I've said all along that we should not have given up more outside of BK than we would have in BK. We should have rejected the concessions of 2003, as a friend told me "Better to go into BK fat than skinny".I'm confused. In the past didn't you say the Fleet deal was bad and they should turn it down? Well, then it seems with your argument it would have been better to go in with more money, holidays, SK time ect.
I don't understand the "two bites at the apple" analogy. Are you saying that they will not go after the Prefunding and Retiree Medical in BK? I don't think they need to piece meal their assault on the contract in that fashion. It seems like a ludicrous statement.
Two bites of the Apple. Heres one example, actually three bites.
In the TA that was rejected the proposal included terminating participation in the retiree medical plan for those under 50, this plan is prefunded per the agreement with a dollar for dollar match. In the companys offer those under 50 who wished to get coverage through the company had to not only give up 20 years of contributions from the company but also their after tax contributions for "credits". Those credits would likely go to zero value in BK as they are not held in a BK proof trust like the Prefunding is. So they get all the funds from those under 50, a few months later they approach the Union and say that they have to get the same deal from those over 50 or they will file BK. Now that they have split the membership in two,they get it so between the two pre-bk rounds they net over $100 million, (thats just M&R, more than double that if you factor in the whole TWU) but they still have the liability of providing medical benefits to retirees and have all these "credits" on their books, they then file BK, wipe out the credits and wipe out the Retiree medical for those who are retired, all they have to do is refund whats left of the retirees contributions remaining in the account. Not only would they wipe out millions in liability but they would net millions in income that would offset future withdrawls from the General fund to pay their benefit obligations.
Lets see what they go after. To me those two items (retiree and the DB Pension) represent a big paper liability for the company and wiping them out, even though it may not really affect the real performance of the company is just too tempting. It would make their numbers look great to Wall Street and help justify giving themselves huge bonuses when all this is done.