martes, 3 de septiembre de 2013

They are manufacturing of the Mexicana’s bankruptcy

National The judge has the support of the union of the airline They are manufacturing of the Mexicana’s bankruptcy By: Carlos Damian August 15, 2013 The State places obstacles for the rescue of the air icon of Mexico Mexico. - The federal judge Felipe Consuelo Soto (FCS), in charge of the mercantile competition of ‘Mexicana de Aviacion’, it solved last Tuesday (11/15/11), of postponing the one of February of 2012, the date of crash of the airline. Which conquered the midnight of last Tuesday, and then that it detected an inconsistency in the count carried out by the SCT, on an extension to the period of reconciliation, emitted in passed March. On the other hand, manager Ivan Barona (IB) who has been placed as the viable handout to capitalize the airline in recent dates, he/she informed that the past 13 of November began the transfer of 400 million dollars dedicated to the rescue of Mexican, process that could conclude today (11/16/11). The extension to achieve the salvage of the company and the beginning of the transfer of funds for its recapitalization happens with the backdrop of diverse signs about the behavior of the SCT in the negotiations of rescue of the company: last week, the own judge FCS denounced the juridical matters’ director of the dependence for hostile treatment, Adolfo Sanchez Henkel (ASH) (for the federal government's watchword), against the own IB during the meetings carried out in the headquarters of the secretary. In that same document, the magistrate made reference to “catastrophes interests " (and bastard) of the airlines benefitted with the exit of Mexicana of the air transport, and he affirmed that some managers have been threatened so that they don't invest in the airline, “because they will never allow them to fly", situation that he would explain the retirement of the offer presented by the Atlantic Med Group. On Monday (11/14/11), the union of workers in earth of Mexicana denounced that the own ASH had requested to the Council of the Judicature the referred judge's removal, in reprisal to have ventilated the mentioned irregularities. To the margin that the transfer of economic resources is completed for the rescue of Mexicana, they strengthen the indications that the main obstacle for the renewal of its operations is not the lack of investors, but working not very transparent of the federal government for conduit of the SCT. The sought interest of the Calderon’s authorities in that the “aeronautical company flies as soon as possible again” is denied once and another one such a rhetorical fallacy by the unjustified reduction of the legal terms to take finish the rescue, for discretionary demands to the potential investors, such as the requirement of giving a million dollars to the secretary (SCT) in “guarantee of seriousness". The question for who will be the given money –to corrupt official that is behind the obstacles of the Calderon’s government - with discretion and without guarantee that it is returned to the investor. The judge is the only one that assists the workers' interests In this context of obstacles made by ‘bastard interests’ watchwords it is the intention of removing, to 14 months of initiate the mercantile competition, to the judge in charge of that juridical process - administrative, in particular it affects FCS. The attitude assumed up to now by the federal authorities has operated, in sum, as dissuasive for the multiples groups of investors that have manifested interest in the aeronautical company, and it has ended up benefitting its national competitors and the consortia air foreigners. In contrast, to more than one year of the company’s bankruptcy, the balance has been devastating for those more than 8 thousand workers of Mexican, and that they have been punished by the federal government when being deprived to the workers and its families of a fixed entrance, during the whole time that the production of the company’s collapse has lasted, for hate of the federal government to a company that is icon of the air advance of Mexico. For the group of the users of airlines that they have suffered the rise in the price of 40 percent on the average in the cost of the airplane tickets, and for the national economy, in the measure in that the ceasing of operations of the airline has represented the decrease in the presence of Mexico in diverse international airports. The federal judge FCS, in charge of the mercantile competition of ‘Mexicana de Aviacion’ notified on Tuesday (11/15/11) to the parts interested in that litigation that will be in the first minute of the next one February 10 when it concludes the term so that it is carried out the rescue of the airline or the bankruptcy is summed up. In turn, the Council of the Federal Judicature (CJF) he denied this Tuesday that an administrative complaint had been presented against the judge. Last Monday (11/14/11), Miguel Angel Yudico, leader of the National union of Workers of Transports, Transformation, Aviation, Services and Similar (SNTTTASS), it denounced openly that the SCT is exercising pressure against judge FCS, and it assured that the juridical department of that dependence had requested its removal by means of an administrative complaint. Of their side, near sources to FCS indicated that although the judicial official has not received official notification of the possible complaint in his against, it already consulted with a juridical office to construct his administrative defense in case it requires demonstrating that its performance in the matter of Mexicana has been attached to right. This situation is presented due to the great quantity of ‘catastrophes interests’ that they have been summoned to stop all the possible roads to solve the conflict and the workers of Mexicana can to have wages, and the national users of fair air rates can have, that which is contrary to the federal government's interests. The bankruptcy of Mexican is only question of days In previous days judge FCS made public that it perceives ‘sinister interests’ of the airlines benefitted with the exit of Mexican, and it sustained that he knows that some managers have been threatened so that they don't invest in the airline. On Tuesday the judge recognized that it is not usual that a mercantile competition lasts so much time; however, in this case it has been considered the importance of the company. It indicated that it is probable that in next hours it is announced openly that money already exists for the rescue of the airline. "Today possibly, or in next hours, become public that there is a certification that money exists and that it is labeled so that it can only be used for the rescue of Mexicana", it indicated. He added that it maintains a good relationship with the SCT, and it reiterated that their performance has been attached to the trade norms that establish the requirements for a mercantile competition. In another agreement, judge FCS required yesterday to the Secretary of federal Public Security, Genaro Garcia Luna, and to the government‘s boss of the Federal District, Marcelo Ebrard, so that they explain the reasons of the expulsion, of pilots of that airline during diverse manifestations the past 9th of November. The judge required the officials so that in a term not bigger at 24 hours they send a second report about the facts. On the matter it exposed that “the most important and indispensable function inside a State that boasts of being protective of the human rights", it is that the authorities “supervise that acting of their agents is adjusted or coordinate with the international treaties of human rights". If the government has refused in multiple occasions to rescue Mexicana with public money, them less than it would be necessary to wait it is that, inside the picture of the law, it granted all the facilities and supports to the private investors so much national as international, interested in taking out ahead to the airline. On the other hand, the attitude assumed up to now by the SCT makes suspect that the bankruptcy of the company is not necessarily an undesirable scenario for the current administration and it is necessary to wonder if it is reflective of the current government's characteristic indolence, if it is product of a giving up before managerial pressures and of a combine between interests matters and officials of the public administration or is plot against the Mexicana’s workers interests. (La Jornada, economia, p.p. 6-28, November16, 2011).

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