1113(c) motion to nullify the pilots contract should the two sides fail to reach agreement on a new contract. The arbitration panel would either say:

1) Yes, DL can nullify the contract allowing DL to impose new payrates/workrules AND allowing the pilots to implement self-help***

OR

2) No, DL cannot nullify the contract...the two groups must continue to negotiate.

***DL contends that even in the case of contract nullification, that the pilots could NOT strike. The pilots contend otherwise. This is unchartered legal territory, however I would tend to say DL's case is weak. Hopefully, this is territory that will remain unchartered.
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