NYTimes.com Article: Judge to Investigate Retiree Cuts at United

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Judge to Investigate Retiree Cuts at United

February 21, 2004
 By MICHELINE MAYNARD





A federal bankruptcy court judge in Chicago agreed
yesterday to investigate whether United Airlines misled its
employees when it pledged to protect health care benefits
for retirees, then moved to cut them a few months later.

The decision is a setback for United's bid to reduce
benefits for 35,000 retired workers, part of its effort to
emerge from Chapter 11 bankruptcy by the end of June.

At another struggling airline, US Airways, the pilots'
union, which had previously dismissed the company's request
for more wage and benefit cuts and had called for ouster of
the chief executive, said yesterday that it would
participate in drafting a restructuring plan that was
likely to include a third round of concessions.

US Airways, the seventh-largest airline, came out of
bankruptcy proceedings last year and is trying to avoid
seeking such protection again.

Judge Eugene Wedoff of United States Bankruptcy Court
granted a request by the Association of Flight Attendants
and the International Association of Machinists and
Aerospace Workers to appoint an examiner, who will look
into United's actions on retiree health care benefits. He
asked for a report in 30 days.

In January, United, a subsidiary of UAL and the nation's
second-largest carrier behind American Airlines, said it
wanted retired workers to pay more for medical coverage.

United's action, however, has met determined opposition
from its unions, particularly the flight attendants. They
maintain that United promised to protect health care
coverage for flight attendants who retired by July 1, 2003.
Some 2,500 flight attendants agreed to retire early, many
on the assumption that they would receive full benefits,
the union says. Union members picketed the bankruptcy court
in Chicago and United's headquarters in nearby Elk Grove
Village yesterday.

United, which filed for bankruptcy protection in December
2002, maintains that it never gave up its right to reduce
retirees' benefits, which it can ask to do under bankruptcy
law.

United's unions had the support of 109 members of Congress,
most of them Democrats, who wrote to Glenn F. Tilton, the
chief executive, asking him to reverse the company's
action. United is waiting for approval of its reapplication
for $1.6 billion in federal loan guarantees, the
centerpiece of its emergence from bankruptcy.

"When a hundred lawmakers tell you your behavior is
reprehensive, you have to realize that cracking sound under
your feet is thin ice," said Robert W. Mann Jr., a industry
consultant in Port Washington, N.Y.

At US Airways, the pilots agreed to discuss the
restructuring plan after a two-day meeting with executives
in Charlotte, N.C.

Among the participants was the airline's chairman, David G.
Bronner, who is also chief executive of the Retirement
Systems of Alabama, the airline's biggest shareholder. It
was the first time he met with any of US Airways' labor
groups.

US Airways faces a challenge this May from Southwest
Airlines, which will introduce service from Philadelphia,
one of US Airways' three hubs, on May 9.

Two weeks ago, US Airways gave labor leaders a draft plan
to cut the airline's per-mile operating costs by about 40
percent. Of that, US Airways said it wanted labor
concessions equal to half the cuts.

In addition to seeking cost cuts, US Airways is taking the
offensive. It said yesterday that it planned to add flights
on the most of the routes that Southwest Airlines will
serve from Philadelphia. Increasing the frequency of
service is a classic defense tactic by airlines when a new
airline enters a pivotal market.

On Thursday, another low-fare carrier, Frontier Airlines,
said it would begin service to Philadelphia from Denver and
Los Angeles, starting May 23.

B. Ben Baldanza, US Airways' executive vice president for
marketing, said his airline planned to "compete vigorously"
in Philadelphia.

Mr. Mann, the consultant, said he was not sure how long US
Airways could compete. "They're willing to put up a fight,"
he said, "but ammunition costs money."

http://www.nytimes.com/2004/02/21/business/21air.html?ex=1078388961&ei=1&en=ddf265e562e3d776


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