Bankruptcy possible if Air Canada, pilots don't reach deal by Saturday midnight

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Bankruptcy possible if Air Canada, pilots don't reach deal by Saturday
midnight


TORONTO (CP) -- Air Canada and its main pilots union were given an
"absolute" deadline to have a deal by midnight Saturday night or face the
real possibility that Canada's biggest airline could end up bankrupt, and
presumably, stop flying.  "This matter must be stabilized now. Emphasize
'now.' Immediately," Justice James Farley, who has been overseeing the
insolvent airline's restructuring, said in Ontario Superior court Friday
afternoon.  If no deal is reached by the deadline Farley said lawyers for
all parties would be back in court early Sunday morning to discuss the
airline's options and "whether or not Air Canada should be assigned into
bankruptcy or failing that some other reasonable, practical
alternative."  Farley ordered the two sides to begin talks with the help of
Justice Warren Winkler at 6 p.m. EST in a Toronto hotel. Winkler, a former
labour lawyer before he became an Ontario judge, was involved in resolving
negotiations between the company and other unions but hadn't been part of
the most recent talks with the pilots.  Farley said Air Canada is in an
"ultra precarious" position and if there are more delays all that will be
left of the carrier is an "academic debate over the bones, once the
buzzards have picked them over."  Air Canada lawyer Sean Dunphy refused to
say whether the company's board of directors would shut the airline down,
telling reporters during a break that "we'll keep flying until the court
orders otherwise."

In a statement issued late Friday, Air Canada told customers that "it's
business as usual with all flights operating as scheduled."  However,
Dunphy also said there was no way for the airline -- which owes more than
$12 billion and is losing about $5 million a day -- can successfully
restructure unless it gets its labour costs in line with its revenues.  A
lawyer for the Air Canada Pilots Association, on the other hand, told
reporters he doesn't believe somebody will "turn out the lights" on Air
Canada and that "somebody will find a way" to reach a deal.  The key
sticking point, according the pilots lawyer Richard Jones, was the
airline's plan to grow its Jazz subsidiary over several years and shrink
the main airline, where his clients work.  Jones said the pilots union had
made a proposal to the carrier Friday morning as an alternative way to
achieve the company's annual savings target from the pilots
union.  However, Dunphy said that figure had been achieved using
"imaginative" calculations and insisted that the two sides remained far
apart in terms of the cost-savings in the two proposals.  "They're not even
close. They're less than a quarter of the way there," Dunphy said.

Union spokesperson Serge Beaulieu, speaking from a nearby hotel where talks
were being held even as the courtroom drama unfolded, said the union made a
proposal Friday morning to cut Air Canada's annual costs by $251.2 million,
"which is the target given us."  Beaulieu did not give details but said the
package would involve salary reductions and job cuts, similar to those
accepted by other unions.  "It covers the whole gamut. Basically, a great
big knife all over the place, like everybody else did," Beaulieu
said.  Other reports have said more than 800 jobs could be lost from the
union, which has more than 3,100 members.  In its statement, Air Canada
said the proposal from the pilots included temporary wage cuts but didn't
include the necessary productivity improvements.  "The proposal was
significantly below the required target for this labour group and it could
not be accepted as it would have placed in jeopardy the recently completed
tentative agreements with the other eight unions at Air Canada and Air
Canada Jazz," the airline said.

Although one of Air Canada's unions called on the federal government to
step in to help the airline and the struggling airline industry, a
spokesperson for Transport Minister David Collenette said the minister was
in his Toronto riding Friday and wouldn't comment on the Air Canada
situation.  The uncertain situation led the Toronto Stock Exchange to halt
trading of Air Canada stock early Friday afternoon. Trading halts are
common when a company is expected to release important news that may affect
the value of shares. Air Canada's shares (TSX:AC) last traded at $1.67,
down eight cents, with more than five million shares exchanged Friday. If
the company goes into bankruptcy its shares will be nearly
worthless.  While Air Canada sees that "it's very understandable that
customers are worried," airline spokesperson Isabelle Arthur said the
carrier has made progress in its restructuring which began when it filed
for bankruptcy protection on April 1. "We have reached agreements with all
of our unions except for the pilots and we're hopeful discussions will be
successful and allow us to restructure our labour costs as necessary."

But a court-appointed monitor's report Thursday said the lack of a deal
with the pilots threatened to undermine tentative cost-reduction accords
with the company's eight other unions.  The monitor's report said the
concessions of the other unions and non-union employees, worth a total of
$766 million a  year, could be undone if the pilots union and Air Canada
don't land an agreement.  On Friday, a lawyer representing all the unions
except the Air Canada Pilots Association, asked Farley to order that they
be kept informed in the event that the airline is assigned into bankruptcy
-- a move that could see the airline stop operating and its assets sold and
the money distributed among its stakeholders.  "This is the least we could
ask for at this time," he said.  Meanwhile, the national president of the
Canadian Union of Public Employees, which represents 8,300 flight
attendants at the carrier, slammed the federal government "for abandoning
the airline industry."  "The federal government has washed its hands of
this mess yet its airline policy is responsible for the current chaos and
much of the pain our members are suffering today," CUPE president Judy
Darcy said in a statement from Ottawa.


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