NYTimes.com Article: United Puts Pressure on Unions

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United Puts Pressure on Unions

December 18, 2002
By EDWARD WONG






United Airlines said yesterday that if it did not reach
agreements on concessions from its unions soon, it would
ask a bankruptcy judge on Dec. 26 to start a process that
could allow the company to void its union contracts.

The company said that while it was still committed to
reaching agreements with all its unions, it might need to
have the paperwork in place to nullify contracts to obtain
cost cuts.

"We have communicated this to the unions," said Chris
Brathwaite, a spokesman for United, a unit of the UAL
Corporation. "We remain committed to achieving consensual
agreements."

United's request, which would come in a court motion, would
fall under Section 1113 of the bankruptcy code, which
allows companies to cancel work contracts that impede its
return to financial health. But United's lawyers would have
to make a strong case in the weeks after making such a
motion that the union contracts were hindering United's
progress.

The company said that it needed to negotiate agreements on
labor cost reductions by Feb. 15 to meet requirements that
were established by its four lenders. Those lenders agreed
to give United $1.5 billion in debtor-in-possession
financing. United can use $800 million of that but it must
meet certain cash flow projections each month to maintain
access to the money.

The flight attendants' union has said the company is
looking to cut $2.4 billion a year in labor costs, two and
a half times what the unions had tentatively agreed to in
November. But those agreements were voided when the
airline's application for a federal loan guarantee was
rejected two weeks ago. The unions said this week that they
were shocked by the new, larger amount that United was
seeking.

They did not seem surprised, though, by United's
announcement that it could make the court request next
week.

"We understand that the announcement in court today about
the future filing of an 1113 motion is purely procedural,"
said Paul Whiteford, who represents the pilots' union on
the board of UAL. "The company talks about a commitment to
forging consensual agreements. We hope they mean what they
say, but so far the process they have employed gives us
pause and concern."

Mr. Whiteford added that his union had not yet received a
detailed business plan that lays out the company's
operations and structure after it emerges from bankruptcy.
"This is critical for us in our evaluation of their
proposals," he said.

Leaders of the machinists' union sent a message to workers
saying that United's announcement "is not a surprise" and
pointed out that US Airways made a similar filing after it
went into bankruptcy court in August.

Sara Dela Cruz, a spokeswoman for the flight attendants'
union, said, "We do believe that while this is routine and
expected, seeking to reject the employees' contracts is
premature and unnecessarily provocative."

Glenn F. Tilton, the chief executive of United, sent a
letter to employees yesterday urging them to help the
company reduce its costs.

At US Airways, which is also negotiating for cost cuts with
its workers, one union put out a message to its members
yesterday saying that the airline and its main lender had
threatened to shut operations by Friday or next Monday if
the unions did not agree to concessions.

http://www.nytimes.com/2002/12/18/business/18AIR.html?ex=1041226864&ei=1&en=954955f1feb82357



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