Couldn't be more clear than that. When a labor contract is rejected under 1113, the RLA forbids an immediate strike. At least in the Second Circuit, where AA's bankruptcy case is happening.
a little misleading, the decision said that we must go to section 6 procedures, well we were already there, for several years, what excuse would the NMB put forward after four years of talks,abrogation under bk , imposition of new terms as a reason to hope that a delay may produce a contract?
If we were in that position I feel that we would really be morally justified to resort to what the courts may consider to be illegal job actions. When judges cherry pick parts of laws to strip workers of their rights we must fight back. In this case airline workers are subject to a disadvantage that no other workers face, rail union contracts can not be voided, workers under the NLRA are free to strike upon abrogation and government workers usually automatically go to arbitration. They have crafted an injustice so I would have no problem telling the courts to go pound salt and shut the place down. So they put me in jail, then they get to feed me and my family. Under such conditions there can be no future in this industry anyway.
Maybe it could be a wake up call for labor, we saw how civil disobedience worked in Egypt and Libya , even China started raising workers wages because they were concerned about labor unrest. Things will only get worse if we follow rules that are rigged.
I don't recall if you ever answered my question on your opinion of the ruling other than to say "it is what it is". I'm not a lawyer but those whom Ive spoken to, who are on the other side, indicate that they think it was a very flawed ruling, in fact wasn't there dissent on the ruling? Sure he could abrogate an airline contract, but can he really declare it annulled, which is pretty much what he said, "as if it never existed",when the company wasnt claiming that the contract was put in place under false pretenses?
You and I have gone back and forth over labor costs for many years now, AA has gone on record as saying that they have an $800 million dollar cost disadvantage, which we have debated, yet in BK they say they need $1. 25 billion in savings from labor. Well if the disadvantage is $800 million how is it they need $1.25 billion from labor?
The recent flip flop on terminating he pensions has me thinking that the company did not want to take on the PBGC. AA could have put the program in deep trouble and the program has the backing of the government, if AA had gotten away with sinking the PBGC then started posting record profits there's a chance that the whole C-11 scam could come under public scrutiny. Just as proponents of bk reform for people were able to rewrite the law to stop individual scammers such a scandal could endanger the scam for other corporations who may really need it down the road.