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AAviator

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UCC "we want a consensual deal and will not exit without one"

APA "the landscape has changed"

AMR "we need another 10 min recess to conference call with HQ"

Judge "You cannot give the pilots a deal that takes away more than 17%"

Being reported live from our guys in the room......( paraphrased of course and from an e-mail...)


B)
 
NEW YORK – There has been debate about how important it was to have a new contract with the Allied Pilots Association before American Airlines and parent AMR exited Chapter 11 bankruptcy proceedings.
On Tuesday, attorney Jack Butler for the Unsecured Creditors Committee gave his opinion – the airline must have a deal before exiting bankruptcy.

“Let there be no mistake” that AMR has to have a contract with pilots, Butler told U.S. Bankruptcy Judge Sean Lane.

“The committee is going to require that before there is any reorganization,” Butler said. “There has to be a deal.”

His statement carries great weight because the Unsecured Creditors Committee must give its blessing to any plan of reorganization put forth by AMR, American and subsidiaries, or competing plans if it comes to that.
Butler made his comments as American and the Allied Pilots Association were battling it out in Judge Lane’s court about whether American had made its case that it could reject its contract with the pilots.
The pilots’ union is arguing that there have been enough changes in American’s business plan, its actions and the industry that the court must consider American’s motion in light of what has happened since American on April 19 proposed the terms it wants to impose on the pilots.

The Allied Pilots Association rejected a tentative agreement Aug. 8 that were less concessionary than the April 19 terms. On Aug. 15, Lane rejected the company’s motion to throw out the contract, citing problems with the company’s proposals on furloughs and codesharing. Two days later, American filed a new motion that addressed Lane’s points: it dropped any changes on furloughs and put limits on codesharing.

American wants to restrict Tuesday’s discussion only to the two items it changed. “In American’s view there’s very little left to done on American’s Section 1113 motion,” said Neal Mollen, American’s counsel.
The APA’s attorneys want to broaden it.

After 1 ½ hours of debate, the judge called a recess to let American’s and the union’s attorneys discuss how they want to move forward. But he made clear, just before the recess, that he won’t brook any raising of issues that were raised during three weeks of hearings in April and May and decided in his Aug. 15 decision.
“Let me make it very clear. You had your shot,” he told the union’s counsel, Kathy L. Krieger. He added, “I will stay here all night. I am not going to revisit issues that have been decided.”

One point of debate is the union’s desire to use the tentative agreement as a baseline for anything imposed by American, not the harsher terms of the April 19 term sheet.

The tentative agreement cut pilot costs by 17 percent, not the 20 percent of the term sheet. The agreements with the Association of Professional Flight Attendants and seven units of the Transport Workers Union reduced employee costs 17 percent as well.

Mollen protested that the tentative agreement came from negotiations outside the court, and bankruptcy court rules are supposed to protect those confidential talks from being used against any party – American, in this case.

Mollen said American does not have a new business plan compared to April, although it is in the process of updating its business plan, but the inability to get a pilots’ contract has slowed that process. Krieger said she believes that the metrics on what American is expecting from revenue increases and cost savings have changed American’s business plan.
 
And so now we all see where the consensual deal requirement comes from.

In spite of what the TWU told us all.
 
Yep, the UCC will get their money from the company or another entity if their plan is solid.. War with employees is not a very desirable plan!!

M&R had our chance but were sold out AGAIN!!!
 
A prime example of competent and educated representation.. MBA's versus MBA's.. Nice work APA..
 
good thing for the me clause lol when the pilots get it down to 10%. How is the twu going to screw the line again? full sick time and 10 holidays at least and double time and a half! also better raises in the last years.
 
[background=rgb(245, 245, 245)]
Jason Whitely ‏@JasonWhitely[/background]
[background=rgb(245, 245, 245)]
BREAKING: Judge just ruled and granted @AmericanAir's motion to cancel pilots contract.[/background]

Expand[font=Helvetica Neue'][background=rgb(245, 245, 245)]Jason Whitely ‏@JasonWhitely[/background][/font]
[font=Helvetica Neue'][background=rgb(245, 245, 245)]BREAKING: @AlliedPilots, representing 8,000+ @AmericanAir pilots, are first pilot labor group to have their contract voided in bankruptcy.[/background][/font]
Expand
 
U.S. Bankruptcy Judge Sean Lane ruled Tuesday that American Airlines can abrogate its collective bargaining agreement with the Allied Pilots Association.
The judge rejected the APA’s arguments that American hadn’t made its case that it needed to toss out the contract to proceed with its bankruptcy reorganization.
Section 1113 of the federal bankruptcy code allows companies to throw out its collective bargaining agreements if it meets a number of requirements. The judge ruled that American had met those requirements.
 
American Airlines’ pilots blew it by turning down last, best offer
mschnurman@dallasnews.com

Published: 03 September 2012 09:02 PM

The pilots at American Airlines had a chance to set an example, net some gains and boost their power in the airline’s reorganization.
But they threw it away by rejecting a labor contract that was the company’s last, best offer. And on Tuesday, they’re going to a New York bankruptcy court to try to stave off the consequences.
It’s the perfect case for why business doesn’t work as a democracy and real leadership makes all the difference.
The pilots union has a history of self-inflicted pain — from illegal sick-outs to picketing corporate customers to asking for holiday pay for Super Bowl Sunday. Last month’s contract vote joins the list, because pilots could lose millions in benefits and most of their negotiating leverage.
Added insult: Eight other union groups at American approved their deals. Some pain lies ahead for them, but so do pay raises, stock awards, retirement contributions and buyout offers.
For pilots, frustration is already evident, as more realize that management is likely to prevail in court and impose tough terms. Union leaders recently threatened a strike vote, even though a strike is a nonstarter in bankruptcy. The threat made some headlines, but the pilots might as well howl at the moon.
Don’t be surprised if they soon talk about work slowdowns and other tactics. It will be harder to get attention after last Friday, when American’s management began formal merger talks with US Airways. And while everyone prefers a contract, the urgency isn’t as great as in past airline bankruptcies; while lenders insist on such deals, American has enough cash to exit Chapter 11 without borrowing.
In the cockpit, American pilots take great pride in being leaders and taking responsibility. Many hold advanced degrees and closely track American’s financial results. Yet on the ground, they often make boneheaded decisions that confound even their union officers.
Consider the contract that the rank and file rejected in a landslide last month. It had job protection, a 4 percent pay hike, raises for five years, a 13.5 percent equity stake in the reorganized company, and a retirement plan contribution of 14 percent of pay per year.
Where do I sign?
There were major concessions, primarily new work rules and code-sharing provisions to shave $315 million in total pilot compensation. American is in Chapter 11, due in large part to high labor costs, so a reset was inevitable.
But the sweeteners were notable wins, especially the equity share and a pay match to industry-average salaries after 36 months. The leaders of the Allied Pilots Association should have sold it hard, the way that flight attendant union president Laura Glading pushed to approve. Instead, the APA sent a conflicted message: The board endorsed the agreement just 9-7, and national officers insisted on remaining neutral.
“We have not made any personal comments on how we plan to vote,” they wrote to members.
Opposition went viral, talking up takeovers, talking down management and suggesting the union would get another bite at the apple. A stunning 61 percent of pilots voted no.
“We’re hoping they understand, based on the voting,” said new APA president Keith Wilson, “that the pilots are serious about this.”
More like seriously out of touch. Pilots rejected an offer with $55 million in improvements and an equity piece that guaranteed more influence in bankruptcy. Union advisers compared it to having a seat at the parents’ table. Without the stock, they said, pilots would be relegated to the kids’ table, where they could scream all they wanted — and be ignored.
To end a stalemate in bankruptcy, a company can petition to throw out existing contracts and impose terms. With limited leverage and so much downside, workers get what they can and hope for a brighter future.
That’s hard to accept at American, because anger and distrust run so deep. But flight attendants did it, despite some legendary hostility. Transport workers and mechanics did it, too, despite thousands of job cuts to come.
In contrast, pilots are left to ask the boss to give them a break if the court rules for the company. American doesn’t have to grant raises, for instance, or contribute to a 401(k). And the double-digit equity stake? Dream on.
Last week, Wilson said that people offered congrats and condolences when he took the post right after the rejection vote. He explained to reporters that the union was governed by a 16-member board, and his job was to execute its instructions.
“So while I have opinions,” Wilson said, “they’ll remain private for most of the time.”
Too bad. The pilots need a leader who’ll shout out the truth. He could start with: We blew it!
 
U.S. Bankruptcy Judge Sean Lane ruled Tuesday that American Airlines can abrogate its collective bargaining agreement with the Allied Pilots Association.
The judge rejected the APA’s arguments that American hadn’t made its case that it needed to toss out the contract to proceed with its bankruptcy reorganization.
Section 1113 of the federal bankruptcy code allows companies to throw out its collective bargaining agreements if it meets a number of requirements. The judge ruled that American had met those requirements.

So the TWU told the truth all along about Section 1113 bankruptcy and the requirements for abrogation as explained by Sharon Levine. I'm sorry for the pilots but we told you Informer this would happen as it has, same thing could've happened to the TWU....Believe us now Informer?
 
Alrighty then.

Do we need a deal or not??

(the saga continues)
 
So the TWU told the truth all along about Section 1113 bankruptcy and the requirements for abrogation as explained by Sharon Levine. I'm sorry for the pilots but we told you Informer this would happen as it has, same thing could've happened to the TWU....Believe us now Informer?

I will wait for the fat lady to sing if you don't mind.

This isn't over, the UCC said "a consensual" agreement IS REQUIRED, which I claimed all along.

TIme will tell, you can go celebrate with your sign out on the corner, I am going reserve judgement until all rounds of this fight are over.

Levine said a consensual agreement is not required. The UCC said otherwise in court today.
So put that in your fear pipe and smoke it.
 

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