AMR can abandon pilots' union contract -judge

[enuffalready]

On sale at Amazon...read it and weep boys...we are all f#ckd...Romney/Obama, doesn't matter, as good as we have it at SWA, even with all the acq/merger bitchn...we are one CEO away from this..

Retirement Heist: How Companies Plunder and Profit from the Nest Eggs of American Workers


The story begins in 1999 after the stock-market run-up in the 1980s which left corporations with over $250 billion in excess pension fund assets, aided also by years of downsizing and 1990 and 1974 laws limiting raids on fund surpluses and requiring adequate funding. Many of the corporations hadn't contributed to their pensions in over ten years, yet had enough assets to cover all current/future retirees to age 100. Their lobbying then allowed new uses for those monies.

Bell Atlantic then used $3 billion to finance early-retirement benefits for 25,000 managers being let go, and Verizon (its eventual successor) continued the practice - the result, combined with a relatively small market decline, was the surplus fell from $24 billion in 2000 to $1.7 billion in early 2005. It then froze the pensions of its 50,000 management employees, withdrew another $5 billion, and by early 2011, when the market was higher than in 2000, the plan had a $3.4 billion deficit. Delphi, Delta, Ford, G.M., and United acted similarly; most then passed their underfunded plans off to the government's PBGC, which in turn further cut many of the employees' pensions per law.

Companies also tapped pension plans to pay retiree health benefits, previously covered on a pay-as-you-go basis. DePont was the first, folowed by Allegheny Technologies, Florida Power & Light, Prudential, U.S. Steel, and others. Again, two major firms - Allegheny Technologies and U.S. Steel, then dumped their diminished pension funds on the PBGC.

M&A activity, as well as spin-offs have enabled companies to convert surplus pension assets to cash. For example, G.E. sold an aerospace unit to Martin Marietta in 1993, along with its 30,000 employees and $1.2 billion in pension assets - about $531 million overfunded. By getting a better price because of the surplus it was able to pocket the $500 million. After doing this dozens of times, its $24 billion 1991 surplus became a shortage of $6 billion in early 2011 - despite a substantial interim market rise. DOD then sued because it had funded the G.E. workers' retirement funds and was supposed to get a refund if the unit closed (Martin Marietta subsequently closed it, and DOD labeled the transaction a 'sham'). Courts have ruled that even surplus employee contributions can be disposed of this way.

Transferring executive retirement benefit costs to employee pension funds via loopholes is another common technique. Intel saved $200 million doing this; Johnson Controls, Parker Hannifin, PMI Group, and others did so; again, some are now underfunded.

Terminating pension plans via other loopholes that involve setting up a replacement 401(k) has been used to help pay corporate creditors instead of full pensions. Think Enron, Occidental Petroleum, Wards, etc.

AT&T, A&P, Boeing, BofA, Cigna, Dana, IBM, Georgia-Pacific, Hershey, and many others have frozen benefits earned under existing plans, and replaced them with new, reduced plans going forward. Cigna was caught lying, telling employees that pensions were being 'enhanced' and not saving the firm any money - the case is still in court. IBM similarly tried to cover up the impact of its changes - dogged employees, however, proved their case and forced a partial reversal. Shultz also points out that most short-changed employees opting to take a lump-sum payout.

In 1998, over $1 billion of G.E.'s $13.8 billion in pretax profit came from pension plan manipulations (eg. changed assumptions about earnings, reducing pension and health care benefits). Executive pensions at G.E. total $6 billion, hidden in the pensions for regular workers (15% of the total). Utilities have been caught trying to justify rate increases by making unjustified assumptions about the rate of health care cost increases, etc.

Companies buy life insurance on workers because the money grows tax-free, and the benefit payout goes to the company tax-free.

Medicare's prescription drug benefit originally allowed companies to receive a subsidy of 28% of whatever was paid for each retiree (up to $1,330/year/retiree) - even if the retiree paid the entire amount. Many companies also stopped paying the benefit while collecting this subsidy. Regardless, accounting rules required booking the anticipated future subsidies as an asset, and when this practice was stopped (effective 2013) in ObamaCare, they booked large charges to reduce those assets - AT&T - $1 billion, Caterpillar - $240 million, Deere - $220 million, and Verizon - $970 million. Fox News, etc. then alleged these were 'new' costs, which of course they were not.

Bottom-Line: Politicians and CEOs claim entitlement spending in America is out of control and dragging down our economy. 'Retirement Heist' debunks that allegation; the near disappearance of defined benefit private-sector pension plans didn't HAVE to occur. Readers will be amazed at how important financial engineering of pension and health-care benefit funds are to corporate profits, and the gaming that goes on, at employee expense.

why anyone would negotiate that a company deposit money on your behalf into a pension has and will always be stupid. Why not negotiate that the company pay you that money directly? why not negotiate the company contribute that same amount to your 401k instead? The individual doenst have much choice but why in the heck a Union would negotiate that vs direct pay is just ignorant.... then you don't have to cry victim when the money is gone

 

[Copydat]

why anyone would negotiate that a company deposit money on your behalf into a pension has and will always be stupid. Why not negotiate that the company pay you that money directly? why not negotiate the company contribute that same amount to your 401k instead? The individual doenst have much choice but why in the heck a Union would negotiate that vs direct pay is just ignorant.... then you don't have to cry victim when the money is gone

Because, assuming the pension plan will remain solvent (which was the case for our grandparents generation), a pension plan puts the risk on the company where a 401 puts the risk on the worker.

 

[T-1GUY]

I'll be the first to admit that I know nothing about the rules governing a strike, cooling off periods, etc. But I have a few questions:

What keeps the pilots from going out on strike and what would the repercussions be?

I am aware of the ruling against the AA pilots and the fine associated with their "sick out". With this in mind, if a "sick out" took place, it would seem the timing for one would be better then in past. It seems that now there is pressure by the creditors to come to an agreement of some sorts.

If the pilot group is later found to be guilty and fined, what would keep the Union from filing Bankruptcy in order to avoid the financial repercussions?

I don't pretend to be a lawyer, but some interesting thoughts are running through my head...

 

[mesaba13]

Didn't they go after the pilots personally and not the union?

 

[xjhawk]

in the two airline bankruptcies I have been in, it was my understanding that the workers only have 1 leg to stand on and both hands tied behind their back during the boxing match. The thing I was told was that the only airline employee group to have their contract cancelled and work rules forced on them were the Eastern pilots. And the outcome of that is a clear message to any investor. Other than that-the union will tell you that there will be no illegal work actions-but it would be in your best interest to follow IAMSAFE very strictly.

Not sure if what I heard was true-the first mesaba bankruptcy was a Sham, total fake bankruptcy and yet we still had to take cuts. Now in my second bankruptcy and the company would be profitable if it were not for consultants and attorney costs. Another Sham of a bankruptcy and yet I am sure we will take cuts.

 

[nwaf16dude]

why anyone would negotiate that a company deposit money on your behalf into a pension has and will always be stupid. Why not negotiate that the company pay you that money directly? why not negotiate the company contribute that same amount to your 401k instead? The individual doenst have much choice but why in the heck a Union would negotiate that vs direct pay is just ignorant.... then you don't have to cry victim when the money is gone

Because historically, a professional pension manager controlling a billion dollar fund has done better than the average 401K individual investor. In fact, they did so well that pension funds became profit centers for big corporations before the managers decided to raid the pensions. I could explain further, but you really should just read the book. It's a real eye-opener.

 

[cheapgreek]

Time to shut it down, and show Horton who actually runs the airline on a day to day basis.

No time for a childish temper tantrum. Alienating customers will only come back to bite you. Its not the person who buys a ticket on AA that did this, so why take it out on them? All of us had better get used to the new normal. As far as the brass getting high salaries, that's not about to change, all that can be hoped for is a reduction in the uppers levels of dead wood.
In today's economy, where is a pilot going to get a job? UAL is cutting back on flights and oil is not going down.
Keep your cool and don't do anything to cause passengers to look elsewhere for their travel needs. They are your source of bread and butter.

 

[Flyby1206]

No time for a childish temper tantrum. Alienating customers will only come back to bite you. Its not the person who buys a ticket on AA that did this, so why take it out on them?

Spirit airlines is the most profitable airline in the US. That gives you an idea how much customers really give two poops about service/comfort/etc. They care about cheap price, or at legacy level they care about frequent flier perks.

All of us had better get used to the new normal. As far as the brass getting high salaries, that's not about to change, all that can be hoped for is a reduction in the uppers levels of dead wood.

Upper level managers and VPs didnt always get big bonuses and salaries 30x larger than the average employee wage. So that changed, lets change it back.

In today's economy, where is a pilot going to get a job? UAL is cutting back on flights and oil is not going down.
Keep your cool and don't do anything to cause passengers to look elsewhere for their travel needs. They are your source of bread and butter.

Lets assume AA goes Chap 7 tomorrow. There will be a HUGE vacuum of air service and it WILL be filled very quickly by UAL in ORD/LAX, DAL in MIA/DFW, and a host of other carriers through the country. They will be in dire need of pilots. Not to mention the daily emails I get for overseas airlines desperate for pilots.

 

[enuffalready]

Because, assuming the pension plan will remain solvent (which was the case for our grandparents generation), a pension plan puts the risk on the company where a 401 puts the risk on the worker.

I know the difference....my point was if you don't want to take the risk yourself and you give up control of the proceeds.......then you give up control of proceeds...both good AND bad.

The real reason most union shops do this is to hide compensation. They can't just come out and say we want $30 an hour more, so they just negotiate funds to be deposited on your behalf. The management agrees because they get use of those funds in the meantime...problem is you give up control...you only have yourself to blame for negotiating it in the first place. Just dumb.

 

[scoreboardII]

Heard a story about a check airman that asked a Captain why he had both engines and the APU running. Captain responded, "if I had more engines, they'd be running also".

I think what he really said when asked was "I only have three running cause I only have three".