Wrong, wrong, and wrong. The company has one pass by which to make changes.
Once approved, the company can only work within the language they have, just as they do today. If they seek 60% outsourcing but only do 30%, yeah, they can do that. But they can't wake up a month later and decide 70% is the new goal.
Of course, if there's a loophole to be exploited, they can do that, just like they could do with any contract.
Four months into the process, the ignorance expressed by some on what bankruptcy means to you guys is inexcusable.
If the company concurs that the BFO is still a valid TA, and it is approved, the company could accept that in lieu of the term sheet. Failing that, the term sheet is what they seek to impose.
Term sheet is your worst case, a consensual agreement is always your best case, even if it isn't the best you could do. And no, there probably won't be retro or restoration.
Well one big problem and thats its not a consenual agreement. Is it?
The company filed to abrogate the CBA"s under section 1113(c) with the
courts on March 27, 2012.
Attached to the section 1113(c) filing was AA's 1113(c) ask.
AA 1113(c) Process
The Union has been negotiating with the company since February of 2012.
The goal is to come to a consensual agreement (Tentative Agreement)
If a tentative agreement can be reached, the membership will vote on it. If a
tentative agreement cannot be reached the membership will then vote on
AA's last best offer.
If T/A is not reached AA will make their Last Best Offer
AA - Last Best Offer may contain T/A'd articles and also part of AA 1113(c)
Terms
YES / NO
April 23, 2012, AA goes to court to put on the case of CBA Elimination.
Two weeks after the close of AA's trial presentations the Unions will put on
the case to maintain the current CBA. If either the LBO or the TA is voted :
YES, then the court can approve the voted on agreement
NO, then the judge rules on AA's 1113 motion to abrogate (terminate) the
CBA.
The judge will make final determination to terminate the contract
or continue to talk it out and start at the top again
The judge's concern is for AA to successfully emerge from bankruptcy.
Court rules on
approval of T/A
or last best
offer
If the CBA is rejected, section 6 openers will begin.
Starting times for these will be determined at that time