Union’s Attorney to Appear in Bankruptcy Court on
Tuesday to Challenge Plan
October 7, 2005(Washington, D.C.) – The International Brotherhood of
Teamsters is fighting Allied Holdings, Inc.’s attempt in U.S. Bankruptcy Court
to pay 83 of its executives nearly $4.6 million in bonuses and $6 million in
severance pay.
"We will not stand by without protest and let huge bonuses be paid to the
management that led Allied into massive losses and bankruptcy," Teamsters
General President Jim Hoffa said. "This is an outrage."
"We are saddened, but not shocked, that the same management which will ask
hard-working rank-and-file autohaulers for concessions will then try to pocket
the money themselves," said Fred Zuckerman, Teamsters Carhaul Division Director.
An attorney for the Teamsters will appear in U.S. Bankruptcy Court for the
Northern District of Georgia on Tuesday to challenge the company’s bonus and
severance plan.
On September 27, Allied Holdings and its co-debtors filed a so-called Key
Employee Retention Plan or "KERP bonus" motion with the Bankruptcy Court. Allied
management claims that the bonuses are necessary to keep executives from leaving
the bankrupt employer when it needs their services for a reorganization. The
motion however does not disclose how many, if any, Allied executives have
voluntarily left employment. The Teamsters Union believes that the number of
Allied executives who have voluntarily left employment with the company this
year is not excessive.
The bonus program is heavily weighted toward Allied top management, whose
chief executives and senior vice presidents will receive bonuses from 60 percent
to 96 percent of base salary, in some cases hundreds of thousands of dollars for
each executive. These amounts do not count severance pay, which in some cases is
as high as 150 percent of full salary.
The debtors have not yet formally sought concessions from their rank-and-file
unionized workers, but they are expected to do so in the near future.
The debtors filed for Chapter 11 protection on July 31, 2005. They did not
file their statements of financial affairs (which list their assets and
liabilities) until the KERP motion was filed, nor have they as yet proposed a
"business plan" for how to reorganize the company and return it to
profitability. There has been seemingly little activity, other than the design
of a massive bonus program for executives, in the more-than-two-month period
since the bankruptcy was filed.
The bonus program must be approved by the bankruptcy court before it is
effective. No other opposition is expected from the committee of unsecured
creditors or the large secured lenders financing Allied.
Congress outlawed this type of bonus program except in highly unusual
circumstances in the new bankruptcy law, effective in October. Allied filed its
bankruptcy under the old law, before the new prohibitions on massive, undeserved
bonuses take effect.
Allied management's base salaries compare favorably with other companies in
the transportation industry even before bonuses.
Founded in 1903, the International Brotherhood of Teamsters represents more
than 1.4 million hardworking men and women throughout the United States and
Canada.