Originally Posted by
acl65pilot
It is a very easy way to get around the case law that you present. With CH11 the company can play innocent sheep with the judge and behind closed doors with the union tell them that unless we get X scope concession we will ask the judge to throw the contract out. Everything you would accuse the company of would be hearsay, as you would have no "proof" and as a result the leverage is not in the Associations favor. Ugly but very plausible when you have the law on your side.
I do think that any pilot group that has to go down this road may not take the same actions this industry did after 9-11.
Study the Mesaba bankruptcy and its 1113(c) process. We had our contract thrown out and an injunction filed against us for striking. The company was asking for a 19% pay cut as well as scope relief to allow its other carrier to operate greater than 19 seat aircraft at Big Sky. The judge abrogated our contract, however, he left the scope contract in place; Since he did not have the authority to throw that section out.
The company never imposed a contract on us however, instead we were given a 3% pay cut with 4 year snap backs to our former pay. The pilot group here voted yes on the contract as rumors started circulating that CRJ 900's were coming to the airline. The scope battle however did not end there, it continued as Big Sky was given a contract with Delta airlines to operate a hub out of Boston. Management went judge shopping around the country to find a judge that would allow Big Sky to operate greater than 19 seat aircraft. They wound up suing a Continental pilot in Texas since he was the only ALPA pilot living in the district of the judge they wanted. After the legal battle ensued, the result was the same, our scope contract remained intact. Finally, in a last ditch effort management offered to buy out the scope from the pilots at Mesaba. I believe the offer reached as high as $20,000 per pilot. However, our pilots stood firm and did not sell out, shortly thereafter, Big Sky ceased operations.