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Old 01-05-2012 | 09:25 AM
  #208  
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From: blueJet
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Originally Posted by TristarJS30
Someone should mention this to the ALPA guys that sent out their "FAQ" last night where they say any givebacks now will be looked favorably upon by the bankruptcy judge.
Here's a link to history repeating itself: (Comair's 1113c decision)

http://www.nysb.uscourts.gov/opinion...64_opinion.pdf

Page 4:
Concerned with the escalating financial problems confronting both Delta and Comair in the post 9/11 era, Comair sought cost reductions in its employee costs from both unionized and non-union employees and officers in late 2004 and early 2005. Of relevance here, in February 2005 Comair and ALPA signed a letter of agreement (“LOA”) modifying the pilot collective bargaining agreement to provide pilot compensation reductions equating to approximately $8 million per year.
The judge understands that pilots ponied up $8 million in concessions just prior to BK.

Page 15:
When Comair and ALPA negotiated the February 2005 pre-petition concession LOA Comair undertook to increase its fleet of aircraft as a condition of maintaining the cost concessions. Its inability to do so will result in the January 1 $8 million snapback.
The Judge again points out that the pilot concessions right before BK save/cost Comair $8 million. He is clearly aware of the pilot concessions.

Page 22:
Today, as a result of the rejection of the January 2006 LOA, the pilots are the only
employee constituency which has contributed no concession in wages, benefits or work rules toward Comair’s attempt to reorganize and emerge from bankruptcy.
Concessions prior to BK obviously don't count toward BK.

Page 27:
Finally, the pilots are the only employee constituency which has made no concessionary contribution to Comair’s reorganization. Every other labor group, both union and non-union, has made substantial financial sacrifices to support the ongoing viability of the enterprise, except the pilots.
Again, concessions prior to BK obviously don't count toward BK.

Sorry guys, but giving Pinnacle concessions right before BK will not get you squat from the judge.
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