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American makes its case against union contracts

By David Koenig

Associated Press

Published: Monday, April 23 2012 12:05 p.m. MDT

American Airlines employees protest in front of U.S. Bankruptcy Court, Monday, April 23, 2012 in New York. American Airlines is in federal court Monday to convince a bankruptcy judge that to survive, it must break labor agreements that workers fought decades to win. American wants to eliminate 13,000 union jobs, freeze or terminate pension plans, curb health benefits, reduce time off, and impose many other cuts.

Mark Lennihan, Associated Press

NEW YORK — American Airlines argued before a federal bankruptcy judge Monday that its union contracts need to be changed to make the company financially stable.

The airline lost more than $10 billion in the decade leading up to its declaration of bankruptcy in November. During that same period most of its major rivals used the bankruptcy process to cut wages and benefits, which American says has left it saddled with higher labor costs.

American wants to eliminate 13,000 union jobs — about one in every four union workers — freeze or terminate pension plans, curb health benefits, reduce time off, and impose many other cuts.

"A restructured job is better than no job at all," said Jack Gallagher, a lawyer for the airline. Noting that once-great airlines such as PanAm and TWA have disappeared, he said, "We don't want to join them."

The airline also told the court that management costs will be cut by 20 percent through layoffs and wage cuts.

The airline's unions say company leaders are unfairly blaming workers instead of doing something to make American grow and bring in more revenue.

On Friday, the unions expressed their defiance by supporting a potential bid by US Airways to merge with American's parent company, AMR Corp. In effect, they were saying that US Airways' management could run American better than the current leaders.

On Monday, the unions rallied outside the courthouse, blocks from Wall Street, saying that the workers were part of "the 99%." They carried signs that said, "Profits First, Workers Last" and "Merge don't purge."

American is expected to take the entire week to make its case. Those arguments will be followed by a two-week break for the company and unions to try to negotiate an agreement. If none is reached, the unions present their case and the judge is expected to issue a decision by June.

The hearing is about more than just American, the nation's third-biggest airline. If American gets its way, it will cement a decade-long overhaul of the airline industry that has seen major carriers use the bankruptcy process to cut wages and eliminate cumbersome union work rules.

Helped by lower labor costs achieved in bankruptcy, United Continental Holdings Inc. and Delta Air Lines Inc. returned to profitability. Of the major U.S. airlines, only American lost money last year, about $2 billion. And the losses keep piling up — another $1.7 billion in the first three months of 2012, although most of it was for bankruptcy-reorganization costs.

"We're going through a major restructuring of labor relations in the airline industry," says Gary Chaison, a professor of industrial relations at Clark University in Massachusetts. "The entire industry is preparing itself for hard times ahead that might be caused by high fuel prices or by the continuing recession — forces beyond its control."

The unions, which forced American to capitulate on wages in the 1990s, have lost much of their clout. Even if they agree to concessions now, Chaison says, they'll probably be asked to give up more in a few years as the airlines go through more cost-cutting.

The company's demands for lower pay, longer hours and reduced benefits would be devastating, says Laura Glading, president of the Association of Professional Flight Attendants. She says regular workers are still angry over years of stock bonuses paid to management after the unions accepted concessions in 2003.

"We get it that the company is in bad shape," Glading says. "All we're asking is to be treated fairly."

Management is incorrectly blaming labor for AMR's losses, says Scott Shankland, a top officer for the Allied Pilots Association.

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