USFlyer said:
Well, first, the Company probably wouldn't agree to anything that did not include outsourcing heavy maintenance. Second, the judge will not dictate the terms of the contract; all he can do is throw the existing one out if the Company meets certain criteria. You can be damn well certain the Company will have met those criteria if they choose to reenter Chapter 11. A legal type (ITRADE?) can better explain what the judge's options are should the Company & IAM get to this point.
Well, first, the membership probably wouldn't agree to anything that included outsourcing heavy maintenance.
Second, I agree all he can do is throw it out in which case IAM can seek selfhelp. I know full well the process involved. The company must meet these 9 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.