Watch: Financial Overview, Review the Bankruptcy Process, more
December 9, 2025
Voting closes in two days with 42.46% participation as of this morning, December 9. Spirit AFA Reps have been in crew rooms or other high traffic airport areas through the close of the vote.
AFA representatives are texting eligible voters or those who could become eligible to remind people to vote and help answer any questions about the voting process.
You can always get any of your questions answered by:
Asking a question at questions@spiritafa.com.
Talking to a union rep in base. Schedule here.
WATCH: Spirit Bankruptcy Ballot Financial Review
Airline economist Dan Akins joined our virtual review meetings to detail Spirit’s current financial position and how our Bankruptcy Conditions Ballot stacks up in relation to other bankruptcy cuts. Watch his presentation now >
Review the Bankruptcy Process
What happens after the vote on the Agreement?
If the LOA is approved it becomes effective on January 1, 2026. This affirms our contract is in full force and effect, including the snapback of the temporary cuts.
If the Agreement does not ratify, the company has indicated that they will file an 1113 motion in the court to abrogate our collective bargaining agreement and ask the court to approve their plan for cuts to the contract. That means that they will likely go to court seeking the original $32 million in cuts without snapbacks.
We would anticipate this would come pretty quickly following the rejection of the Agreement. The statute provides that a hearing will be held within fourteen days of the 1113 motion. Things move very fast in bankruptcy.
Will we get to bargain for a new bankruptcy agreement?
As stated above, the company will move its 1113 motion and at this point the bankruptcy court will take over. There will not be the opportunity to fashion a new agreement in principle and go through another ratification process. Additionally, since the company will likely be proposing more cuts than in any rejected agreement, our efforts would be to try to limit the damage.
What happens if the judge grants the motion?
If the judge approves the motion, the company can impose the exact terms of its final 1113 proposal. The union remains the representative, and bargaining continues, but the day-to-day working conditions shift to the company’s imposed terms. After that point, it is much more difficult to regain what was lost because the imposed terms become the new baseline.
What happens if no agreement is reached before the hearing?
If bargaining does not produce an agreement, the judge can only approve or deny the company’s request. The judge cannot write a compromise or pick the parts they think are reasonable. If the judge approves the motion, the company gains the ability to impose its full proposal. This is why understanding Section 1113 is important when Flight Attendants consider whether to accept or reject the LOA.
Background on Bankruptcy
Introduction
Bankruptcy allows companies to reorganize, and a central part of that process is the ability of a company to break or abrogate contracts when it declares it cannot continue operating under its current obligations. To alter or abrogate a collective bargaining agreement, the company must follow the steps in Section 1113 of the Bankruptcy Code.
What is Section 1113?
Section 1113 is the bankruptcy rule that governs how a company can seek changes to a union contract. Before going to court, the company must make a written proposal, provide financial information to support that proposal, and meet with the union to bargain in good faith. Once the company completes those steps, it can file a motion asking the court to approve the changes if the union and company are not able to reach an agreement.
What standards does the judge apply?
The judge reviews three legal standards, but which offer limited protection for the union.
First, the company’s proposal must be “necessary” for the reorganization. Courts interpret “necessary” broadly. It does not mean the employer’s proposal is the only or least burdensome to employees but rather it is needed for the reorganization.
Second, the proposal must be “fair and equitable,” but this does not require treatment be exactly the same among all groups. It’s also important to note that this means it must treat the debtor, creditor and other parties fairly and does not mean it will be what we would consider fair from a frontline worker perspective. In fact, quite the opposite.
Third, the company must bargain with the union. This does not mean it needs to agree with the union or even lower its overall ask. The company must share info with the union and be responsive to alternatives but the court is not wading into the substance of any negotiations. Overall, the bankruptcy process is set up to allow companies to shed contracts and that includes labor contracts. Our experience and that of other unions is that the bankruptcy courts are employer friendly overall which is why we push to reach a consensual agreement we can shape.
Where are we at in the process?
Management's initial plan was to seek over $32 million dollars from Flight Attendants but with the assistance of finance and bankruptcy experts we were able to get that amount down to $15 million. We were able to reach an Agreement in Principle which limits the impact of the concessions, and includes firm snapbacks and other protections. That agreement is now subject to your vote.
