Machinists Union Update

[700UW]

November 12, 2004

US Airways Files 1113© and 1114 Motions

Dear Sisters and Brothers,

US Airways today filed in US bankruptcy court its section 1113© asking the court to abrogate its labor agreements and an 1114 motion modify retiree benefits.

Today’s filing sets in motion a process defined by bankruptcy law that calls for continued discussions between the IAM and US Airways. It also established a timeline for those discussions to take place. During this time, the contract remains in effect and unchanged except for the temporary modifications previously ordered by the court, which remain in place until February 15, 2005.

IAM representatives and attorneys will remain engaged at every step of the process in an effort to reach a consensual agreement that respects our members’ sacrifices and dedication to the future of this airline.

By law, a hearing on the 1113© petition is to be held within fourteen days from the date of the filing of the application. However, the court may extend the time for the commencement of such hearing for a period not exceeding seven days.

The court is required to rule on the application for rejection within thirty days after the date of the commencement of the hearing. However, the court may extend the time for making a ruling for an additional period as the company and the Union may agree to. If the court does not rule on the application within thirty days after the date of the commencement of the hearing, or within such additional time as the company and union may agree to, the company may terminate or alter any provisions of the collective bargaining agreement pending the ruling of the court.

In 1113© applications, the judge has only two options when making a ruling; reject the company’s application and leave the labor contract intact, or approve the application and terminate the labor agreement entirely. If the judge elects to abrogate the agreement, US Airways would then be free to impose wages, work rules and benefits as they see fit. The judge cannot impose permanent contract terms on the parties.

Our 1114 committees are also continuing discussions with US Airways to resolve retiree benefit issues.

We will advise of any new developments as they occur.

Sincerely and fraternally,
William O'Driscoll
PRESIDENT-DIRECTING
GENERAL CHAIRMAN
District Lodge #142

Randy Canale
PRESIDENT-DIRECTING
GENERAL CHAIRMAN
District Lodge #141

 

[usairways_vote_NO]

And why does the IAM not mention their options should the company get court approval to abrogate the contract and then decide to impose wages, work rules and benefits as they see fit?

 

[USA320Pilot]

Usairways_vote_NO:

Usairways_vote_NO asked: "And why does the IAM not mention their options should the company get court approval to abrogate the contract and then impose wages, work rules and benefits as they see fit?"

USA320Pilot comments: The IAM information is accurate and echoes what ALPA's attorney's have said. In addition, ALPA bankruptyc counsel Richard Seltser has told the MEC that without a consensual agreement the contract would be torn up, the judge has great latititude, and the judge can and will likely prevent self help. That's the only way to save the coporation and the creditor's investment. I suspect the IAM's attorney's are advising hte union the same thing.

Regards,

USA320Pilot

 

[700UW]

How many times do I have to tell you the samething?

Your posts are full of misinformation!

The court cannot prevent a strike, you are no longer covered under a CBA.

You have been told this numerous times. Sharon Levine Esquire, has informed the IAM the they are free to strike.

Like I have told you time and time again, no contract, you are an employee at will and no judge can force someone to work who is not covered under a CBA.

Go read the Constitution, Slavery was abolished in the 1800's.

 

[usairways_vote_NO]

No Mr. USA320Pilot I did not say. I asked. And I did not question any informantion that the IAM put out. I questioned what was left out. So why don't you stop putting words in my mouth and keep your brown nose where it belongs in your Alpa bend over contract. You are not even on the list of last on earth I would ask any advice from concerning the IAM or anything else including your own union or how to open a door or how to put socks on.

 

[USA320Pilot]

Slavery is being forced to do something. Who is forcing any employee to work at US Airways?

It's my understanding the IAM is ready to deal and they are apparently softening up their members. It's all about dues...

Regards,

USA320Pilot

 

[700UW]

Wrong again there, were you in CCY this week?

Did not see you there nor in any of the conference rooms.

 

[700UW]

From the Fleet Service at US Airways District 141

November 4, 2004

US Airways 1113©/1114 Discussions Underway


Dear Sisters and Brothers,

The initial meeting between the District 141 1113© Committee and US Airways to discuss the carrier’s proposal for Fleet Service Employees took place on November 3, 2004 at the airline’s Arlington, VA headquarters.

The company presented an overview of its business plans and tried to substantiate its 1113© proposal. The District 141 1113© Committee is scheduled to meet with US Airways again the week of November 8, 2004.

The District 141 1113© Committee is comprised of Assistant General Chair (AGC) Bill Chandlee; AGC Pat Flynn; Vice President Tony Armideo; Local Chairman Mark Wingard (PIT); Local Chairman Jeff Rusk (CLT); Local Chairman Bob Boland (PHL); Local Chairman Steve Miller (BOS) and Local Chairman Nate Gushi (LAX).

US Airways also presented District 141 with its Section 1114 proposal, named after the section of bankruptcy law that allows a company to modify retiree insurance benefits. The company’s proposal is attached, and 1114 discussions will be held independently of 1113© discussions.

 

[mrfish3726]

USA320 is worried that you mechanics are going to put him out of a job! If they abrogate the contract I do hope you guys seek self help and walk. The company from the sounds of it really doesn't want or needs a maintenance department anyway. But it will break their back, I wouldn't vote YES on anything that would cut my job. Hell these guys would spend a dime on maintenance if they didn't have to.

I wonder if USA320 would have done the same if his job was at stake? Hey the airline industry thinks that they can survive on 3rd party maintenance then LET THEM. We have many skills that can go to other industries, unlike being only a pilot. The FAA will wake up one day when they start seeing lawn darts falling out of the sky.

 

[Tim Nelson]

No Mr. USA320Pilot I did not say. I asked. And I did not question any informantion that the IAM put out. I questioned what was left out. So why don't you stop putting words in my mouth and keep your brown nose where it belongs in your Alpa bend over contract. You are not even on the list of last on earth I would ask any advice from concerning the IAM or anything else including your own union or how to open a door or how to put socks on.

[post="200210"][/post]​

USA320pilot spoke certain missives. 700's info is highly accurate.
At any rate, strike talk is highly premature and given the risk of losing dues, I doubt if the banged up IAM INTL would want to close up this shop even if the members do.

regards,

 

[lindy]

700..

Vote No asks a legitimate question: Why was the right to self help not addressed specifically in the letter sent to the membership? If Ms. Levine is so correct in her assessment, should that not have been included, by the union leadership to their members, as to what options they may/will have?

Lindy

 

[USA320Pilot]

Tim:

Please explain certain missives? Did the IAM-FSA and IAM-M not meet with the company this week? Did each portion of the union appoint a NC? Are negotiations occuring?

Regards,

USA320Pilot

 

[700UW]

Hey 320, you been busted:

US Airways Motion to Support 1113c

From US Airways Section 1113 Court Filings:

During this period, IAM has attempted to inundate US Airways with data
requests, but US Airways has responded as expeditiously as possible, and, to date, has provided IAM with volumes of financial and operational data. Despite spending several days at the bargaining table, and receiving the reams of financial and operational data they requested from the Debtors, the IAM groups have yet to make any counter to the Debtors’ Section 1113 or Section 1114 Proposals, nor, as of the date of filing this Application, has IAM made any commitment to ever provide the Debtors with any counterproposal. In reality, with its initial delays, unwarranted numbers of data requests and failure to provide a single counterproposal, IAM has done nothing more than position itself for a Section 1113 hearing and has failed to engage in meaningful discussions at this critical time.

Hmm, guess you are proven to be wrong once again!

 

[700UW]

Lindy,

You will have to ask the William O'Driscoll and Randy Canale that question, and I believe it is due to legal ramifications if the hearing it so procede.

 

[Rico]

I do not get your point 700,

A320 sez the IAM is in talks with the company, which they are. He did not say that the IAM has put forth a counter-proposalm, which they have not.

You might want to be a little less cocky about this, as to me, the IAM not putting something on paper, for people like yourself to read (despite the fact that you are so in the know). IMO that means that they prefer to remain private about what they ARE talking about with the company.

If I were Utility, I would not stand so close to the curb with that oncoming City bus heading this way...

National Unions never change mi amigo...