State Treasurer Phil Angelides and other members of the
union-dominated board of the California Public Employees' Retirement System
have been conducting a noisy crusade in recent weeks for what they portray
as improving the governance of corporations in which the $166 billion
pension fund has investments.
The public rationale for the reform drive, which targets specific companies
and directors, is that cozy relationships between corporate management
and directors lead to Enron-like accounting scandals that drive down the
value of stock holdings and thereby damage the interests of investors.
Were that the crusade's only motive, it would be praiseworthy. But it's
becoming increasingly clear that Angelides and CalPERS' leadership have
other motives that are just as self-serving as the corporate governance
practices they decry.
What's happening with CalPERS, the nation's largest pension fund, is part
of a larger, nationwide effort by labor unions to gain leverage with corporations
by wielding the investment power of public pension funds. For Angelides,
who is positioning himself to run for governor in 2006, the crusade is
a two-fer. He can simultaneously burnish his credentials as a corporate
reformer, thus exploiting public dismay over the recent spate of accounting
scandals, and build relationships with the unions that wield huge influence
within the Democratic Party.
By selecting specific corporate targets, meanwhile, unions can cause problems
for the corporations with which they are conducting contract negotiations.
And a case in point is Safeway, the Pleasanton-based supermarket chain
that CalPERS singled out, demanding not only changes on its board of directors
but the ouster of Chief Executive Officer Steven Burd.
In response to public complaints from CalPERS and four other public pension
funds (which collectively own about 2 percent of Safeway's stock) about
too-close ties between Safeway and its directors, the company this week
replaced three directors and announced that Paul Hazen, a former chairman
of Wells Fargo Bank, was named as "lead director" to lend more
credence to the independent members of the board. Pointedly, however,
Burd refused to step down, and CalPERS was not mollified.
"Safeway's actions are a thinly veiled attempt to mollify shareholders,"
Rob Feckner, head of CalPERS' investment committee, said in a statement.
Feckner went on to call the board change "a manipulative action"
aimed at diverting attention from Safeway's performance.
What makes the Safeway situation especially contentious is that under
Burd, the firm took a very hard line with striking grocery store clerks
in Southern California during the recently settled strike/lockout (Safeway
also owns the Vons and Pavilions chains), and the head of the CalPERS
board, Sean Harrigan, is a high-level official with the striking grocery
clerks union. And with contract negotiations pending in Northern California,
it's obvious that Harrigan has a vested interest in inflicting some damage
on Safeway (he did not respond to requests for comment on the situation).
Two ironies attach themselves to the Safeway-CalPERS imbroglio.
One is that while CalPERS' official reason for naming the firm as a corporate
governance target is its financial performance, the grocer's hard line
on contract negotiations was aimed at reducing costs and therefore protecting
its bottom line. If Safeway were to sign the kind of contract Harrigan's
union wants, its profits would plummet and it could be criticized by investors
such as CalPERS for being too soft.
The second is that while CalPERS attacks the financial performance of
Safeway and other targeted firms, its own investment performance has been
less than stellar in recent years, running below national pension fund
averages - and that's why taxpayers are now being hit hard to pay for
the inflated pensions that CalPERS urged former Gov. Gray Davis, the Legislature
and local governments to adopt.
The overriding issue is this: Should those who control public pension
funds concentrate on improving investment returns and thus serve the interests
of pensioners and taxpayers, or should they pursue other agendas that
have little or nothing to do with their primary duties?
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