Paraphrase This: How High Did This Scheme Go?

Yesterday morning, Burger King's Senior Analyst of Communications, Denise Wilson, sent me an e-mail saying that the company had "terminated two employees who participated in unauthorized activity on public Web sites which did not reflect the company's views and which were in violation of company policy and its ‘Code of Business Ethics and Conduct.'" The statement also said, "The company has discontinued the services provided by Diplomatic Tactical Services, Inc. (DTS) for violation of the company's code of conduct." CEO John Chidsey claimed, "Neither I nor any of my senior management team were aware of or condone the unauthorized activities in question."

The statement raised as many questions as it answered, such as which two employees were fired? "We do not comment on personnel matters," Wilson replied. (Shortly thereafter, the dismissed employees were identified by Amy Bennett Williams of the Fort Myers News-Press as vice president Steven Grover and spokesman Keva Silversmith.)

What did DTS do that was a "violation of the company's code of conduct"? "DTS is no longer a vendor due to its violation of BKC's code of conduct," Wilson wrote back.

Say what?

Steve Grover is a Vice President and was the point-person in all of the talks with the Coalition of Immokalee Workers (CIW) regarding these labor issues. He was linked to the web postings – so how is it that no one on the senior management team knew about the "unauthorized activities"? "Steve Grover, although he is a vice president, is not considered part of senior management," Wilson said.

Alright. Well, how was it that Burger King employees – outside the knowledge of the CEO and his senior management team – were able to issue orders to DTS, including the infiltration of the Student/Farmworker Alliance (SFA)? Pay DTS for these services, etc.? "Senior management did not request and had no knowledge of the reported improper DTS activities related to meetings of the Coalition of Immokalee Workers (CIW) or Student/Farmworker Alliance (SFA)," Wilson insisted.

But here's the kicker. Mr. Chidsey's comments in October at Davidson College are strikingly similar to the comments on the web that BKC now says "do not reflect the company's views" and have led to the two firings. These false statements included: "The union said the money has to go in the union coffers and ‘we'll decide what's better for the workers.'" If this doesn't reflect the views of the company, shouldn't Mr. Chidsey make a public apology for those comments at the very least? How can some BKC employees be "terminated" for echoing the public comments of their CEO, while the CEO himself just moves on without any acknowledgment or penalty for his own error or culpability in setting this tone?

"We do not have a record of Mr. Chidsey making these statements on file," Wilson wrote me.

So, I provided her the record (and now you have the record too – here and here– the latter is a video requiring Real Player and the "union" comment begins just after 20 minutes.) When the school's newspaper, The Davidsonian, ran an article calling for Chidsey to retract his statements, Chidsey wrote a letter to the editor saying, "I stand behind all the comments I made in answering the questions regarding the CIW and farm workers and invite anyone who doubts our integrity to be in touch with me directly."

Well, I took him up on his offer and, so far, I've not been scheduled for an interview.

But I did receive this reply from Wilson today: "We just had the opportunity to view the complete video…. Mr. Chidsey said that we would take the ‘penny per pound' equivalent which is approximately $300,000 and put it towards housing, schools and scholarships that would assist the tomato pickers directly. And the response we received from the CIW was no. His quote of ‘no way, no how, the money has to go in the union coffers and we'll decide what's better for the workers' was Mr. Chidsey paraphrasing the CIW response."

Seriously – that was paraphrasing? Well, it was that same "paraphrasing" to the media – accusing CIW of taking money from the penny-per-pound deal, CIW wanting a "secret deal," and demanding a check signed to them – that caused the Rev. Dr. Clifton Kilpatrick, the Stated Clerk of the Presbyterian Church (USA) which was closely involved in the Yum Brands (owners of Taco Bell, KFC, Pizza Hut and other chains) and McDonald's negotiations, to write Burger King saying, "We are troubled that you have seen fit to try to damage the credibility and reputation of the CIW, an organization that has a proven record of integrity and good working relationships with other corporations." Both Yum and the Carter Center wrote similar letters in an effort to set the record straight.

Not long after Chidsey's "paraphrasing" at Davidson, the comments ceased in the media. But they started appearing with more frequency online – until those too were linked to Burger King, as was the use of Diplomatic Tactical Services to spy on the Student/Farmworker Alliance.

Wilson closed her e-mail today, writing, "We have a meeting scheduled with the CIW this week and are committed to finding practical, tangible ways to help ensure decent wages and working conditions for all the tomato harvesters in Immokalee."

I couldn't confirm this meeting, but let's hope it's true. Certainly there are some Senators who want to see Burger King act in good faith here – and quickly. Senator Richard Durbin released a statement saying, "I am happy Burger King admitted the unethical misconduct of its workers and contractors against non-violent groups like the Student/Farmwork Alliance and CIW. But the only way to end this honorably is for BK to act immediately to pay a penny a pound increase to these exploited tomato workers in Florida."

And Senator Bernie Sanders released this statement: "A major corporation like Burger King should not have a vice president posting inflammatory anti-worker messages on the Web, nor should it be hiring spies to infiltrate non-violent, pro-worker organizations like the Student/Farmworker Alliance or Coalition of Immokalee Workers…. I'm delighted that the corporation has fired those people involved in those despicable actions, but we should make sure that we find out how high up the corporate ladder this scheme went. Now is the time for Burger King to join other fast-food corporations, like McDonald's and Yum Brands, and support a penny-a-pound increase for the tomato workers in Florida, perhaps the most exploited workers in the United States today."

So it seems that Senator Sanders is committed not only to the pressing issue of farmworker poverty, but also finding out who knew about the spying, and the online smear campaign against CIW and the SFA.

But, hey, I'm just paraphrasing.

With reporting by Greg Kaufmann, a freelance writer residing in his disenfranchised hometown of Washington, DC.

Comments (9)

1. Thank you for the continued coverage of this issue KVH.

   ("How can some BKC employees be "terminated" for echoing the public comments of their CEO, while the CEO himself just moves on without any acknowledgment or penalty for his own error or culpability in setting this tone?")

   It's America? CEO's are only responsible for the good, not the bad.

   Cheney is not part of the executive branch and VP's are not part of senior mgmt?

   What a topsy turvy world we live in.

   Posted by crabwalk at 05/14/2008 @ 7:35pm

2. and lvliberty1 --stick to whining at thenation.com...it is a free nation and Nation--one which respects diversity of opinion...tho suggest you do not from your post.And might I add that you flash "socialist" as if a warning/danger sign when I would venture you have no idea what socialistic ideas mean...fairness, opportunity, equality..no contempt for the ordinary and decent working people of this grand land...your contempt soars through in your posts

   Back to american idol

   kvh

   Posted by Katrina vanden Heuvel at 05/14/2008 @ 9:43pm

3. Mask, if you are simon cowell....I am Ron Paul. cheers, kvh

   Posted by Katrina vanden Heuvel at 05/14/2008 @ 10:40pm

4. nowhwere near the margins you suspect! Much MORE modest,,,keeps us going --on web and in print, esp with the postal rate hikes we are bearing..BUT we will survive and thrive! kvh

   Posted by Katrina vanden Heuvel at 05/14/2008 @ 11:09pm

5. happy, i was not "mocking" the cruise. i would not mock people who otherwise do so much good. i was just trying to say that intelligent people can get together, talk, drink, party and plot without causing so many problems.

   it's not just the co2.

   there's all that fecal matter.........

   "A 3,000-passenger cruise ship (considered an average size, some carry 5,000 or more passengers) generates the following amounts of waste on a typical one-week voyage:

   1 million gallons of "gray water"

   210,000 gallons of sewage

   25,000 gallons of oily bilge water

   Over 100 gallons of hazardous or toxic waste

   50 tons of garbage and solid waste

   Diesel exhaust emissions equivalent to thousands of automobiles

   In addition, these ships take in large quantities of ballast water, which is seawater pumped into the hulls of ships to ensure stability. This water is typically taken in at one port and then discharged at the ship's destination, which can introduce invasive species and serious diseases into U.S. waters. A typical release of ballast water amounts to 1,000 metric tons."

   and the ballast water.......

   Posted by frosty zoom at 05/14/2008 @ 11:21pm

6. Holland America Line Operating Company Agrees to Plead Guilty to Illegal Discharge of 20,000 Gallons of Untreated Sewage into Juneau Harbor

   Release date: 12/7/2004

   Contact Information: Deborah Smith, U.S. Department of Justice epa-seattle@epa.gov 907-271-5071

   United States Attorney's Office District of Alaska 222 West 7th Avenue, #9 Anchorage, Alaska 99513-7567

   FOR IMMEDIATE RELEASE Tuesday, December 7, 2004

   Anchorage, Alaska – Rear Admiral James C. Olson, Commander 17th United States Coast Guard District, Timothy Burgess, United States Attorney for the District of Alaska, and Thomas V. Skinner, Acting Assistant Administrator for Enforcement and Compliance Assurance for the United States Environmental Protection Agency (EPA), announced today that HAL Maritime Ltd ("HAL"), an Operating Company of HOLLAND AMERICA LINE CRUISE SHIPS, has agreed to plead guilty to federal criminal charges arising out of the negligent discharge of 20,000 gallons of untreated sewage into Juneau harbor from the cruise ship Ryndam in August 2002.

   i know you need the money. but there has to be a better way.

   Posted by frosty zoom at 05/14/2008 @ 11:25pm

7. Former Holland American Line Executive Pleads Guilty and is Sentenced for False Compliance Reporting Release date: 07/14/2004

   Contact Information:

   Christopher Lagan 202-564-7338 / lagan.christopher@epa.gov

   (07/14/04) Richard K. Softye of Seattle, Wash., former Vice President-Operating Line Compliance at Holland America Line and a former career Coast Guard Officer, pled guilty and was sentenced on charges that he falsely reported that the Holland America Line was implementing its portion of a court-ordered environmental compliance plan (ECP). The Court ordered Softye to pay a $10,000 fine, serve three years probation and perform 450 hours of community service. The ECP was required of Carnival Corporation, the parent company of Holland America. In April 2002, Carnival pled guilty to charges that it made false entries in its Oil Record Books and was ordered to pay $18 million in fines and environmental service projects. Carnival was also ordered to institute an environmental compliance program in all of its lines, including Holland America. Oil Record Books are required to account for the disposal of waste oil aboard ships. The release of waste oil into the sea can harm fish and other aquatic life. By falsely reporting that Holland America was implementing an environmental compliance audit program, Softye compromised the integrity of Carnival's ECP and hindered the Court's ability to oversee Holland America's compliance. Sentencing was handed down on June 29 in U.S. District Court for the Southern District of Florida in Miami. The case was investigated by EPA's Criminal Investigation Division Office in Miami and the FBI. It was prosecuted by the U.S. Attorney's Office in Miami.

   and i haven't even started looking into carnival.......

   Posted by frosty zoom at 05/14/2008 @ 11:32pm

8. It's a wonderful way to vacation.

   Posted by lvliberty1

   especially for fiddlers.

   Posted by frosty zoom at 05/14/2008 @ 11:41pm

9. And, in protest, I'll order the Whopper Junior meal instead of the whopper meal....

   Posted by TransitDave

   i think it's your liver that will protest.

   Posted by frosty zoom at 05/16/2008 @ 01:28am