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Old 01-08-2019, 06:46 AM
  #307  
Larry in TN
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Joined APC: Jul 2008
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Originally Posted by Cujo665 View Post
Tell that to 817 Comair Pilots who’s job ceased to exist because the company ceased to exist.
Under the RLA, and their CBA, they were furloughed. Their position on the Comair seniority list was retained. The provisions of their CBA still had to be followed. If Comair had been resurrected, they would have had to follow the applicable recall procedures in the CBA.

If this were not the case, companies could rid themselves of unionized labor groups, union contracts, and employee longevity by temporarily shutting down and restarting. There never would be a furlough, only shutdowns/restarts.

In some shutdowns, there is no viable business remaining to follow through on the requirements of the CBA. In those cases, the pilots, while still furloughed and on the seniority list, become creditors in the bankruptcy and may, or may not, see any or all of what is due to them. When a parent company remains, such as ATSG, the parent company has the resources to, and must, satisfy the debts and obligations of the subsidiary that they are shutting down including fulfilling its obligations under the CBA.
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