Because the law specifically allows for this type of predatory bargaining on the part of management. Section 1113(c) gives management this power. You seem to think that RLA contracts are subject to the same rules as any other contract (ie. under duress=void contract), but that's not the case. Contracts under the RLA have their own specific set of laws carved out for them, and we have no way to void an agreement based on duress. The bankruptcy laws allow management to force our hand. It's time that we fix it.
And at least ALPA is trying to do something about it.
Release #07.047
September 25, 2007
ALPA Hails Bankruptcy Reform Legislation Introduction
WASHINGTON—The Air Line Pilots Association, International (ALPA) president Capt. John Prater joined other AFL-CIO union leaders and key members of Congress today to announce new legislation that would remedy the unjust bankruptcy code that helped airline managements strip workers of their hard-earned pensions, salaries, and work rules following the events of 9/11.
“Managements and bankruptcy judges used the law to force America’s workers to give too much after terrorists attacked this nation on that dark day in September,” said Prater. “But now that the emergency is over, it’s time to fix the bankruptcy code, and this bill is a good first step.” (read Capt. Prater's statement)
The “Protecting Employees and Retirees in Business Bankruptcies Act of 2007” would close loopholes that enabled managements to gut workers’ contracts during tough economic times, and would put workers and retirees on equal footing with businesses and banks when companies go bankrupt.
“Since 2001, pilots have given more than $30 billion in concessions, sacrificing an enormous amount to save our airlines and our jobs,” said Prater. “This bill promotes economic fairness and requires shared sacrifice among all company stakeholders—that’s something we can all embrace.”
The legislation is being introduced by U.S. House of Representatives Judiciary Committee Chairman John Conyers (D-Mich.) and U.S. Senate Assistant Majority Leader Richard Durbin (D-Ill.).
Founded in 1931, ALPA is the world’s largest pilot union representing more than 60,000 cockpit crewmembers at 41 airlines in the U.S. and Canada. Visit the ALPA website at www.alpa.org for more information.
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CONTACT: Pete Janhunen, Linda Shotwell, Molly Martin, (703) 481-4440