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.