Case No. 02-48191 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
May 2, 2005
ORDER ON DEBTORS’ MOTION FOR INTERIM RELIEF FROM THE DEBTOR’S COLLECTIVE BARGAINING AGREEMENT WITH THE ASSOCIATION OF FLIGHT ATTENDANTS-CWA PURSUANT TO SECTION 1113(c)
EUGENE WEDOFF, Bankruptcy Judge
Upon the motion of the debtors and debtors-in-possession (the “Debtors”) in the above-captioned Chapter 11 cases seeking entry of an Order approving interim relief under their collective bargaining agreement with the Association of Flight Attendants-CWA (the “AFA”) pursuant to Section 1113(e) of the Bankruptcy Code; and it appearing that this Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; and it appearing that this proceeding is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2); and it appearing that venue is proper in this District pursuant to 28 U.S.C. §§ 1408 and 1409; and it appearing that proper and adequate notice has been given and no other notice need be given; and after due deliberation and sufficient cause appearing therefore, IT IS HEREBY ORDERED THAT:
1. The parties shall submit to the AFA-United System Board of Adjustment for expedited arbitration the issues of whether United violated the “Termination Rights” provision of the “Modifications to the 2003 — 2009 Flight Attendant Agreement Pursuant to Bankruptcy Code § 1113” (hereinafter the “January Agreement”) as it relates to the AFA’s April 8 termination notice and, if so, the remedy. In the event that the arbitrator finds such a violation, the arbitrator shall determine a cure for the entire period from January 1, 2005 through and
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including January 1, 2010, and subsequently whether United has so cured. The System Board will retain jurisdiction to decide issues of compliance and enforcement of the remedy.
2. Pending the decisions of the System Board required by paragraph 1, the terms of the January Agreement shall remain in full force and effect.
3. United is deemed to have withdrawn its Section 1113(e) motion and those aspects of its pending Section 1113(c) motion against the AFA not pertaining to United’s proposal regarding the termination of the flight attendants’ defined benefit pension plan.
4. This Court retains jurisdiction with respect to all matters arising from or related to the implementation of this Order.
5. Notwithstanding any provision contained in this Order or the possible applicability of Bankruptcy Rules 6004(g), 7062, 9014, or otherwise, the terms and conditions of this Order shall be immediately effective and enforceable upon its entry.