Today the TWU submitted its response to (i) the motion of the AMR Retirees Pension Protection Corp. (“ARPPC”) for entry of an order appointing an official committee of retired employees pursuant to section 1114(d) of title 11 of the United States Code (the “Bankruptcy Code”), and (ii) the motion (Docket No. 1132) of the Ad Hoc Committee of Passenger Service Agents for appointment of a retirees committee pursuant to 11 U.S.C. § 1114(d) (collectively, the “Motions”) not take a position on the Motions but to confirm that should the Court direct the appointment of a retiree committee pursuant to section 1114(d) of the Bankruptcy Code, the TWU elects to serve as the representative of TWU-represented retirees and would seek to participate, through a designated representative, as a member of such committee.
The official committee of unsecured creditors (the “Committee”) submitted its limited response to those Motions to state that if the Court granted the Motions and determine that a section 1114 retiree committee is needed at this time, the Committee requests that only a single retiree committee be appointed to serve as the “authorized representative” for retirees whose section 1114 benefits may be modified as, according to the Committee, a single retiree committee, populated by a small but diverse group of representatives, including, without limitation, representatives of those unions willing to serve as the authorized representatives of retirees formerly affiliated with their union, would adequately represent both non-union and union retirees. Moreover, a single retiree committee would lessen the financial burden on the Debtors and their estates and provide for focused, efficient negotiation of any modifications to the retirees’ benefits.
Lowenstein Sandler PC
Sharon L. Levine
S. Jason Teele
Nicole Stefanelli