99-year old trucking company Yellow shuts down, putting 30k out of work
cnn.com
cnn.com
I always respected the union for what it provided for my dad and his family. I can't stress that enough. However, I can't forget the stories he would tell about new guys who got beat up because they did too much work (made the veteran guys look bad) or didn't follow the unwritten rules (drivers used to carry cash to bribe the dock workers to unload their trucks. without the bribes your truck would just sit there, untouched. however, sometimes a rookie would unload a truck that hadn't made a payment, and that earned him a beatdown). And the stories about pallets that would go missing and end up in my house. One year, for Christmas, everyone got brand new color TVs (a big deal back then); they were all the exact same make/model. My dad must've given away a dozen of them to friends/family. This happened all the time. So yeah, while I respect the union and what it provided, I have a difficult time overlooking the corruption and inefficiencies.
Why is it that "unions are corrupt" is basically the only thing people say about unions in the USA. That's some next level propaganda.
Perhaps they shouldn't have offered the cheapest rates in the trucking sector while failing their obligations.
Taxpayers ended up holding 30% of this company's stock and they still couldn't figure out how to become profitable after a $700 million infusion?
This race-to-the-bottom stuff is not the answer. The answer is to charge what it costs you to deliver plus a profit. If you can't compete directly on price make up for it in service and reputation.
People will blame unions because the company had to fund pensions and health insurance. It likely will come back as a private company with lower pay, worse benefits, and maybe if people are lucky a 401k.
I'd like an economic system where the companies that offer the best goods and service at the right price grow and succeed. I've heard this is how capitalism is supposed to work, but more and more it seems the key to success is currying favor with the wealthy and capturing a market through external means.
The logic is quite simple: by undercutting your competition, you aim to quickly drive others out of business and secure a monopoly. Once in such a position, making a profit becomes much easier.
If i start offering $5 oil changes (oil included, price difference covered by VC money), that's good for the consumer... then all the other shops close down, but consumers still get the $5 oil changes... then I hike the price, and only then people start to complain. And if you close me then, who will change your oil?
Imagine government banning google for offering free email and killing most of the competition back then... people would complain, a gigabyte was a HUGE amount of space for then, and all that for free!
In general, they arent and companies that remain unprofitable dont stick around in the long term.
You also need to be aware that there are different ways to calculate profitability, so not all of the headline losses mean what you might think.
Employers should pay people, contribute to their retirement funds if further tax-advantaged incentives are needed (and society can and should have further discussions on how complicated these tax laws are), but people should own and be in charge of their own retirement funds.
Pensions work just the same as 401ks, but better when properly funded and governed, because your average worker is unsophisticated as it relates to investing. 401ks were a scam foisted on the public as pension replacements, with corporations instead juicing shareholder returns with what was previously pension contributions. If you're a high earner without any life events that would cause you to liquidate your 401k (extended job loss, medical event), congrats! You have won the lottery.
You can require pension operators to be fiduciaries and act in the best interest of their members, with penalties if they don't (this exists today, current state). If individuals fuck up their retirement (or could not save enough because of their lifetime wage trajectory), oh well, you're going to die in poverty because the socioeconomic system pulled a fast one on you.
https://www.nbcnews.com/business/retirement/great-401-k-expe...
https://www.economicpolicyresearch.org/images/docs/research/...
https://www.gao.gov/financial-security-older-americans
https://web.archive.org/web/20201026175751/https://www.gao.g...
https://www.empower.com/the-currency/life/average-401k-balan... (direct your attention to median balances; assuming 4% withdrawal rate, the high water median 401k balance translates to $185/month in retirement income)
https://corpgov.law.harvard.edu/2023/03/01/fiduciary-duties-...
https://www.ojp.gov/ncjrs/virtual-library/abstracts/invisibl...
https://www.dea.gov/sites/default/files/pubs/states/newsrel/...
I would much rather have my retirement funds in a 401(k). The assets are in my name and can't be arbitrarily taken away.
That wording implies voluntary.
The new loyalty relationship is immensely asymmetric: "the company" holds you by the heart plug (health plan, visa, vesting) while at the same time will boot out a substantial fraction of its workforce, regardless of merit, the moment a quarter turns yellow in some spreadsheet or the M+A pendulum comes around again.
There are very few places anyone can spend their whole career at one company even if they wanted to. I've been at this 30 years and I think I've had 10 jobs but only quit once.
Pension/retirement arrangements where the contributions are defined but the benefits are not are a risk to the individual -- you have to figure out "how much do I want to invest, what do I think the market will do, where should I put the money?", and if you get it wrong you don't have enough money in retirement. For the company, on the other hand, they're very low risk, because the amount of the company's liability is clearly defined and limited up front.
Arrangements where the benefits are defined are not a risk to the individual (who knows how much they will get, and will get it regardless of market conditions over the next few decades); instead they're a risk to the company/government/etc that provides them (if they set the defined final pension too high and investments don't go so well then it costs the company more than they expected).
In general my preference is that (as a society) we should prefer to impose risks not on individuals but on large organizations who can afford to employ people who take the time to assess those risks and make the necessary decisions, and who have the resources and timescales to be able to weather unexpected downturns. So I think defined-benefit is better than defined-contribution.
(This is of course entirely not the way the pension setup has gone, at least in the UK -- defined-benefit is getting rarer and rarer, and defined-contribution is pretty much the standard for the private sector these days. But I think it's an unfortunate trend.)
Like the whole company? Only a government that can print money can really offer such a defined benefit, and even then it is just a mirage since the actual value can be inflated away. The real issue is that it is actually impossible to make such guarantees since conditions can always change, but some people don't want to accept that reality.
I think this is slightly overstated. The most common outcome in this situation is that you work more, the amount of extra work being determined by the size of the error.
> In general my preference is that (as a society) we should prefer to impose risks not on individuals but on large organizations who can afford to employ people who take the time to assess those risks and make the necessary decisions, and who have the resources and timescales to be able to weather unexpected downturns. So I think defined-benefit is better than defined-contribution.
This isn’t a bad point, and is strengthened by the observation that pensions benefit from pooled risk. E.g. those that live longer are subsidized by those who unluckily die younger, so everyone on average gets away with slightly lesser contributions (or earlier retirements).
But it misses out on incentive mismatches with pensions. A pension administrator is probably not going to work at the company in question for their whole career, and their incentive career wise is probably not the long term maximization of risk adjusted return for this pension, but instead perhaps taking risky bets hoping they pay off for notoriety, or avoiding risk at all costs to avoid complaints.
And this dovetails into some really hairy aspects of pensions that aren’t often brought up.
For one, they generally punish people for alternative lifestyles. Imagine trying to be a childless person retiring early with a pension that doesn’t kick in until 65 because the typical person has kids and works that long.
Also, pensions can be discriminatory. Imagine having a disease that shortens your lifespan, like MS, or a higher risk factor for something like early onset dementia. It’s entirely possible you’re forced to contribute to a pension program you have every likelihood of not being able to benefit from in your natural lifespan.
For a more common example, women live longer than men. Should men have to contribute less for the same benefits then?
Is that really surprising though? Getting a government buy-in like this generally happens after private sector investment falls through. If large swathes of the private sector didn't believe that the company would become profitable after infusion (they would have bought low and sold high if they did), why would public sector capital have any different outcome?
You can never compete if you have a pension liability from workers no longer there. A competitor can always come in without that liability and out compete you. It's not good for the business or the employees who will get screwed 30 years later. Why is this such a hard lesson to learn?
Either way you slice it, someone providing defined contributions instead is far safer, and can safely outcompete the defined benefit company, as they aren't taking on either side of the risk: The employee is.
Note that the costs of trucking are the same either way: Paying for the contribution later is precisely a way to be very competitive now, as the idea of a safe, defined pension that you self fund is much nicer until you see what it takes out of your paycheck.
Yup. No less than Warren Buffett, who spent literally his entire career performing risk analyses, could figure out a way to manage defined benefit plan risk, and stated as such in a (now famous) memo in the late 60s or early 70s.
Couple that with the number of pension defaults and pension haircuts that have occurred and are likely to continue to occur and 401(k) plans look a lot more attractive, both to the employer and to the employee.
https://davidcoveney.com/wp-content/uploads/2019/12/16030128...
It helps a LOT if you also have an investing genius giving you tips on how to allocate the plan assets!
Defined contribution plans such as 401(k) are much safer for workers and taxpayers.
If you provision it you might as well give me a 401k where I have discretion over the funds. Or give me money I can use for my own healthcare in the future.
The only people defined pension benefits is shady business managers that don't care and want to get away with cheaper labor costs at the expense of the future which he won't be around to see anyway
"Experts in the field said it was primarily an unaffordable amount of debt, more than the cost of the union contract, that did in Yellow.
'The Teamsters had made a series of painful concessions that brought them close to wage parity with nonunion carriers,' said Tom Nightingale, CEO of AFS Logistics, a third-party logistics firm that places about $11 billion worth of freight annually with different trucking companies on behalf of shippers. He said the company began taking on significant amount of debt 20 years ago in order to acquire other trucking companies."
Sounds like it was just bad business strategy.
99% true with some very few exceptions. I remember Evan Davis' on a BBC podcast called "The Bottom Line". In said podcast he was interviewing various business people.
One of them was the CEO of Primark.
Over 'here' (in Europe - in multiple countries) you can see MASSIVE stores (I haven't yet been on a Primark store that was smaller than a football pit (per floor - typically two floors - lower for women, upper for men and kids), and they have shockingly low prices. I haven't visited a Primark outside Europe yet, so I have no opinion about other regions.
So.. back to the CEO.. he was responding that their low prices is not because of low quality, but because they never spend a dime on marketing, and thus they can use these savings to improve quality and lower prices, and then went on to challenge the journalist to remember/find one (paid) advertisement.
At that point (5? 6? 7? years ago) I also tried and for the life of me I could not remember ever seeing ads on the Tube (London underground), newspapers, bus stops, internet (but I block 99.9% of them).. anywhere.
So yes, 99% true but then I have a black long-sleeve t-shirt Cedarwood (Primark product) that 5 years on is still in great shape and I do wear it a lot, while the respective H&M don't go past the 2 year mark.
If you look online, Primark continues to engage in this illegal behavior after getting caught on numerous occasions, just like Walmart.
https://www.business-humanrights.org/en/latest-news/minimum-....
https://www.theguardian.com/global-development/2021/jul/02/w...
I'm guessing the cause is more complicated than them just not knowing they should make a profit. If I'm wrong, write them a letter with this advice, there may still be time to save the company.
I think if you join a Union and demand unreasonable benefits for the skill required for a profession, then you’re responsible for the company’s collapse too.
I don’t think I could drive a big rig, it is a skilled labor profession; so what I’m not saying is ‘anyone could do that job’, but it is a job that can be trained for in a shorter amount of time than say an xray tech in a hospital.
What blows my mind is Unions in the USA often bite hard on the hand that feeds them, when it doesn’t need to be this way. The Union should work with the board to improve profits. Why there isn’ta symbiotic relationship is so strange.
So, doing the math.. does it make sense to 'inject $€ X million to keep the company afloat, get the 30,000 and their families fed, the money would come back to the state via taxes, in the hope that the company will go back to the green?
If one (not me) can crunch the numbers, it could (or not?) point to the direction that it was money well spent - and net-net it wasn't "$€ X million" wasted but a fraction of that(?)
The workers conceded quite a bit over the years, but despite that and the bailout, the management of Yellow still couldn't make it work.
So it doesn't surprise me at all that they couldn't reach an agreement with their labor.
Where it is may be where it's supposed to be. Not knowing that doesn't make it lost.
Ex: If I send a ship to sea before we had radio/telegraph, I may not know where it is at any given point, but it's not lost and I don't need to go find it.
It's lost when it misses a check-in, and what constitutes a check-in is really company/org dependent.
I would've loved to avoid them but vendors would often choose them due to their cost.
You see this across the public sector where it's practically impossible to get fired unless you do something egregious.
Lots of union defenders here ignoring that unions make reform impossible.
Look at UPS - union shop, going strong. Management is organized. Company is doing fine.
I know FedEx and UPS offer freight services, but it doesn't sound like they're dominant or close to it in the industry. Why didn't they put Yellow and the likes in the ground years ago?
Of course, the fact that Yellow has shut down suggests that may not be as true as it once was.
Edit: YELLOW is publicly traded and is going into bankruptcy. They posted positive earnings and their CEO got his bonuses last year.
I'll let you all guess whether their leadership team gets their full comp for 2023 or not, while all the employees are told to pound sand.
I'm not going to waste time doing the research, but I would assume leadership had been receiving all of their usual comp and bonuses right up until the end as well.
The workers will get $0.
> I'm not going to waste time doing the research
Yeah that's pretty clear.
That's how broken their financial situation was. Shutting down might allow the shareholders to collect something. Maybe.
Note that US Taxpayers are effective owners of about 1/3 of the company due to past loans.
"In April 2022, Democrats on the Congressional Select Subcommittee on the Coronavirus released a report claiming the loan violated the terms of the CARES Act, and that it resulted from lobbying and close connections with former US president Donald Trump. YRC reportedly got the loan on national security grounds, over the objections of the Defense Department that the company's services could be replaced by better providers, and that the company was in the middle of a False Claims Act in which it was accused of overbilling the government and making false statements."
https://www.google.com/search?q=yellow+trucking+stock&rlz=1C...
Trucks also pay a lot of road use taxes. Some would say not enough, but trucking is not a low-taxed line of business.
The real story here is the non union shops eating Yellow and the other union shops lunch. Government loans just kept it alive to die a slower death.
edited for clarity
US Taxpayers own 30% of the outstanding stock in exchange for a $700 million pandemic loan in 2020.
> “The reason they were using Yellow was because they were cheap,” he said. “They’re finding out that price was below the cost of supporting a good operation.”
What happened that made them decide to shut the company down instead of raising their prices?
Put another way, their labor was probably their largest cost center, and a fixed cost, which means that their marginal cost to provide the service was actually low, but the company was unprofitable due to their fixed costs.
Perhaps they could have raised prices earlier and gone out of business faster, but it's pretty clear that the writing was on the wall for Yellow for quite awhile.
EDIT: All I'm pointing out here is that I don't think this can land squarely on union demands, which is what I think some of the press are making it out to be. The actual financial mismanagement of the company precedes anything the union was asking for (which in part, was for Yellow to live up to their previously agreed obligations)
All of the bad decisions they'd previously made out them in this position, but the union threatening to strike was the straw that broke their back- despite the union withdrawing the threat.
That last tidbit probably tells you all you need to know about how little chance the company had at surviving.
I often hear that it's good for companies to fail if they can't meet a minimum threshold of compensation. If that's the case the unions should have gone on strike.
I'd imagine having all workers walk out would be pretty effective in tanking the stock price, and letting those workers know that they'd be fully funded for any time on the picket line would be huge for solidarity.
One could imagine that timing a strike around predetermined stock based compensation executive payouts might provide a bit more incentive to get to the negotiation table.
Either the strike is announced before you make the shorts, and public knowledge, or it's not, and it's information you only know by connection to insider information.
-note, am not remotely a lawyer
Some person or group of people made that decision.
https://www.myyellow.com/us/en/about-us/extra-mile-blog/why-...
Looks like all big enterprises have no option but to end up in bankruptcy court, given that they're too big to make drastic changes, have to deal with strong arming unions and only when it's too late things have to be decided in court
(same for other industries like Auto)
When companies of this size fail, the consolidation happens at breakneck pace that the legal system of the US obviously cannot keep up with, and we all end up losing, because of reduced competition and worse service as a result.
The employees should be able to buy the company. Not only that, but they should also be given first rights to do that. And if government was serious about keeping businesses in operation through bankruptices, they would also issue a loan to the employees to complete this.
That would keep the company running, under employee control, and save a whole pile of jobs.
Let’s assume employees take over operations, whom among them will step up to run the company? How are you sure they’ll turn it around successfully?
Running a company is hard enough with the typical model. It’s much harder if you try to run it as a democracy where clueless people get to vote on management decisions..
"Bad" actors (in this case people who are bad with money) will simply sell their share of the company for short term household needs, which will begin the process of consolidating company ownership in the hands of more frugal/savvy owners.
Then in the end you simply end up with the same ownership distribution as it exists today.
https://www.nytimes.com/2022/04/27/us/politics/trump-pandemi...
> The $2.2 trillion pandemic relief package that Congress passed in 2020 included a $17 billion pot of money set up by Congress and controlled by the Treasury Department to assist companies that were considered critical to national security. In July 2020, the Treasury Department announced it was giving a $700 million loan to the trucking company YRC Worldwide, which has since changed its name to Yellow.
...
> The loan raised immediate questions from watchdog groups because of the company’s close ties to the Trump administration and because it had faced years of financial and legal turmoil. The firm had lost more than $100 million in 2019 and was being sued by the Justice Department over claims that it had defrauded the federal government for a seven-year period. It recently agreed to pay $6.85 million to resolve allegations “that they knowingly presented false claims to the U.S. Department of Defense by systematically overcharging for freight carrier services and making false statements to hide their misconduct.”
> To qualify for a national security loan, a company needed certification by the Defense Department.
> According to the report, defense officials had recommended against certification because of the accusations that the company had overcharged the government. They also noted that the work that the company had been doing for the federal government — which included shipping meal kits, protective equipment and other supplies to military bases — could be replaced by other trucking firms.
..
> Yellow had many connections to the Trump administration. The company had financial backing from Apollo Global Management, a private equity firm with close ties to administration officials. Mr. Trump had selected the company’s chief executive, Darren D. Hawkins, to serve on a coronavirus economic task force. And he had nominated the company’s former chief executive, William D. Zollars, to the U.S. Postal Service’s board of governors.
..
> A law firm representing Yellow sent a letter to Mr. Clyburn before the release of the report defending the company’s actions and describing many of the allegations as “baseless.” The company stood by the trucking services data that it provided when applying for the loan and said that Yellow has paid more than $25 million in interest on the loan. The letter also noted that company had settled its dispute with the government last month.
> The letter, which was written by Marc E. Kasowitz, who was previously Mr. Trump’s personal lawyer, was provided to The New York Times by Heather Nauert, an adviser to Yellow who was previously a spokeswoman for Mike Pompeo, Mr. Trump’s secretary of state.
Let's see what people who routinely rant about government bailouts have to say about this. I predict silence, because the dollars went to the right kind of people.
It's always amusing that they frame this as the lowly taxpayer holding stock in a company after the government bails a company out. I've never received the stock certificates, and I certainly don't see any dividends or have the ability to sell my commensurate portion of the stock holdings. The taxpayer pays for the bailouts but does not see any benefit for doing so.
Citizens don’t get dividends from government property. They get their tax benefits from government services, e.g, infrastructure, healthcare, police, etc.