November 4, 2004

Time Inc. Ends Stock Options to Employees

Unilateral action prompts arbitration by the Guild

Earlier this year Time Inc. announced to the Guild that it would be ending its Stock Option grants in 2005. The Guild was reluctant to publicize this at the time because it was receiving mixed messages from the company.

For instance, after the company’s HR representatives informed the Guild of its intent, CEO Ann Moore indicated to an employee in an e-mail that the company would probably be replacing the options with a profit-based program.

Who do you believe, HR reps or the CEO? Apparently the HR reps, who insisted that no such program was being contemplated. The Guild filed for an arbitration to be held by arbitrator Martin Scheinman, who mediated the Stock Option settlement of February 2002 between the Guild and Time Inc. that resolved the Profit-Sharing arbitration filed by the Guild in 2001.

Company asks Scheinman to step down

In an astonishingly bizarre move at the arbitration, held on September 24, the company said that Arbitrator Scheinman should not have jurisdiction over the Stock Option issue, despite the clear understanding of both parties in the 2002 settlement that he would “retain jurisdiction over any disputes concerning the issues resolved.”

The company asserted that only issues regarding the 2002 Stock Option memorandum of agreement, the resolution, and not any dispute over the Guild’s Contract with Time Inc., could be heard by Scheinman. In essence what the company is saying is that they did not violate the 2002 agreement and if the Guild has any dispute to bring forward, it’s an alleged contract violation and there was no agreement between the parties to have Scheinman preside over that.

Bait and switch the lawyers

In this case the bait was the agreement to give Scheinman jurisdiction  “over any disputes,” and the switch was from Time Inc.’s attorney in the 2001-02 case, Martin Oppenheimer, to Joseph Baumgarten.

Guild lawyer Irwin Bluestein said at the hearing that he and Oppenheimer had agreed that Scheinman would hear the new dispute arising out of the company’s ending of Stock Options. Scheinman asked Baumgarten if he was aware of this. Baumgarten replied, “No, I was not, and I am not.”

In other words, he was insisting that he couldn’t take Bluestein at his word. Scheinman said that he would have to figure out whether Oppenheimer and Bluestein had such an agreement, and thus far neither Baumgarten nor Oppenheimer has responded to attempts by Bluestein to confirm the agreement.

But that was only six weeks ago, and evidently that was not nearly enough time for a stonewalling Time Inc. to answer a simple yes or no question.

Just part of the 2005 package for employees

The Guild hopes that its covered employees have good fortune in 2005, because the company is certainly not going to provide for them. Here’s how things stand as of today:

·        2% raises for everyone on February 1 (if the 2004 raises are any guide).

·        No Stock Options or Profit-Sharing (traditionally worth roughly 8%-10% of salary).

·        100% increase in health-care premiums for everyone, going up to as much as 2.5% of salary.

·        Specialist-visit co-pay increase of 33% (from $15 to $20).

·        Prescription-drug co-pay increases of as much as 433% (from $7.50 to $40).

·        10% decrease in coverage for United Healthcare members for all non-office visits, including hospital, X-ray, lab and surgery).

It’s very hard to calculate the cost of all of this, but New York Guild President Barry Lipton estimated at a health-benefits meeting held on November 4, that the total package could be a decrease equivalent to 9.5% to 11% of the salary of Guild-covered Time Inc. employees.

The Guild’s counterproposals for health benefits will follow in another On Time shortly.

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11/04/04