Mar 05, 2003 (Chicago Tribune - Knight Ridder/Tribune Business News via COMTEX)
-- United Airlines lost $382 million in January, but its remaining pile of cash
barely declined thanks to drastically reduced employee wages.
The Elk Grove Township-based carrier ended January with $1.78 billion in cash,
down less than 2 percent from $1.81 billion on Jan. 1. That's good news for the
nation's second largest airline, which filed for federal bankruptcy protection
from creditors in December.
After the filing, United's pilots, flight attendants and salaried employees
agreed to temporary wage cuts to help the carrier through the immediate crisis.
A bankruptcy court judge later imposed similar cuts on United's mechanics.
Separately, some good news for United from the Internal Revenue Service may be
bad news for the company's employee owners.
In a private letter to United, the IRS said the sale of an additional 3.9
million shares of employee-owned stock would not jeopardize United's ability to
use massive tax-loss carry-forwards when it emerges from bankruptcy.
The sale of stock in United's employee stock ownership plan by the plan's
trustee, State Street Bank & Trust, had been halted after the bankruptcy court
judge issued an injunction at United's request.
If all the 3.9 million shares are sold, the percentage of employee ownership at
United could fall below 20 percent, the airline said Tuesday. That would trigger
the so-called sunset of the ESOP, which was not anticipated to occur for many
years as employee owners retired and cashed in their shares.
When the sunset occurs, the pilots and machinists unions at United would
continue to hold one board seat apiece. But their "super-veto" powers would go
away.
Under the original ESOP, the board members representing those two unions could
veto certain important actions such as acquisitions, divestitures and the
appointment of a chief executive. But to be able to use the super-veto, the
pilots' and machinists' representatives had to vote together.
In the past, the super-veto was the union's trump card over major management
decisions. For instance, it could have been used to prevent United's management
from selling off pieces of the airline or buying another carrier.
"If sunset happens, certain rights are going to be lost," said Elliott Sloane, a
spokesman for the Airline Pilots Association at United. "We are still opposed to
the sale of the shares that were negotiated as part of the collective bargaining
agreement, and we are disappointed the company endorsed and supported this
ruling by the IRS."
Still, United's common shares are likely to be wiped out as part of the
company's reorganization, prompting the sunset of the ESOP anyway. Even if some
form of employee ownership is reconstituted at a new United, the super-veto
power almost certainly will go away, union leaders admit, so its loss now
doesn't really mean all that much.
United's shares closed down 8 cents to 98 cents on the New York Stock Exchange
Tuesday.
By Susan Chandler