United will ask to throw out labor contracts

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United will ask to throw out labor contracts
By Marilyn Adams, USA TODAY

Under a tight deadline to cut costs, United Airlines said Tuesday that it
will take the first legal step next week toward voiding its labor
contracts, by asking the bankruptcy court to let it throw out the contracts
. The airline, which filed for bankruptcy protection last week, is seeking
$2.4 billion a year in labor cost reductions through pay cuts and
productivity improvements. That's double what unions had agreed to give up
before United filed Chapter 11. Although United stressed that it still
wants to get the cuts through negotiation, the announcement increased
pressure on its labor unions.
If a bankruptcy judge allowed United to throw out labor contracts, it could
impose new pay and working conditions on employees. However, workers would
have the right to strike. United spokesman Rich Nelson said filing for the
right to reject the contracts doesn't mean the airline plans to do that.
"If we don't file it, we lose the opportunity to use it later if we have
to," he said. The airline said it needs to file the motion Dec. 26 because
lenders of its $1.5 billion in bankruptcy financing require cost cuts to be
in place Feb. 15.

Although bankruptcy law allows a distressed company to ask the court's
permission to reject labor contracts, few airlines have succeeded in
persuading judges, bankruptcy experts say. A company has to demonstrate it
has reached an impasse in talks with unions and might cease operations
unless the contracts are undone. The bankruptcy law forces a company to
meet more difficult conditions than apply to other contracts, says New
York-based bankruptcy lawyer David LeMay. Paul Whiteford, head of United's
pilots union, called the legal step "purely procedural," and United's
largest union, the International Association of Machinists, said it wasn't
surprised. But in a departure from his usually supportive tone, Whiteford
sharply criticized United's approach to talks with the pilots, who are
being asked for more givebacks than any other union.

"The Air Line Pilots Association continues to ask for and has yet to
receive critical information, most importantly a specific business plan
that maps out the size, scope and shape of the company post-bankruptcy,"
Whiteford said.
United's notice to the court came during a hearing on whether State Street
Bank, which manages the company's employee stock ownership plan, could
resume selling workers' shares in United parent UAL. Anticipating that UAL
shares would be wiped out in a bankruptcy, State Street began selling
shares in the fall. At United's request, the court last week ordered the
sales halted. Tuesday, the judge left the temporary order in place until
Dec. 30.

Contributing: Dan Reed

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