UAL Corporation and Subsidiaries - Page 42




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          diem allowances, and the employees did not report the per diem              
          allowances in income.                                                       
               Where the tax consequences differ for the characterization             
          of expenses as either travel or compensation, the                           
          characterization of the expenses by the parties should be adhered           
          to.  The majority opinion simply negates the bargaining positions           
          of United, on the one hand, and of the labor unions and the                 
          employees, on the other, to pay and to receive travel expenses,             
          not compensation income.                                                    
               In his concurring opinion, Judge Thornton is correct to ask            
          what was bargained for between United, its employees, and the               
          unions.  The answer, however, is explicitly provided in the                 
          stipulated facts –- per diem travel allowances, not compensation.           
          Paragraph 13 of the stipulation of facts states the following:              

               Because pilots and flight attendants continuously                      
               traveled for United, requiring specific documentation                  
               for meals and incidental expenses would have been                      
               administratively burdensome.  The per diem arrangement                 
               was thus designed to reimburse the employees for meals                 
               and incidental travel expenses, without requiring them                 
               to retain and submit receipts for each individual                      
               expenditure.  [Emphasis added.]                                        

               The fact that for the administrative convenience of United             
          and the employees the per diem allowances were computed on an               
          hourly basis does not convert the allowances into something other           
          than travel expenses.                                                       







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