Tuesday, October 14, 2014

The absurdity in their seemingly logical talk

Imagine a lawyer standing in front of a judge, defending his client with an argument that goes like this: “Yes judge, we admit that my client has embezzled a million dollars from the bank, but do you know how many depositors the bank has? I'll tell you how many; the bank has 10 million depositors. If you can do math as well as my client, you'll find that this comes to ten measly pennies per depositor.”

The lawyer does not stop here; he expands on the defense of his client with this: “In addition, judge, my client is no ordinary bank robber that just came off the street. He is a husband, a father and a respected member of the community where he lives … it is this community, judge. And as it is known to everyone, this man is a stalwart contributor to his church, a man who sends his children to Sunday school, one who decorates his house on Halloween and at Christmas time.”

And the lawyer closes the argument with this: “What this court needs to know, judge, and what this community needs to understand is that the branch my client has embezzled is but a small one in a large bank that contains thousands of branches across the country. Yes, my client only works for the branch he embezzled, but he has access to information on the entire organization. And he knew that embezzling a million dollars was not going to affect the depositors anymore than foregoing the smoking of a single cigarette would hurt a smoker. It might even do him some good.

Well then, what would you say the judge should do in a case like this? If you ask the audience in the courtroom and the community at large, the overwhelming majority will say: throw the book at the embezzler, and throw the lawyer in the sort of institution from which no one comes out till they are ready to ride inside a wooden box, and go to where silence is a permanent feature of the landscape.

But why am I telling you this story? I am telling it because it is a real story, one that unfolds everyday in one form or another across this land and many lands around the world. The latest example has come in the form of an article written under the title: “About That CEO/Employee Pay Gap” and the subtitle: “The average chief executive makes $178,400 – about five times the average worker, not the 331-to-1 commonly cited.” It was co-written by Mark J. Perry and Michael Salsman, and published on October 13, 2014 in the Wall Street Journal.

The authors make clear at the start of the article that the readers will judge their performance as they plead the case of the Chief Executive Officers whom, they say, have become “an easy target” for politicians running for re-election. They take up the case even though no one has accused the executives of embezzling from the companies they run. Still the reality being that the executives do embezzle inside a legal framework that does not prosecute them, the suggestion was to create a framework that will diminish the ability of executives to take advantage of the system and give themselves what no one would give them.

By getting behind the CEO/Employee Pay Fairness Act whose goal is to prevent publicly held companies from deducting executive compensation over a million dollars unless they give all other employees raises that offset the cost of living, and take into account labor productivity, the politicians who spoke up, only tried to level the playing field. They did not seek to punish the executives or anyone. Even then, the move by politicians upset the authors-turned-lawyers so much so that they mounted a defense to plead the case of the executives. They did so using absurd arguments that resemble those used at the start of this presentation.

They also used all kinds of numbers, statistics and analysis to say that the gap between the CEOs and their workers is narrower than it was claimed by some people. But that is beside the point because (a) it is irrelevant to this discussion and (b) you can argue the numbers all you want without reaching a conclusion given that liars can figure even when they quote figures that do not lie.

What is at issue here is the nature of their defense ... which goes like this: “If the executive team were able to redistribute 25% of their [income,] the net impact on hourly pay would be just over a penny-per-hour raise. Even if the executive team took a 100% pay cut and distributed the money equally to the part-timers, hourly wages would only rise by five cents.” And they rest their case in the hope that the judge will understand.

So let the public judge them by that and decide what to do with them. Just in case, where is the nearest suitable institution?