Corporate Reform

 

The bottom line is the 'Quality in the Iron' that makes up our industries

Industry is the Backbone of our Country:

American Corporations when ethically managed have provided the Iron in the vertebrae of our nation. This is in terms of the industries they serve, the American citizens that they employ and the shareholder value they contribute in the economy.
    Smelting Iron was one of the duties and activities of pride for the people of Maoist China. The fault they eventually confronted was the impurities discovered in that Iron that was so depended on for the strength of their nation. There were limited controls in place to assure the true quality of the resource intended.
American Corporations must have their ethics continually held accountable in order to serve their respective industries, to expect quality in employee loyalty, and to provide an accurate representation of shareholder value. This is while also respecting the communities that they operate in.

In many cases, the Perception of Shareholder value has taken precedence above and beyond the ethics of corporate governance, which ultimately impacts the industries they serve, the people they employ, the communities of their employees, and therefore their actual or lack of real contribution to the U.S. economy. Additionally these costs, although translatable to a settled monitory measure, are also expressed in ways where their measures cannot be ultimately assessed.

Fundamentally, our corporations are creating the scoliosis in the backbone of our nation when having a nearsighted approach to quarterly reports. Settled monitory measures can be viewed as the net costs, where the gross costs are generally in the areas of national and economic security, environmental impact, cost of human life, and / or human health, and in under minding the viability of the actual industries that they serve. This is while impacting the standards of work and living, of employee communities.

Simple examples are the chemical industry, energy/Oil, The Food Industry, The Airline Industry, Tobacco Pharmaceuticals, Banking and Credit, Insurance, as well as a list that grows continually. Some of the most notorious are Union Carbide which would not disclose the formula for a pesticide that killed over 15,000 in India, and has affected the health of an additional 500,000 people there; and General Electric who polluted the Hudson River with PCBs.

The 'perception of Shareholder value' is a near sighted outlook which only serves the immediate conveniences of Corporate Governance, and not the shareholders of a publicly held corporation, nor the employees and the communities that they operate in.

The values of corporate governance in the 20th century have become diluted in scope to "Me, myself, and I'. This ultimately short changes itself in the long run while undermining the quality in the industry of its focus. To get away with what one can with only having to meet minimal standards in best practice and compliance is not excellence in an industry, nor fair labor rights, but just very expensive 'lip service' in offering the perception of packaged sound byte termed 'Excellence'.

When disaster occurs from the near sighted actions of corporations, State Attorney Generals are typically the first to be called to champion the issues if not the NASD. When it comes to labor issues, the employee's have to rely on the strength of their unions. Federal Government entities are likewise intended to work with these State elected officials, and unions, and when required, Senate investigations, and legal trials can ensue.
The result, if there is one, is typically one to two 'fall guys' are picked, fines are imposed on the corporate entity, and then back to business as usual where necessary in using a new corporate name.
Recent examples of this are Enron, Arthur Andersen, Worldcomm, and CitiCorp. Others also fill the rosters of litigation such as Philip Morris Tobacco that was converted to Altria, which is becoming further diversified further before legal action can find its teeth.

The bottom line is simply the 'Quality in the Iron' that makes up our industries; and therefore the viability of the communities that must rely on the resultant economy. The Federal Government has the responsibility to ensure, in an unfettered manner for the American people, as well as our neighbors, that best standards of practice are clearly established at a very high bar of sustainability.

When uncompromised through sincere Lobbyist reform, the American People can be assured of the Federal and State Government's due diligence and absence of complicity in dealing with Corporate Reform, and the assurance standards for true industry excellence, and the regard for fair labor representation.

Industry Labor Management:

Labor Unions in of themselves have been the subject of abuse, but have for the most part served their purpose in providing an important representation for its workers. The bottom line, where there is a Union for an industry, the labor force has a better chance of not being exploited, and hence our economy.

Some of the early examples are the evolution of the Union for Coal Miners, and then the Automotive Industry. Today, there are a number of Unions that represents America's Labor, and in some where it is not.

Corporate Outsourcing of foreign labor and in investing in off shore manufacturing has been the answer to Union Representation. As this ultimately undermines both our economy, and the level of employment in our country, it is addressed in the Balanced Trade Proposal.

Where there is not Union representation in an industry in the United States, our economy and jobs have actually been impacted by foreign labor forces who are willing to work at even less than previous market rates.

Technically, an immigrant cannot work here legally if they are taking a job away from an American person - that is the State Department rule. The percieved reason why there are so many immigrants working in certain sectors is because there is a shortage of required workers. So who told the State Dept. that there is a shortage of American workers, was it commercial enterprise ?

Affirmative Action Policies and Practices will be pursued for compliance by all employers that operate within the United States. All United States based Employers will further be required to be in compliance with the polices and practices in the hiring and employment of U.S Citizens that work, or are employed off shore on behalf the employer.

Further, Affirmative Action has to be examined for its effectiveness and relevance in protecting jobs for US Citizens over and above foreign visitors that have Visa Sponsored Labor offerings at below market salary value.

AFL-CIO intitiaves will be supported with respect to the need to afford Union Dues by non-union workers within Union places of work where union labor is performed in an equivalent manner, focus and scope in employee performance and responsibilities. These Union Dues on Non Union workers are to ensure for the Non-Union Worker, the same representation, rights and benefits that are afforded to Union workers of the same classification within the same work place of employment.

In non-Union workplaces, Union petition is to be permitted in all industries, and US based companies. Union formation is to be only accepted by a 2/3 vote by employees within the workplace in question. Voting is to be held in privacy such as in the manner of government elections, and vote counting to be performed by impartial and objective means by a notary public that is not directly, nor indirectly related to the industry, nor Union in question.

Where there is and where there is not Union representation, the Federal Government must be more proactive in managing wage rates, where Wage Gouging can be avoided by commercial interests.

Compliance Management:

o State Attorney General Filings: Federal Government and State Government need to have reciprocity in terms of corporate documentation, and in case management. The State Attorney General's Office is normally the first place where issues of compliance occur. In order to avoid post facto case load ( Disasters ), and to assist in early detection of non-compliance, Corporations should be required to file Corporate Compliance documentation on a quarterly basis with the State Attorney General's Office in the state of incorporation.
  • Through Federal Record Management, Attorney Generals from other states where a corporation conducts operations, other than the one they are incorporated will be able to access and file issues pertaining to the out of state corporation.

  • It is up to the State Attorney General to provide the Industry specific Compliance Forms, and it is up to the Federal Government to maintain such records on behalf of the States.
o Industry Audit Filings: Corporations in the Industries they serve are to file on a 6 month basis with the State Attorney General's office compliance ranking with state and federal standards for the specific Industry(s) that they serve. This compliance is to include in scope, all on shore, and offshore activities in the Industry in question, where compliance is based on 'On Shore Standards'.

Restitution:

Settlements can be considered only part of the minimum in resolve, where restitution can call for the freezing of assets, assurance of Employee benefits, and pay out to shareholders, and those in class action suites; removal of patent rights; removal of listing in the Stock Exchanges; Prevention of diversification of the corporate vale into other industries, and M&A interests from other corporations; prevention of further business in the United States, or from an off shore alias; and serious jail time for entire corporate boards, and others identified for their complicity, as well as their personal assets confiscated for lost employee wages and related creditors.

In this manner, the Federal Government will serve to ensure the backbone of this country.

Orion Karl Daley
Orion Karl Daley
Balanced Party Presidential Candidate  for 2008