Friday, August 18, 2006
An important case of first impression was decided yesterday regarding a union’s right to take job action against a Railway Labor Act carrier in Chapter 11 following the carrier’s rejection of the union’s collective bargaining agreement under Section 1113 of the Bankruptcy Code. Judge Allan Gropper of the U.S. Bankruptcy Court for the Southern District of New York denied Northwest Airlines' request for a preliminary injunction enforcing the terms and conditions of the Railway Labor Act and enjoining the Association of Flight Attendants and its members from work stoppages or other self-help activity. Northwest said that it would appeal this decision. According to an article in the Minneapolis Star Tribune, the flight attendants may begin their "CHAOS" strategy of striking flights intermittently as soon as August 25.