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Sears: Now Come the (Penalty-Free) Headquarters Layoffs

February 20, 2012

As I foreshadowed on January 5, despite a huge subsidy package enacted by the state of Illinois in December, Sears Holdings Corp. has already announced layoffs at its headquarters in the Chicago suburb of Hoffman Estates. Last week, the retailer announced that 100 HQ staff will be laid off.

This after the chain announced on December 27—just 11 days after the subsidies were signed into law—that it will close as many as 120 stores nationwide.

That December deal, valued at up to $275 million, came after Sears threatened to relocate in headquarters to another state. Its predecessor company, Sears, Roebuck & Co., played the same “job blackmail” game in 1989. The $168 million, 23-year deal it won then was soon to expire when Sears Holdings announced it might again be footloose.

Everything about these two episodes demonstrates what is wrong with economic development in America today. The 1989 subsidy package paid Sears to abandon its famous Tower in Chicago’s transit-rich Loop and relocate 29 miles northwest to an area which then did not even have a transit bus line—one of the most egregious cases of state-sponsored sprawl in U.S. history.

To enable the subsidy, the state had to pervert its tax increment financing (TIF) law to allow “greenfield TIFs,” a tax-revenue problem that plagues the state today, as TIF diverts more than $1.2 billion from public services a year.

Some Chicagoans saw the 1989 exurban flight as symptomatic of Sears losing touch with its historically urban customer base, and little has happened since to contradict that idea. Now controlled by a hedge fund manager, Sears has been losing market share for years, and analysts have noted that it is reinvesting far less in its stores that it is taking in depreciation charges (not to mention costly stock buybacks).

Neither the 1989 nor the 2011 subsidy packages are structured to specifically address the company’s decline. Worse, the 2011 package reportedly allows Sears to shrink by another 1,750 jobs: with 6,000 remaining HQ employees, the deal allows the company to keep collecting the tax breaks as long as 4,250 employees remain.

Like I wrote in a blog last August: when an ailing company asks for a tax break, the wisdom of the plant-closings movement tells us: tax avoidance can be one form of corporate disinvestment, another early warning sign of job loss. Put another way: if a company doesn’t see a future in the community or the state, why should it keep investing in the schools or roads or universities? The alarm bells are loud and clear.

For better or worse, Illinois and Sears are stuck with each other. So what should state leaders do? Most are trying to make light of the Sears layoff news, emphasizing the jobs that remain. But taxpayers would be far better served if public officials said to the company: we demand that you use the subsidies we are giving you to vigorously reinvest in your stores, hire more executives with retail expertise, stabilize your market share and secure Illinois jobs.

With their 1,750-job layoff loophole, Illinois politicians don’t have the formal authority of fine print. But they do have a whole lot of angry taxpayers who would rally behind such a position.

Let’s Attach “Green Strings” to Subsidies

January 25, 2012

The old plant-closing activist in me sat stunned tonight as President Obama must have set a record for the number of times the word “manufacturing” appeared in a State of The Union address.

One passage of his speech especially grabbed my attention: when the President suggested a new tax break to encourage manufacturers to retrofit and modernize to reduce their energy costs.

While I will wait to see the details on that one before opining, we at Good Jobs First believe that common state and local economic development subsidies should require that companies getting them build or retrofit to LEED standards or an equivalent (and not just manufacturers, but also retailers, office buildings, warehouses, etc.). After all, the payback period for retrofits is reportedly often quite short and the incremental cost of building new to LEED has declined (and therefore the payback period has also shrunk) as more contractors have mastered it.

In other words, attaching “green strings” to subsidies would reduce greenhouse gas emissions, reduce corporate energy bills, reduce U.S. dependence on foreign energy sources, and create lots of construction jobs and higher-value maintenance jobs – what’s not to like?

For more, see this article I wrote for Grist on the idea.

Job Shortfalls Everywhere—So Who’s Watching the Store?

January 16, 2012

Today as America honors Dr. Martin Luther King, almost one in six African-American workers are officially unemployed. Let us remember: the full name of the 1963 event for which he is best remembered was The March on Washington for Jobs and Freedom (emphasis added).

Jobs are front and center today as well, as politicians justify economic development subsidies in the name of jobs, often while citing those suffering high unemployment. Yet we at Good Jobs First have been struck by the spate of journalistic investigations and state government reports finding that many subsidized deals are failing to deliver.

At a time when states are making painful budget cuts, they must be able to recoup taxpayer investments when deals fail. That’s why this Wednesday we will release Money-Back Guarantees for Taxpayers: Clawbacks and Other Enforcement Safeguards in State Economic Development Subsidy Programs. It is the largest study ever performed looking at whether states monitor and verify job-creation claims—and whether they can recapture, or claw back, subsidies when companies fail to create or retain as many jobs as promised.

Consider a sampling of recent job-shortfall news:

Alabama—The Birmingham News reported last winter that, after giving three large companies “wiggle room” on job shortfalls, the state or local governments clawed back money from Louisiana-Pacific, International Shipholding Corp., and U.S. Pipe and Foundry Co.

Connecticut—The state’s Department of Economic and Community Development’s 2010 annual report revealed that in 31 out of 70 audited business assistance contracts, companies failed to meet their job creation targets. The Department has not revealed whether it clawed back money from any of the 31 companies, and if so how much.

Florida—After reviewing data released by Florida officials on subsidy deals dating back to 1995, the Orlando Sentinel calculated three months ago that only about one‐third of the projected jobs had actually been created.

Georgia—The Atlanta Journal-Constitution reported last summer that four subsidized companies that either closed or laid off many workers had not been penalized, that “companies are rarely penalized,” and that the state’s revenue Department monitors outcomes but will not disclose any data about them. Summarizing what it could tell about $469 million in subsidies given out between 2003 and 2009, the AJC concluded: “taxpayers can’t gauge how effectively all the money has been spent, or whether the expenditures were even necessary.”

Illinois—The Chicago Tribune, using the state’s top-rated transparency website, reported last winter that, over nine years, companies awarded Illinois’ costly Economic Development in a Growing Economy (EDGE) tax credits were failing to qualify for them 52 percent of the time, and two-fifths of the projects never qualified for any credits. And as we blogged earlier this month, the state legislature and Gov. Pat Quinn were jolted in December when they gave Sears a massive new tax break to retain its headquarters—and days later, the chain announced more financial losses and more than 100 store closures, putting a cloud over the Illinois jobs.

Indiana—WTHR-TV’s 13 Investigates unit looked into Gov. Mitch Daniel’s claim of 100,000 jobs starting in late 2010. In its much-honored “Reality Check: Where are the Jobs” series, it exposed deals that never broke ground and others that fell far short on jobs or failed altogether. The series provoked the state’s privatized economic development agency to commission an audit of almost 600 deals which found so few jobs that WTHR concluded only 38 percent of the claimed jobs had so far materialized.

Iowa—An investigation by Des Moines Register two months ago found a sharp increase in the number of Iowa companies failing to deliver on subsidized jobs. As many companies had defaulted on tax credit contracts in the most recent fiscal year as the previous three years combined, it found. It also found that the state’s recoupment and renegotiation activity was up.

Massachusetts—A large Boston Globe investigation last winter looked into 1,300 subsidy projects, large and small, that had promised to create jobs. “Hundreds of the projects delivered fewer jobs than promised, and some companies actually slashed employment. Many firms won subsidies for projects they were set to build without state assistance; in some cases, incentives that were approved long after the projects were underway or complete. And many got generous packages though they agreed to create only a handful of low-paying jobs.”

Minnesota—An investigation by The Minneapolis Star Tribune last winter found that that one‐fifth of the companies receiving subsidies in the Gopher State from 2004 through 2009 did not meet their hiring commitments.

Missouri—The Kansas City Star earlier this month examined 91 projects over six years in the state’s Quality Jobs Program. While acknowledging that some deals take years to pan out and that little of the awarded $311 million had been paid out yet, it found that about five out of six deals had not yet met their job goals and total job creation was only one fourth of the projected total.

New Jersey—An independent consultant’s evaluation of the state’s big-ticket Urban Enterprise Program last winter found such poor results that that taxpayers got back only eight cents per dollar invested. It called the program “bureaucratically cumbersome and costly to operate,” and said it “has yielded inconsistent and uncertain quantifiable results in terms of business expansion and job creation in the State’s urban areas.”

New York—The Alliance for a Greater New York (ALIGN) reported two months ago that 274 projects subsidized by Industrial Development Agencies around the state had failed by the time the projects ended in 2009. Instead of creating 21,113 jobs, the companies lost 4,957 jobs. Another 11,000 jobs were lost at firms subsidized for job retention.

North Carolina—The Charlotte News & Observer reported last month that more than 30 percent of the state’s 139 Job Development Investment Grants have been withdrawn or terminated due to lack of promised jobs or investment.

Ohio—Attorney General Mike DeWine issued a report three weeks ago that revealed 48 percent of subsidized companies had failed to meet their pledges for job creation, job retention, or other performance requirements. It named 200 shortfall companies that had received grants, tax credit awards or other subsidies totaling more than $82 million. Clawback details were mixed. And as Good Jobs First detailed in a report last July, the quality of Buckeye State disclosure has been deteriorating, making it harder for taxpayers to track outcomes.

Rhode Island—The Providence Journal reported last summer that for two years in a row, the state has issued a report required by an accountability law, but leaving out job-creation numbers. The state filings detail costs—$127 million given out over three years—but leave out the benefits. Both state reports also failed to include an independent analysis of program effectiveness that is required by the accountability law, reported ProJo.

South Carolina—The Associated Press (headline: “SC gov using inflated job list in employment boast) incurred the wrath of Gov. Nikki Haley when it reported last summer that her commerce agency provided four different job-creation totals—and that some of the listed jobs did not result from any state aid. As well, one large group (750 more jobs at an Amazon warehouse) resulted from a tax-break deal the state legislature enacted over her opposition. Separately, the Greenville News reported last May that the state had clawed back only twice in five years (and one was initiated voluntarily by Michelin).

Texas—Texans for Public Justice last fall examined 115 deals of the state’s controversial Texas Enterprise Fund (TEF) program. Among 65 projects in 2010, it found most were non-performing (37 percent), terminated (17 percent), troubled (11 percent, usually due to job shortfalls), exhibited fraud (8 percent, including some of the program’s largest grants that had deceptive job claims), or weak (2 percent, for claiming jobs that predated the TEF contract).

Wisconsin—An investigation by Gannett last November found that 40 percent of companies in Wisconsin that completed job‐creation tax credit contracts during the past five years failed to hire as many people as they had promised.

So many failed deals beg the question: are cash-strapped states watching the store? Are they able to recover money from non-performing companies?

For the answers, stay tuned this Wednesday!

Sears, Tax Breaks, and Job Loss: Like We Said

January 5, 2012
Image

Credit: Made available through a creative commons license from Flickr user gardener41

For the latest evidence that unaccountable tax breaks fail to promote investment for job creation, shop at Sears—while you still can.

Gov. Pat Quinn’s signature had barely dried on the Illinois legislature’s lavish new tax-break deal to retain Sears Holding Corp.’s headquarters when the company announced store closures and layoffs. The deal, valued at up to $275 million in property and income tax breaks, was signed into law on December 16. Yet on December 27, the company announced that it would close between 100 and 120 Kmart and Sears stores.

Cynically, we note that the initial list of 80 closures does not include any Illinois stores, nor have any headquarters layoffs been announced… yet. But with Sears still losing market share, and reporting another decline in same-store sales (down 5.2% late 2011 over late 2010), how safe can Illinois jobs be?

We hate to say we told Illinois so. But as we forecast in our blog of last August: when a company is ailing and it asks for a tax break, the wisdom of the plant-closings movement tells us: tax avoidance can be one form of disinvestment, another early warning sign of job loss.

Put another way: if a company doesn’t see a future in the community or the state, why should it keep investing in the schools or roads or universities?

Indeed, inadequate reinvestment in Sears has been a major theme since hedge fund manager Eddie Lampert took control of the company. As the New York Times’ Floyd Norris pointed out in a December 29 column, between February 2005 and October 2011, Sears Holdings spent only $3.2 billion on capital expenditures (i.e., physical improvements) while taking $6.6 billion in depreciation charges (i.e., physical wearing-out).

A consumer behavior consultant with America’s Research Group told the Los Angeles Times: “They are not fixing their problems. The Sears apparel strategy is still not what the Sears customer wants. They have not spent the money to refurbish their stores to make the modern and contemporary for the under-35 shopper.”

Instead of reinvesting, Sears Holdings is reportedly soon to allow some its prize jewels, such as Kenmore appliances and Craftsman tools, to be sold by other chains such as Costco and Ace Hardware. Won’t that just further reduce traffic into Sears and Kmarts?

In lowering Sears Holdings’ credit rating, Fitch warned of “a heightened risk of restructuring over the next 24 months.”

Meanwhile, Illinois taxpayers, after giving Sears a retention package worth about $178 million in 1989 when it threatened to run away, have pledged up to $275 million more after a second runaway threat.

Fool me once, shame on you…

“Story of Broke” Says We’re Not Broke, Just Misspending

November 8, 2011

“Story of Stuff” phenom Annie Leonard is out this morning with a terrific new video just in time for the “Supercommittee” debate over the federal budget deficit.

Leonard is ticked off that the deficit is being used to argue that good schools, a clean energy economy, good healthcare and the whole American Dream promised by politicians is no longer possible. Pushing back with her own budget analysis, “The Story of Broke” argues that “we aren’t broke,” we are just still spending far too much on “the dinosaur economy,” subsidizing Big Oil and petrochemicals, cheap mining on federal lands, the risk of a nuclear meltdown. and tax breaks for the wealthy and corporations with the most lobbyists.

Pointing out what could be done with dino-subsidies, Leonard makes it clear that subsidies for new green jobs in renewable energy—along with zero-waste production, conversion away from petrochemicals to bio-based materials, and higher recycling rates—could create lots of jobs and help restore the tax base for education, Medicare and other vital public services.

For another caffeinated dose of Annie Leonard’s inspiration—and Free Range Graphic’s tart illustrations of her argument—check it out here

Large, Profitable Corporations Get Huge Federal Tax Breaks

November 4, 2011

The most consistently profitable companies in the Fortune 500 only pay about half the statutory federal income tax rate—a fourth pay less than 10 percent. Some even get refunds from Uncle Sam—30 companies have enjoyed a negative income tax rate the past three years despite making $160 billion in pre-tax profits.

It’s the definitive study that punctures calls for a cut in the federal income tax rate on corporations, provided yesterday by Citizens for Tax Justice and the Institute on Taxation and Economic Policy (CTJ and ITEP) in “Corporate Taxpayers and Corporate Tax Dodgers, 2008-2010.”

Looking at shareholder filings for those Fortune 500 companies that reported profits in each of the three years, CTJ and ITEP found that 280 companies paid an average effective rate of just 18.5 percent and for the last two years only 17.3 percent, less than half the statutory rate of 35 percent.

The study catalogs the underlying causes, many of which have eroded progress in the federal tax code made in the 1986 reform act that plugged many loopholes: accelerated depreciation, stock options, industry-specific tax credits, and offshore tax sheltering.

Bottom line, it’s why federal corporate income taxes have plummeted as a share of GDP from almost 4 percent in the 1960s to just over 1 percent today. And a key reason, CTJ director Bob McIntyre argues, why any corporate tax reform should not be “revenue neutral” but should instead plug loopholes and restore balance.

For those of us who follow companies that aggressively seek state and local economic development subsidies, including avid users of Subsidy Tracker, there are familiar names among the low-tax rate/high-tax break crowd, like Boeing, Walmart, and Goldman Sachs.

Indeed, CTJ and ITEP will soon release a follow-on study looking at state taxes paid by the Fortune 500. Although publicly traded companies only report such taxes in one aggregate 50-state number, the finding will show how tax exemptions and credits cut the actual tax rate companies pay (along with loopholes like Passive Investment Companies and failed giveaways like Single Sales Factor).

For a primer on how companies dodge state income taxes, see chapter 4 of The Great American Jobs Scam, and for a summary of how corporate tax dodging has shifted the burden for public services onto working families, see chapter 8.

Finally, the study also punctures the argument that the U.S. has to lower its corporate tax rates because of lower rates offshore. Of those companies among the 280 with significant foreign profits, they paid foreign tax rates almost a third higher than their domestic rates. It argues that “closing the loopholes will have real benefits, including a fairer tax system, reduced federal budget deficits, and more resources to pay for improving our roads, bridges and schools — things that really are important for economic development here in the United States.”

Amen.

N.Y. Chip-Fab Deal Emits New Stench

September 23, 2011

Kudos to Glen Falls Post Star columnist Will Doolittle for his tart September 22 column exposing that “Water stinks… as expected” coming from a pipeline built for a microchip fabrication plant in Saratoga County, upstate New York.

This is the notorious GlobalFoundries plant that received $1.2 billion in subsidies for about 1,200 jobs – a cool $1 million per job, with no Job Quality Standards attached! (See our 2010 study on high-tech deals that includes a case study on it.)

The costly water line was built for the factory but three cities tapped into it, as “a token public face on the line’s real corporate purpose,” writes Doolittle. But they need so little that “the chlorine in the water breaks down in the pipe, making it smell like a swamp,” he explains.

Meanwhile: “The establishment of a huge plant and influx of more than 1,000 workers to staff it carries costs as well as benefits, which is why businesses and individuals pay taxes – to cover the public services they receive. But by granting GlobalFoundries enormous tax breaks, we’ve tilted the balance. Everyone else must pay more so the company can benefit,” concludes Doolittle. “Since the GlobalFoundries deal reeks it makes sense the water in the line built to supply it stinks.”

Now Showing! Subsidized Interstate Job-Sprawl from Kansas City

September 23, 2011

AMC Entertainment Inc. recently announced it will take a subsidy package from Kansas worth more than $40 million to run away with 450 headquarters jobs from downtown Kansas City, Missouri to the affluent Kansas suburb of Leawood (median income almost two and a half times the state average and home values more than three times the state average) in hyper-growth Johnson County.

It’s the latest episode of subsidized sprawl (the Kansas City Star did a great series on that issue 16 years ago!) and of subsidized interstate job flight across the Missouri-Kansas state line that was decried by 17 prominent business leaders there just last April.

The AMC drama has played out for a year and a half and is one of the reasons the Missouri state legislature is now holding a special session on economic development.

Who has the best title for a movie about subsidized corporate job flight from distressed cities at your local AMC theater?

Teamsters Protest Uncle Sam Paying Peter to Rob Paul

September 21, 2011

Should federal economic development dollars be used to subsidize the flight of jobs from one labor market (or state) to another?

Of course not! But members of the International Brotherhood of Teamsters (IBT) in Brisbane, California are blowing the whistle on just such a scandal.

A total of 183 workers at VWR International are facing permanent job loss as the company plans to relocate its facility from Brisbane (just south of San Francisco) about 230 miles to Visalia, California – into an industrial park subsidized by $2 million in U.S. Department of Commerce Economic Development Administration (EDA) funds. Teamsters in Brisbane have had a contract with the company for more than 50 years, but VWR is denying them the right to follow their work.

In a September 8 letter to the Commerce Department protesting the deal, IBT General President James Hoffa is urging that it rescind the EDA grant to Visalia. Suspiciously, Hoffa’s letter points out, when Visalia applied to the EDA for the funds, it omitted the name of VWR from the list of beneficiaries—even though VWR is almost three times larger than any other listed park tenant.

In Highway Robbery: The Road from Brisbane to Visalia, How VWR is Using Taxpayer Funds to Destroy Jobs, the Environment and Communities, the report of a special investigation co-chaired by Congresswoman Jackie Speier and California State Treasurer Bill Lockyer, experts estimate the total job loss in Brisbane/San Mateo County at 266 jobs. The shutdown would also cost the City of Brisbane almost a fifth of its general fund revenue.

Reform Triggered by Stimulus Controversy May Aid VWR Workers

In a related revelation this week, Good Jobs First has learned from the Teamsters that Acting Commerce Secretary Rebecca Blank is taking the Teamsters’ complaint seriously, citing an EDA policy against subsidizing job flight from one labor market to another.

Further research reveals that this EDA policy dates to the summer of 2009, when EDA got caught in a dispute involving federal stimulus dollars (funneled through EDA) for interstate job flight.

Although the EDA policy memo doesn’t name names, avid readers of Clawback will recall that in June 2009, we cited the case of NCR relocating jobs from both Ohio and South Carolina into facilities near Atlanta, Georgia. One of those relocations, involving the manufacture of ATMs, was originally slated to be subsidized by about $5 million in stimulus monies via EDA. When public officials in Ohio protested the move (although jobs from South Carolina were actually moving into the EDA-backed facility, Ohio was losing a big corporate headquarters that had been in Dayton 125 years), the White House quickly removed the stimulus funds from the deal.

Now we learn, from the EDA policy memo that opens by referring to a summer 2009 “Recovery Act grant application that resulted in significant adverse publicity because of an accusation that funding would have facilitated the relocation of jobs from one community to another,” that in response to the NCR controversy, the EDA developed a “four-pronged nonrelocation policy.” Although the policy can be waived under certain circumstances, it would appear to disqualify runaways like VWR in Visalia (caveat: I am not a lawyer).

By adopting this policy, the EDA actually rejoins the ranks of virtually all of the major federal economic development subsidy programs with anti-piracy safeguards. Indeed, an alleged violation of EDA’s former anti-relocation policy was part of a plant-closing lawsuit I worked on 20 years ago that won $24 million for dislocated workers. And the existence of anti-piracy rules in numerous federal subsidy programs convinced the U.S. Solicitor General to not intervene for the defendants in the case of Cuno v. DaimlerChrysler that the U.S. Supreme Court considered in 2005-2006.

The existence of these federal anti-piracy rules (like state and local clawback laws) are the bitter residue of numerous plant closings blowing up in the faces of public officials over the decades, revealing the abuse of taxpayer dollars. Determined to go down swinging, workers like those at Briggs & Stratton in Milwaukee (who won anti-piracy rules for HUD Community Development Block Grants by protesting runaway shops in 1994-1995) have won rules that protect us all today.

I hope that the EDA’s nonrelocation policy does indeed apply to this Visalia case and that VWR International will stay in Brisbane, where it has operated profitably for so many decades with its highly skilled workforce.

And if you suspect federal monies are subsidizing job flight, call Good Jobs First.

No Job Subsidies for Companies That Discriminate Against the Unemployed

September 2, 2011

Should taxpayers subsidize companies that refuse to even interview unemployed workers? Of course not!

Yet despite the fact that tax breaks are invariably justified in the name of reducing unemployment—not to mention the fact that more Americans have been unemployed for longer periods of time in this Great Recession than any downturn since the 1930′s—it’s legal for companies getting subsidies from states, cities or Uncle Sam to turn away applicants just because they are currently unemployed.

This callous treatment of the unemployed is outrageous but true: as the National Employment Law Project (NELP) documented recently (confirming news reports), dozens of companies and some of the nation’s most prominent job-search websites are routinely posting job ads that explicitly say applicants “must be currently employed.”

NELP rightly emphasizes how many job seekers there are for every job opening. We would add that, given higher rates of unemployment among people of color and younger workers, excluding unemployed applicants can only worsen discriminatory patterns.

If major economic development subsidies were reformed to prohibit this practice, it would greatly benefit millions of unemployed Americans. That’s because federally funded programs such as Industrial Revenue Bonds, Workforce Investment Act grants, and Community Development Block Grants are ubiquitous—as are state-enabled subsidies such as property tax abatements and investment tax credits.

Another federal remedy has also been proposed: House and Senate versions of the Fair Employment Opportunity Act of 2011 (already with 35 House co-sponsors) would prohibit companies and employment agencies from refusing to consider applicants solely because they are unemployed. In a recent radio talk show, President Obama endorsed the legislation.

As Good Jobs First documented in 2008 in Uncle Sam’s Rusty Toolkit (co-published with NELP and others) five of the most common federal job subsidies lack many of the taxpayer safeguards that are becoming increasingly common at the state and local level, such as online disclosure of company-specific costs and benefits, money-back guarantee clawbacks, Job Quality Standards, location efficiency and green building standards.

To that list for both the states and the feds, we would add: no discrimination against applicants just because they are unemployed!


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