Fri, Sep 15, 2006
Federal Judge Says 'Not So Fast Mesaba'
A federal judge
yesterday overturned a July ruling in bankruptcy court that allowed
Mesaba Airlines to void a labor contract with its flight
attendants.
The Federal District Court of Minnesota's Judge Michael J. Davis
says Mesaba refused to negotiate "snap-back" provisions that would
return wages to pre-bankruptcy levels after the airline recovers
financially from the current crisis.
Bankruptcy law requires a company wishing to void a labor
contract to prove negotiations have been unsuccessful and the
concessions necessary for the reorganization are, among other
things, "fair and equitable to all parties." Mesaba's refusal to
discuss snap-back provisions, says Judge Davis, shows the airline
wasn't fairly distributing the burden of reorganization.
In a news release, Mesaba Master Council Executive President Tim
Evenson said, "This is a monumental victory for Mesaba workers and
employees everywhere. We hope that this decision will encourage
current management -- if they remain in control of the airline --
to come back to the table for productive discussions -- this time
with a proposal that is fair. Over 100 days ago, we presented the
company with a cost savings proposal that met their targeted
concessions. We have heard nothing from them since. It is time for
management to drop the litigation and negotiate fairly with the
flight attendants."
Mesaba's flight
attendants, represented by the Association of Flight Attendants
(AFA), lost this battle in July. Mesaba had proposed a 19.4% cut in
pay and benefits during contract negotiations. The Judge handling
the bankruptcy case gave Mesaba the right to void the flight
attendant's contract after they threatened to strike in response to
Mesaba's offer.
Yesterday's ruling sends the whole mess back to bankruptcy
court.
Mesaba filed for Chapter 11 protection almost simultaneously
with its partner, Northwest. Both airlines are struggling to
reorganize, and both are experiencing tremendous strain on the
relationship between their labor and management.
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