The union representing machinists at US Airways Group Inc. asked the court overseeing the airline's Chapter 11 bankruptcy case to strike a declaration by David M. Davis, US Air CFO, that the airline cannot meet obligations to its combined $1.67 billion pension plans and survive. Attorneys representing the International Association of Machinists and Aerospace Workers filed Tuesday with U.S. Bankruptcy Court in Alexandria, Va., to strike Mr. Davis' declaration, made Monday as a supplement to the firm's Sept. 13 court filing. Arlington, Va.-based US Air did not make $110.5 million in pension contributions that were due Sept. 15.
The union argued in filing Tuesday that supplemental declarations and replies to objections are not permitted under bankruptcy court rules. As an alternative to striking Mr. Davis' declaration, lawyers for the union asked the court to adjourn a hearing slated for Thursday for at least two weeks to give the union a "sufficient opportunity to study the supplemental submissions, file an appropriate response and prepare for the evidentiary hearing."
Separately, the Communications Workers of America, which represents 6,000 US Airways passenger service employees, on Tuesday objected to US Airways' motion to modify the union's collective bargaining agreement. The airline is seeking to cut contributions to the CWA pension plan.