Posted: Feb 21 2003, 05:06 AM
a320
LavMan, I should be in the court-room, but today I have an important event at school with my kids, which I was asked by my son not to miss. I am disappointed I am not in the court- room because I wish I could be there with my colleagues.
Johnny, the issue is the company does not have the unilateral right to abrogate a CBA. Furthermore, ALPA is being asked to shoulder a disproportionate amount of the financial burden. The pilot group has taken three cuts to fund its pension, whereas the other employee groups have taken just one.
Now the airline wants the pilots to take a fourth cut and the MEC is in total support, by a 12-0 margin, this will not happen.
I am receiving current reports from the hearing the company's formal response to ALPA's objections are being heard in the courthouse as I write this post.
The company is stating that it has no intention of abrogating any portion of the pilot CBA, rather it's acting in good faith per the December 13 LOA ratified by the MEC.
It appears to me that the company is hanging its entire case on the LOA that they claim states ALPA agreed to the DB plan termination and subsequently agreed to negotiate a replacement DC plan.
This did not happen and ALPA has a compelling argument, the company is currently not seeking to argue.
The Decmeber 13 letter is an agreement to a process should the PBGC or IRS terminate our plan. That has not happened; therefore, the letter is rendered moot.
The letter did not state what the plan would contain, nor did it state that ALPA had agreed to a follow on plan.
At today's hearing he company just said they have no intention of invoking any provisions of S.1113 and it appears ALPA may win its argument in court.
This will be very interesting to see how this pays out.
Usfliboi, management reads this message board and I will not publicly discuss our strategy, but I am encouraged.
a320