Socialist ViewPoint and analysis for working people

January/February • Vol 6, No. 1 •

Delphi Corporation: Bankruptcy by Design

The following are two letters raising the question of how many other “bankruptcies” by billion-dollar American corporations are contrived solely to allow “impartial” judges to negate union contracts. —The Editors

Letter I

November 23, 2005

Babette A. Ceccotti Joseph J. Vitale Cohen, Weiss & Simon LLP
330 West 42nd Street, 25th Floor
New York, New York 10036-6076

Subject: Delphi Corporation: Bankruptcy by Design

Dear Sir or Madam:

As I struggle to understand the reasoning behind the “North American” bankruptcy of a global operation, I can’t help but think that there is something that has been overlooked. I have enclosed for your review, an outline concerning the Constitutional implications of these proceedings. Also, I have enclosed a letter that I have attempted to get to Judge Drain.

Whereas Amendment XIV of the United States Constitution states, “…No state shall make or enforce any law which shall abridge the privileges or immunities of citizens…nor shall any state deprive any person of life, liberty, or property, without due process of law;”

Whereas Mr. Steve Miller stated in his address to the Congress on October 28, 2005, “These are honest, loyal, hard-working people who took a job at GM or Delphi and played by the rules. They cannot be blamed for pursuing the American dream.”

Whereas the Declaration of Independence states that we are “endowed by our Creator…” Life, Liberty and the pursuit of Happiness…” in effect the American Dream.

Whereas Delphi Corporation has taken bankruptcy action against the United States Operations only.

Whereas Delphi Corporation utilized laws that “abridge the privileges or immunities of our citizens…” while allowing the “global operation” to remain free from this litigation.

Whereas this action of bankruptcy against the citizens of the United States and any and all laws supporting it, to be in effect, unconstitutional….

Whereas this action is depriving the citizens of the United States of equal representation under the law while displaying an unfair and discriminatory action in the global arena.


Salvatore L. Ciferno Machine Repairman
Packard Electric Systems
2015 Ewalt Ave. NE
Warren, Ohio 44483
(330) 372-2713

Cc: Niraj R. Ganatra International Union,
UAW 8000 East Jefferson Avenue
Detroit, MI 48214.

Letter II

Honorable Robert Drain
United States Bankruptcy Court
Southern District of New York
One Bowling Green, Room 610
New York, New York 10004

Subject: Delphi Corporation: Bankruptcy by Design

Honorable Robert Drain:

With all respect and admiration for the court system of our land, I submit to you this plea, a plea for fairness to its people. I clearly understand that the court is governed by the facts placed in evidence before it, but my prayer is that God has enlightened your vision and enriched your wisdom as to see through the deception of this “corporate designed” bankruptcy now before you. It takes vicious minds to conceive and execute the travesty of justice that has been placed before your court and even a more vicious mind to expect your Honor to be the instrument of that injustice.

If the presented circumstances surrounding the bankruptcy of the Delphi Corporation were truly believable, and in fact, “truthful,” then I would accept with dignity the inevitable consequences as handed down by your court. My problem lies in the fact that this Corporation has, since its “spin-off” with General Motors, orchestrated its own demise with the sole intention of negating its contractual obligations to its retirees, employees and vendors, the same of which, have been instrumental in the successful global expansion it now enjoys and in turn claims as its own competition.

Charges of wrongdoing, accounting scandal and sheer greed by the corporate leaders of this great country have already cost in the thousands, jobs, life savings and affected generations of families. A “level playing field” is the cry heard in our “free enterprise society,” but where is the voice of this U.S. citizen whose living wage is to be turned back from middle class to a poverty level for no other reason than he is “Working Class,” or to paraphrase Mr. Miller…“human capital that cuts the grass”?

It is a sad day in American history, when corporations of this land can utilize the Freedoms guaranteed by the Constitution of the United States and Laws adjudicated by Her Court System to undermine the very fiber that made Her great by manipulating the law to support companies that choose to take advantage of the enslaved people of China against Her own. Corporate America waits with great anticipation this judgment of your court, for the blue print Delphi has laid before you will be the New Standard followed to achieve Bankruptcy by Design.

Respectfully Submitted,

Salvatore L. Ciferno
Skilled Trades: Machine Repairman
Packard Electric Systems
Delphi Corporation
Warren, Ohio 44483

Cc: Mr. Steve Miller, Delphi Corporation

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