Hey did anybody else find this story featuring Jim Keady in the 
NYTimes on Saturday? The reporter is a longtime NYT staff guy, too.
You can say what you want about Jim, but he sure is "earnest"! This 
also might help some people understand what Educating for Justice - 
Keady's company - actually does. This stuff that came up at that 
council meeting about Jim's business benefitting by his helping 
homeless people find a place to stay is really misguided.
Maureen

Well-Meaning but Misguided Stock Screens 
By JOE NOCERA
 
In a small, packed meeting room at the Manhattan headquarters of TIAA-
CREF, an earnest man named James W. Keady rose to make a speech. TIAA-
CREF, as you probably know, is a huge financial services firm, with 
more than $400 billion in assets. Mr. Keady, 35, a former college 
soccer player with a master's degree in theology, is the founder of a 
group called Educating for Justice, which consists, essentially, of 
himself and his wife. It has a budget of $80,000.
 
TIAA-CREF's primary mission is to manage the retirement accounts for 
over three million academics, researchers, hospital workers and other 
members of the nonprofit universe. (The initials stand for Teachers 
Insurance and Annuity Association-College Retirement Equities Fund.) 
Educating for Justice's mission is narrower: Mr. Keady wants to bring 
the giant Nike Corporation to its knees. 
 
Or at least to force Nike to drastically improve the pay and working 
conditions of the thousands of people in developing countries who 
work in the factories that produce its footwear. In 1997, Mr. Keady 
was forced off the St. John's University soccer coaching staff 
because he objected so strenuously to a multimillion-dollar deal the 
school was negotiating with Nike. He has made Nike his life's work 
ever since, even living in Indonesia for a while to better understand 
the working conditions of the factory employees.
 
"Nike executives feel certain that the wages earned by people 
producing Nike products are sufficient for meeting an individual's 
basic needs in the local towns where goods are produced," he said 
Tuesday at the TIAA-CREF mutual funds shareholder meeting, his eyes 
ablaze with passion. "Unfortunately, based on Educating for Justice's 
ongoing research of the same, we are not as convinced." 
 
Like many activists, Mr. Keady was making his complaint to TIAA-CREF 
largely because of the firm's reputation for a kind of genteel 
activism. It also supports what's called socially responsible 
investing: that is, investing in companies that have strong records 
in areas like the environment and human rights, and avoiding 
companies with poor records. In 1990, in response to complaints by 
some of its academic clients who wanted to avoid investing in mutual 
funds that held oil, tobacco, military and other "bad" stocks, TIAA-
CREF began offering its first "socially screened" investment product. 
 
It currently has two; one of them, the CREF Social Choice Account, is 
the largest socially responsible investing vehicle in the country, 
with $9 billion in assets. And it clearly plans to do more. A few 
weeks ago, TIAA-CREF came out with an updated policy statement on 
corporate governance that stressed its desire to "engage with 
companies on governance, environmental, social and performance 
issues." One of its executives, John Wilcox, does nothing but manage 
the firm's work in this area.
 
Indeed, after the meeting, Mr. Wilcox approached Mr. Keady, and they 
huddled for about 10 minutes. Mr. Wilcox listened respectfully, and 
offered to meet with Mr. Keady for a longer discussion.
 
But then I spoke to Mr. Wilcox, and discovered something that 
surprised me. Nike, which had been kicked out of TIAA-CREF's socially 
responsible funds back when it was first engulfed in controversy over 
the treatment of workers in overseas factories, was reinstated in the 
summer of 2005. Which means that TIAA-CREF had come to the view that 
Nike had earned the right to rejoin the ranks of socially responsible 
companies. But what, exactly, was that judgment based on?
 
I should concede right here that I've always harbored some suspicion 
about socially responsible investing. The longstanding complaint from 
skeptics is that it forces investors to accept lower returns — 
because lots of rising stocks are excluded — for dubious social good. 
But performance isn't really the problem. A number of socially 
screened mutual funds have done just fine, and the benchmark Domini 
400 index, which is made up entirely of companies viewed as socially 
responsible, has actually outperformed the Standard & Poor's 500-
stock index over the course of its 16-year existence. Besides, most 
mainstream mutual fund managers don't consistently beat the market, 
so why should socially responsible fund managers be held to a higher 
standard?
 
No, my problem is that socially responsible investing oversimplifies 
the world, and in so doing distorts reality. It allows investors to 
believe that their money is only being invested in "good companies," 
and they take foolish comfort in that belief. Rare is the company, 
after all, that is either all good or all bad. To put it another way, 
socially responsible investing creates the illusion that the world is 
black and white, when its real color is gray.
 
Take oil companies. It's fair to say that the socially responsible 
crowd has no use for energy companies. For years, the only oil 
company such funds would even consider was BP, because of its early 
warnings about global warming and its embrace of environmental 
values. But in 2005, a BP refinery in Texas had a major explosion, 
killing 15 workers and injuring more than 100 others. And last year, 
the company spilled oil in the North Slope of Alaska. The world woke 
up to the fact that BP had a pretty shoddy safety and maintenance 
record. 
 
At the other extreme is Exxon Mobil, a company many socially 
responsible investors detest, because of its longstanding (and 
recently abandoned) reluctance to embrace the global warming 
consensus. Yet Exxon has a terrific worker safety record, and it 
hasn't had a serious oil spill since the Exxon Valdez in 1989. So 
which is the "real" good company here? You can probably guess which 
way I'd vote. 
 
The Nike case offers, I think, an even better illustration of the 
underlying contradictions of socially responsible investing. It turns 
out that the reason TIAA-CREF put Nike's stock back in its socially 
responsible portfolio is that a company in Boston, KLD Research & 
Analytics, had given Nike its seal of approval. KLD is a small firm 
that constructs socially responsible indexes, including the Domini 
400. Its 40-member staff includes about two dozen researchers who 
supposedly dig into companies and decide which should be included in 
its indexes — and which should be excluded. Its biggest index, the 
KLD Broad Market Social Index, uses the Russell 3000 as its universe, 
which it has whittled down to 2,050 companies it deems acceptable.
 
TIAA-CREF is a client of KLD. That means that in addition to 
licensing the KLD Broad Market Social Index and KLD's research 
products, the larger firm accepts KLD as its ultimate arbiter of 
which companies are socially responsible. Indeed, the prospectus for 
TIAA-CREF's socially responsible equity fund specifically states that 
its criteria for choosing companies are based on the KLD broad market 
index. 
 
Thus, last year, when KLD decided to toss Coca-Cola out of its 
indexes — for reasons including "controversies over how they market 
the product to schools," according to Eric Fernald, KLD's research 
director — TIAA-CREF automatically followed suit. (I should point out 
that this applies only to TIAA-CREF's socially responsible funds, not 
its other investment products.) Although not every one of its clients 
accepts KLD's word as gospel, the firm's screening methodology is 
widely accepted among socially responsible fund managers, and it 
consequently has a great deal of sway.
 
I spent a lot of time this week talking to people at KLD, including 
its co-founder and president, Peter Kinder. They are smart and 
likeable, and their heart is in the right place. But I came away 
thinking that that sway was undeserved.
 
Consider, first, the size of the place. Two dozen researchers are 
monitoring 3,000 companies — and writing in-depth reports? How is 
that even possible? It's not. Mr. Kinder told me that the employees 
almost never go abroad to do on-site inspections, but rely on media 
reports, blogs, interactions with activist organizations and 
conversations with the company itself. That hardly seems like enough 
to make a decision on whether a company is good or bad. 
 
Then there's the question of how KLD goes about reaching its 
conclusions. Nike's relationship with its manufacturers abroad was 
first brought to light by activists in the 1990s, who wanted to find 
a big brand that captured people's attention. As the largest seller 
of athletic shoes in the world, Nike was the obvious target. But Nike 
was using the same factories as Reebok and other shoe manufacturers, 
including Timberland, a darling of the socially responsible crowd. 
While Reebok and Timberland stayed, only Nike was ousted from the KLD 
index.
 
When I asked Mr. Fernald to explain why Nike was bad, but Reebok was 
good, he said, "We wrestled with that at the time." Reebok, he said, 
had taken some positive steps, but more than that: "Nike was the 
market leader. And there is an extra burden for the market leader." 
In other words, Nike was being punished because it had beaten its 
competitors in the marketplace, not because its practices were any 
worse than anyone else in the industry.
 
Today, a decade later, there is no doubt that Nike has done a lot to 
change its ways. It monitors its supply chain rigorously. It 
publishes data on its Web site. It has become a company deeply 
invested in corporate social responsibility, with 97 employees 
working solely on that division. Hannah Jones, who leads Nike's 
efforts, told me that corporate responsibility was now embedded in 
the fabric of the company.
 
Ms. Jones also said that the company has come a long way in helping 
those factory workers. And virtually everyone I spoke to, with the 
exception of Mr. Keady, agreed.
 
But it is also true that for most of those workers, pay is still low, 
conditions are still less than ideal and change is slow in coming, 
something Nike is pretty forthright in conceding. There are still 
lots of problems at the factories that make Nike sneakers.
 
Yet Nike is now back in KLD's good graces. Which is fine. But when I 
read a recent KLD report about Nike I had no sense that the firm had 
any deep knowledge of what is actually going on in those factories 
and how much of it is Nike's responsibility. Mostly, it was compiled 
from news clips and the like, much of which was from 2004 or even 
earlier.
 
"To throw them out was a questionable decision," said Dara O'Rourke, 
an associate professor at the University of California, Berkeley, who 
has closely studied Nike's overseas outsourcing. "And to put them 
back in was equally questionable." In his opinion, both decisions 
were based more on public perception than reality. 
 
Surely, he's right. It would be nice if we could invest our money 
only in companies that had terrific human rights record, fabulous 
environmental values and wonderful compassionate cultures.
 
Too bad it's impossible. 
 





 
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