The Mexicana’s workers

National It’s SCT can veto the agreements that present the conciliator: JOE The Mexican’s workers By: Carlos Damian May 21, 2013 It is promoted the "provisional goods kidnapping": Mexicana’s Working México. - The federal judge Edith Alarcon (EA), who carries the mercantile contest of the New Aeronautical Group, postponed for the next 7 of May of 2013, the resolution in the one which there will be of determining if accepting as valid the agreement contestant that offered the conciliator and managing Gerardo Badin (GB), from which will be able be known if Aviation’s Mexicana is recaptured or it is declared in bankruptcy. It were waited (5/2/13), the resolution of the judge EA, but given what is voluminous of the said agreement process of contestant, impartation of justice decided be taken a pair of days more to issue hers resolution. Transcended, according to judicial sources, that each company that integrates the New Aeronautical Group has a different conciliation level. Mexicana of Aviation (MA), for example, it reached agreements with 51.31 percent of their creditors, while Mexicana Inter arrived to 75.71 percent. The minimal percentage of conciliation to reach an agreement contestant is of 50 percent. The contestant agreement is the step that continues to the conciliation stage in this mercantile contest, which until the moment has lasted 32 months. The Communications and Transportation Secretariat (SCT) would veto the agreements contestant that present the conciliating GB to draw from the mercantile contest to MA, because in appearance there is no an investor interested or the judge it has reserved, indicated the attorney of the land workers of MA, Joaquin Ortega Esquivel (JOE). In this agreement in the one which the possible buyers is them requested their proposed monetary, this remains in deposit of National Financial (NF), but they but this money remains in corruptive Mexican hands since if in any moment have the desire of taking money be able to do it with discretion and the laws are permitted them are carried money without giving realizes to it to nobody. The attorney detailed that at this time the workers are to the waiting of the fact that would be exhibited the contestant’s agreements that the conciliator delivered to the court tenth-first of district in civil matter, and if more than 50 percent of the creditors are adhered to them will be obligatory for those which not the may have accepted and then the judge EA will be able to lift the mercantile contest. However it warned the attorney, that the risk is in what the SCT can be expressed against the agreements, because to the have not a defined investor there will not be conditions to reactivate the company neither to who to deliver to hit hem the air operator certificate (COA) indispensable for all airline, and that is delivery after that the company demonstrates that have financial capacity, legal, administrative and technical to operate. The Mexicana’s strategy He explained that until the moment the judge has not been expressed on whether one of the two investors that presented documents to demonstrate that has the resources to draw to MA from the mercantile contest and to reactivate it was accepted, or if none fulfils it praise requirements, even is maintained reserved its identity though the versions are of the fact that one of the parties in MA is Fides and the other the Mexican version of Atlantic Med. "The judge it had be pronounced on the investors but not it has made because is to the waiting of the fact that the SCT veto the agreements contestant. The strategy that it is continuing is good it, because if the SCT vetoes the agreements with the argument of the fact that there is no an investor that make them will be possible and it have one that yes will be viable, there would be other stage". However, it alerted the attorney, it is little probable that the things will be different because the interest of the SCT is that are fulfilled all the legal procedures, but that MA is gone to the bankruptcy. Indicated JOE that with all the acquaintances that may have achieved the conciliator the obligations of MA continue being very high included a fiscal credit that it is not of MA but of retentions that made Bancomext and Banorte Bank, in addition to that now the conditions are most adverse than makes almost three years, when the company entered crisis. It is attempted to reactivate to MA The workers of MA before the Federal Board of Conciliation and Arbitration (JFCA) a "provisional kidnapping of the goods", something which consists in which the conciliator and managing of the company, Gerardo Badin, firm an agreement with pilots, stewardess, working of land, and on the up and up for the JFCA, it will have to solve this resource throughout the week after of the 18 of May, and would be a very convenient exit for the conciliator and for the workers, and that SCT must respect if is that is maintained in their posture of observing the decisions of the rector of the mercantile contest. In so much it is hoped that this day (5/17/13), the federal judge EA, responsible of the mercantile contest of M, is gather to the noon with probable three investors that seek to recapture of the bankruptcy the airline, between them Ivan Barona, who has been rejected at least in three occasions for this court. In other front of this conflict, the integrating of the Association of Retired, Working and Former Working of the Aviation Mexicana (AJ Team), informed that the day (5/16/13), sent a letter to EPN, and to the Work Secretary and of SCT, Alfonso Navarrete and Gerardo Ruiz Esparza, respectively. To request them their intervention "of immediate way" so that is designed a governmental strategy that solutions the conflict, that not only prejudices of direct way to the workers, but also to the users of the air service. JOE detailed that while the process advances with the judge EA, they presented before the JFCA a resource to arrive to an agreement with the conciliating GB, which consists of a “provisional kidnapping of the goods”, based on that the principal interest of this conflict is the right to employment and their preservation. With the "provisional goods kidnapping" the workers would be in conditions of having resources to return to fly. He detailed that according to his estimates will need 87 million of dollars to begin operations and in a year to have 52 planes, but at the same time require that the JFCA admits the proposal, the same as the judge EA, the SCT them observe the grants, deliver the air operator certificate (COA), the brands and is agreed to the decision of the player "as always it has said that will respect their decisions". The attorney JOE said that American Airlines finishes of announcing that obtained a credit for their returned to structure putting its intangible as guarantee, and emphasized that "our goods are appraised in 500 million of dollars and only we need 87 million to begin to work". The attorney of the land workers indicated that Fides And Atlantic Med didn’t remain disqualified as investor in spite of the fact that the judge EA issued an agreement in the one which indicates that none deposited 100 million of dollars that requested the justice’s impartation, but the sample "as investors little serious, because upon having agreements contestants so advanced and important acquaintances could have presented those 100 million in any moment". (La Jornada, politica, p. 22, May 17, 2013).