Interesting Exchange Between APFA, Lawyers and Judge Lane
The following is a Tweet released by the APFA from May 17th hearings:
Cross examination begins
Company's attorney - "it's true isn't it that a percentage of the overall ask at US Airways and United is more than what AA FAs gave in '03."
APFA's attorney - objection. foundation.
Judge: the level of granularity in '03 is not relatively helpful. I understand the basic facts about 2003. I do not know what you want me to do with these numbers. Unless someone can explain why it's cogent (compelling)... Does anyone want to take that on? Judge is asking the parties. I'm not saying that the history of negotiations is irrelevant. It is. But it's been gone into with almost every witness. And now, the statistical analysis is beginning to get frustrating. There are trees and there's a forest. If you'd like to give me some type of explanation to tell me what I should take from this, or I'll have to pipe up whether there's an objection or not.
APFA's attorney - We are making sure that you understand the amount FAs have already sacrificed in '03 and compounded over the years...
Judge - not trying to exclude but we've been over this in painful detail. I didn't realize it could be even more painful. If there's a specific legal argument please tell me.
APFA's attorney - what each stakeholder has given to date is relevant. What they gave to avoid bankruptcy... (Judge getting frustrated) In comparison to other stakeholders (Judge getting more frustrated). If those concessions from '03 are still in place today - labor gave $3billion every year for 8 years. No other stakeholder has made a financial sacrifice, that seems to us to speak to the treatment of the flight attendants and labor at AA, than us.
Judge insists that he is unable to look back analyze a decade to see what they were doing at all the other airlines and what they have done... I don't want to provide false hope about what I'm willing to hear. I don't believe '03 is an appropriate baseline. I don't want to hear the background.
Other than what's been presented already, using '03 as a baseline, there's no basis in 1113 case law to allow that.
APFA's attorney - the percentage the FAs are behind added to the $230 ask in the Term Sheet is devastating to the FAs.
Judge - I understand what happened in '03. But I reject that as the baseline for my 1113 analysis. Please both parties - tailor your examination of the witness to present day.