The Stel Salaried Pensioners Organization wishes to thank The Hamilton Spectator for permission to post the following article by Reporter Naomi Powell published in the September 21, 2005 edition

 

The Deal to Save Stelco

Workers win, shareholders lose in last-gasp bid to put steelmaker back on its feet

By Naomi Powell
The Hamilton Spectator
(Sep 21, 2005)

Stelco and its unions have reached a landmark deal that could save the steelmaker.

It was a $100-million bailout by the province that united the warring sides for the first time since the steelmaker announced it was seeking bankruptcy protection in January 2004.

The plan, reached in negotiations that went into the early hours yesterday, would see Stelco emerge from nearly two years of bankruptcy protection by Dec. 31.

"It took someone to take the first step and the provincial government took the first step," Stelco CEO Courtney Pratt said of the $100-million payment on the company's pension deficit. "They unblocked this whole process with what they put on the table and that led to a lot of other movement."

The deal is being touted as a massive step forward for a union and faltering company that have been bitterly opposed over how the company should restructure.

"We've got a restructuring plan that is a strong platform for Stelco and the pension plan," said Finance Minister Greg Sorbara. "Stelco is an important economic player in Hamilton, in Ontario and in Canada."

Deal at a glance

* No concessions in wages, pensions or benefits from workers, no job cuts;

* Existing shares would be wiped out and Stelco would issue new shares, to be owned 100 per cent by its creditors;

* Province injects a $100-million, 1 per cent loan into Stelco's $1.3-billion pension deficit (loan may be forgiven if Stelco clears the debt within 10 years);

* Stelco agrees to double its upfront pension contribution to $400 million;

* Stelco will contribute $60 million to the pension each year until 2010 and $70 million annually until 2015;

* The plan would give Stelco $630 million in cash when it emerges from bankruptcy protection;

* Secured creditors would receive full payment in stock and equity-backed notes that can later be converted to shares;

* The level of recovery for unsecured creditors "cannot be determined at this time."

The province's offer hinges on:

* Tricap Management Limited providing up to $450 million in new financing;

* Stelco reaching deals with its locals at Lake Erie and AltaSteel by tomorrow morning.

The public interest is a viable steel company and a well-financed pension plan.

The plan has been endorsed by all major players, except for Stelco's unsecured creditors -- the bondholders, tradespeople and others who have yet to be paid. The creditors' support is crucial because they have the power to veto any plan.

Even Local 1005 greeted the deal with enthusiasm.

To cement their agreement with the province, Stelco will spend today negotiating collective agreements with the union locals representing Stelco's Lake Erie and AltaSteel operations.

They will also have to firm up a $450-million refinancing offer from Brascan-backed Tricap Management -- which had previously worked with the United Steelworkers to come up with a plan. If Stelco fails to meet either of these requirements or to win the support of the unsecured creditors, the deal could fall through. That would force the steelmaker back to the drawing board.

"The people who vote on this are the bondholders and so far they are not supporting this," Pratt acknowledged yesterday. "So the next big step is to work with them to bring them onside."

The bondholders declined to comment yesterday.

The proposed plan would see the company make an immediate $400-million payment into Stelco's $1.3-billion pension deficit, a stumbling block to negotiations since the company entered creditor protection in January 2004. This issue, always fundamental for the unions, had derailed talks and driven a wedge between the company and its workers.

"We were pushing for more of a downpayment on the pension (and) that's there," said Bill Ferguson, president of the United Steelworkers of America Local representing Lake Erie workers.

If the company manages to erase the entire debt by 2015, $75 million of the province's loan will be forgiven.

Federal Liberal house leader Tony Valeri said it was "only appropriate for the provincial government to be making that contribution."

Shareholders would take a hard hit under the plan, with Stelco proposing to wipe out all existing stock. The company would then issue new stock which it would give as compensation to its unsecured creditors. But that may not be enough to win over the creditors, who would receive some secured notes (essentially IOUs on assets) but no cash under the deal.

"The creditors do not do well out of this," said Leonard. "They receive no cash and much of what they are offered is ownership in the company. Bondholders, particularly, are not interested in owning pieces of a company. They buy and sell debt and what they want is real money."

But after months of deadlocked negotiations, there may be enough pressure on the company's creditors to vote the plan through, said John Varley, a lawyer for Stelco's salaried pensioners.

"The bondholders will have to decide whether they want to be the ones to do something so damaging to Stelco," he said. "They'll have to decide whether they will stand up and do that to the company and to Hamilton."

Mayor Larry Di Ianni, who offered to help forge an agreement between stakeholders in July, was also cautiously optimistic.

"With bated breath, I'm following this," he said. "It's very hopeful."

In the Toronto courtroom where Stelco announced its plan yesterday, Justice James Farley congratulated the players for "moving mountains," but reminded them that their work was not yet done. Stelco hopes to have the deal finalized in time for a formal vote by creditors on Nov. 1.

"From where you were five weeks ago it's night and day," Farley said. "But it's not over."

npowell@thespec.com

905-526-462

With files from Spectator staff