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UAIR to ask judge for 23% today

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lowecur

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Sep 14, 2003
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This is the temporary cuts needed to keep operating while 1113 works itself out. Note the request to begin reducing the fleet from a minimum of 279 a/c. Are job actions right around the corner?


September 24, 2004

US Airways to Ask Court to Cut Union Workers' Pay 23%

By MICHELINE MAYNARD

US Airways plans to ask a bankruptcy court judge today to impose emergency pay cuts of 23 percent on its major unions, which have refused the company's demand for $800 million in contract concessions.

The airline, in letters sent to its unions yesterday, also said it would reduce or stop contributions to some employee retirement plans and would end its commitment to keep 279 aircraft in its fleet. It made the pledge to keep the aircraft when it emerged from bankruptcy protection last year.

US Airways told its unions on Wednesday that it would seek the cuts unless it reached agreements for contract concessions. US Airways did not announce similar pay cuts for its management and salaried staff. But a company spokesman, David Castelveter, said last night, "We have been very clear that everyone, management included, will participate" in the restructuring plan. The airline does not need court permission to impose cuts on nonunion employees.

In the letters to the unions, Jerrold A. Glass, senior vice president of employee relations, said the airline had to seek the cuts "in order to stabilize our cash flow during this traditionally slow fall and winter period, in which we are also experiencing high fuel prices and a revenue environment" driven by low-fare carriers.

Mr. Castelveter declined to comment on how much money the cuts would save.

US Airways filed for its second bankruptcy in two years on Sept. 12. Its 28,000 employees have refused to grant the airline a third round of wage and benefit cuts on top of two granted during its first bankruptcy, from which it emerged in April 2003.

The airline was not able to obtain debtor-in-possession financing, a feature of most bankruptcies, because its assets are pledged to secure a package of loans guaranteed by the federal Air Transportation Stabilization Board.

Instead, the airline is operating on its cash reserves, which stood at $750 million when it sought bankruptcy protection. Company officials previously said they would seek emergency cuts to generate more cash.

Bankrupt companies are allowed to seek emergency cuts under Section 1113 of the federal bankruptcy code. The code also allows a company to ask the bankruptcy judge to set aside labor contracts and impose permanent, less-generous terms. Such a move often follows a request for emergency cuts.

The bankruptcy judge can impose the emergency cuts after a court hearing. Workers do not get to vote on the reductions.

If the airline seeks to replace its labor contracts permanently, the judge would have 60 days to issue an order. In that time, companies and unions sometimes agree on wage and benefit cuts, and the judge could then impose contract terms on those that do not.

In letters to its unions, the airline said that the emergency cuts would be in effect immediately, and continue either through the pay period after March 31, until the airline reached agreements with its unions, or until the court ordered permanent reductions.

US Airways, which did not make a required $110 million quarterly pension contribution on Sept. 14, said it planned different steps for its various pension programs.

The company told the Air Line Pilots Association that it would cut its contribution to pilots' traditional pension plan to 10 percent, from 38 percent, and told mechanics it would stop contributing to their 401(k) plan. The company's letter to the Association of Flight Attendants did not mention pensions.

In a statement, the pilots' union said it would oppose the effort in bankruptcy court, but that it would continue to negotiate with the airline on permanent contract terms. The union representing flight attendants, which estimated the cuts were equal to half the concessions sought by the company, said it would try to persuade the company to reduce the amount.

The International Association of Machinists and Aerospace Workers, which represents mechanics and other ground personnel, said it was asking the airline for more information and that it would fight to protect workers' contracts in court.
 
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and they'll get it too...then they'll fire all the boeing pilots.

The way I see it they've run out of options. Nothing left to do.
 
lowecur said:
Are job actions right around the corner?
It seems so. UAIR is also asking for permission to hire outside help.

Posted on Fri, Sep. 24, 2004

Airline will ask to hire outside help if needed

STAN CHOE, KERRY HALL AND ADAM BELL
Staff Writers

As US Airways prepares to ask a bankruptcy judge today to temporarily slash employees' pay, it also will seek permission to hire outside workers in the event of labor disruptions.

In letters sent to two unions Wednesday, the airline said it wants that ability to protect itself from potential work slowdowns or disruptions in service. The airline said it also would want to hire outside help if it sees more workers quitting than usual.

US Airways spokesman David Castelveter said the company does not anticipate any problems.

Labor and legal experts say the judge handling US Airways' case likely would grant the airline's requests unless labor and management can first negotiate their own terms.

The company plans to ask Judge Stephen Mitchell in the Alexandria, Va., court to impose temporary 23 percent pay cuts for all major union workers. The airline has not yet said how much it will cut management's pay.

Workers and union leaders on Thursday lashed out at the company's request.

"A 23 percent pay cut is hideous," said Mike Flores, president of the Charlotte flight attendants' local. "People couldn't afford to pay their bills. It would be devastating to morale."

A flight attendant with 14 years of experience would see his salary drop to $28,499 from $36,945, said David Kameras, spokesman for Association of Flight Attendants.

At least one worker said she'd quit before taking such a sizeable punch.

"I will not work for 23 percent less," said Charlotte-based flight attendant Holley Greene, 45, a 20-year veteran with the airline.

Greene has spent the past year preparing; she earned her real estate broker's license and already sells residential real estate on her days off.

US Airways, Charlotte's dominant carrier, is trying to wrest concessions from its workers for the third time in two years. On Wednesday, it gave unions two days to accept wage, pension and work-rule concessions.

Experts aren't anticipating a massive exodus of workers.

"History shows they are doomed to nail their flag to the mast and go down with the ship," said George Hopkins, a history professor at Western Illinois University, who has written three books about pilots unions.

But work slowdowns have occurred regularly in airline disputes. In 2001, United Air Lines accused its mechanics of writing excessive numbers of repair orders to delay flights and gain bargaining advantage, a charge the mechanics union denied. In 2000, Delta Air Lines said it was forced to cancel hundreds of flights when pilots refused to sign up for voluntary overtime as part of a contract battle.

US Airways employs 5,700 of its 28,000 workers in Charlotte, home of its busiest hub where it carries nearly 90 percent of passengers. The company filed for Chapter 11 bankruptcy protection last week, saying it was losing customers to low-cost carriers.

Cutting labor costs is an essential piece of US Airways' turnaround plan. To compete with carriers such as JetBlue and America West, US Airways wants to pay its workers comparable wages, spurring the request for the 23 percent cuts.

Such a cut would knock a top-scale customer service agent down to $15.63 an hour from $20.30. Many of US Airways' customer service agents earn top scale after younger workers with less seniority were laid off in recent years.

Without agreements by today, US Airways also said it would ask the judge for authority to stop making contributions to some employee retirement plans and cut its fleet below the level agreed to with its unions.

Any reductions to pay would not happen immediately. If the airline files its request today, a judge would schedule a hearing, which unions believe could happen within two weeks. The cuts would also only be temporary as the airline continues to negotiate permanent reductions.

On Thursday, the airline met with only the union representing customer service and gate agents, union leaders said.

The Communications Workers of America agreed to three days of negotiations next week, said union spokeswoman Candice Johnson. The CWA has been trying to push some of its own cost-cutting proposals, such as buyouts for older workers.

Bob Lemon, a customer service agent and 26-year US Airways veteran, is hoping for a buyout. At 51, Lemon was planning to retire at 55 to try a new career in city planning. But a 23 percent pay cut, he said, would make him want to leave earlier.

The Association of Flight Attendants' negotiating committee finds US Airways' proposal excessive but still wants to discuss it with the company before a hearing is held in bankruptcy court, said Kameras, the union spokesman.

Flight attendant Patty Tobi, 45, of Waxhaw said she prays daily for the airline's financial health. If the cuts go through she figures she'd have to sell her home or find a roommate. "I'm a little old for a roommate," she said.

Of the airline's four major unions, the Air Line Pilots Association appears closest to a longer-term deal, as union leaders this week directed negotiators to secure an agreement members could vote on.

"While ALPA plans to oppose the motion in court, ALPA remains committed to reaching a permanent solution with management that will return the airline to sustainable profitability through engaging in earnest discussions with management on a comprehensive, consensual agreement," said Capt. Jack Stephan, spokesman for the US Airways ALPA Pilots.

The International Association of Machinists, which represents mechanics and fleet-service workers, has no talks scheduled with the company. The union has asked for financial numbers to prove the airline needs such steep cuts.

Airline's Requests

• 23 percent pay reduction for major unions.

• Eliminate some company contributions to workers' retirement plans.

• The ability to cut its fleet size, which could result in furloughs.
 
Please..

Dont post a link to a site that requires you to sign up for services.

Mike
 
MLBWINGBORN said:
Please..

Dont post a link to a site that requires you to sign up for services.

Mike
Sorry, I just pasted it for future references.:o
 
lowecur said:
It seems so. UAIR is also asking for permission to hire outside help.
Sweet! You quoted yourself and then responded to your own question. Never seen that before! Imagine: you could have a whole thread with a full debate and you could be the only one posting.
 
Rogue5 said:
Sweet! You quoted yourself and then responded to your own question. Never seen that before! Imagine: you could have a whole thread with a full debate and you could be the only one posting.
Ha, that's funny. I saw the same thing.........but I wasn't sure if I had missed anything. I'm kinda dumb.
 
Rogue5 said:
Sweet! Yes it was! It's known as a segue (segway). You quoted yourself and then responded to your own question. Never seen that before! Stick around kid, you may learn a thing or two. Imagine: you could have a whole thread with a full debate and you could be the only one posting. Sybil had 21 different personalities and they all worked in the Airline business.:)
.....
 
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Here is another one for you Yaks

I especially thought these comments were charming:

>>As US Airways prepares to ask a bankruptcy judge today to temporarily slash employees' pay, it also will seek permission to hire outside workers in the event of labor disruptions.

In letters sent to two unions Wednesday, the airline said it wants that ability to protect itself from potential work slowdowns or disruptions in service. The airline said it also would want to hire outside help if it sees more workers quitting than usual.<<

Basically they are saying: Even though you have all sacrificed greatly, especially over the last two years, and even though management vascillates still on a workable plan, and even though we have blown every cent of the billions given to date.......we are going to replace you in a heartbeat with scab labor. We could care less about our long term dedicated employees.

>>US Airways spokesman David Castelveter said the company does not anticipate any problems.<<

I beg to differ. If the 1113 ruling is affirmed, a potential walkout could either force the inevitable liquidation for USAir or make management actually try and run the airline on something other than the backs of labor.

If I was one of the junior guys, knowing I was going to get the axe as planned in managements last offer, I'd walk just on principle. At what point do you say enough is enough? Besides, haven't they already reneged on the minimum number of mainline jets which was part of the agreement for the last round of concessions?

>>Cutting labor costs is an essential piece of US Airways' turnaround plan. To compete with carriers such as JetBlue and America West, US Airways wants to pay its workers comparable wages, spurring the request for the 23 percent cuts.<<

Comparable Jetblue wages? How many 5 year Captains does USAir have? I wonder if this cut in labor costs includes management?

>>The airline has not yet said how much it will cut management's pay.<<

I didn't think so.


The response from U ALPA to management during this continuing debacle is pathetic. The handwriting is being made crystal clear in crystal city.
I guess it is ok to continue to lower the bar for them unlike it was for us at CAL as they kept goading us to shut the airline down to stop the denegration of wages and work rule attacks. The comments made earlier about furloughing out of seniority was something even Lorenzo didn't contemplate or try.

I think USAir's managment is actually more dangerous to labor than Lorenzo.
 
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Hi BoeingMan,

There is some U pilot over at the USAviation forum that is saying that the judge will prevent self-help. I can't imagine a situation where a judge would say "well, we've aborgated your contract, slashed your pay and benefits, and if you don't like it, tough, we're going to force you to go to work anyway.

Nu
 
NuGuy said:
Hi BoeingMan,

There is some U pilot over at the USAviation forum that is saying that the judge will prevent self-help. I can't imagine a situation where a judge would say "well, we've aborgated your contract, slashed your pay and benefits, and if you don't like it, tough, we're going to force you to go to work anyway.

Nu
Neither can I. I may be wrong, but I believe that when an 1113 is affirmed and the contracts are abbrogated by the court, the unions are free to seek self help without the constraints of the RLA. That is not up to the discretion of the individual judge as it is a part of bankruptcy law under section 1113.

Anotehr interesting twist is the bankruptcy judge in UAL's case I thought denied UAL management further cuts in the contract as he deemed they were already made. ALPA's attorneys in this case could argue that labor has already paid a heavy price with nothing to show to date.
 
Boeingman said:
Neither can I. I may be wrong, but I believe that when an 1113 is affirmed and the contracts are abbrogated by the court, the unions are free to seek self help without the constraints of the RLA. That is not up to the discretion of the individual judge as it is a part of bankruptcy law under section 1113.

Anotehr interesting twist is the bankruptcy judge in UAL's case I thought denied UAL management further cuts in the contract as he deemed they were already made. ALPA's attorneys in this case could argue that labor has already paid a heavy price with nothing to show to date.
The first part of your post is accurate. An 1113 filing can allow a labor union to seek immediate self help (ie. strike) without the RLA 30 day cooling off period. However, USAirways has asked for a court ruling based upon 1113(e), which is an emergency ruling for contractual relief, and temporary in nature. A little different, in that self help is not available for an (e) ruling since the company is seeking an immediate cash preservation position from the BK judge. A TA can be negotiated before the court ruling to avoid this, but USAirways' current table position would likely be what they are asking Judge Mitchell for anyway. If ALPA agrees to a TA that mirrors this current "demand", they weaken their position in the future. U management can keep asking (and receiving) 1113(e) rulings and drag the contract through the mud indefinitely (though unlikely to be allow by the judge over time).

As far as your second thought, I agree that would be the case at UAL. However, at USAirways, the MEC showed their hand, and their willingness to "give" more during their last bankruptcy when, after the filing, agreed to terminate the defined benefit pension plan on their own (at the time in hopes the company wouldn't come after more cuts). They did this when the company simple said "boo". USAirways didn't have to get an 1113 or 1113(e) ruling for ALPA to willingly give up a major portion of their contract, so the judge can counter a "we've paid such a high price" argument with "well, you've done it before".

My prayers are with this group, too.

Red
 
But would the court not consider that the USAir pilots have already given in the first bankruptcy? In fact, the company didn't ask for enough in the first trip so why should they get carte blanche in the second?TC
 
Pilots are whores!

Plane and simple!

USAir pilots will fly to the end!

It doesn't matter if their pay is $150/hr or $1.50/hr

There is always some poor silly soul who will fly a plane for peanuts.

It's all these Hill Billy's know how to do.

They will ride it in.

Flat inverted spin!

Sad but true.

I just hope this is over soon.

The sooner US goes away the better for the industry as a whole.

Sad but true.

Flame away.
 
rtseatrich said:
Pilots are whores!

Plane and simple!

USAir pilots will fly to the end!

It doesn't matter if their pay is $150/hr or $1.50/hr

There is always some poor silly soul who will fly a plane for peanuts.

It's all these Hill Billy's know how to do.

They will ride it in.

Flat inverted spin!

Sad but true.

I just hope this is over soon.

The sooner US goes away the better for the industry as a whole.

Sad but true.

Flame away.
Seems like the only flamer is you!
 
dlredline said:
The first part of your post is accurate. An 1113 filing can allow a labor union to seek immediate self help (ie. strike) without the RLA 30 day cooling off period. However, USAirways has asked for a court ruling based upon 1113(e), which is an emergency ruling for contractual relief, and temporary in nature. A little different, in that self help is not available for an (e) ruling since the company is seeking an immediate cash preservation position from the BK judge. A TA can be negotiated before the court ruling to avoid this, but USAirways' current table position would likely be what they are asking Judge Mitchell for anyway. If ALPA agrees to a TA that mirrors this current "demand", they weaken their position in the future. U management can keep asking (and receiving) 1113(e) rulings and drag the contract through the mud indefinitely (though unlikely to be allow by the judge over time).

As far as your second thought, I agree that would be the case at UAL. However, at USAirways, the MEC showed their hand, and their willingness to "give" more during their last bankruptcy when, after the filing, agreed to terminate the defined benefit pension plan on their own (at the time in hopes the company wouldn't come after more cuts). They did this when the company simple said "boo". USAirways didn't have to get an 1113 or 1113(e) ruling for ALPA to willingly give up a major portion of their contract, so the judge can counter a "we've paid such a high price" argument with "well, you've done it before".

My prayers are with this group, too.

Red
Thanks for taking the time to elaborate on this futher. Couple of questions: The (e) part of this section you mentioned as "temporary". What is the timeline of that? And at this expiration does the union automatically get released to self help?

Also, I read that U was going to reduce below 279 aircraft. Wasn't the last concession package agreed to by ALPA predicated on that number being maintained? It would seem that should be brought up before the bk judge now since U wants to change their end of the deal, again. I think ( and you seem to indicate) ALPA at U has been far to "amicable" time and again. It would appear as I suspected that eventually this is going to bite them in the arse in the future.
 
While I firmly believe that rtseatrich is an idiot, he does make a point. There are three times as many CFI's and current regional pilots out there as there are total US Air pilots, willing to fly those Airbuses and Boeings for $20-$25/hr. It would mean a step up for them. I am flying a jet with pax!!! I am now a Real Pilot. Screw the industry, I need to help myself. That is the attitude that has gotten us to the point the industry is in now.
 
sf3boy - you are correct in your conclusion. It is all about supply and demand and the fact remains that there are far too many entry-level pilots out there willing to to work for "slave wages". The airline pilot profession is basically dead. I for one, have had enough and am moving on for good. I guess it is time I used my college degree. Best of luck to those that remain in this horrible industry.
 

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