Archive for the ‘Unions’ Category

Corporate Benevolence and Corporate Despotism

Thursday, September 2nd, 2010

When we worry about the influence of big business on our existence these days, we generally think about a variety of companies: our employer, the financial institutions that handle our money, the drug companies that treat our ailments, the agribusiness firms that feed us, the telecoms that allow us to communicate, etc.

Yet there have been many situations in American history in which everyday life was dominated by a single corporation. This occurred when people found themselves residing in what were known as company towns.

The Company Town, an engaging new book by Hardy Green, is apparently the first general history of the efforts by a variety of capitalists in the United States to create communities in which they could control both the working life and the private life of their employees and their families. Green follows the evolution of this special form of urban planning from the textile towns of New England in the early 19th Century to the communities hastily erected by military contractors at the onset of World War II. He also finds modern analogues in amenity-laden corporate campuses such as the Googleplex in California.

Along the way he looks at communities across the country involved in industries such as mining, steel, petroleum, railcars, shipbuilding, meatpacking and logging. The corporate sponsors of these towns included the likes of U.S. Steel, Cannon Mills, Phelps Dodge, Hormel, Maytag, Kaiser Industries and even the federal government (in connection with Oak Ridge, Tennessee, the site of the Manhattan Project).

Green is careful to distinguish between company towns such as Hershey, Pennsylvania that were experiments in corporate paternalism and the harsh communities set up by coal companies to house their miners. The first type represented a form of industrial utopianism, while Green dubs the latter model “exploitationville,” reflecting not only workplace conditions but also substandard housing and overpriced company stores.

Green does a great job in weaving together the biographies of the entrepreneurs responsible for creating many of the company towns with the histories of their firms and industries, putting it all in the context of the tumultuous labor relations of the past two centuries. (Full disclosure: Green is a friend of mine.)

While some of the company towns were created to put manufacturing operations close to the sources of raw materials (e.g. meatpacking plants sited near livestock producers), many were set up to isolate workers from the influences of union organizers and radical agitators. Yet, as Green shows in numerous cases, those influences managed to infiltrate both the paternalistic and the unabashedly exploitative company towns.

He recounts a series of labor disputes beginning with the work stoppages at the Lowell mills and continuing through to the Pullman railcar workers strike in 1894, the Phelps Dodge miners organizing drive in 1917, the Cannon Mills walkout in 1921, the Hershey workers strike in 1937, and the Hormel meatpackers strike in the 1980s.

The willingness of these workers to confront management was all the more amazing in that their employers were also their landlords, meaning that a decision to go out on strike could quickly lead to eviction from one’s home. The will to fight did not always translate into an ability to win, and Green points out that in most cases strikes and organizing drives were crushed by company-town employers – whether they were of the paternalistic or exploitative variety.

Given this oppressive history, it is surprising that when it comes time to analyze the overall lesson of company towns, Green adopts an approach that is far from condemnatory. He suggests that employers who chose the more exploitative approach may not have had a choice, given low profit margins, low skill requirements and other factors in their industries. And he argues that the more paternalistic company towns have something to teach today’s employers.

Some of the features of the best benevolent company towns – affordable housing, day care, good schools, impressive libraries and recreational facilities – certainly have their appeal, especially in today’s climate of cutbacks in public services. Yet those benefits came at a steep price: a loss of freedom, especially in connection with the right to organize for a voice at work.

I would have liked Green to provide more analysis of what the paternalistic and exploitative employers had in common and how the two approaches were simply different ways of achieving the same objective: dominating the workforce while maximizing productivity and profits.

More than the company towns themselves, the struggles of workers in those difficult circumstances provide lessons in dealing with excessive corporate power, whether it comes from one company or many.

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Shaming the Corporate Cheapskates

Thursday, July 15th, 2010

Buried among the many features of the financial reform bill passed by Congress is a provision that could get you a raise. For this to happen, however, you have to work for a large company that is uncomfortable with having it made public how little it pays its workers.

Section 953 of the Dodd-Frank bill deals with disclosures relating to executive compensation, not only at banks but at all publicly traded companies. One of the ways it seeks to rein in out-of-control CEO pay is by requiring firms to reveal how the amount paid to the head of the company compares to that received by the typical employee. The theory is that having this information made public would give pause to grasping CEOs and soft-touch board compensation committees.

The total compensation of chief executives (along with that of the four other highest paid executives) is already disclosed through the annual proxy statements companies have to file with the Securities and Exchange Commission (which makes them public through the EDGAR online system, where the documents are designated as DEF 14A). Yet there have been no requirements relating to the disclosure of how much is paid to the CEO’s underlings.

Section 953 fills this gap by instructing companies to include in their future proxies the median of the annual total compensation paid to all employees apart from the CEO. They also have to calculate the ratio of that median to the CEO’s total bounty.

Those ratios will be fascinating to see, but just as interesting will be the figures on non-CEO pay themselves. For the first time, we will be able to make direct comparisons of the broad compensation practices of different companies within given industries or across sectors. Getting official data from the companies themselves will be an improvement on the selective information that now gets posted on websites such as Glass Door.

There will be limitations, of course. Congress should have required the disclosure of data specifically on hourly workers rather than lumping them in with higher-paid professionals and executives. It would also be preferable to have separate numbers on domestic and foreign employees. And it is likely that companies will exclude low-paid temps and (often misclassified) independent contractors in making their calculations.

Yet this information could still be put to good use. Having clear, company-specific data could help stimulate a much-needed movement to address the problem of wage stagnation in the United States. The reality of that stagnation is quite evident from overall labor market data collected by the U.S. Bureau of Labor Statistics, but it would be much more effective to point the finger at individual companies with low medians and seek to shame them for failing to provide adequate compensation to their workers.

The ability of employers to keep wages low stems from two classic sources: low unionization and high unemployment. We know all too well the story of how anti-union animus on the part of employers has pushed the percentage of private sector workers with collective bargaining protections to historic postwar lows. To the extent they are able, unions target individual companies such as Wal-Mart, T-Mobile and (until it was finally organized) Smithfield Foods for denying their workers the right to representation.

Unions and other advocacy groups also criticize specific companies that engage in mass layoffs, especially when they seem to be undertaken mainly to impress Wall Street.

Yet we rarely hear criticisms of particular companies for failing to hire new workers when conditions seem to warrant it. The “economy” is assumed to be to blame for the high levels of joblessness afflicting us, not deliberate decisions by corporations to keep their payrolls artificially lean. Recently, the U.S. Chamber of Commerce made the absurd argument that overregulation is responsible for the anemic hiring situation. The Obama Administration responded by saying that weak consumer demand is the cause. Absent is the idea that corporations are failing in their responsibilities.

The unwillingness to chastise corporations is all the more bewildering in the face of growing evidence that business is hoarding cash instead of investing in job-creating ways. A front-page story in the Washington Post headlined COMPANIES PILE UP CASH BUT REMAIN HESITANT TO ADD JOBS notes that U.S. nonfinancial companies, buoyed by rising profits, are now sitting on $1.8 trillion in liquid reserves.

Why is there not more of an outcry about this behavior? Here’s an idea: pick companies with the most egregious combinations of rising profits and falling payrolls and press them to justify their boycott of U.S. workers. Once the new disclosure requirement kicks in, they could also be pushed to explain their low compensation levels. Business needs a strong reminder that it also exists to provide opportunities for people to earn a living.

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Refusing the Poisoned Apple

Thursday, July 1st, 2010

Strikes are rare these days (outside China), so the walkout by a group of some 300 workers at a Mott’s juice and applesauce plant in upstate New York takes on added significance: All the more so because the plant’s parent company has gone through a string of ownership changes involving a notorious corporate raider and a major transnational company whose machinations paved the way for the pressure on the Mott’s workers to reduce their standard of living.

The current dispute began earlier this year when contract renewal talks broke down between Mott’s and Local 220 of the Retail, Wholesale and Department Store Union, an affiliate of the United Food and Commercial Workers. According to the union, management refused to bargain in good faith and threatened to cut wages if its final offer was not accepted. The workers did not back down, the company made good on its threat, and a strike was called in May.

“Mott’s told us we were simply making too much,” said Local 220 President Mike Leberth. Most of the workers earn $19.92 an hour — a decent but hardly a princely rate.

The company’s move to cut labor costs was not born of necessity. Mott’s — the country’s number one brand for apple juice and applesauce — is owned by Dr. Pepper Snapple Group (DPS), one of the dominant companies in the U.S. non-alcoholic beverage market.  Last year DPS reported profits of $555 million on sales of $5.5 billion. The company does not provide financial results for individual brands, but the segment of which Mott’s is a part (Packaged Beverages) enjoyed an increase in operating profit of more than 18 percent over the year before.

It is difficult to avoid the conclusion that the inclination of DPS management to squeeze workers comes out of its history of wheeling and dealing. The Dr. Pepper part of the company, which originated in the 1880s, went through a leveraged buyout in the 1980s and was then merged with another buyout victim, the Seven-Up Company, in 1988.  Seven years later, the combined firm was acquired by British beverage and candy giant Cadbury Schweppes. In 2000 Cadbury purchased Snapple from Triarc Companies, the investment vehicle of corporate raider Nelson Peltz, and combined it with Dr. Pepper and Seven-Up. In 2007 Cadbury (now part of Kraft Foods) decided to exit from the American beverage business and spun off DPS the following year through a public offering.

The spinoff was instigated by Peltz, who had become one of Cadbury’s largest shareholders. Peltz then turned his sights on DPS. After accumulating a stake of more than 7 percent in the company through his Trian group, he began to pressure management to sell off its bottling operations.

Peltz appears to have given up on that effort (he has sold off about three quarters of his shares), but he must still be keeping DPS executives on edge. Peltz — a member of the Forbes 400 — has a history of squeezing corporations, to the detriment not only of management but also workers. One of his most notable “successes” was condiment maker Heinz, which Peltz pressured to close some 15 factories and eliminate thousands of jobs worldwide. In 2007 Britain’s Birmingham Post published an article on Peltz headlined “Billionaire Hated by Unions.”

Apart from the lingering effects of Peltz’s maneuvers, DPS may be facing some price pressure exerted by Wal-Mart, which, according to the DPS 10-K annual filing, is the company’s single largest customer, accounting for 13 percent of its sales.

All of this is not to take the management of DPS off the hook. DPS chief executive Larry Young apparently did not think there was anything wrong when he (presumably) authorized the management of Mott’s to seek wage and benefit reduction at around the same time that the company’s proxy statement was reporting that he received total compensation of $6.5 million last year.

DPS has also not been completely diligent about environmental matters. In 2005 one of its units in California paid the EPA more than $1 million in criminal and civil penalties for industrial stormwater and wastewater violations at two bottling plants.  And this year, tests of children’s juice boxes done by Florida’s St. Petersburg Times found that Mott’s samples had arsenic concentrations above the “level of concern” set by the U.S. Food and Drug Administration and were the highest among those brands tested.

More than anything else, the situation at Mott’s illustrates that Corporate America no longer has any interest in permitting workers to be decently paid. Whereas certain companies once took pride in providing higher wages and better working conditions, that is now seen as a stigma — even when a firm is thriving. Whether to please Wall Street, Wal-Mart or the likes of Nelson Peltz, Mott’s and DPS are trying to force their employees to eat the poisoned apple of reduced living standards. It is encouraging that the members of Local 220, unlike Snow White, are not being lulled into oblivion.

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Corporate Overkill

Friday, April 9th, 2010

There is so much corporate misbehavior taking place around us that it is possible to lose one’s sense of outrage. But every so often a company comes along that is so brazen in its misdeeds that it quickly restores our indignation.

Massey Energy is one of those companies. Evidence is piling up suggesting that corporate negligence and an obsession with productivity above all else were responsible for the horrendous explosion at the Upper Big Branch mine in West Virginia that killed at least 25 workers.

This is not the first time Massey has been accused of such behavior. In 2008 a Massey subsidiary had to pay a record $4.2 million to settle federal criminal and civil charges of willful violation of mandatory safety standards in connection with a 2006 mine fire that caused the deaths of two workers in West Virginia.

Lax safety standards are far from Massey’s only sin. The unsafe conditions are made possible in part by the fact that Massey has managed to deprive nearly all its miners of union representation. That includes the workers at Upper Big Branch, who were pressured by management to vote against the United Mine Workers of America (UMWA) during organizing drives in 1995 and 1997. As of the end of 2009, only 76 out of the company’s 5,851 employees were members of the UMWA.

Massey CEO Don Blankenship (photo) flaunts his anti-union animus. It’s how he made his corporate bones. Back in 1984 Blankenship, then the head of a Massey subsidiary, convinced top management to end its practice of adhering to the industry-wide collective bargaining agreements that the major coal operators negotiated with the UMWA. After the union called a strike, the company prolonged the dispute by employing harsh tactics. The walkout, marked by violence on both sides, lasted 15 months.

In the years that followed, Massey phased out its unionized operations, got rid of union members when it took over new mines and fought hard against UMWA organizing drives. Without union work rules, Massey has had an easier time cutting corners on safety.

Massey has shown a similar disregard for the well-being of the communities in which it operates. The company’s environmental record is abysmal. In 2000 a poorly designed waste dam at a Massey facility in Martin County, Kentucky collapsed, releasing some 250 million gallons of toxic sludge. The spill, larger than the infamous Buffalo Creek flood of 1972, contaminated 100 miles of rivers and streams and forced the governor to declare a 10-county state of emergency.

This and a series of smaller spills in 2001 caused such resentment that the UMWA and environmental groups—not normally the closest of allies—came together to denounce the company. In 2002 UMWA President Cecil Roberts was arrested at a demonstration protesting the spills.

In 2008 Massey had to pay a record $20 million civil penalty to resolve federal charges that its operations in West Virginia and Kentucky had violated the Clean Water Act more than 4,000 times.

And to top it off, Blankenship is a global warming denier.

Massey is one of those corporations that has apparently concluded that it is far more profitable to defy the law and pay the price. What it gains from flouting safety standards, labor protections and environmental safeguards far outweighs even those record penalties that have been imposed. At the same time, Massey’s track record is so bad that it seems to be impervious to additional public disgrace.

Faced with an outlaw company such as Massey, perhaps it is time for us to resurrect the idea of a corporate death penalty, otherwise known as charter revocation. If corporations are to have rights, they should also have responsibilities—and should face serious consequences when they violate those responsibilities in an egregious way.

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A “Poster Child for Corporate Malfeasance”

Thursday, March 25th, 2010

One of the cardinal criticisms of large corporations is that they put profits before people. That tendency has been on full display in the recent behavior of transnational mining giant Rio Tinto, which has shown little regard for the well-being not only of its unionized workers but also of a group of executives who found themselves on trial for their lives in China.

The China story began last July, when four company executives — including Stern Hu, a Chinese-born Australian citizen — were arrested and initially charged with bribery and stealing state secrets, the latter offense carrying a potential death penalty. The charges, which most Western observers saw as trumped up, were made during a time of increasing tension between Rio and the Chinese government, one of the company’s largest customers, especially for iron ore.

Earlier in the year, debt-ridden Rio had announced plans to sell an 18 percent stake in itself to Chinalco, the state-backed Chinese aluminum company, for about $20 billion. Faced with strong shareholder and political opposition, Rio abandoned the deal in June 2009. The arrests may have been retaliation by the Chinese for being denied easier access to Australia’s natural riches.

Although Rio claimed to be standing by its employees, the case did not curb the company’s appetite for doing business with the deep-pocketed Chinese. Rio continued to negotiate with Beijing on large-scale iron ore sales. It seems never to have occurred to the company to terminate those talks until its people were freed. In fact, only weeks after the arrests, Rio’s chief executive Tom Albanese was, as Canada’s Globe and Mail put it on August 21, “trying to repair his company’s troubled relationship with China.”

Before long, Rio was negotiating with Chinalco about participating in a copper and gold mining project in Mongolia. One thing apparently led to another. In March 2010 — after its still-imprisoned employees had been officially indicted and were about to go on trial — Rio announced that it and Chinalco would jointly develop an iron ore project in the West African country of Guinea.

When that trial began a couple of weeks later, the Rio managers admitted guilt, but not to the more serious charge of stealing trade secrets. Instead, they said they had engaged in bribery — but as recipients rather than payers. While the four defendants may have been guilty of some impropriety, it is likely that the admissions were a calculated move to gain a lighter sentence in a proceeding whose outcome was predetermined. And that was the case in large part because their employer decided that its business dealings were more important than demanding justice for its employees.

Rio is no more interested in justice when it comes to its operations outside China. It has been accused of human rights violations in countries such as Indonesia and Papua New Guinea. And it has a track record of exploiting mineworkers in poor countries such as Namibia and South Africa while busting unions in places such as Australia. Recently, Rio showed its anti-union colors again in the United States.

On January 31 its U.S. Borax subsidiary locked out more than 500 workers at its borate mine in Kern County, California. The workers, members of Local 30 of the International Longshore & Warehouse Union had the audacity of voting against company demands for extensive contract concessions. The company wasted no time busing in replacement workers.

In a press release blaming the union for the lockout, U.S. Borax complained that ILWU members earned much more than workers at the company’s main competitor Eti Maden. The release conveniently fails to mention that Eti Maden’s operations are in Turkey.

Also missing from the company’s statement is the fact that the biggest driver of demand for boron – a material used in products ranging from glass wool to LCD screens – is the Chinese market. If U.S. Borax busts the ILWU in a way that keeps down boron prices, then the ultimate beneficiary may be Rio Tinto’s friends in China.

It is no surprise that mining industry critic Danny Kennedy once wrote that Rio Tinto “could be a poster child for corporate malfeasance.”

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Kowtowing to the Corporate Elite

Friday, February 12th, 2010

Two national political figures recently made statements about the pay practices of the big banks that did so much to create the current economic crisis. Can you tell which one was made by Barack Obama and which came from the mouth of Sarah Palin at the recent Tea Party convention?

Comment A: “While people on main street look for jobs, people on Wall Street, they’re collecting billions and billions in your bailout bonuses. Among the top 17 companies that received your bailout money, 92 percent of the senior officers and directors, they still have their good jobs. And everyday Americans are wondering, where are the consequences for them helping to get us into this worst economic situation since the great depression? Where are the consequences?”

Comment B (responding to a question about the $9 million in compensation received by Lloyd Blankfein of Goldman Sachs and the $17 million received by Jamie Dimon of JPMorgan Chase): “I know both those guys. They are very savvy businessmen. And I, like most of the American people, don’t begrudge people success or wealth. That is part of the free-market system…$17 million is an extraordinary amount of money. Of course, there are some baseball players who are making more than that and don’t get to the World Series either, so I am shocked by that as well… I guess the main principle we want to promote is…that shareholders have a chance to actually scrutinize what CEOs are getting paid, and I think that serves as a restraint and helps align performance with pay.”

Sad to say, the lame second statement, which sounds like something composed by a not particularly imaginative flack for the financial industry, was made by President Obama in an interview with Bloomberg BusinessWeek. His comments caused such an initial uproar that the Administration’s Deputy Communications Director Jen Psaki felt compelled to put up a post on the White House blog to try to clear up any “confusion” about what the standard bearer of the Democratic Party was saying.

If Psaki’s aim was to repair Obama’s progressive bona fides, she actually made matters worse by reiterating her boss’s previous comments about the glories of the free market and the wonders of individual wealth.

What is going on here? At a time when the public is outraged at the behavior of Big Finance — and when even a dunce such as Palin realizes she must condemn Wall Street greed — Obama decides to soft-pedal his criticism. Rather than acknowledging the damage done by the likes of Blankfein, he treats the matter as an intellectual exercise of fine-tuning pay to match performance. Wall Street pay is well-aligned with performance. The problem is that what’s been performed – the bad loans and toxic assets in the period leading up to the crisis and the stingy lending and bailout abuses in its aftermath – is good for the banks but disastrous for the economy as a whole.

Much of the Obama interview is an embarrassing obeisance to corporate power. The President seems to be apologizing for giving even the slightest the impression that he is anti-business. “Everything we have done over the last year,” he said, “and everything we intend to do over the next several years, I think is going to put American business on a stronger footing.” Asked why he does not have a “major CEO” in his cabinet, Obama replies: “We want and need more input from the corporate community.”

And he gushes over CEOs he admires. He lauds Fred Smith of FedEx as “thoughtful” and says that “sitting down and talking to him was incredibly productive and helps inform how we shape policy.” Hopefully, that does not include labor policy, given FedEx’s resistance to unionization and its abuse of the independent contractor classification. According to BusinessWeek, Obama had a staffer send a follow-up e-mail with a list of his other favorite CEOs, including Ivan Seidenberg of Verizon, another foe of unions.

A generous interpretation of Obama’s BusinessWeek interview is that he is simply trying to counteract overheated right-wing rhetoric depicting him as some kind of socialist. Yet he doesn’t seem to feel the same discomfort about the fact that, as Obama admits in the interview: “On the left we are perceived as being in the pockets of Big Business.”

He seems to regard that image, based on his mostly timorous approach to matters such as healthcare and financial reform, as a political benefit. During normal times in laissez-faire America, that might be the case. Yet this is an era in which an endless series of scandals and misbehavior have left the legitimacy of big business in tatters. Kowtowing to the corporate elite is bad politics and bad policy.

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A Corporate Full-Body Scan

Thursday, January 28th, 2010

The one redeeming feature of the abominable Supreme Court ruling on corporate electoral expenditures is the majority’s retention of the rules on disclaimers and disclosure. While opening the floodgates to unlimited business political spending, the Court at least recognizes that the public has a right to know when a corporation is responsible for a particular message and a right to information on a corporation’s overall spending.

Writing for the majority, Justice Kennedy states: “The First Amendment protects political speech; and disclosure permits citizens and shareholders to react to the speech of corporate entities in a proper way. This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages.”

There’s no question that steps must be taken to mitigate the Citizens United ruling, whether through changes in corporation law, shareholder pressure, enhanced public financing of elections, or even a Constitutional amendment.

Yet while these efforts progress, it is also worth taking advantage of the Court’s affirmation of the principle of transparency and push for even greater disclosure than what we have now. Groups such as the Sunlight Foundation are already moving in this direction.

The effort could begin with pressing the Federal Election Commission to tighten the existing reporting rules on what are known as “electioneering communications” and to enforce them more diligently.  But that’s not enough.

In the wake of Citizens United, we’ve got to demand more information on the many ways corporations exercise undue influence not only on elections but also on legislation, policymaking and public discourse in general. Now that Big Business is a much bigger threat to popular democracy, we have to subject corporations to intensive full-body scans to find all their hidden weapons of persuasion. The following are some of the areas to consider.

Lobbying. In his State of the Union Address, President Obama said that lobbyists should be required to disclose every contact with the executive branch or Congress. That’s fine, but why stop there? Many corporations do their lobbying indirectly, through trade associations which disclose little about their sources of funding. How about rules that require those associations to disclose the fees paid by each of their members and require publicly traded companies to disclose exactly how much they pay to belong to each of their various associations?

Front Groups. Corporations also indirectly seek to influence legislation and public opinion by bankrolling purportedly independent non-profit advocacy groups. Such front groups—such as those taking money from fossil-fuel energy producers to deny the reality of the climate crisis—do not have to publicly disclose their contributor lists. Why not require publicly traded companies, at least, to reveal all of their payments to such organizations?

Union-Busting. Encouragement of collective bargaining is still, in theory, official federal policy. Yet many companies violate the principle—and the rights of their workers—by using corporate funds to undermine union organizing campaigns. The existing rules on the disclosure of expenditures on anti-union “consultants” are too narrow and not vigorously enforced. That should change.

These are only a few of the ways that undue political influence and other forms of anti-social corporate behavior could be addressed through better disclosure. Yet, as we’ve seen, transparency by itself does not counteract corporate power unless something is done with the information.

This came to mind in reading the last portion of the Citizens United ruling. Not all five Justices in the majority went along with the idea of maintaining the disclaimer and disclosure rules. Parting with Kennedy, Roberts, Scalia and Alito, Justice Thomas argued not only that corporate independent expenditures should be unrestricted, but also that they should be allowed to take place under a veil of secrecy.

He bases his argument not on legal precedent, but rather on dubious anecdotal evidence that some supporters of California’s anti-gay-marriage Proposition 8 were subjected to threats of violence after their names appeared on public donor lists. Thomas thus suggests that corporations should be able to make their political expenditures anonymously to avoid retaliation.

While I am in no way advocating violence, I think activists need to use the information that becomes public as the result of expanded disclosure to make corporations pay a price for any attempts to buy our political system. If we can get them to worry about (non-violent) retaliation to the point that they limit their expenditures, then we will have gone a long way toward neutralizing the pernicious effects of the Citizens United ruling.

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Back to the Barricades?

Thursday, January 7th, 2010

The news that Byron Dorgan and Christopher Dodd will not run for reelection has Democrats fretting that they will lose their 60-vote supermajority in the Senate and will no longer be able to get anything accomplished.

But what have we got to show, with regard to checking corporate abuses, for the past 12 months of Democratic control over the legislative branch as well as the White House? Last year this time, excitement over Obama’s election and the Democratic gains in Congress persuaded many activists that great things could once again happen in Washington. The big business agenda would supposedly no longer reign supreme, and progressives anticipated major legislative gains regarding healthcare coverage, financial regulation, the climate crisis and union organizing.

Now those expectations seem hopelessly naïve. Rather than radical changes, we’ve ended up with a disappointing series of half-measures, quarter-measures, and stalemates.

The biggest frustration is in the healthcare arena. We seem to be on the verge of getting a new system that will expand coverage and curb some of the most egregious insurance industry abuses, but these improvements come at a high cost. The final bill will likely have a strict individual mandate compelling those without coverage to become customers of a bunch of blood-suckers yet a weak employer mandate allowing many companies to avoid providing decent coverage to their workers. It will not seriously regulate insurance rates yet may end up penalizing union workers who gave up wage increases to get more generous benefits. The bill that squeaked through the Senate and is expected to form the basis of the final legislation is so compromised that veteran reformers such as Physicians for a National Health Program have called for its defeat.

After crippling the economy through reckless investments and forcing millions of homeowners into foreclosure, the big banks have largely been treated with deference by Congressional Democrats and the Obama Administration. Nothing has been done to break up institutions deemed too big to fail and thus able to extort massive taxpayer-funded bailouts. Despite loud complaints from bankers used to sumptuous pay packages, the federal government’s restrictions on executive compensation have been pretty indulgent. The bill that passed the House in December creates a new consumer protection agency for financial services, but it is unclear how much power it will have. And the bill lacks aggressive regulation of the exotic financial instruments that helped bring about the crisis. Separate legislation on credit cards that was enacted curbs some of the industry’s most outrageous practices but does nothing about usurious interest rates.

The climate bill passed by the House in June not only shunned strict emission limits in favor of the dubious cap-and-trade system, but it would allow many major polluters to avoid paying for their emission allowances for up to 20 years. And the overall emission reductions the bill envisions are far below the level needed to make a substantial dent in global warming.

And then there’s the Employee Free Choice Act, the key priority of the labor movement, which did so much to get Obama and many Democrats elected. The legislation has been in suspended animation for many months as Senate leaders apparently cannot muster enough votes to overcome intransigent opposition not only from Republicans but also from some Dems. EFCA remained stalled even after the AFL-CIO signaled it was open to compromise on the key issue of card-check organizing.

Overall, corporate interests have been remarkably successful over the past year in avoiding serious restraints on their freedom of action. Much of what the Democrats are accomplishing amounts to the appearance of reform. It gives the impression that corporate misbehavior is being addressed but is actually inoculating business against more stringent regulation. In the case of healthcare, the situation is even worse: by turning millions into captive customers, Congress is granting unprecedented power and legitimacy to a discredited industry.

There are plenty of obvious explanations for this dismal performance. It is easy to point to the corrupting effect of corporate campaign contributions and lobbying by former Congressional staffers as well as the pernicious role of conservative Democrats and egomaniacs like Joe Lieberman.

But the progressive movement also deserves some of the blame. The euphoria following the 2008 election gave rise to another bout of the delusion that serious change requires nothing more putting in office a certain number of people with the preferred party designation.

During the 1930s FDR is supposed to have told activists in a private meeting: “I agree with you, I want to do it, now make me do it.” Although that quote has showed up in several blogs over the past year, the underlying message seems to have been lost on many of today’s activists. With the absence of substantial popular pressure, it has been easier for Congressional Democrats to succumb to the siren song of the corporate interests.

Ironically, it has been the woefully ignorant and confused tea party movement—serving as a witting or unwitting stalking horse for the corporate elite—that has lately shown the power of grassroots mobilization. Their positions make no sense, but the tea baggers have made sure that Congressional Republicans maintain a hard-right stance on everything.

Perhaps we will accomplish more if we return to our own barricades.

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Can the Redlining of U.S. Workers Be Stopped?

Friday, November 20th, 2009

wind turbineWe’re meant to believe that corporations make their investment decisions based on carefully considered financial and competitive considerations. Yet a recent announcement by a Chinese manufacturer of turbines for wind energy shows how political pressure can quickly change business priorities.

In late October the company, A-Power Energy Generation Systems, announced that it had been chosen to supply some 240 turbines for a large wind farm planned for Texas. That would have been just another in a long series of manufacturing-goes-to-China stories, but for reports that the group launching the $1.5 billion project—a joint venture of China’s Shenyang Power, Texas-based Cielo Wind Power and private equity firm U.S. Renewable Energy Group—was intending to take advantage of U.S. government funding through the Recovery Act.

New York Senator Chuck Schumer raised a stink about this in an open letter to Energy Secretary Steven Chu, highlighting reports that while the Texas wind farm would create a modest number of local jobs, the much bigger employment impact—2,000 to 3,000 jobs—would be felt at A-Power’s factories in China.

The ensuing uproar—with protests coming from figures as divergent as Steelworkers union president Leo Gerard and rightwing Missouri Senator Kit Bond—got the joint venture’s attention. While not abandoning the plan to import turbines for the Texas wind farm, A-Power and U.S. Renewable Energy Group announced on November 17 that they would construct a new wind turbine factory in the United States with a workforce of about 1,000.

That’s good news for the job-starved American economy, but all the attention given to A-Power has obscured a set of larger problems concerning the U.S. renewable energy industry.

The first is that the operation of facilities such as wind farms does not generate much employment—once built, they basically run themselves. The real employment potential is in manufacturing the turbines and other components used to generate wind and solar energy.

The disturbing fact is that, with the exception of General Electric, large U.S. companies have shown little interest in domestic production of these components. This has created an opening for foreign firms such as Gamesa (from Spain), Vestas (Denmark), Siemens (Germany) and Sanyo (Japan) to capture a large share of U.S. production of wind and solar components. Over the past few years they have invested hundreds of millions of dollars in plants from Pennsylvania to Oregon—and have often received lavish state and local economic development subsidies for doing so.

Unfortunately, the economic crisis has taken its toll on this sector, and expansion plans are being curtailed or postponed. For example, wind turbine maker Vestas, which has invested heavily in Colorado and planned to boost its workforce in that state to 2,500, recently said it would slow its pace of hiring.

To make matters worse, some of the newer U.S.-based wind and solar manufacturing companies that claim to be interested in domestic production have been lured by the siren call of cheap overseas labor. Evergreen Solar, for instance, recently revealed that it plans to shift assembly of solar panels from its heavily subsidized plant in Devens, Massachusetts to Wuhan, China. It would follow in the footsteps of U.S. firms such as First Solar, which already does most of its manufacturing in Malaysia, and TPI Composites, which produces wind turbine blades in Mexico and China.

It’s also not the case that foreign firms are always worse than domestic ones when it comes to respecting the rights of workers. Within the wind and solar sector there are U.S. companies that seek to weaken their unions (such as GE) or keep them out altogether (e.g., DMI Industries, which fought a Teamsters organizing drive). At the same time, there is Spain’s Gamesa, which accepted the desire of its workers in Pennsylvania to unionize and has developed a cooperative relationship with the Steelworkers.

From a labor perspective, the issue is not whether a company is foreign or domestic. What counts is whether it is redlining U.S. workers or giving them a chance to participate in producing the components of the economy of the future.

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Toyota to California: Drop Dead

Friday, July 31st, 2009

nummiThe U.S. market, especially in states such as California, has played a major role in Toyota’s ascent to the top of the global automobile industry. Now the company is showing its appreciation by announcing plans to put nearly 5,000 people out of work in the San Francisco Bay Area by closing its New United Motor Manufacturing Inc. (NUMMI) operation. The move came shortly after the new federally subsidized General Motors decided to exit what had been a 25-year joint venture between the two companies.

If Toyota ignores the pleas of California public officials and proceeds with the shutdown, the closing would represent a sharp break with the company’s paternalistic traditions. “It’s as if a long-held doctrine at Toyota – that it doesn’t shut down factories and it doesn’t fire workers – has crumbled,” a Japanese auto analyst told the New York Times. “Some would say this is a new era for Toyota.”

To be accurate, Toyota’s paternalism has not extended to the contingent workers it has employed at home and in the United States, and earlier this year it used voluntary buyouts to thin the ranks of regular workers at various U.S. plants.

Conditions are admittedly tough for Toyota. It posted its first annual loss in half a century for the fiscal year ending in March amid the sharp economic downturn. Yet it cannot be an accident that the only one of the company’s ten U.S. manufacturing plants to be put on the chopping block is the one where the workers are unionized.

Toyota, like other foreign automakers, has made sure to keep its U.S. operations non-union. NUMMI was a special case. It was created at a time when GM thought it needed to learn the secrets of Japanese auto production, Toyota was looking for ways to increase its U.S. market share without inflaming anti-import sentiments, and the United Auto Workers union was willing to experiment with new work rules that raised productivity amid rising industry layoffs.

The UAW took a lot of grief for its “jointness” arrangement at NUMMI, where the intensified pace of production was denounced by critics as “management by stress.” The contracts negotiated by the UAW have forced workers to earn a portion of their pay in the form of production bonuses. Earlier this year, the U.S. Labor Department ordered NUMMI to pay its workers an additional $862,000 because the company had miscalculated the bonuses for 2008 (Labor Relations Week, 6/25/09).

Despite the extent to which the UAW and NUMMI workers bowed to Toyota’s way of doing business, the company did not hesitate to shut down the operation once GM was out of the picture. Toyota has apparently given little thought to the impact of the closing on California’s economy amid the recession and the state’s fiscal crisis, which was resolved only by enacting cruel cuts in education and other public services. Instead, it is complaining about labor costs at NUMMI compared to its non-union plants in places such as Kentucky.

Not long ago Bloomberg reported that Toyota was considering using the NUMMI plant to produce its popular Prius. That would be appropriate, given the hybrid’s popularity in California. But the company quickly quashed that rumor and insisted that instead it would add Prius capacity at its planned plant in Mississippi once the market begins to recover. The Mississippi facility is slated to receive some $300 million in state economic development subsidies and, of course, will be run without a union.

Despite all that California has done for Toyota, the company’s message to the Golden State is: drop dead.

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