The Stel Salaried Pensioners Organization wishes to
thank The Hamilton Spectator for permission to post the following article by
Reporter Steve Arnold published in the February 15, 2006 edition
By Steve Arnold
The Hamilton Spectator
(Feb 15, 2006)
One of the last major hurdles to Stelco's long bankruptcy
saga has been cleared.
In a decision released late yesterday, Justice James Farley
approved the company's restructuring into nine business units -- a plan its new
owners say gives it the best chance of survival once it leaves the sheltering
arms of the Companies Creditors Arrangements Act.
In his decision, Farley accepted those arguments, writing
the "proposed ... arrangement represents the only prospect for Stelco to
emerge successfully from the CCAA proceeding, together with the maximum
financing flexibility necessary to optimize its chances of long-term
viability."
The decision clears the way for the company to leave
bankruptcy protection sometime between Feb. 28 and March 31. The first date was
set by Farley, the second the date the company sought.
Under the restructuring proposal made Jan. 20, Stelco Inc.
would become a holding company owning the assets of nine general partnerships
consisting of its Hamilton steel operations, Lake Erie steel, Hamilton coke,
Lake Erie coke, Hamilton energy, Lake Erie energy, mining, Hamilton land and
Lake Erie land.
Each unit will have its own management, employee
communications, web page, signage, human resource functions and accounting
records.
Stelco's new owners, including Tricap Management Ltd., say
it gives them the best chance of raising capital and will force each unit to be
more accountable for its operating results.
Local 1005 of the United Steelworkers raised fears the new
structure would make it easier to close or sell the obsolete and unprofitable
Hilton Works complex in Hamilton.
Local 1005 president Rolf Gerstenberger worried Hilton
Works, with its aging facilities and heavy pension liabilities, could have
difficulty finding a buyer compared to the Lake Erie plant which is considered
among the most efficient in North America.
Farley said Tricap's offer to freeze dividend payments on
Stelco stock until it has fully re-funded the pension liability soothes those
concerns.
" ... assurances have been given that this arrangement
is not designed to allow a sale or other disposition of any business unit in
the immediate future," he wrote. "... I am satisfied that the ...
arrangement option is the only realistic and reasonable alternative ...
available to accomplish that end."
Stelco filed for bankruptcy protection Jan. 29, 2004 citing
a massive pension deficit and mounting losses which threatened to leave the
company without operating cash.
sarnold@thespec.com
905-526-3496