Alpa Mec Code-a-phone Update

USA320Pilot

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ALPA MEC CODE-A-PHONE UPDATE - September 23, 2004

This is Jack Stephan with a US Airways MEC update for Thursday, September 23rd, with one new item.

US Airways President and CEO Bruce Lakefield announced yesterday that if US Airways and ALPA, the AFA, CWA, IAM and TWU do not immediately reach agreements on interim relief, US Airways will file a motion tomorrow, Friday, September 24, in bankruptcy court, for authority to implement immediate cost reductions, including pay cuts. The text of this message can be found on the pilots only home page under Transformation Plan/Bankruptcy Information.

Under Section 1113(e) of the Bankruptcy Code, a bankruptcy court may grant emergency interim relief from the terms of a labor agreement on an expedited basis without a full negotiating process, if the court finds that the relief is "essential" to the continuation of business or to avoid "irreparable harm" to the bankruptcy estate. ALPA plans to oppose this motion in court if an agreement is not reached before the hearing.

If US Airways files an 1113(e) motion with the court tomorrow, a hearing date must be scheduled. No changes to the contract will be made until after a hearing. Mr. Lakefield has stated that management will continue to seek agreements with each union prior to that hearing. If the court grants the 1113(e) motion, during the time that the short-term cost reductions are in effect, US Airways and ALPA can continue their Transformation Plan negotiations on longer-term relief. ALPA does not expect to enter into negotiations with management on its 1113(e) proposal for interim relief before the Company files its 1113(e) motion tomorrow. If interim relief is imposed by the court, the terms imposed do not dictate the terms of a long-term agreement with the Company.

The full details of the Company's 1113(e) proposal are available on the pilots only website under "Transformation Plan/Bankruptcy Information." It is imperative that all pilots read this information. This interim relief proposal includes pay cuts, pilot DC plan reductions, relief from minimum aircraft requirements, and pay cap changes.

The Company has previously indicated that it would seek 1113 relief if no consensual agreement was reached. Your MEC Officers are disappointed that an agreement was not reached with management outside of bankruptcy; however, the MEC yesterday passed a resolution that authorized the Negotiating Committee to proceed, unrestricted, with talks in a renewed effort to reach a TA. It is ALPA's goal to have the Negotiating Committee negotiate a comprehensive, consensual agreement that covers short-term and long-term relief without the need for 1113(e) interim relief or long-term 1113 relief.

The Negotiating Committee is currently meeting internally, and negotiations with management are expected to resume this weekend.

If a TA is reached, the MEC will review it, but any agreement will be subject to ratification by the US Airways pilots before it becomes effective.

Please remember we have 1,879 pilots on furlough.

Thank you for listening.
 
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ALPA's attorney's are now 100% certain that Judge Mitchell will grant every S.1113(e) motion in favor of the company.

When would now be a good time for every union to obtain a TA to limit their damage?

Regards,

USA320Pilot
 
USA320Pilot said:
ALPA's attorney's are now 100% certain that Judge Mitchell will grant every S.1113(e) motion in favor of the company.

When would now be a good time for every union to obtain a TA to limit their damage?

Regards,

USA320Pilot
[post="183618"][/post]​



I agree , this Corporate judge will give the company EVERYTHING it needs to avoid liquidation. It was quite interesting how he let the company touch the ASTB loan money right away to pay bills.....He must have seen the plan and knows after all the paycuts the company will survive ! Every move this judge has made has been in favor of UAIRQ management , All unions better cut their employees loses NOW or it will only get worse !
 
LGA / 037 said:
It was quite interesting how he let the company touch the ASTB loan money right away to pay bills...

Er, the ATSB was on-board with the company accessing part of the unrestricted cash collateral. I'd also imagine that the judge would be inclined to grant motions that are unopposed by creditors or other stakeholders, which I believe characterizes most, if not all, of the motions made so far by the company.
 
How can any judge, after granting the co. "carte blanche" last year with the copany's new business plan then, accept this same managment's word with a "new transforamtion boloney plan"?

The only plan this company has presented is drastic, severe, punitive labor reductions. Our CASMs are 4.1. The company proposed before emerging from bk that they needed labor to be at 4.2.

What judge in their right mind will allow such a mangment another opportunity without gruel questioning and proof of a solid plan outside labor?

ALPA lawyers just don't have the "know how" to argue such a case so they promote capitualtion.

Our AFA legal team io preparing and we have also outside counsel.

No one at AFA is flipping out like these ALPA posters and their ALPA legal dept.

You guys need to clean some serious "house".
 
Sounds like somebody's nervous.

What were those warnings about letting things fall into the hands of a federal judge.

I think you're about to find out.

Quite sad, really.
 
So let me get this straight..... The company will ask for relief tomorrow. They Judge then can set a hearing date. No cuts can occur until after that hearing right?
Then the cuts can occur up until a TA or for how long until we can impose self help??
 
As to a work slow down - - part of what the company will ask for is relief from "contractual language" preventing outsourcing. This will then allow them to contract with any outside company (even a wholly owned) to take over functional operations.
 
Believe me -- a work slow-down would be the quickest way to have this filing go from a Chapter 11 to a Chapter 7....
 
Why on earth would you even think of a work slowdown? Has reality not sunk in yet? That can be the only explanation if that's what you think you should do.
 
PITbull said:
How can any judge, after granting the co. "carte blanche" last year with the copany's new business plan then, accept this same managment's word with a "new transforamtion boloney plan"?

The judge can because it's his job to make sure the creditors get as much as he possibly can. As for the lawyer angle where was AFA during the first bk? The fact is you've all been outmanuevered yet again and it will continue as far as the eye can see.
 
Gee Pit "Bring on the BK" Bull... You do not seem so enamored of the BK process anymore. <_<

Your misplaced hope in judicial salvation seems to have also wavered a bit as well. Now you are pinning your hopes upon AFA's attorneys...?

Ok :rolleyes:


Anyways, Good Luck!
 

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