Douglas Baird, a law professor and bankruptcy expert at the University of Chicago, said Northwest is trying to have the best of both the bankruptcy code and the Railway Labor Act. He said the airline is essentially arguing that bankruptcy law lets them impose a new contract, and airline labor law forces employees to accept it.
"It's silly. Basically, we live in a country where you can't be made to work for somebody under terms and conditions you didn't agree to," he said. "That's why it's a free country."
"When you hear Northwest tell you that flight attendants have no right to strike, be very skeptical."
Isnt that what I've been saying for the last three years?
I agree that a BK Judge could screw you over for monies owed to you from the past from a bankrupt company, but a Judge does not have the right to force you to continue to do business with a company in the future under unfavorable terms. He can change a contract, but that gives you the right to reject it.
If anything, labor is given higher legal status as property than something such as oil. If the judge could force workers to work under terms they never agreed to, in other words confiscate the property of every worker and give it to a mismanaged company, then he could most certainly confiscate the oil of Exxon Mobil and give it to the airlines. Thats not happening is it? Its not happening because there is no legal basis that gives a judge the right to do that.