Subject: Posted by retired pilot and former Grey Eagles President Bill Rose
This is public record in the FA (pertaining to VEOP retirees) lawsuit:
Under American’s construction of the terms, the modification of the TRIP Book cannot support a claim for breach of contract because the contract allows for modification or termination without cause. Plaintiffs argue that the language, “travel privileges, unless otherwise stated, be for the life of the eligible employee, [or] retiree . . .” indicates American’s intent to provide retirees with
Case: 1:14-cv-07980 Document #: 124 Filed: 08/16/17 Page 7 of 10 PageID #:4296
unlimited D2 status for the remainder of their lives. American’s interpretation of the disclaimer language makes the TRIP Book ambiguous because it would render the words “for the life” meaningless. In other words, if American can alter the TRIP Book at any time, then the travel privileges would not be granted “for the life.” Instead, they would be granted until American chose to revoke them, creating an illusory promise. Because the doctrine of illusory promises says that courts should avoid construing a contract to render promises illusory, this Court should give the words “for the life” meaning. M & G Polymers USA, LLC v. Tackett, 135 S. Ct. 926, 936 (2015). Thus, the two phrases (“for the life” and “subject to . . . termination or modification”) contradict each other and create an ambiguous provision within the TRIP Book.
Other courts have found similar contracts to be ambiguous. See e.g., Int'l Ass'n of Machinists & Aero. Workers, Woodworkers Div. v. Masonite Corp., 122 F.3d 228, 230 (5th Cir. 1997) (finding the phrase “until death” ambiguous because it could be construed as a limiting or rights granting provision); Barrett v. Fox & Grove, No. 01 C 5910, 2002 U.S. Dist. LEXIS 23482, at *11 (N.D. Ill. Dec. 2, 2002) (finding ambiguous a benefit plan that permitted amendment “at any time” despite language Plan that each employee “shall be entitled” to benefits which “shall be paid” when the employee leaves the firm). Moreover, American’s construction of the TRIP Book, while reasonable, requires an inference in favor of American and this Court must draw all reasonable inferences in favor of plaintiff for the purposes of the motion to dismiss. Accordingly, this Court finds that plaintiffs have adequately stated a claim for breach of contract.
The suit continues...
Boarding priority Same code for everyone Old American code Old US Airways Code
Vacation pass travelers D1 D1 SD1V
Active employees (mainline and wholly owned) and eligible travelers
D2 D2R SD2E
Retirees (including TWA)/former employees with travel privileges and eligible travelers D2R D2R SD2R
Parents D2P D2P SD2P
Active non-wholly owned regional employees and their eligible dependents AAC AAC N/A
Guest pass travelers D3 D3 SD3G
oneworld personal travel ONE ONE ON1E
Other airline company business travel D4 D4 SD40
Routine interline personal travel ZED ZED ZE1D
Does "boarding" mean getting on the airplane or the issuing of a boarding pass?
Non-revenue "boarding" priority means the order in which non-revenue travelers are issued a boarding pass or accommodated on a flight. The priority is determined by a combination of your travel/pass classification and the time that you check in for your flight. In all cases, revenue customers will be accommodated before non-revenue travelers.
Do my parents board at my priority or a different priority?
If your parents (the two registered in NRTP) are traveling with you, they travel at your priority (D2 or D2R). If they are traveling without you, they travel at D2P, behind vacation passes (D1), active and retired employees and their eligible travelers (D2/D2R).
Do my guest pass (D3) travelers board at my priority or a different priority?
All guest Pass travelers board at D3 priority whether they are traveling with or without you.
Did the boarding priority for non-wholly owned regionals change?
Yes, we launched a change to our non-wholly owned regional travel program Sept. 1. Here’s how it works:
Boarding priority on own metal: Non-wholly owned employees and their accompanying eligible travelers will always have the highest boarding priority on their own metal. So, for example, a SkyWest employee will board before all other non-revenue travelers on SkyWest-operated flights (including mainline D1 travelers). As such, these travelers will be cleared out of order - which can be a little confusing to other non-revenue travelers.
Boarding priority on other metal: Non-wholly owned employees and their eligible travelers will be accommodated before guest passes (D3) when traveling on all other metal. That means priority AAC will fall after D1, D2, D2R and D2P travelers, but ahead of D3.
Do people with connecting flights have a higher boarding priority?
Yes. You'll still board at your same priority at your connecting city, but will automatically be listed as a "through passenger" for that flight.
And if you're connecting to an American flight from another airline, you can show your inbound boarding pass to an agent at your connecting city to be placed on the standby list as a "through-passenger."
If I check in for a 3:00 p.m. flight and don't get on, will I be rolled over to the next flight ahead in boarding priority of other employees that originally checked in for the 5:00 p.m. flight?
The standby list will be integrated by time of check-in. If you checked in 24 hours in advance and are traveling on the same metal, then yes, you would be ahead of someone who checked in later for their flight.
In this example, if both employees checked in 24 hours before departure, you (originally on the 3:00 p.m. flight) would keep your earlier check-in time, and would go in front of those checked in for the later flight.
this info is from retiree.aa.com
What is a (D2R)
You are currently an active AA employee with 35 years seniority and plan to retire. Your non-revenue status is D2.
When you retire, you become a D2R which places you in a lower stand-by category when travelling.
ALL (Pilots , Flight Attendants
& Supervisors & Agents , Fleet Service Clerks)
will be come D2R's