Originally Posted by
FriendlyPilot
According to Federal Law (McCaskill Bond) if over 50% of an airline is purchased in any way including 363 sales, and they have unionized employees, the acquiring airline is required by law to do a seniority integration. Once that is done those employees have a right to work at the acquiring company because of their seniority.
If MB says that specifically about 363, then it would apply. I just don't see MB language that says assets transferred via 363 trigger the requirement.
363 exists for the express purpose of transferring stuff unencumbered. A carve out would defeat the whole purpose.
You can't just read 363 into the MB language. I think it would need to be stated specifically.