APA sues AA, claiming 1113 does not apply to "expired" CBA

[FWAAA]

Clever, but I don't think the APA has a chance with this one. APA claims that there is no CBA for AA to reject under 1113, and therefore, the bankruptcy court is powerless to abrogate the APA contract. APA says it has offered to submit to binding arbitration which would then be submitted for court approval.

http://www.amrcaseinfo.com/pdflib/1481_15463.pdf

 

[WorldTraveler]

esp. since labor contracts under the RLA don't expire.

 

[AANOTOK]

esp. since labor contracts under the RLA don't expire.

Just an opinion but, this AA/Labor battle is going to be very ugly with all three unions. I personally do not think
AA will survive as a standalone with animosity that will prevail when the Judge fires the final shots on behalf of the company.
You will probably see AA merged or bought out and sold in pieces then the AA name liquidated. The workforce has had enough!

 

[700UW]

If the CBA is expired, than why are they working under its terms?

Waste of dues money and time, CBAs under the RLA dont expire, they become amendable.

Is the APA leadership that stupid?

 

[IORFA]

My vote is for Delta, as long as there is NO room for ANY AA management!! F them all. P.S. it is only because of purely selfish reasons of where bases are located. I would like to choose to live in a city that has a base located in it.

 

[jersey777]

Delta!!!!

 

[FWAAA]

If the CBA is expired, than why are they working under its terms?

Waste of dues money and time, CBAs under the RLA dont expire, they become amendable.

Is the APA leadership that stupid?

Exactly. Gotta love the pick and choose nature of the argument. "We don't have a CBA as defined under bankruptcy law but we have a CBA as defined under the RLA."

This filing might not result in Rule 11 sanctions, but I'll bet it provokes a rebuke from the judge.

 

[Mach85ER]

Exactly. Gotta love the pick and choose nature of the argument. "We don't have a CBA as defined under bankruptcy law but we have a CBA as defined under the RLA."

This filing might not result in Rule 11 sanctions, but I'll bet it provokes a rebuke from the judge.

I might tend to agree with you, but APA is spending $$$ on some serious BK advisory talent. Why this was filed is well above my level of knowledge and may be part of the many Chess moves going on.

 

[TWU informer]

Interesting. I am no legal expert but interesting complaint.

 

[Birdman]

Just an opinion but, this AA/Labor battle is going to be very ugly with all three unions. I personally do not think
AA will survive as a standalone with animosity that will prevail when the Judge fires the final shots on behalf of the company.
You will probably see AA merged or bought out and sold in pieces then the AA name liquidated. The workforce has had enough!

Noted airline BK's from the last decade reveals that AA's employees are not writing the book on animosity or having enough. Many have been through much worse and survived and IMO, we will too. The only surprise for me in regard to this unorthodox lawsuit is that Jim Little didn't think of it.

 

[TWU informer]

Noted airline BK's from the last decade reveals that AA's employees are not writing the book on animosity or having enough. Many have been through much worse and survived and IMO, we will too. The only surprise for me in regard to this unorthodox lawsuit is that Jim Little didn't think of it.

Jim Little was too busy hanging with the Democratic National Committee members. planning the next airport picketing, and creating more HTML wesbite petitions.

The language of the APA labor agreement regarding section 6 openers stopping the annual May 1st auto renewal of agreement could prove to be an interesting arguement.

But if the Judge rules against AA, wouldn't that make all AA Pilots at will employees and give the company an instant opening to do as they please?

 

[eolesen]

Personal opinion... This will end badly for APA... I agree it may lead to a rebuke, but it will also wind up creating yet another piece of case law & precedent that boxes labor in, just as AFA did when going to court to engage in self-help following abrogation.

Then again, maybe they can get a ruling that the RLA shouldn't apply to airlines. Then everyone wins...

 

[Kev3188]

You're likely right E, but I prefer APA's at least being creative to the TWU's breathless announcement that they have fax machines & and access to the interwebs...

 

[TWU informer]

Personal opinion... This will end badly for APA... I agree it may lead to a rebuke, but it will also wind up creating yet another piece of case law & precedent that boxes labor in, just as AFA did when going to court to engage in self-help following abrogation.

Then again, maybe they can get a ruling that the RLA shouldn't apply to airlines. Then everyone wins...

Pfffttt, the precedent is already set.
This is the start of informing the Judge about lengthy negotiations preparing for future legal arguements.
Nothing more.

I still say the smell of Fire is in the air at AA.

 

[eolesen]

Well, when the union does BS like this, it's not going to do much to garner goodwill with the judge deciding your fate. If anything, it just gives the company yet another "we tried but they weren't interested in being reasonable" example to point to...