Board Of Directors

PSA and Piedmont were taken over in a merger, Labor contracts just don't disapear and do not get cancelled.

The NMB gets involved it groups are represented by two differant unions, and all the unions on the US property have Alleghany/Mohawk LPPs.

And if the company wants to try and abrogate through the 1113 process, a whole new trial would have to occur.

And remember, US is going to emerge bankruptcy before a complete merger takes place, therefore it will still be US Airways and the merger will not be completed.

All labor contracts remain in effect until a merger agreement can be negotiated with the unions and the company.
 
SpinDoc said:
PITbull said:
Its contractual language that lives in the agreements until 2009. They must be negotiated.

OR,

Contracts could be amended by Judge
Mitchell if necessary for CH11 exit and
merger approval. Heck, for all intents and
purposes, all of the contracts could simply
be cancelled when US as a corporation is
dissolved. That's not likely to occur, but
it is a tool that is available while in BK.

Everyone needs to sit down and take a
deep breath and let the process work
itself out. Nothing is in danger of being
materially changed for at least 3 or 4
months.
[post="271966"][/post]​

Spin Doc-

Considering the amount of rhetoric that goes on in this board inspired by poor reading comprehension or deliberate efforts to not understand what someone is posting, I have a request.

I have a harder time reading your posts because of the clipped lines. My brain wants to read it as verse (iambic pentameter or limerick). It's kind of funny, but I have to read your posts twice, and take out the "there was a young man from Nantucket" pattern in my head.

Can you lengthen your lines unless you're writing verse?
 
It took a bankruptcy filing for the concession stand to open, that is the law, can't break the law you know, oh wait you don't know, you broke it.
 
700UW said:
It took a bankruptcy filing for the concession stand to open, that is the law, can't break the law you know, oh wait you don't know, you broke it.
[post="271989"][/post]​


700UW,

I'm a long-time lurker on a different handle. This is my first post.

Parker says that 68 main line aricraft will be gone. Wonder where they are going. Off of which property? Off which seniority list?

Megasnoop
 
Piney-- bunch of us call RJ'S "Lawn Darts"---throw em and they cant go far--however while capt on the Uncle Ed C jet(F-100) the lawn darts can/did outrun a F100 and 737.
 
Megasnoop,

While waiting for 700UW, here's what I can tell you....

US has announced the removal of 46 aircraft from the fleet. 25 of these are being returned to GE - 10 narrowbody Airbus this year and 15 Boeings in 2006/7. The remaining 21 are all Boeings with the departures this year. The first 11 of these are supposedly already gone, though I don't know if they've actually left the property or not. The remaining 10 are slated for August.

Some of the media reports indicate that planes will be removed from both fleets (HP & US) but I haven't seen a breakdown showing how many of the 68 will come from the US fleet other than the 46 I mentioned above.

One interesting tidbit was filed with the court this week - a motion to reject the lease on a GE 737 effective on court approval. The previously announced returns to GE (25 planes) were part of an agreement that was approved by the court in Jan so requires no additional court approval for the return of the planes. So it would appear that this 737 is in addition to the 25 planes already announced as being returned to GE. Whether it is part of the other 21 already announced or in addition to them is something I don't know.

Jim
 
twoturnin said:
Piney-- bunch of us call RJ'S "Lawn Darts"---throw em and they cant go far--however while capt on the Uncle Ed C jet(F-100) the lawn darts can/did outrun a F100 and 737.
[post="275341"][/post]​
what the hell i saw them in the hangar...looked like a hypo lear to me.
 
Once again you are assuming that the Current US Airways contracts will be the surviving document.. That is not the case..

It is highly likely that the AWA contract will be the surviving document and in the case of the IAM they may have to administer that contract. Similar to UAL and AMFA..

Don't plan on the US contracts for all of the US unions to be the surviving document.

700UW said:
Each union contract at US states it will have BOD seats, they company can't just void a clause in the contract, we have been through this before.

It has to be negotiated or abrogated.

Remember the airbus fiasco?

What if US unions are the contracts that survive?

From the M&R Contract:
[post="271766"][/post]​
 
The real good news is....When US ceases to exist when the merger closes...all employees at or above the minimum retirement age for their work group can immediately receive their PBGC retirement check...and still keep working!
 
This is all mute at this point no one bought anyone actually except OUTSIDE INVESTORS and that def isnt over. Id bet the farm there are quite a few suprises ahead!
 
It does not work that what Justau, which ever union is the surviving union is the contract by which the company will be bound, since the IBT does not have 35% more then likely it will the be IAM and the current US contract.

Just like what happened when PSA was merged into US and when PI was merged into US.
 
Last time I checked this was a big gamble for AWA and US' last hope for survival. The creditors lined up for the big company will disappear if they do not get their way. Period. Read it any other way, but I would assume that that the employees at US would've learned this now. The wages will be a hair higher than AWA pays right now. They have no other reason to be higher. They have no reason to give you seats on a board that will be created for a future company, not an existing company. Nothing will be sacred during this process, just ask the UA employees about their promised retirement. All of this will have a nice "merger is approved on the following conditions....". You will have little say, and I would even like to think that they might even try to rock the boat and abrogate the contracts if they thought they could get enough people from the furloughed lists for both companies to cross any US picket lines. There are a lot of employees who would probably like the chance to work for US with CCY not in charge. Just something to think about.
 
markkus757 said:
Last time I checked this was a big gamble for AWA and US' last hope for survival.  The creditors lined up for the big company will disappear if they do not get their way.  Period.  Read it any other way, but I would assume that that the employees at US would've learned this now.  The wages will be a hair higher than AWA pays right now. They have no other reason to be higher.  They have no reason to give you seats on a board that will be created for a future company, not an existing company.  Nothing will be sacred during this process, just ask the UA employees about their promised retirement.  All of this will have a nice "merger is approved on the following conditions....".  You will have little say, and I would even like to think that they might even try to rock the boat and abrogate the contracts if they thought they could get enough people from the furloughed lists for both companies to cross any US picket lines.  There are a lot of employees who would probably like the chance to work for US with CCY not in charge.  Just something to think about.
[post="275491"][/post]​


AMAN!!

BTW, I was looking at the AWA f/a contract....more vacation...same top out rate. Well, what will the pudints say? It surely isn't the f/a group at U causing high cost to run the airline.

Also, I believe the AWA f/as are in negotiations. A rasie to those not topped out making less then US would be small. The payscales are VERY close. Besides fences post merger, the combining of f/a contracts SHOULD be somewhat easy.
 
Markus,

You need to go study the Railway Labor Act, a company can not just go in and make any changes to a existing collective bargaining agreement.

The National Mediation Board (NMB) will determine if the IAM or IBT is the surviving union or whether or not an election will be held to determine who holds the certification. (for the mechanic and related group)

If the company wants to go down the Section 1113 C process again, hearings will have to be held in court and negotiations would have to take place by law and since only US in in Chapter 11 it would only apply to US and it's Labor contracts, and not HP. And if US goes down that path it will end up with liquidation of US.

And since the IBT has less then the 35% more then likely the IAM will be the surviving union and collective bargaining agreement.

Seats on the board are contained in each of the US labor agreements, the IAM one being subject to the New POR, can't speak for the other unions.

And the US Employees have all ready lost their retirement, where have you been?

In the first bankruptcy the pilots lost it and then the Mechanic and Related the Flight Attendants and the old frozen plan were terminated on January 6, 2005 by Judge Mitchell and taken over by the PBGC, which right now has a $20 billion deficit, look for a tax payer bailout similar to the Savings and Loan Scandals of years past.

And the employees have given back over 20,000 jobs and Several Billion dollars in concessions all ready, not counting the years going forward, those employees have every right to demand things as if it was not for them the company would have been gone a long time ago.

The funny thing is Wolf, Gangwal, Nagin, Siegel and Cohen all have their pensions paid out to them and the current band of thieves at CCY have their pensions fully funded, yet the employees who have sacrificed to keep this company alive got screwed.

And like I said you cant just go into court and expect the judge to abrogate a contract, he has all ready done that once and it was a three month process, the minute US files a 1113 motion again, this place will burn down faster then what happened at X-mas, and HP is not in bankruptcy so nothing can happen there.

Take the time and do a bit a research next time, it might help you understand the process a bit more.

Any Judge would be hard pressed to abrogate concessions that he approved after the company telling him this is all they needed to survive.

Companies that request abrogation of the labor agreement but it must meet the following nine (9) distinct requirements:

1. The debtor in possession must have made a proposal to the union.
2. The proposal must be based upon the most complete and reliable information available at the time of the proposal.
3. The modification must be necessary to permit reorganization.
4. The modification must provide that all affected parties be treated fairly and equitably.
5. The debtor must provide the union with such relevant information as is necessary to evaluate the proposal.
6. The debtor must have met with the collective bargaining representative at the reasonable times subsequent to making the proposal.
7. The debtor must have negotiated with the union concerning the proposal in good faith.
8. The union must have refused to accept the proposal with good cause.
9. The balance of the equities must clearly favor rejection of the agreement.