700UW,
I must ask, do you actually read what you post? If your assertion is that somehow abrogating any CBA through the bankruptcy process is a simple matter of a corporate whim, then you are grossly mistaken. You use collective bargain paragraphs and the Law as a drunken man uses a lamp-post for support – rather than illumination (with apologies to Andrew Lang). So with that in mind, let us review what Section 1113 says:
“(The Trustee)...may assume or reject a collective bargaining agreement only in accordance with the provisions of this section... 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... the trustee shall meet, at reasonable times, with the authorized representative to confer in good faith in attempting to reach mutually satisfactory modifications of such agreement.”
As employees would be part of the creditors (especially in terms of pensions), and certainly, “affected parties”, they too would be “treated fairly and equitably” and “to confer in a good faith in attempting to reach mutually satisfactory modifications of such agreement.” Does this language strike you as particularly one-sided given there is an opportunity for compromise with Management in an agreement?
Furthermore,
“The court shall approve an application for rejection of a collective bargaining agreement only if the court finds that—
(1) the trustee has, prior to the hearing, made a proposal that fulfills the requirements of subsection ((1);
(2) the authorized representative of the employees has refused to accept such proposal without good cause; and
(3) the balance of the equities clearly favors rejection of such agreement.”
And the very narrowing defined conditions by which “The court shall approve an application for rejection of a collective bargaining agreement only if...” the trustee fulfills the requirements of aforementioned subsection, the employee group fails to show good cause to reject proposal or the Judges finds the agreement too one-sided. Does that strike you as something for which Management could dictate the terms of the CBA to you?
Finally,
“(f) No provision of this title shall be construed to permit a trustee to unilaterally terminate or alter any provisions of a collective bargaining agreement prior to compliance with the provisions of this section.”
So once again, the trustee (and certainly not Management either) cannot unilaterally terminate or alter any provisions of the collective bargaining agreement” without complying with those sections which I cited earlier. Once again, does Section 1113 strike you as a Law which allows Management to violate “any provision” without the affected labor groups input? If you have other sections of the Law which nullifies Section 1113, then I am more than willing to entertained by your continued delusions.
If your view of Section 1113 was correct, then why did Management fail to slash all FSAs down to minimum wage and cancel all healthcare insurance benefits while in bankruptcy? Are you suggesting that Management had a conscience? Are you suggesting that replacements were not available off the street? Or maybe you are just wrong?
When I managed business operations, if I was creditor in a bankruptcy, I was happy to get 50 cents on the dollar, and if I had to re-negotiate a contract, if I only had to get a 20% haircut, then I was happy that that too. Frankly, the East guys are spoiled, but if not for the restrictions to abrogate CBAs without lengthy considerations and the pension protections under ERISA and the PBGC, you would have been out of the street and without any pension in the future. Yes, you came out like a rose, albeit after a long prom night of excessiveness without a care in the world living under CAB protections, but a rose by any other name would smell (almost) as sweet.
Also let it be known that I take great umbrage in your statement that I lack the intellectual abilities to discuss this matter, especially from anyone whose occupation consisted of stocking, sorting, and inventorying parts for decades. One of the oddities of working with West was the number of very intelligent people working on the ramp part-time because it was a means to benefits instead of an attempt to make it their primary career. I have personally known lawyers, CPAs, nurses, Management PhD’s, economists, teachers, etc. who were “throwing bags” right along with me. Honestly, I doubt that your immediate co-workers, or especially you, achieved that level of formal academic success, and frankly, no one gives a crap about your week-long seminars of “Wackyhutt Collectivist College” (or whatever you call it) somewhere on a lake in New York state. I have forgotten more in what I learned in major universities than what you ever learned in an accredited college (assuming you were ever enrolled in one).
So Chastises Jester.
