birdseyeview
Newbie
- Oct 10, 2003
- 13
- 0
Could Chip or someone else please advise me of the language in our contract. If the company sells a large number of aircraft, does the purchaser have to take US pilots?
Transfer Of Pilots With Any Asset Sales
- Thread starter birdseyeview
- Start date
PSA1979
Senior
- Jan 15, 2003
- 360
- 6
I don't know if AFA got this language because of a "me too" or it is ours alone, but here is what our contract says about Partial sales:
"3. Partial Transactions
a. In addition to all other protections under this Agreement, if, within any twelve (12) month period while the Agreement remains in effect, US Airways Group or the Company sells, transfers or disposes of assets which, net of asset purchases or acquisitions during the same twelve (12) month period, constitute twenty percent (20%) or more of the value of the assets of the Company or US Airways Group (the closing of any such transaction(s) which alone or in the aggregate satisfy the aforesaid percentage being referred to as a “Triggering Eventâ€), then:
(1). In the event another air carrier (a “Transfereeâ€) purchases or acquires any aircraft of the Company or US Airways Group as part of any transaction that constitutes a Triggering Event, the Association shall determine, in its sole discretion, whether or not flight attendants from the US Airways System Seniority List (the “Transferring Flight Attendantsâ€) shall transfer to the Transferee and which flight attendants shall transfer. The number of Transferring Flight Attendants shall be determined by calculating the average flight attendant staffing on a monthly basis over the prior twelve (12) months attributable to the aircraft transferred to the Transferee in connection with the Triggering Event; and
(2). The Company and US Airways Group shall require any Transferee to employ the Transferring Flight Attendants, with the integration of the Transferring Flight Attendants into the Transferee’s seniority list to be governed by the Association Merger Policy if both pre-transaction flight attendant groups are represented by the Association and otherwise by Sections 3 and 13 of the Allegheny-Mohawk LPPs.
b. This Paragraph D.3. shall not apply to: (1) transactions made necessary by circumstances over which the Company has no control, as defined in Paragraph E.2. below; (2) the retirement of aged aircraft in the ordinary course of business; and (3) financing transactions such as sale-leasebacks where the transferred assets continue to be used in the Company’s operation.
3. Notwithstanding the provisions of Section 31 (Amendments to the Agreement) and Section 32 Duration), the Labor Protective Provisions provided for in D.1. – D.4. herein shall not be reduced, delayed or otherwise diminished by US Airways Group, the Company, the Union, nor any Successor to the Company or Union, for a period of up to and including three (3) years after the date of any merger, acquisition, or partial transaction as described herein."
"3. Partial Transactions
a. In addition to all other protections under this Agreement, if, within any twelve (12) month period while the Agreement remains in effect, US Airways Group or the Company sells, transfers or disposes of assets which, net of asset purchases or acquisitions during the same twelve (12) month period, constitute twenty percent (20%) or more of the value of the assets of the Company or US Airways Group (the closing of any such transaction(s) which alone or in the aggregate satisfy the aforesaid percentage being referred to as a “Triggering Eventâ€), then:
(1). In the event another air carrier (a “Transfereeâ€) purchases or acquires any aircraft of the Company or US Airways Group as part of any transaction that constitutes a Triggering Event, the Association shall determine, in its sole discretion, whether or not flight attendants from the US Airways System Seniority List (the “Transferring Flight Attendantsâ€) shall transfer to the Transferee and which flight attendants shall transfer. The number of Transferring Flight Attendants shall be determined by calculating the average flight attendant staffing on a monthly basis over the prior twelve (12) months attributable to the aircraft transferred to the Transferee in connection with the Triggering Event; and
(2). The Company and US Airways Group shall require any Transferee to employ the Transferring Flight Attendants, with the integration of the Transferring Flight Attendants into the Transferee’s seniority list to be governed by the Association Merger Policy if both pre-transaction flight attendant groups are represented by the Association and otherwise by Sections 3 and 13 of the Allegheny-Mohawk LPPs.
b. This Paragraph D.3. shall not apply to: (1) transactions made necessary by circumstances over which the Company has no control, as defined in Paragraph E.2. below; (2) the retirement of aged aircraft in the ordinary course of business; and (3) financing transactions such as sale-leasebacks where the transferred assets continue to be used in the Company’s operation.
3. Notwithstanding the provisions of Section 31 (Amendments to the Agreement) and Section 32 Duration), the Labor Protective Provisions provided for in D.1. – D.4. herein shall not be reduced, delayed or otherwise diminished by US Airways Group, the Company, the Union, nor any Successor to the Company or Union, for a period of up to and including three (3) years after the date of any merger, acquisition, or partial transaction as described herein."
28yearsnojob
Advanced
- Jan 2, 2004
- 203
- 0
the new owners of any asset sold do not have to hire any of theusair people.
Cloud Watcher
Member
- Aug 10, 2003
- 32
- 0
Yeah, remember the sale of Eastern's 757's to US Air. No pilots came with any of the aircraft.
What goes around comes around!
What goes around comes around!
slipnutwrench
Member
- Sep 5, 2002
- 51
- 6
Yeah, remember the sale of Eastern's 757's to US Air. No pilots came with any of the aircraft.
What goes around comes around!
The reason the 757's came to US without EA pilots is because EAL had gone out of business already, two yrs past IIRC. The planes had been sitting out in the hot desert all that time with no interest in them. They needed quite a bit of rework to get them back into flyable shape. AAAAHHHH, Ill never forget the day CHRISTINE (a/c 600) pulled up to my gate!!!!
What goes around comes around!
The reason the 757's came to US without EA pilots is because EAL had gone out of business already, two yrs past IIRC. The planes had been sitting out in the hot desert all that time with no interest in them. They needed quite a bit of rework to get them back into flyable shape. AAAAHHHH, Ill never forget the day CHRISTINE (a/c 600) pulled up to my gate!!!!
USAirUnited
Advanced
- Dec 17, 2002
- 235
- 0
correct me if I'm wrong but all of our engines and aircraft are leased. So, they are not ours to sell.
That would be a true statement regarding most everything with a USAirways livery on it....but in todays world , that is not unique to just U either.USAirUnited said:
To my knowledge NW's fleet of DC-9's is some of the last Acft that is actually owned by anyone....thier might be a few oher examples? but very few !
U
USA320Pilot
Guest
The US Airways ALPA contract states that if more than 15% of the mainline assets are sold then pilots have to transfer with those assets.
Regards,
USA320Pilot
By the way...
John McCorkle wrote in his newsletter US Airways is in the process of distributing a booklet to all employees entitled "Business Conduct and Ethics Policy." I have not seen a copy of this booklet, however, McCorkle said, "Employees are banned from identifying themselves as US Airways employees online. Furthermore, employees are "prohibited from identifying yourself as a company employee when posting comments on the internet or on other online services. This rule applies even if a statement is included that clearly states the user is expressing his or her own ideas and not necessarily those of the company."
Regards,
USA320Pilot
Regards,
USA320Pilot
By the way...
John McCorkle wrote in his newsletter US Airways is in the process of distributing a booklet to all employees entitled "Business Conduct and Ethics Policy." I have not seen a copy of this booklet, however, McCorkle said, "Employees are banned from identifying themselves as US Airways employees online. Furthermore, employees are "prohibited from identifying yourself as a company employee when posting comments on the internet or on other online services. This rule applies even if a statement is included that clearly states the user is expressing his or her own ideas and not necessarily those of the company."
Regards,
USA320Pilot
Light Years
Veteran
- Aug 27, 2002
- 2,878
- 0
LOL, welcome USA320PILOT. Dont believe everything you read here 
ClueByFour
Veteran
- Aug 20, 2002
- 3,566
- 37
Not to bo overly harsh about this, but if anybody wants that large a chunk of assets badly enough, you will see another TWA like situation, where the sale and transfer takes place after the ALPA contract is either butchered or concessions are granted in another Chapter 11 process (or a Chapter 7 process, similar to what happened with Midway).
767jetz
Veteran
- Aug 20, 2002
- 3,286
- 2,779
Yes, but let's not forget what happened to TWA. Part of the purchase agreement was for ALPA to give up any integration rights. Now most of the pilots are on the street. (As a former TWA pilot myself, this includes many of my friends.)USA320Pilot said:
As we all know, anything can happen in CH7.
robbedagain
Veteran
- Oct 13, 2003
- 11,125
- 2,676
usa320pilot: it is sadlly true that this outfit has sent out the 26 page booklet and as far as I believe, they are trying to tell you what you can say and cant say even from your own home pc. when you get it it will tell you i forget what page though
