Frank Szabo
Veteran
Since the International and its lawyers no longer answer my questions;
1. So if the LBO is not to be considered as to whether a Contract is to be rejected or not then if the initial filing is so out of line as to not meet the standards for abrogation then an "improved version" can not be submitted to justify termination correct? In other words if the company asked for too much, such as in our case being allowed to extract funds that we are entitled to from a Trust, they could not change it later, the decision would be based on what they originally filed and could be grounds for rejecting the debtors motion, correct? The ruling was an admonishment against debtors reaching for too much because they are only supposed to ask for what is necessary. How is taking funds that were specifically put outside the company, in order to protect workers, necissary for AA's business plan?
2. What was left out is that we can strike if we exhaust the sect 6 process and we are not hit with a PEB. We were already at that point, set to ask for a release on November 30th. The BK process and RLA are seperate. We would need to submit our request for release immediately and make our case to the NMB, how could the NMB comply with the intent of the RLA and deny our request after as much as 6 years of negotiations, failed TAs, BK filings, and failed Pre-1113 negotiations? More than likely after the 30 days we would be hit with a PEB, where, thanks to the companys own testimony, the union could argue that the company can afford to bring us up to industry standards because it would not cost them $1.75 billion to do so.
3. Amtrack is a complicated story, they did not push that hard for release because even though they were in negotiations they continued to get COLA raises, which were part of their old agreements, and AMTRACK got FULL RETRO.
So No, the Internationals lawyers wont lie to you, they just dont tell you everything. I am not offended by the fact that they do what they do, after all I'm not paying them, the International is. They are not paid to give us the whole story so we can make an informed decision. On that we are on our own.
Bob:
Is my memory playing tricks on me or do I recall part of the law that reads any contract imposed can't be punitive in nature?
"If you don't vote for the agreement, we'll impose a harsher contract" sounds very punitive to me - or is this not about law anymore?