Originally Posted by
alfaromeo
(b)(1) Subsequent to filing a petition and prior to filing an application seeking rejection of a collective bargaining agreement, thedebtor in possession or trustee (hereinafter in this section ''trustee'' shall include a debtor in possession), shall -
(A) make a proposal to the authorized representative of the employees covered by such agreement, based on the most complete and reliable information available at the time of such proposal, which provides for those necessary modifications in the employees benefits and protections that are necessary to permit the reorganization of the debtor and assures that all creditors, the debtor and all of the affected parties are treated fairly and equitably; and
(B) provide, subject to subsection (d)(3), the representative of the employees with such relevant information as is necessary to evaluate the proposal.
What's your point? Management made an offer to APA, they reached an agreement approved by the union leadership. The question before the judge is whether or not the balance of the equities favors rejection.
Well, to play angel's advocate, a few questions to ask would be; Has AMR REALLY met the spirit and intent of these bankruptcy provisions or just the "letter of the law" ?
Is their 1113 request and the LBFO TA that was concocted from it REALLY what is "necessary" for AMR to successfully reorganize or was it simply a gross overreach by a management with a long history of taking advantage of its labor ?
Are the pilots REALLY being treated "fairly and equitably" in this process or are they simply being taken advantage of again in an arena that gives even more leverage then normal to virtually everyone BUT labor ?
Will THIS judge simply be a another rubber stamp for the letter of the law or will he break from the past and actually determine that indeed the debtors request in this filing does not meet the spirit and intent ?
Personally, I think odds favor a business as usual situation and a rubber stamp a'la the past, but there still remains the chance this judge will see what is really happening here from a corporation who filed BK with almost 5 billion and has made another billion without a single implimentation of any cost-saving measure by labor requested by them of the court.
I think it's easy to see why AA pilots patience for this BS has come to an end and their cup of tolerance is about to runneth over.