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UMWA legal representative Fred Perillo told Reuters that the nation’s largest industry union would be forced to take the action if the deal was nullified.
He said the union was doing everything possible to reach a mutual agreement.
Among Patriot’s requests in the case are labor cuts totaling more than $150 million, including changes to healthcare benefits, negated pension contributions and lower pay.
This and other decisions related to Patriot’s future are in the hands of bankruptcy judge Kathy Surratt-States, who is hearing the case.
Should she approve the cuts, Perillo said, the union would move ahead with a strike.
“No contract, no work,” he reportedly said in closing arguments on Friday.
Patriot chief executive Bennett Hatfield told Reuters that the attorney’s remarks were ill-judged.
“It's a poor time to be throwing out threats,” he said.
“I think reasoned judgment will prevail when it comes to workers retaining their jobs in this environment.”
Surratt-States has until May 29 to rule judgment in Patriot’s Chapter 11 case.
If no cuts are taken, Patriot said, it would likely be forced to liquidate.
The bankruptcy case is In Re: Patriot Coal Corp, US Bankruptcy Court, Eastern District of Missouri, no 12-51502.
