Scope clause
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A scope clause is part of a contract between a major airline and the trade union of its pilots that limits the number and size of aircraft that may be flown by the airline's regional airline affiliate.
The scope clause's goal is to protect the union pilots' jobs at the major airline from being outsourced to the regional carriers by limiting the regional airlines' passenger capacity.[1] These clauses exist primarily in the United States, Canada, and Mexico.
Scope clauses are supported as a means of saving union jobs. Major airline pilots are usually higher paid than regional pilots. Criticism of scope clauses centers on the limits they place on the regional airlines they target. Scope clauses are intended to prevent the major carriers from outsourcing routes calling for larger equipment to regional airlines, with their lower paid pilots, and thus reducing the number of more highly paid pilots at the majors.[2]
Scope clauses place restrictions on how many and what size of aircraft a regional airline may operate. Some holding companies operate a large number of individual airlines, with each airline's fleet specifically tuned to the scope clause of that airline's contracted major carrier.[3]
| Carrier | Up to 50 seats | 51 - 76 seats |
|---|---|---|
| American Airlines | No limit | Above 65 seats, a number not to exceed 40% of the mainline narrow-body fleet |
| Delta Air Lines | Up to 125 aircraft | Up to 102 70-seat aircraft, up to 223 76-seat aircraft (may be reduced by 35 aircraft if the flow provisions of Delta LOA #9 cease to be available at Endeavor Air)[5] |
| United Airlines | Up to 90% of the United Airlines single-aisle fleet | 255 aircraft between 51 and 76 seats, not to exceed 153 76-seat aircraft |
| Alaska Airlines | No limit[verification needed] | 43% of the mainline aircraft total.[citation needed] |
| Hawaiian Airlines | Cannot be flown on trunk routes serviced by mainline aircraft[6] |
Within American Airlines, regional flying between specific cities listed in contract may not exceed 1.25 percent of mainline block hours.[7] CRJ-900 and E175 aircraft that used to fly for US Airways, and their future replacements, are grandfathered in to the seat limitation and may operate with 79 or 80 seats, respectively.[8]
At Delta Air Lines, 85% of flying has to be less than 900 miles, and 90% of flying will be to and from hubs.[7] For United Airlines, regional block hours must be less than mainline block hours. Mainline routes flown in last 24 months are prohibited unless United could not earn an adequate return.[7]