As we keep hearning about BK I have to ask "what exactly do you think will happen to us?" Here is what I've heard;
1. "We will lose our pension."
Wrong, our pensions are insured by the PBGC, as long as you fall below the max, and the pilots are pretty much the only major group of workers that dont, you will get your pension. It may be frozen and your pension would be based on what you earned up to that point but you wont lose anything. Our peers at other carriers did not Lose their pensions, their pensions were frozen and in nearly all cases an alternative DC pension was put in place. Companies do this not so much to save money, because as AA admitted switching would actually cost them more now, but because ever since the 90s the companies had to carry the liabilities for pensions and other benefits on their books which made the companies look less profitable. With DC plans they are paid as they go so no liability is carried.
People who fall above the PBGC maxes would be impacted to a greater degree, but most us us do not fit into that category.
2 "We will lose retiree Medical"
We stand to make out better in BK than we would by agreeing to what Fleet has in the TA and the company has in their proposals for other groups. In BK the company does not get a hold of any of that money, it stays in our accounts, if we agree to their proposal we are agreeing to terminate our participation in the plan and those funds revert to the company which would save them from having to draw funds from their general funds to pay their obligations.
3 We would lose Overhaul.
Well, the company has never ever proposed that so why would they go for it in BK? Where would they send all that work anyway? After 25 years at AA one thing I know is that if AA wants something the TWU will generally do whatever they can to give it to them. Prefunding is one example. Obviously AA has no desire to get rid of its OH facilities, in fact they obtained more space for overhaul (DWH) a short time ago. They were not contractually bound to do so and they currently have nearly 2000 workers without system protection.
4 The company could impose whatever it wanted in BK.
The courts can not impose a new contract, they can allow the company to impose new terms and negotiations continue under the RLA but the question remains as to whether we can resort to self help. The question has never been brought to the top. The Flight Attendants went as high as the appelate court but then settled on a contract and did not challenge the decision in the Supreme Court.
First off there is no guarantee that the judge would agree to abrogate. The company would have to prove that the terms of our contract are onerous. Well our wages and working conditions are nowhere near industry leading and they would have to say which parts of the contract are onerous. At that point the question would be if they were so onerous how come they did not ask for those changes in four years of negotiations? At this point, assuming the TWU puts up resistance, what would their arguement be? Our wages are well below what they were in 2003 and the company has seen a dramatic increase in revenues, they would have to explain what they did with all those extra revenues and why they did what they did and all those arguements would be for public comsumption. The company would expose themselves in BK. Even if the judge did rule in favor, and with the political climate in flux as evidenced by movements such a OWS we would likely get more support from the public than we would have a few years back, Judges may be more hesitant to impose an injunction barring us from self help when the RLA clearly says we can engage in self help under those conditions if they thought the ruling would be used by the those movements as proof of government complicity in the corporate conspiracy to crush working peoples rights and movements and workers were camped out on the "courthouse steps". (Its a short walk from Zucotti Park to the Bankruptcy Court) If anything, now is the time, we recently saw the working class backlash in Ohio where the people overruled the politicians, do you think they want more of that?
1. "We will lose our pension."
Wrong, our pensions are insured by the PBGC, as long as you fall below the max, and the pilots are pretty much the only major group of workers that dont, you will get your pension. It may be frozen and your pension would be based on what you earned up to that point but you wont lose anything. Our peers at other carriers did not Lose their pensions, their pensions were frozen and in nearly all cases an alternative DC pension was put in place. Companies do this not so much to save money, because as AA admitted switching would actually cost them more now, but because ever since the 90s the companies had to carry the liabilities for pensions and other benefits on their books which made the companies look less profitable. With DC plans they are paid as they go so no liability is carried.
People who fall above the PBGC maxes would be impacted to a greater degree, but most us us do not fit into that category.
2 "We will lose retiree Medical"
We stand to make out better in BK than we would by agreeing to what Fleet has in the TA and the company has in their proposals for other groups. In BK the company does not get a hold of any of that money, it stays in our accounts, if we agree to their proposal we are agreeing to terminate our participation in the plan and those funds revert to the company which would save them from having to draw funds from their general funds to pay their obligations.
3 We would lose Overhaul.
Well, the company has never ever proposed that so why would they go for it in BK? Where would they send all that work anyway? After 25 years at AA one thing I know is that if AA wants something the TWU will generally do whatever they can to give it to them. Prefunding is one example. Obviously AA has no desire to get rid of its OH facilities, in fact they obtained more space for overhaul (DWH) a short time ago. They were not contractually bound to do so and they currently have nearly 2000 workers without system protection.
4 The company could impose whatever it wanted in BK.
The courts can not impose a new contract, they can allow the company to impose new terms and negotiations continue under the RLA but the question remains as to whether we can resort to self help. The question has never been brought to the top. The Flight Attendants went as high as the appelate court but then settled on a contract and did not challenge the decision in the Supreme Court.
First off there is no guarantee that the judge would agree to abrogate. The company would have to prove that the terms of our contract are onerous. Well our wages and working conditions are nowhere near industry leading and they would have to say which parts of the contract are onerous. At that point the question would be if they were so onerous how come they did not ask for those changes in four years of negotiations? At this point, assuming the TWU puts up resistance, what would their arguement be? Our wages are well below what they were in 2003 and the company has seen a dramatic increase in revenues, they would have to explain what they did with all those extra revenues and why they did what they did and all those arguements would be for public comsumption. The company would expose themselves in BK. Even if the judge did rule in favor, and with the political climate in flux as evidenced by movements such a OWS we would likely get more support from the public than we would have a few years back, Judges may be more hesitant to impose an injunction barring us from self help when the RLA clearly says we can engage in self help under those conditions if they thought the ruling would be used by the those movements as proof of government complicity in the corporate conspiracy to crush working peoples rights and movements and workers were camped out on the "courthouse steps". (Its a short walk from Zucotti Park to the Bankruptcy Court) If anything, now is the time, we recently saw the working class backlash in Ohio where the people overruled the politicians, do you think they want more of that?