47 CO Pax Imprisoned Overnight on Stinky E145 @ Rochester, MN
#76
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#77
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Originally Posted by Ms. McElroy's Testimony
The first, prevalent among larger regional carriers operating regional jets, occurs when a major and regional airline enter into a “fee for departure” or “capacity buy” agreement where the major compensates the regional airline a predetermined rate for flying a specific schedule. Within this arrangement are mandatory standards for customer service, on-time performance and baggage handling requirements and incentives rewarding excellent performance.
A second arrangement, common to smaller, turboprop operators, occurs when major airlines pay regional airlines a portion of passenger ticket revenue. This is referred to as “pro-rate” or “shared revenue” flying.
While regional airlines with pro-rate agreements are most vulnerable to cost increases and the recent fuel cost crisis, it is important to note that fee-for departure carriers also suffer when fuel costs increase this dramatically. Even if the regional airline is compensated by the major airline for fuel costs, the majors must take those increased costs and the market’s profitability into consideration when route and capacity decisions are made. Major carriers have no choice but to eliminate regional routes that lose money for long periods, even if those routes contribute some connecting revenues to the mainline system. As you know, most of the major airlines are experiencing some of the most daunting challenges in the history of the industry. They cannot afford to continue unprofitable routes and when this service is discontinued, regional airlines and passengers in small communities suffer as well.
A second arrangement, common to smaller, turboprop operators, occurs when major airlines pay regional airlines a portion of passenger ticket revenue. This is referred to as “pro-rate” or “shared revenue” flying.
While regional airlines with pro-rate agreements are most vulnerable to cost increases and the recent fuel cost crisis, it is important to note that fee-for departure carriers also suffer when fuel costs increase this dramatically. Even if the regional airline is compensated by the major airline for fuel costs, the majors must take those increased costs and the market’s profitability into consideration when route and capacity decisions are made. Major carriers have no choice but to eliminate regional routes that lose money for long periods, even if those routes contribute some connecting revenues to the mainline system. As you know, most of the major airlines are experiencing some of the most daunting challenges in the history of the industry. They cannot afford to continue unprofitable routes and when this service is discontinued, regional airlines and passengers in small communities suffer as well.
Maybe I missed something else in that four year old testimony, please feel free to post it if I have.
#78
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This says NOTHING about, and has NOTHING to do with, actual day to day operations.
That's a good point.
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So you believe that scheduling, pricing, and managing seat inventory has nothing to do with the day to day operations of an airline?
#80
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Wow ... have you even read that? First, that document is almost four years old, so I certainly do not think it more accurately reflects XJT's current arrangement with CO than their 2008 annual report, a document less than one-year old. Regardless, here's the part that I believe matters for whatever case you think you're making:In other words, the regionals that bear the direct risk for fuel are "smaller, turboprop operators". ExpressJet is neither a small operator nor a turboprop operator.
Maybe I missed something else in that four year old testimony, please feel free to post it if I have.
Maybe I missed something else in that four year old testimony, please feel free to post it if I have.
#81
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But since the FAA certificate reads ExpressJet, they can conveniently hide behind this principle.
On the other hand, in all fairness, the aircraft and the crews are under the direct control of ExpressJet, and the decision to divert to Rochester and whatever problems then occurred there had strictly nothing to do with CAL.
#82
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Specifically, that is the "where, when, and how much", not the "how". CO may have verbiage in their contract with XJ that addresses the how, but what you quoted does not.
#83
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Thank you! Any company that hires a subcontractor does so with the explicit expectation that said subcontractor will conduct business in a professional and responsible manner without much or any supervision. That's the whole point of the concept. While I have conceded that he who hires the sub may have some liability, I still maintain that there's only so much the hirer can/should do to babysit the sub. That's supposedly why you hire particular subs, because they can be relied upon to act autonomously on a similar level as the hirer. When the sub goes awry, the hirer gets the shaft too since their name is on the subs work, but it isn't their fault that bad judgment was used.
If I were corporate counsel for CO, I would advise that its beancounters set aside a sizable sum of money to cover the SIR; contact liability insurers; and be on the phone to XJ telling its counsel to be sure to read the contract for details about the indemnification agreement. Some plaintiffs' attorneys in Minnesota are going to make significant legal fees because of this outrageous conduct on the part of XJ and CO.
#84
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Something no one has mentioned here.... CO does not have flights to Rochester MN.
That flight arrived at 12:20am & left at 6:45am so ~ 6 1/2 hours on the ground.
http://flightaware.com/live/flight/B...224Z/KIAH/KMSP
Though I originally guessed that no one would have been at the airport at that time, an NW A320 arrived, according to FlightAware at 11:56PM CDT. I cannot see how the entire airport was emptied of ground crew & TSA staff 24 minutes after a 148 seat plane arrived.
Arrivals:
BTA2997 E45X Minneapolis/St Paul Intl (KMSP) Sat 06:47AM CDT Sat 07:07AM CDT
FDX2493 B722 Memphis Intl (KMEM) Sat 04:50AM CDT Sat 06:07AM CDT
USC607 C208 Dupage (KDPA) Sat 03:06AM CDT Sat 04:35AM CDT
BTA2816 E45X Houston Bush Int'ctl (KIAH) Fri 09:37PM CDT Sat 12:21AM CDT
NWA120A A320 Minneapolis/St Paul Intl (KMSP) Fri 11:40PM CDT Fri 11:56PM CDT
N490AM BE40 Davenport Muni (KDVN) Fri 10:23PM CDT Fri 10:51PM CDT
N81AX LJ25 John C Tune (KJWN) Fri 09:16PM CDT Fri 10:40PM CDT
MES3635 CRJ9 Minneapolis/St Paul Intl (KMSP) Fri 09:57PM CDT Fri 10:14PM CDT
Departures:
08-Aug-2009 E45X/L Rochester Intl (KRST) Newark Liberty Intl (KEWR) 10:21AM CDT 11:32AM EDT 0:10
08-Aug-2009 E45X/L Minneapolis/St Paul Intl (KMSP) Rochester Intl (KRST) 06:47AM CDT 07:07AM CDT 0:19
That flight arrived at 12:20am & left at 6:45am so ~ 6 1/2 hours on the ground.
http://flightaware.com/live/flight/B...224Z/KIAH/KMSP
Though I originally guessed that no one would have been at the airport at that time, an NW A320 arrived, according to FlightAware at 11:56PM CDT. I cannot see how the entire airport was emptied of ground crew & TSA staff 24 minutes after a 148 seat plane arrived.
Arrivals:
BTA2997 E45X Minneapolis/St Paul Intl (KMSP) Sat 06:47AM CDT Sat 07:07AM CDT
FDX2493 B722 Memphis Intl (KMEM) Sat 04:50AM CDT Sat 06:07AM CDT
USC607 C208 Dupage (KDPA) Sat 03:06AM CDT Sat 04:35AM CDT
BTA2816 E45X Houston Bush Int'ctl (KIAH) Fri 09:37PM CDT Sat 12:21AM CDT
NWA120A A320 Minneapolis/St Paul Intl (KMSP) Fri 11:40PM CDT Fri 11:56PM CDT
N490AM BE40 Davenport Muni (KDVN) Fri 10:23PM CDT Fri 10:51PM CDT
N81AX LJ25 John C Tune (KJWN) Fri 09:16PM CDT Fri 10:40PM CDT
MES3635 CRJ9 Minneapolis/St Paul Intl (KMSP) Fri 09:57PM CDT Fri 10:14PM CDT
Departures:
08-Aug-2009 E45X/L Rochester Intl (KRST) Newark Liberty Intl (KEWR) 10:21AM CDT 11:32AM EDT 0:10
08-Aug-2009 E45X/L Minneapolis/St Paul Intl (KMSP) Rochester Intl (KRST) 06:47AM CDT 07:07AM CDT 0:19
Last edited by WBurcham; Aug 9, 2009 at 3:55 pm
#85
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In fact, when the terminal re-opened in the morning, the passengers were allowed out of the plane for a few hours.
#86
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Situations like these make me wonder how many veteran travelers were on board. Based on the replies here and my personal experience I'd assume that an elite (myself included) would be more likely to find a "solution" or at least raise some media eyebrows after a few hours of confinement.
But a great FT-er would be thinking "A few more hours and then I'll be Platinum for life"
#87
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Two simple words cover this relationship: ostensible authority. Plenty of case law on this topic.
If I were corporate counsel for CO, I would advise that its beancounters set aside a sizable sum of money to cover the SIR; contact liability insurers; and be on the phone to XJ telling its counsel to be sure to read the contract for details about the indemnification agreement. Some plaintiffs' attorneys in Minnesota are going to make significant legal fees because of this outrageous conduct on the part of XJ and CO.
If I were corporate counsel for CO, I would advise that its beancounters set aside a sizable sum of money to cover the SIR; contact liability insurers; and be on the phone to XJ telling its counsel to be sure to read the contract for details about the indemnification agreement. Some plaintiffs' attorneys in Minnesota are going to make significant legal fees because of this outrageous conduct on the part of XJ and CO.
There was the infamous "Valentine's Day Massacre" in which all of B6's JFK departures were held on the tarmac, some as long as 6 hours. But there was also an incident involving AA in Austin a few years ago, in which an SFO-DFW flight was grounded for 8 hours. One of the passengers on this flight ended up becoming an airline passenger advocate who is attempting to convince congress to pass a passenger's bill of rights, without (so far) success, of course.
Regardless of the ostensible authority, which I think applies very well here, the incident was based on bad weather. Thus the decision to divert to Rochester was made for the passengers' safety, even if ultimately their comfort was neglected.
Once in Rochester, the responsibility for staffing the necessary departments to open the terminal lies with the airport authority, and other agencies, such as TSA, or the FAA, not the carrier.
CO & XJ could likely argue successfully that they could not contravene these rules.
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#89
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#90
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In this case, I think $1,000 is unlikely because the disruption wasn't as severe, but let's say CO/XJ shell out $1k per passenger, that's still only $47k....