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Reports

If You’re a ‘Little Guy,’ a Contract Means Nothing

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Posted on Mar 19, 2009

By Marie Cocco

    With due deference to George Orwell, all contracts are equal. But some contracts are more equal than others.

    Contracts entered into by the hotshots at American International Group for $165 million in bonuses, signed just months before their web of financial cunning unraveled, are inviolate. Contracts entered into by shop-floor workers at auto plants must be renegotiated, so that the taxpayers who bail out the industry don’t coddle supposedly overpaid union members.

    Contracts that secured “retention” bonuses for the same wizards who engineered the flimsy financial products that helped bring down the world economy went to 73 individuals who received $1 million or more—with the top honcho getting $6.4 million. Contracts that secured retiree health benefits for autoworkers with creation of a special trust are being rewritten so that carmakers can use their own cut-rate stocks, not cash, to help fund their obligation to elderly people who once worked on assembly lines.

    Contracts that were crafted at AIG early in 2008—a few months before taxpayers sent their first installment of bailout money to the insatiable insurance giant—must stand. The deals guaranteed that some bonus recipients would lock in as much money as they had received in 2007, before the company’s downward spiral.

    Contracts agreed to by the United Auto Workers in 2007 trimmed wages and created the controversial trust for retiree health benefits that allowed the automakers to effectively remove some costs of the promised benefits from their own balance sheets. That contract does not stand.

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    As just renegotiated by Ford—which didn’t take federal bailout money—and the UAW, workers gave up cost-of-living adjustments, two years of “bonuses” they’d been promised instead of wage hikes, vacation days, break time and other benefits. Rules are to be changed so that workers can stay on the job more than eight hours in variable shifts, without being paid overtime.

    UAW President Ron Gettelfinger told Congress in December that workers and retirees both were ready “to make further sacrifices” to ensure the industry’s viability in the wake of the credit crisis—a crisis caused in part by AIG’s exotic financial instruments. “We are willing to do our part,” Gettelfinger told the Senate Banking Committee.

    AIG chief Edward Liddy told a House subcommittee Wednesday that though he runs a company now 80 percent owned by the taxpayers, it still must operate as a business that takes account of the “cold realities” of competition for customers, revenue and, yes, employees. Because of this and “certain legal obligations,” the big bonus payouts went into the pockets of some of the people who messed up the credit markets so badly that average Americans now have trouble getting car loans and auto dealers struggle to keep operating.

    AIG has thus far received $170 billion in taxpayer money. General Motors, the car company considered to be in the deepest trouble, got $13.4 billion. GM is currently in negotiations with the UAW that are likely to result in more concessions from the union. 

    Larry Summers, the chief White House economic adviser, said on Sunday that AIG’s bonuses had to go through because “there are contracts. The government cannot just abrogate contracts.” Summers made the comments to ABC News three days after President Barack Obama learned of the bonus payments but uttered not a word publicly about them. 

    Now the White House and Congress are ablaze with indignation and vow to try to recoup every penny.

    New York Attorney General Andrew Cuomo, quicker and more sure-footed than the lethargic Obama administration, got an accounting of how the millions were doled out. It shows, among other things, that 11 of those who received “retention” bonuses of $1 million or more—including an employee who pocketed $4.6 million—no longer work at the firm. The top seven bonus recipients received more than $4 million each.

    The top-tier wage for production workers at UAW plants is about $28 an hour. New hires are paid $14 an hour.

    Cuomo conveyed the preliminary results of his AIG probe in a letter to Barney Frank, chairman of the House Financial Services Committee. “Something is deeply wrong with this outcome,” Cuomo wrote.

    Something, indeed.

    Marie Cocco’s e-mail address is mariecocco(at)washpost.com.

© 2009, Washington Post Writers Group


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By Vannevar, March 29 at 10:53 pm #
(Unregistered commenter)

I wrote a blog entry about this at: http://vannevar.blogspot.com/2009/03/unenforceable-contract-culture-trust.html

Report this

By Outraged, March 23 at 1:53 am #

Re: richfam

Your comment: “Now we have finger pointing, “naming names”, protests in front of these peoples homes, they’ve pulled their children out of school, death threats, grassley telling them the should kill themselves, 90% taxed, many have already retuned the money, evil foriegners (maureen dowd’s), their digraced, will not get a job again in their chosen profession…etc.

What did they do when OUR children died?  or When whole family’s existences were being THREATENED or WIPED OUT because their actions?  or When The People are extremely overtaxed given their meager wages to pay for this fraud?  What did they do?  Aren’t these the same ones who called us WHINERS…. and gave us that age old advice to “pull ourselves up by our bootstraps” or to “pitch in” and “do our part”?

They cared not one whit if your child, mother or spouse died because of what had been levied upon you by their actions.  Do you really suppose that anyone now cares how they FEEL.  We live the reality of their actions, they only imagine it.

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By ocjim, March 22 at 5:10 pm #

For some 30 years a rightwing think tank campaign has buried us with propaganda telling us and intimidating us on how we should think about wealth. Since then, executives have been stealing us blind. During this time rightwing propaganda has taken its toll. We all are trained to believe that we can all get rich and that the rich have earned theirs thru hard work and intelligence. Nothing could be farther from the truth and we are just now beginning to relearn that.

Fraud, greed and exploitation are more the ingredients of affluence than anything else, at least in our current world.

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By Old Ed Of The Delta, March 21 at 11:34 pm #

The so called specious bonus payments made to the anointed ones at AIG amount to less than .001% of the total “loans” made to the corp. by Uncle Sammy.

We are a country of laws that must be upheld. Contractual agreements are subject to our laws and must be upheld even if our elected representatives fail to read the fine print in their haste and largess. Passing ex post facto legislation will not pass constitutional muster not with standing the repugnance of paying off the these obligations.

I read in the papers that the village of Fairfield, Conn. is being besieged by the union rabble rousers and other malcontents from adjacent communities to protest the AIG executives who live there and are accused of lining their pockets with hard earned public tax dollars.


That is the price one must pay when one reaches the pinnacle of “success”. But all hell breaks loose when the unwashed finds out that the Wall Street nobility are feeding at the public trough while the rabble are suffering the slings and arrows of outrageous fortune by losing their jobs and being foreclosed on their property by some of the very people who are responsible and are receiving the bonus rewards.


The elite and their children are destined to be the leaders in American business and politics. Their children must be enrolled in the top academic universities and colleges in order to learn and meet their fellow compatriots.

The cost of this education is far beyond the what the sub-economic social class can afford. If we are to preserve some semblance of order and control of the top leadership in the American and world wide business community, then we must compensate those in the prominent positions even if they have failed in their fiduciary obligations at times.

The preservation of this economic dynasty is absolutely essential to the American living standard and our way of life.

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By wildflower, March 21 at 3:52 pm #

I believe it was a mistake for Bush and Obama to put their “Treasury Secretaries” in charge of these bailouts contracts. It would have been wiser to appoint some kind “bailout cop” like Eliot Spitzer to oversee everything, especially when you consider the shady track record of some of these financial corporations - AIG’s questionable practices have been going on since 2005.

I also agree with other posters who think we need to stop selecting our “Treasury Secretaries” from financial corporations like Goldman Sachs. Clearly, any potential strength these people might bring to the table is automatically negated by the “potential” for a conflict of interest and/or “appearance” of conflict of interest in setting up these contracts.

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By whyzowl1, March 21 at 2:27 pm #

etc. Personalize it for a moment: You are a professional at AIG charged with taking some sort of risk on behalf of the firm, the previous quarter was aweful but your manager comes to you and says we’re commited to you, we need you to help right the ship and for that we want to retain you for 500k/yr for two years (that’s the 1mm we read in the paper btw). So what do you do? Sign the contract and feed your family or think no I’ll be blamed by congress, the press, and my neighbor of destorying the financial system..hmmm, I should just kill myself now and skip the contract. How do you comapre the collective bargaining agreement of the UAW (they have lawyers too I think) to these few contracts. Lets say one of these people actually commits suicide? Will you cheer? If you answer yes then read this:
***********************
You’ve got your work cut out for you if you’re attempting to drum up some sympathy for the racketeers at AIG, richfam. Yes, they should have just killed themselves and skipped the contract, IMO. The world would be a better place.

Power has always rested on the use of, or threat of the use of, force. Therefore it’s instructive to note which way the guns are pointing in a given instance.

For example, when the original TARP deal was cut, eight guys got together in a room and when they exited pointed a gun at the rest of us and said, “Hand over 700 billion dollars—or else.” (Or else the whole freaking system goes down.) On the other hand, when the auto companies asked for a measly 15 billion dollars to tide them over this very rough patch, it was the Congress that held a gun to their heads and said, “Not one dime until you f**k your workers by violating the sanctity of their contractual rights to decent wages and pre- and post-retirement benefits.” In both cases, the malefactors of great wealth or their toadies in Congress are wielding the guns.

The lesson here is that nothing good will come of this mess unless and until it is we, the people, who are holding a gun to the heads of the corporate aristocracy and their minions in government, and not vice-versa. As Hume’s Paradox points out, we have always had the power, and clearly, the time to use it is now.

Aux Barricades, mes amis!

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By Purple Girl, March 21 at 11:10 am #

“We the People” are the Laborers, the Consumers and the taxpayers the entire economy rest on. WE are all One in the Same.So I am constantly offended by the Repugs attempt to claim they are all different entities. Are they just experiencing the longitudinal effects of licking lead paint as children- or do they Think We are?
The Repugs and their Covert operatives dolled up in Blue camo (DLC’s ‘Third Way’), are nothing more than Red Coated foot soldiers for the Corp Crowns and their Noble class elites. ‘Trickle Down’ was blatantly a ‘let them eat cake’ doctrine. Who hasn’t realized the mechanism to Trickle Down are the beloved economic oppressive stratdgies of a Feudalistic Cast system? shit I recognized that shit as soon as it came out of the Alzheimer patient puppet Ronny’s mouth. Something you dont’ need to be a historical Einstien to figure out. “trickle”-verb, run out,exclude- Just a ‘Rogets 21st Century Thesaurus’, to comprehend. “FREE market”, “We the People” Who has been excluded thus causing the Economy to Run out of fuel?Trickel Down was an Innately UnAmerican, easily recognized and Avioded, Thus a Treasonous Doctrine and it should be Prosecuted as such.

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By Folktruther, March 20 at 4:08 pm #

Any agreement, including a legal agreement, is inforced by power.  As the US power system reaches the end of its life cycle, power becomes increasingly once sided as economic inequality reaches unprecidented proportions.  So the rich can do as they like, whatever the laws, unless the population mobilizes to stop them.  And the rich have Obama and his administration as their agents.

Report this

By Stanleigh Jones, March 20 at 2:14 pm #
(Unregistered commenter)

I realize that there are economies of scale that argue for the existence of large companies and corporations in the business world.  But it seems to me that “too big to fail” is a situation that works against the overall economy. Is there not some way that these huge commercial entities can be controlled in terms of their size?  If there were no “too big to fail” outfits out there in the larger economy it would be would be easier to let them take their medicine if through inept or illegal practices they were to fail. In such a case, then let them fail and let some other businessess with more responsible and intelligent practices get the business of those companies which through their own mismanagement have lost the respect and confidence of those they are supposed to serve.

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By richfam, March 20 at 11:31 am #

So a year ago some people received contracts for bonus payments that should never have been signed by management (the AIG management had to agree to the contracts). Now we have finger pointing, “naming names”, protests in front of these peoples homes, they’ve pulled their children out of school, death threats, grassley telling them the should kill themselves, 90% taxed, many have already retuned the money, evil foriegners (maureen dowd’s), their digraced, will not get a job again in their chosen profession…etc. Personalize it for a moment: You are a professional at AIG charged with taking some sort of risk on behalf of the firm, the previous quarter was aweful but your manager comes to you and says we’re commited to you, we need you to help right the ship and for that we want to retain you for 500k/yr for two years (that’s the 1mm we read in the paper btw). So what do you do? Sign the contract and feed your family or think no I’ll be blamed by congress, the press, and my neighbor of destorying the financial system..hmmm, I should just kill myself now and skip the contract. How do you comapre the collective bargaining agreement of the UAW (they have lawyers too I think) to these few contracts. Lets say one of these people actually commits suicide? Will you cheer? If you answer yes then read this: http://en.wikipedia.org/wiki/Waldorf_Statement

Report this

By Kathy Kang, March 20 at 9:36 am #
(Unregistered commenter)

As outraged as we are over the greedy people around us who feel special entitlement: This is not anything new,however,durng this tough times,it has been exposed more to the public. The wisdom of Winston Churchill,as so candidly displayed in his famous quote,is what all of us need to ponder upon each day: It has been hanging over the wall by my computer for quite some time,reminding me of humility and the real meaning of having a real “Life”.
It’s not so much about man-made laws—it’s about natural laws that’s based on common sense and a real sense of connectedness in humanity. Wish all the greedy executives among us would recite the following quote each time they feel urges to beat the system,by which we all fall victims in the end.

  “WE MAKE A LIVING BY WHAT WE GET,BUT WE MAKE A LIFE BY WHAT WE GIVE.” (Winston Churchill)

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By Trigger finger, March 20 at 9:28 am #
(Unregistered commenter)

PLEASE NOTE!
It’s too late.

AIG and CITI have seized control of the United State Government.

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By kajsa, March 20 at 8:13 am #

Why would Geithner and Summers be concerned about lawsuits from AIG anyway?  Who is going to pay for their lawyers?

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By msgmi, March 19 at 8:06 pm #
(Unregistered commenter)

Senate Banking Committee Chairman Chris Dodd, the author of the provision which gave AIG a loophole to bonus the financial bunglers is proof that most politicians are incompetent when it comes to making common sense decisions. DODD et al should have given AIG an ultimatum with a no bonuses provision or total takeover in receivership by Treasury and the federal Reserve. In the end, political hubris seems to rule the Hill, no matter who is in charge. Ideologue puppets have forgotten those on Main Street.

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By P. T., March 19 at 6:30 pm #

The AIG Philosophy:  “We don’t redo contracts.  Only the little people redo contracts.”

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By freedom loving american, March 19 at 6:05 pm #
(Unregistered commenter)

Exactly, but why stop there!

All the funny money/ derivatives/CDS could just as easily be voided too.  However since they were created solely to benefit the world’s riches, it will never happen. As you mentioned contracts are broken all-the-time do to economic changes. 

Then once they are voided and the funny money is removed from the system, criminal charges should be filed on all the culprits using the Patriot Act as they are terrorist trying to ruin our economy, after that do away with the patriot act. Next, once they all have life sentences and all the money is recovered and we have an economic surplus, with health care and a stable economy, we can take pleasure in living in a country that provides live, liberty and the pursuit of happiness for all.

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By J. N. Heich, March 19 at 4:58 pm #

The real problem with these “contracts” is that they ensure the bonus, before the work is done. How can they be held accountable for their actions, and what will motivate them to carry out their duties, when they are paid before the house is raised?

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By Lisa W, March 19 at 3:00 pm #

Thanks for this article.

If “the little guy” could afford litigation, his contracts probably wouldn’t be renegotiated so quickly.

If “the little guy” could afford lobbyists…...

Does “the little guy” have equal rights in this country?

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By Jason!!, March 19 at 1:15 pm #

You must be joking.

As the mortgage meltdown has shown, some people enter into bad contracts, some dont.

If you lose on your contract, the only person to blame is yourself.

The Democrat congress leaders have to play to both wall street and liberals. This is why you get so much double speak from them.

They have to be for bonuses and at the same time be against them.

But make no mistake, The Obama Administration protected the AIG contracts so if you want to blame anyone, blame them.

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By G.Anderson, March 19 at 12:51 pm #

Let’s not stop there. Millions of American’s sign contracts for credit cards, created by army’s of attorney’s. These contracts are so convoluted and perverse that without a legal degree, it would be hard to understand what your are signing. Even with an attorney the sublte details of your contract may not be fully understood until it goes before a judge.

Which brings us to the following. Your credit card contract allows your card company to raise your interest rate, any time they feel like it, charge you penalities for the slightest infraction, and cancel your card without cause, subsequently sending it to collection, where in a matter of days your bill can double or tripple, though you have done nothing wrong. After that they can force you to go to mandatory abritation, that prevents you from taking them to court, and getting relief from them.

If you just walk away they will take you to court, and lay claim to everything you own, from your house to your car to your first born child. It’s all in the contract.

And when, due to their incompetence, if they start to go under, you will be forced to bail them out through tax dollars collected from you.

Some people rob you with a gun, some with a pen, but theft by guile is just as much a crime as the mugger who put’s his Glock in your back at the ATM. It’s also a lot more profitable.

Maybe Californian’s should write letters to Mr. Cuomo in N.Y., maybe he could help us, because California sure as hell won’t.

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By Purple Girl, March 19 at 9:23 am #

It’s called a Feudalistic Cast System which began with ‘Trickle Down’..Duh.It’s been 30 yrs in the making,and during this time they have infested and infected every part of our form of Gov’t and Free market. Assuring that the country was enslaved and indebted ‘For the Corps and By the Corps’. Just family Crest with snapping updated Logos, Same ideology and agenda.
If we hope to regain our country from this treasonous doctrine, we must prosecute them for what they have done- not just War crimes, but Treason (esp Economic) and Crimes against Humanity. Start from the center of the Web of conspiracy Cheney,Rumsfeld and Wolfowitz and work your way down & outwards. Don’t forget the Clintons either. Hillary never recinded her Repug memebership card and Bill guaranteed our collapse with NAFTA and the singing of Gramm’s ‘Modernization Act’. Nor forget the Fed & Treasury Secs who have intentionally decided to be derelict in their duties of Oversight and Regulation/legal enforcment, which allowed the ‘Street’ gang to Defraud, embezzle, launder and extort money from individuals, workers, tax payers and consumers.
These are not merely ‘white Collar’ crimes, they are crimes prosecutable under RICO statutes, Treason, War Crimes and ultimatley Crimes against Humanity. additinally those who have acted as their PR depts in the mass media should be prosecuted under the same charges since they are the ones who dispensed the propaganda, which mislead and outright lied to the Citizens of this Nation- they were not acting under the Duties of a ‘Free Press’ or in the public interest which is key to a Democratic Society.

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By frank1569, March 19 at 9:08 am #
(Unregistered commenter)

Oh, no, “our” government never, ever, cancels contracts…

“The US Defense Department has taken away a contract to supply fuel to the US military in Iraq from Halliburton… Representative Henry Waxman, a Democrat and one of the key Halliburton critics in Congress, welcomed the decision to cancel the contract.”

What other evil, anti-American commie would dare to cancel the sacred contract?

“Conceding that the current television season cannot be salvaged, four major studios canceled dozens of writer contracts Monday.” (Jan, 2008)

“All construction contracts for the new GM engine plant planned for Flint have been canceled.” (Jan, 2009)

“Contracts Canceled for Aging Airtanker Fleet”

And, on a side note - what kind of moron would wanna do business with AIG at this point anyway, seeing as how the lying thieving bastards who screwed the world are still working there? It’d be like continuing to see the same doctor who mistakenly removed your arm instead of your kidney!

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By coloradokarl, March 19 at 7:55 am #

My landlord handed me the “contract”,the lease agreement about two years ago. I, being somewhat outspoken, preceded to express my opinion. “you know,’ I said, ” this is meaningless, to me, just a piece of paper” He smiled slyly and said “sign here and initial there”. We, in the “real world” are governed by Natural Law. Understanding and Compassion are the Judge and Jury. Let’s put the “Baby Boomers” out to pasture. It’s our turn….........

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By Margaret Currey, March 19 at 7:26 am #
(Unregistered commenter)

Libby is just blowing smoke these execs should not get a bonus because a bonus is when a company does good, not when it does bad.

Congress is not a poor group of men, and most of congress is still men, “the good ole boys”. and they must protect the industries that lobbied so they can stay in office and write laws with loopholes for the benefit of the rich.

The poor, the poor and “just eat cake”.

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