Judge Assisted Agreement Negotiations

[olderguyAMT]

J Little:
"Beginning next week, we will enter into 1113 litigation settlement mediation with the company. Judge Sean Lane in an unprecedented move enrolled the assistance of another federal bankruptcy judge, James M. Peck. This court assisted process will be for both our members who rejected the company’s offers so we can try to obtain for them an equitable and ratifiable contract, and for the units that voted “yes,” in order to enforce their “me too” clauses."

What will this setup look like? Will it include TWU attourneys and the union negotiating team? Will there finally be bargaining in good faith?

 

[Buck]

Is settlement mediation a form of negotiations?

 

[olderguyAMT]

Is settlement mediation a form of negotiations?

___________________

Buck,
That question could be answered by an observer to the conversation, or by one who has access to the transcripts,because I cannot answer. Will judge Peck be acting as a coach or a referee? How will he motivate to produce results? Will he use a cattle prod, or just offer a nice cold glass of iced tea with some chocolate cake? Ok there is a deadline at the end of the week, and stalemate is not an option. Will he be impartial and neutral, giving Father Knows Best type of advice? OK, assume he is on the side of the co. Will there be lots of side-bar scolding and gutteral growling to intimidate a subordinate, in order to impose the company's old rusty iron will on the measly downtrodden peasant workers at the bottom of their pay-scale that don't know about COLA ; cost of living allowance; not a small teddy bear like creature living in Austrailia just to eat Eucalyptus tree leaves? OK, I am in the rabbit hole of confusion, so paint a picture for me! will you do a Vincent Van Gogh, or a Pablo Picasso?

 

[Birdman]

I have seen no evidence from Judge Peck's past to indicate he has any experience mediating labor issues. I realize we are not in section 6 negotiations, but wouldn't the NMB be a more appropriate party to be involved considering the claimed to still have a roll in the settlement process after BK was filed?

 

[BoeingBoy]

Is settlement mediation a form of negotiations?

Mediation is nothing more than assisted negotiations, with the mediator helping the sides reach agreement. The only technical difference in this case is that a Judge is acting as mediator while in normal section 6 negotiations a NMB mediator fills the role. However, I wouldn't be surprised if the Judge mediating keeps Judge Lane up to date on the status of negotiations and may develop an opinion of which side is not trying as hard and also report that to Judge Lane.

Jim

 

[chris perry]

Trust me the Judge has been around the block a time or two.Most do or have done mediation.If it's came down to this
there is certainly more to the story than we have heard.This is a classic case of who controls the money will most likely prevail.
It don't make it right ,but reality.

 

[Buck]

I was referring to the settlement proposal we just voted on.

Since the TWU is not being forthcoming with information, I assumed that settlement mediation was the next step in the process, but before the judge ruled.

 

[olderguyAMT]

Mediation is nothing more than assisted negotiations, with the mediator helping the sides reach agreement. The only technical difference in this case is that a Judge is acting as mediator while in normal section 6 negotiations a NMB mediator fills the role. However, I wouldn't be surprised if the Judge mediating keeps Judge Lane up to date on the status of negotiations and may develop an opinion of which side is not trying as hard and also report that to Judge Lane.

Jim

Mediation is nothing more than assisted negotiations, with the mediator helping the sides reach agreement. The only technical difference in this case is that a Judge is acting as mediator while in normal section 6 negotiations a NMB mediator fills the role.
Jim

Perhaps Judge Peck do a better job in these sessions compared to NMB mediator; but will he really be neutral?? When a judge barks out a command, all attourneys will stand at attention and comply with his majesty's wishes. How could any judge really remain neutral in this situation?

Now I have a better understanding of the participants. Judge. Lawyers from both sides. Representatives from both sides, and negotiating team from both sides. Now go get 'er done, all in a short time frame, to hammer out a deal with all 3 unions! Hmmmmm.. The judge should demand that all revelant smoke-blowing bean-counters be in attendance to explain those fuzzy numbers, right along with the Master Wizzards of the failed stand-alone planning. and, I shouldn't forget all the greedy "masterminds" who stand to gain millions in bonuses and newly issued stock options.

 

[mwa]

personally, I think the delegation of this task will relieve the court of a great deal of criticism and will allow judge Lane to ojectivize the ruling.
Peck has no real power but his notes regarding the posturing of the parties will greatly affect the final ruling.

 

[olderguyAMT]

personally, I think the delegation of this task will relieve the court of a great deal of criticism and will allow judge Lane to ojectivize the ruling.
Peck has no real power but his notes regarding the posturing of the parties will greatly affect the final ruling.

Here is an analogy.....
Just compare the company's negotiation tactics to a duck, waddling, paddling,quacking, and looking like the typical duck. Now with the beginning of judge assisted negotiations, the duck cannot change his appearance or actions, and will remain the same, with the same waddling, paddling, and quacking 'til the sun goes down! The outcome is predictable.

 

[NYer]

Going by Judge Lane's remarks. I think Judge Peck is there to keep the parties talking about today and not 2003 or keep comparisons of market value's out of the mix. The numbers we need to meet is the number, and Judge Peck will be there to make sure. 1. the parties talk about how to fit the pieces with in that number and 2. Make sure there is another set of eyes for any appeals that may come down the line once the Judge Lane rejects the contracts. This is NOT good for us.

 

[Bob Owens]

I have seen no evidence from Judge Peck's past to indicate he has any experience mediating labor issues. I realize we are not in section 6 negotiations, but wouldn't the NMB be a more appropriate party to be involved considering the claimed to still have a roll in the settlement process after BK was filed?

Under Sect 1167 of the code thats supposed to be the way it works for those under the RLA.

 

[olderguyAMT]

Going by Judge Lane's remarks. I think Judge Peck is there to keep the parties talking about today and not 2003 or keep comparisons of market value's out of the mix. The numbers we need to meet is the number, and Judge Peck will be there to make sure. 1. the parties talk about how to fit the pieces with in that number and 2. Make sure there is another set of eyes for any appeals that may come down the line once the Judge Lane rejects the contracts. This is NOT good for us.

But, those are all fruzzy numbers invented by delinquent bean-counters, as pointed out by union counsel.

You make Judge Peck to be some kind of dictator enforcer. However, I don't think he will remain quiet, or that he will preside over any appeals courtroom.

 

[Flying low]

But, those are all fruzzy numbers invented by delinquent bean-counters, as pointed out by union counsel.

You make Judge Peck to be some kind of dictator enforcer. However, I don't think he will remain quiet, or that he will preside over any appeals courtroom.

Or like someone else mentioned, he will report the Judge Lane which side really wants to talk.

 

[AA-MRO.COM]

JUST TELL THE JUDGE AND AA

BINDING ARBITRATION

If the judge doesnt want to decide let an arbitrator do it. Three years of negotiating enough of the BS

This process is ridiculous.