UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORKIn re
hapter 11 Case No.
AMR CORPORATION,
et aL,
1-15463-SHL
Debtors.
Jointly Administered)ALLIED PILOTS ASSOCIATION,
Plaintiff,
V.
dv. Proc. No.
AMR CORPORATION and
AMERICAN AIRLINES, INC.,
Defendants.
COMPLAINT FOR EXPEDITED DECLARATORY RELIEF
Plaintiff Allied Pilots Association ("APA"), the certified collective bargainingrepresentative of pilots employed by American Airlines, Inc. ("American" or the "Company"), asubsidiary of AMR Corporation ("AMR" or the "Debtor"), brings this Complaint for adeclaratory judgment pursuant to 28 U.S.C. § 2801. APA seeks a declaration that because themost recent collective hargitining contract between APA and American expired by its terms wellbetOre the tiling. of this Chapter 11 proceeding I ) there is no comprehensive collective
kirgill1111W
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th the APA thit could be
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reiccted
-
under i
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§ I ll
l)obtor
ta
1021 i.110
,
;e
clilplovment
conditions orAmcrican
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,
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H"n'ol"Ont;
and (3`
erican. and
ilots as to w hichti
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tcre.
11-15463-shl Doc 1481 Filed 02/28/12 Entered 02/28/12 13:49:35 Main DocumentPg 1 of 7
APA are obligated, instead, to continue complying with the provisions of the Railway Labor Act,
45 U.S.C.
51-188 ("RLA").
JURISDICTION AND VENUEThis Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 157, 1331,1334 and 1337, and the district court's Standing Order of Reference re Title
11,
because it arises
under the RLA, a federal statute affecting interstate commerce, and it arises in and/or is related tothe pending Chapter 11 case involving the defendants,
In re AMR Corporation, et al.,
Ch. 11
Case No. 11-15463
(SHL).
2.
enue in this judicial district is proper pursuant to 28 U.S.C. § 1391(b) and (c),because American does business in this judicial district and is subject to personal jurisdiction in
this district.This action is a core proceeding.
THE PARTIES
4.
Plaintiff APA is an unincorporated association and labor union which has beencertified by the National Mediation Board ("NMB") as the collective bargaining representativeof airline pilots employed by defendant American and is therefore a "representative" under theRLA. 45 U.S.C. § 151, Sixth. The APA's headquarters are located in Fort Worth, Texas.
5.
Defendant AMR is a Delaware corporation with its headquarters located in Fort
Worth, Texas.
6.
Derendant American k a Delaware corporation and a
--
onnmon carrier by air
enacd in inteNate and tOrcip commerce
s
\ !thin ihe meaning
or the RIA.
45 U.S,C, § 181.
American I icadq u itcr. iC
icatLd in Fort VV:)rth,
2
11-15463-shl Doc 1481 Filed 02/28/12 Entered 02/28/12 13:49:35 Main DocumentPg 2 of 7
7.
Defendants AMR and American are Debtors in the pendin2. Chapter 11proceeding,
In rc .(111
s
Corporation, et
al. ,
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.
GENERAL ALLEGATIONS
8.
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.
9.
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
that either
party c
ould issue
such a Section
6 notice and commence the
neuutiation process after
\ lav 1. 'Hot):
-
At WI% lime lllown \ lay 1,
1
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
Section
ith.:
T
a
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