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Re: unions, EO & privatization



Title: RE: unions, EO & privatization
    Please see the cog library files on the crocus fund.  This fund has an interest in what you are saying.  The fund does not rely on pension funds for investing into ESOPs.  Rather, the fund uses invested money to work with ESOPs.
Joseph
----- Original Message -----
Sent: Thursday, October 07, 1999 9:19 AM
Subject: RE: unions, EO & privatization

Unions have large pension plan that invest in assets not limited to large publicly traded U.S. corporations. Why not use some of that cash to fund employee buyouts in companies where unions are present or have union membership a requirement for the loan? What's best for employees in the 21st century is ownership......most likely at the majority level.

Tim Regnitz    
Principal      
BCI Group      
1-800-705-4964
tregnitz@bcigroup.com

    -----Original Message-----
    From:   Dan Bell [SMTP:dbell@kent.edu]
    Sent:   Wednesday, October 06, 1999 12:25 PM
    To:     EOpriv@cog.kent.edu
    Subject:        Re: unions, EO & privatization

    Hello fellow EOPRIVers!

    I would like to add a thought to the discussion going on
    about the role of unions in companies with employee ownership.
    From my point of view, this is relevant to the discussion on
    Employee Ownership in Privatization, because state-owned
    enterprises often have employees represented by unions and
    this can have an impact on the process.

    The union role can be divided into two areas here.
    1. Union role vis-a-vis the process of privatizing
    2. Union role in the employee-owned company after
       privatization has taken place

    Regarding #2 (the post-privatization role), the union
    role is no different than in any other company making a
    transition from conventional to employee ownership.
    A. Protect the individual members: Unions are the
       judicial branch which protects the rights of individuals
       before the awesome power of the executive branch
       (management). Even where management is accountable
       to the workers as shareholders, as are our government
       officials to the voters, an individual worker or
       voter still needs judicial protection.
    B. Organize the workers' ownership into a coherent
       voting block. Where workers are merely individual
       and unorganized shareholders, their interests can
       be divided and conquered.
    C. Develop an ownership culture among workers: Together
       with management, union leaders can oversee the
       establishment of an employee involvement structure,
       and an ownership education and training program,
       which helps workers develop the new skills and
       knowledge to act as owners.

    Regarding #1 (privatization process role), the union's
    role is to protect its memberships' interest, and seek
    the outcome which is best for its membership.
    At a macro-level, the union should influence laws which
    establish the ground rules for privatization which give
    employees the opportunity to participate in the new
    ownership structure in a meaningful way.
    At a micro-level this could be:
    A. Fight privatization: The taxpayer/voter can be convinced
       that the service provided is appropriately subsidized with
       tax dollars. There are three interests at stake: taxpayer,
       consumer, worker. These three groups overlap but are not
       identical. If the taxpayer stops subsidizing, this cost
       is either passed on to the consumer (pays more out of pocket
       or loses the service), or to the workers (reduced number
       of jobs or reduced wages and benefits or both).
    B. Accept the inevitable and seek the best outcome: If the
       taxpayer/voter cannot be convinced to subsidize, then the
       government will stop providing the service. The union
       can:
     1. Oversee a feasibility study which shows how the new
        private company will provide the service at a price
        which the market will support. Once the amount of total
        probable revenue is identified, then the union has to
        maximize the share which its members will get.
     2. Negotiate the tough choices. In all likelihood, this total
        will be less than what it was before because the
        taxpayer subsidy is gone. To maintain the previous
        level of income for all the members, the new company
        will have to both get more output from each worker and
        expand its activities to generate greater sales.
        Otherwise, the smaller pie will mean that the current
        employees are kept at the current level of productivity
        and wages are reduced, or the current workforce is
        reduced and and the current level of productivity is
        increased. Part of this equation can include the
        additional income / capital acquisition which can
        come from an ownership stake either gifted to employees
        by the state or acquired by the employees with credit
        made accessible to employees by the state.
     3. Negotiate a voice in the long term strategy of the
        company. One possibility is majority employee ownership,
        but depending on co-determination laws in a particular
        country, this may not be the only option.
     4. Negotiate the ability of the union's membership to
        acquire capital in the privatization deal. This can
        include the gifting of some or all of the state's
        ownership to employees (a taxpayer subsidy), and/or
        providing the employees with access to credit to
        purchase the enterprise at a market price (one which
        can be repaid out of the future earnings). At a
        minimum, any enterprise capital to be financed out
        of future earnings should be sold to the employees
        (and possibly the broader community). The only reason
        to seek private investors should be where additional
        investment is needed for expansion, modernization, etc.
        Just as the employees are getting a market return on
        the value of the existing assets in order to repay the
        acquisition loan, the private investor should get a
        market return on the additional assets brought to the
        company with her or his investment.
    C. In some cases, a state-owned enterprise is a profitable
       entity to begin with and actually subsidizes the state
       coffers. In this case, there is no question about the
       feasibility of the new business. Union leaders should
       organize an employee buyout just as they would when any
       profitable business goes on the market.

    I look forward to hearing from others on where my opinions
    here make sense, and where (and why) I am off base.

    Thanks


    --
    Dan Bell
    International Program Coordinator
    Ohio Employee Ownership Center
    Kent State University
    Kent, OH 44242
    (330) 672-3028
    (330) 672-4063 fax
    dbell@kent.edu
    http://www.kent.edu/oeoc/