Defendants AMR and American are Debtors in the pendin2. Chapter 11proceeding,
In rc .(111
Ch. 11 Case No. 11-15463 (SHL). Plaintiff APA is aparty to the Debtors bankruptcy case and has been designated as a member of the Unsecured
Creditors Committee in that case.
APA and American concluded their first collective bargaining agreement("CBA") in 1963. Since that first contract, the parties have negotiated and administered a seriesof successor CBAs covering terms and conditions of employment for pilots employed atAmerican. The parties' most recent comprehensive CBA (also referred to as the "Agreement" orthe "2003-2008 CBA") was a five-year contract beginning May 1, 2003.
Section 26-C of the 2003-2008 CBA, the general "duration" clause, defined theCBA's five-year contract term as effective from May 1, 2003 until May 1, 2008: "ThisAgreement shall become effective May 1, 2003, except as otherwise dated herein, and shallcontinue in full force and effect until May 1, 2008." Section 26-C provided that the 2003-2008CBA would "renew itself without change until each subsequent May 1 thereafter, unless writtennotice of intended change is served in accordance with Section 6, Title I of the Railway LaborAct, as amended [45 U.S.C. § 156], by either party hereto at least sixty (60) days prior to May 1,2008, or May 1 of any subsequent year." Section 26-D of the 2003-2008 CBA further provided
such a Section
6 notice and commence the
neuutiation process after
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006. hut prior to \la\ 1. 1?MtN. with sixty (61)da \ ‘; prior written notice hv either part \ , the parties \yin commence neuotiations in accordance
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