1.12.12 – (LAA) – NMB Retains Jurisdiction Over AMR Union Negotiations, APFA and PBGC Call on AA to Honor Pensions

Hotline Update – January 12, 2012

NMB Retains Jurisdiction Over AMR Union Negotiations

Today, the National Mediation Board convened a meeting of APFA, APA, TWU and American Airlines to discuss the status of contract negotiations.† Harry Hoglander, a member of the NMB, made clear that the agency retains its jurisdiction during the bankruptcy and will continue to mediate the negotiations as was the case before the Chapter 11 filing.† We anticipate that negotiations with American will resume once it has prepared a business plan and proffered a contract proposal which would initiate the Section 1113 process.† At that point the NMB will assign a mediator to each of the negotiations who will oversee the bargaining and assist the parties in their efforts to reach a consensual resolution.

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APFA and PBGC both Issue Press Releases

Calling on AA to Honor Pensions

APFA RELEASE:

American Airlines Flight Attendants Echo PBGCís Call for American Airlines to Honor Obligations and Retain Pension Benefits for Current Employees

US Pension Benefit Guaranty Corporation and Association of Professional Flight Attendants Cite Benefits to Company and Creditors of Saving Pension Plans

FOR IMMEDIATE RELEASE
January 12, 2012
Contact: Jeff Pharr (954) 558-4155

Euless, TX- The Association of Professional Flight Attendants (APFA), which represents more than 16,000 American Airlines Flight Attendants, today called on American Airlines to honor its pension obligations to current employees.

“We support the PBGCís call to retain these benefits. American Airlines Flight attendants have earned their pensions, and we have sacrificed wages and other benefits in exchange for them, including voluntarily giving back one third of our pay and benefits in 2003, cuts which remain in effect today.” said Laura Glading, president of the Association of Professional Flight Attendants. “For decades we have dutifully done our part to support this pension plan by paying into it with our hard earned wages, and we expect it to be there for us when we retire. Anything short of this is a betrayal.”

Flight attendants in particular present a relatively small pension cost to American Airlines. Their wages are comparatively low as are their pension obligations. The impact of a pension termination or freeze on the company’s aging workforce – the average age of an American Airlines flight attendant is 51 years old – would be particularly devastating on a human scale. Employees nearing retirement would have little opportunity to save the additional amount necessary to make up for the loss of their pension benefits.

“It is in every party’s interests to ensure that American Airlines pension plans are not terminated or frozen,” said Glading.

For American Airlines the difference between the cost of maintaining its defined benefit plans for current employees and the cost of terminating these plans in favor of defined contribution is not significant. And Gerard Arpey, former CEO of American Airlines, agrees. He stated several months ago that the amount American’s competitors are paying to fund their defined contribution plans is not markedly different from the cost to American of maintaining its defined benefit plans.

“When you look at structural benefits, the biggest place where we are off market, is actually not pensions,î said Arpey on a July 20, 2011 earnings call. “If you look at our defined benefit pension plans over the long-run, and you take their cost as a percentage of salary, you will find that math leads to about 5 to 6 percent in terms of pension cost over time. If you look at what former bankrupt companies have put in place that terminated or froze their [defined benefit] plans, many of them are approaching matching [defined contribution] kind of contributions that are headed in that direction.î

Furthermore, if the company were to terminate the plan it would have to pay PBGC $1250 per participant for three years after emerging from bankruptcy. With nearly 130,000 participants spread over four pension plans, this would amount to a total cash payment of $480 million. Taking into account these additional costs, the savings, if any, the company would realize by freezing or terminating employee pension plans is not significant.

For unsecured creditors, termination would substantially reduce their recovery. The PBGC has estimated that the claim resulting from the termination of Americanís four pension plans would add $10.2 billion to the pool of unsecured claims, which would significantly dilute the recovery of other unsecured creditors.

For employees, termination would mean the decimation of the benefit for which we have worked the longest and fought the hardest to improve and preserve. Indeed, over the past forty years flight attendants devoted substantial amounts of their negotiating capital to their retirements rather than to their wages or other benefits.

For the public, if the pension plans are terminated it would significantly add to the PBGC’s deficit.

“The termination or freezing of the pension plan would not only harm employees, the company, its creditors, and put taxpayers at risk; it would undermine a shared concern of all these interests by jeopardizing the successful reorganization of American Airlines,” said Glading.

The company acknowledged this at the outset of the bankruptcy when it argued in court documents that the mere delay in benefit payments would ìirreparably impair the Employeesí morale, dedication, confidence, and cooperation.î The company also recognized that since the employees are the face of American Airlines, their support for the reorganization efforts is critical to its success.

“At this early stage, the Debtors simply cannot risk the substantial damage to their business that would inevitably attend any decline in their Employeesí morale attributable to the Debtorsí failure to pay wages, salaries, benefits and other similar items,” wrote the company.

There should be no doubt that if the withholding or untimely payment of wages and benefits could irreparably damage employees’ morale, then the freezing or terminating of their pension benefits would surely have a catastrophic impact on their “dedication, confidence and cooperation” and therefore jeopardize the successful future of American Airlines.

About APFA – Founded in 1977, the Association of Professional Flight Attendants (APFA) is the largest independent Flight Attendant union in the nation. It represents more than 16,000 Flight Attendants at American Airlines. APFA Members live in almost every state of the nation and serve millions of Americans as they travel the nation and the world. In 2003, APFA played a major role in keeping American Airlines solvent and out of bankruptcy by giving back an employee bailout of $340 million in annual salary and benefits, for a total of over $2 billion and counting. APFA had been in negotiations with American for almost four years when the carrier filed for chapter 11-bankruptcy protection on November 29, 2011. Laura Glading is serving in her first four-year term as president of the union.

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PBGC RELEASE:

PBGC Director Josh Gotbaum on the Importance of American Airlinesí Pension Plans

FOR IMMEDIATE RELEASE
January 12, 2012
Contact: (202) 326-4343

WASHINGTONóPension Benefit Guaranty Corporation Director Josh Gotbaum released the following statement today on the American Airlines’ pension plans:

Some have suggested that American must duck its pension commitments and kill its pension plans in order to survive. We think that commitments to 130,000 workers and retirees shouldnít be disposable, that American should have to prove in court that this drastic step is necessary.

For other airlines, it hasnít been. Americanís competitors found ways to increase revenues and get competitive costs while honoring pension benefits. Delta maintained its non-pilots plan, and both Northwest and Continental kept their plans going after their bankruptcies.

Counsel for American claims that it needs to kill its employeesí pensions in order to be competitive with other major carriers. The numbers tell a different story: Delta Airlines, which reorganized in bankruptcy, pays an average of $13,210 per employee in pension costs ñ almost 2/3 more than Americanís pre-bankruptcy cost of $8,102. (Source: 2010 annual reports)

American has more than $4 billion in cash; some of that money should already have been paid into its pension plans. However, Congress, hoping to preserve plans, allowed American to defer the payments. It would be a tragedy if American repaid Congressís generosity by turning around and killing the plans anyway.

PBGC is always ready to provide a safety net to employees whose companies can no longer afford their commitments, but that doesnít mean that itís good for employees and retirees when we do. There are legal limits to the amounts we can pay, and we donít cover retiree health care. That’s why PBGC always tries first to preserve plans. We will continue to encourage American to fix its financial problems and still keep its pension plans.

We stand with Americanís workers and retirees who are concerned about their futures. Many of the airlineís employees took lower wages so the plans could continue. Now, itís Americanís turn to step up so workers arenít short-changed.

About PBGC

PBGC protects the pension benefits of 44 million Americans in 27,500 private-sector pension plans. The agency is directly responsible for paying the benefits of more than 1.5 million people in failed pension plans. PBGC receives no taxpayer dollars and never has. Its operations are financed by insurance premiums and with assets and recoveries from failed plans.

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