Case No. 02-B-48191 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
April 6, 2005
ORDER APPROVING EXTENSION OF INTERIM RELIEF FROM THE DEBTORS’ COLLECTIVE BARGAINING AGREEMENTS WITH IAM PURSUANT TO SECTION 1113(E)
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 extension of interim relief under their collective bargaining agreements with IAM pursuant to Section 1113(e) of the Bankruptcy Code; and it appearing that the relief requested is in the best interests of the Debtors’ estates, their creditors and other parties in interest; 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 Motion is granted.
2. The following changes to the IAM CBAs shall be extended through May 31, 2005 or such other date as may be agreed upon by United and the IAM: (i) a reduction in rates of pay by 11.5 percent in all pay factors for all longevity steps in all classifications; (ii) all
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IAM-represented employees will receive only 70% of pay for sick days; and (iii) all scheduled pay increases during the period are postponed.
3. To the extent required, all findings of fact shall be treated as conclusions of law and all conclusions of law shall be treated as findings of fact.
4. The extension of interim changes proposed in the Debtors’ motion are essential, at the present time, to continue the Debtors’ business and avoid irreparable damage to the estate.
5. This Court retains jurisdiction with respect to all matters arising from or related to the implementation of this Order.
6. Any and all computations of or other matters related to time in connection with this Order shall be governed by Federal Rule of Bankruptcy Procedure 9006. Notwithstanding any provision contained in this Order or the possible applicability of Bankruptcy Rules 6004(g), 7062, 9014, or otherwise, (a) the terms and conditions of this Order shall be immediately effective and enforceable upon its entry, (b) all of the provisions of this Order shall be self-executing, and (c) the automatic stay of orders authorizing the sale, use, or lease of property of the estate, to the extent applicable, shall not apply to the Order.