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Baton Rouge attorney J. Arthur Smith, III, has been named president of a new political action committee (PAC) founded in an attempt to stem the growing trend of economic, religious, gender, racial and healthcare discrimination against American employees.

Stand Up for Workers (SU4W) “was established by people who care about the basic rights of the American worker. We seek to protect the right to a fair and livable wage and benefits; to receive fair and humane treatment in the workplace, including work with dignity; and to have full access to justice, including the right to trial by jury,” according to its web page.

A little background is in order here.

The formation of the new PAC is realistically challenged with overcoming nearly a 50-year head start by big business and business-backed Republican elected officials who, indebted to corporate PACs, have given their tacit approval to the more subtle means of employee discrimination. At the same time, open endorsement has been given the so-called Powell Memorandum of 1971 by then-corporate attorney Lewis Powell, Jr., who shortly after writing his memo, was appointed to the U.S. Supreme Court by President Nixon.

The MEMORANDUM, written specifically for the U.S. Chamber of Commerce, was entitled “Attack on the American Free Enterprise System” and served as a master plan for conservative business interests to retake America from the so-called New Deal era. It was supposed to have been confidential, but was discovered an published by columnist Jack Anderson following Powell’s appointment to the Supreme Court.

Powell, who had served as corporate attorney and director on the board of Phillip Morris until his appointment to the Supreme Court, was an unabashed champion of the tobacco industry during his term on the court as well as an opponent of reforms to the automobile industry prompted by Ralph Nader’s expose’ Unsafe at Any Speed, which revealed the auto industry’s higher priority on profits than on safety. Powell called Nader the chief antagonist of American business.

The memo, which foreshadowed several of the Powell court’s opinions served as the blueprint for the rise of the American conservative movement and the formation of a spate of right-wing think tanks like the American Legislative Exchange Council (ALEC) and lobbying organizations and also inspired the U.S. Chamber of Commerce to become more active in the political arena.

Conversely, as the chamber’s and other conservative organization’s influence gained strength in Washington, the political clout of organized labor weakened, further silencing the voice of American workers.

Following is the full press release announcing the formation of SU4W, as well as a link to the organization’s web page:

 

A group of worker advocates from across the nation has announced founding of a specialized political action committee, “Stand Up for Workers” (SU4W), dedicated specifically to the needs and concerns of American workers.  https://standupforworkers.org/    SU4W is a hybrid PAC, comprising both a traditional PAC and a super PAC.

“Despite recent promises of improvements in work life conditions for working Americans, the plight of middle and lower income workers has, if anything, become more dire,” said Baton Rouge attorney J. Arthur “Art” Smith, III, President of SU4W.

Mr. Smith is a 47 year veteran employee-side litigator in Louisiana. He has litigated numerous trials and appeals in labor and employment on behalf of both employees and unions. He is a fellow of the College of Labor and Employment Lawyers, and has served in numerous positions with the Louisiana Association for Justice, including membership on the Board of Governors, and chair of both its employment and civil rights committees.

SU4W Vice President James Kaster, a Minneapolis, MN attorney, is an experienced trial lawyer who concentrates on representing plaintiffs in employment cases. He is one of only a few plaintiffs’ lawyers who is a member of both the College of Labor and Employment Lawyers and the American College of Trial Lawyers, a group limited to one percent of America’s trial attorneys.  Mr. Kaster has also been a frequent lecturer at continuing legal education seminars and has been active in bar activities, including serving as President of the National Employment Lawyers Association.

“Until now there has been no group specifically dedicated to supporting political candidates committed to sponsoring and voting for legislation aimed at concrete measures that will produce better conditions for the American workers whose labor has formed the backbone of our country’s prosperity,” Mr. Smith said. SU4W will support candidates for all federal offices and will engage in other activities in support of working Americans, such as providing accurate information about candidates, proposed legislation and policies.

Most lower- and middle-income American workers have seen stagnant wages for decades, while executive and professional income has risen astronomically, Smith noted. Efforts to better the lives of workers through measures such as affordable health insurance have been consistently attacked and undermined by the current administration in Washington.

SU4W focuses on three goals:

  • more equitable pay for workers;
  • fair and humane treatment in the workplace, and
  • full access to justice, including trial by jury. Trial rights have been substantially eroded by the advent of arbitration agreements extracted from workers through the threat of not being hired.

SU4W will solicit applications for support from candidates, and will engage in a careful vetting process to ensure that the candidates selected satisfy a clear set of criteria showing they will include support for workers among their top priorities.  SU4W will study recent election returns to identify districts where pro-worker candidates will have the best chance of success.

The need for advocacy on behalf of workers extends beyond the issues of income and access to affordable health care, Smith noted. Incidents of degrading treatment at work, including racial, religious and sexual discrimination, are on the rise, and many employers have failed to prevent  abuse or act against it.

Founding members of SU4W are from California, Colorado, Connecticut, Louisiana, Massachusetts, Minnesota, New York, North Carolina, Ohio and Texas.  Among its leadership are some of the country’s most prominent attorneys whose legal practices are committed to enforcing employee rights.

For more information about SU4W, to make a donation, or find out how to apply for support, visit the website at https://standupforworkers.org/

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Over the years, I have taken Troy Hebert to task over his tenure as head of the Louisiana Office of Alcohol and Tobacco Control (ATC). I even had to give a deposition in a lawsuit filed against Hebert by one of the agents he fired.

But I would be remiss if I did not now point out that we are in complete agreement on at least three issue: the failure of both political parties to represent Americans, lobbyists, and campaign finance.

On August 27, Hebert appeared along with Melissa Flournoy on the Jim Engster Show on Louisiana Public Radio. Both served in the Louisiana Legislature and Engster had them on together to present their viewpoints from the left (Flournoy) and the right (Hebert).

Flournoy correctly pointed out that gubernatorial candidates Eddie Rispone and U.S. Rep. Ralph Abraham are placing far too much emphasis on their being in lockstep with Donald Trump, who has proven that anyone can indeed become president—even the mentally deranged.

“I’m a little surprised (they) have embraced the President so much. I’m ready for them to talk about their vision for Louisiana and the kind of leadership they can provide,” she said. “I don’t think liking the President is good enough reason to be governor. I’m ready for the governor’s race to pivot to the real issues in Louisiana—education, health care, infrastructure and making Louisiana better.

“People don’t want to talk about solutions. We stand on different sides of the street and shriek at each other when we really ought to be focusing on solutions where we can work together.”

Hebert, a staunch Trump supporter. As a former legislator and member of the Jindal administration, nailed it when he said, “Neither party is getting done what needs to be done in this country.”

Hebert would seem qualified to speak to that issue, having been a member of each party but who now calls himself a “conservative independent. I served on both (parties) and just couldn’t take either one of them.”

He then fired a broadside at the Louisiana Association of Business and Industry (LABI). “As somebody who was in the legislature for 16 years as both a senator and a representative, I think big business owns the legislature and owns many officials.

“The little man is either dead or on life support in the legislature,” he said. “Why don’t you just pull up the campaign finance reports and find out who gives to these candidates.” LABI, he said, is “so blatant that they hinge their support on … a report card they give every year. And you have to score a certain percentage in order to receive funding from LABI when you run for re-election.

“I can’t tell you how many times I approached legislators with a bill I thought was a good idea to help the little guy and they said, “… This is a really good bill but the problem is LABI is against it and if I vote for it, they’re going ding me on their report card and I’m not gonna get money.”

Flournoy agreed, saying that LABI and the Chemical Association control and big corporations “… control and influence every decision made in Louisiana. They’re looking out for their interest and not for the people of Louisiana.”

Hebert, while agreeing with Flournoy, took his argument a step further by attacking the emphasis on money politics and how it even affects the media.

“The media judges a candidate’s ability by how much month they have in the bank. If you look at every report when the news comes on, when they talk about this governor’s race, they don’t talk about their ideas or what their policies are. They talk about how much money they’ve raised.

“When I ran for the U.S. Senate (in 2016), they had a debate put on by LPB (Louisiana Public Broadcasting) and you had to have a million dollars in order to be on the debate stage. So, the media also is responsible and is guilty for bringing money into play.

“The regular working guy who would want to run for office, the media won’t even let them in.”

Turning to the 2020 presidential campaign, Hebert said Joe Biden is probably the only Democrat in a crowded field who could give Trump a decent run but because he’s more moderate. “But watch the Democrats cannibalize Joe Biden. He’s going to be eaten by his own. The people in charge of the Democratic Party will not allow Joe Biden to be the nominee.”

Flournoy, while agreeing that the Democratic Party is moving too far to the left, said she does not believe we have seen the candidate who will end up running against Trump. “There’re going to be some late entries,” she said.

If I were a TV news analyst, I would sum up that appearance by pointing out that Melissa Flournoy and Troy Hebert are in agreement on more issues than those on which they disagree and that the common culprit is the influence of LABI and its big business membership on the Louisiana Legislature to the detriment of the citizens of Louisiana.

But the really unique aspect of Hebert’s diatribe against the influence of big money and big business on politics is that as he spoke, I found myself nodding in full agreement with someone about whom I had written many negative stories.

 

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The news release by last September said that former Gov. Bobby Jindal had been appointed to the board of directors of by Wellcare Health Plans, Inc., of Tampa, Florida.

Yawn. Ho-hum. Has LouisianaVoice become so desperate for stories that it resurrects a nine-month-old news release?

Well, things have been a little slow of late. Even the recently-adjourned legislative session failed to generate any surprises other than the usual parties, dinners at Baton Rouge’s most expensive restaurants and hobnobbing with lobbyists to the general detriment of constituents, i.e. Louisiana citizens.

But it has long been my contention that when one peels back a few layers from the cover story, one will usually find the real story. After all, a July 2016 LouisianaVoice STORY turned up a link between Jindal and a lucrative state contract for another company that had appointed him to its board.

Accordingly, I went looking a little deeper and YOWSER! Sha-ZAM!

It seems that appointment of Jindal, described in the news release as one “who has dedicated his career to public service and advancing innovative healthcare polices,” appears to have been payback for services rendered while he was governor.

Documents obtained from the Louisiana Department of Health show that CENTENE, a major U.S. health insurer, is the parent company of Louisiana Healthcare Connections, Inc., which was awarded a contract for nearly $1 billion with the Louisiana Department of Hospitals in September 2011, just a month before Jindal’s reelection to a second term.

LHCC Contract 2012

The contract called for Louisiana Healthcare Connections to perform “a broad range of services necessary for the delivery of health care services to Medicaid enrollees…”

That contract was to run from February 1, 2012, through January 31, 2015.

On January 19, 2015, the contract was renewed for another three years, to run through January 31, 2018. The contract amount was increased from the original $926 million to $1.9 billion.

LHCC Contract 2015

But just before Jindal left office, on December 1, 2015, that contract was amended from $1.9 billion to $3.9 billion, perhaps in anticipation that incoming Gov. John Bel Edwards would keep his promise to expand Medicaid under Obamacare—which he did.

In March of this year, USA Today published a STORY that Centene (Louisiana Healthcare Connections parent company, remember) would purchase WellCare Health Plans, Inc. for $17.3 billion.

It would be most interesting to see if Jindal netted a windfall from that transaction, coming as it did only six months after he was named to WellCare Health Plans’ board.

It’s unknown just how long negotiations had been ongoing between Centene and WellCare Health Plans, but the timing does open the door for speculation that the doubling of the Louisiana Healthcare Connections contract, Jindal’s appointment to the WellCare Health Plan board and Centene’s purchase of WellCare are more than coincidental.

To add a little spice to the recipe of Louisiana political gumbo, they’re also a few interesting campaign contributions.

  • On March 11, 2011, just six months before Louisiana Healthcare was awarded that initial contract for $926 million, WellCare of Louisiana, a subsidiary of WellCare Health Plans, contributed $5,000 to Jindal’s reelection campaign.
  • On January 17, 2012, only two weeks before its initial contract took effect, Louisiana Healthcare Connections gave Jindal $5,000.
  • Louisiana Healthcare’s parent company, Centene, gave Jindal $5,000 on January 17, 2012 (the same date as Louisiana Healthcare’s contribution). Centene gave him another $5,000 on November 19, 2012 and still another $5,000 back on August 14, 2008, eight months after Jindal first moved into the governor’s office.
  • Oh, and the New Orleans law firm of McGlinchey Stafford, the registered agent for Louisiana Healthcare, gave Jindal $1,000 on September 23, 2003; $5,000 on October 30, 2003; $5,000 on April 6, 2007, and $5,000 on March 2, 2011.
  • On April 23, 2009, Centene’s then Chairman and CEO Michael Neidorff kicked in $3,000 to Jindal.

It would seem that Bobby Jindal is perfectly willing to skirt a few ethical standards in order to ensure that life after politics can continue to benefit from life while in politics.

So, you see, even the most mundane news release can carry a wealth of information if one is willing to follow a convoluted path to the ultimate source of the money.

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LouisianaVoice has expressed concerns about the industrial tax incentives, aka giveaway programs, for years. It has been our contention that while welfare cheats are an easy target for criticism, the money lost to fraudulent welfare and Medicaid recipients is eclipsed by the billions of dollars stolen from taxpayers in the form of industrial tax exemptions, incentives, and credits.

Of course, the Louisiana Association of Business and Industry would never concede that fact. Instead, they use the stage magician’s tactic of misdirection by claiming runaway lawsuits, organized labor, higher wages (they are especially terrified of an increase in the $7.25 minimum wage) and poor public education performance are to blame for Louisiana’s economic and social ills.

Never (not once) will one hear LABI point to poverty as a cause of the state’s low ranking in everything good and high ranking in everything bad. Never (not once) will one hear LABI, the local chambers of commerce, or the Louisiana Office of Economic Development call attention to the billions of dollars in relief given businesses and industry—from Wal Mart to Exxon—in the form of corporate welfare—leaving it to working Louisianans to pick up the check.

And all you have to do to understand how this has occurred is to follow the money in the form of campaign contributions to legislators and governors and visit the State Capitol during a legislative session and try—just try—to count the lobbyists. Better yet, you may do better by counting lobbyists and legislators following adjournment each night as they gather for steaks, lobster and adult beverages at Sullivan’s or Ruth’s Chris—compliments of lobbyists’ expense accounts.

And while LouisianaVoice has attempted to call attention to this piracy, an outfit called Together Louisiana has put together a 15-minute video presentation that brings the picture into sharp, stark focus. The contrast between two separate economies living side by side is stunning.

Stephen Winham, retired director of Louisiana’s Executive Budget Office called the video “a super good presentation of facts our decision-makers choose to ignore as they have for many, many decades.”

Winham went a step further in saying, “Our leaders seem to think we are all too dumb to understand this—and that’s a positive assessment. A more jaundiced view would be that they don’t want us to understand it.

“All we can do is keep on keeping on with our individual attempts to communicate this and let our elected officials know that we do understand and that we hold them responsible and accountable. Unfortunately, when I attempt to talk about this with individuals and groups, their eyes glaze over within minutes. I’m not going to stop trying, though, and neither should anybody else.

“I am happy to have this information in such a tight presentation,” Winham said.

So, with that, here is that video:

 

And if that’s not enough to convince you, THIS STORY was posted late Friday.

 

 

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On Monday (Nov. 13), Public Service Commissioner Foster Campbell issued a glowing PRESS RELEASE in which he announced what he described as a project to provide high-speed internet service to more than 54,000 homes and businesses in the 24-parish PSC District 5.

Yet, only two months earlier, Campbell had appeared before the Claiborne Parish Police Jury to publicly trash a proposal by Claiborne Electric Cooperative to provide even faster and more comprehensive internet service to an estimated 65,000 homes and businesses in its five-parish service area—at a comparable customer cost.

Campbell, an Elm Grove populist Democrat who lost to John Kennedy in the 2016 U.S. Senate race, who lost to Bobby Jindal in the 2007 governor’s election and who three times ran unsuccessfully for the U.S. House from Louisiana’s 4th congressional district, seems to be running for something again but there don’t seem to be any other offices for him to seek.

In September, he presented his timeline of events concerning the approval process for Claiborne’s proposed high-speed broad internet service. One cooperative member who was present for that performance described Campbell’s remarks as “hyperbole,” adding that many of Foster’s claims “were outright wrong.”

“Then when he had his say, for which he caught a lot of flak from citizens in attendance, he promptly left as (Claiborne CEO) Mark Brown was given the opportunity to present his side of the situation,” the member said, pointing out that he is neither an employee nor a board member of Claiborne Electric. He asked that his name not be used.

“There was a marked difference in the points of view with Mr. Brown’s position being a lot more straightforward and fact-based,” he said. “That Campbell made his accusations and factually incorrect statements and then left without hearing Mr. Brown’s EXPLANATION was one of the rudest displays I’ve seen in a public forum.”

In his press release, Campbell said the “Connect America” program of the Federal Communications Commission (FCC) “is helping fiber, wireless and satellite internet providers meet the need for broadband service in unserved or underserved areas of North Louisiana.”

He said that FCC records indicate that 54,580 homes and businesses in his PSC district are eligible for high-speed internet service funded by Connect America.

That represents just a fraction of almost a million people—325,000 households—in the 24 parishes.

What Campbell describes as “high speed” internet is a download speed of 10 megabytes per second and an upload speed of one megabyte per second at an estimated cost of $60 per month per customer.

Claiborne’s proposal calls for the same $60 monthly rate for 50 megabytes to one gigabyte of service for 10,000 more customers in the five-parishes of Bienville, Claiborne, Lincoln, Union and Webster than for Campbell’s entire 24 parish district.

Campbell claims that if the Claiborne project fails, customers would be on the hook for the costs, ignoring the fact that the proposal calls for a construction phase-in that would allow the project to be scrapped if it did not meet projections.

“Foster Campbell ignores the fact the 69 co-ops around the country have already done projects like that proposed by Claiborne and none of those have failed,” the Homer member said. “He also ignores that about 75 other co-ops around the country are in the process of starting fiber optic systems.”

(CLICK ON IMAGE TO ENLARGE)

Foster’s behavior is a strange reversal of traditional Democratic support for electric cooperatives begun under the administration of Franklin Roosevelt and championed by such notables as Lyndon Johnson. In fact, Foster’s rhetoric is reminiscent of Bobby Jindal’s REJECTION of that $80 million Commerce Department grant to install high-speed broadband internet for Louisiana’s rural parishes back in 2011.

In that case, Jindal was in lockstep with the AMERICAN LEGISLATIVE EXCHANGE COUNCIL (ALEC) which in 2010 had staked out its opposition to federal encroachment onto the turf of private business despite the fact that private business had been painfully slow in responding to the needs of rural America dating back to the early days of electric power and telephone service.

And therefore, since AT&T was a member of ALEC and since AT&T was opposed to the grant, therefore, so was Jindal. In Jindal’s case, AT&T had also made a six-figure contribution to his wife’s charitable foundation, giving Jindal another reason to take up the ALEC banner.

AT&T, in fact, even took the City of Lafayette to court to fight the city’s efforts to construct its own fiber optic high speed broadband internet system. It was a costly fight for both sides but Lafayette eventually emerged victorious despite AT&T’s best efforts.

Foster Campbell, in his press release noted that AT&T would be responsible for $17.2 million, or 79 percent of the FCC-funded broadband expansion into PSC District 5 while CenturyLink of Monroe would have responsibility for $3.9 million (18 percent) of the cost and satellite provider ViaSat would spend $1.5 million (3 percent).

So, why is Campbell now sounding so downright Jindalesque in his opposition to Claiborne Electric?

For that answer, one would have to take the advice FBI agent Mark Felt, aka Deep Throat, gave to reporter Bob Woodward during the Washington Post’s investigation of Nixon and Watergate:

Follow the money.

  • CenturyLink made two $1,000 contributions to Campbell’s various state campaign fund in 2011 and 2012, according to Louisiana Ethics Commission records.
  • Glen F. Post, III, of Farmerville in Union Parish, is President of CenturyLink. He personally contributed $11,500 to Campbell between 2003 and 2014.
  • Stacy Goff is Executive Vice-President of CenturyLink. He chipped in another $500 for Campbell in 2005.
  • AT&T gave $10,000 to Campbell in campaign contributions between 2003 and 2010.
  • William G. “Bud” Courson and James W. Nickel of Baton Rouge are registered lobbyists for AT&T. Their firm, Courson Nickel, LLC of Baton Rouge, contributed $2,000 to Campbell from 2002 to 2014.

CENTURYTEL

COURSON NICKEL

Post contributed another $3,000 to Campbell’s unsuccessful Senate campaign in 2016 and Nickel and Courson also contributed $500 and $1,000, respectively, to that campaign, federal campaign finance records show.

Altogether, Foster Campbell had at least 30,500 reasons to oppose Claiborne Electric’s proposal to provide high speed broadband internet service to its members.

Because he indisputably had skin in the game, he should have recused himself from the discussion in order to avoid any conflict of interests.

Therein lies the problem of regulators accepting contributions from those they regulate.

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