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The Root of Sago Mine Disaster: Corporate Crime Pays

January 14, 2006 by staff

By Jeff Milchen 
Published January 14, 2006

In the aftermath of the Sago mine disaster, the Bush Administration issued familiar and predictable promises to conduct a full investigation and take “necessary steps to ensure that this never happens again.”

Administration officials could learn a lot about improving mine safety by talking with any miner for just a few minutes. But the most crucial step to prevent tragedies like Sago has little to do with the specifics of mining — it involves changing the cost-benefit analysis made by corporate executives in workplace safety decisions.

Consider the decisions by managers of the Sago mine, which received more than 200 citations last year from the Mine Safety and Health Administration (MSHA), the federal agency charged with enforcing safety compliance. These were not just minor infractions; in the last quarter of 2005, inspectors cited 18 “serious and substantial” violations capable of causing major injuries or deaths. Not surprisingly, Sago’s accident rate tripled the national average and more than a dozen serious roof falls — in which huge slabs of the mine roof simply collapsed — were recorded last year. Many citations were for violating ventilation standards that exist specifically to prevent explosions like that which doomed Sago’s victims.

“This mine [Sago] should have been closed… the record is very clear,” says Jack Spadaro, former director of the National Mine Safety and Health Academy.

Instead, MSHA continued issuing fines and the managers at then-owner Anker Mining Co. simply wrote them off as a cost of doing business on the cheap. It made perfect sense for the corporation’s bottom line; the fines for those 205 violations total about $25,000. This was a pittance to Anker, never mind International Coal Group (ICG), which bought the Sago mine last November. ICG’s most recent quarterly earnings were $158 million, meaning the average fine levied in 2005 — about $150 — equals a few seconds of income. Such “enforcement” has a deterrent effect akin to punishing drunk driving with fines of a few nickels.

Like drunk or reckless drivers, most corporate executives would never break the law deliberately if they knew action X would cause the deaths of persons one through 12. But that’s never the case. The structure of corporations tends to separate decision-making power from accountability for those decisions, and executives are expected to weigh only economic costs against benefits, not the human impact of their decisions.

At Sago, it seems management performed the same calculations their counterparts at Ford, Firestone, and other corporations employed with deadly results. When money saved by ignoring the law far outweighs the cost of minuscule fines and the occasional lawsuit, corporations often will endanger workers, customers or all of us.

The Bush administration reflexively blames “bad apples” rather than addresses a broken system and its own role in perpetuating it, but Rep. Major Owens, D-NY, was on target when he noted last year, “the federal government is itself guilty of gross negligence in efforts to deter corporate manslaughter.”

Rather than solving that problem, Bush and Congress continue to exacerbate it. Since Bush took office, 17 proposed MSHA standards to protect miners’ safety and health were discarded, and the number of mines referred by MSHA to the Justice Department for criminal prosecution has dropped from 38 in 2000 to 12 last year.

Compromising the agency’s mission already driven away dedicated staff. Celeste Monforton, former special assistant at the MSHA for 6 years under the Clinton administration, told me she left a year after Bush took office because she “didn’t want to be a disgruntled employee.” Monforton believed Bush appointees were focused on “trying to be a friend and partner to industry instead of protecting workers.”

Bush appointees also have squelched the flow of information from MSHA, denying or heavily redacting information requests. Ironically, the agency was exceptionally transparent during his father’s presidency, according to Ellen Smith, editor of Mine Health and Safety News.

Preventing the Next Tragedy

When Rep. Owens introduced the Wrongful Death Accountability Act last year, to make corporate manslaughter a felony offense and double the maximum punishment for lying to federal safety inspectors, Republicans quickly killed the bill on a party-line vote.

In sharp contrast, government responded swiftly (if inadequately) when the corporate media and wealthy interests sounded alarms over the financial harm caused by fraud and accounting crimes at Enron. Forcing federal officials to change their political calculations and treat corporate crimes that kill as seriously as those harming investors will require a level of public outcry that dwarfs the response to the Enron and Arthur Andersen scandals.

Perhaps the outrage over Sago will prove the impetus to save the lives of other Americans. It’s not just to protect those toiling in mines. More U.S. workers are killed in workplace accidents in an average day than died in the Sago mine — most of them in equally preventable events.

Though the timing was unpredictable, let’s recognize the Sago tragedy is not rightfully called an “accident.” Corporate executives’ decisions will change when endangering workers’ lives carries the likelihood of painful fines or imprisonment. Only then will crimes like those at Sago, and the subsequent tragedy, cease to be regular events.

An earlier version of this story was first published by TomPaine.com.

Addendum: On Jan. 10, less than one week after the Sago miners were found dead, a roof collapse at a mine owned by Maverick Mining Co. in Pikeville, KY killed employee Cornelius Yates. The mine had been cited five times in two years for failure to protect against roof falls. The average fine was less than $70.

© 2006 ReclaimDemocracy.org 

Selected articles of note

  • The Martin County Coal Mine slurry spill and the Bush cover-up of an environmental disaster (Salon.com)
  • Even safety inspections themselves were found to violate the law at Sago (Charleston Gazette)
  • March 2006 news report by The New Standard

More features on Corporate Accountability

Filed Under: Corporate Accountability, Food, Health & Environment

It’s Time to Bar Corporate Criminals from Federal Contracting

October 7, 2005 by staff

By Charlie Cray 
Published October 7, 2005

Editor’s note: The author published an earlier version of this article in the San Diego Tribune.

Shortly after Katrina hit, FEMA, the Federal Emergency Management Agency, gave out huge no-bid contracts for post-hurricane debris removal and reconstruction: contracts guaranteeing that many of the companies now looting U.S. taxpayers in Iraq will be cleaning up from the Gulf Coast disaster. Because there was enough public outcry, FEMA pledged to a Senate Committee on October 6 that it would re-bid the contracts.

People whose jobs and homes were washed away in the U.S. hurricanes are finding it difficult to get in on the action.

First, President George Bush signed a waiver of the wage requirements that apply to federal contractors. He also junked affirmative-action requirements for contractors. Minority contractors say they are being shut out — just as many Iraqi-owned companies are excluded from working on their own country’s reconstruction.

FEMA has made the contracting process even more opaque by outsourcing procurement and contracting processes to such companies as Ashbritt and Acquisition Solutions.

Ashbritt’s ties to Mississippi Gov. Haley Barbour may be one reason that company got a $500 million contract. Barbour knows how the game works; he helped Ashbritt get similar work in Florida last year, and he consulted for companies bidding on contracts in Iraq, along with former FEMA head Joseph Allbaugh. Allbaugh, whose Baton Rouge offices are in the eye of the current contracting windfall, is reportedly consulting for Halliburton and for Shaw, another no-bid FEMA contractor.

Back in Washington, Sen. Mel Martinez (R.-Fla.) held a “Katrina Reconstruction Summit” for contractors. The Sept. 26 meeting was co-sponsored by Halliburton.

The Bush administration should have learned from the botched reconstruction of Iraq that success requires the involvement in planning of those with the most at stake. But the administration apparently can’t figure out why, when it’s got so many friends working as lobbyists and contractors, it should bother talking to anyone else.

Of course, the Gulf Coast is not the Persian Gulf. And a modest effort is afoot to prevent the kind of contracting abuses witnessed in Iraq. House and Senate appropriations committees have sent dozens of inspectors to monitor the Katrina contractors. In addition, a bipartisan group of senators, led by Susan Collins (R.-Maine) and Joseph Lieberman (D.-Conn.), wants to let the inspector general — whose office uncovered the fraud and waste in Iraq — oversee the Katrina contracts. Meanwhile, Sen. John Cornyn (R.-Texas) has introduced a bill that would establish stiff criminal penalties for misuse of relief and reconstruction funds.

These are good ideas. But if Congress really wants to prevent the waste, fraud, and other abuses seen in Iraq, it must exclude companies with a record of contracting abuses from participating in any contracts.

On the same day that Republican Senator Martinez was helping Halliburton, 19 members of the Congressional Progressive Caucus called on (pdf) President Bush to suspend Halliburton from any new federal contracts, because of its history of fraud, bribery, and other abuses, in Iraq and elsewhere.

The caucus’s proposal will probably be dismissed as partisan sniping. But it makes sense: The federal government suspended Enron from any new federal contracts after that company’s crimes were revealed, even before any of its executives were indicted or convicted. Similarly, we should protect taxpayers by applying the same exclusion to Halliburton.

Federal acquisition regulations require the use of “responsible contractors.” Surely there are few companies with Halliburton’s astonishing record of bribery, fraud, and other abuses. Recall the truckloads of overpriced gas imported from Kuwait to Iraq; the $100 laundry bags’; the $45 cases of soda; the deliberate torching of $85,000 trucks in need of repair; multiple cases of bribery in Iraq and Nigeria; the use of a Cayman Islands subsidiary to do business in Iran (in violation of U.S. policy); and so forth. Numerous investigations into Halliburton’s contracting practices and abuses are still under way at the Department of Justice, the Securites and Exchange Commission, and the Treasury Department.

The Army Corps of Engineers cannot be trusted to enforce the requirement of “responsible contractors.” It recently demoted Bunnatine Greenhouse, the high-ranking whistleblower who told Congress that contracts awarded to Halliburton represented “the most blatant and improper contract abuse I have witnessed during the course of my professional career.” Greenhouse says she was “removed because I steadfastly resisted and attempted to alter what can be described as casual and clubby contracting practices.”

Another federal-government office charged with enforcing responsible-contracting standards has been undermined by Bush’s penchant for placing political cronies with questionable competence in high-level bureaucratic positions. David Safavian — whose Office of Procurement Policy at the General Services Administration oversees an estimated $300 billion worth of annual government contracts — was recently arrested for lying to investigators and obstructing an investigation of Republican lobbyist Jack Abramoff.

With incompetent or corrupt cronies in charge of enforcing responsible-contracting rules, it’s not surprising that Halliburton got a $16 million contract after Katrina. But if Congress is serious about preventing the kind of waste, fraud, and other abuses that we witnessed in Iraq, Congress must exclude such corporate criminal recidivists as Halliburton from any future contracts.

Charlie Cray is the co-author of The People’s Business, director of the Center for Corporate Policy, and co-director of HalliburtonWatch.org .

Filed Under: Corporate Accountability

Debating the Community Values Act

September 20, 2005 by staff

The Olympian editorial board attacks the Act; Olympia ReclaimDemocracy.org organizer responds

First published by The Olympian, Sept 13, 2005

By The Olympian Editorial board

There is a small group of people in South Sound who want cities to begin grading private businesses and close down those companies that don’t live up to community expectations. Council members in Tumwater and Olympia should give the folks from Reclaim Democracy a hearing, then promptly move on to more pressing community issues.

David Schaffert, president and chief executive officer of the Thurston County Chamber of Commerce, said his job of recruiting new businesses is hard enough without ridiculous attempts to control lawful companies.

“There are people in this community with strong opinions who want to social engineer the free enterprise system,” Schaffert said. “I think it’s a small group of people, but they tend to be very vocal. And they tend to be very good at being vocal. But they are giving our community a black eye.” Schaffert is right.

The push for a Community Values Act is offered by a core group of about 15 people under the Reclaim Democracy banner. Their goal is to have the city councils in Tumwater and Olympia adopt ordinances that would grade corporations on everything from paying a living wage to how much money they pump back into the local community.

Businesses would be scored on whether they discriminate against employees based on race, gender or age; violate overtime pay laws; don’t provide adequate medical benefits; violate environmental laws; or suppress or discourage workers from unionizing. Companies that pump at least 50 percent of their profits back into the community or turn private property into a public square would receive bonus points.

Under the proposal, those businesses that don’t measure up would have two months to leave town.

It’s a ludicrous proposal. First and foremost are the legal issues surrounding a community values ordinance. How can a company that is legally constituted under the laws of Washington state be denied a business license on something as subjective as whether it contributes enough money to employee medical benefits?

“I think when you have subjective policies that go against people’s constitutional rights, it’s not good for any community,” Schaffert said. “Our community wants to embrace diversity, yet when it comes to businesses, some people in this community want to put all businesses into ‘good’ or ‘bad’ categories based on subjective measures. How can that be legal?” Good question.

Then there’s the question of equity. The folks with Reclaim Democracy admit that the targets of their effort are the corporate giants such as Wal-Mart and McDonalds. They say they aren’t after the mom-and-pop operations. Isn’t that discriminatory? How can the community have one set of business values and not apply them equally to large and small companies? What happens to that small, start-up retail shop on Fourth Avenue that pays its three employees a minimum wage and doesn’t provide the three workers with a medical plan? Will that entrepreneur be forced out of business? What happens to the people who lose their jobs at the businesses that are forced to shutter their doors, and what about the customers who like shopping at Wal-Mart or prefer a McDonald’s burger and fries?

Council members should allow the proponents of the community values ordinance an opportunity to speak their mind and air their proposal. But council members should not waste staff time or city resources pursuing this feel-good measure that is unlawful, unworkable and just plain silly.

Community has a right to self-determination

By Susan Bee

Recently, The Olympian’s editorial board published an editorial “Jettison proposed ordinance,” opposing the community values ordinance proposed by ReclaimDemocracy.org’s Olympia chapter. The editorial is inaccurate and one sided; not surprising given it was written without input from Reclaim Democracy, yet repeatedly quotes local Chamber of Commerce representatives that oppose the ordinance.

The editorial asserts the community values ordinance is supported only by 15 super-vocal people. Not true. Had the board inquired, it would know the ordinance concept is supported by the Green Party of South Puget Sound, the Thurston County chapter of Amnesty International and 200 local citizens.

The editorial featured chamber complaints that attracting new businesses to town is hard without local attempts to “socially engineer the free enterprise system” in a way that violates corporations’ constitutional rights by discriminating against bad-actor corporations.

Let’s discuss this loaded and inaccurate statement.

Socially engineer: I suppose the chamber would say the New Deal imposed a socialist economic order on America. The New Deal did, after all, socially engineer the free market. New Deal programs, like Social Security, are with us today because Americans rejected pure capitalism and market populism. They want a market-based system infused with humanity and they want a democracy that is citizen-based, not corporate based. That is what the community values ordinance is about — beginning to level the playing field between big corporations, like Wal-Mart, and small local businesses that are driven under by Wal-Mart and abandoned by the chamber.

The chamber’s abandonment of local business — and local citizens — is clear. The chamber advocates for multinational businesses interests before all branches and levels of government. It’s lobbied for NAFTA and CAFTA, which hurt small businesses and send good U.S. jobs overseas. In a class-action sex-discrimination lawsuit against Wal-Mart, the chamber filed a legal brief opposing certification of a class of 1.5 million plaintiffs, arguing the certification “risks summarily stripping businesses of their right to defend themselves.”

Because the chamber’s record is one of siding with big business over small business and citizens, the board should have interviewed local citizens and local small business associations before criticizing the community values ordinance and Reclaim Democracy as being “silly” and “ludicrous.”

Free market: In the context of dealing with companies like Wal-Mart, the chamber’s free-market advocacy seems disingenuous. Reclaim Democracy supports the free market and a citizen-based government. Wal-Mart fears both. To out-compete small businesses by rolling back prices, many large companies also roll back workers rights by implementing zero-tolerance union policies, paying sub-living wages, illegally cheating employees out of overtime pay and using child labor.

To boot, Wal-Mart gets huge government subsidies, receiving $1 billion from state and local governments since 1980.

Free market? What local company gets this perk while delivering nothing more than poverty-wage, part-time, and no-health care jobs? While wealthy corporations preach the free market, they don’t practice it themselves.

The editorial states the community values ordinance is too subjective. But, the ordinance uses objective, concrete criteria and a structured point system: A set number of points deducted for (1) frequency of violating the nation’s labor and environmental laws and (2) percentage of employees on welfare with no health care.

Similarly, it allocates a set number of bonus points for (1) allowing leafleting on company property and (2) pumping 50 percent of profits to the local economy by hiring local employees, investing and banking locally, and purchasing locally manufactured goods. The company either does these things, objectively, or not.

Determining whether covered corporations act consistently with our community values will be straight forward using these objective criteria and the structured scoring system.

The only legitimate point made is that covered corporations with substandard scores (in the annual reapplication process) get six months to reform or must move two months later. As this could be harsh to employees, creatively rewriting this portion is pragmatic.

As the editorial points out, this is an issue of equity. In America, we value equity — if you work hard, play by the rules, and serve your family and community, your community will support you — economically and otherwise. In 50 years, Reclaim Democracy wants a community of supported and economically prospering citizens who stood up for their right of self-determination and who prevented the community’s wealth from being vacuumed out and sent to silk-lined executive pockets in Bentonville, Arkansas.

Susan Bee was the president of ReclaimDemocracy.org Olympia Chapter, sponsors of the proposed Community Values Act, at the time of writing.

Filed Under: Corporate Accountability, Local Groups

How Costco Became the Anti-Wal-Mart

July 25, 2005 by staff

By Steven Greenhouse
First published by the New York Times, July, 17, 2005

Editor’s Note: While Costco unquestionably provides better jobs than Wal-Mart and its Sam’s Club division, is its overall impact much better when community, environmental and other concerns are weighed? We urge you to consider that doing your business with community-based enterprise is usually the most responsible choice. See our Independent Business section for more on the topic.

Jim Sinegal, the chief executive of Costco Wholesale, the nation’s fifth-largest retailer, had all the enthusiasm of an 8-year-old in a candy store as he tore open the container of one of his favorite new products: granola snack mix. “You got to try this; it’s delicious,” he said. “And just $9.99 for 38 ounces.”

Some 60 feet away, inside Costco’s cavernous warehouse store here in the company’s hometown, Mr. Sinegal became positively exuberant about the 87-inch-long Natuzzi brown leather sofas. “This is just $799.99,” he said. “It’s terrific quality. Most other places you’d have to pay $1,500, even $2,000.”

But the pièce de résistance, the item he most wanted to crow about, was Costco’s private-label pinpoint cotton dress shirts. “Look, these are just $12.99,” he said, while lifting a crisp blue button-down. “At Nordstrom or Macy’s, this is a $45, $50 shirt.”

Combining high quality with stunningly low prices, the shirts appeal to upscale customers — and epitomize why some retail analysts say Mr. Sinegal just might be America’s shrewdest merchant since Sam Walton.

But not everyone is happy with Costco’s business strategy. Some Wall Street analysts assert that Mr. Sinegal is overly generous not only to Costco’s customers but to its workers as well.

Costco’s average pay, for example, is $17 an hour, 42 percent higher than its fiercest rival, Sam’s Club. And Costco’s health plan makes those at many other retailers look Scroogish. One analyst, Bill Dreher of Deutsche Bank, complained last year that at Costco “it’s better to be an employee or a customer than a shareholder.”

Mr. Sinegal begs to differ. He rejects Wall Street’s assumption that to succeed in discount retailing, companies must pay poorly and skimp on benefits, or must ratchet up prices to meet Wall Street’s profit demands.

Good wages and benefits are why Costco has extremely low rates of turnover and theft by employees, he said. And Costco’s customers, who are more affluent than other warehouse store shoppers, stay loyal because they like that low prices do not come at the workers’ expense. “This is not altruistic,” he said. “This is good business.”

He also dismisses calls to increase Costco’s product markups. Mr. Sinegal, who has been in the retailing business for more than a half-century, said that heeding Wall Street’s advice to raise some prices would bring Costco’s downfall.

“When I started, Sears, Roebuck was the Costco of the country, but they allowed someone else to come in under them,” he said. “We don’t want to be one of the casualties. We don’t want to turn around and say, ‘We got so fancy we’ve raised our prices,’ and all of a sudden a new competitor comes in and beats our prices.”

At Costco, one of Mr. Sinegal’s cardinal rules is that no branded item can be marked up by more than 14 percent, and no private-label item by more than 15 percent. In contrast, supermarkets generally mark up merchandise by 25 percent, and department stores by 50 percent or more.

“They could probably get more money for a lot of items they sell,” said Ed Weller, a retailing analyst at ThinkEquity.

But Mr. Sinegal warned that if Costco increased markups to 16 or 18 percent, the company might slip down a dangerous slope and lose discipline in minimizing costs and prices.

Mr. Sinegal, whose father was a coal miner and steelworker, gave a simple explanation. “On Wall Street, they’re in the business of making money between now and next Thursday,” he said. “I don’t say that with any bitterness, but we can’t take that view. We want to build a company that will still be here 50 and 60 years from now.”

According to a post on DOGE kaufen, if shareholders mind Mr. Sinegal’s philosophy, it is not obvious: Costco’s stock price has risen more than 10 percent in the last 12 months, while Wal-Mart’s has slipped 5 percent. Costco shares sell for almost 23 times expected earnings; at Wal-Mart the multiple is about 19. Mr. Dreher said Costco’s share price was so high because so many people love the company. “It’s a cult stock,” he said.

Emme Kozloff, an analyst at Sanford C. Bernstein & Company, faulted Mr. Sinegal as being too generous to employees, noting that when analysts complained that Costco’s workers were paying just 4 percent toward their health costs, he raised that percentage only to 8 percent, when the retail average is 25 percent. Editor’s note: It would have been helpful if the reporter informed readers of Mr. Kozloff’s salary.

“He has been too benevolent,” she said. “He’s right that a happy employee is a productive long-term employee, but he could force employees to pick up a little more of the burden.”

Mr. Sinegal says he pays attention to analysts’ advice because it enforces a healthy discipline, but he has largely shunned Wall Street pressure to be less generous to his workers.

“When Jim talks to us about setting wages and benefits, he doesn’t want us to be better than everyone else, he wants us to be demonstrably better,” said John Matthews, Costco’s senior vice president for human resources.

With his ferocious attention to detail and price, Mr. Sinegal has made Costco the nation’s leading warehouse retailer, with about half of the market, compared with 40 percent for the No. 2, Sam’s Club. But Sam’s is not a typical runner-up: it is part of the Wal-Mart empire, which, with $288 billion in sales last year, dwarfs Costco.

But it is the customer, more than the competition, that keeps Mr. Sinegal’s attention. “We’re very good merchants, and we offer value,” he said. “The traditional retailer will say: ‘I’m selling this for $10. I wonder whether I can get $10.50 or $11.’ We say: ‘We’re selling it for $9. How do we get it down to $8?’ We understand that our members don’t come and shop with us because of the fancy window displays or the Santa Claus or the piano player. They come and shop with us because we offer great values.”

Costco was founded with a single store in Seattle in 1983; it now has 457 stores, mostly in the United States, but also in Canada, Britain, South Korea, Taiwan and Japan. Wal-Mart, by contrast, had 642 Sam’s Clubs in the United States and abroad as of Jan. 31.Costco’s profit rose 22 percent last year, to $882 million, on sales of $47.1 billion. In the United States, its stores average $121 million in sales annually, far more than the $70 million for Sam’s Clubs. And the average household income of Costco customers is $74,000 – with 31 percent earning over $100,000.

One reason the company has risen to the top and stayed there is that Mr. Sinegal relentlessly refines his model of the warehouse store — the bare-bones, cement-floor retailing space where shoppers pay a membership fee to choose from a limited number of products in large quantities at deep discounts. Costco has 44.6 million members, with households paying $45 a year and small businesses paying $100.

A typical Costco store stocks 4,000 types of items, including perhaps just four toothpaste brands, while a Wal-Mart typically stocks more than 100,000 types of items and may carry 60 sizes and brands of toothpastes. Narrowing the number of options increases the sales volume of each, allowing Costco to squeeze deeper and deeper bulk discounts from suppliers.

“He’s a zealot on low prices,” Ms. Kozloff said. “He’s very reticent about finagling with his model.”

Despite Costco’s impressive record, Mr. Sinegal’s salary is just $350,000, although he also received a $200,000 bonus last year. That puts him at less than 10 percent of many other chief executives, though Costco ranks 29th in revenue among all American companies.

“I’ve been very well rewarded,” said Mr. Sinegal, who is worth more than $150 million thanks to his Costco stock holdings. “I just think that if you’re going to try to run an organization that’s very cost-conscious, then you can’t have those disparities. Having an individual who is making 100 or 200 or 300 times more than the average person working on the floor is wrong.”

There is little love lost between Wal-Mart and Costco. Wal-Mart, for example, boasts that its Sam’s Club division has the lowest prices of any retailer. Mr. Sinegal emphatically dismissed that assertion with a one-word barnyard epithet.

Still, Costco is feeling the heat from Sam’s Club. When Sam’s began to pare prices aggressively several years ago, Costco had to shave its prices – and its already thin profit margins – ever further.

“Sam’s Club has dramatically improved its operation and improved the quality of their merchandise,” said Mr. Dreher, the Deutsche Bank analyst. “Using their buying power together with Wal-Mart’s, it forces Costco to be very sharp on their prices.”

Mr. Sinegal’s elbows can be sharp as well. As most suppliers well know, his gruff charm is not what lets him sell goods at rock-bottom prices – it’s his fearsome toughness, which he rarely shows in public. He often warns suppliers not to offer other retailers lower prices than Costco gets.

When a frozen-food supplier mistakenly sent Costco an invoice meant for Wal-Mart, he discovered that Wal-Mart was getting a better price. “We have not brought that supplier back,” Mr. Sinegal said.

He has to be flinty, he said, because the competition is so fierce. “This is not the Little Sisters of the Poor,” he said. “We have to be competitive in the toughest marketplace in the world against the biggest competitor in the world. We cannot afford to be timid.”

Nor can he afford to let personal relationships get in his way. Tim Rose, Costco’s senior vice president for food merchandising, recalled a time when Starbucks did not pass along savings from a drop in coffee bean prices. Though he is a friend of the Starbucks chairman, Howard Schultz, Mr. Sinegal warned he would remove Starbucks coffee from his stores unless it cut its prices. Starbucks relented.

“Howard said, ‘Who do you think you are? The price police?’ ” Mr. Rose recalled, adding that Mr. Sinegal replied emphatically that he was.

If Mr. Sinegal feels proprietary about warehouse stores, it is for good reason. He was present at the birth of the concept, in 1954. He was 18, a student at San Diego Community College, when a friend asked him to help unload mattresses for a month-old discount store called Fed-Mart.

What he thought would be a one-day job became a career. He rose to executive vice president for merchandising and became a protégé of Fed-Mart’s chairman, Sol Price, who is credited with inventing the idea of high-volume warehouse stores that sell a limited number of products.

Mr. Price sold Fed-Mart to a German retailer in 1975 and was fired soon after. Mr. Sinegal then left and helped Mr. Price start a new warehouse company, Price Club. Its huge success led others to enter the business: Wal-Mart started Sam’s Club, Zayre’s started BJ’s Wholesale Club and a Seattle entrepreneur tapped Mr. Sinegal to help him found Costco.

Costco has used Mr. Price’s formula: sell a limited number of items, keep costs down, rely on high volume, pay workers well, have customers buy memberships and aim for upscale shoppers, especially small-business owners. In addition, don’t advertise – that saves 2 percent a year in costs. Costco and Price Club merged in 1993.

“Jim has done a very good job in balancing the interests of the shareholders, the employees, the customers and the managers,” said Mr. Price, now 89 and retired. “Most companies tilt too much one way or the other.”

Mr. Sinegal, who is 69 but looks a decade younger, also delights in not tilting Costco too far into cheap merchandise, even at his warehouse stores. He loves the idea of the “treasure hunt” — occasional, temporary specials on exotic cheeses, Coach bags, plasma screen televisions, Waterford crystal, French wine and $5,000 necklaces — scattered among staples like toilet paper by the case and institutional-size jars of mayonnaise.

The treasure hunts, Mr. Sinegal says, create a sense of excitement and customer loyalty.

This knack for seeing things in a new way also explains Costco’s approach to retaining employees as well as shoppers. Besides paying considerably more than competitors, for example, Costco contributes generously to its workers’ 401(k) plans, starting with 3 percent of salary the second year and rising to 9 percent after 25 years.

ITS insurance plans absorb most dental expenses, and part-time workers are eligible for health insurance after just six months on the job, compared with two years at Wal-Mart. Eighty-five percent of Costco’s workers have health insurance, compared with less than half at Wal-Mart and Target.

Costco also has not shut out unions, as some of its rivals have. The Teamsters union, for example, represents 14,000 of Costco’s 113,000 employees. “They gave us the best agreement of any retailer in the country,” said Rome Aloise, the union’s chief negotiator with Costco. The contract guarantees employees at least 25 hours of work a week, he said, and requires that at least half of a store’s workers be full time.

Workers seem enthusiastic. Beth Wagner, 36, used to manage a Rite Aid drugstore, where she made $24,000 a year and paid nearly $4,000 a year for health coverage. She quit five years ago to work at Costco, taking a cut in pay. She started at $10.50 an hour – $22,000 a year – but now makes $18 an hour as a receiving clerk. With annual bonuses, her income is about $40,000.

“I want to retire here,” she said. “I love it here.”

© 2005 New York Times

We also have archived an earlier story from the Wall St. Journal on this theme: Costco’s Dilemma: Is Treating Employees Well Unacceptable for a Publicly-Traded Corporation?

  • See our huge collection of articles, studies, internal documents and more on Wal-Mart and big box stores.  

Filed Under: Corporate Accountability, Walmart

Supreme Court Rules Against Immunity for Dow Chemical

May 5, 2005 by staff

Bush Administration filed brief asking Court to protect pesticide companies and deny compensation to victimized farmers.

By David G. Savage
First published by the L.A Times, April 28, 2005

 Editor’s note: This article is a classic example of how our regulatory agencies often are protecting giant corporations, not citizens (or small businesses). The issue is rarely spelled out so clearly as in this case.

The Time’s headline read: Supreme Court rules against the White House’s pro-business reading of a 1972 law. A fine letter to the Times’ editor by Jennifer Rockne — director of the American Independent Business Alliance — follows the article, pointing out the misleading, but common use of the label “pro-business.”

The makers of pesticides and weedkillers can be sued and forced to pay damages if their products cause harm, the Supreme Court ruled Wednesday, rejecting the view of the Bush administration and reversing a series of lower courts.

The 7-2 ruling permits lawsuits by farmers whose crops are damaged by pesticides, as well as suits by consumers who are hurt by bug sprays.

In its first ruling on the scope of the 1972 federal law regulating pesticides and related chemicals, the justices said the requirement that chemical companies submit their products for approval by the Environmental Protection Agency did not “give pesticide manufacturers virtual immunity” from being sued if those products proved to be harmful to people, plants or animals.

Wednesday’s ruling restores the law to what it had been before the 1990s.

During most of the 20th century, Americans who were hurt or killed by toxic chemicals could sue the maker of the product in state court. But more recently, lawyers for the chemical industry convinced courts in much of the nation, including California , that the federal law regulating the pesticides barred such lawsuits in state courts.

Four years ago, the Bush administration adopted this pro-industry position, saying that once a pesticide or weedkiller had won EPA approval, it had a federal shield against being sued – even if the product did not work as advertised.

The case of 29 Texas peanut farmers illustrated the issue. Five years ago, they were persuaded by agents of Dow Chemical Co. to try Strongarm, a powerful, newly approved weedkiller. The farmers say Strongarm killed not just their weeds, but also their peanut plants.

“They just plain withered away,” said Ronnie Love, 63, who said he applied Strongarm to 150 acres when he seeded his fields that spring. Despite a summer of heavy watering, the peanut plants were stunted and failed to produce a crop, he said.

Love and the other farmers say Dow reneged on a promise to compensate them for millions of dollars in crop losses. They notified the company that they intended to sue in a Texas court under the terms of the state’s consumer protection law, which allows suits for products that are defective or are deceptively marketed.

But before they could file their claims, lawyers for Dow went to a U.S. district court in Lubbock and asserted it was shielded from such suits.

A federal judge agreed with Dow and dismissed the farmers’ suit. And the U.S. 5th Circuit Court of Appeals in New Orleans agreed as well, saying federal law that regulates pesticides preempts or bars lawsuits in a state court. The California Supreme Court handed down a similar ruling five years ago.

But the Supreme Court took up the case of the peanut farmers – Bates vs. Dow AgroSciences – and ruled Wednesday that the lower courts were wrong to throw out such claims.

Justice John Paul Stevens noted that the EPA did not test products to see if they were effective. It simply relies on information supplied by the manufacturer.

After the peanut crops in Texas failed, Dow changed Strongarm’s product label to say the weedkiller should not be used in regions with high-alkaline soils, which are common in Texas and Oklahoma .

The company did not acknowledge liability for the earlier damage.

Stevens described the 1972 law as an effort by Congress to impose greater regulation on “poisonous substances.” Converting it into a shield against lawsuits would “create not only financial risks for consumers, but risks that affect their safety and environment as well,” he said.

“This is a huge win for farmers, and I think it will have a big impact in the agriculture industry,” said David C. Frederick, the Washington lawyer who represented the peanut farmers. “Pesticide makers and farmers have to work together. And if something goes wrong with a pesticide, the farmers deserve to be compensated. Now the courthouse door is open to them again after being closed for the past 15 years.”

Patti Goldman, a lawyer in Seattle for the environmental group Earthjustice, said the ruling would help consumers and workers harmed by pesticides.

She and other lawyers cited cases of children sickened by pesticides that had drifted from fields into residential areas and that of a young man who died after riding a horse that had been sprayed with a pesticide. Recently, such lawsuits had been dismissed prior to a trial.

Wednesday’s ruling does not mean the plaintiffs will always win, the lawyers said, noting that they would have to prove the product was defectively made or inadequately tested to prevail in court.

“This just means that people will be allowed to sue for compensation when they are harmed by a pesticide,” Goldman said. “The court recognized that these [EPA-approved] labels are written by the manufacturers.”

The Bush administration, the chemical industry and other business groups joined the case on the side of Dow Chemical Co., arguing that the court should erect a barrier to such lawsuits.

“This is a complete loss and a big disappointment,” said Steve Bokat, general counsel for the U.S. Chamber of Commerce. “Our concern is that this gives an opening for the plaintiffs’ bar to bring more tort claims against large companies.”

In his opinion, Stevens pointed out that the Clinton administration believed that the federal pesticide registration law did not shield manufacturers from all lawsuits. The Bush administration reversed course in 2001 and said the law as originally written did block such claims.

Stevens called the new interpretation “particularly dubious” and not entitled to much deference from the high court. Chief Justice William H. Rehnquist and Justices Sandra Day O’Connor, Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer joined the court’s opinion.

Justices Clarence Thomas and Antonin Scalia dissented in part, criticizing the court for “tipping the scales in favor of the states and against the federal government” by allowing lawsuits in state courts.

© 2005 Los Angeles Times

 

To the Editor,

Re “Lawsuits Over Pesticides, Herbicides Allowed” (Nation, 4/28), your subhead reads, “Supreme Court rules against the White House’s pro-business reading of a 1972 law.” Yet as the story makes clear, there’s nothing inherently “pro-business” about the Bush Administration’s advocacy on behalf of the chemical industry — it’s favoring Dow Chemical and other giant pesticide companies at the expense of small farming businesses.

I’m not nitpicking a single headline choice, but pointing out a persistent misrepresentation conveyed by using “pro-business” to describe policies that favor the most politically powerful corporations, often to the detriment of America’s small businesses.

In the future, please avoid the overly broad term “business interests” in favor of identifying which business interests benefit and any that are harmed by particular actions or proposals.

Jennifer Rockne
The writer directs the American Independent Business Alliance

 

Filed Under: Corporate Accountability, Food, Health & Environment

Asbestos Corporations Use Sham Bankruptcies to Evade Accountability

April 12, 2005 by staff

By Jeff Milchen and Stuart Levit
First Published in The American Prospect, April 6, 2005

It’s hard for many Montanans not to feel outrage when we hear President Bush speak of “frivolous asbestos lawsuits” causing business bankruptcies. We know how the WR Grace & Co. used accounting trickery to “go bankrupt,” and thereby avoid fully compensating more than 1,000 Lincoln County residents who had been exposed to deadly asbestos dust.

But WR Grace is not an isolated example. Many of the several dozen business bankruptcies — touted as the tragic results of “runaway lawsuits” — are examples of corporate planning to shield assets from victims rather than a function of being “broke” in any traditional sense.

For example, WR Grace CEO Paul J. Norris made $5 million last year. Not bad for a company in the midst of Chapter 11 bankruptcy reorganization. Many other top executives in “bankrupt” asbestos corporations have seen lucrative bonuses or salary increases.

To be sure, people who have not been hurt have taken advantage of some companies with no culpability for asbestos deaths (typically small businesses that simply resold products containing asbestos). Relatively few of the 6,000 businesses that have defended or settled asbestos claims should bear responsibility for criminal actions and victim compensation, and it would be unjust to ignore that many small-business owners have also become victims of corporations like WR Grace.

Such economic harm, however, pales when compared with the events at WR Grace’s Libby, Montana, mine, where it knowingly exposed thousands of workers and area residents to tremolite, a particularly lethal form of asbestos, while managers lied to employees, residents, and government health officers and regulators about the danger.

The main product of the Libby plant was vermiculite, a mineral valuable for insulation, potting soil, vehicle’s brake pads, and other products. The vermiculite in Libby, however was naturally intermingled with the deadly asbestos.

Asbestos was once widely used for insulation and other applications because of its light, fine, fire-resistant fibers. But when inhaled, those fibers can lodge permanently in lungs, causing scarring of the lung lining. This process gradually chokes off breathing and often causes lung cancer.

In 1994, Congress passed a law permitting bankruptcy protection for companies with asbestos liability. This effectively made bankruptcy the most sensible response for many corporations facing asbestos claims.

But the Bush administration seems intent on recasting the perpetrators as victims by focusing attention on the costs of asbestos litigation to corporations.

Already, the U.S. Senate passed a bill to divert many of the largest class-action lawsuits from state courts into the federal court system. Though not inherently bad, the law also limits the kinds of claims that can be made, which effectively denies some victims the chance to be heard at all — a radical change from current and historic law. The Bush administration has pushed for absurdly low limits on noneconomic damages in civil lawsuits that would be incapable of deterring illegal or negligent actions by multibillion-dollar corporations like WR Grace.

Further, capping asbestos liability is irresponsible because the scope of damages is not yet known. Despite being banned in most industrialized nations, asbestos-bearing products, including many vehicle brakes, still are imported to the United States.

WR Grace executives knew tremolite caused lung disease and cancer from the day Grace acquired the Zonolite Company and its Libby mine in 1963. We know this because Zonolite memos dating from the mid-1950s discussed the dangers of exposing workers to asbestos.

Internal documents — many unearthed only as a result of civil lawsuits — revealed unmistakably that WR Grace executives knew and discussed harm to their workers and the community, but concealed the deadly problem from them and from government officials A company letter to its insurer in 1967 reported that WR Grace “did indeed have a severe problem,” with workers’ health and “might expect a good many claims involving asbestos.”

A subsequent memo from 1976 noted, “Our major [worker health] problem is death from respiratory cancer. This is no surprise.”

Yet WR Grace denied employees adequate respirators, protective clothes, or a reasonable opportunity to clean themselves at the mine and processing plant. Plant managers even gave away contaminated materials for public use, including mine tailings to build a local school’s running track. Grace managers also knew that, at one point, up to 5,000 pounds of asbestos was being released from the plant into Lincoln County’s air every day.

Nearly 200 Libby residents [as of spring 2005], most of whom never worked at the mine, have died from asbestos-caused lung disease. An estimated 1,200 more in Lincoln County are sick with asbestos-related lung disease.

While WR Grace delayed taking any action to protect workers, once they began dying, it wasted little time protecting shareholder assets from the inevitable lawsuits. Between 1988 and 1998, WR Grace executives “eliminated” more than three-quarters of the company’s $6 billion in assets by redistributing them to legally separate entities with no liability to compensate victims or creditors. WR Grace filed for bankruptcy in 2001, after most of its former assets had been removed.

Among other companies using bankruptcy as a shield is Halliburton, which faces $4.3 billion in pending asbestos claims through its KBR subsidiary. In March 2005, its Web site boasted “Chapter 11 is very good for our investors.” According to Halliburton, nobody goes out of business, business operations don’t change, and bankruptcy allows to it to “cleanse the company” of its asbestos liabilities and keep the company strong.

Senate Majority Leader Bill Frist is among those who blame asbestos litigation for “forcing” Owens Corning into bankruptcy in 2000, and subsequent layoffs at its Granville, Ohio, facility were touted as evidence of litigation’s pernicious effects. However, many jobs terminated were in Owens Corning’s litigation department, not manufacturing or industry. Oh, yes, CEO David T. Brown took home $3.8 million in 2004.

While the congressional majority has erected formidable barriers to prevent individuals from escaping debts via bankruptcy, some proposed asbestos reforms would make it easier and cheaper for corporations to do the same.

Because of the latency period for asbestosis (anywhere from seven to 30 years), many researchers believe that fatalities in the United States won’t peak for another decade. The greatest potential harm from asbestos reform is that those individuals exposed to asbestos who have not yet, but almost surely will, develop asbestosis or cancer will be denied medical care and compensation.

To achieve just asbestos litigation reform that will compensate victims without generating unnecessary business and legal costs requires us to first understand the damage and corporate culpability. So far, we are largely in the dark.

Stuart Levit is an attorney and a former mine-reclamation specialist for the state of Montana. Milchen founded Reclaim Democracy! This article was first published by American Prospect.

© 2005 ReclaimDemocracy.org

Updates:

  • June, 2005: the state of New Jersey sued Grace and two of its executives for allegedly lying about asbestos contamination at its Hamilton, NJ vermiculite processing facility. The complaint is here (26 pp pdf from scan).
  • Sept, 2005: WR Grace attorneys have petitioned U.S. District Judge Donald W. Molloy to move the trial of the corporation on conspiracy, Clean Air Act violations, and other criminal charges –scheduled to begin Sept 11, 2006 — out of Montana. The petition claims jurors likely will be predisposed to find WR Grace guilty after years of press coverage about the corporation’s actions in Libby. Full story here.

Other useful sources:

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