Northwest Airlines v. Association of Flight Attendants

1. Northwest Airlines v.Association of Flight Attendants • Approval by bankruptcy court of NWA changes to AFA CBA under Section 1113 of bankruptcy code of NWA alters old CBA • Bankruptcy court-approved rejection of CBA by employer terminates status quo under RLA (Sec. 2, First and Seventh) and relieves them of duty to maintain status quo • Court-approved rejection does not relieve parties of duty under RLA (Sec. 2, First) to make “every reasonable effort” to make agreements and by making extensive use of dispute resolution procedures prior to striking where NWA not bargaining in bad faith and continues to be willing to bargain • “every reasonable effort” • Persuasion of its members • Take into account duty owed public • Dispute resolution procedures • Seek assistance of NMB • Concurrence • Majority decision does not explain why AFA can’t strike if NWA rejection terminated status quo • Not a unilateral rejection because it was approved by bankruptcy court; therefore can’t strike

2. Implications • Court approved changes under bankruptcy law create a new collective bargaining agreement and a new status quo from which parties must negotiate • Court-approved changes under bankruptcy code have effect of a mutually-negotiated collective agreement