Hostess moves to liquidate after crippling strike

Twinkie

DES PLAINES, IL - APRIL 20: Part of a Hostess Twinkie golden sponge cake with its creamy filling exposed is seen April 20, 2005 in Des Plaines, Illinois, a suburb northwest of Chicago. The Twinkie, an American icon and one of the nation's …
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Hostess products

Hostess products. (Photo by Spencer Platt/Getty Images)

Butternut Bakery Co. in Queensgate

Butternut Bakery Co. in Queensgate
Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Posted: 11/16/2012

IRVING, Texas - Hostess Brands Inc. says it's going out of business after striking workers across the country crippled its ability to make its Twinkies, Ding Dongs and other snacks.

The company had warned employees that it would file a motion with U.S. Bankruptcy Court Friday seeking permission to shutter its operations and sell its brands if plants hadn't resumed normal operations by a Thursday evening deadline. The deadline passed without a deal.

The closing would mean the loss of about 18,500 jobs.

"I don't know if they thought that was a bluff," CEO Gregory Rayburn said on CNBC Friday. He said the financial impact of the strike makes it "too late" to save the company even if workers have a change of heart. That's because the clients such as retailers decide to stop carrying products when supplies aren't adequate.

Rayburn said he's hopeful that the company will find buyers for its roster of about 30 brands, which include Ho Hos, Dolly Madison, Drake's and Nature's Pride snacks. The company books about $2.5 billion in sales a year.

Hostess, based in Irving, Texas, said its stores will remain open for several days to sell remaining products. Operations at its 33 factories were suspended Friday. The privately held company filed for Chapter 11 protection in January, its second trip through bankruptcy court in less than a decade.

The move comes after thousands of members of the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union went on strike last week after rejecting a contract offer that slashed wages and benefits in September. The bakers union represents about 30 percent of the company's workforce.

Rayburn said the union's leadership had misled members into believing there was a buyer in the wings who would rescue the company. He said the union hadn't returned the company's calls for the past month.

A union representative did not immediately return a call seeking comment.

Hostess had said earlier this week that production at about a dozen of its plants were seriously affected by the strike. Although many workers decided to cross picket lines, the company said it wasn't enough to keep operations at normal levels. Three plants were closed earlier this week.

Hostess had already reached a contract agreement with its largest union, the International Brotherhood of Teamsters. The Teamsters had urged the bakery union this week to hold a secret ballot on whether to continue striking.

Hostess said the company is unprofitable under its current cost structure, in large part because of union wages and pension costs. Rayburn said in a statement on the company website that all employees will eventually lose their jobs, "some sooner than others."

"Unfortunately, because we are in bankruptcy, there are severe limits on the assistance the (company) can offer you at this time," Rayburn wrote.

Hostess, founded in 1930, was fighting battles beyond labor costs. Competition is increasing in the snack space and Americans are increasingly conscious about healthy eating.

Despite the plant closure, Tri-State Hostess employees are still on strike.

"We haven't had an official word, we haven't got any letter, we don't know if we're going to get paid. We have several questions that need to be answered. The union, the Local 19, is still on strike so we're still honoring their strike," said Local 57 Union Shop Steward James Yett.

Yett says the Queensgate plant was already scheduled to be closed before the strike even began. He says employees were forced to sign a contract approved by a judge in October. The contract is titled "Letter of understanding for the restructuring of Hostess Brands," and says the decision was made in "shared sacrifice" between Hostess and union workers.

"They're trying to make it seem as if the strike forced them to close us. Well, if you look at our contract, they were going to close 11 plants anyway. So, there was no hope for this plant," said Yett. "I mean I don't mind paying my fair share, but what they're doing isn't right."

Nearly 18,000 people nationwide will be out of work if the company liquidates.

The Texas-based maker of Twinkies and Ding Dongs says the strike has prevented it from producing and delivering products, adding it doesn't have enough financial resources to survive the strike.

The strikes began Nov. 9, when Hostess announced it was cutting employees' pay by 8 percent, and cutting benefits. The Bakery, Confectionery, Tobacco Workers and Grain Millers International Union said the company stopped contributing to workers' pensions last year.

"Right now, I'm more disappointed in the company because of the situation, and upset. Because they're trying to make us out to be the bad guys when we didn't do anything but work with the company so far," said Yett.

Hostess gave 9 News this statement on Monday:

"We have repeatedly explained that we will close facilities

that are no longer able to produce and deliver products because of work stoppage."

Hostess gave this statement:

"We have repeatedly explained that we will close facilities that are no longer able to produce and deliver products because of a work stoppage."



Read more: http://www.wcpo.com/dpp/news/local_news/After-strike-Hostess-will-close-Cincinnati-bakery#ixzz2CNli9zeW

Hostess gave this statement:

"We have repeatedly explained that we will close facilities that are no longer able to produce and deliver products because of a work stoppage."



Read more: http://www.wcpo.com/dpp/news/local_news/After-strike-Hostess-will-close-Cincinnati-bakery#ixzz2CNli9zeW

Hostess gave this statement:

"We have repeatedly explained that we will close facilities that are no longer able to produce and deliver products because of a work stoppage."



Read more: http://www.wcpo.com/dpp/news/local_news/After-strike-Hostess-will-close-Cincinnati-bakery#ixzz2CNli9zeW

The privately held company filed for Chapter 11 protection in January, its second trip through bankruptcy court in less than a decade.

 

The following message was posted on the Hostess website Friday morning.

Hostess Brands Inc. today announced that it is winding down operations and has filed a motion with the U.S. Bankruptcy Court seeking permission to close its business and sell its assets, including its iconic brands and facilities. Bakery operations have been suspended at all plants. Delivery of products will continue and Hostess Brands retail stores will remain open for several days in order to sell already-baked products.

The Board of Directors authorized the wind down of Hostess Brands to preserve and maximize the value of the estate after one of the Company’s largest unions, the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union (BCTGM), initiated a nationwide strike that crippled the Company’s ability to produce and deliver products at multiple facilities.

On Nov. 12, Hostess Brands permanently closed three plants as a result of the work stoppage. On Nov. 14, the Company announced it would be forced to liquidate if sufficient employees did not return to work to restore normal operations by 5 p.m., EST p.m., Nov. 15. The Company determined on the night of Nov. 15 that an insufficient number of employees had returned to work to enable the restoration of normal operations.

The BCTGM in September rejected a last, best and final offer from Hostess Brands designed to lower costs so that the Company could attract new financing and emerge from Chapter 11. Hostess Brands then received Court authority on Oct. 3 to unilaterally impose changes to the BCTGM’s collective bargaining agreements.

Hostess Brands is unprofitable under its current cost structure, much of which is determined by union wages and pension costs. The offer to the BCTGM included wage, benefit and work rule concessions but also gave Hostess Brands’ 12 unions a 25 percent ownership stake in the company, representation on its Board of Directors and $100 million in reorganized Hostess Brands’ debt.

“We deeply regret the necessity of today’s decision, but we do not have the financial resources to weather an extended nationwide strike,” said Gregory F. Rayburn, chief executive officer. “Hostess Brands will move promptly to lay off most of its 18,500-member workforce and focus on selling its assets to the highest bidders.”

In addition to dozens of baking and distribution facilities around the country, Hostess Brands will sell its popular brands, including Hostess®, Drakes® and Dolly Madison®, which make iconic cake products such as Twinkies®, CupCakes, Ding Dongs®, Ho Ho’s®, Sno Balls® and Donettes®. Bread brands to be sold include Wonder®, Nature’s Pride ®, Merita®, Home Pride®, Butternut®, and Beefsteak®, among others.

The wind down means the closure of 33 bakeries, 565 distribution centers, approximately 5,500 delivery routes and 570 bakery outlet stores throughout the United States.

The Company said its debtor-in-possession lenders have agreed to allow the Company to continue to have access to the $75 million financing facility put in place at the start of the bankruptcy cases to fund the sale and wind down process, subject to U.S. Bankruptcy Court approval.

The Company’s motion asks the Court for authority to continue to pay employees whose services are required during the wind-down period.

For employees whose jobs will be eliminated, additional information can be found at hostessbrands.info . The website also contains information for customers and vendors. Most employees who lose their jobs should be eligible for government-provided unemployment benefits.

Copyright AP Modified, Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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