One thing about the Southwest airlines logistics disaster is how it has the same cause as the threatened railroad strike and low domestic oil production and the lack of semiconductor manufacturing:

U.S. companies had more than enough money to fix it in advance, but they chose to goose their valuations with investor windfalls like stock buybacks.

The question is why our tax laws don't discourage that.

@maxkennerly go ahead and throw the Texas power grid in there as well.
@maxkennerly Because we haven’t had a fully functional Congress since the end of Obama’s second year.

@maxkennerly and this isn't just a hypothetical. Stock buybacks only became a thing in the early '80s. Go back prior to that. They were non-existent. They're unnecessary and purely a byproduct of federal tax law.

Equity investors can look for companies that pay a dividend if they want direct cash payments for their investment.

@maxkennerly

Plundering is the trending business model.

Poor conditions and low pay for truckers helped fuel supply chain crisis

Experts say some of the supply chain delays at ports are due to a misclassification of truckers not a shortage.

NBC News
@maxkennerly spot on. Increasing stockholder value has become the single motivating force for business decisions, not customer satisfaction nor product value. Just another example of why pure capitalism is both corrupt and anti-democratic.
@maxkennerly
I have to respectfully give that a fully throated disagree! Oil production and the chip industry off-shored in search of lower labor/material costs. Selling our production capacity is not the same as letting a domestic source of travel service rot. The only commonality is that the profits go to the management & shareholder base.

@skydog except the domestic semiconductor and oil industries in fact spent hundreds of billions on buybacks and dividends over the past decade

that's not losing to offshore competition, it's choosing not to invest

@maxkennerly
It's so much worse than you know. They're not even doing real stock buybacks, they're doing something called "sterilization." Ben Hunt sums up the result:

"I believe that there has been a truly astronomical transfer of wealth – well more than a trillion dollars – over the past ten years from shareholders of publicly traded companies to managers of publicly traded companies. Not founders, not entrepreneurs, not risk-takers … managers."

It's beyond infuriating.

@maxkennerly Ooohh, I know, I know! It's because the people who'd make such laws are invested in those same goosed stocks!

@maxkennerly

A SCOTUS decision some years ago (before Trump, IIRC) held that publicly-held companies' ONLY duty is to their shareholders. Not customers, not vendors, not employees.... just shareholders.

It was a totally dingbat decision, right up there with Citizens United, in the damage it's caused. Also right up there with the 19th Century SCOTUS decision which declared corporations as "legal persons."

@CaseyL @maxkennerly The decision that's commonly cited for this is Dodge v Ford (1919). It was Michigan Supreme Court, not SCOTUS. It's really unclear that it would hold up as an actual precedent, given that pretty much every company is incorporated in Delaware. But CEOs loooove to use it as a justification for whatever BS they're doing.
@CaseyL @maxkennerly Also, there's so much freedom to define what might be in "shareholders best interest" that Dodge holding up wouldn't even mean much. A long term holder of a stock might prefer prudent capital investment, whereas a flipper might prefer crazy buybacks or liquidation.

@GlyphStory @maxkennerly

You're right! I know (or thought I knew) I had read about a more recent case in which SCOTUS upheld the shareholders-uber-alles reasoning, but now I can't find any decision that is on point.

What I did find was an article from 2019 wherein The Business Roundtable staked a claim that corporations MUST be socially responsible. But that was before Covid upended everything; not sure if their project is still active.

@CaseyL @maxkennerly Oh! You may be thinking of Revlon (https://en.m.wikipedia.org/wiki/Revlon,_Inc._v._MacAndrews_%26_Forbes_Holdings,_Inc.) It's from 1986. Also not SCOTUS, but from the state court that actually controls this stuff (DE). That one isn't crazy and probably does kind of hold, if someone is trying to take the company private. But it does get brought up as justification outside of that context, which is BS. (IMHO, IANAL)

@CaseyL @maxkennerly The reason I say it's not crazy is that as I read it, it just says that you can't use long term shareholder interest as a justification for accepting a lower buyout price when a company is going private.

Which, eh. To the extent that it implicitly asserts shareholder rather than STAKEholder primacy, I hate it, but it is at least narrow as written.

@GlyphStory @maxkennerly

I was thinking of two main prongs: using "shareholder value" to do a hostile takeover/LBO; and corporations refusing to take part in or even acknowledge the interests of the community around them. I.e, corporations used to be major donors to things like museums, hospitals, schools, and other "local assets." I don't know if they still are.

Many lawsuits are in process against Musk over taking Twitter private - but not SFAIK any former shareholders, who made $$$$.

@maxkennerly It’s almost like the people who make tax law are benefiting from those stock transactions. Hmmm…

@maxkennerly
"same cause as the threatened railroad strike"

You should be more specific. What would the railroads have "fixed" with their profits? Southwest airlines did not have a problem with sick-days...

@tomgrzybow gosh maybe hire more people so workers can get sick days off?

take your "I'm very stupid" trolling elsewhere

@maxkennerly @tomgrzybow

I am quite stupid, but not a troll. By what mechanism can the railroads possibly hire more workers when the shareholders and the BOD is against just that?

@maxkennerly @tomgrzybow

"are against just that."

_And_ are _supported_ by Congress and the President of the United States?

@maxkennerly feels like we keep having an avoidable disaster at least once a week
@maxkennerly tax rates are low, so there is not a big break in spending capital
@maxkennerly Not just tax laws but securities laws. Why are stock buybacks not considered stock manipulation?
@maxkennerly I haven't received dividends from Southwest in quite a while. Wish I had though. I think the last time I got any dividends was 2019.

@maxkennerly I’m a US citizen currently living in Armenia. A Brit who owns a small business here told me that the business pays a tax on the dividends it pays out.* The receiver of the dividend does not. This struck me as an incredibly powerful way to incentivize reinvestment.

*The system is likely more complicated than this. It was a casual conversation.

@maxkennerly In reality, that's only "the question" if you like asking questions that we already know the answers to.

@maxkennerly @kornbluh I used to work in aviation. Even in the best of times, airlines are barely profitable - see chart linked. https://archive.ph/KqZ5R

And they lost a lot of money during the pandemic. So if they put off the large capital and operational expense of moving to a new scheduling system, I understand why.

Of course the outcome of that gamble was not fun for anyone involved. But the idea that the airlines are rolling in money, or that they over-reward their shareholders, does not seem to be in keeping with the facts.

More to the point, I'm not sure the stock market is going to reward Southwest for what happened. The reputational hit alone is going to be significant. This will damage both the airline and its shareholders.

As for regulation, the idea that aviation - an industry dominated by regulation - needs more, is at best problematic. You only need to see how sternly the Dept of Transportation reacted to this to know how tightly controlled this space is.

More regulation would likely lead to even more unintended consequences, most of which would impact consumers.

archive.ph

@fallingbeam
They were profitable enough to do $5.6 Billion in stock buybacks in the 3 years prior to the pandemic, and were doing well enough afterwards that they became the first airline to reinstate dividends. All while knowing that their IT and infrastructure from the 1990s was a house of cards, but not bothering to invest the money to fix it because it would've counted against their short term bottom line.

@maxkennerly @kornbluh

@fallingbeam
And saying that it was "not fun for anyone involved" is F🤬CKING disrespectful to the thousands that were stranded in airports.
@maxkennerly @kornbluh

@fallingbeam @Incognitim @kornbluh @maxkennerly Also, while Southwest undoubtedly lost a lot of money during the pandemic, their CEO compensation numbers from 2019 and 2020 reflect the priorities that Max originally cited.

Like PG&E paying outrageous CEO packages while failing to do mandatory forest maintenance around their power lines in California, causing devastating wildfires year after year: it’s short term individual gain not long term collective.

@krudell @fallingbeam @Incognitim @kornbluh @maxkennerly
How the fuck did the median employee pay drop by 35% in ONE YEAR?!
@Incognitim @fallingbeam @maxkennerly @Bullix @kornbluh CEO: (sitting in golden bed) Sorry we’ll have to cut your hours. You see, there’s a very costly pandemic…
@krudell @Incognitim @fallingbeam @maxkennerly @kornbluh
lol.
And why do they use MEDIAN employee income instead of average income anyway? My understanding is that the median is just the middle of the spectrum of employee pay...but I guess if they did the average AND included executive pay, the average pay would look like its way higher.
@maxkennerly @Incognitim @fallingbeam @Bullix @kornbluh As the pandemic impact (and public perception) got baked into the balance sheet in 2021, CEO compensation dropped. But Southwest was still fine with 70x median pay.
@krudell @maxkennerly @Incognitim @fallingbeam @kornbluh
I did note the ratio. And, sadly, it seems like a lower ratio than the average corporate golden parachute brigade normally enjoys. I just cannot understand how they justify increasing a CEO's pay by, what, 45% over a 2 year period? And, no, I refuse to accept their standard "We have to pay to keep the talent" line. Because, lets face it, merit seldom has shit to do with who is CEO lol.
@krudell @kornbluh @Incognitim @maxkennerly @fallingbeam
And, as my final act, I will cut to the chase of my thinking and simply say "eat the rich!" lol
@maxkennerly @Bullix @fallingbeam @Incognitim @kornbluh As good a New Year’s resolution as any 🤷🏻‍♂️
@krudell @maxkennerly @fallingbeam @Incognitim @kornbluh
I hear they go well with a nice Bearnaise sauce and pair nicely with chianti!
@krudell @maxkennerly @fallingbeam @Bullix @kornbluh
Not to mention how they deal with their pilots and flight attendants, who are (*checks notes...*) kind of important!
https://simpleflying.com/labor-relations-at-southwest-airlines-turbulent/
@Incognitim @krudell @maxkennerly @fallingbeam @kornbluh
Oh, SUUUUUURE, like mistreating the pilots who hold the lives of hundreds in their hands at least once a day would ever go wrong....
/Sarcasm
@Bullix @krudell @maxkennerly @fallingbeam @kornbluh
💯. Not to mention the flight attendants who've had to deal with an *inordinate* amount of sh!t for the past couple years.
@Incognitim @fallingbeam @maxkennerly @kornbluh textbook bad management over the long term. This will become another case study in how not to manage an org.
@Incognitim @fallingbeam @maxkennerly @kornbluh to add a detail into why it is poor management, the root cause is due to a failure to invest in IT (including the humans) at the very least to a maintenance level. If your IT infra is not being maintained, that is basically the definition of technical debt. Eventually that debt is called due one way or another.
@tippenring @fallingbeam @maxkennerly @kornbluh
Yeah- the myopia is astounding. They'd basically factored in a 'minor' meltdown to happen about once a year, and then just used the power of positive thinking to bet against a major sh!tstorm occurring on their watch. 💩

@maxkennerly

The behavior you describe leads to executives and wealthy investors making huge sums of money. Our laws are designed to be bent in a way that promotes anything that allows wealth accumulation by the already wealthy. It’s no secret.

Why does that happen? Because we have the best government money can buy. And it isn’t cheap to buy into it.

@maxkennerly
They did it because they can. They don’t care. This won’t hurt their bottom line at all.
@maxkennerly When both major political parties require their elected officials to spend most of their time canvassing for "campaign contributions" as a term of party membership, they don't have time to do research, learn, or stay relevant on their own. They're forced to turn the lobby to do all the research and expedite learning. Consider who controls the lobby...
@maxkennerly well not really what is happening with Semiconductors. You see Japan is giving 40% subsudies and Europe 30%. So the companies don't really care where they get built, but Americans should as it is a national security risk and also creates high paying jobs.

@RudyRusso go look up how much u.s. semiconductor companies spent over the past 20 years on buybacks versus capital expenditures

hint: it's about equal

@maxkennerly yes. I'm not denying the buybacks. I'm saying the reason for the CHIPS act isn't because the semi companies did not have the money for Capex. The reason is clear because they are more than willing to put fabs offshore. Semis as a whole have been grown for decades, yet the US percentage of semi manufacturing has plummeted to 12% globally. They have plenty of money to invest, they just needed a reason to do it in the US.
@maxkennerly There's no question here either: politicians and their buddies benefit from such windfalls.
@maxkennerly
And the answer to that question is who writes the tax laws.
@maxkennerly @spaf this is also why Apple chooses to not fix its store and payment systems, resulting in a bunch of different incompatible places across all its products and stores for payment and account management. It’s a nightmare for customers, but there is no revenue line for improving this. It would probably cost north of $1 billion, and nobody in Apple has apparently been able to lobby to start work on it.

@glennf @maxkennerly @spaf

Yes, Apple’s back end systems have been a nightmare for years. I’ve seen weird issues I presume arise from algorithmic matching across disparate databases.

It’s a career ending problem to address. Cook would have to drive it.