Significance of Tueday for NWA

[Workin'Stiff]

Alright, I'm ceratinly no genius with the bankruptcy process. But from what I've heard, the judge recessed the proceedings until Feb 1st to have management and ALPA complete more negotiating. I've heard that the proceedings will begin on Tuesday or Wednesday and the judge could be working on issuing a ruling soon after??? Is this correct??? Have both sides "rested?" I'm not even sure that's the right term for being done arguing your case....

 

[YourPilotFriend]

He wants the hearings done by this week, with a ruling shortly after. However, I think he was more trying to get NWA to negotiate. In my personal opinion, I don't think we will see a ruling till the week of FEB 13-17.

 

[Workin'Stiff]

Thats what I was figuring... I just heard some people jabbering about the judge possbily ruling near the end of this week...

 

[PCL_128]

I would wager that the judge will wait until the very last minute to issue a ruling. He would much rather hold out hope that a consensual deal could be reached than to be known as the only judge in history to have thrown out a valid labor contract. This could very well come down to the wire on the 16th. I wouldn't expect an early ruling.

 

[320AV8R]

The Judge recessed the courtroom proceedings until Tuesday, January 31st. This gave both sides a week to make a deal. As usual, Mgmt has not negotiated, & NEWCO has resurfaced. On Tuesday, both sides will testify before the Judge.....pleading their case.....why he should side with them. There will be no more testimony or input for the Judge to consider after the 31st.


He then has until Feb 16th to make a ruling. I would expect his decision to be made in the week of Feb 6th to 10th. This would be 1) after the Superbowl.....(in case of a strike), and 2) as early as possible, considering the Company's need for DIP financing, etc.


320AV8R

 

[Lear70]

Timeline has been moved to Wednesday. ALPA's lead counsel was sick yesterday.

From my understanding the judge WILL accept testimony right up until Friday this week (February 3rd). After that, the judge WILL rule, from what I'm hearing the 13th or so sounds about right.

If the judge rules to throw out the labor contracts, the company chooses what to do next. If the company continues to operate with the current agreement in place until something new is negotiated, this could take many more months.

If the company immediately starts throwing things out and making changes (bad idea), you'll probably see some fireworks start (strikes, etc).

Personally, I don't think they'll come to an agreement, but I think the company will wise up and not force anything drastic down anyone's throat very quickly, leading to a long, drawn-out "beat them down" campaign until they get an agreement they like.

Just my .02 cents (which won't buy you Starbucks, but MIGHT get you a free USA Today on your overnight).

 

[Boeingman]

I don't know Lear, I think management over there has gotten arrogant after crushing the AMFA strike. Arrogance has no bounds and in the end, they still will get their millions.

Should be interesting.

 

[YourPilotFriend]

Timeline has been moved to Wednesday. ALPA's lead counsel was sick yesterday.

From my understanding the judge WILL accept testimony right up until Friday this week (February 3rd). After that, the judge WILL rule, from what I'm hearing the 13th or so sounds about right.

If the judge rules to throw out the labor contracts, the company chooses what to do next. If the company continues to operate with the current agreement in place until something new is negotiated, this could take many more months.

If the company immediately starts throwing things out and making changes (bad idea), you'll probably see some fireworks start (strikes, etc).

Personally, I don't think they'll come to an agreement, but I think the company will wise up and not force anything drastic down anyone's throat very quickly, leading to a long, drawn-out "beat them down" campaign until they get an agreement they like.

Just my .02 cents (which won't buy you Starbucks, but MIGHT get you a free USA Today on your overnight).

"The 1113(c) process could take one of two general paths from here. The first and most desirable path is that ALPA and management reach a consensual agreement on a new contract prior to the judge’s ruling.
The other possibility is that ALPA and management could fail to reach a negotiated settlement and the Bankruptcy judge subsequently rules on the Company’s rejection motion. If the judge denies the Company’s motion, he would do so based on the premise that ALPA’s last offer was sufficient to meet the Company’s needs and would then be agreed to by the parties. However, we have no way of predicting management’s response to this result. Technically, in the absence of the parties agreeing to implement the last ALPA offer in such circumstances the Bridge Agreement terms would become effective again, but NWA could attempt to file another 1113(c) or 1113(e) motion and start the process again later on. This lengthy process does not seem likely. If the judge allows management to reject the pilot contract, management would have the right (but not the obligation) to impose new terms of employment for NWA pilots. In these circumstances our pilot group could engage in self help, including a strike. While ALPA is confident such a strike would be legal, management claims it would not be. The Company stated in court that it would seek a temporary restraining order and an injunction from the court to prevent self-help by the pilot group. ALPA would vigorously oppose any such effort by NWA. The company has also publicly stated that liquidation will result from a pilot strike of a significant duration."

 

[PSL]

I am sure others have made this argument, but NWA management's position is laughable.

Let me see if I can encapsulate their position in pilot speak ...

We want to reject your contract (a legally binding agreement) via the use of 1113 (c) and (e) motions under the premise that the contract is one (or THE) cause for NWA being unable to emere from Bankruptcy. Further we aruge that the RLA does not apply since we unilterally rejected the contract and want the courts to restrain the pilots from refusing to work (self help) under the terms that we (with no agreement between the parties) have forced upon them.

Does this sound like indentured servitude to anyone else?

How can the courts force a pilot group to work under terms it did not agree upon though collective bargaining if the Union (ALPA) has been certified to act as the agent for pilots ?

Someone who has a law degree and more familiarity with US Bankruptcy Code has got to explain this to all of us.

I wish no ill upon NWA or its pilots ... but holy shtt ... this is a truly frightening proposition for all pilots if we can forced to work without agreeing upon wages and benefits.

Good luck 'Red Tails' ... let me know where to send the support check if you folks decide to walk.

Scott

 

[filejw]

I think you will find what they really want is what everybody else has,unlimited 70 or so seat flying.We are not inclined to budge much on this issue seeing we have offered to fly the A/C at completive rates.Even the old guys like me are saying enough's enough the next thing they will say is the 400 fleet is to small to operate so we have to farm it out. The wages we have agreed to already are lower than other airlines that make a profit. Can't help it if management is not smart enough to run an airline.