Us Airways Chief Turns Up The Heat

[Doc]

Well if am wrong then the labor bankruptcy attorney Sharon Levine, who handled the TWA, Hawaiian, US Airways and United for the the IAM is the one who you should say is wrong, and I believe she knows more then you or I in the matter, because she is the one who gave me the information.

To this date, no company that has had an 1113 letter negotiated has ever asked the court to abrogate it.

Companies that request abrogation of the labor agreement but it must meet the following nine (9) distinct requirements:

1. The debtor in possession must have made a proposal to the union.
2. The proposal must be based upon the most complete and reliable information available at the time of the proposal.
3. The modification must be necessary to permit reorganization.
4. The modification must provide that all affected parties be treated fairly and equitably.
5. The debtor must provide the union with such relevant information as is necessary to evaluate the proposal.
6. The debtor must have met with the collective bargaining representative at the reasonable times subsequent to making the proposal.
7. The debtor must have negotiated with the union concerning the proposal in good faith.
8. The union must have refused to accept the proposal with good cause.
9. The balance of the equities must clearly favor rejection of the agreement.

Levine also noted that bankruptcy is not the preferred course for your contract.

Her presentation was excellent and the IAM has someone knowledgeable keep an eye on our interests, and I personally want to thank her for her time.

What I read is that company has to be reasonable in there request, I won’t even answer that statement. She also goes on and says BK is not the preferred course for a union contract but under our circumstances why does she add that. I thought she was just explaining the workings of BK not giving advice.

Can you honestly say that this company has met all of these requirements; I say they haven’t and I think they know they haven’t. I don’t think a judge would look at all the facts and abrogate a 1113 letter and slash wages to 45% of their pay knowing all the facts.



To this date, no company that has had an 1113 letter negotiated has ever asked the court to abrogate it.



Companies that request abrogation of the labor agreement but it must meet the following nine (9) distinct requirements:

1. The debtor in possession must have made a proposal to the union.
2. The proposal must be based upon the most complete and reliable information available at the time of the proposal.
3. The modification must be necessary to permit reorganization.
4. The modification must provide that all affected parties be treated fairly and equitably.
5. The debtor must provide the union with such relevant information as is necessary to evaluate the proposal.
6. The debtor must have met with the collective bargaining representative at the reasonable times subsequent to making the proposal.
7. The debtor must have negotiated with the union concerning the proposal in good faith.
8. The union must have refused to accept the proposal with good cause.
9. The balance of the equities must clearly favor rejection of the agreement.

 

[700UW]

Those requirements are to be met AFTER the company files a 1113/1114 motion NOT BEFORE!

 

[USA320Pilot]

SmatestLoser:

SmartestLoser said; "Exactly, anyone that has been in a court room knows it can’t go your way all the time…!! The unions have a much better case this time than last in making arguments about keeping their contracts."

USA320Pilot said: I understand from a union bankruptcy council that if an S.1113/S.1114 motion is filed, the court is likely to order whatever the company asks. Therefore, any union who takes that risk is subject to a much worse contract and in today's environment it's possible to see the entire workforce outsourced.

If a contract is ordered, the union is free to strike and the company is free to use replacement workers and/or outsource the functions.

However, what if US Airways does not bring its CASM down across-the-board to LCC levels then what? The company will continue to lose money and everybody will lose their job with no pay, no benefits, no retirement, and no pass privileges. Even potential furlouhgees lose more with no severance pay, no COBRA, no pass privileges, no J4J, and no recall rights.

Employees in Pittsburgh and Charlotte will have thousands of workers competing for a few jobs in the area and it will be a very difficult situation.

Do I like what we face? Absolutely not, but every employee on this property is better served by the company continuing to operate than going out of business.

The AFA and CWA seem to understand this since they have elected to begin formal negotiations with the company, especially with the news the company could default on AFA and IAM pension payments in September.

It’s up to every union what they want to do, but ALPA certainly understands the risks of bankruptcy and although it’s possible the judge could rule in a company’s favor, it’s doubtful the judge would pay above market pay and benefits for a failed company. He most certainly is going to try and make the company successful, which would be to match pay and benefits with those companies who make money, thus we all are in the same boat of likely obtaining an LCC type of contract or unemployment.

Respectfully,

USA320Pilot

 

[cavalier]

Since this guy is allowed to continue unabated ranting that we all MUST and all the reasons why then it's only fair and goes that I too should be allowed to have my say about further concessions, so here we go:


KISS MY HUNKY BEHIND!!

 

[700UW]

a320

Let each union choose their path and THEIR members decide, not you on your same mantra you been posting for years.

Oh by the way it is like 6 months, still waiting for your "Painful" clause you say the IAM mechanic and related contract states?

Main Entry: cred·i·bil·i·ty
Pronunciation: "kre-d&-'bi-l&-tE
Function: noun
Date: 1594
1 : the quality or power of inspiring belief <an account lacking in credibility>
2 : capacity for belief <strains her reader's credibility —Times Literary Supplement>

 

[cavalier]

And one for good measure, mimic the captain as he does CONSTANTLY:




KISS MY HUNKY BEHIND!!

 

[USA320Pilot]

I do not like this anymore than anybody else, but when all of the other contracts are in place then as I have said before the company can implement its painful IAM plan. Does the company want to go to war with the IAM?

No they do not, but if the IAM is not willing to participate in the new business plan to deliver cost effective maintenance -- management believes they have no choice. Again, it's up to the IAM on whether or not they want to negotiate, but the risks are simple.

Respectfully,

USA320Pilot

 

[Smartest Loser]

USA320Pilot said: I understand from a union bankruptcy council that if an S.1113/S.1114 motion is filed, the court is likely to order whatever the company asks.

Your whole opinion is based this statement…!!!

While your at it, can you give me South Carolinas lotto numbers for Saturday Night..??

SL

 

[700UW]

700UW & Cav:

I do not like this anymore than you do, but when all of the other contracts are in place then as I have said before the company can implement its painful IAM plan. Does the company want to go to war with the IAM?

No they do not, but if the IAM is not willing to participate in the new business plan to deliver cost effective maintenance management believes they have no choice. Again, it's up to the IAM on whether or not they want to negotiate, but the risks are simple.

Respectfully,

USA320Pilot

Where have you been? They all ready declared war and fired the first shots!

Airbus
Deicing
GSE
And numerous others.

The plain and simple fact there is NO, NONE "painful" clause and you are not man enough to admit you are wrong.

Like I said, worry about ALPA (you know the union that has censored you and disavowed you) and let the IAM, CWA and AFA members decide their own fates.

No one on this board who is a regular poster tells you and your union what to do, why don't you extend the same courtesy to others.

And you are wrong, the IAM has given the company numerous ways to do business more effiecent and cost effective, it goes upon deaf ears. You are not an IAM member nor involved with what goes on, I know what is going on and I have proven it with facts, unlike you who says secret sources, cockpit conversations or a corporate executive told me and no one else.

We all see right through you. You do not impress anyone.

 

[AP Tech]

I would have to agree that the company IS at war with the IAM judging by their contract violatins. Heavy maintenance is being set up to fail by the company managmanet. Its tough to meet an ETR when many required parts come out of the stock room in....Alabama ....where they claim they only wanted to do the S checks on the intial 10 AC. The company does not understand "Good Faith Bargining". We are headed down the path of Braniff, Eastern, Pan Am, ect,ect and I am afraid its too late to pull out!!!!

 

[USA320Pilot]

AP Tech:

AP Tech said: "We are headed down the path of Braniff, Eastern, Pan Am, ect,ect and I am afraid its too late to pull out!!!!"

USA320Pilot comments: You may be right and that was the context of Bruce Lakefield's telephone message to employees this week. The message can be heard at 800-us-daily, prompt 4.

If new agreements with labor are not reached shortly, the company will likely violate ATSB unrestricted cash, cash flow, and EBITDAR requirements on September 30 and then need to take more drastic action. US Airways has notified the SEC of a potential "judicial reorganization", therefore, this warning should not be taken lightly.

Separately, the New York Times recently reported the company is in discussion with the ATSB and one topic is a pre-packaged bankruptcy filing, with lease holders and labor squarely in the "cross-hairs". As I understand it, the filing could preserve the loan guarantee, not require DIP financing, and preserve the security.

Will it save the company? I do not know, but according to the Times the company and the ATSB are in discussion and as we know the airline has hired bankruptcy financial and legal consultants.

But it the company fails then what will all of the message board chest pounding have accomplished?

Respectfully,

USA320Pilot

 

[700UW]

You are the only one pounding your chest to a group that you are not a member of or should be concerned with. You constantly post false information to try to scare and intimidate people, which does not work.

When you are proven wrong, you ignore it.

Once again you are shown FACTS and you choose to ignore them because you know I am right and you are wrong!

Please post the NYT article, so we can see it in real format instead of one of your sources.

 

[cavalier]

I would have to agree that the company IS at war with the IAM judging by their contract violatins. Heavy maintenance is being set up to fail by the company managmanet. Its tough to meet an ETR when many required parts come out of the stock room in....Alabama ....where they claim they only wanted to do the S checks on the intial 10 AC. The company does not understand "Good Faith Bargining". We are headed down the path of Braniff, Eastern, Pan Am, ect,ect and I am afraid its too late to pull out!!!!

YEP...I work in heavy maintenance every day and see what goes on. Boeing is even pissed at this management for going with AB. They are hampering the maintenance at every turn with all kinds of excuses why they can’t help us. We are now making our own parts that take six months to get from Boeing. Hell, not long ago we needed a device from Boeing and was told LUV had it, it never ends.

I agree 110% we are set up to fail given the resources they give us to produce miracles, it's all designed to justify outsourcing OUR work.

What the captain just doesn't comprehend is the fact that I and many maintenance employees of like mind no longer care what happens, just don't care at all. We go in do our jobs and hope for another day tomorrow and talk about the weather to keep our sanity. The IAM leadership knows all that is going on and is responding properly. This is indeed war and some will die and if its us the U mechanics, oh well and why they say war is hell.

That talking head that CCY uses makes me want to vomit when I see or hear his sorry face, his team reeks of lies, half truths, and pure deceit. Then you have Lakefield shaking his fist at us, oh wow that really works.

These are the end days for U and this management team is leading the way for all of us to go down that path whether we want to or not, they leave us NO choice.

 

[wench]

Cavlier

 

[AP Tech]

I agree !00% with Caviler. As far as a pre packaged BK with "labor and lease holders in the crosshairs", when is it going to end? Big business wins again....it may be very interesting with it being an election year.