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Northwest ruling could apply to Comair case THE ASSOCIATED PRESS AND THE ENQUIRER In a move that could have implications for Comair's labor situation, a federal bankruptcy judge Thursday denied a Northwest Airlines Corp. request to block a strike or other job action by its flight attendants. Judge Allan Gropper in New York wrote that he does not have the authority to block a strike as Northwest had requested.
Whether airline unions can strike during a bankruptcy is uncharted legal territory. Normally, the federal Railway Labor Act applies to airline and railroad workers, setting all kinds of conditions on when and where they can strike. But in the case of Northwest and Erlanger-based Comair, things aren't so clear. There is no legal precedent involving a strike at an airline or railroad that asked a bankruptcy court to void its labor contracts. A different bankruptcy judge has given Comair the power to void its contract with its 1,000 flight attendants, most of whom are based at the Cincinnati/Northern Kentucky International Airport. But the Delta Air Lines subsidiary hasn't imposed conditions. Bill Wilder, a lawyer for Comair's flight attendants union, said the ruling should also make the regional airline think twice about potentially imposing giveback terms. While Comair and the union are scheduled to resume negotiations again next week, the union this week renewed its threat of a strike or other work action if the airline imposes terms. "With the first swing at bat, the union position prevailed," Wilder said. "This ... should make Comair rethink its ability to get an injunction if they took unilateral action." While Judge Adlai Hardin, who is presiding in Comair's case, would not be compelled to follow Gropper's ruling, Wilder said he believed that Hardin would study it closely. Comair officials declined to comment on the development but said they continue to focus on achieving a consensual deal with the union. At Northwest, flight attendants have said they may begin random, unannounced strikes after 10:01 p.m. Aug. 25 unless the airline negotiates a new contract with them. Northwest imposed pay cuts and work rules on flight attendants last month after they voted down a negotiated settlement. "Now, Northwest management has one more chance. They have the choice to either set greed aside for once and agree to a fair and equitable contract, or they will face CHAOS," the union's acronym for "create havoc around our system," said Mollie Reiley, who runs the Northwest branch of the Association of Flight Attendants. Northwest's flight attendant union has not said what kind of strike it plans; it could range from occasional, unannounced strikes at specific gates or flights to a full-scale walkout. The idea is that even small-scale disruptions can cause passengers to book away from an airline, giving the union leverage. Northwest, which said it would appeal Gropper's ruling, sought to downplay the risk of disruptions. "We remain committed to continuing to serve our customers professionally and transporting them to their destinations safely and reliably," Northwest Chief Executive Doug Steenland said. Gropper wrote that federal labor law generally bars federal courts from blocking strikes. And nothing in bankruptcy law overrides that, Gropper wrote. Yet Gropper also denied the union's request to force Northwest to impose a different contract more favorable to workers. Northwest has negotiated settlements with its other large unions, but flight attendants have twice voted down negotiated deals that would have saved the airline $195 million a year. The attendants have said Northwest has asked for cuts that were too large.
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