A judge's decision buys some time for the airline and the flight attendants to work out a deal, but no negotiations are scheduled.
A federal judge on Friday temporarily barred Northwest Airlines flight attendants from going on strike just hours before the union workers had threatened targeted walkouts of certain flights. The decision puts in limbo the question of whether the flight attendants ultimately can strike, and it momentarily spares Northwest fliers the inconveniences of delays.
U.S. District Judge Victor Marrero issued an injunction blocking the strike because Northwest made a "persuasive case" that a delay in any strike was needed while he sorts through complicated legal arguments over whether an airline union can strike during bankruptcy.
Marrero urged the parties to resume negotiations and said he will give them until Wednesday to tell him whether fruitful talks are possible. He said that if they aren't possible, he will decide the case at a date that is difficult to predict "given the complexity of this matter."
But no negotiations are scheduled. The parties have not held any bargaining sessions since flight attendants rejected a second concessionary agreement on July 31.
The bankruptcy judge allowed Northwest to reject its existing contract with the attendants, and the airline imposed pay cuts, benefit changes and new work rules that allowed it to reduce attendant labor costs by $195 million a year.
Under the imposed terms, the union said average pay for flight attendants is $33,000 a year, down from $42,000 a year before the airline entered bankruptcy. In response, flight attendants have been gearing up for a strike strategy called CHAOS, or Create Havoc Around Our System, which uses the element of surprise to target a given flight or series of flights in Northwest's system.
Northwest argued in federal court that an attendants strike could "irreparably harm" the airline and undermine its prospects for successfully emerging from bankruptcy.
"We are pleased with Judge Marrero's decision to grant the preliminary injunction," Northwest CEO Doug Steenland said in a prepared statement. "We remain committed to negotiating a consensual agreement with our flight attendants and hope to accomplish that goal in the near future."
David Borer, general counsel for the Association of Flight Attendants (AFA), said, "We are confident that the judge will ultimately rule in our favor." He cited the legal importance of a 1932 law that limits the power of judges to block employee strikes.
Last week's ruling appealed
Last week U.S. Bankruptcy Judge Allan Gropper issued an opinion stating that federal labor law precluded him from prohibiting a full-blown strike or flight attendant walkouts on selected flights.
Northwest appealed Gropper's ruling -- arguing that federal law governing airline labor relations, specifically the Railway Labor Act, would make a strike illegal at this time.
"The company is willing to spend time, money and resources on litigation when they ought to spend that money on their flight attendants in the form of a new contract," Borer said. He did not characterize Friday's action as a major setback for labor. "We think if the court takes this time to issue a thoughtful decision that can only help us," Borer said.
Julie Hagen Showers, Northwest's vice president of labor relations, said the court's ruling "will protect Northwest's passengers and give the parties time to pursue a voluntary agreement."
Mollie Reiley, interim president of the Northwest branch of the AFA, said that the union already has trained a few thousand flight attendants in CHAOS techniques and that Friday's decision only gives it more time to continue training and informational picketing.
Because the right to strike was put on hold, Reiley said, "it will make the flight attendants angrier" and even more receptive to picketing and CHAOS training.
Attendants picket
About 80 flight attendants, joined by machinists and mechanics, picketed and chanted at Minneapolis-St. Paul International Airport in two separate rallies Friday. Signs warned "CHAOS is coming," and the attendants were clad in lime-green CHAOS T-shirts.
They want to let people know that flight attendants "haven't given up," said Camilla Wolkerstorfer, president of the union's Twin Cities council.
"Actually, I'm glad that he's taking the time to look at all the evidence and making a very educated decision," Wolkerstorfer said. "It just really gives us the luxury of time, as well, to gear up to strike."
Sandy Russell, a flight attendant for 23 years, was on the picket line, too. The Minneapolis resident stressed she can't afford to take a deep pay cut. She mentioned the $12,746 she needs to pay for her 18-year-old daughter's fall tuition at the College of St. Catherine in St. Paul.
Minneapolis-based flight attendant Jarrod Anderson said he's disappointed in the judge's decision but encouraged by his call that Northwest be flexible in its contract demands.
"I think that hopefully sets the tone for Northwest management to go back to the table with flight attendants," said Anderson, a 12-year veteran. "Having been in this situation almost a year, most of us are tired of not knowing what the future's going to bring. A lot of my colleagues are just resigning."
His top priority for a contract is that it be shorter than five years, because he wants to avoid being locked into concessionary terms if the airline's fortunes recover quickly.
Staff writer H.J. Cummins and the Associated Press contributed to this report. Liz Fedor lfedor@startribune.com Joy Powell jpowell@startribune.com
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