NYT 10.15.05
The Hammer Of Bankruptcy At Delphi
By JOSEPH NOCERA
''WHAT do you think when you see so many companies using
bankruptcy as a tool to get their labor costs ''
Francisco A. Lorenzo -- yes, Frank Lorenzo -- cut me off in
midquestion.
''Tool?'' he practically shouted into the phone. ''When you
use that word, you are spinning things, and very unfairly. That's the
word the unions always used.''
''Bankruptcy is not a tool,'' he continued. ''It is a last
resort. You have companies that have run out of options in dealing with
enormous costs that have made them uncompetitive. Nobody wants to go
into bankruptcy. It's the last straw. It's the end of the line. The
only thing it's better than is liquidation.''
It seems safe to say that 23 years after Mr. Lorenzo first
showed the way -- after he took his cash-strapped airline, Continental,
into bankruptcy, ripped up its labor contracts, laid off thousands of
workers, hired replacements for its striking pilots and flight
attendants, paid them half the old union salaries while insisting they
work longer hours, and became in the process the most reviled captain
of industry since Jay Gould -- even after all this time, Mr. Lorenzo is
still a wee bit sensitive on the subject of using bankruptcy to get
costs under control.
Nobody else seems to be, though. That was one of the most
striking things about the aftermath of last weekend's bankruptcy filing
by Delphi, the huge auto parts company that was spun out of General
Motors six years ago. The company's new chairman and chief executive,
Robert S. Miller, who specializes in restructuring troubled companies,
is a very different corporate animal from Mr. Lorenzo; as he made the
rounds of the business media in the days after the bankruptcy, he
practically oozed empathy for the United Automobile Workers, whose
members make the parts that Delphi sells.
''My job here is easy compared to Ron Gettelfinger's,'' Mr.
Miller said, referring to the head of the U.A.W. ''Ron has the job of
helping half a million members adapt to a difficult new reality brought
on by the forces of globalization.''
But Mr. Miller's message, at bottom, is not all that
different from the one Mr. Lorenzo once delivered: Delphi needs a more
competitive cost structure, and bankruptcy is the only way to get
there. The company, which lost $2.4 billion last year, simply can't
sustain any longer a labor force that gets $65 an hour in overall
compensation, and allows workers to retire with full pension and
benefits after 30 years, even if they're only in their late 40's.
Delphi's competitors, indeed, Delphi's own workers outside the United
States, make far less than that.
ALTHOUGH Mr. Miller cannot unilaterally abrogate labor
contracts the way Mr. Lorenzo could -- Congress passed a law after the
Continental bankruptcy that forces management to negotiate ''in good
faith'' with its unions -- Chapter 11 does make it possible for him put
enormous pressure on the U.A.W. And this he has already begun to do,
presenting the union with a Hobbesian choice.
If it wants to hold onto its rich pension plan, Mr. Miller
says, it will have to agree to new, lower wages that will amount to a
two-thirds cut in pay. If it refuses to negotiate wages downward, he
will seek permission to terminate the Delphi pension plan, just as
United Airlines and others have done in bankruptcy. It's one or the
other. ''If you want to work for 30 years and be retired for 30
years,'' he said when I spoke to him, ''there is just not enough money
any more to support that.''
And how did the country, which had been so outraged by Mr.
Lorenzo's tactics once upon a time, react to Mr. Miller's words?
Mostly, America gave a resigned shrug. It seems to be accepting these
wrenching labor ''retrenchments'' as the cost of globalization, even as
they are also making it possible for us to reap the benefit of lower
prices on everything from airline seats to Chinese-made costume jewelry.
Besides, after the shriveling of the steel industry and the
troubles in the airline industry, was it ever realistic that the
domestic auto industry and its workers could avoid similar pain,
especially given their difficulties competing against the likes of
Toyota and Honda? This moment was inevitable.
''For years, there was almost a kind of collusion between
the auto industry and the U.A.W.,'' said Gary Chaison, a professor of
labor relations at Clark University. ''The auto industry said, 'We'll
give you high pay and benefits, and in return don't give us any
problems or work stoppages. And we will pass that cost on to the
consumer.''' Indeed, as globalization began to take its toll on the Big
Three car manufacturers -- and it could no longer easily pass on the
costs to consumers -- the industry took to, in effect, paying off
workers so it could close down money-losing plants without union
opposition.
The U.A.W., Mr. Chaison pointed out, was one of the great,
innovative organizations in American history. ''Cost of living
allowances, guaranteed annual wages and supplemental unemployment
benefits were first introduced by the United Auto Workers,'' he said.
But, he added, like all of the big industrial unions, the U.A.W. has
never figured out how to deal with globalization. ''What they do is,
they have a conference, or present papers, or talk about cooperation
between unions and social movements in other countries. They don't know
how to take wages and working conditions out of the realm of
competition. And they don't know how to deal with something that is
beyond the jurisdiction of their own membership.''
When I spoke to Mr. Gettelfinger on Thursday afternoon, I
got a little feel for what Mr. Chaison was talking about. ''We have
said all along that we have to do something about these free trade
agreements,'' he said. Delphi, he added, was a classic example of the
problem with globalization, especially since Delphi workers overseas
were paid so much less than Delphi workers in the United States. ''It
is a classic play-off of worker against worker, and it is a race to the
bottom in terms of wages and benefits.'' When I pointed out that it was
highly unlikely that the government was going to turn away from free
trade agreements, he sadly agreed. ''It's as if they are trying to do
away with the middle class,'' he said.
He also went on a long tangent about an Electrolux
refrigerator plant in the small town of Greenville, Mich., which
employs some 2,500 U.A.W. workers. ''They are closing it down and
moving it to Mexico,'' Mr. Gettelfinger complained, even though last
year, the local union offered wage concessions and the state offered
tax abatements. But in truth, there is nothing the U.A.W. head can do
about that either.
What Mr. Gettelfinger can do -- the only thing he can do
right now -- is begin negotiating with Mr. Miller. When I asked how he
planned to play the awful hand he'd been dealt by the Delphi
bankruptcy, he rebuffed the question. Unlike Mr. Miller, he said
acidly, ''We don't negotiate in the media.''
But he did say that the membership was furious that this
newcomer -- Mr. Miller has only been C.E.O. since July -- had the nerve
to ''stand in front of them with a Delphi hat on and tell them he was
the only one in America telling the truth. I cannot stress to you how
upset the membership is,'' he added. He also expressed outrage that Mr.
Miller was acting, as he put it, ''like he's some kind of dictator. Our
union acts as a democracy. Whether he likes it or not, our membership
will have some say in the final in the outcome of these deliberations.''
He's right, of course: the U.A.W. will have some say, but
not nearlyas much as it would have had if Delphi hadn't filed for
bankruptcy. Frank Lorenzo notwithstanding, bankruptcy is indeed a tool
for dealing with union labor costs in a globalized age, perhaps the
most powerful one ever devised. That's not spin. That's cold, hard fact.
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