Cwa Update 11/04/2004

[jimntx]

"modifications in the employees benefits and protections that are necessary to permit the reorganization of the debtor and assures that all creditors, the debtor and all of the affected parties are treated fairly and equitably; and "

Jim, 1113 does address interest other than the creditors, albeit to a small and very subjective degree as reflected above. That is if we consider labor as an "affected party". What do you think?

Also, congratulations on your recall.

jm

[post="198184"][/post]​

Thanks for the congrats. Yes, labor should be considered an "affected party."
But then, after 3000 years of fighting among those Semitic tribes who are all first cousins there should be peace in Palestine and the surrounding area.

The realities of BK court usually mean that the company management gets whatever it wants (or near to it), and labor gets the cold comfort that they fought until the end. The creditors are the main (if not the only) concern, and the presumption is that the reorg and survival of the company is in their best interests. It is rare that even a creditors' committee succeeds in converting a Ch. 11 to Ch. 7 unless the company management has failed utterly to revive the company (or it's a small business whose owner has not contributed big bucks to the GOP. Sorry, I'm a yellow-dog Democrat. The devil made me say that. )

The question in my mind right now is "Does a BK judge have the jurisdiction under the law to abrogate the contracts AND enjoin the unions from striking?" In today's business environment with the number of airlines willing and able to step into "the void", the argument can not be made that a strike at U (or any other airline for that matter) would irreparably damage the U.S. economy or interests.

 

[mwa]

yes to abrogate no to enjoin from striking

 

[Res]

If the judge throws out the union contract, the company can then outsource to anywhere south of the border...can the judge put restrictions on his decision or is it cut and dry..or will he send both groups back to the table before surrendering a decision?

 

[Reservation Agent]

Seems to me the company has done nothing but damage their relationships with the unions and all related business...They have not bargained in good faith at any time..It has alsways been a take or leave it attitude...

They broke agreements with everybody on the planet...Even airport officals for the Pittsburgh International Airport says, "The company, lied to us" ...As reported in the Pittsburgh Post Gazette...

They continue to frighten the public...declaring they might have to liquidate....That really keeps the public from going out and investing in alot of tickets...

It is fine for them to say a $13.00 an hour job is better than no job, but he is the new guy to trying to save this company, where was he 5 years ago or 3 years ago, when the rest of us have been here trying to save it...?

Lee Iococoa with Chrysler car company took a $1.00 yearly salary to try to turn his company around and it helped...not just financially but the morale of the workers.....How many more Reservation agents could be put of the phone with that additional $400,000 to take more sales calls? About 20 " NEW" agents at about $10.00 to start...

Just on savings in his salary alone, you could have ....an addittional 20 :new hire" reservation agents at $10.00 an hour taking more calls...bringing in more cash for the company ....A new agent can bring in anywhere from $15,000 to $50,000 A WEEK in TICKET SALES....for the company... for HIS $400.00 week's salary.....Go do the math ............................... Is it money IN or money OUT the plan here????

The extra agents added to gain on work/income FOR the company would be 40 hours times 20 agents equals 800 hrs of calls more a week...or 3,200 hours of call taking a month...or 38,400 additional hours of calls a YEAR, taking new ticket sales and increase companys revenue, instead of it being a outgoing expense to the company...

or $400,000 lying in his bank....

Not getting into cuts of other mgt and administrative personnel...

I think there will be atleast 1 strike upcomming...

 

[Severed-N-Happy]

Curious..did you folks get all your designated stock options from the last contract agreement, the ones that were apportioned out over 3 or 4 distributions? or did they cease/finish already or end with the BK? I was fortunate to receive 75 whopping shares in '03 for being ACTIVE during the 1st qualifying period.

 

[WestCoastGuy]

I got my shares also, and immediately sold them. No stock in this company will ever be worth the paper it's written on for long. Never has and never will.

 

[lindy]

The question in my mind right now is "Does a BK judge have the jurisdiction under the law to abrogate the contracts AND enjoin the unions from striking?" In today's business environment with the number of airlines willing and able to step into "the void", the argument can not be made that a strike at U (or any other airline for that matter) would irreparably damage the U.S. economy or interests.

[post="198241"][/post]​

The Railway Labor Act precludes unions from striking while the Company is in bankruptcy. However, once the Company exits bankruptcy, self-help can be pursued.

This is my take on what is going to happen. If AFA/CWA/IAM do not come to agreements shortly, the Company will seek to impose new contracts via the Court. If the Court agrees, these contracts will be put in force. The Company will delay exiting bankruptcy until such time the threat of a strike has been minimized.
Obviously this will occur after all the layoffs, the contracting of maintenance to third party vendors, etc. Thus, what the Company has left is a workforce that will be glad to have a job.

Lindy

 

[700UW]

First of the RLA does not even have anything in it in regard to Bankrutpcy. The RLA was written in 1926. You are refering to Section 6 negotiations which the unions and the company are not in!

Once the a contract is abrogated you are now an employee at will and not covered under a Collective Bargaining agreement, and you are free to strike and the company is free to replace you. Slavery is outlawed in the US, they cannot force you to work under the conditions imposed.

 

[lindy]

First of the RLA does not even have anything in it in regard to Bankrutpcy. The RLA was written in 1926. You are refering to Section 6 negotiations which the unions and the company are not in!

Strongly suggest you review your law periodicals next to your commode.
You're wrong.

Lindy

 

[700UW]

I suggest you go ask Sharon Levine Esq, I believe she knows a bit more then you.

You are wrong.

The information I provided came directly from Mrs Levine, a labor bankruptcy attorney specializing in airline workers.

Ms Levine

 

[AC/CF]

Just reading the banter back and forth makes me wonder, why can't the law be written clearly enough so that there would be no question about it?

 

[SilentWarrior]

Just reading the banter back and forth makes me wonder, why can't the law be written clearly enough so that there would be no question about it?

[post="198503"][/post]​

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