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Archive through December 26, 2009Badlionsfan30 12-26-09  09:33 am
         

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Luftkoph
Posted on Saturday, December 26, 2009 - 11:58 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

there aren't any union flat bed companies.
there is one pulling drywall out of national city mi.
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Badlionsfan
Posted on Saturday, December 26, 2009 - 12:45 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Who is it? I guarantee they aren't in the NMFA and have a white paper contract that isn't worth the paper it's written on, just like the teamsters contracts Alvan had and Penske Logistics has.
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Luftkoph
Posted on Saturday, December 26, 2009 - 05:34 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I can not remember the name it might be jefferson or national trans
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Ferris_von_bueller
Posted on Saturday, December 26, 2009 - 05:47 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

I can see not giving a thirty day notice but to tell the drivers to park the trucks wherever they are?...come on, at least let them finish their run and return home.
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Court
Posted on Saturday, December 26, 2009 - 09:52 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Non union Buell employees got 3 month notice . . 3-6 months severance pay and job placement.

Looks to me like the teamsters contract sucks.

They should get better negotiators.
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Badlionsfan
Posted on Saturday, December 26, 2009 - 10:08 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Again, it's a difference in the types of businesses and the situation.

Buell had a parent company (HD) that was shutting down their division. If a freight company decides to shut down part of their opperation, then the notice rules go into effect. If a company goes bankrupt, there's no one to go back on for not giving a shut down notice. The company has no money, all credit lines have been exhausted. What can a union do at that point?

I'm not saying it's a good thing, but it is reality.
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Davegess
Posted on Saturday, December 26, 2009 - 10:09 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

If one of your creditors goes to court and asks for involuntary bankruptcy you have little choice. The shut you down immediately and all you assets are frozen Folks don't get paychecks and the sheriff comes and puts padlocks on the doors. Any union contract or plant closing law is simply useless at that point. Those things only help if the company is still operating shutting down your plant.
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Badlionsfan
Posted on Saturday, December 26, 2009 - 10:42 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Well said Dave. Explained it better than I could.

You should be an author or something. : )
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Court
Posted on Saturday, December 26, 2009 - 10:52 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

>>>Well said Dave. Explained it better than I could.

Basically the point I am making . . the notice provisions, as I stated in my first post, have NOTHING to do with union or non-union.
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Ferris_von_bueller
Posted on Saturday, December 26, 2009 - 11:11 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

Wait a second. I believe there is a 20 day period between the filing by your creditors and the proceeding of the involuntary bankruptcy. "The debtor can resist the involuntary petition by filing, within 20 days, an opposition that disputes the issues of whether or not he is paying his debts as they become due, and/or that the debts are subject to a bona fide dispute."

1. Until an order for relief is filed by the court, the debtor can continue to operate as if an involuntary petition had never been filed. The Bankruptcy Code does contain provisions whereby a trustee can be appointed on an interim basis. However, the creditors have to prove “gross mismanagement”, which is difficult.

2. During the “gap period” between filing the petition and the court’s order for relief, the debtor does not have the rights of a debtor-in-possession. Thus, while creditors may need to extend credit during this period to keep the debtor afloat, they cannot secure this credit by super-priority liens (liens that take priority over other liens).


Seems like time enough to get your people home !!!
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Badlionsfan
Posted on Saturday, December 26, 2009 - 11:31 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only)

 

Court
Posted on Saturday, December 26, 2009 - 10:52 pm:       
>>>Well said Dave. Explained it better than I could.

Basically the point I am making . . the notice provisions, as I stated in my first post, have NOTHING to do with union or non-union.

Exactly. It has to do with the business in question and their circumstances.

The greatest contract in the world becomes worthless when one of the parties ceases to exist.
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