The Big Business of Cheap Luxury

There was a time when luxury goods were made by hand. Tailors and artisans dealt directly with clients, and shopping was an elevated experience.

The $157 billion (R1 trillion) luxury goods industry isn’t what it used to be, and that’s a pity, Dana Thomas declares in her lively and incisive “Deluxe: How Luxury Lost Its Luster.”

These days, writes Thomas, Newsweek‘s Paris-based culture and fashion reporter, the industry is dominated by a handful of publicly-traded corporations. These multinationals spend millions pushing a “cult of luxury” on an obliging “middle market”.

Fine gowns, jewellery, clothing and cosmetics have become homogenised and omnipresent, she grumbles, their quality downgraded for consumers more interested in flaunting logos than in owning exquisitely made items.

“Luxury for everyone” is how Burberry Group markets the idea. Coach calls it “affordable luxury”.

“Consumers don’t buy luxury-branded items for what they are, but for what they represent,” Thomas writes.

The race to purchase the latest creations from Prada, Gucci and Christian Dior is so competitive that shoppers of all incomes knowingly buy counterfeit goods.

Thomas reports that since LVMH Moet Hennessy Louis Vuitton (LVMH), Gucci Group, Coach and similar companies have gone public or become part of larger corporations, they’ve sought to increase revenue and profits by offering products at prices just low enough to give everyone a taste of the high life.

The upshot, she complains, is that cheaper materials are going into handbags, synthetics are infusing perfumes, and silk is nothing like the fabric Italy once produced. “Luxury companies made their brands, rather than the actual products, the objects of public desire.”

This debasement of the industry does make for good stories. Take the young Japanese women who in the 1990s became known as Parasite Singles. They were so eager to buy, Thomas reports, that they took to the skies, flying to Hawaii, Beverly Hills and Europe, and giving birth to a duty-free luxury goods market worth $9.1 billion.

Miles away (and Thomas does travel) are Hollywood’s celebrity stylists. These fashionistas extort a ransom of money, jewellery, vacations and home make-overs from the luxury companies in return for prodding their movie-star clients to wear particular brands within range of the paparazzi.

Then there is Bernard Arnault, the powerful LVMH chairman who led the way towards the harvest of the middle market with celebrity ads and low-wage production.

Arnault is both loathed and admired for shaking up his company, hiring and firing top designers, loading up on marketing campaigns and demanding big profits from his many brands. To meet the middle market’s lower price points, many luxury companies have moved production to lower-wage countries.

China figures heavily. Its sweatshops provide the cheap labour that makes possible more than $100 billion a year in luxury goods sales. The country is also home to product counterfeiters and the gangs that provide the muscle to export them.

Meanwhile, as the Chinese economy has grown, a wealthy class has emerged there to snap up luxury goods. Not only are Beijing and Shanghai now home to plush Louis Vuitton shops, so are Hangzhou, Guangzhou and Chengdu.

Some companies, Thomas charges, falsely claim their products are made in French and Italian workshops long since shrunk or closed, then use the costliness of western European labour as an excuse to hike their prices.

“The focus is no longer on the art of luxury,” she laments. “It’s on the bottom line.”

Newspaper Circulation Continues to Drop

U.S. newspaper circulation fell 2.1 percent in the six months through March as the Los Angeles Times and Washington Post lost readers, the Newspaper Association of America said.

Circulation at 745 daily newspapers was 45 million, down from 45.9 million in the same period a year earlier, the association said yesterday in a statement, citing data from the Audit Bureau of Circulations. Subscribers fell 2.6 percent during the same period a year earlier.

Customers are canceling subscriptions in favor of getting news and information from the Internet, dragging down revenue from circulation and advertising. Subscriber losses, historically around 1 percent every six months, accelerated to more 2 percent in the past two years.

“It’s still over 2 percent rather than under 1 percent, and that’s a concern,” said Bryan Jackson, director of newspaper investment for OMD, a division of Omnicom Group Inc., the world’s largest advertising company.

Average Sunday circulation for the period fell 3.1 percent.

Six of the 10 largest dailies and 555 of the newspapers in the survey reported weekday and Sunday sales declines. Average weekday paid circulation at the Los Angeles Times fell 4.2 percent in the six-month period while the Chicago Tribune declined 2.1 percent, according to parent Tribune Co., which agreed this month to go private.

Average weekday circulation at the Washington Post slid 3.5 percent. The Boston Globe, owned by The New York Times Co., fell 3.7 percent for the period. The New York Times declined 1.9 percent.

At the Telegram & Gazette of Worcester, daily circulation fell 11.6 percent, to 84,754, based on a six-day average. For the Sunday Telegram, circulation was down 5.9 percent, to 102,922.

Circulation at Gannett Co.’s USA Today, the country’s largest newspaper, rose by 0.23 percent to 2.27 million. Readership of Dow Jones & Co.’s Wall Street Journal, the second- largest paper, also gained, rising 0.61 percent to 2.06 million after a redesign in January.

New York tabloids The New York Post and The Daily News, both recorded increases.

“Not to minimize that decline, but focusing on net paid circulation is like focusing on total televisions sold rather than total audience,” said John Kimball, the NAA’s chief marketing officer. “The print product is just one of the portfolio of products that newspaper publishers are producing.”

Newspapers are trying to turn advertisers’ attention to their Web sites to help stem the decline in ad revenue. Ad sales fell 4.5 percent in the most recent quarter, according to company reports.

“We believe total print and online readership as opposed to circulation is the number that people should be focusing on,” said Frank Whittaker, vice president of operations for Sacramento, Calif.-based McClatchy Co..

Whittaker, who spoke before the numbers were released, oversees McClatchy newspapers in California, Florida and Kentucky. The Sacramento Bee’s circulation fell 4.8 percent and Miami Herald dropped 5.8 percent.

Shares of McLean, Va.-based Gannett, the largest U.S. newspaper publisher, increased 31 cents to $57.06 at 4:02 p.m. in New York Stock Exchange composite trading. Chicago-based Tribune, the second-largest, was unchanged at $32.80. New York Times declined 8 cents to $23.40.

Defense Labels Enron’s CFO Fastow a `liar,’ `thief’

Bent on discrediting former finance chief Andrew Fastow, the government’s star witness in the Enron trial, the attorney for former Chief Executive Jeffrey Skilling on Wednesday called Fastow a “chronic liar” and a “thief” who agreed to testify to avoid going to jail for life.

In a much-anticipated showdown, Daniel Petrocelli peppered Fastow with questions about stealing millions of dollars from Enron Corp. and questioned his motive for testifying.

Fastow, in his second day of testimony, continued his assertions that Skilling and co-defendant Kenneth Lay, Enron’s former chairman, knew of the financial troubles and illegal dealings that enveloped the company but asserted publicly that all was well.

“It’s fair to say you don’t want to be blamed for what happened to Enron,” Petrocelli told Fastow. “But when the history books are written, you know your name is going to be written on that page, and you want Mr. Skilling’s name to be written there as well. Isn’t that correct?”

Fastow answered that although he did steal from Enron, many members of the company’s senior management did the same by inflating earnings and hiding debts in order to inflate the company’s stock price and sell shares awarded to high-ranking employees.

“They may not have stolen money in the way I did, but they stole money as well,” Fastow said. As for Skilling, he said, “I think we committed crimes together.”

Skilling and Lay have been charged with lying about Enron’s financial health. Both have pleaded not guilty.

Enron’s spectacular fall from Wall Street favorite to bankruptcy in December 2001 led to landmark reforms in corporate accounting and governance. Skilling and Lay were the face of Enron during its storied rise in the 1990s into a company that appeared to combine the best of an old-line industrial firm with the ingenuity of the so-called New Economy.

But following its collapse, Fastow and many other former Enron executives were charged with multiple criminal counts. In January 2004, Fastow pleaded guilty to two counts, one involving a secret partnership that funneled Enron money to him and close colleagues, and another pertaining to the company’s operations. Fastow agreed to serve a 10-year prison sentence.

Earlier in the day, under questioning from Assistant U.S. Atty. John Hueston, Fastow supported the government’s charge that Lay was well aware there were “serious problems” at Enron when he reassumed his position as chief executive in August 2001.

In an Aug. 15, 2001, meeting, Fastow said, he told Lay that the company’s international operations had lost $5 billion in value, its retail energy business was losing money, and it would have to write down $1.2 billion in shareholder equity.

A few days later, Fastow said, during a executive meeting to talk about earnings projections for the third quarter, he told Lay the company was running roughly $600 million short of the earnings total forecast by Wall Street analysts.

“There was a big hole in the earnings. We were projecting earnings much lower than what [Wall Street] was expecting from us at that point,” he said.

However, in private meetings with investors later that month and in public pronouncement throughout that fall, Lay repeatedly misrepresented the company’s finances, Fastow testified. Fastow recalled Lay saying in one conference call with analysts that there “are no accounting issues, trading issue or previously unknown problems at the company.”

When asked his reaction to Lay’s remarks, Fastow said, “Most of that statement is false.”

Most of Wednesday’s courtroom activity involved Petrocelli hammering away at the fraud Fastow committed while managing off-balance-sheet entities.

“You must be consumed by insatiable greed,” he said to Fastow, to which Fastow replied, “I believe I was extremely greedy and lost my moral compass.”

Petrocelli responded: “Greed, greed, greed. That’s what drove you.”

Petrocelli’s focus on Fastow’s crimes was aimed at countering the government’s position that regardless of Fastow’s fraud, both Skilling and Lay knew the company was masking poor performances.

Petrocelli spent considerable time questioning Fastow’s motive for agreeing to cooperate with the government. He pointed out that if Fastow was deemed to have lied in this trial, prosecutors could ask a federal judge to lengthen his sentence or retry him on the 96 charges that were dropped at the time of his plea.

Petrocelli then turned to Fastow’s decision not to testify on behalf of his wife after she was indicted in 2004 for signing a tax return with her husband that reported as gifts millions of dollars illegally obtained from Enron. Lea Fastow, Enron’s former assistant treasurer, served a year in prison and was released in July.

“You could have gone in and told the court that you were guilty and spared your wife from ever having to go to prison,” Petrocelli said. “But instead you will do and say anything to protect yourself. Isn’t that right?”

“No sir,” Fastow answered.

Enron Jury Seated as ‘Last of the Great Scandals’ of ’90s Goes to Trial

HOUSTON — For sheer emotion and spectacle, it should rank among the most gripping business-related trials in memory.

Opening arguments are scheduled to begin today in the prosecution of former Enron Corp. executives Kenneth Lay and Jeffrey Skilling, a day after a jury was seated.

Lay and Skilling, who were once celebrated in Houston and praised on Wall Street, are seeking to have their names cleared from the bankruptcy of an energy trading company that came to symbolize the greed and alleged dishonesty of an economic boom gone awry.

Enron investors and many of its 31,000 former employees are seeking retribution for money and pensions lost when the company’s stock crashed in the fall of 2001 amid accusations of disguised loans, hidden debts, and phony profits.

”Enron is the last of the great scandals to go to trial,” said Charles M. Elson, director of the John L. Weinberg Center for Corporate Governance at the University of Delaware. ”It’s basically the final chapter of the story of corporate scandals from the boom of the late-1990s.”

In a process that took much of the day at Bob Casey US Court House in downtown Houston, a jury of eight women and four men was selected to hear a trial that US District Judge Sim Lake said should take less than four months.

Lake emphasized to potential jurors that the trial was a legal proceeding and not an opportunity to redress the losses suffered by former Enron employees.

At the same time, he disregarded arguments by the defendants’ lawyers that there had been too much pretrial publicity to guarantee a fair hearing.

The courthouse, surrounded by television crews from across the country and a few from Europe, stands just blocks from the baseball stadium that for a short while was called Enron Field as well as the pair of silvery skyscrapers that Enron built for its headquarters.

The Enron trial, as it is called here, follows the conviction of Bernard Ebbers, the former WorldCom Inc. chairman and L. Dennis Kozlowski of Tyco International Ltd., both of whom also came to symbolize the dark side of a business boom.

Among the big name corporate executives to be recently tried on fraud charges, only Richard Scrushy, the former chief executive of HealthSouth Corp. won an acquittal.

Lay, 63, Enron’s affable former chairman, and Skilling, 52, its hard-driving, intensely ambitious former president and chief executive, are charged with a variety of counts including conspiracy and fraud.

In essence, both men are charged with disguising the company’s mounting debts while fabricating millions of dollars in profits as part of a ”pump and dump” scheme to inflate Enron’s share price and personally reap millions of dollars in stock options.

The charges against Lay are largely tied to public statements he made to Wall Street stock analysts and investors after returning to the chief executive post vacated by Skilling in August 2001 just four months before Enron filed for bankruptcy.

The charges against Skilling are more extensive — 31 counts including lying to auditors and insider trading, a testament to the unquestioned lead role he played in running a sprawling corporation that made markets for everything from gas and electricity to plastics and the weather.

According to the indictment, Lay received roughly $238 million in compensation and stock profits between 1998 and 2001.

Skilling, the government contends, took in more than $103 million. Both have pleaded not guilty.

At some point, the trial is likely to focus on whether auditors from the Chicago-based accounting firm Arthur Andersen knowingly aided Enron executives by signing off on accounting audits that hid millions of dollars in debts and fraudulently boosted the company’s income.

The firm collapsed after being convicted in 2002 of obstruction of justice for allegedly destroying evidence sought by government investigators. But last year the Supreme Court struck down the decision owing to faulty jury instructions.

During the trial, some observers expect defense attorneys, especially those representing Lay, to divert blame for Enron’s financial problems to Andersen and the company’s outside lawyers at the Houston firm of Vinson & Elkins.

”Lay had a longstanding reputation for being very hands off, not being a detail guy,” said Sean O’Shea, a New York white-collar defense attorney. ”He can say that he wasn’t an accountant, and that he relied on the outside auditors.”

Having lost the Scrushy case, a defeat for the Justice Department in the Enron trial would likely be seen as a major blow to its efforts to prosecute corporate crime.

Hedge Fund Activist Turns Up the Heat on Corporate America

There is little doubt that the increasingly opulent hedge fund community–if there is one–is proud of William Ackman’s charge on McDonald’s Corp.

That an aggressive hedge fund manager like Ackman, general partner of New York-based Pershing Square Capital Management LP, can force an American corporate icon like McDonald’s to even listen to a dramatic restructuring proposal is a provocative development.

“These are managers who are extremely smart and aggressive, and armed with lots of money,” said Christopher Geczy, associate finance professor at the University of Pennsylvania’s Wharton School. “Most of all, they need to extract excellent returns quickly.”

In this age of shareholder activism, Geczy adds, hedge fund managers aren’t shy about pressuring corporate executives.

Part of the reason is that the stock market, by and large, is trading sideways. So the more demanding–and wealthy–investor is turning to hedge funds that regularly make large bets on a few stocks.

Whitney Tilson, who runs T2 Partners LLC and also is a McDonald’s shareholder, said that Ackman, rather than being vilified for audacity, should be applauded for doing what mutual fund managers rarely do: press what he deems to be an underperforming company to change.

“One of the great disgraces of the mutual fund industry is that they are incredibly passive,” Tilson said. “In all areas–capital allocation, executive compensation, options–rarely do you hear a mutual fund manager make a sound.”

In this case, Ackman, the 39-year-old whiz-kid son of a real estate magnate, wants McDonald’s to “unlock” value by carving out its capital-intensive company-owned restaurant division known as McOpCo. If the McDonald’s stock were freed of operating about 8,000 stores (an additional 22,000 restaurants are franchised worldwide), the remaining company, he argues, would generate mountains of free cash to be used for share buybacks and a larger dividend.

Politely but firmly, McDonald’s has rejected Ackman’s plan, calling it “financial engineering.”

Ackman doesn’t seem fazed. Over time, said David Palmer, an analyst at UBS Securities Inc., McDonald’s is likely to incorporate some or all of Ackman’s ideas.

“If investors believe a sum-of-the-parts multiple would be much higher than a stand-alone business, they’re going to make noise,” Palmer said, referring to the ratio between a stock’s share price and company’s earnings. “Hedge funds see that buried treasure, and want it.”

At the root of Ackman’s offensive, Palmer added, is a movement by value investors to force companies to focus on already invested capital rather than on expansion, as advocated by growth investors.

At Wendy’s International Inc., for instance, Ackman and others successfully prodded management to spin off its Tim Hortons doughnut shops. McDonald’s is doing something similar by spinning out its 461-store Chipotle Mexican Grill Inc. chain early next year.

Separating McOpCo, Palmer said, would allow McDonald’s to collect franchise fees from spun-out stores. From a stock around $33 a share, which UBS calculates is 9 times earnings excluding interest, taxes, depreciation and amortization, Palmer argues a restructuring would bump the stock’s multiple to more than 12.5, generating a price above $45 a share.

But while Ackman is anxious to see McDonald’s executives hold a news conference, say tomorrow, to announce a restructuring, Tilson says he can wait.

McDonald’s, Tilson acknowledges, is in the midst of a rebuilding process following the stock’s more than 70 percent drop between November 1999 and a low in March 2003. Like Ackman, Tilson commends Chief Executive Jim Skinner, on the job for just a year, for improving sales and profits while pledging to increase its dividend.

Nonetheless, Tilson said Ackman’s efforts have properly focused attention on the company.

“We think management is in the middle innings of a nine-inning game,” he said. “They’re doing a good job, but investors aren’t going to sit idly by if they believe management can do better.”

Welcome to the hedge fund-driven stock market.

Ex-Tyco CEO Kozlowski gets up to 25 years in prison

Former Tyco International Ltd. Chief Executive L. Dennis Kozlowski stared forward and sat motionless Monday when a New York judge sentenced him to 8 1/3 to 25 years in prison for siphoning hundreds of millions of dollars from the company.

The same was true for co-defendant Mark Swartz, the company’s one-time financial chief.

It was a departure from the emotional display at the recent sentencing of Bernard J. Ebbers, the former WorldCom Inc. CEO convicted for his part in an $11 billion accounting fraud, who buried his head in his hands to hide his tears.

Kozlowski, who was convicted in June for his role in the theft of $170 million from Tyco and improperly manipulating shares to cash out $430 million in options, appeared resigned to a sentence in line with the recent spate of corporate executive convictions.

Two months ago, a federal court sentenced Ebbers to 25 years in prison. Earlier in the year, John J. Rigas, the 80-year-old former chairman of Adelphia Communications Corp., was sentenced to 15 years, while his son Timothy was given 20 years. All three remain free on bail.

“For white-collar criminals, it’s a whole new world,” said Arthur Jakoby, a former SEC prosecutor who is now a partner with Herrick, Feinstein in New York. “The sentences are getting tougher and tougher. The old clubbie atmosphere in which judges looked the other way when sentencing corporate executives is long gone.”

Minutes after the sentences were read Monday, court officers handcuffed the two gray-suited men and escorted them through a side door. Kozlowski, 58, and Swartz, 45, looked back wearily in the direction of their wives and families.

In addition to prison time, Kozlowski was ordered to pay $97 million in restitution and $70 million in fines. Swartz was ordered to pay $37 million in restitution and $35 million in fines.

In a hallway outside the lower Manhattan courtroom, Kozlowski’s lead attorney, Stephen Kaufman, said he would appeal the conviction in hopes that his client would be freed on bail pending appeal.

The two men were convicted of grand larceny, securities fraud, conspiracy and falsifying documents. Together, they stole $170 million by arranging unauthorized bonuses and company loans. They were also convicted of lying about Tyco’s financial health to investors in order to pump up its share price and cash in on $430 million in stock options.

For Kozlowski, the working-class kid from Newark, N.J., who built Tyco into a $36 billion industrial giant, the sentencing marked an end to two lengthy, high-profile trials held during the two years. The first ended in April 2004 in a mistrial.

Kozlowski’s looting of Tyco’s treasury was best symbolized by the extravagant party he held to celebrate his wife’s 40th birthday on the Italian island of Sardinia. The $2 million party, some of which was recorded in a well-publicized video, included waiters in togas filling glasses with vodka that poured off an ice sculpture in the form of Michelangelo’s David.

But the focus of the government’s case centered on how Kozlowski used his position to bilk Tyco so that he could build multimillion-dollar homes for himself in New York City, Boca Raton, Fla., and Nantucket, Mass. Some $10 million was used to purchase Monet and Renoir paintings, while millions more were funneled to his alma mater and schools attended by his daughters.

During their trials, Kozlowski and Swartz asserted that board directors approved their multimillion-dollar bonuses and loans, most of which were later forgiven.

Earlier in court, Assistant District Atty. Owen Heimer asked Judge Michael Obus of State Supreme Court of New York to hand Kozlowski the maximum sentence for his crimes–15 to 30 years in prison.

“If the maximum consecutive sentence is not appropriate in this case, then there is no case in which it is appropriate,” Heimer said. “The scale and amount of theft is the largest in the state’s history.”

Under New York law, Kozlowski and Swartz could be eligible for parole, with good behavior, after serving seven years of their sentences. Standard parole eligibility kicks in after eight years. Several legal experts suggested that the two men would likely spend more than 10 years behind bars.

The sentences added fuel to the raging debate within the legal community about the efficacy of long prison sentences for white-collar criminals.

Jennifer Arlen, a professor at New York University School of Law and an expert in corporate crime, said that in general there is a trend across federal and state courts for longer sentences. She cited the early 1990s case of Michael Milken, the infamous junk-bond salesman, who wound up serving 22 months after his 10-year sentence was reduced to two years.

In the wake of the Enron and WorldCom bankruptcies, Arlen said, public sentiment had grown more intolerant of white-collar crimes. Even the low end of Kozlowski’s sentence would have been unimaginable 8 or 10 years ago in a criminal case involving a corporate executive, she said.

“There’s been a shift in thinking,” Arlen said. “People want to know that the sanction will not only punish the wrongdoer but it will unquestionably deter other people from doing the same thing.”

But others in the legal community argue that there is a point at which lengthy sentences for white-collar criminals cease being a deterrent, and are instead unreasonable, especially in cases in which the convicted is near retirement.

“Certainly, the judge had to strike a balance by sending a message that these were serious crimes,” said Andrew Genser, a white-collar criminal defense lawyer at Kirkland and Ellis, and former federal prosecutor. “But it is arguable that you shouldn’t be going away for as long as someone who commits manslaughter or homicide.”

But jail time and severe punishment are not the most crucial components in deterring criminal crime, argued Nomi Prins, a former investment banker and author of “Other People’s Money.”

Too much attention, Prins argued, has been placed on the question of whether corporate criminals are receiving excessive sentences. Rather, she said, the focus should be on the work of regulatory agencies as well as the day-to-day actions of corporations.

“Relative to physical crimes, these probably are high sentences,” Prins said. “But there’s a danger in giving a few people high sentences, while not examining the larger financial and government structures that continue to allow these crimes to take place.”

Unlike Enron or WorldCom, Tyco was not forced into bankruptcy. The company, which has filed lawsuits against Kozlowski and Swartz, has been under new management since 2002, when it hired former Motorola Inc. executive Edward Breen as chairman and CEO. In 2003 the Bermuda-based company, which employs about 250,000 people, moved its U.S. headquarters to West Windsor, N.J., from Exeter, N.H.

KPMG admits to $2.5 billion tax fraud

Sparing itself from a potentially lethal criminal indictment, KPMG LLP, the nation’s fourth-largest accounting firm, admitted Monday to setting up fraudulent tax shelters for its wealthiest clients that cost the U.S. billions of dollars in revenue.

While the firm avoided prosecution, Justice Department officials in New York filed tax fraud charges against eight former employees of the accounting firm and one outside lawyer for allegedly conspiring to defraud the Internal Revenue Service through the scheme.

Appearing in a Lower Manhattan courtroom, KPMG lawyers admitted that “a number of KPMG tax partners engaged in conduct that was unlawful and fraudulent.”

In sidestepping prosecution, KPMG admitted guilt and agreed to pay $456 million in penalties.

But it may have avoided the same fate of its former competitor, Chicago-based Andersen. The once powerful firm crumbled after its 2002 conviction in the accounting scandal that engulfed its client Enron Corp. The conviction was overturned by the Supreme Court earlier this year, but not before the loss of all of its business and all but a handful of employees.

Citing a desire to avoid “collateral damage” to the public and KPMG employees, U.S. Atty. Gen. Alberto Gonzales, speaking in Washington, signaled that the government was looking to avoid an Andersen-like collapse.

If the Andersen case serves as a guide, KPMG’s roughly 1,000 corporate clients would likely have stopped doing business with a firm under federal indictment.

Gonzales said that “there are many factors that we weigh to determine the appropriate law enforcement action,” including “what are the consequences on the company and what are consequences on the industry?”

He added that “we are protecting the efforts of honest businesses as well as deterring future crimes.”

Yet some industry watchers Monday couldn’t help but speculate whether Andersen might have been spared had prosecutors known that a company employing some 28,000 people would be effectively put out of business after being charged with obstruction of justice.

“If Andersen had been second, it might have avoided the indictments and survived. Timing is everything,” said Lawrence Revsine, professor of accounting at Northwestern University’s Kellogg School of Management.

The Department of Justice called the KPMG scandal the largest criminal tax case ever filed and said the firm’s scam allowed clients to avoid paying $2.5 billion in taxes.

“Simply stated, if you had a multimillion-dollar tax liability, KPMG would find a way to wipe it out, even when the firm’s own experts thought the transactions would not survive IRS scrutiny,” said IRS Commissioner Mark Everson. “The only purpose of these abusive deals was to further enrich the already wealthy and to line the pockets of KPMG partners.”

In addition to admitting guilt and paying a fine, KPMG agreed that by early next year it would end its private client tax practice as well as its compensation and benefits tax practice, historically lucrative parts of its business. KPMG discontinued most of its private client tax practice in 2002.

To enforce the agreement, Richard Breeden, the former Securities and Exchange Commission chairman who also oversaw MCI Inc. after the WorldCom Inc. bankruptcy, will monitor KPMG for three years.

IRS officials said Monday that KPMG’s tax shelter scheme was driven by greed.

The executives allegedly sold fraudulent tax shelters between 1996 and 2002 that claimed $11 billion in bogus tax losses. Disguised as legitimate investments, the shelters were known by names such as FLIP, for foreign leveraged investment program; BLIPS, for bond linked issue premium structure; and SOS, for short option strategy.

According to the Justice Department, the shelters were targeted at individuals who needed a minimum of $10 million or $20 million in tax losses in order to offset gains that should have been taxed.

Rather than guarding clients against legitimate yet risky investments, the shelters sold by KPMG executives reported tax losses in order to offset profits made on stock market and other types of investments. KPMG admitted the shelters aided “high net worth” clients from paying capital gains and income taxes.

Such aggressive tax shelters were emblematic of the late-1990s “era of excess,” according to corporate governance experts.

“This was a time when accounting firms were under tremendous pressure to find ways other than filing tax forms to make money,” said Nell Minow, editor of The Corporate Library, a corporate governance database. “Just like those at Enron, Global Crossing and Hollinger, people lost any sense of perspective and the consequences of their actions.”

Had the government chosen to prosecute KPMG, it is unlikely the firm could have avoided the legal troubles that doomed Andersen.

“This was the most appropriate solution to this situation,” said Charles Elson, director of the John L. Weinberg Center for Corporate Governance at the University of Delaware. “A world with three major accounting firms instead of four would be very difficult on the whole architecture that was developed post-Sarbanes-Oxley.”

The Sarbanes-Oxley Act, passed in 2002 after financial scandals took down firms such as Enron and WorldCom, requires corporations to hire separate auditors for parts of businesses that may be in competition with each other. In merger and acquisition deals, the act forbids an auditor from taking on work that could be judged to be a conflict of interest.

Lawyers for some of the KPMG defendants publicly vowed to fight the charges. Robert S. Fink, the lawyer of Richard Smith, one of the KPMG partners indicted Monday, said in a statement that “the government is attempting to criminalize the type of tax planning that tax professionals engage in on a daily basis.”

“If the government wants to put an end to these types of transactions, the proper response is for Congress to change the law, not to scare professionals away with indictments,” the statement read.

Under the agreement, KPMG will make an initial payment of $256 million by Sept. 1, followed by a $100 million payment in mid-2006 and another $100 million at the end of next year.

Lawyer Suing Lawyer Becoming Common Corporate Strategy

NEW YORK — Lawyers once sued just about everyone — but other lawyers.

“It just wasn’t done much-but that certainly has changed,” said Ben Hill III, a Tampa-basedattorney who chairs the Amer-ican Bar Association’s commit-tee on legal malpractice.

Now big law firms, which generate huge fees representing large corporations, have be-come prime targets for malpractice claims.

One of the biggest such cases recently involved Chicago law-yer Myron Cherry, representing health-care company VentasInc., taking on the prestigious New York law firm of Sullivan &Cromwell.

In late October, Louisville-based Ventas disclosed that its former counsel, Sullivan &Cromwell, agreed to pay $25.5million to avoid trial in a 3-year-oldmalpractice suit alleging conflict of interest.In an investor conference calla day after the settlement was made public, Debra Cafaro, Ventas’ chairman and chief executive, would only say that the settlement “agreement includes confidentiality provisions, and,therefore, we cannot elaborate on our statement or answer your questions.

“H. Rodgin Cohen, chairman of Sullivan & Cromwell, said he would not comment on the settlement, but contends that law firms are especially vulnerable to malpractice claims because dissatisfied clients take advantage of firms’ eagerness to avoid potential damage to their reputations.

“There is a special vulnerability of having someone stand up in court for weeks or months and saying you are guilty of malpractice,” Cohen said. “I would hope that most clients, the vast majority, would not look to the courts for a remedy for every perceived ill.”While the Ventas-Sullivan & Cromwell malpractice settle-ment was not the largest pay-ment ever received by a lawfirm’s former client, it fell wellatop the highest category of pay-ments cited in an April Ameri-can Bar Association study.That survey of legal malprac-tice cases brought between 2000and 2003 showed that the num-ber of payments for more than$2 million had increased to 19,compared with 10 recorded be-tween 1996 and 1999. Paymentsincluded both out-of-court set-tlements and courtroom ver-dicts.Personal-injurycasescomprised the largest numberof legal malpractice claims, fol-lowed by cases involving familyand estate law, and corporatetransactions such as bankrupt-cy.The fallout from high-profilecorporatecorruptioncases,most notably Enron Corp. andWorldCom Inc., has placedgreater scrutiny on executivesto justify their actions, saidCherry.Five or 10 years ago, Cherrysaid, corporate clients were un-likely to sue a large firm, espe-cially one with which it had along relationship.”Now, shareholders are de-manding that executives servethem,” Cherry said. “Corpora-tions, therefore, have a fiduci-ary responsibility to share-holders, and that could meanevaluating whether they have aclaim against their own lawfirm.11In the Ventas case, the health-care company charged that itran into severe financial prob-lems specifically because of “in-competent and negligent” advice it received from Sullivan &Cromwell stemming from thecompany’s 1998 spinoff of itshospitals and nursing home op-erations.In 2002 Ventas sued Sullivan &Cromwell for $186 million, alleg-ing that it engaged in a conflictof interest by representing bothVentas, which became a real es-tate investment trust, and thespun-off health-care company,Kindred Healthcare.After Sullivan & Cromwell re-peatedly petitioned to have thecase thrown out, a judge lastyear set a trial date. The settle-ment occurred several monthsbefore the trial was to begin.The American Bar Associ-ation also revealed that claimsagainst firms with more than100 attorneys had more than tri-pled between the two time peri-ods it studied.’Quicker to sue lawyers'”People are more cynical,they’re quicker to sue lawyersand they think in larger dollarnumbers than they ever had,”said Thomas Browne, generalcounsel at Hinshaw & Culbert-son, a Chicago firm that oftenrepresents lawyers in malprac-tice suits.Browne, who has representedlawyers for more than 25 years,said that until three years agohe had never been involved in asettlement for more than $1 mil-lion. Since then, he added, fourof his legal malpractice caseshave ended in settlements ex-ceeding $1 million.Browne and others point tocorporate scandals and the 2002Sarbanes-OxleyAct,whichoverhauled corporate govern-ance rules, for making law firmsmore answerable to their cli-ents’ actions.”When a big scandal occurs,the trend now is for board direc-tors to see whether some big lawfirm handling its legal workmay be to blame,” said Stephenvan Wert, an executive at Brown& Brown Inc., a Daytona Beach,Fla.,insurance intermediarythat offers legalmalpracticecoverage. “There’s more scruti-ny being placed on law firms.”`When a big scandaloccurs, the trend now isfor board directors to seewhether some big lawfirm handling its legalwork may be to blame.’-Stephen van Wert, insuranceintermediary Brown & Brown Inc.At the same time, law firmsusually want to minimize thetime and money spent in acourtroom proceeding.For that reason, “95 percent”of claims against law firms aresettled before trial, van Wert es-timated.To lessen the chance ofclaims, Edward Zulkey, generalcounsel of Chicago firm Baker &McKenzie, said he spends moretime speaking and lecturing in-ternally-especially to youngerlawyers-among the firm’s 3,500attorneys.Zulkey said he emphasizeschoosing clients carefully, docu-menting a client’s instructionsand taking care that a case doesnot conflict with the firm’s oth-er responsibilities.Nationally,more law firmsare designating a partner toserve as a general counsel tohandle malpractice issues. AJune 2005 study by Altman WeilInc., a legal consultant based inNewtown Square, Pa., showedthat 69 percent of the country’slargest 200 law firms had desig-nated such a general counsel, upfrom 63 percent in 2004.Susan Paris Koniak, a BostonUniversity School of Law pro-fessor, argues that the threat oflegal malpractice suits is mostlya good thing. She said they forcelaw firms, especially largerfirms, to behave ethically.”When you’re talking aboutthese very large and powerfullaw firms, that’s the only deter-rent there is,” said Koniak. “Toooften,disciplineboards shyaway from really going after thebig firms.”

Radio’s Biggest Fear Isn’t Losing Howard Stern, it’s the iPod

Consumers get new choices, more control

When Jeff Smulyan, chairman and chief executive of the radio and television company Emmis Communications Corp., was asked at an investor conference earlier this year whether Howard Stern‘s impending departure to satellite radio had shaken the industry, he replied that the shock jock’s exit from over-the-air broadcasting wasn’t close to his biggest fear.

No, Smulyan said. His biggest fear was the iPod.

“I think iPods pose a much bigger challenge to us than satellite radio,” he said. “With iPods, we’re talking about people choosing to listen to their own music rather than what’s on the radio. That’s significant.”

In the coming year, the media industry will be at the mercy of people facing ever-more media choices. As the options multiply, the task of capturing the attention of readers, listeners and viewers will be tougher than ever.

The original iPod by Apple.

New delivery methods combined with the potential for customization promise to shake up the playing field for the industry’s established players in 2005 and beyond.

Mix an iPod with a digital video recorder and a souped-up cell phone, and the average consumer becomes a do-it-yourself media producer, says Michael J. Wolf,a senior partner at McKinsey & Co.’s global media and entertainment practice.

That the iPod works seamlessly with the Internet, the ultimate personal media machine, provides even more opportunity for individuals to determine what entertainment and news they consume and when they consume it.

“We’re at a fork in the road where a consumer can take what’s been programmed for them or they program for themselves and create a world of `my media,'” Wolf said.

While not everyone owns all these devices, the readiness of those Wolf calls “trendsetters” to embrace digital video recorders provides a glimpse of the likely future, he said.

A survey by the Boston-based research firm Yankee Group puts current DVR penetration at 5 percent of U.S. homes. But it forecasts that in just over three years the number of households with DVR technology–which makes skipping commercials a snap–can be expected to rise to 20 percent.

Besides pinning down an increasingly slippery customer base, the media biz has other challenges ahead in 2005, including:

– Ownership restrictions. Despite a huge setback in 2004, the nation’s largest media companies expect to carry on their campaign against ownership restrictions in the courts, Congress and the Federal Communications Commission.

Most media companies would like to get bigger, to achieve economies of scale and cross-promotion opportunities. So the industry was stunned in June when a federal appeals court largely overturned FCC rules passed a year earlier that had relaxed media ownership rules. Among those most frustrated by the court’s decision were newspaper companies eager to acquire television and radio properties in their existing markets to boost a slow-growing core business.

In 2005 the U.S. Supreme Court could take up the case, or the FCC might choose to rewrite some rules.

“It’s possible you’ll get clarity soon,” said Blair Levin, a media analyst at Legg Mason and a former chief of staff to an FCC commissioner, “but more likely it will take a couple of years.”

– Push for decency. While the prospect of further media consolidation sparked public debate and even a fledgling national movement to stop it, the issue was largely overshadowed last year by a single moment in a football game.

Once Janet Jackson‘s breast was flashed during the Super Bowl halftime show, indecency, rather than consolidation, became the No. 1 obsession for the media and those who consume it.

FCC Chairman Michael Powell made the decency issue his own, and it may well endure beyond his tenure if, as some observers expect, he gives up his office in 2005.

Powell’s proselytizing earned the ire of civil libertarians and broadcasters while pleasing a bipartisan collection of politicians and a conservative watchdog group, the Parents Television Council. In 2005 the Powell doctrine is likely to rule the airwaves even if Powell no longer rules the FCC: No American should have to bear programming judged to be “patently offensive as measured by contemporary community broadcast standards.”

– Internet boom. Internet usage surged as the number of consumers and businesses that subscribe to broadband service rose 38 percent in the year ending June 30, the FCC said. And for the first time, broadband use in homes surpassed dial-up, according to a Nielsen/Net Ratings study showing that 53 percent of homes accessing the Internet opt for a high-speed connection.

With so many more people online, Internet advertising jumped 25.8 percent in the first nine months of 2004, said TNS Media Intelligence/CMR.

As high-speed Internet becomes as commonplace as cable television, consumers will never look at their TVs, radios, newspapers and magazines quite the same way, predicts McKinsey’s Wolf.

The enormously successful Google Inc. stock offering in August shows where investors and the public at large see the future. Google, the 6-year-old Internet search engine, raised $1.67 billion in an initial public offering that valued its outstanding stock at $29 billion.

“The media industry has finally woken up to the fact that there wasn’t really an Internet bubble after all,” Wolf said. “There may have been a financial bubble. There was no decrease in the interest of online consumers and advertisers. Integrating the Internet with media continues to be our greatest challenge.”

New York City on High Alert for 2004 Republican Convention

NEW YORK — The twin threats of terrorism and protest violence have put the New York Police Department in the global spotlight again on the eve of the Republican National Convention, and New York’s finest appeared well prepared for the task during Sunday’s march by more than 100,000 protesters.

While the nation well remembers the heroics and sacrifice of New York’s police and firefighters on Sept. 11, 2001, the NYPD faces some tricky public relations challenges in keeping its image exemplary while dealing firmly but humanely with protesters — as well as policing the convention amid heightened threats and unprecedented security for such a national political gathering.

In the months leading up to Sunday’s march, New York police commissioner Ray Kelly had emphasized that rather than street protests, his greatest concern was terrorism.

Yet the antiwar group United for Peace and Justice had repeatedly warned as well that the city should not use Sept. 11 or threats of terrorism to curb constitutional rights to protest.

By day’s end, Kelly was applauding march organizers for what he called an event that ‘‘by and large was peaceful and orderly.” Though about 200 people were arrested, most for disorderly conduct, Kelly stressed that most of the arrests occurred far off the parade route.

‘‘The organizers for United for Peace and Justice ought to be commended for keeping their word: They pledged that the demonstrators would follow the march route, and that’s exactly what happened,” he said.

Chris Dunn, associate legal director of the New York Civil Liberties Union and a key march organizer, said that during the nearly six-hour march both police and protesters acted admirably. ‘‘What really helped was that the protesters wanted things to be peaceful, and the cops for the most part were extremely well behaved,” he said.

As groups of protesters were beginning to mass along Seventh Avenue Sunday morning, police Inspector Joseph Riley shook hands with Dunn and went over logistics for the march.

It was a friendly if guarded greeting of two men who had talked many times over the past six months as the city and the antiwar coalition negotiated the route of the march.

‘‘We haven’t always seen eye to eye, but there’s been a real effort to coordinate our activities,” said Riley.

The day went much as expected. Thousands of people — The Associated Press reported 100,000 while march organizers estimated 400,000 — marched for six hours through midtown Manhattan past Madison Square Garden, the convention site.

Still fresh in the minds of march organizers was the antiwar rally held on Manhattan’s East Side on a cold day in February 2003. Organizers charged afterward that the city had abused the use of so-called ‘‘pens,” interlocking metal barricades that police have used since the mid-1990s to control crowd movements. Later the New York Civil Liberties Union later sued the police department, leading to a July court order to modify policies regarding restrictions on access to events and searching of demonstrators.

At Sunday’s march, Dunn said, the use of pens had been so heavily modified as to have been all but eliminated. ‘‘They got beat up by the February ‘03 event, and to their credit they made some important changes,” he said.

For the NYPD, the greatest concern was — and remains — a terrorist attack.

Helicopters hovered high above the rally while more than 10,000 police — about one-fourth of the city’s force — worked the march and the convention site, and prepared to protect other public events this week, such as the start of the U.S. Open tennis tournament and baseball games of the Yankees and the Mets.

The large police presence, said George Bauries, crisis management director for Criterion Strategies, an international security firm based in Manhattan, ‘‘set a tone that if any terror group was going to take advantage there would be second thoughts to that.”

In the days leading up to the march, police stepped up their rounds at the city’s major transportation spots, its subway system, train terminals, bridges and tunnels. New equipment such as metal barriers to halt a speeding vehicle and ‘‘sally ports” to inspect trucks were positioned around Madison Square Garden.

Police clearly were bracing for many more arrests. In the event that large numbers of protesters had to be detained, the city recently erected a facility on a Chelsea pier that could hold as many as 1,000 people. Courts had also been readied to process large numbers.

‘‘The department is very mindful of its image,” Bauries said. ‘‘There can’t be an overwhelming hand that would crush demonstrators, but at the same time, we have to be sure that groups such as al-Qaida don’t take advantage of weakened security.”

Tribune Co. uncovers more inflated circulation

CHICAGO – Tribune Co. said yesterday that it uncovered more circulation misstatements at its two New York newspapers and set aside $35 million to compensate advertisers who were overcharged.

The revelations came as the publisher and broadcaster reported that second-quarter earnings plunged 58 percent from the year-earlier period. The decline was driven largely by charges for the circulation problems and for layoffs prompted by lower-than-expected advertising revenue.

Tribune stock fell $1.12, or 2.6 percent, on the news, closing at $42 a share, a 52-week low.

Paul Ginocchio, a media analyst at Deutsche Bank North America, said investors appear worried by the possibility of more circulation problems. “The market seems to be somewhat concerned that this hasn’t been fully dealt with yet, that they may have to allocate even more money to a reserve,” he said.

In a conference call, Tribune said it had taken steps to correct the inflated 2003 and 2004 circulation figures, disclosed last month, at Newsday on New York’s Long Island and at the New York edition of Hoy, a Spanish-language paper.

But the company also said it found new circulation misstatements at the papers in those years, as well as in 2001 and 2002.

Because newspapers set their advertising rates based on circulation, inflated figures cause advertisers to overpay for their ads. To compensate Newsday and Hoy advertisers, Tribune said it had taken a pretax charge of $35 million, or 6 cents per share. But it warned that it might not be enough.

“The company will continue to evaluate the adequacy of this $35 million reserve on an ongoing basis, as the audits are completed and negotiations with advertisers proceed,” Tribune said.

Dennis J. FitzSimons, the company’s chairman, president and chief executive, called the circulation problems ethical lapses that were “unacceptable and wholly out of character” for Tribune.

“We are confident in our investigation, but we will not make a definitive statement yet until we have gone over this thoroughly with ABC,” FitzSimons said, referring to the Audit Bureau of Circulations, the newspaper industry’s circulation watchdog.

FitzSimons said the company’s 12 other daily newspapers, including the Chicago Tribune and The Sun, have taken actions to prevent similar circulation problems.

The company has instituted additional “internal controls” in its papers’ circulation departments, he said. Every Tribune publisher, chief financial officer and circulation vice president must now certify the accuracy of reported figures and that ABC rules were followed. False reports could cost the managers their bonuses and stock options.

Earlier this week, the audit bureau censured Newsday and Hoy for what it called “deceptive and fraudulent circulation practices.” The bureau also censured the Chicago Sun-Times, which revealed last month that it had been significantly overstating its circulation figures for “the past several years.”

For Tribune, the new disclosures came as the company reported that its net income fell to $96.4 million, or 29 cents a share, compared with $229.5 million, or 67 cents a share, for the second quarter of 2003.

Tribune took another pretax charge of $17 million, or 3 cents a share, for severance packages associated with the elimination of 375 jobs, about half of them at the Los Angeles Times.

Tribune also reported that second-quarter operating revenue rose 3 percent, to $1.5 billion from $1.45 billion. It reiterated that it expects revenue to grow 4 percent for the rest of the year.

Meanwhile, Tribune said it anticipates that operating expenses will increase 2.5 percent to 3 percent because of higher costs of retirement and health insurance programs, and newsprint.

The Chicago Tribune is a Tribune Publishing newspaper.



N.Y. Times’ Self-Criticism Turns Eyes to Media’s Role in Launching Iraq War

NEW YORK — An extraordinary public mea culpa in the news pages of The New York Times prompted debate yesterday over the role the media played in helping the Bush administration make its case for war in Iraq.

The Times said it had failed to sufficiently scrutinize the administration’s assertions that Saddam Hussein controlled weapons of mass destruction and that Islamic terrorists were training in Iraq.

The articles were written in the months immediately before and after the March 2003 U.S.-led invasion. The Seattle Times publishes some New York Times stories in Sunday editions.

To this day, no stockpiles of weapons of mass destruction have been found in Iraq, nor has evidence been uncovered establishing that Saddam sought to harbor al-Qaida operatives.

The New York Times’ aggressive coverage was significant because of its influence on journalism and in political circles, said former White House Press Secretary Joe Lockhart, who served under President Clinton. “When a member of Congress sits down and reads something in The New York Times, they believe it’s true, and even if they think it’s not true, they realize it’s on the agenda and has to be dealt with,” he said.

He singled out Iraqi dissidents — including Ahmad Chalabi, recently accused of sharing U.S. secrets with Iran — as having brokered information for The New York Times. Those same dissidents were supplying information to U.S. intelligence agencies and Bush administration officials, who then corroborated them to the Times and other news media.

Critics say the dissidents, out to topple Saddam, molded public opinion to back the administration’s intention to go to war.

“There’s an echo chamber or circular feel to all of this — which really should worry everybody,” Lockhart said.

Gen. Anthony Zinni, the former regional commander of U.S. forces in the Middle East and one of the few prominent military men to publicly criticize the war plans beforehand, also criticized the pattern of leaks that the administration would confirm later to reporters. Zinni said yesterday the interplay of the Pentagon and Iraqi dissidents amounted to “a neat con man’s game. It comes full circle and validates the (inaccurate) information.”

In an editorial, The Times admitted yesterday to having relied too heavily on a few sources.

Although many critics have singled out articles by Times reporter Judith Miller, editors said the problem “was more complicated.” They said that “editors at several levels” may have been “too intent on rushing scoops into the paper.”

Nonetheless, Miller’s most prominent source, widely believed to have been Chalabi, was all but officially discredited last week.

“(The coverage) blunted a lot of criticism and cowed a lot of critics,” said Sen. Dick Durbin, D-Ill., who voted against a resolution authorizing war. “I know it. It was too much for some of my colleagues in Congress. The safe vote was the vote for the war.”

Immigration Reform Is Derailed by 9/11 Terrorism Attacks

It didn’t take long, recalls Nadia Marin-Molina, for the telephone to start ringing with reports of harassment by particularly vigilant people looking for anyone who appeared to be Muslim.

The calls, says Marin-Molina, executive director of the Workplace Project in Hempstead, New York, came from day laborers, mostly young men and women from Ecuador, El Salvador and Mexico who wait at street corners in towns on Long Island for contractors to offer work. Though they’re not of Arab descent, in the days following the September 11 attack on the World Trade Center, the customary drive-by harassments and police patrols monitoring the area’s day laborers grew steadier and uglier. Sensing their safety could be at risk, immigrants began to stay in their homes.

“We realized pretty quickly that this anti-immigrant sentiment wouldn’t just pertain to one group, that the consequences would ripple through all groups,” Marin-Molina says. “It’s an impact of fear—a feeling that if we speak up, what is going to happen to us?”

Though it still may be too early to judge the effect of the past month’s events on immigration law reform as well as the public’s image of immigrants, there is little doubt that priorities have changed. In Congress, the timetable for immigration reform has likely been set back six months or more. Nationally, immigration activists worry that all immigrants, or those assumed to be foreign-born, run the risk of being categorized as bothersome or even dangerous. “We are certainly concerned about there being a shift in the general public that would paint the entire immigrant community based on what a few villainous individuals were engaged in,” says Arturo Rodriguez, executive director of the United Farm Workers.

Before the attacks, President George W. Bush had been urging the public to view undocumented immigrants as hard-working and conscientious rather than law-breakers resistant to assimilation. Free of the bellicose rantings of Pete Wilson and Pat Buchanan, immigration reform had seemed an issue that liberals as well as conservatives could embrace.

Mexican President Vicente Fox came to Washington in the week just before the attacks to implore U.S. lawmakers to pass legislation that would recognize the integral role of undocumented workers in the U.S. economy. Perhaps motivated by the hope of winning over Latino voters, and surprising many, Bush eagerly concurred. Though the specifics of legislation had yet to be determined, civil rights, labor and religious groups were cautiously hopeful that a full-scale legalization program for the undocumented was in the offing.

All that changed, of course, on September 11. Rather than crafting ways that the Immigration and Naturalization Service might plan programs to legalize many of the country’s more than 8 million undocumented immigrants, the INS has since been told it can take “an additional reasonable period of time” deciding whether to continue to detain a non-U.S. citizen suspected of committing a crime. Instead of enacting laws that might give noncitizens the same workplace rights as those born in the country, at press time it was likely that the Bush administration would secure measures allowing immigrants suspected of terrorism to be detained without charges for a week. (Ashcroft wanted the right to detain noncitizens under suspicion indefinitely.) 

Another Bush proposal that would have required schools to reveal information about foreign students to investigators was nixed, though the number of student visas is sure to be curtailed and background checks significantly increased.

Anti-immigration groups seized upon the attacks. In a statement released just hours after the planes hit the Twin Towers, the Washington-based Federation for American Immigration Reform argued that “the nation’s defense against terrorism has been seriously eroded by the efforts of open-borders advocates, and the innocent victims of today’s terrorist attacks have paid the price.”

The public’s fear of terrorism will have to be weighed into any future package of immigration reform proposals. Angela Kelley, deputy director of the National Immigration Forum, says concessions to the new political realities do not necessarily have to impede measures that would reunite immigrant families, increase wages for farmworkers or make it easier for longtime undocumented workers to become legal. “Stopping terrorism is really about better human intelligence, better information sharing, better technology,” Kelley says. “It’s about knowing the whereabouts of people on a watch list and having staff that are experienced at spotting fake documents. I don’t think any of that is unreasonable.”

As before, the future of immigration reform may depend largely on the strength of the economy. The suggestion that the supply of workers would be increased at a time of heightened unemployment would likely hurt the chances for an expanded legalization program. Fear of terrorism, though, is sure to shape both the machinations of immigration politics as well as the organizing efforts of those who work most closely with undocumented immigrants. 

Bill Murray keeps his cool at Brooklyn’s Bill Murray film festival

Like few entertainers, Bill Murray makes people laugh even before he says anything.

By just walking on a stage and looking around as if he isn’t supposed to be there, Murray emotes an amiable cool, a perspicacity that provokes excitement and punchy anticipation. Fresh off his Oscar nomination for best actor in “Lost in Translation,” Murray has become the Everyman entertainer, and audiences adore him.

In an appearance last week at the Brooklyn Academy of Music, Murray headlined an event that may have seemed outlandish a decade ago: an actual film festival titled “What About Bill Murray?”

It took four years of cajoling by BAM, the cultural center in the borough’s burgeoning art district, to lure the notoriously evasive Wilmette native to participate in the three-week, eight-film series. Reflecting Murray’s popularity, the talk and film screenings, which run until May 5, were sold out before the series began this week.

Dressed in a light blue suit with a blue shirt and no tie, Murray walked on stage to the cheers and hollers of a crowd giddy like a college audience, albeit a bit older. His coy deadpan stare made those in attendance wonder: Is he in a good mood? A bad one? Why doesn’t he smile? Is he being himself, or is he acting?

Feigning an effort to quiet the applause, Murray kept his face frozen before allowing his trademark smirk to burst uncontrollably into a full smile. “Yes, and I love every one of you,” he said.

With New York Times film critic Elvis Mitchell asking the questions, Murray said that it was while making the movie “Meatballs” that he recognized he could get beyond the written words. “That’s when I knew that I was better than the material,” he said.

“I used improv more back then because the scripts were worse — now the scripts are better,” he added. “You’re always improvising a little bit because scripts are two-dimensional, so you have to sort of jump it up a little bit so that the acting becomes physical.”

Often, Murray comes back to the word “calm” to describe the launching point from which he seeks to capture just the right combination of energy and creativity. When Mitchell asked where that calm comes from, Murray, sensing that maybe the conversation had become a bit too serious, answered, “It comes from `Bed, Bath and Beyond.'”

“I like to use the expression `to get out of your own way,'” he continued. “If I get out of my way, I won’t make any mistakes, I won’t have any regrets, and I can do something I believed I could do but I didn’t know what I would do. I find that works for me in film, and it works for me in life.”

Among the many things about Murray that audiences seem to find deliciously irresistible are his stories.

There’s the one about trying to impress Hunter Thompson by attempting a Houdini-like escape while tied to a chair underwater in a swimming pool. “I wanted to do some escape work, it was summertime, it was hot,” he explained. “I almost drowned until Hunter knew enough to pick up the chair so I could breath.”

On making “Caddyshack” in Florida in the early-1980s: “They gave me this great green Lincoln Continental rent-a-car with green upholstery, and back then there was no one living in Florida so you could drive at 90, and get really hammered. It was a good time to be an American.”

Murray’s career has moved from the nearly legendary Second City improv troupe to “Saturday Night Live” in 1976-77, just in its second season. “Stripes,” “Caddyshack” and “Ghostbusters” put Murray in the forefront of modern comedy. A small part in “Tootsie” (1982) revealed there might indeed be much more to Murray than slapstick. Dramatic roles in “Ed Wood,” “Rushmore” and “The Royal Tenenbaums” established Murray as an actor who happens to be funny, rather than simply as a comedian who does some acting.

“There’s a fearlessness about him,” said Howard Franklin, director of “Quick Change,” one of five film producers and writers who joined Murray and Mitchell onstage. “There’s this sense that he gets away with things that we can’t, and there’s something loveable about that.” Talking about Murray’s evolution from “Meatballs” to “Lost in Translation,” Franklin added, “There’s a candidness there that basically was always there but has evolved into a richer form.” As for not winning the Oscar, Murray explained with the usual deadpan, “I’m OK with that. I got so drunk for so long. For me it hasn’t been so bad. I really enjoy making movies.”

Ultimately, it comes back to that calmness, that knowing eye that excites Murray and his audiences.

“If you’re calm enough, and quiet enough, then the real stuff that’s changing can land and sort of bounce back to you,” he said. “I try to get calm so that something will appear, something will come up. If you can sort of get out of your own way, something good will come of it.”

The Fall of the Redskins Brand

By Leon Lazaroff

The Washington Redskins told beleaguered coach Jay Gruden that he can return for the 2019 NFL season while the team’s owner, Dan Snyder, continues to struggle to secure a deal for a better stadium than the widely detested FedEx Field in suburban Maryland.

For Redskins fans, this off-season promises to be more of the same: a slow drip, drip of uninspiring news, further proof that Snyder has irretrievably lost control of the public conversation around the city’s football franchise.

It wasn’t always this way.

When Dan Snyder purchased the Washington Redskins in 1999 from the family of Jack Kent Cooke, the Internet was in its infancy. The iPhone was still eight years away, and Twitter was little more than a flicker in the mind of Jack Dorsey. Snyder was 34, a child of the last year of the baby boom, old enough to remember when television was limited to a handful of channels accessed through an antenna.

Back then, owners had many ways to control the news about their team. The number of local news outlets wasn’t more than a handful, and even the occasional boisterous radio talk show host or cranky newspaper columnist could be offset by a favorable interview with the starting quarterback on a local TV station.

But as Snyder’s relationship to the team’s fans has turned from testy to downright hostile, the former communications entrepreneur has struggled to control the public’s opinion of the Redskins, and by extension, the health and welfare of its brand. The hashtags #SellTheTeamDan and #FireBruceAllen, a reference to the team’s unsuccessful president, are routinely attached to acerbic tweets protesting a hike in ticket prices and parking fees, and a laundry list of questionable trades, overpriced free agent signings, regrettable draft choices and a revolving door of coaches.

Snyder’s reign as Redskins owner happens to overlap with the ascendancy of social media. Talk show hosts and newspaper columnists often get their queues from Twitter, Facebook, YouTube and Instagram. No executive action or incriminating photo can be hidden, whether it’s rows of empty seats at the team’s FedEx Stadium in suburban Maryland or signs forbidding pedestrians to walk to the stadium and therefore requiring them to drive and pay a parking fee.

“People find out things more regularly today that aren’t in the traditional news media,” Benjamin Wright, a professorial lecturer in the marketing department of American University who studies how organization use digital efforts to influence consumers. “They know bad news travels faster than good news. So, when you look at an organization like the Redskins, they’ve been in the news for quite some time now, and it’s an easy grab. People like re-tweeting that content, sharing that content, that’s human nature.”

While losing is part of Snyder’s problem — the team has had just five winning seasons the past two decades — the brand’s sunken status transcends its performance on the field. The emotional debate over whether the Redskin name is racist often grabs headlines, but Snyder has also generated backlash from a series of moves that fans perceived as putting profits over performance. In 2008, for instance, he sued longtime season ticket holders, some of them elderly, for trying to get out of their 10- and 15-year season-ticket commitments, roughly $65,000 per ticket just as the U.S. economy was tumbling.

More recently, the Redskins had to explain a New York Times report that the team’s cheerleaders were asked to pose topless during a trip to a Costa Rican resort that included some of its sponsors and longtime season-ticket holders. And then in November the team signed a linebacker who had been cut by the San Francisco 49ers after his second arrest for domestic violence, prompting yet another Twitter outcry aimed at Snyder.

Things have gotten so bad that Redskin players told reporters this season that they prefer to play road games than in front of their purported supporters. Attendance this past season fell by 24% as TV viewing dropped and game-day revenue tumbled by $18 million, according to The Washington Post. The team finished with a 7-9 record, once again missing the playoffs.

“The Redskin brand was hugely successful up until the change in ownership,” said Ronald C. Goodstein is an Associate Professor of Marketing at Georgetown University’s McDonough School of Business. “It had all the tradition, it had all the hometown smalltown feeling. It’s now ‘Redskins by Snyder’ as opposed to ‘Redskins,’ and ‘Redskins by Snyder’ is a diluted brand.”

How did it come to this? How did this once sterling relationship between team and its fans fall into tatters, and why would fans punish their team just because they don’t like its owner? Taking it a step further, why do once loyal consumers suddenly turn on a product they seemingly loved?

The root of consumer backlash, explains Americus Reed,  marketing professor at the Wharton School at the University of Pennsylvania, can be found in the principle of identification. The relationship between consumers, clients or fans with a successful company, organization or sports team extends well beyond the face value of a product or a ticket to a ball game. Consumer identification runs deep, especially in sports. When something does happen to a product that damages that identification, consumers will walk away.

Such was the case in 2014 when years of allegations of sexual harassment directed at Dov Charney, founder and CEO of the clothing line American Apparel, coalesced into a series of lawsuits that forced the company to fire him. Charney tried all he could to smother the allegations, but the reaction on social media was overwhelming. American Apparel filed for bankruptcy in 2015. Likewise, the ride hailing service Uber suffered a drop in users after an internal investigation in 2017 revealed a belligerent workplace culture that fostered sexual harassment and discrimination. Though Uber replaced its founder and CEO Travis Kalanick that same year, the company has struggled to transform its image amid slowing growth and mounting losses.

American Apparel and Uber, companies lost sight of the importance of  “brand purpose,” Reed added. “Consumers don’t buy what you do, they buy why you do it,” he said. They’re looking for the “why.” The same goes for sports teams like the Redskins.

In 1998, the Redskins sold out all their games at FedEx Field. Fans eagerly filled the stadium’s seats despite their National Football League team’s disappointing performance. The Redskins finished the season with a 6-10 record.

As in prior years, a ticket to see the Redskins play a home game was among the most difficult to get in all of sports. A sellout was routine. Fans attended games because the Redskins were more than just sporting entertainment — they embodied civic pride, a winning tradition, a small city with a big heart. While issues of race and class periodically boiled over to highlight stark differences between neighborhoods, the Redskins were an institution everyone could embrace.

But shortly after Snyder took control of the Redskins, the team appeared to be looking for ways to boost revenue without improving the fan’s experience. In 2000, Snyder added 4,000 field-level seats at FedEx stadium, charging $3,000 per season for views routinely blocked by players standing on the sidelines. While wealthier patrons and corporations purchased the seats, average fans were annoyed. Snyder even began charging for parking and admission to attend the Redskins historically free pre-season training camp. Redskin ticket prices were the highest in the NFL in 2016, according to a report by CBS News.

Snyder’s biggest public relations fight, though, has been the ongoing and heated debate over whether the team should jettison the Redskin name, a term that the Online Oxford Dictionary describes as “dated and offensive,” and which others simply consider racist. Despite a vocal campaign to retire the name, Snyder’s has remained unequivocal: “We’ll never change the name,” he told USA Today in May 2013. “It’s that simple. NEVER — you can use caps.”

In the age of Twitter and Facebook, those comments were widely distributed, though Goodstein emphasized that Snyder’s intransigence on the team’s name is an important reason that older fans have remained loyal, despite all the losing. “The name controversy has cut both ways,” he said.

Ultimately, companies and sports franchises prefer to stay out of the news. Even mild controversies are to be avoided.

Starbucks encountered a potentially prickly consumer crisis in April 2018 when two black men were arrested at a Philadelphia store as they waited for a business partner. A video of two mild-mannered men being handcuffed by local police for not yet ordering a beverage went viral, sparking outrage. The altercation seemed to counter Starbucks’ sense of itself as a relaxed, friendly, open place where drinking coffee is a personal experience.

Starbucks management responded quickly — some might even say too quickly. Seattle-based CEO Kevin Johnson flew to Philadelphia to meet with the two men, who later agreed to a settlement, and two months later, the company closed 8,000 of its stores for a day of racial-bias training. The message to consumers was that Starbucks would do anything to safeguard its relationship with its customers.

Johnson’s actions, Wright said, speak to the value that a company places on “brand equity,” those vague yet essential qualities that go beyond a Nike swoosh or Apple’s Macintosh. Wright, who studies the ways in which organizations use social media to influence customers, says consumers will turn against a brand or a even a sports team, once they sense that the relationship has violated a sense of trust.

“Authenticity is huge for consumers today, and that really speaks to the essence of social media,” Wright added. “Consumers are demanding more accountability. They no longer assume ‘they’re a big corporation, they spend lots of money, of course they don’t have to be accountable.’ That’s not the case anymore. If you don’t trust an organization, there’s really no reason a consumer will pay much attention to it.”

With the Redskins playing mediocre football while charging high prices to attend an outdated stadium, it’s not inconceivable that Snyder’s relationship with Washington D.C. could worsen. After all, the team’s increasingly peppery relationship with its fans comes as the NFL suffers through declining television advertising amid a three-year drop in viewership.

Unlike in 1999, consumers and fans have easy access to a platform with the widest of distribution. Grievances are easily aired. Fans are connected through their networks of friends and followers, and those networks are connected to each other, giving birth to a new breed of buyers whom Reed calls “consumer vigilantes.” The upshot is that managing a brand’s public relations is far more complicated than it was twenty or even five years ago.

While social media doesn’t cause consumer backlash, it can certainly exacerbate a problem.

“If something goes wrong, it’s posted on YouTube, and within 15 minutes, it’s gone around the world,” Reed said. “This creates an incredible pressure for the C-Suite. If your brand is falling apart, you have a big problem. It’s possible you haven’t even woken up and yet half the world already knows about a problem going on in your stores.”

Or in your clubhouse.

Images of Charred U.S. Soldiers Spark Debate

As often happens with horrific images, some newspaper readers and television viewers expressed outrage Thursday when the news media displayed pictures of the charred bodies of Americans being dragged through the streets of Fallujah while crowds rejoiced.

The images were powerful–so powerful, in fact, that they may have threatened to overpower the words meant to give a story context and to leave readers and viewers hungry for more explanation.

“Moving pictures tend to overwhelm everything else,” said Robert Thompson, director of the Syracuse University Center for the Study of Popular Television. “Pictures such as those from Fallujah aren’t the kind that say 1,000 words–those pictures need 1,000 words.”

By midafternoon Wednesday, the raw footage taken by a cameraman for Associated Press Television News shortly after the ambush was accessible in its entirety over the Internet. Still photographers showed up soon after. For producers and editors, the difficulty came in determining which images were the most compelling yet suitable for airing or print.

Networks’ choices

Jon Banner, executive producer at ABC‘s “World News Tonight,” said the network decided to air video that included images of two badly burned bodies hanging from a Euphrates River bridge. CNN did the same. A photo of the bridge scene ran on the front page of the Chicago Tribune, The New York Times and The Philadelphia Inquirer, among other newspapers. The Chicago Sun-Times used a less graphic picture of a burning car and celebrating Iraqis on its front page.

“NBC Nightly News” and Fox News elected not to televise shots of the bodies being dragged down the street or hanging from the bridge, while “CBS Evening News” used images that blurred the bodies, a practice also followed in part by ABC. None of the networks chose to air the more graphic images of the bodies on fire or being beaten with a lead pipe.

Fulfilling a responsibility

“In our view it would have been wrong to sanitize those images,” Banner said. “You certainly don’t want it to become ghoulish, but at the same time there is a responsibility to show your viewers what is going on there.”

Because the war in Iraq is a controversial issue in an election year, Managing Editor Anne Gordon of The Philadelphia Inquirer said she worried that the front-page photo choice could be construed as a political statement.

But “soft-pedaling that information would not serve the nation or this newspaper,” she said.

For many, the video images from Fallujah were reminiscent of the 1993 pictures of a crowd in Mogadishu, Somalia, dragging the body of a U.S. soldier. Like pictures from the Vietnam War, the Somalia scenes turned opinion against the U.S. effort and helped lead to a withdrawal.

In both cases, the presence of photographers may have inflamed the crowd’s passions, said David Klatell, academic dean at Columbia University‘s Graduate School of Journalism.

“There is simply no question that everywhere in this world, people know what cameras are and react to them,” he said, adding that he was struck by the number of people in the front-page photo used by the Tribune and The New York Times who appeared to be looking at the camera. “But cameras by themselves don’t cause people to behave any differently. Sometimes they may even behave better.”

Steve Capus, executive producer of “NBC Nightly News,” said he elected not to show the bridge scene on video, explaining that “this is a broadcast that airs at the dinner hour.” Instead, NBC used video of the crowd and burning cars while correspondent Richard Engel offered a voiceover description.

“We don’t necessarily have to show those images to tell the story,” Capus said.

In some cases, networks used still photographs instead of moving images. Klatell said a still photo offers the viewer none of the distractions found in a video that may also include sound. “Still photos arrest you, they make you stop and think,” he said.

Picture selection often depends on how a news event is viewed.

Cissy Baker, director of news operations at Tribune Broadcasting, which like the Chicago Tribune is part of Tribune Co., said that the ambush was different from other attacks in Iraq. The story was not just about the war but about bodies being pulled from cars, dragged in the street and hung on a bridge.

Baker said each local news operation was given the option not to air certain images. Most, she said, showed video of the bodies being hung from the bridge.

Pat Brockman of Elgin, one of many people who called the Chicago Tribune to complain about its front-page photo, suggested that the story could have been told without the photo.

“I keep thinking about the hurt it causes the families to have this photo everywhere,” she said. “Couldn’t you show the crowd and not the bodies?”

Steelworkers Face Off Against Kaiser Aluminum

Like most workers at Kaiser Corp.’s plant in Gramercy, Louisiana, Ray Scroggs never thought he’d still be out of work 20 months after talks between his union, the United of America, and company management broke down over job security and retiree health coverage.

Since October 1998, Scroggs and his USWA local have joined 2,900 workers at Kaiser plants in Spokane and Tacoma, Washington, and Newark, Ohio, to resist management demands that the company be allowed to “contract-out” 700 union jobs and put a Steelworkers Face Off Against Kaisercap on health care benefits.

Driving along a hot asphalt road in the neighboring town of Lutcher, Scroggs points to a spot about a half-mile from the Kaiser plant where a half-ton section of a chemical tank was found after a massive explosion on July 5, 1999. The blast splattered shards of metals over the plant’s property and spewed asbestos and lye into nearby communities.

No one was killed in the 5:15 AM explosion but 29 workers were evacuated to a nearby hospital with broken bones and burns caused by the boiling lye. If the explosion had taken place a few hours later, after the daily 6:00 AM shift change, Scroggs says the consequences could have been far worse.

At the time of the blast, replacement workers, or what many here call “scabs,” were operating the 42-year-old facility. According to company documents, a power outage was mishandled. The unionized steelworkers who had helped turn a nearly bankrupt 1980s facility into a 1997 money-maker, could only watch as ambulances raced in and out of the plant’s grounds, and area residents complained of burning eyes and throats.

“I’m confident that if we’d been in there at that time, the explosion never would have happened,” Scroggs said. “We’ve
had a number of power failures, and we never blew up the plant before.”
The union’s argument that the explosion would not have occurred if the
plant’s regular workers had been at the controls was validated on March
16 when the U.S. Department of Labor’s Mine Safety and Health Administration
(MSHA) cited Kaiser for 23 safety violations, and asked a federal judge to
fine the company $533,000


Though the company is challenging both actions in court with the help of the
Washington, DC firm of Patton Boggs LLP, MSHA’s report, which read more
like an indictment, was explicit. The report stated that “because of
the inexperience of the employees on site at the time of the power failure
and the employees’ lack of training in procedures to be followed in the
event of a power failure, they were unable to take timely action to prevent
the explosion.”


More damning, the Labor Department announced a week later that it would consider
making a request to the Justice Department to launch a criminal investigation
into the blast. Kaiser called the ongoing probe unnecessary. A class action
lawsuit has also been filed against the company on behalf of more than 5,000
local residents.


To Scroggs’ relief, Kaiser announced in March that it would allocate
$198 million to rebuild the Gramercy refinery. The company expects the plant
to be operational by early 2001. (Insurance is expected to cover 50 to 80
percent of the rebuilding cost.) All of that was good news, says Scroggs,
provided that the lock-out ends, and Kaiser’s USWA workers can go back
to work.


Unlike Kaiser’s manufacturing facilities in Washington state and Ohio,
the Gramercy complex is more like a chemical plant. Three times a week, shipments
of bauxite arrive from the Kaiser Jamaica Bauxite Company, a facility owned
49 percent by Kaiser Aluminum and 51 percent by the Government of Jamaica.
The bauxite is then combined under intense pressure and searing heat with
a caustic potash to form a liquor which later becomes alumina, the material
used to make aluminum. Kaiser, which also owns plants in Ghana and Wales,
is the world’s second largest producer of alumina.


The explosion had put Gramercy’s refinery on the map. While local and
even national media started coming to Gramercy, the blast tore at Scroggs’s
spirit. His wife told him that following the explosion he became withdrawn,
afraid that Kaiser would use the accident as an excuse to leave Gramercy.


The shores of the Mississippi south of Baton Rouge are home to a Fortune 500
collection of corporations: Dow Chemical, Exxon, Mobil, and Dupont, to name
just a few. Kaiser workers, though, are the second lowest paid industrial
employees in the region, says the union. Pressing for better wages is made
more difficult because Louisiana is a right-to-work state.


A 19-year electrician and father of four, Scroggs shows up twice a week for
his 12-hour shift on the steelworker’s picket line outside the Kaiser’s
alumina refinery, an hour’s ride from New Orleans. It’s a big change,
he says, from showing up to work. “Even if I lose my job, even if I never
return to Kaiser, all of this is worth it,” says Scroggs. “It’s
all about corporate greed. All of this is necessary to show that we won’t
be victims of people like Charles Hurwitz.”


Hurwitz is the billionaire corporate raider who bought Kaiser in a hostile
takeover in 1988. The son of an affluent haberdasher from the East Texas outpost
of Kilgore, Hurwitz has been the target of a 15-year campaign by environmentalists
to stop Hurwitz’s Pacific Lumber Co. from clear-cutting old-growth redwoods
in the Headwaters Forest in Northern California. Hurwitz acquired the timber
company in 1985 with the help of the soon-to-be convicted junk bond specialist
Michael Milken of Drexel Burnham Lambert.


Hurwitz is also the target of several lawsuits filed by the Office of Thrift
Supervision and the Federal Deposit Insurance Corporation seeking to recover
up to $810 million for a series of risky investments that led to the failure
of United Savings of Texas. Hurwitz denies he had anything to do with the
S&L’s bankruptcy.


At the picketline, Rudolph Mitchell, a 27-year belt operator, exclaims that
Hurwitz couldn’t be any more different than the man who once owned Kaiser
Aluminum, the legendary industrialist Henry J. Kaiser. “You felt like
coming to work when Henry J. Kaiser owned this company,” says Mitchell.
“We were the highest paid employees on the river. It was teamwork, it
was family. You just got a raise. It was automatic.”


When Kaiser died in 1967 at the age of 85, he passed his company, then known
as Kaiser Tech, to family members who continued to operate it much as he had.
By the mid-1980s, Kaiser was owned by an English investor named Alan Clore.
Burdened by low aluminum prices, Kaiser turned
to the USWA for concessions. The union agreed to wage cuts and other give-backs
with the understanding that when the company’s fortunes turned around,
they would be rewarded.


The new management, though, made a nearly fatal mistake predicting that aluminum
prices would recover when in fact they would fall to historic lows. While
Kaiser’s rivals, Alcoa Inc. and Reynolds Metals Co., laid off workers
and stayed clear of debt, the company did just the opposite.


Following the 1987 stock market crash, Kaiser’s stock was weak and management
was indecisive. Sensing a buying opportunity, Hurwitz seized Kaiser’s
shares, adding another piece to his Houston-based holding company Maxxam Inc.
To pay off his junk bonds, Hurwitz sold off some of Kaiser’s chemical
plants, and began trimming the workforce. Since 1980, Kaiser’s workforce
has fallen from 4,948 employees to 2,920 as of 1998.


Kaiser CEO Raymond J. Milchovich insists that further cuts are needed to make
Kaiser competitive with Pittsburgh-based Alcoa, which is nearing the close
of its $6.3 billion acquisition of Reynolds, further concentrating an industry
in which Alcoa was already the world’s largest aluminum maker.


While the numbers have changed throughout the 20-month labor dispute, Kaiser’s
most recent proposal would eliminate 450 union jobs through what it calls
“changes in work rule flexi- bilities,” or combining job descriptions.
Another 240 union jobs would be removed by “contracting-out” work
to lower-paid non-union employees not eligible to receive company benefits.
Kaiser spokesperson Lamb says the company has to rid its payroll of featherbedding.


The USWA’s John Duray who works in the union’s Pittsburgh office,
calls the featherbedding allegation an excuse to eliminate union jobs with
an established wage scale, health care, and pension benefits.“What the
members are opposed to is making sacrifice for years if not decades, only
to be told that your job is going to someone else,” Duray said. “You
can always have fewer workers, but at some point you are talking about safety
and efficiency. Look what happened in Gramercy.”


When the USWA and Kaiser management sat down for talks in Minneapolis in September
1998, Burnell says the union realized something was unusual when Kaiser presented
five different labor agreements, one for each of its plants, in place of the
usual master contract. (Spokane is home to two Kaiser facilities, the Mead
smelter and the Trentwood rolling mill).


It appeared, Burnell says, that Kaiser and Hurwitz wanted to significantly
weaken the union. “Demanding separate agreements is illegal if the union
doesn’t want to do it,” Burnell says. “But they wouldn’t
budge.”


On the issue of wages, Kaiser remained unwilling to raise salaries comparable
to those paid by Alcoa and Reynolds, the industry leaders. More importantly
for those in Gramercy, Kaiser refused to match salaries paid to skilled industrial
workers at other Mississippi River factories.


With the two sides deadlocked and the master contract due to expire on September
30, USWA president George Becker and David Foster, the lead negotiator on
the Kaiser strike and the head of the union’s District 11 in Minneapolis,
flew to Washington D.C. to meet directly with outgoing Kaiser CEO George Haymaker,
and his eventual replacement, Milchovich. Once again, no agreement could be
found.


Seeing no alternative, the USWA went out on strike the next day. Quietly,
the union was hoping for a repeat of a 1995 action when Kaiser workers at
all five domestic plants and workers at Kaiser’s Jamaican facility struck
for five days before the company agreed to a new three-year contract. Maxxam
says the strike cost them $17 million.


But this time, Kaiser was prepared for a more prolonged face-off. During the
fall of 1998, the two sides finally met face-to-face in San Francisco on December
17. It was at that meeting that Milchovich unveiled a 2,000-page proposal
that grouped workers according to “skill-sets,” awarding higher
wages to better skilled workers. Wage rates, though, were not specified for
about one-third of the workers. “That proposal was a giant leap backward.
A dreadful proposal,” Burnell says.


Curiously, Kaiser’s chief negotiator, David Pryzbylski, who had been
hired as a consultant, resigned, later telling union officials that he didn’t
see the groundwork for a viable compromise. Pryzby- lski, who now works for
Beta Steel in Portage, Indiana declined to comment on the negotiations.


To replace Pryzbylski, Kaiser brought in Jeremy Sherman, a corporate specialist
with the Chicago law firm of Seyfarth, Shaw, Fairweather & Geraldson,
whose co-founder Lee C. Shaw, helped draft the anti-union Taft-Hartley Act
of 1947. Sherman told the USWA’s chief negotiator Foster that the union
should expect punitive actions if it did not settle. The union took the comments
as a threat to hire permanent replacements. At a January 13, 1999 meeting
in Chicago, the union acquiesced, offering to end the strike and resume work
on the previous contract provided that the company would continue talking.


Kaiser refused. Instead, it presented the giant proposal as a “take-it
or leave” offer. Without an agreement, the company began its lock-out
on January 14. Following the lock-out, Kaiser management accused the union
of intransigence in the face of an increasingly competitive global aluminum
market. Burnell countered that Kaiser was bargaining in bad faith.


Nearly 15 months later, the union’s case was backed up when the General
Counsel of the National Labor Relations Board ruled on April 26 that Kaiser
had failed to openly negotiate family and medical leave policies, pension
plans, job-assignments, and salaries.


The company’s contract proposal, wrote Leonard R. Page, the NLRB’s
General Counsel, “lacked sufficient specificity to make it capable of
acceptance by the Union.” The case has since been referred to an NLRB
administrative judge. If Kaiser loses, the union would be eligible to receive
full back pay and benefits worth about $270 million.


Kaiser, meanwhile, is losing money. Revenues in 1999 fell 9 percent to $2.04
billion, while losses totaled $54.1 million. In the past year, the company’s
stock price has fallen 58 percent, closing the month of April at $4.25 a share.
Kaiser spokesperson Scott Lamb dismissed the NLRB ruling. “Until the
full process is completed, no one should prejudge the company on those charges,”
Lamb said. “There is nothing in there about guilt; nothing improper was
done.”


In Washington, DC, Burnell greeted the NLRB’s decision with controlled
elation. Although the board’s decision validated the USWA’s complaints,
Burnell stressed that the case could be bogged down in the board’s bureaucracy
for a very long time. Another round of talks is scheduled in May at which
time the union plans to push a 5-year proposal that it says would boost productivity
and save the company $10 million in annual labor costs.


Back in Gramercy, Scroggs remained cautious. “With Hurwitz, he wants
more money because the economy is global, and he thinks he needs more money
from us to compete,” Scroggs says. “Well, we’re down here in
the U.S. economy just trying to stay alive. All I’m lookin’ for
is to be just below the middle-class. That’s all I’m lookin’
for.”

Opening Salvos Fired in Martha Stewart Trial

Martha Stewart conspired two years ago with her stockbroker to unload nearly $250,000 in stock before its price tanked, and then lied about it, a federal prosecutor said Tuesday in presenting the government’s case against the lifestyle queen.

But Stewart’s attorney, Robert Morvillo, portrayed his client as a conscientious, hardworking chief executive engrossed in many financial decisions related both to her business and herself. Stewart, Morvillo told a packed federal courtroom in Lower Manhattan, had neither the time nor the interest in conspiring with Merrill Lynch & Co. stockbroker Peter Bacanovic, a co-defendant in the case.

Rather, he said, government prosecutors struck a deal with Bacanovic’s assistant, Doug Faneuil, already convicted for lying to federal officials, to make an example of Stewart, 62.

A jury of eight women and four men listened to three hours of opening statements that presented markedly different portrayals of Stewart’s sale of nearly 4,000 shares in the biotechnology company ImClone Systems on Dec. 27, 2001.

Morvillo used passion, humor and a booming voice to punctuate his argument that Stewart should be declared innocent of the government’s charges of perjury, securities fraud and obstruction of justice. If convicted of all charges, Stewart faces a prison term of up to 30 years.

“That she was trying to commit insider trading, that that was her motive, is just not true,” Morvillo said. “In this trial, there will be no direct evidence from the government that Martha Stewart attempted to obstruct anything.”

At issue are the events of Dec. 27, 2001, when Stewart spoke to Faneuil while waiting at a San Antonio airport.

According to U.S. attorney Karen Patton Seymour, Stewart, who was on her way to a vacation in Mexico, received a “secret tip” from Faneuil that her friend Sam Waksal, the founder of ImClone, was selling tens of thousands of his company’s shares. Speaking by cell phone, Faneuil allegedly said Waksal had just learned the Food and Drug Administration was about to issue a negative report on the company’s only drug, a cancer treatment called Erbitux.

Eager to reap some gains in a year marked mostly by stock market losses, Stewart told Faneuil to sell her ImClone shares, Seymour said. The nearly $250,000 sale saved Stewart $45,673. Bacanovic, his lawyer said, made $450 on the sale.

In the ensuing months, Seymour argued, Stewart and Bacanovic created an alibi that they had agreed to consider selling ImClone once it fell below $60 a share.

Rather than admit she had received a tip from Faneuil, Stewart chose to conspire with Bacanovic, who in turn pressured Faneuil to support the story of a pre-existing agreement to sell her ImClone stock, she said.

Yet Morvillo said that on that December afternoon, Stewart was in the midst of handling numerous projects. Morvillo also said Stewart was far more concerned with the impending sale of stock in her own company, Martha Stewart Living Omnimedia, a sale that would eventually net her $45 million.

A sudden spike in ImClone’s trading volume, however, caused in large part by Waksal’s attempt to unload his shares, prompted Stewart to tell Faneuil to sell her ImClone stock, Morvillo said.

Making it clear where the defense plans to attack the government’s case, Bacanovic’s lawyer Richard Strassberg charged that Fanueil, who has already admitted to lying to federal investigators, fabricated the story about being pressured by Bacanovic in a deal with federal prosecutors.

U.S. Terrorism Crackdown Snags Visiting Journalists

Confused by tougher enforcement procedures, an increasing number of foreign journalists traveling from Europe and Australia have been detained and refused entry at U.S. airports in recent months, provoking concern and consternation here and abroad.

Though the numbers have been small — about 30 — international journalist groups say the incidents raise questions about whether the Bush administration’s war on terrorism could be used to limit foreign media access to the world’s superpower and, in retaliation, the U.S. media’s access to foreign countries.

“It would be absolutely of no surprise if countries began to apply a reciprocal approach to the U.S. on their treatment of journalists,” said Chris Warren, president of the International Federation of Journalists. “That would be terribly unfortunate, because people still look to the United States for examples of democratic practice.”

When Rachael Bletchly flew from London’s Heathrow Airport to Los Angeles International Airport in mid-October, the associate editor of Britain’s People magazine assumed she would pass through customs as she did in previous trips to interview Hollywood celebrities.

But once in customs, Bletchly was taken to an inspection office and told she was being detained because she did not have an I-visa.

Handcuffed and searched

Over the next 27 hours, the reporter was fingerprinted twice, photographed, handcuffed, given a body search, prevented from making telephone calls and bused to a separate detention hall to stay overnight before being sent back to London. She did not get to do her interview with the girlfriend of Frank Bruno, the former heavyweight boxing champ from Britain.

“I have no quibble with getting a certain visa, but they should be able to distinguish between me and a terrorist. There was just no reason to detain me overnight and treat me as badly as they did,” Bletchly said.

Back in London, Bletchly is now well aware that U.S. Customs and Border Inspection officials are requiring all foreign journalists to have an I-visa. In interviews with journalists from Denmark, Austria, Australia and England, it apparently was customary in past years for foreign media visiting the U.S. for less than 90 days to enter with only a passport. Citizens from one of 27 countries, mostly in Europe and East Asia, qualify to travel under a 1986 Visa Waiver program, part of the Immigration and Nationality Act.

The I-visa applies to anyone entering the U.S. for “the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film or other foreign information media coming to engage in such vocation.”

But since March 1, when the Customs Department was folded into the Department of Homeland Security, customs officials have taken a harder line, said journalist and immigration groups.

“It’s fair to say that since INS was absorbed into Homeland Security, we’ve definitely seen a stricter policy on detentions,” said Archie Pyati, an asylum attorney with the Lawyers Committee for Human Rights.

Media groups in the U.S. and abroad have long protested their exclusion from the Visa Waiver program.

“That journalist is the only profession excluded is curious and runs counter to the best of U.S. values of democracy,” said Johann Fritz, director of the International Press Institute.

Tighter enforcement

Jim Michie, public affairs officer for U.S. Customs and Border Protection, said no new orders were issued for stricter enforcement of the I-visa requirement. Rather, customs monitoring has been tightened across the board since the 2001 terrorist attacks, he said.

“The numbers of people sent back are in the minority,” Michie said. “Most foreign journalists know they need an I-visa.”

Peter Krobath, editor of the Austrian movie magazine Skip, held a five-year I-visa during the mid-1990s. When it expired, he traveled to the U.S. using just his Austrian passport.

But in early December, when Krobath arrived at Los Angeles’ airport to interview actor Ben Affleck and film director John Woo about their involvement in the movie “Paycheck,” he was detained, handcuffed and taken to a downtown holding facility. There, he spent the night in a room with about 45 other men sleeping on steel cots.

Sue Smethurst, 30, an associate editor of the Australian women’s magazine New Idea, had traveled to the U.S. “two or three times a year for the last eight years” on her passport. But in mid-November on her way to interview Olivia Newton-John for a story about breast cancer, she was taken by three armed security guards to an overnight detention room before being sent back to Melbourne.

“If I hadn’t said I was a journalist, I would have passed right through,” Smethurst said.

U.S. officials said the detentions could easily have been avoided had the foreign journalists simply obtained the necessary immigration documents.

But the evolution from what was once a gray area marked by discretion to bold demarcations of black and white has unified journalism organizations around a campaign to allow reporters from any of the 27 “friendly countries” to enter the country without an I-Visa.

After Krobath’s Dec. 2 detention, the press institute wrote letters of protest to Homeland Security Secretary Tom Ridge and Secretary of State Colin Powell asking that discretion be used for a visiting journalist found to lack an I-Visa. The American Society of Newspaper Editors and the Inter-American Press Association have taken up similar efforts.

In the meantime, journalist groups remain concerned that other countries could use the recent detentions as cover for imposing similar restrictions within their borders.

Mexico Reveals Identity of Zapatista’s Subcomandante Marcos

SAN CRISTOBAL DE LAS CASAS, MEXICO — A popular joke making its rounds in Mexico says that President Ernesto Zedillo Ponce de Leon was unsatisfied with just devaluing the peso, so he decided also to ”devalue” the Zapatista guerrilla leader, Subcomandante Marcos.

Watching his popularity plummet since the peso’s 40 percent devaluation in December, President Zedillo is hoping that his Feb. 9 announcement revealing the face and identity of the charismatic rebel leader will demystify Marcos and give his own public standing a much-needed boost.

But Zedillo’s ruling Institutional Revolutionary Party appeared to take a hit yesterday after exit polls showed the PRI lost Sunday’s race for governor in the important state of Jalisco, home to Mexico’s second-largest city, Guadalajara.

The apparent winner, the center-right National Action Party (PAN), gave Zedillo his first electoral loss since he took office Dec. 1. If PAN wins officially, it would be only the fourth governorship the PRI has lost in 65 years of unbroken national rule.

Many PRI sympathizers blame Zedillo’s bungled peso devaluation and his promises of greater democracy for their woes. But others say PAN’s victory gives Zedillo an important conservative ally in his efforts to stop the unrest in the southern states of Chiapas and Tabasco.

Mexicans, meanwhile, are trying to come to terms with the magnetic man the government says is behind the black guerrilla ski mask: Rafael Sebastian Guillen Vicente, a former communications professor and son of a furniture magnate from the Gulf port city of Tampico.

Marcos led the armed peasant rebellion of the Zapatista National Liberation Army in a struggle for equality in the state of Chiapas in January 1994. The rebels surprised the Mexican leadership by taking several Chiapan towns.

So far, wiping away the myth and fascination of the disguised modern-day revolutionary hasn’t been easy.

”Many see the Zapatistas as a threat to social peace and economic stability, so they applaud Zedillo,” says Fernando Estrada, a PAN senator. ”But just because we finally see what this man looks like does not mean the justice of his cause is wiped away.”

Like Marcos himself, who has used theater and good writing to draw millions of Mexicans to the Zapatista’s cause, aides to the attorney general unveiled a picture of the rebel leader on national television wearing his trademark black ski mask, and then proceeded to theatrically remove a transparency that revealed the moustached face of Mr. Guillen.

”Now that the mask is off, the magic surrounding this man has been removed,” says Juan Roman Rodriguez, an economist with the Chiapas State government.

But even as a detailed profile of Guillen — with a master’s degree in philosophy and guerrilla training in Nicaragua — was relayed to the news media, many Mexicans remained unconvinced that Guillen is really Marcos.

”I don’t believe that’s him,” says Humberto Lopez, owner of a construction company in Comitan, Chiapas, an agricultural center that borders Zapatista territory. ”This seems to be a strategy to trick the people and take away the public’s support.”

A poll conducted by the newspaper Reforma showed that 43 percent to 50 percent did not believe that the photograph presented by the government was the Zapatista leader.

But regardless of who the man is behind the mask, Zedillo charged Marcos, and others allegedly part of the Zapatista leadership, with preparing to launch new attacks in Chiapas and elsewhere in the country. Citing the discovery of two caches of weapons in the homes of Zapatista supporters, Zedillo called for Marcos’s arrest, all but declaring war on the peasant army.

Zapatistas run

Since that announcement, the Mexican military has entered many Zapatista strongholds in the Lacandon jungle in Chiapas. Rather than risk a direct confrontation with the much better-armed military, the Zapatistas completely abandoned the Lacandon jungle town of Guadalupe Tepeyac, and the adjacent camps the rebels have used as their base for more than a year, shortly before Zedillo’s speech.

Although the number of armed confrontations remains unclear, at least two soldiers, including a colonel, have been killed. No reports of Zapatista deaths or casualties have been reported.

Nonetheless, the man known as Marcos remains at large.

For Zedillo, the political risks of going after Marcos are high. If the elusive rebel leader cannot be found, or large numbers of Zapatistas are unwilling to lay down their arms, Zedillo risks creating a blood bath or suffering the frustration of being unable to locate the Zapatista leader.

”It’s a big mistake not to continue efforts to negotiate an end to the conflict,” says Luis Javier Garrido, a political scientist at the National Autonomous University of Mexico. ”The risks of war have become very serious and ultimately will not help the lives of the poor in Chiapas,” he says.

Just why Zedillo decided to forsake a negotiated settlement in favor of ending the 13-month conflict by force has been intensely debated over the past week by the Mexican people, a country often given to political conspiracy theories.

Some here argue that Zedillo had exhausted attempts at a peaceful settlement, and that information that the rebels were planning other attacks in Chiapas and elsewhere led the president to make a firm decision.

Political move?

Others see the move as analogous to former President Carlos Salinas de Gortari’s 1989 decision to arrest oil- union baron Joaquin Hernandez Galicia, to demonstrate he could be a strong president. Perceived as a weak leader since taking office Dec. 1, Zedillo has been under fierce pressure to make a big political splash.

And yet another theory says that Marcos’s arrest was a condition placed by the US government in exchange for the $50 billion international- aid package organized last month by President Clinton.

But is this really the man who enchanted and sometimes infuriated the public with witty letters about life as a guerrilla?

”Marcos has been viewed with great sympathy by many Mexicans,” says Cesar Morones, director of the Center for Opinion Studies at the University of Guadalajara. ”The thing people don’t like is the arms struggle, and that is what Zedillo is betting on.”

Midwest Farmers Lament the Demise of Farm Radio

Jim Ufkin misses his familiar lunch companions.

The corn and soybean farmer from Hooppole, Ill., about 130 miles west of Chicago, spends most of his day driving his tractor or working in his barn. Lunch was not only a time to rest and eat, but also to catch up on business by listening to Orion Samuelson and Max Armstrong on the “The Noon Show,” a half-hour farm news show.

For nearly a half century, “The Noon Show” boomed across the Midwest from Chicago’s WGN-AM 720. But earlier this month, in a business decision that says as much about changes in the Midwest and agriculture as it does about broadcasting, WGN canceled the show, citing declining ratings and advertising revenue.

Throughout the Midwest, radio farm shows are disappearing, as consolidation ripples through agriculture, reducing the number of listeners and companies willing to pay to reach a rural audience.

In the past year, radio stations in Iowa, Nebraska, Minnesota and North Dakota–owned by Clear Channel Communications Inc. and Infinity Broadcasting Corp., the nation’s largest radio operators–have eliminated or scaled back locally produced farm programming. Often farm broadcasting has been replaced by syndicated programming, such as Rush Limbaugh’s talk show.

Citing a drop in agriculture advertising, stations in Cedar Rapids, Ft. Dodge and Burlington, Iowa, in August replaced locally produced programs with a simulcast noon show from their larger sister station, WHO-AM in Des Moines. But even at WHO, General Manager Joel McCrea said agricultural advertising has fallen to 6 percent of the station’s revenues from 21 percent in 1999.

Largely to blame for the decline is a wave of mergers among agricultural equipment, seed and chemical companies that remade the industry in the late 1990s. Meanwhile, the decades-long turn from family to corporate farming has shrunk the rural target audience.

Since 1999, membership in the National Association of Farm Broadcasters has dropped to about 150 from about 230. But the loss may be most obvious at Chicago’s WGN, where Samuelson held forth for 43 years and became a farm-broadcasting legend. His partner for the last 26 years has been Armstrong. The pair plan to continue their alliance in syndicated media projects.

They were like family for many farmers, such as Ufkin, who considered “The Noon Show” a bridge between farmers and the consumers of their products in the city.

An uproar in rural areas

“Orion and Max were there to keep the urban people straight, to tell them what it takes to grow food,” Ufkin said. “I tell you, this has created a real uproar in rural areas.”

Though farmers have plenty of Internet options for information these days, Ufkin said the radio remained the most convenient and often the fastest way for him to get news about government trade policies or the mood of Chicago futures traders.

But perhaps more important, farmers learned what the numbers meant, said John Hawkins, news service director for the Illinois Farm Bureau.

“What you get from a farm broadcaster is the analysis,” he said. “You can get the raw data from anywhere.”

Samuelson, 70, doesn’t want to sound bitter. He said he has had a wonderful run at WGN, a station owned by Tribune Co., which also owns the Chicago Tribune.

“I understand that there’s a lot of pressure from owners to go where the money is,” he said. “But it makes you wonder about serving the local market and diversity in what you hear.”

Ever since he joined WGN in 1960, Samuelson, the son of a Wisconsin dairy farmer, has heard about the trend of fewer farmers and the waning need for farm broadcasting. Each time a new station manager was hired, he said, plans were floated to overhaul the lunch hour.

“The first thing each of them wanted to do was get that noon farm show off the air,” he said. “But because we always had the ad revenues, it was enough to overcome the argument that the station was losing city listeners during the noon hour.”

Show was a survivor

But in recent years, WGN said it was losing those listeners and, more important, ad revenue. “The Noon Show” had outlived all other farm shows on Chicago radio stations by more than a decade.

“We have a real need to compete with programming that appeals to a wider audience in the Chicago metro area,” WGN General Manager Mark Krieschen said. In place of “The Noon Show,” Steve Cochran’s talk show is being extended.

Most of the complaints that the station received about removing “The Noon Show” came from outside of the 11-county area that covers WGN’s Arbitron ratings, Krieschen said.

“Frankly, there aren’t many farms in that 11-county area,” he said.

Samuelson and Armstrong will continue to deliver one- to two-minute reports on WGN throughout the day, starting at 5:05 a.m. And “The Noon Show” will continue to air on Saturdays. But for many listeners, it won’t be the same.

Faced with the prospect of even less farm talk on radio, Ken Root, president of the National Association of Farm Broadcasters, spends as much time pressing radio stations to retain agricultural programming as he does researching new broadcast opportunities in satellite radio and hand-held devices.

A government broadcasting license, Root notes, requires certain programming that meets local needs and interests.

“My concern is that even in places where there is no metro audience, radio conglomerates treat those markets the same as they do the big cities,” he said.

But WHO’s McCrea argues that if there were money to be made in locally produced farm broadcasting, other radio stations would pick up the slack.

Samuelson said he’s answered about 560 e-mails from people upset that the show was taken off the air. He says about 40 percent were from city listeners.

“There’s a growing interest on the part of the non-farm consumer to know more about our food supply and how food is grown,” he said. “Farmers looked to us to be their voice in the city and the suburbs, and I think people in Chicago are going to miss that regular contact with farmers.”

Grassroots Radio Activists Take on the FCC, Big Media

The Prometheus Radio Project takes Big Media to court.

Working out of three dimly-lit rooms in the basement of a stone church in Philadelphia, a handful of young people in jeans are threatening to overturn a Federal Communications Commission decision backed by many of the country’s largest media companies.

It’s unlikely that executives at Fox, CBS and NBC or the country’s most prominent radio and newspaper chains had ever heard of the Prometheus Radio Project, a group of community radio advocates, until early September. That’s when a lawyer from the Media Access Project, a public interest law firm in Washington, D.C., successfully persuaded a federal appeals court in Philadelphia to issue a stay of new FCC rules that make it easier for media companies to buy other media outlets.

Having long since ended their days of operating a “pirate” radio station, the low-paid staffers of the Prometheus Radio Project now find themselves in the improbable position of being the lead petitioner in a lawsuit that could force FCC Chairman Michael Powell to abandon the new rules.

Because the Media Access Project cited Prometheus Radio in its petition to the Philadelphia court, the radio activists headline a potentially landmark case.

“Everyone is watching the court case, because in one motion, everything that the FCC approved could be completely wiped out,” said Blair Levin, a media analyst for Legg Mason Inc. and a former FCC chief of staff. Hundreds of briefs in the case are expected to be filed by the Oct. 21 deadline. Final briefs must be submitted by Dec. 16, with oral arguments tentatively scheduled for early January.

As was expected in June when the FCC issued the rule changes, some argued that the commission went too far while others said it hadn’t gone far enough. Since the rules cover so many areas of media ownership, some companies fall on both sides of the argument, depending on a particular point. Others plan to say the FCC got it just right.

While television networks applauded the FCC’s decision to increase to 45 percent from 35 percent the number of homes that can be reached by any one broadcaster, they are likely to ask the court to remove the restrictions altogether.

The same goes for much of the newspaper industry. Prior to the June vote, the FCC, except in a few cases, banned newspapers from buying television or radio stations in their markets. Under the new rules, that ban could be lifted for newspapers operating in markets with nine or more local television stations.

In its court filing, the Newspaper Association of America plans to argue that any cross-ownership restrictions are unconstitutional. (Tribune Co., owner of the Chicago Tribune, favors the removal of cross-ownership barriers. Tribune’s ownership of WGN-Ch. 9, WGN-AM 720 and the Chicago Tribune predated any such restrictions.)

Shortly after the new rules were published in early July, groups of local television affiliates, the national networks, minority broadcasters and public interest lawyers each filed lawsuits in four separate federal appeals courts, including the District of Columbia, challenging various aspects of the rules.

To streamline the process, the four lawsuits were combined, and through a lottery, the U.S. Court of Appeals for the 3rd Circuit in Philadelphia was selected to hear the case.

“Yeah, it’s exciting,” said Prometheus’ Pete Tridish, who still uses the pseudonym taken when he helped set up a small but illegal radio station six years ago in a West Philadelphia apartment. “We’ve always tried to draw attention to the dangers to a democracy of having a single company own the largest media outlets in a single market.”

San Antonio-based Clear Channel Communications Inc., which owns more than 1,200 radio stations or about 9 percent of all U.S. radio outlets, is one large media company that has made no excuses for its many acquisitions. Andy Levin, a Clear Channel lobbyist based in Washington, D.C., charges that Media Access Project and Prometheus overstate radio concentration. The new FCC rules, he says, would actually make it harder for radio station owners to acquire new stations in the same market.

“We think the court ruling is ironic, because radio is the least concentrated of all media,” Levin said.

While Congress has expressed its disapproval of parts of the FCC’s new rules, it remains unclear whether both the House and Senate will vote on or even debate the entire package.

For that reason, the last, best hope for opponents of the FCC’s new rules may be to persuade a panel of three judges at the 3rd Circuit to reverse or even throw out the new rules. Conversely, the panel could affirm part or all of the FCC’s rule changes, or send them back to the FCC for more work.

“I don’t think any court has substantially dealt with all of these issues before,” said Andy Schwartzman of the Media Access Project, who argued the case before the Philadelphia court.

Tridish’s leap into the battle for the airwaves came in 1997 when he joined with a group of friends and local activists to purchase a 20-watt radio transmitter. Calling themselves Radio Mutiny, the station’s ever-changing and expanding list of on-air programmers wanted to have some fun but also wanted to point out that it had been more than 20 years since the FCC had issued a license to operate a radio station of less than 100 watts.

During its year-and-half of operation, the station amassed a loyal listenership among the varied neighborhoods surrounding the University of Pennsylvania. But being a “pirate” station, it also attracted the enforcement arm of the FCC. One evening in the summer of 1998, Radio Mutiny was shut down.

“The FCC guys came to our place with a cop and a warrant and took away our transmitter,” recalled Tridish, 33, who grew up as Dylan Wrynn and graduated from Antioch College in Ohio. His pseudonym was inspired by the petri dish. “But they had a sense of humor about it–they announced to everyone listening that this was the end of Radio Mutiny.”

While some at the pirate station wanted to rebuild, Tridish and a few others took the suggestion of lawyers from the Media Access Project that they become advocates for low-power community radio. Rather than continue to endure the stressful demands of running from the law, Tridish helped form Prometheus, adopting the name of the Greek god who empowered the human race through a number of gifts, including fire.

“There was a realization that community radio shouldn’t just be for the reckless,” he said. “Plus, we were done with hiding.”

Soon after forming, Prometheus obtained a $20,000 grant from the New York-based List Foundation, and with help from Media Access Project, received $50,000 earlier this year from the Ford Foundation. It’s enough, Tridish said, to pay himself and two others $250 a week, purchase office supplies and rent space from Calvary United Methodist Church.

Prometheus’ early efforts helped persuade the FCC under former President Bill Clinton to loosen the allocation of radio licenses for stations under 100 watts. However, because large urban-based radio stations still take up most room on the dial, only low-power stations in rural areas have been able to receive new licenses.

As a result, Tridish and a collective of engineers and carpenters regularly hold radio “barn-raisings,” three- or four-day gatherings in which they build an entire under-100-watt station. They recently returned from a trip to Opelousas, La.

Over the spring, when it became clear that FCC Chairman Powell and the two other Republicans on the commission’s five-member board would remove many restrictions on media ownership, Schwartzman of Media Access Project began talking with Tridish about formally petitioning the federal court. “We thought it would be great to have the case here in Philadelphia and out of Washington, D.C.” Tridish said. “Far too much federal policy is made in D.C.”

When he appeared before the Philadelphia court last month, Schwartzman pressed Prometheus’ basic message, arguing that the FCC’s new ownership rules would impede “diversely owned and operated broadcasting stations.”

The court’s stay shocked the FCC and the many media corporations that had lobbied since the mid-1970s to remove ownership restrictions. Until the 3rd Circuit makes its ruling, any plans that media companies might have had to acquire new media outlets must remain on hold. Not surprisingly, observers say the court has adopted an unusually accelerated timetable for this case.

Sitting on a beat-up couch at Prometheus’ headquarters, Tridish emphasized that television, radio, newspapers and the Internet must be looked at as a whole. “Ownership matters,” he said. “If you don’t have varied owners, everything ends up sounding the same.”

FCC ownership rules

– National TV concentration: Raised to 45 percent from 35 percent the limit on total U.S. TV households that a single owner of TV stations may reach.

– Cross-ownership: Changed restrictions preventing a company from owning both a newspaper and TV station in one market and limited cross-ownership of radio and TV stations. In markets with nine or more TV stations, restrictions were lifted. Markets with four to eight TV stations still have some restrictions, and cross-ownership is banned in markets with three or fewer TV stations.

– Local radio concentration: Changed how local radio markets are defined to correct a loophole that has allowed companies to exceed ownership limits in some areas.

– Local TV multiple ownership: Changed a rule to allow a company to own two TV stations in a market if the market has five or more stations or, in a market with 18 or more TV stations, to own three. In both cases only one of the stations may be in the top four in ratings.

– Dual TV network ban: Retained a rule prohibiting a company from owning more than one of the four main TV networks.

Community Groups Anxious Over Bank One Sale to J.P. Morgan

Worries about predatory lending, branch closings and the marginalization of low-income neighborhoods topped the list of concerns voiced Thursday at the first of two hearings designed to give the public a chance to comment on J.P. Morgan Chase & Co.’s plans to buy Bank One Corp. of Chicago in a deal valued at about $58 billion.

The second hearing is scheduled for April 23 at the Federal Reserve Bank of Chicago.

In a daylong hearing held at the Federal Reserve Bank of New York in lower Manhattan, community and legal services groups conceded they had little chance to block the deal, which would create the country’s second-largest bank.

Nonetheless, Sarah Ludwig of the Manhattan-based Neighborhood Economic Development Advocacy Project said activists hoped to pressure the Fed to extract pledges from the two banks as part of their final merger agreement.

“The Federal Reserve should not approve the merger without imposing a series of specific and monitorable conditions on Chase to ensure that the merger bank meets the convenience and needs of all communities,” Ludwig said.

Announced in January, the deal would create a financial institution with $1.1 trillion in assets, surpassed nationally only by Citigroup Inc.

Eager to assuage the deal’s critics, William Harrison, J.P. Morgan Chase’s chairman and chief executive, used the hearing to announce the combined bank’s pledge to invest $675 billion over the next 10 years to finance mortgages for homeowners in minority and lower-income communities.

Last year, J.P. Morgan Chase committed to invest $500 billion for low-income mortgage lending over the same period.

As part of the pledge, the combined bank would invest another $125 billion in small-business loans, affordable housing and commercial development in low-income and moderate-income communities.

“Making banking services widely available and continuing to help develop affordable housing and revitalizing neighborhoods are integral to our business goals and corporate values,” he said.

Many of those critical of the merger acknowledged that Chase had a long record of lending to homeowners and small businesses in low-income neighborhoods of New York City.

Yet Rev. Jesse Jackson, whose Rainbow/PUSH Coalition has yet to take a position on the merger, said he was concerned that the Federal Reserve and Congress had failed to enforce the Community Reinvestment Act of 1977. The act requires banks to serve low- and moderate-income neighborhoods.

Jackson said it is common for banks such as J.P. Morgan Chase to purchase mortgages arranged by so-called predatory lenders, directly aiding those institutions that take advantage of prospective homeowners whose credit is judged to be too risky for mainstream banks.

“It is not right to lend money for affordable housing on one hand, and then finance the egregious pawn shops and predatory lenders on the other,” Jackson said. “That whole process must be cleaned up.”

Matthew Lee, executive director of Inner City Press, a community group based in the south Bronx, said a review of recent government filings showed that J.P. Morgan Chase consistently made loans to a “shadow world of fringe finance and predatory lending” businesses.

Among them, Lee said, were pawnshops and gun dealers in at least 11 states.

Payday lenders typically charge borrowers allegedly exorbitant interest rates, requiring only that an applicant has a job and agrees to write a post-dated check to the lender.

Bank One spokesman Thomas Kelly countered that J.P. Morgan Chase operated more branches in the Bronx than any New York City bank.

“J.P. Morgan has ethical standards for doing business, and we try our very best to ensure that our borrowers comply with all local and national laws,” he said.

Meatpackers charged with smuggling immigrants to work in Midwest plants

Two of America’s largest meatpackers have been charged with smuggling undocumented workers into the U.S., and unions and immigrant advocates say the cases reflect a concerted effort by U.S. companies to lure workers from Mexico and Central America to low-wage jobs in the United States.

In April, a federal judge dismissed charges that Nebraska Beef company officials had set up recruiting and transportation networks that moved undocumented workers, mostly Mexicans and Central Americans, north of the border and furnished them with false documentation.

While the Justice Department pursues an appeal in the Nebraska Beef case, it has launched a similar case against Tyson Foods, the country’s largest poultry producer and owner of IBP, the historically anti-union meatpacking giant. That trial is expected to begin next February.

Unions and immigration activists say both cases are evidence that meat and poultry producers habitually recruit undocumented workers to fill the industry’s dirty, dangerous and low-paying jobs. These critics say Tyson and Nebraska Beef were, not aberrations, but natural products of an immigration system that makes it illegal to hire undocumented workers, and a labor system that uses those same workers to depress wages. “This is how labor shortfalls are met and continue to be met in the meatpacking industry,” says Milo Mumgaard, executive director of the Nebraska Appleseed Center for Law in the Public Interest.

The Nebraska Beef and Tyson smuggling cases could offer an alternative to the conventional portrait of undocumented immigrants evading border patrols to take jobs away from American citizens. A more accurate picture, says Greg Denier of the United Food and Commercial Workers (UFCW), would highlight the ways U.S. companies encourage and often pay hiring agents and transportation companies on the border to publicize—through radio advertisements, leaflets and local newspapers—the availability of U.S. jobs.

Once potential laborers come forward, smuggling rings tap into the racket for fake birth certificates and Social Security cards, furnishing workers with the documentation they need to land a slaughterhouse job. “This is not a situation of workers sitting on the other side of the border looking to come and take American jobs,” Denier says. “These workers are lured here with false promises and high hopes.”

Because of their history as migrant farmworkers, advocates say, Mexicans and Central Americans have been targeted to fill jobs that suffer from high turnover rates. “Very few human beings want to pull chicken guts or hack cow carcasses for minimum wage,” says Leone Jose Bicchieri, an organizer for the Chicago-based National Interfaith Committee for Worker Justice.

But the Nebraska Beef case didn’t end up helping workers . The case stemmed from a December 2000 INS raid on the company’s Omaha factory, in which the agency arrested more than 200 immigrants and then deported them, mostly to Mexico. In a strange twist for union and immigration activists, a federal judge threw out the case on grounds the deportation made it impossible for the company to call workers who might have testified that Nebraska Beef officials did not recruit them or provide them with false documents.

But while the mass arrest initially troubled area workers, it also helped galvanize a coalition of 53 local organizations, called Omaha Together One Community, into organizing at Nebraska’s giant meatpacking plants. Says Lourdes Gouveia, director of Chicano/Latino Studies at the University of Nebraska at Omaha, “It took a community-based group to inject new life into local organizing and to dispel the stereotype, even within the union itself, that immigrant workers were unorganizable.”

In early May, the UFCW won its largest area victory to date, signing up workers at the Northern States Beef plant in Omaha, owned by ConAgra. Next up is forcing Nebraska Beef to hold a similar election. Earlier this year, the National Labor Relations Board upheld UFCW’s charge that it lost an election at Nebraska Beef in August 2001 because the company trucked in workers from other plants, telling them to vote against the union or risk being fired.

As Tyson undergoes investigation, advocates say meatpackers have become more careful about their hiring practices. Still, Gouveia says all of the slaughterhouses have strategies in place to assess their needs. “They have a certain profile in mind,” she says, “and they go after it.”

Not surprisingly, labor shortages routinely occur after immigrants begin to shun these jobs, fed up with the nasty and painful work. “What’s been missing in all of this is a discussion of what has led to the creation of an economy that has such a need for an undocumented work force,” says Joe Berra, a staff attorney for the Mexican-American Legal Defense and Education Fund. “What really needs to be addressed is our immigration policy on one hand, and workers rights on the other.”

Verizon workers strike over right to organize company’s new wireless employees

The extraordinary thing about the August telephone workers strike against
Verizon Communications was that 87,000 operators and line technicians refused
to work for 18 days not over the pocketbook issues of wages and benefits,
but over the opportunity to greatly increase the chances of organizing
the company’s non-union wireless workers.

This strike was about the future composition of the union following the
$65 billion merger between Bell Atlantic Corporation and GTE Corporation
that gave birth this summer to Verizon Communications. The Communications
Workers of America (CWA) and the smaller International Brotherhood of Electrical
Workers saw the merger as a critical make or break point in the life of
organized labor in the telecom industry.

Although union jobs comprise about 53 percent of Verizon’s total workforce
of 250,000, most of these positions lie in the company’s traditional fixed-line
telephone business. The new jobs, the jobs tied to wireless and broadband
communications, are found in Verizon Wireless. But of these positions,
about 30,000 and growing, only 50 are unionized. CWA leadership saw this
strike as a chance to target Verizon’s expanding wireless operations. Conversely,
company management hoped to curtail union attempts to bring Verizon Wireless
employees into the fold. For the past few years, Verizon has watched as
AT&T has clamped down on union efforts to organize more of its employees,
currently about 25 percent of the company’s total workforce. The CWA charges
that AT&T regularly violates a 1998 neutrality agreement that calls for
the company to remain impartial while the two unions attempt to organize
AT&T’s non-union employees, once again a group that includes AT&T’s flourishing
wireless division.

The new Verizon is the largest local telephone company in the country with
annual revenues expected to top $65 billion for 2000. Verizon’s cellular
telephone subsidiary, Verizon Wireless, is the largest cellular provider.
(AT&T remains the country’s largest long-distance company).

Entering into negotiations with Verizon, the CWA and the IBEW decided that
rather than attempt to obstruct the advance of new technologies, or defiantly
guard the job security of its current membership—as unions have notoriously
done in the past—the two telecommunications unions focused on securing
a streamlined method for signing up new workers known as the card-check
procedure. (The Hotel Employees and Restaurant Workers (HERE) have used
the card-check process to successfully organize many of the largest hotels
in Las Vegas.)

A relatively new phenomenon in labor organizing, the card-check allows
workers to become union members if a majority of employees at a particular
worksite sign a card indicating that they want to join. The procedure circumvents
the tedious and often losing process of trying to win union recognition
through the slow and overburdened National Labor Relations Board. (The
NLRB acknowledges that one out of every ten workers who tries to organize
is fired; the board has a backlog of 25,000 cases.)

The CWA first won a card- check agreement at SBC Communications in 1996.
Since then, the union increased the percentage of unionized employees at
SBC to 63 percent or 129,600 of 204,500 total workers, giving it the highest
percentage of union employees of any major telecommunications company in
the industry.

Although the CWA and the IBEW would eventually win a 12 percent pay raise
over three years at Verizon, the focus of the negotiations held in Washington
DC was on winning a card-check agreement, something the union had failed
to do two years earlier during a much shorter strike.

The decision to concentrate on future organizing rather than wages and
benefits was a critical break with the past, observed Tom Juravich, director
of the Labor Relations and Research Center at the University of Massachusetts
at Amherst. “This victory was an indication of labor’s strategic approach
to organizing,” he said. “We’re not seeing those long drawn out battles
we saw in the 1980s, simply because unions are being a lot wiser. Instead
of striking all the time, and losing, they are being a lot more strategic.”

On the public relations front, the union, representing workers in 11 states
from Maine to Virginia, had the good luck of going out on strike just as
Verizon was launching a multimillion advertising campaign to publicize
the Bell Atlantic-GTE merger. Featuring the omnipresent baritone of actor
James Earl Jones, the ads coached viewers learn how to pronounce the new
name—Ver-EYE-zon —and explain its origin: a combination of horizon and
veritas, the Latin word for truth.

Although company officials insisted that the strike had not taken the punch
out of its advertising campaign, union negotiators felt as though their
position was strengthened by Verizon’s desire not to let the hundreds of
unrepaired phone lines and unattended service orders that had built up
during the walkout sully its new corporate image. “That was a stroke of
strategizing genius,” added Juravich.

At the rank-and-file level, the focus was on winning card-check. Over the
course of the past year, the CWA held a series of educational workshops
to convey to members that although the economy was comparatively strong
and that the Bell Atlantic contract prohibited the company from laying-off
or transferring any worker, the future did not look bright.

The merger with GTE was fast adding jobs to its non-union Cellular and
Internet services subsidiary Verizon Wireless while growth in Verizon’s
fixed-wireline business, or to use industry jargon, Plain Old Telephone
Service (POTS), had been nearly flat. Bob Master, political director of
the CWA’s New York office, recounts that the union took great pains to
emphasize to its members that the Bell Atlantic-GTE merger would likely
accelerate the company’s practice of outsourcing and moving newly created
jobs to non-union areas of the country and the company. Unless steps were
made to organize its cellular subsidiary Verizon Wireless—owned 55 percent
by Verizon and 45 percent by Britain’s Vodafone plc—union members would
see a weakening in their wages and benefits if not the gradual elimination
of their jobs.

“We’re at this moment of transition in the telecommunications industry,”
said Master. “We’re saying that the union has to be a part of the future
here, and that includes wireless, Internet services, high-speed digital
lines, cable-TV—all the stuff that is developing out of the convergence
of telecommunications services.”

Prior to the strike, just 50 out of Verizon Wireless’ 30,000 workers were
organized, the result of a small group of technicians that Bell Atlantic
needed in the mid-1980s when it began its cellular build-up. (Just two
years ago, Bell Atlantic’s wireless operations counted just 7,100 employees.)

To convince workers to go on strike for an issue that did not directly
impact their jobs was seen as a test of leadership’s connection to its
rank-and-file. Master says the union’s directors debated amongst themselves
for over a year about whether the membership could be convinced to strike
in order to win a card-check agreement. “This was a posed as crucial test
of our ability to grow along with the company,” Master adds.

At issue was the future of the telecommunications industry, and what role,
if any, organized labor would play in it. For unions, the cold reality
was that as wireless, Internet, and broadband industries have grown in
the last 15 to 20 years, unions have been slow to organize them. “While
wireless are growing, voice-telephone businesses are either steady or shrinking.
The unions have to go to where the dues paying membership is—it’s a matter
of survival,” observed AT&T spokesperson Burke Stinson.

If they weren’t obvious before the strike, two themes became preeminent
as a result of the walkout: first, that demand for wireless and cellular
services has unequivocally changed the business priorities of the major
telecommunications companies; and secondly, that a decade of multi-billion
dollar mergers had reshaped the companies themselves.

Like all seven former Baby Bells, Verizon grew out of the 1984 break-up
of AT&T Corp. The Supreme Court anti-trust decision broke the telecom monopoly
into seven companies, among them NYNEX and Bell Atlantic. In 1997, those
two companies merged. That consolidation led to others. SBC Communications
bought Pacific Telesis Group, the parent of Pacific Bell, in 1997 for $23.5
billion, and then two years later completed a $62 billion deal for Ameritech
Corp., the former Chicago-based Baby Bell that served much of the Midwest.
(At the time, SBC’s acquisition of Ameritech was the largest telecom deal
ever, since then eclipsed by Verizon’s purchase of GTE).

The merger list goes on. In April, the three-year old broadband Internet
provider, Qwest Communications International Inc., completed its acquisition
of another former Baby Bell, Denver-based US West Corp., for $47.5 billion.
Foreign telecom companies are also getting into the mix, an act of reciprocity
for the many years of U.S. telecom purchases abroad. In July, Deutsche
Telekom announced plans to buy the cellular provider VoiceStream Wireless
Corp. for $50.3 billion, and in August Japan’s NTT Communications, completed
its $5 billion purchase of the U.S. Internet server, Verio Inc.

In many cases, older telecom companies with unionized work- forces have
purchased non-union newer companies. And with each merger, the unionized
companies have tried to leverage the increase in employees to dilute the
union’s presence and influence.

Verizon’s purchase of GTE was such a case. “The slew of mergers and acquisitions
have clearly awoken workers to the realization that although the economy
may be good for the moment, another round of corporate mergers, and job
elimination is likely,” said UMass’ Juravich. In early-September, Qwest
announced it would eliminate more than 13,000 jobs as part of its acquisition
of US West.

Verizon’s union contract forbids layoffs, a reality that came as a some
surprise to those in the press. In fact, the decision by the CWA and IBEW
to strike against Verizon was greeted by some in the press as the curious grumb- lings of workers that had chosen not to embrace the potential of
the so-called New Economy.

The Industry Standard declared in its August 14 issue that “a labor dispute
might seem out of place in the Internet Economy, where most employers worry
more about filling jobs than about fending off union organizers.” A leading
voice of the Internet business community, the magazine added that “despite
the booming economy, unionized workers are concerned they’re being denied
their piece of the new-economy pie.”

Prior to the start of the strike, the New York Times portrayed the conflict
as one that “pits old-line labor against the New Economy.” After an accord
was reached, the newspaper seemed obliged to acknowledge that “organized
labor still has a place in the New Economy.”

All the talk of New Economy versus Old Economy riled CWA organizer Steve
Early. The newer jobs in the communications industry, he argued, are much
the same as the old ones. They both require a sales force, technicians,
and maintenance personnel.

“The only thing that distinguishes the workers in this so-called New Economy
is the fact that the new workforce in the new economy side is treated shabbily,”
he said. “The people have no rights, they have no grievance procedure,
they have minimal benefit coverage compared to the traditional benefit
package. They don’t have guaranteed across-the- board increases, they don’t
have any number of things that are standard parts of a contract that’s
been built up over 30 or 40 years bargaining. And the working conditions
don’t smack of anything new. They smack of the conditions that existed
in factories before the eight-hour-day and the 40-hour-week was won.”

Indeed much of the telecommunications industry remains unorganized. Around
the Washington DC offices of the Communications Workers of America, Debbie
Goldman and her co-workers among the union’s research staff refer to a
particularly bad moment in the CWA’s recent organizing history as the “Christmas
Massacre.”

That was the day back in 1987 when officials of the long-distance telephone
company MCI Corp. fired a couple of hundred workers at a call center outside
of Detroit which was in the beginning stages of a union drive. “They plain
fired everybody,” Goldman recalled. “Just a few days before Christmas.”

The CWA had a similar experience with Sprint Corp. in 1994 after working
with a group of employees at one of its San Francisco telemarketing centers
geared specifically to Spanish speaking customers. One week before the
company had agreed to hold an NLRB election on union representation, the
employees were told by Sprint that the center was being shut down, and
that the workers were out of job.

This time, however, the union filed a grievance with the NLRB which in
typical fashion dragged on for nearly four years until the board cited
Sprint for more than 50 labor law violations that included intimidation,
using employees to disseminate information, and threatening to fire employees.
“That’s the pattern of those two companies,” Goldman added. “They will
aggressively fight and even break the law in order to keep a union out
and they’ve been very successful as a result. So we have made very little
inroads.”

A Sprint spokesperson, Mark Bonavia, said company employees have chosen
not to unionize because they are largely pleased with working conditions.
“People unionize because they’re getting crappy benefits,” he said. “We
offer our employees good benefits and wage packages; then again, if they
want to unionize they can, we won’t stand in the way.”

Today, unionized employees at Sprint comprise just 12.5 percent of its
77,600 employees. WorldCom, which purchased MCI in 1998, has managed to
block any and all union organizing campaigns. Not surprisingly, WorldCom
chose Sprint for a merger partner in a $129 billion deal that regulators
shot down in June on anti-trust grounds.

At Verizon, the card-check agreement does not go into effect for six months.
As a result, the company, says Master, has begun a campaign to press its
non-union wireless workers to resist the approaches of union organizers.
AT&T is doing the same at its call stations in the south and southwest.
Company spokesman Steven Marcus said Verizon is committed to abiding by
the contract.

The CWA, meanwhile, is gearing up for a largescale organizing blitz for
the winter and spring. The first target is Verizon’s wireless workers,
and later, GTE’s non-unionized employees. Further afield, the union would
like to bring former Ameritech workers, now employed by SBC, into the union.

“We’re going to have to go out and win the same kind of card check and
neutrality agreement that we have for wireless in the rest of the former
GTE areas as those contracts come up in the next few years,” Early said.
“Ultimately, we need a national contract, and we can only get there by
organizing the unorganized in wireless.”   

Leon Lazaroff