-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, TnKd/27KL471Nl1wE8+ifHucCACHt2889rUNo2I+YXFrJ3p+2SPHAY8PZdMMC6pw X8KL3SuUDBf8rdh3+kfzuw== 0000950144-07-001206.txt : 20070214 0000950144-07-001206.hdr.sgml : 20070214 20070214112236 ACCESSION NUMBER: 0000950144-07-001206 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20070214 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20070214 DATE AS OF CHANGE: 20070214 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ALLIED HOLDINGS INC CENTRAL INDEX KEY: 0000909950 STANDARD INDUSTRIAL CLASSIFICATION: TRUCKING (NO LOCAL) [4213] IRS NUMBER: 580360550 STATE OF INCORPORATION: GA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-13867 FILM NUMBER: 07615664 BUSINESS ADDRESS: STREET 1: 160 CLAIRMONT AVE STREET 2: STE 200 CITY: DECATUR STATE: GA ZIP: 30030 BUSINESS PHONE: 4043701100 MAIL ADDRESS: STREET 1: 160 CLAIREMONT AVENUE SUITE 200 CITY: DECATUR STATE: GA ZIP: 30030 8-K 1 g05551e8vk.htm ALLIED HOLDINGS, INC. ALLIED HOLDINGS, INC.
 

SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported)           February 14, 2007          
ALLIED HOLDINGS, INC.
 
(Exact Name of Registrant as Specified in its Charter)
         
Georgia   0-22276   58-0360550
 
(State or Other Jurisdiction   (Commission   (IRS Employer
of Incorporation)   File Number)   Identification No.)
     
160 Clairemont Avenue, Suite 200, Decatur, Georgia   30030
 
(Address of Principal Executive Offices)   (Zip Code)
Registrant’s telephone number, including area code           (404) 373-4285          
Not Applicable
 
(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
     o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
     o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
     o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
     o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 


 

Item 7.01   Regulation FD Disclosure
     Attached to this Current Report as Exhibit 99.1 is a list of the talking points used by management of Allied Holdings, Inc. (“Allied” or the “Company”) in conversations with employees and customers of the Company with respect to a term sheet delivered to the Company from The Yucaipa Companies and the International Brotherhood of Teamsters (the “U.S. Teamsters”) with respect a plan of reorganization, which includes an amendment to the collective bargaining agreement between certain subsidiaries of the Company and the U.S. Teamsters, proposed by The Yucaipa Companies and the U.S. Teamsters.
Item 9.01   Financial Statements and Exhibits
     (d) Exhibits
            99.1     Talking Points dated February 14, 2007

 


 

SIGNATURES
     Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this Report to be signed on its behalf by the undersigned hereunto duly authorized.
         
 
      ALLIED HOLDINGS, INC.
 
       
Dated:     February 14, 2007
  By:   /s/ Thomas H. King
 
       
 
      Name: Thomas H. King
Title:   Executive Vice President and Chief
            Financial Officer

 


 

Exhibit Index
     
Exhibit No.   Description of Exhibit
 
   
99.1
  Talking Points dated February 14, 2007

 

EX-99.1 2 g05551exv99w1.htm EX-99.1 TALKING POINTS DATED FEBRUARY 14, 2007 EX-99.1 TALKING POINTS DATED FEBRUARY 14, 2007
 

Exhibit 99.1
Talking Points for Discussions with Customers and Employees
February 14, 2007
Ø   Thanks for joining me on today’s call. I have some important information to share with you.
Ø   As you know, the Company has worked with Yucaipa, a significant unsecured creditor of the Company, in an attempt to achieve consensual modifications to our CBA with the Teamsters in the U.S. that would enable the Company to successfully emerge from Chapter 11.
Ø   Further, the Company has been pursuing in the bankruptcy court a motion to reject our U.S. CBA under Section 1113 of the bankruptcy code.
Ø   I want you to know that the Company has received a term sheet which has been signed by Yucaipa and the Negotiating Committee of the IBT.
Ø   This term sheet confirms that the Teamsters are willing to modify Allied’s current collective bargaining agreement and provide certain concessions to the Company .
Ø   The term sheet stipulates that the wages of our employees represented by the IBT in the U.S. would be reduced by 15% and those wage reductions would stay in place for the three-year term of the new agreement.
Ø   The term sheet signed by Yucaipa and the Teamsters also contemplates that the Company will be required to consider whether its Axis subsidiary can continue to operate in its present form or whether it will be required to utilize Teamster labor in its car haul operations. For the most part, Axis is a company which uses only non-union employees at the present time.
Ø   Depending on the outcome of this analysis of Axis, the term sheet between the Teamsters and Yucaipa provides that Axis may have to be sold by Allied if it cannot be converted to a company which uses Teamster labor in its car haul operations. We would expect that if Axis is sold, it would continue its business after being sold.
Ø   The term sheet between the IBT and Yucaipa provides that Allied’s employees who are subject to the current collective bargaining agreement must approve the agreement and the Teamsters Negotiating Committee will recommend that they do in fact approve the agreement.

 


 

Ø   The term sheet between IBT and Yucaipa also provides that the modifications to the current collective bargaining agreement will not become effective unless Allied emerges from bankruptcy.
Ø   The term sheet also provides that by the time the Company emerges from bankruptcy, the Company will be required to have in place a new CEO selected by Yucaipa and reasonably acceptable to the Teamsters.
Ø   The term sheet requires Allied to rejoin the NATLD, which is the national labor association for union carhaul companies.
Ø   The wages of nonbargaining employees would be frozen for the three-year term except that wage increases could be made at Allied’s discretion as needed to retain employees or in connection with transfers or promotions.
Ø   There are other aspects of the term sheet but I think these are the key ones that are important to discuss today.
Ø   The Company through its Board of Directors has not yet responded to the IBT or Yucaipa in regard to its views of this term sheet. In other words, the Allied Holdings Board of Directors is still considering the document.
Ø   We recognize there are certain positive aspects of the term sheet, primarily the fact that the Teamsters have agreed to changes to our collective bargaining agreement which would reduce the Company’s costs and provide additional free cash flow which we need to operate our business.
Ø   On the other hand, the concessions as agreed to by the Teamsters in the term sheet do not reach the level of concessions which Allied has been pursuing.
Ø   For this and other reasons, our Board must consider whether we agree to support the terms set forth in this term sheet and if so, what changes we believe might be necessary in order for us to support the term sheet.
Ø   Further, the Company must determine what other steps would be required to be taken in order to allow the Company to emerge from bankruptcy given the fact that the concessions contemplated by the term sheet do not meet the needs of the Company which we have previously stated.
Ø   While the Company is considering the components of this term sheet, the Company has agreed that it will voluntarily delay the beginning of the court process on our 1113 motion to reject .

 


 

Ø   We have not yet determined the actual date which the hearing will now begin, but we believe it will be some time after February 23 with a date yet to be determined.
Ø   We believe it is the best thing for the Company to delay the start of this hearing until the Company determines how it will respond to the term sheet.
Ø   During the coming weeks, I trust you know that the most important priority is to remain intently focused on our business and delivering great service to our customers. Please do not be distracted by the Chapter 11 process.
Ø   You can help most by doing your job well.
Ø   Finally, you can be confident that we will continue to do our best to ensure that Allied successfully emerges from Chapter 11.
Ø   Thank you for your patience and continued support.

 

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