Here's the latest info (from 19.Jan.07)....Bold print is my handiwork....
January 19, 2007
"NWA
Update on the Sale of IAM Unsecured Claims and Distribution of Proceeds to IAM Members
The following is an update to all IAM members on the sale through the Bankruptcy Court of 20% of the total $181 million of the IAM's unsecured claims, or approximately $36 million dollars worth of our claims. As most of you know, the $181 million total represents the value of the IAM's unsecured claim as a result of the reduction in our wages and other IAM-related labor costs imposed during Northwest's bankruptcy proceeding. The 20% of claims we were permitted to sell will cover a portion of the approximately year and a half period that we were under the Section 1113(e) reduction in wages imposed by the Bankruptcy Court.
The firm we retained to sell the claims was able to obtain 86.5 cents for every dollar of our claim less their commission. It is anticipated that the sale will be finalized by Tuesday, January 23, 2007.
After consultation with our legal counsel and our financial advisor in Washington, D.C., as well as your District 143 General Chairs, we have developed Guidelines which will be used in the distribution of the proceeds from the sale. Again, this distribution represents a portion of the "emergency" reduction in wages imposed on us by the Bankruptcy Court during the 1113(e) proceeding. Accordingly, those who received income from NWA reflected in a NWA W-2 form during the period of the 1113(e) relief, approximately from November 15, 2005 through June 1, 2006 will be eligible to participate in the distribution. As described more fully below, a calculation will be done to determine the percentage that your NWA W-2 earnings for that period is of the aggregate total of all IAM-Ârepresented employees' W-2 earnings for the 1113 (e) relief period to determine your percentage share of the total distribution.
Once the sale is finalized on Tuesday and the company receives our financial advisor’s calculations based on NWA payroll records, the company, according to our agreement, is required to make the distribution within "ten (10) days following receipt of the allocation data from IAM, but under no circumstances fewer than eight (8) business days following the Closing Date. Northwest shall make a cash distribution directly to individual IAM-represented employees net of all applicable income tax withholdings and payroll taxes (which shall be withheld by Northwest and remitted to the appropriate taxing authorities)."
The following are the Guidelines that will be applied to the upcoming initial distribution and its administration:
Guidelines for Distribution from Sale of First 20% of IAM Unsecured Claims
1. Measurement Period -- Closest payroll period beginning November 15, 2005 to the closest payroll period ending June 1, 2006 -- the approximate Section 1113(e) relief period.
2. Eligible Employees -- IAM-represented NWA employees with NWA W-2 earnings at any time during the measurement period.
3. New Hires -- However, no person hired by the company during the measurement period shall be considered eligible.
4. W-2 Earnings -- W-2 earnings shall be defined as gross earnings paid by NWA for service during the measurement period. Accordingly, compensated military service, long term disability payments and the like are not considered NWA W-2 earnings. Uncompensated personal leave, Family Medical Leave are not included. However, compensated sick leave and OJI leave, for example, shall be considered as part of NWA W-2 earnings. Paid union leave not covered by PULP shall be added to that individual's W-2 earnings total.
5. Retired and Former NWA Employees -- Those who retired or whose employment was terminated with NWA for any reason during the measurement period shall be credited for that period covered by his or her NWA W-2 earnings.
6. Distribution Formula -- An individual IAM member's share of the distribution will be equal to his or her W-2 earnings during the measurement period divided by the aggregate of the total W-2 earnings of all eligible participants during the measurement period.
7. Holdback -- Five percent (5%) of the total distribution amount shall be held for a period of 60 days to permit any IAM member to object to the accuracy of the payroll records upon which his or her distribution amount was calculated. Approximately thirty (30) days thereafter, the remainder of the total distribution shall be distributed. Any interest earned on the holdback amount shall be applied to the professional fees and costs incurred by IAM District 143 related to the distribution of the sale of the IAM unsecured claims.Conclusion
We will continue to keep you posted on developments. In addition, I would urge anyone who is working under an IAM agreement but has not yet become an IAM member or agency fee payer to do so immediately to assure that the IAM's and the company's records agree and properly reflect your status to avoid any administrative
(See FOCUS bulletin)"