usairways_vote_NO
Veteran
- Sep 9, 2002
- 1,882
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happy voting
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Unfortunately it is pretty clear now that all indicators point to almost exactly what repeet is saying. Bankruptcy is now being shouted in almost every article but nobody [pilots excepted] is there to respond anymore.repeet said:You forgot the most likely scenerio.
The company goes into chapter 11, abrogates employee contracts, and then is killed by strikes. Which, of course, results in chapter 7.
Tim:Tim Nelson said:My one point of disagreement with repeet is that I don't see any striking. There is no reason to strike since no new financing as a result of the opening of legal 'self help threats' will produce the same results.
funguy2,funguy2 said:Tim:
I disagree. My understanding of S.1113 of the BK law, which deals with labor agreements, is that the company can ask the judge (or vice versa I suppose) to force new negotiations. The judge cannot void the contract (a change made post-Lorenzo). If the company pushes forward with such a request, and their negotiating position is concessions or else, the unions may have to go to 'self-help' just to maintain the current contracts.
My gut tells me (and some posters on these forums) that some unions feel they have given enough, and that there is no more left to give. So I think you could indeed see a strike if management forces the labor issue in BK Ch. 11. I think this would happen prior to any exit financing strategy being developed, as I think management would have to present cost reductions to lenders/investors in order to obtain exit financing.
That's just my hunch, and based on my understanding of S.1113. If I am wrong, please correct me on S.1113.
I dug up this current event to further show that anyone who thinks that US AIRWAYS can get financing without an agreed labor deal is fooling themselves.funguy2 said:Tim:
If I read you correctly, your assertion is that Labor, instead of enacting self-help at the first possible opportunity, could operate under the non-agreed to contract while continuing to use the threat of immediate self-help at any time over time (since the only requirement is a 30-day waiting period, no requirement to begin strike on 31st day). Thus the threat of uncertainty of the timing of self-help scares away potential investors on the basis of "we can work around the predicatable".
I think I now understanding what you are saying, and I think this self-help option does have merit, and could be "successful" in terms of coming to a contactual end. Certainly, once the uncertainty is removed, the company would be able to focus on financing, and move forward, with employees on-board again. This seems plausible, however, I am in no position to say likely or unlikely.
However, any time a threat-style tactic is used, those who threaten must be willing to enact what they have threatened. So while it is possible that the union forces the company to capitulate via the threat of self-help, the company could also "call the bluff" of the union and force them to act. If the company does this, the strike may be inevitable (or the union caves). The only question is if one side caves before this point.
Thanks for the clarification... As I said, this seems plausible to me, depending of what the union in question feels it should do.
YUP GREASEMONKEY IS THE PROPER TERM!!usairways_vote_NO said:EL GATO
Yep it's the union's AFA and IAM that killed this company. That sure was easy to figure out you are brilliant. Actually if you trying to put down mechanics you should not use the term elevator repairmen try grease monkeys. The former is the job they should have got into.