Judge blocks Mesaba workers from striking

A bankruptcy judge provided hope for Mesaba Aviation Inc. by blocking a threatened strike by unions, but said the next step toward keeping the airline alive will be up to the carrier and its employees.

However, no talks were scheduled between Mesaba and the unions as the feeder for Northwest Airlines Corp. prepared to negate its labor contracts and impose cost cuts on Thursday.

Monday night's ruling by U.S. Bankruptcy Judge Gregory Kishel left Mesaba's pilots, flight attendants and mechanics outraged, disappointed and vowing to appeal.

"We do not agree in the least with this ruling and we intend to continue to fight for ratified consensual agreements ... on all legal fronts," said Tom Wychor, chairman of the Air Line Pilots Association.

"We are ready and willing to continue to negotiate with Mesaba management on a deal because that is the only way this airline will survive," Wychor said.

Pilots will follow the court's order as they appeal, but they'll be looking for other jobs, he said.

"The turnover rate at Mesaba is already a liability to Mesaba's future success -- and if they choose to impose now, it will be the airline's undoing," Wychor warned.

Mesaba, which has been reorganizing under bankruptcy protection for a year, had said a strike would probably put it out of business.

Kishel's injunction prohibits the pilots, flight attendants and mechanics from encouraging, permitting or taking any type of work stoppage action, including a strike, "sick-out, slow-down or other concerted refusal to perform normal employment duties."

In his 40-page ruling, Kishel said there is never enough to go around in a Chapter 11 bankruptcy case. He said Mesaba was not in a position to make the kinds of cuts the unions were insisting on.

"There is still hope for this company, but turning that to reality is once again up to (Mesaba) and the unions alike," the judge said.

Carla Rogat of the Association of Flight Attendants said she was extremely disappointed.

"However, it's not over. It's just beginning," Rogat said. "It will be appealed and it will be a black fog that clouds their restructuring."

Mesaba employees will continue to do their jobs and operate a safe and courteous airline as they work through the appeals process, she said.

Mesaba spokeswoman Elizabeth Costello said the airline would try to negotiate agreements with the unions this week, but would impose cuts on Thursday if no agreements are reached.

"We have worked diligently to address the unions' concerns and we are hopeful that they will step forward now and address the company's needs," Costello said.

Mesaba has said it needs the pay cuts so it can compete with other regional carriers for business from Northwest. It has been backed into a corner by a combination of its fear of a strike if it makes cuts unilaterally, and a threat by its creditors to liquidate the company if it doesn't achieve those cuts.

Mesaba's pilots, flight attendants and mechanics argued in court last week that the grave consequences of a potential strike don't mean it should be blocked. They cited the Norris-LaGuardia Act, a piece of labor law that they argued generally bars judges from blocking strikes, even when the nation's transportation system is threatened.

Mesaba argued that Kishel could block a strike that would violate the Railway Labor Act, as they said this one would.

Mesaba, a unit of MAIR Holdings Inc., filed for bankruptcy protection in October 2005, about a month after Northwest -- its only major customer -- did the same thing. The carrier once boasted a fleet of roughly 100 aircraft, including regional jets, but Northwest has slashed that to 49 prop-driven Saabs. Mesaba flies to about 86 cities, funneling passengers into Northwest hubs in Minneapolis, Detroit and Memphis.

By Joshua Freed, AP Business Writer

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