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Union negotiations at Northwest Airlines are in a critical phase this week, with a judge expected to rule Friday on whether the company can throw out contracts with pilots and flight attendants.
If bankruptcy judge Allan Gropper in New York lets Northwest out of its contracts, the nation's fourth-largest carrier would be free to impose new rules on pilots and flight attendants. Besides pay cuts, Northwest wants to start a subsidiary to handle small-jet flying and wants to hire more nonunion foreign nationals for many of its flights to Asia.
Both groups [pilots and flight attendants] say they MAY strike if the carrier is released from its contracts. But the work stoppages won't happen right away. The pilot strike vote runs through Feb. 28, and flight attendants won't finish voting until March 6. The pilots' union has said talks are likely to continue beyond Friday's ruling.
Northwest, which filed for bankruptcy protection in September, has said a strike could kill it, which would put pilot pensions at risk.
The carrier also says a strike would be illegal. That's because airline-union relations are governed by the Railway Labor Act, which lays out a lengthy pre-strike procedure that hasn't been followed at Northwest. On Wednesday, Northwest said it would seek an immediate injunction if either group tries to strike.
Duane Woerth, president of the Air Line Pilots Association, scoffed at that idea, saying, "How can you be ordered to work when you don't have a contract?"
While the airline and the unions all said they would rather make a deal, the question remains as to what would happen if the union went on strike in response to the contracts being overturned. Workers at other bankrupt airlines have threatened strikes, but ultimately made deals.
One of the closest calls happened in January 2005 when a judge ruled that US Airways could cancel its contract with the International Association of Machinists. The IAM, which threatened to strike, approved the company's original pay-cut offer about two weeks later.
Attorney Bob Siegel represented US Airways in that case. He said he argued that airline unions cannot strike right away if their contract is rejected, but he's never found out whether the courts agree.
"I don't think the bankruptcy judges have been required to think this one through yet," he said.
Siegel said he believes that while the unions couldn't strike right away, they could still negotiate under the Railway Labor Act and strike once that process runs its course.
"Under my analysis, the union does have a right to strike _ it's just a matter of timing."
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