US Airways Files Motion For Interim Relief Under Section 1113(e)
24 Septiembre 2004 - 11:19PM
PR Newswire (US)
US Airways Files Motion For Interim Relief Under Section 1113(e)
Company seeks to build cash for slow winter season but will
continue to negotiate with unions pending Court ruling ARLINGTON,
Va., Sept. 24 /PRNewswire-FirstCall/ -- US Airways Group, Inc.
today filed a motion seeking interim relief from the company's
collective bargaining agreements with the Air Line Pilots
Association (ALPA), Association of Flight Attendants (AFA),
Communications Workers of America (CWA), International Association
of Machinists and Aerospace Workers (IAM), and certain units of the
Transport Workers of America (TWU), under Section 1113(e) of the
U.S. Bankruptcy Code. The motion was filed with the U.S. Bankruptcy
Court for the Eastern District of Virginia, which is overseeing US
Airways' Chapter 11 restructuring. In its motion, the company
emphasized that the request for interim relief is made in order to
maintain US Airways as a going concern and "preserve approximately
34,000 jobs, preserve air service to hundreds of communities, build
the cash reserves needed for the winter, give customers comfort
that there is adequate cash for continued operations, and
ultimately, avoid the threat of liquidation." "We have had
constructive discussions this past week with all of our labor
groups and we will continue to seek consensual agreements with our
unions, pending the Court's ruling on the motion," said Bruce R.
Lakefield, US Airways president and chief executive officer.
"Nevertheless, we must move quickly to secure cost reductions,
build cash reserves and send the signal to our financial partners
and our customers that we will actively manage this restructuring
and not allow the company to be swept up in speculation about our
future." The interim relief request seeks $38 million per month in
cost reductions from labor groups, effective immediately upon the
Court's approval. In addition, US Airways will implement capital
expenditure reductions and a series of actions to be announced
shortly to reduce non-labor and management costs and generate an
additional $5 million per month of savings. These actions do not
require court authorization. US Airways told the court that it
meets the "irreparable harm" standard for interim relief and must
secure cost savings immediately because financial projections show
that in order to avoid a cash crisis in early 2005, it must accrue
roughly $200 million in additional cash. "Over the next six months,
we will be faced with significant aircraft lease payments, the
traditional seasonal slowdown in both business and leisure travel,
and the likely sustained impact of high fuel prices. Waiting for a
cash crunch to be right in front of us is simply too late, and if
we were forced to implement interim relief at a later date, the pay
cuts would be deeper and even more painful. While I don't relish
asking US Airways employees to make sacrifices, securing this
short-term relief while we continue to negotiate new permanent
labor agreements will allow us to complete an orderly restructuring
and implementation of our Transformation Plan," said Lakefield. US
Airways is the nation's seventh-largest airline, serving nearly 200
communities in the U.S., Canada, Europe, the Caribbean and Latin
America. US Airways, US Airways Shuttle and the US Airways Express
partner carriers operate over 3,300 flights per day. For more
information on US Airways flight schedules and fares, contact US
Airways online at http://www.usairways.com/, or call US Airways
Reservations at 1-800-428-4322. Certain of the statements contained
herein should be considered "forward- looking statements" within
the meaning of the Private Securities Litigation Reform Act of
1995, which reflect the current views of US Airways Group (the
"company") with respect to current events and financial
performance. You can identify these statements by forward-looking
words such as "may," "will," "expect," "intend," "anticipate,"
"believe," "estimate," "plan," "could," "should," and "continue" or
similar words. These forward-looking statements may also use
different phrases. Such forward-looking statements are and will be,
as the case may be, subject to many risks, uncertainties and
factors relating to the company's operations and business
environment which may cause the actual results of the company to be
materially different from any future results, express or implied,
by such forward-looking statements. Factors that could cause actual
results to differ materially from these forward-looking statements
include, but are not limited to, the following: the ability of the
company to continue as a going concern; the ability of the company
to obtain and maintain any necessary financing for operations and
other purposes, whether debtor-in-possession financing or other
financing; the company's ability to obtain court approval with
respect to motions in the Chapter 11 proceeding prosecuted by it
from time to time; the ability of the company to develop,
prosecute, confirm and consummate one or more plans of
reorganization with respect to the Chapter 11 proceedings; risks
associated with third parties seeking and obtaining court approval
to terminate or shorten the exclusivity period for the company to
propose and confirm one or more plans of reorganization, for the
appointment of a Chapter 11 trustee or to convert the cases to
Chapter 7 cases; the ability of the company to obtain and maintain
normal terms with vendors and service providers; the company's
ability to maintain contracts that are critical to its operations;
the potential adverse impact of the Chapter 11 proceedings on the
company's liquidity or results of operations; the ability of the
company to operate pursuant to the terms of its financing
facilities (particularly the financial covenants); the ability of
the company to fund and execute its Transformation Plan during the
Chapter 11 proceedings and in the context of a plan of
reorganization and thereafter; the ability of the company to
attract, motivate and/or retain key executives and associates; the
ability of the company to attract and retain customers; the ability
of the company to maintain satisfactory labor relations; demand for
transportation in the markets in which the company operates;
economic conditions; labor costs; financing availability and costs;
aviation fuel costs; security-related and insurance costs;
competitive pressures on pricing (particularly from lower-cost
competitors) and on demand (particularly from low-cost carriers and
multi-carrier alliances); weather conditions; government
legislation and regulation; impact of the Iraqi war and the Iraqi
occupation; other acts of war or terrorism; and other risks and
uncertainties listed from time to time in the company's reports to
the SEC. There may be other factors not identified above of which
the company is not currently aware that may affect matters
discussed in the forward-looking statements, and may also cause
actual results to differ materially from those discussed. The
company assumes no obligation to update such estimates to reflect
actual results, changes in assumptions or changes in other factors
affecting such estimates other than as required by law. Similarly,
these and other factors, including the terms of any reorganization
plan ultimately confirmed, can affect the value of the company's
various pre-petition liabilities, common stock and/or other equity
securities. Accordingly, the company urges that the appropriate
caution be exercised with respect to existing and future
investments in any of these liabilities and/or securities.
DATASOURCE: US Airways Group, Inc. CONTACT: David Castelveter of US
Airways, +1-703-819-3177 Web site: http://www.usairways.com/
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