NYTimes.com Article: Judge Rejects United Airlines Deal With Pilots

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Judge Rejects United Airlines Deal With Pilots

January 7, 2005
 By MICHELINE MAYNARD





CHICAGO, Jan. 7 - A United States Bankruptcy Court judge
today rejected a new contract between United Airlines and
its pilots' union, saying the agreement unfairly forced
other unions to join the pilots in letting United terminate
their pension plans.

The move was a victory for the federal pension agency,
which had led a legal battle opposing the contract. The
Pension Benefit Guaranty Corporation was joined in the
effort by United's creditors, some of its banks and its
other unions.

The rare action by Bankruptcy Court Judge Eugene R. Wedoff
was the latest setback for United, which filed for
bankruptcy protection in December 2002 and has yet to
present a reorganization plan.

Last June, a federal loan board rejected United's
application for a loan guarantee package, forcing the
airline to cut its costs even more deeply than it had
already done in bankruptcy.

The deal with the pilots' union, reached last month,
included a 14 percent pay cut along with other concessions
worth $180 million a year.

It was part of $725 million in wage and benefit cuts sought
by the airline, which also wants to terminate its four
employee pension plans. Pilots ratified the deal Thursday,
as a hearing began on objections to the agreement.

United and the Air Line Pilots Association said they were
"disappointed" by the ruling, United said it believed the
contract was "fair and equitable."

The two sides now will have to resume negotiations, but the
pilots' union said in its statement that it could offer "no
assurance" that a new deal could be reached.

Any agreement would again have to be submitted to the
airline's 6,400 pilots for a second vote.

It is highly unusual for a bankruptcy court judge to reject
a ratified contract. And

Judge Wedoff, who is in charge of the United case, said he
took the step with "extraordinary reluctance."

But the judge said the agreement contained a series of
unacceptable provisions.

In particular, the pilots' contract gave the company
permission to terminate their defined benefit pension plan
as long as similar plans of other unions were terminated,
too. That stipulation drew a heated outcry from the pension
board as well as unions representing United's mechanics and
flight attendants.

Last week, the pension board said it would seize control of
the pilots' retirement plan, rather than wait for the plan
to be terminated.

Judge Wedoff said that the pilots' union did not have the
right to dictate the actions of United's other unions, and
that the issue should be the subject of their negotiations
with the airline.

The judge also objected to a clause in the contract that
kept it in effect only if United's management team, led by
its chief executive, Glenn F. Tilton, kept its exclusive
right to draft a restructuring plan.

In all, Judge Wedoff said the contract had the effect of
"unduly tilting" matters in the company's and pilots'
union's favor. That, he said, "seems to me like something a
court ought not to approve."

Judge Wedoff's ruling did not address an arrangement
between United and the pilots' union that called for pilots
to receive $550 million in convertible notes, once the
airline emerges from bankruptcy.

A hearing was scheduled for later today on United's efforts
to set aside labor agreements for mechanics and flight
attendants. Mr. Tilton was expected to be the airline's
lead witness.

http://www.nytimes.com/2005/01/07/business/07cnd-united.html?ex=1106128361&ei=1&en=6e7b9b2476a4f989


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