bureaucracybusters

Archive for the ‘Business’ Category

, , , , , , , , , , , , , , , , , , ,

LIFE LESSONS FROM PAULA DEEN: PART ONE (OF THREE)

In Bureaucracy, Business, Law, Social commentary on June 26, 2013 at 12:01 am

The purpose of this website is to highlight the ways public and private bureaucracies actually operate–as opposed to how they usually want others to believe they operate.

Occasionally, a case comes along that is so filled with blatant violations of law and common sense that it offers a road map of what others should do to avoid similar disaster.

Such a case is that of celebrity chef Paula Deen.

Paula Deen

Let’s start at the beginning.

Deen, her brother Earl “Bubba” Hiers, her company, and the corporations that operate a pair of restaurants she owns in Savannah, Georgia, are being sued by former employee Lisa Jackson.

A complaint filed in the U.S. District Court for the Southern District of Georgia in November, 2012, claimed that she was subjected to “violent, sexist, and racist behavior” during her five years’ employment by Deen.

Jackson’s complaint describes her as a “white female” who has biracial nieces.

It was for that reason that she left Uncle Bubba’s Oyster House, which was run by Hiers, in August, 2010.

Jackson’s complaint alleges the following:

  • Black employees were required to use separate bathrooms and entrances from whites.
  • Black employees were held to “different, more stringent standards” than whites.
  • Hiers regularly made offensive racial remarks.
  • Hiers made inappropriate sexual comments.
  • Hiers forced Jackson to look at pornography with him.
  • Hiers often violently shook employees.
  • Hiers came to work in “an almost constant state of intoxication.”
  • Dean enabled Hiers’ behavior by ignoring Jackson’s efforts to discuss his behavior.
  • Deen “holds racist views herself.”

The allegation that black employees were ordered to use separate bathrooms and entrances harkens back to the ugly days of the pre-civil rights South.  That was an era where most blacks knew their place–or were murdered by the Ku Klux Klan.

In May, 2013, Deen gave her own deposition in the case.  She denied many of the allegations against Hiers-–but ended up admitting that she was aware of his offensive behaviors:

Q.  Okay.  Are you aware–-you were here during your brother’s deposition, right?

A.  Yes.

Q.  So you are aware of the things that he’s admitted to?

A.  Absolutely.

Q.  Did any of the things that your brother admitted to doing, including reviewing–-reviewing pornography in the workplace, using the N word in the workplace, did any of that conduct cause you to have any concerns about him continuing to operate the business?

A.  No.  My brother and I, 25 years ago…each started a business and we each had $200 to start that business.  My brother built the most successful long-service business in Albany, Georgia, with his $200.  My brother is completely capable unless he’s being sabotaged.

Stupid Mistake #1:  Deen acknowledged that, if she hadn’t known about her brother’s behavior prior to his deposition, she was present during this and thus learned about it then.

Stupid Mistake #2:  Deen acknowledged that even after she officially became aware of his behavior, she did not feel there was any reason to sever him from the company.

Getting back to Deen’s deposition:

Q.  Now, does his sense of humor include telling jokes about matters of a sexual nature?

A.  We have all told off-colored jokes.

Q.  Okay.  Does his sense of humor include telling jokes of a racial nature?

A.  I’m sure those kind of jokes have been told.  Every man I’ve ever come in contact with has one.

Stupid Mistake #3:  Deen acknowledged that off-color jokes were told in her workplace, and that she was clearly aware of it.

Stupid Mistake #4:  Deen made light of the telling of jokes that the vast majority of employers would not tolerate in their workplaces.

Then came–for Deen–the most deadly part of the deposition:

Q.  Okay.  Miss Deen, have you told racial jokes?

A.  No, not racial.

Q.  Okay, have you ever used the N word yourself?

A.  Yes, of course.

Stupid Mistake #5:  She knew that the charge of racial discrimination stood at the very heart of the lawsuit facing her.  Yet, when asked if she had ever used the N-word, she replied, “Yes, of course,” as if this were the most natural thing in the world.

Q.  Okay.  In what context?

A.  Well, it was probably when a black man burst into the bank that I was working at and put a gun to my head.

Q. Okay, and what did you say?

A.  Well, I don’t remember, but the gun was dancing all around my temple.  I didn’t…feel real favorable towards him.

Q.  Okay.  Well, did you use the N word to him as he pointed a gun in your head at your face?

A.  Absolutely not.

Q.  Well, then, when did you use it?

A.  Probably in telling my husband.

Stupid Mistake #6:  What is discussed between husband and wife is protected legally as marital privilege.  Her attorney should have objected and told her not to answer the question.  If she had not admitted to using it privately with her husband, she might not have been asked if she had used it since then.

, , , , , , , , , , , , , , , , , , , ,

FIRST AMENDMENT DANGERS

In Business, Law, Social commentary on June 13, 2013 at 12:07 am

WARNING: Believing that the First Amendment gives you the legal right to express your opinion may be hazardous to your career.

The First Amendment to the United States Constitution says: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Of course, that refers only to Congress.  It says nothing about employers–and especially those self-appointed pseudo-gods who claim to be the personification of virtue and infallibility.

If you doubt it, just ask Johnny Cook, who until recently worked as a bus driver for the Haralson County Middle School in Georgia.

In late May, a sixth-grade student boarding Cook’s school bus said he was still hungry.  Cook asked why, and the student said he hadn’t been given any lunch.

The reason: He had been forty cents short for buying a reduced lunch.  So he hadn’t been given anything, not even the peanut butter offered to everyone else.

Furious, Cook vented his spleen on his Facebook page on May 21:

“This child is already on reduced lunch [program] and we can’t let him eat. Are you kidding me? I’m certian  there was leftover food thrown away today.

“But kids were turned away because they didn’t have .40 on there account. As a tax payer I would much rather feed a child than throw it away. I would rather feed a child than to give food stamps to a crack head.”

Just two days later, Cook was fired over that post.

Johnny Cook and friends

The “official reason,” as given by Superintendent Brett Stanton, was that Cook had violated the school’s social media policy by daring to express his opinion publicly.

The policy states:

“Students who post or contribute any comment or content on social networking sites that cause a substantial disruption to the instructional environment are subject to disciplinary procedures.

“Employees who post or contribute any comment or content on social networking sites that causes a substantial disruption to the instructional environment are subject to disciplinary procedures up and including termination.”

This is similar to the policies–and atmosphere–of the Joseph McCarthy “smear and fear” era of the 1950s.  You didn’t have to actually be proven an actual Communist, or even a Communist sympathizer.

All that was neeeded to condemn you to permanent unemployment was to become “controversial.”  That way, the employer didn’t have to actually prove the employee’s unfitness.

The Almighty Employer need only declare: “Your usefulness to me is over.”

Consider the statement offered by Superintendent Stanton:  “I can assure you it did not happen,” he told the CBS affiliate in Atlanta.

And how could he be so certain?  Because, said Stanton, he had thoroughly investigated the incident.

“The video surveillance footage clearly shows that the student never went through the lunch lines at the county middle school,” Stanton said.

Therefore, Stanton said, the boy couldn’t have been offered the bagged lunch for students in his situation.

When asked if someone should have noticed the boy wasn’t eating lunch, he had a ready excuse for that: “When you have almost 1,000 students, it’s very difficult to notice.”

Stanton wouldn’t discuss Cook’s termination because it’s a personnel matter, but did say the school district has a strict Facebook policy.

CBS Atlanta contacted the sixth-grader’s family–who backed up Cook’s story.

Cook, who is married and the father of two kids, told CBS Atlanta that he felt in his “heart of hearts the kid was telling the truth.”

A petition has been posted to Change.org demanding that Cook be reinstated.  It has so far gained more than 10,000 signatures.

Nor is Cook the only victim of employers who have no regard for the First Amendment.

Ashley Warden, a waitress at an Oklahoma City Chili’s insulted “stupid cops” on her Facebook page.   In 2012, her potty-training toddler pulled down his pants in his grandmother’s front yard–and a passing officer gave Warden a public urination ticket for $2,500.

Warden was quickly fired.  In an official statement, Chilli’s gave this excuse:

“With the changing world of digital and social media, Chili’s has Social Media Guidelines in place, asking our team members to always be respectful of our guests and to use proper judgement when discussing actions in the work place.  After looking into the matter, we have taken action to prevent this from happening again.”

Put more honestly: “We have taken action to prevent” other employees from daring to exercise their own First Amendment rights.

Employers need to be legally forced to show as much respect for the free speech rights of Americans as Congress is required to.

Until this happens, the workplace will continue to resemble George Orwell’s vision of 1984–a world where anyone can become a “non-person” for the most trivial of reasons.

, , , , , , , , , , , , , , , , , , , , , ,

GREED-TESTING FOR CEOS: PART TWO (END)

In Bureaucracy, Business, History, Politics on May 22, 2013 at 12:34 am

Robert Benmosche, the CEO of American International Group (AIG) recently offered some blunt advice to college graduates searching for work.

“You have to accept the hand that’s been dealt you in life,” Benmosche said in an interview on Bloomberg Television. “Don’t cry about it. Deal with it.”

As is typical of one-percenters, Benmosche blames willing-to-work college graduates for the refusal of rich employers to offer jobs instead of excuses.

AIG’s way of “accepting the hand that’s been dealt you in life” was to go crying to the Federal Government for a bailout loan–which eventually ballooned to $182 billion.

If college graduates should “deal with” the hardships of finding a responsible, hiring-inclined employer with a stiff upper lip, as Benmosche advises, the same advice should work wonders on greed-fueled CEOs.

Greed-test CEOs for future government loans.

After all, drug-testing welfare recipients has become the new mantra for Republicans.

Some bills have even targeted people who seek unemployment insurance and food stamps, despite scanty evidence that the poor and jobless are disproportionately on drugs.

The concept of background screening is actually sound. But Republicans are aiming it at the wrong end of the economic spectrum.

Since 2008, the government has handed out billions of dollars in bailouts to CEOs of the wealthiest corporations in the country.

The reason: To rescue the economy from the calamity produced by the criminal greed and recklessness of those same corporations.

In 2008, Alan Greenspan, the former chairman of the Federal Reserve, testified before Congress about the origins of the Wall Street “meltdown.”

He admitted that he was “shocked” at the breakdown in U.S. credit markets and said he was “partially” wrong to resist regulation of some securities.

“Those of us who have looked to the self-interest of lending institutions to protect shareholder’s equity–myself especially–are in a state of shocked disbelief,” said Greenspan, who had ruled the Fed from 1987 to 2006.

As a disciple of the right-wing philosopher, Ayan Rand, Greenspan had fiercely held to her belief that “The Market” was a divine institution. As such, “it” alone knew what was best for the nation’s economic prosperity.

“Enlightened self-interest,” he believed, would guarantee that those who dedicated their lives to making money would not allow mere greed to steer them–and the country–into disaster.

As he saw it, any attempt to regulate greed-based appetites could only harm that divine institution.

Greenspan proved wrong. And the nation will be literally paying for such misguided confidence in profit-addicted men for decades to come.

So if Republicans want to protect the “poor, oppressed taxpayer,” they should demand background investigations for those whose addiction truly threatens the economic future of this country.

That is–the men (and occasionally women) who run the nation’s most important financial institutions, such as banks, insurance and mortgage companies.

Thus, in the future, all CEOs–and their topmost executives–of financial institutions seeking Federal bailouts should be required to:

  • Undergo “full field investigations” by the FBI and IRS.
  • Submit full financial disclosure forms concerning not only themselves but all members of their immediate families.
  • Be subject to Federal prosecution for perjury if they provide false information or conceal evidence of criminal violations.
  • Periodically submit themselves for additional background investigation.
  • Be subject to arrest, indictment and prosecution if the background investigation turns up evidence of criminal activity.

In addition:

  • If a bailout-seeking financial institution refuses to comply with these criteria, it should be refused the loan.
  • If a CEO and/or other top officials are judged ineligible for a loan, the company should be asked to replace those executives with others who might qualify.
  • Those alternative executives should be subject to the same background investigation requirements as just outlined.
  • If the institution refuses to replace those executives found ineligible, the Government should refuse the loan.
  • If the Government is forced to take over a troubled financial institution, its CEO and top executives should be replaced with applicants who have passed the required security screening.

The United States has a long and embarrassing history in worshipping wealth for its own sake. Part of this can be traced to the old Calvinistic doctrine that wealth is a proof of salvation, since it shows evidence of God’s favor.

Another reason for this worship of mammon is the belief that someone who is wealthy is automatically endowed with wisdom and integrity.

Following these beliefs to their ultimate conclusion will transform the United States into a plutocracy–a government of the wealthy, by the wealthy, for the wealthy.

Every day we see fresh evidence of the destruction wrought by the unchecked greed of wealthy, powerful men.

When they–and their paid shills in Congress–demand, “De-regulate business,” it’s essential to remember what this really means.

It means: “Let criminals be criminals.”

, , , , , , , , , , , , , , , , , ,

GREED-TESTING FOR CEOS: PART ONE (OF TWO)

In Bureaucracy, Business, History, Politics, Social commentary on May 21, 2013 at 1:28 am

Robert Benmosche, the CEO of American International Group (AIG) has some blunt advice to college graduates searching for work in a tight job market.

“You have to accept the hand that’s been dealt you in life,” Benmosche said in an interview on Bloomberg Television. “Don’t cry about it. Deal with it.”

Typical advice from a one-percenter whose company, AIG, suffered a liquidity crisis when its credit ratings were downgraded below “AA” levels in September 2008.

And how did AIG “deal with” its own crisis?  It went crying to its Uncle Sugar, the United States Government, for a bailout.

Which it promptly got.

The United States Federal Reserve Bank, on September 16, 2008, made an $85 billion loan to the company to meet increased collateral obligations resulting from its credit rating downgrade–and thus saving it from certain bankruptcy.

In return, the Government took an 80% stake in the firm.

(The bailout eventually ballooned to $182 billion in exchange for a 92%  stake.)

College graduates, said Benmosche, need to seize the opportunities that become available to them, even if their options are limited.

“They want me to talk to the students and give them a sense of encouragement, especially with the high unemployment,” said Benmosche.

“My advice will be, ‘Whatever opportunity comes your way, take it. Take it and treat it as if it’s the only one that’s coming your way, because that actually may be the truth.’”

Of course, willing-to-work college graduates who can’t find willing-to-hire employers won’t be able to count on a generous bailout from the Federal Government.

To which most of them will owe hundreds of thousands of dollars in student loans.

It’s long past time to apply to “untouchable” CEOs like Robert Benmosche the same criteria that right-wing Republicans demand be applied to welfare recipients.

Throughout the past year Republican lawmakers have pursued welfare drug-testing in Congress and more than 30 states.

Some bills have even targeted people who claim unemployment insurance and food stamps, despite scanty evidence the poor and jobless are disproportionately on drugs.

The concept of background screening is actually sound. But Republicans are aiming it at the wrong end of the economic spectrum.

Since 2008, the government has handed out billions of dollars in bailouts to the wealthiest corporations in the country.

The reason: To rescue the economy from the calamity produced by the criminal greed and recklessness of those same corporations.

For example:

  • The Troubled Asset Relief Program (TARP) has invested $118.5 billion in restoring liquidity to the financial markets.
  • Federal Reserve rescue efforts: $1.5 trillion invested.
  • Federal stimulus programs designed to save or create jobs and jumpstart the economy from recession. $577.8 billion invested.
  • American International Group: Multifaceted bailout to help insurers through restructuring, minimize the need to post collateral and get rid of toxic assets. $127.4 billion invested.
  • FDIC bank takeovers: Cost to FDIC fund that insures losses depositors suffer when a bank fails. $45.4 billion billion invested.
  • Other financial initiatives designed to rescue the financial sector. $366.4 billion invested.
  • Other housing initiatives designed to rescue the housing market and prevent foreclosures. $130.6 billion invested.

Total of federal monies invested: $3 trillion.

It’s important to note that these figures–supplied by the Federal Reserve, Treasury Department, Federal Deposit Insurance Corporation, Congressional Budget Ooffice and the White House–date from November 16, 2009.

And it’s equally important to remember that welfare recipients did not

  • hold CEO positions at any of the banks so far bailed out;
  • run such insurance companies as American International Group (AIG);
  • administer the Federal Home Loan Mortgage Corporation, known as Freddie Mac;
  • command the Federal National Mortgage Association, known as Fannie Mae.

The 2010 documentary “Inside Job” chronicles the events leading to the 2008 global financial crisis. One of its most insightful moments occurs at a party held by then-Treasury Secretary Henry Paulson.

“We can’t control our greed,” the CEO of a large bank admits to his fellow guests.

“You should regulate us more.”

Greed is defined as an excessive desire for wealth or goods. At its worst, greed trumps rationality, judgment and concern about the damage it may cause.

Greed begins in the neurochemistry of the brain. A neurotransmitter called dopamine fuels our greed. The higher the dopamine levels in the brain, the greater the pleasure we experience.

Cocaine, for example, directly increases dopamine levels. So does money.

Harvard researcher Hans Breiter has found, via magnetic resonance imaging studies, that the craving for money activates the same regions of the brain as the lust for sex, cocaine or any other pleasure-inducer.

Dopamine is most reliably activated by an experience we haven’t had before. We crave recreating that experience.

But snorting the same amount of cocaine, or earning the same sum of money, does not cause dopamine levels to increase. So the pleasure-seeker must increase the amount of stimuli to keep enjoying the euphoria.

In time, this incessant craving for pleasure becomes an addiction. And feeding that addiction–with ever more money–becomes the overriding goal.

Thus, the infamous line–”Greed is good”–in the 1987 film, “Wall Street,” turns out to be both false and deadly for all concerned.

But the situation need not remain this way.

, , , , , , , , , , , , , , , , , , ,

HOW TO BE A SMARTER EXECUTIVE: PART TWO (END)

In Bureaucracy, Business, History, Self-Help on May 14, 2013 at 12:00 am

I returned, and saw under the sun, that the race is not to the swift, nor the battle to the strong, neither yet bread to the wise, nor yet riches to men of understanding, nor yet favour to men of skill; but time and chance happeneth to them all.

–Ecclesiastes 9:11

It is one thing to gain executive power, and another to hold onto it.  It is altogether different to use it wisely and justly.

Many are the dictators who have ruled long, but not justly–such as Porfiro Diaz, whose 30-year regime was ended by the Mexican Revolution in 1911.

And many are those who wanted to rule justly but could not face up to the harsh realities of power.  One of these was Francisco Madero, who democratically succeeded Diaz–but was soon betrayed and executed by Victoriana Huerta, one of his own generals.

In Part One, I outlined a number of timeless suggestions by Niccolo Machiavelli, the Florentine statesman and patriot (1469-1527) for attaining and wisely employing executive power.

Niccolo Machiavelli

Many of this nation’s corporate executives and officials manning local, state and Federal agencies (including the Presidency) would do well to pay close attention to his advisories.  Among these:

  • EVALUATING A SUBORDINATE: For a prince to be able to know a minister there is this method which never fails.  When you see the minister think more of himself than of you, and in all his actions seek his own profit, such a man will never be a good minister, and you can never rely on him.  For whoever has in hand the state of another man must never think of himself but of the prince, and not mind anything but what relates to him.
  • TREATMENT OF SUBORDINATES: And on the other hand, the prince, in order to retain his fidelity, ought to think of his minister, honoring and enriching him, doing him kindnesses and conferring on him favors and responsible tasks, so that the great favors and riches bestowed on him cause him not to desire other honors and riches, and the offices he holds make him fearful of changes.  When princes and their ministers stand in this relation to each other, they can rely the one upon the other; when it is otherwise, the result is always injurious either for one or the other of them.
  • TAKING COUNSEL: There is no way of guarding oneself against flattery than by letting men understand that they will not offend you by speaking the truth.  But when every one can tell you the truth, you lose their respect.
  • A prudent prince must therefore take a third course, by choosing for his counsel wise men, and giving them alone full liberty to speak the truth to him, but only of those things that he asks and of nothing else.
  • MAKING DECISIONS: But he must be a great asker about everything and hear their opinions, and afterwards deliberate by himself in his own way, and in these counsels and with each of these men comport himself so that every one may see that the more freely he speaks, the more he will be acceptable.  Beyond these he should listen to no one, go about the matter deliberately, and be determined in his decisions.
  • SEEK THE TRUTH:  A prince, therefore, ought always to take counsel, but only when he wishes, not when others wish.  On the contrary, he ought to discourage absolutely attempts to advise him unless he asks it.  But he ought to be a great asker, and a patient hearer of the truth about those things of which he has inquired.  Indeed, if he finds that anyone has scruples in telling him the truth he should be angry.
  • UNWISE PRINCES CANNOT BE WISELY ADVISED: And since some think that a prince who gains the reputation of being prudent is so considered, not by his nature but by the good counselors he has about him, they are undoubtedly deceived.  It is an infallible rule that a prince who is not wise himself cannot be well advised, unless by chance he leaves himself entirely in the hands of one man who rules him in everything, and happens to be a very prudent man. In this case, he may doubtless be well governed, but it would not last long, for the governor would in a short time deprive him of the state.
  • FORTUNE: I think it may be true that fortune is the ruler of half our actions, but that she allows the other half or thereabouts to be governed by us.
  • I would compare her to an impetuous river that, when turbulent, inundates the plains, casts down trees and buildings, removes earth from this side and places it on the other; every one flees before it, and everything yields to its fury without being able to oppose it.
  • Still, when it is quiet, men can make provisions against it by dykes and banks, so that when it follows it will either go into a canal or its rush will not be so wild and dangerous.

, , , , , , , , , , , , , , , , , , , , , ,

“BRANDING” AND BARBARISM: PART THREE (END)

In Business, Law, Politics, Social commentary on May 8, 2013 at 12:00 am

When an American employer can compel his employees to be permanently tattooed with the company’s logo, it’s time for a complete overhaul of the nation’s employment laws.

That’s what happened to about 40 employees of Rapid Reality, a New York-based residentia real estate brokerage firm, in return for a 15% raise in commission.

Behind such an outrage lies the justifiable fear of employees that their employers will throw them into the street and pocket their earnings.

Click here: Rapid Realty discusses company tattoos – YouTube

And the terms of such an overhaul can best be summed up in a nationwide Employers Responsibility Act (ERA)

Eleven of its ts povisions have already been outlined.  Here are the remaining ones:

(12) The U.S. Departments of Justice and Labor would regularly monitor the extent of employer compliance with the provisions of this Act.

Among these measures: Sending undercover agents, posing as highly-qualified job-seekers, to apply at companies—and then vigorously prosecuting those employers who blatantly refused to hire despite their proven economic ability to do so.

This would be comparable to the long-time and legally-validated practice of using undercover agents to determine compliance with fair-housing laws.

(13) The Justice Department and/or the Labor Department would be required to maintain a publicly-accessible database on those companies that had been cited, sued/ and/or convicted for such offenses as discrimination, harassment, health and/or safety violations or employing illegal aliens. Employers would be legally required to regularly provide such information to these agencies, so that it would remain accurate and up-to-date.

Such information would arm job applicants with vital information about the employers they were approaching. They could thus decide in advance if an employer is deserving of their skills and dedication. As matters now stand, employers can legally demand to learn even the most private details of an applicant’s life without having to disclose even the most basic information about themselves and their history of treating employees.

(14) CEOs whose companies employ illegal aliens would be held directly accountable for the actions of their subordinates. Upon conviction, the CEO would be sentenced to a mandatory prison term of at least ten years.

This would prove a more effective remedy for controlling illegal immigration than stationing tens of thousands of soldiers on the U.S./ Mexican border. With CEOs forced to account for their subordinates’ actions, they would take drastic steps to ensure their companies complied with Federal immigration laws. Without employers eager to hire illegal aliens at a fraction of the money paid to American workers, the invasions of illegal job-seekers would quickly come to an end.

(15) A portion of employers’ existing Federal taxes would be set aside to create a national clearinghouse for placing unemployed but qualified job-seekers.

* * * * *

For thousands of years, otherwise highly intelligent men and women believed that kings ruled by divine right. That kings held absolute power, levied extortionate taxes and sent countless millions of men off to war–all because God wanted it that way.

That lunacy was dealt a deadly blow in 1776 when American Revolutionaries threw off the despotic rule of King George III of England.

But today, millions of Americans remain imprisoned by an equally outrageous and dangerous theory: The Theory of the Divine Right of Employers.

Summing up this employer-as-God attitude, Calvin Coolidge still speaks for the overwhelming majority of employers and their paid shills in government: “The man who builds a factory builds a temple, and the man who works there worships there.”

America can no longer afford such a dangerous fallacy as the Theory of the Divine Right of Employers.

The solution lies in remembering that the powerful never voluntarily surrender their privileges.

Americans did not win their freedom from Great Britain–-and its enslaving doctrine of “the divine right of kings”-–by begging for their rights.

And Americans will not win their freedom from their corporate masters–-and the equally enslaving doctrine of “the divine right of employers”––by begging for the right to work and support themselves and their families.

And they will most certainly never win such freedom by supporting right-wing political candidates whose first and only allegiance is to the corporate interests who bankroll their campaigns.

Corporations can–and do–spend millions of dollars on TV ads, selling lies–lies such as the “skills gap,” and how if the wealthy are forced to pay their fair share of taxes, jobs will inevitably disappear.

But Americans can choose to reject those lies–and demand that employers behave like patriots instead of predators.

In 1970, Congress finally recognized the threat organized crime posed to the Nation’s security and passed the Organized Crime Control Act.  This gave law enforcement agents and prosecutors powerful weapons against the Mafia and similar criminal groups.

It’s long past time that Congress be forced–by fed-up voters–to recognize the threat posed to the financial and social security of the Nation by the unchecked power of greed-fueled corporations.

It’s time for Congress to apply to corporate slave-masters the wisdom of Robert F. Kennedy’s warning about the Mafia: “If we do not on a national scale attack organized criminals with weapons and techniques as effective as their own, they will destroy us.”

, , , , , , , , , , , , , , , , , , , , , ,

“BRANDING” AND BARBARISM: PART TWO (OF THREE)

In Business, Law, Politics, Social commentary on May 7, 2013 at 12:05 am

When an American employer can compel his employees to be permanently tattooed with the company’s logo, it’s time for a complete overhaul of the nation’s employment laws.

That’s what happened to about 40 employees of Rapid Reality, a New York-based residentia real estate brokerage firm.  In return, they got a 15% raise in commission.

Although this story has received wide media attention, it has been treated as an oddity out of “Believe It or Not.”  No one has pointed out the sheer barbarity of such a proposal.  Or the sheer barbarity of a culture that bestows such unchecked power on corporate employers.

And the antidote to such employer barbarism: A nationwide Employers Responsibility Act (ERA).

Such legislation would legally require employers to demonstrate as much initiative for hiring as job-seekers are now expected to show in searching for work.

In Part One, I outlined its first two provisions.  Here are an additional nine:

(3) Employers would receive tax credits for creating professional, well-paying, full-time jobs.

This would encourage the creation of better than the menial, dead-end, low-paying and often part-time jobs which exist in the service industry. Employers found using such tax credits for any other purpose would be prosecuted for tax fraud.

(4) A company that acquired another—through a merger or buyout—would be forbidden to fire en masse the career employees of that acquired company.

This would be comparable to the protection existing for career civil service employees. Such a ban would prevent a return to the predatory “corporate raiding” practices of the 1980s, which left so much human and economic wreckage in their wake.

The wholesale firing of employees would trigger the prosecution of the company’s new owners. Employees could still be fired, but only for provable just cause, and only on a case-by-case basis.

(5) Employers would be required to provide full medical and pension benefits for all employees, regardless of their full-time or part-time status.

Increasingly, employers are replacing full-time workers with part-time ones—solely to avoid paying medical and pension benefits. Requiring employers to act humanely and responsibly toward all their employees would encourage them to provide full-time positions—and hasten the death of this greed-based practice.2-28-96

(6) Employers of part-time workers would be required to comply with all federal labor laws.

Under current law, part-time employees are not protected against such abuses as discrimination, sexual harassment and unsafe working conditions. Closing this loophole would immediately create two positive results:

  • Untold numbers of currently-exploited workers would be protected from the abuses of predatory employers; and
  • Even predatorily-inclined employers would be encouraged to offer permanent, fulltime jobs rather than only part-time ones—since a major incentive for offering part-time jobs would now be eliminated.

(7) Employers would be encouraged to hire to their widest possible limits, through a combination of financial incentives and legal sanctions. Among those incentives: Employers demonstrating a willingness to hire would receive substantial Federal tax credits, based on the number of new, permanent employees hired per year.

Employers claiming eligibility for such credits would be required to make their financial records available to Federal investigators. Employers found making false claims would be prosecuted for perjury and tax fraud, and face heavy fines and imprisonment if convicted.

(8) Among those sanctions: Employers refusing to hire could be required to prove, in court:

  • Their economic inability to hire further employees, and/or
  • The unfitness of the specific, rejected applicant.

Companies found guilty of unjustifiably refusing to hire would face the same penalties as now applying in cases of discrimination on the basis of age, race, sex and disability.

Employers would thus fund it easier to hire than to refuse to do so.  Job-seekers would no longer be prevented from even being considered for employment because of arbitrary and interminable “hiring freezes.”

(9) Employers refusing to hire would be required to pay an additional “crime tax.”

Sociologists and criminologists agree that “the best cure for crime is a job.” Thus, employers who refuse to hire contribute to a growing crime rate in this Nation. Such non-hiring employers would be required to pay an additional tax, which would be earmarked for agencies of the criminal justice system at State and Federal levels.

(10) The seeking of “economic incentives” by companies in return for moving to or remaining in cities/states would be strictly forbidden.

Such “economic incentives” usually:

  1. allow employers to ignore existing laws protecting employees from unsafe working conditions;
  2. allow employers to ignore existing laws protecting the environment;
  3. allow employers to pay their employees the lowest acceptable wages, in return for the “privilege” of working at these companies; and/or
  4. allow employers to pay little or no business taxes, at the expense of communities who are required to make up for lost tax revenues.

(11) Employers who continue to make such overtures would be prosecuted for attempted bribery or extortion:

  1. Bribery, if they offered to move to a city/state in return for “economic incentives,” or
  2. Extortion, if they threatened to move their companies from a city/state if they did not receive such “economic incentives.”

This would protect employees against artificially-depressed wages and unsafe working conditions; protect the environment in which these employees live; and protect cities/states from being pitted against one another at the expense of their economic prosperity.

, , , , , , , , , , , , , , , , , , , , , ,

“BRANDING” AND BARBARISM: PART ONE (OF THREE)

In Bureaucracy, Business, Law, Politics, Social commentary on May 6, 2013 at 12:07 am

Would you agree to be permanently mutilated in return for a 15% commission raise by your employer?

Rapid Reality, a New York-based residential real estate brokerage firm, made that offer to its 800 employees, and nearly 40 of them agreed to permanently ink themselves with the company logo.

“I don’t see myself going anywhere, and if I have it on my arm, it’ll force me to keep going and working hard,” Brooklyn-based broker Adam Altman said in a Rapid Realty video  while getting the tattoo. “It’s there for life. Rapid for life, yo.”

Rapid Realty tattoos

And who came up with this new idea in employer barbarism?  Why, no less than Anthony Lolli, the founder of the comopany.

“They wear it like a badge of honor,” said Lolli. “They get a lot of respect from the other agents with the amount of commitment that they have.”

Lolli claimed that the new tatoos help brokers close deals because clients “love the fact there’s someone who’s 100% dedicated to the business.”

Bragging about his brainchild, Lolli tweeted:  “Talk about marketing–they’re walking billboards!”

Click here: Rapid Realty discusses company tattoos – YouTube

For thousands of years, slaves in the ancient world were branded with the mark of their master.  So were slaves in America before the Civil War finally ended 300 years of slaveocracy throughout the South.

During the 20th century, the Nazis tattooed each arriving inmate to their ever-expanding series of extermination camps such as Treblinka and Auschwitz.

Concentration camp inmate tattoo

Behind the practice of branding has always been the equation of “Who/Whom?”  As in: “Who can do What to Whom?”  The one who does the branding is the Conqueror; the one being branded is the Vanquished.

The same holds true for the work-slaves of American corporations as it did for those of the ancient Romans and 20th-century Nazis.

Behind this is the fear American employees justifiably have that, no matter how well or faithfully they work, their employer will cast them into the street.  And, if he does, it will most likely be to pocket their salaries for himself.

The Thirteenth Amendment was supposed to end slavery within the United States.  But the corrupting financial  power of corporate America has turned American workers into so many wage-slaves.

All of which serves as another reason why the United States needs an Enployers Responsibility Act (ERA).

If passed by Congress and vigorously enforced by the U.S. Department of Justice and Labor, an ERA would ensure full-time, permanent and productive employment for millions of capable, job-seeking Americans.

And it would achieve this without raising taxes or creating controversial government “make work” programs.

Such legislation would legally require employers to demonstrate as much initiative for hiring as job-seekers are now expected to show in searching for work.

An Employers Responsibility Act would simultaneously address the following evils for which employers are directly responsible:

  • The loss of jobs within the United States owing to companies’ moving their operations abroad—solely to pay substandard wages to their new employees.
  • The mass firings of employees which usually accompany corporate mergers or acquisitions.
  • The widespread victimization of part-time employees, who are not legally protected against such threats as racial discrimination, sexual harassment and unsafe working conditions.
  • The refusal of many employers to create better than menial, low-wage jobs.
  • The widespread employer practice of extorting “economic incentives” from cities or states in return for moving to or remaining in those areas.  Such “incentives” usually absolve employers from complying with laws protecting the environment and/or workers’ rights.
  • The refusal of many employers to provide medical and pension benefits—nearly always in the case of part-time employees, and, increasingly, for full-time, permanent ones as well.
  • Rising crime rates, due to rising unemployment.

Among its provisions:

(1) American companies that close plants in the United States and open others abroad would be forbidden to sell products made in those foreign plants within the United States.

This would protect both American and foreign workers from employers seeking to profit at their expense. American workers would be ensured of continued employment. And foreign laborers would be protected against substandard wages and working conditions.

Companies found violating this provision would be subject to Federal criminal prosecution. Guilty verdicts would result in heavy fines and lengthy imprisonment for their owners and top managers.

(2) Large companies (those employing more than 100 persons) would be required to create entry-level training programs for new, future employees.

These would be modeled on programs now existing for public employees, such as firefighters, police officers and members of the armed services. Such programs would remove the employer excuse, “I’m sorry, but we can’t hire you because you’ve never had any experience in this line of work.” After all, the Air Force has never rejected an applicant because, “I’m sorry, but you’ve never flown a plane before.”

This Nation has greatly benefited from the humane and professional efforts of the men and women who have graduated from public-sector training programs. There is no reason for the private sector to shun programs that have succeeded so brilliantly for the public sector.

, , , , , , , , , , , , , , , , , , , , , , ,

IS THERE A HITLER IN YOUR CEO?

In Bureaucracy, Business, Politics, Social commentary on May 3, 2013 at 12:35 am

Would-be CEOs and Fuehrers, listen up: Character is destiny.

Case in point: The ultimate Fuehrer and CEO, Adolf Hitler.

Ever since he shot himself in his underground Berlin bunker on April 30, 1945, historians have fiercely debated: Was der Fuehrer a military genius or an imbecile?

With literally thousands of titles to choose, the average reader may feel overwhelmed. But if you’re looking for an understandable, overall view of Hitler’s generalship, an excellent choice would be How Hitler Could Have Won World War II by Bevin Alexander.

How Hitler Could Have Won World War II

Among “the fatal errors that led to Nazi defeat” (as proclaimed on the book jacket) were:

  • Wasting hundreds of Luftwaffe pilots, fighters and bombers in a half-hearted attempt to conquer England.
  • Ignoring the pleas of generals like Erwin Rommel to conquer Syria, Iraq and Saudi Arabia–thus giving Germany control of most of the world’s oil.
  • Attacking his ally, the Soviet Union, while still at war with Great Britain.
  • Needlessly turning millions of Russians into enemies rather than allies by his brutal and murderous policies.
  • Declaring war on the United States after the Japanese attacked Pearl Harbor. (Had he not done so, Americans would have focused all their attention on conquering Japan.)
  • Refusing to negotiate a separate peace with Soviet dictator Joseph Stalin–thus granting Germany a large portion of captured Russian territory in exchange for letting Stalin remain in power.
  • Insisting on a “not one step back” military “strategy” that led to the unnecessary surrounding, capture and/or deaths of hundreds of thousands of German servicemen.

As the war turned increasingly against him, Hitler became ever more rigid in his thinking. He demanded absolute control over the smallest details of his forces. This, in turn, led to astounding and needless losses in German soldiers.

One such incident was immortalized in the 1962 movie, The Longest Day, about the Allied invasion of France known as D-Day.

On June 6, 1944, Rommel ordered the panzer tanks to drive the Allies from the Normandy beaches. But these could not be released except on direct order of the Fuehrer.

As Hitler’s chief of staff, General Alfred Jodl, informed Rommel: The Fuehrer was asleep–and, no, he, Jodl, would not wake him.

By the time Hitler awoke and issued the order, it was too late.

Nor could he accept responsibility for the policies that were clearly leading Germany to certain defeat. Hitler blamed his generals, accused them of cowardice, and relieved many of the best ones from command.

Among those sacked was Heinz Guderian, creator of the German panzer corps–and thus responsible for its highly effective “blitzkrieg” campaign against France in 1940.

Heinz Guderian

Another was Erich von Manstein, designer of the strategy that defeated France in six weeks–something Germany couldn’t do during the four years of World War 1.

Erich von Manstein

Finally, on April 29, 1945–with the Russians only blocks from his underground bunker in Berlin–Hitler dictated his “Last Political Testament.” Once again, he refused to accept responsibility for unleashing a war that would ultimately consume 50 million lives:

“It is untrue that I or anyone else in Germany wanted war in 1939. It was desired and instigated exclusively by those international statesmen who either were of Jewish origin or worked for Jewish interests.”

Hitler had launched the war with a lie–that Poland had attacked Germany, rather than vice versa. And he closed the war–and his life–with a final lie.

All of which, once again, brings us back to Niccolo Machiavelli, the father of political science.

In his classic book, The Discourses, he wrote at length on the best ways to maintain liberty within a republic. In Book Three, Chapter 31, Machiavelli declares: “Great Men and Powerful Republics Preserve an Equal Dignity and Courage in Prosperity and Adversity.”

It is a chapter that Adolf Hitler would have done well to read.

“…A truly great man is ever the same under all circumstances. And if his fortune varies, exalting him at one moment and oppressing him at another, he himself never varies, but always preserves a firm courage, which is so closely interwoven with his character that everyone can readily see that the fickleness of fortune has no power over him.

“The conduct of weak men is very different. Made vain and intoxicated by good fortune, they attribute their success to merits which they do not possess, and this makes them odious and insupportable to all around them.

“And when they have afterwards to meet a reverse of fortune, they quickly fall into the other extreme, and become abject and vile.

“Thence it comes that princes of this character think more of flying in adversity than of defending themselves, like men who, having made a bad use of prosperity, are wholly unprepared for any defense against reverses.”

Stay alert to signs of such character flaws among your own business colleagues–and especially your superiors. They are the warning signs of a future catastrophe.

, , , , , , , , , , , , , , , , , , , ,

WHY REGULAR JOBS PROGRAMS DON’T WORK

In Bureaucracy, Business, Politics, Self-Help, Social commentary on May 2, 2013 at 12:18 am

Imagine this: A future President seeks to disband the FBI—and offer bribes to career criminals to not rob, rape and murder. And to sell his proposal, he chooses as his slogan: “Let criminals be criminals.”

If that sounds impossible, consider this: Politicians on both the Right and Left have adopted just that mindset toward holding corporate employers accountable for their criminal greed and irresponsibility.

Case in point: The Obama administration has signaled that it may adopt a Georgia program that allows businesses to train jobless workers for two months without having to pay them.

Its supporters claim the program—Georgia Works—lets workers get their foot in the door and reduces businesses’ hiring risks. Unions assert that it exploits workers and violates federal labor laws.

The drawbacks to this program:

  • It’s only open to workers receiving unemployment insurance benefits.
  • Businesses have no obligation to hire participating workers.

Mississippi, in turn, has launched the Subsidized Transition Employment Program and Services. Funded with left-over stimulus dollars, it initially covers 100 percent of an employee’s wages, gradually reducing the subsidy for every 160 hours worked.

Its drawbacks:

  • It lasts only four months—from August to December, 2011.
  • Businesses will be excluded from the program if funds are exhausted or the September 30 enrollment deadline has passed.
  • Only 80 companies had signed up for the program by early September.

Then there’s the Minnesota solution. Instead of adopting Senator Al Franken’s proposal to use public monies to subsidize wages, Congress enacted the Hiring Incentives to Restore Employment Act. This gave businesses $13 billion worth of tax credits for hiring unemployed workers.

The drawbacks to this effort:

  • The measure has not been evaluated.
  • It does not require employers to hire.

In Connecticut, another jobs program, Platform to Employment, puts workers through a four-week training period followed by an eight-week tryout at a participating business.

During the tryouts, the employees’ wages are paid by The Workplace, Inc., a private company which raised enough funds to support 100 jobs starting this fall.

The drawbacks to this are:

  • Employers get, in effect, free labor.
  • Only those who have already exhausted 99 weeks of unemployment benefits are eligible.
  • Employers have no obligation to hire participating workers.
  • The funds will create only 100 jobs.
  • Employers are not required to participate in the program.

Meanwhile, the unemployment rate keeps steadily rising. In 2007, 228,000 people were unemployed for 99 weeks or longer, according to the Bureau of Labor Statistics.

Today more than 2 million Americans have been unemployed for at least 99 weeks—the cutoff point for unemployment insurance in the hardest-hit states.

And the longer a person is out of work, the less likely s/he is to find an employer willing to hire.

What all these “job creating” programs have in common is this: They apply plenty of carrots–but absolutely no sticks.

Bribes–in the form of tax credits or tax breaks–are liberally applied to entice employers to behave like patriots instead of parasites. But for employers whose refusal to hire condemns their country to economic catastrophe–there are no penalties whatsoever.

A policy based only on carrots is a policy of bribery. A policy based only on sticks is one of coercion. Some people can’t be bribed, and some can’t be coerced. But nearly everyone is open to a policy of rewards and punishments.

Thus, corporations across the country are now sitting atop $2 trillion in profits. But their CEOs are using those monies for:

  • Enriching themselves, their bought-off politicians, their families—and occasionally their mistresses.
  • Buying up other corporate rivals.
  • Creating or enlarging companies outside the United States.

In short, the one expense they refuse to underwrite is hiring their fellow Americans.

This is because:

  • They want to pay their un-American employees far lower wages than would be tolerated by employees within the United States.
  • They want to escape American employee-protection laws–such as those mandating worker’s compensation or forbidding sexual harassment.
  • They want to escape American consumer-protection laws–such as those banning the sale of lead-contaminated products (a hallmark of Chinese imports).
  • They want to escape American laws protecting the environment–such as those requiring safe storage of dangerous chemicals.

They want, in short, to enrich themselves at the direct expense of their country.

In decades past, this used to be called treason.

Yet no major political figure–on the Left or Right–has so far dared to blame employers for selling out their country and destroying its economic prosperity.

No job-seeker, however well-qualified and -motivated, can hire himself onto an employer who refuses to hire.

But corporate CEOs–and their paid political stooges–continue to blame the unemployed for being unable to find employers willing to honor their integrity, qualifications and initiative.

Related image

Americans generally–and the unemployed and under-employed in particular–must hold corporate America accountable for its criminal greed and irresponsibility.

Until they do, the United States will continue to sink further into decline–economically, socially and politically.