[blockquote]
----------------
On 1/20/2003 3:23:45 PM Bob Owens wrote:
OK,the court can impose interim changes. Interim implys temporary, not permanent and not six years. Since your rates of pay were changed you can strike. Where does it say that you cant? The whole basis of the RLA is the maintenance of status quo. Status quo has been violated, under the railway labor act the company has resorted to self help, so you are entitled to strike. Without this right there would be no reason for labor to consent to the conditions of the RLA.It is the RLA that restricts your right to strike not the BK court.
----------------
[/blockquote]
You know what? No matter how many references I give you, you're never going to be satisfied. The bottom line is you don't know what you are talking about.
Yes!! It's interim or temporary only. It is temporary until the Union and the Company come to a permanent consensual agreement. If the Union and the company don't come to an agreement then the Judge will decide whether or not to authorize a rejection of the collective bargaining agreement(contract).
10. What can happen to our Contract if United files for Chapter 11?
Under Section 1113 of the Bankruptcy Code, the debtor may ask the bankruptcy court for authority to reject labor Contracts, and it can thereby seek to modify any provision in a labor Contract, including scope.
The debtor must go through a negotiation and litigation process before it can obtain rejection of a labor Contract. First, a proposal must be provided to the relevant Union prior to the company’s filing the motion to reject in court. Among the statutory requirements, the proposal must provide only for “necessary†modifications that are “necessary†to permit reorganization and assure “fair†and “equitable†treatment of all parties. The company must also provide the Union with such relevant information as is necessary to evaluate the proposal. Then, within 2-3 weeks of filing this motion, during which negotiations take place, a full-scale bankruptcy court hearing is held where all interested parties can be heard. Negotiations often continue during the hearing. If no settlement is reached, the court’s decision on rejection of Contracts will be made within 40-51 days of the filing of the motion unless the debtor agrees to extend this period.
If the rejection of a labor Contract is approved, it leads to the debtor’s implementation of its last offer to the Union. The Union then has the right to strike.
Under Section 1113 (e) of the Bankruptcy Code, emergency short-term relief may be granted 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.
Since your rates of pay were changed you can strike. Where does it say that you cant?
Everything has to be followed in accordance of section 1113 of the bankruptcy code before anybody can strike. And only if their cba is rejected then they can strike. Why do you think no labor group is striking right now? Do you know more than the unions do? Look at my previous post above for Section 1113. Study it, learn it, live it because you might need it soon because American seems to be reeling on the edge of bankruptcy too.