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Patron Saint of Good Works, But Primarily Those in the Future |
Analyst
Disclosures:
- Oxford Commas provided by Eton
College in return for this promotional mention.
- AA holds no investment position (either short or long)
in BH. Or more precisely BRK.
Berkshire Hathaway
has made what I consider puzzling (at least on their
face) responses to two shareholder introduced
proposals for consideration at the 2021 annual general meeting.
Readers are invited to make their own judgments as to the motives for these responses.
You’ll find BH’s
proxy materials here.
The first proposal is that “the Company publish
an annual assessment addressing how the Company manages physical and
transitional climate-related risks and opportunities.” This
proposal contains suggested elements in that report but gives the
board “discretion” on framing the report.
Berkshire
replies that:
- The Board recognizes the importance of responsibly
managing climate-related risks to both shareholders and the future of
Berkshire and its operating businesses.
- The Board regularly
receives reports on the major risks and opportunities of the
operating companies, including those related to climate, and
discusses those risks and opportunities.
- Berkshire manages its
operating businesses on an unusually decentralized basis. There are
few centralized or integrated business functions. (At the BH
level).
- We want our managers to do the right things and we give
them enormous latitude to do that; consistent with our business
model, each subsidiary is independently responsible for identifying
and managing the risks and opportunities associated with their
business, including those related to climate change.
As
I read this, BH admits it has the requested information in one form
or the other (point #2) but pleads (point #3) that they don’t have
the staff at the holding company level to compile such a report.
Apparently,
hiring a third party to compile such a report would be a large and
extravagant expense. Note
that
is
my assumption. BH did not say this.
Interestingly
in arguing against adoption of this proposal BH then goes on to
recite the climate related
achievements of some subsidiaries in some detail.
In
light of the above comments about the small size of BH’s central
staff, I wonder who prepared
these.
Could
it possibly be
the same folks who prepare information on financial performance at
the subsidiary level? Note
my assumption is that it is staff at those subsidiary companies.
In
point #1 BH “recognizes” the “importance” of these issues and
in point #4, it “wants” the
managers
of
its subsidiaries
to do the “right things”, but as also outlined in point #4 isn’t
going to interfere
with the discretion entrusted to the
operating company managers.
BH's position on climate issues seems to AA to be similar to
St. Augustine who reportedly recognized the danger of sin, and
ardently
wanted
to do something about his
own personal situation,
but
not
today.
AA
wonders at
least rhetorically,
and hope you do too, if the Board takes same approach on operating
company financial performance. It “recognizes” the importance
of good financial
performance,
“wants” good performance, but lets the operating companies
“independently manage” financial performance.
The
second shareholder proposal requested that
“Berkshire Hathaway holding
companies annually publish reports assessing their diversity and
inclusion efforts, at reasonable expense and excluding proprietary
information
BH’s
Board responded that:
- Berkshire’s
commitment to diversity, equity and inclusion and the effectiveness
of our companies’ related programs starts with our leaders,
including our Board of Directors on which three female and two
ethnically diverse members serve.
- Mr.
Buffett, Berkshire’s Chairman and CEO has set the “tone at the
top” for Berkshire and its employees for over 50 years. During this
period of time, Mr. Buffett has a record of opposing efforts, seen or
unseen, to suppress diversity or religious inclusion.
- All
of Berkshire’s leaders – whether in our operating businesses or
on our Board – are extraordinarily qualified, committed to our
culture and focused on ensuring long-term success for
shareholders.
- The
proposal’s supporting statement indicates that “investors seek
quantitative, comparable data to understand the effectiveness of the
Berkshire Hathaway companies’ diversity, equity and inclusion
programs,” improperly suggesting that there is a standardized
technique for each of Berkshire’s more than 60 operating businesses
to address diversity, equity and inclusion.
- Berkshire’s
operating businesses represent dissimilar industries operating in
multiple locations throughout the world. It would be unreasonable to
ask for uniform, quantitative reporting for the purposes of comparing
such dissimilar operations in different geographic locations.
Again,
as I read points
#1 and #2, BH both recognizes and supports diversity and inclusion.
Though I’d guess that as outlined above in the discussion on
climate, the Board really doesn’t do anything to interfere with the
subsidiaries’ operations.
Also I'd like to call to your attention another demonstration of why many call Mr. Buffett the Oracle of Omaha: he apparently can see both the seen and the unseen.
Point
#3 was puzzling.
AA
wonders if it is designed to calm the potential worries that some
shareholders might have after reading point #2. All
that diversity. Is my money really safe?
I’d also note that two of BH’s
directors would qualify as senior citizens. So score a few more
diversity points for the Company.
Points
#4 and #5 raise a question about how BH is able to provide reporting
on its financial performance.
I
mention this
because
BH’s 60 companies operate in “different geographic locations”
and “different industries” in “multiple locations in the
world”.
As a consequence, it is highly likely they are using
different languages, different accounting systems, to say nothing of
accounting principles, and are subject to different laws.
It
sounds an impossible task, but if
you take a look at BH’s
2020 Annual Report, you will see a rather extensive discussion on
BNSF, BHE, and other of BH’s companies.
Were
these prepared by the 26 central staff in Omaha who,
if
this is the case,
might be the
modern day equivalent of the 300 Spartans?
Or were they prepared
by the subsidiaries
themselves?
Couldn’t
that be a solution if
only in part to
the shareholder proposal?
The
subsidiaries prepare such reports.
Who
better prepared to put their efforts and results in the appropriate
regional and industry context?
Perhaps,
with the
requirement that only
a few of BH’s 60 subsidiaries report each year.
With
the focus on the major subsidiaries.
Where
there is a will there is a way or so AA was told by his parents.
On
the wider topic of ESG itself, here’s a link to an
interesting piece at Bloomberg from January 2020 which
analyzes the differences between what investors profess and what they
do.
Two
salient points therein:
- Berkshire
tends to score low on ESG (even below Amazon) due to lack of reporting and its
holdings of coal-fired utilities. Mr.
Buffett’s Friedmanite
skepticism dogmatism on ESG may also be a
factor. - Most
investors who claim that ESG is a key element in their investing
philosophy do not practice what they preach. If
an investment has a high return, ESG
concerns vanish.
Virtue
is apparently not its own reward. Even
more interesting those
who claim
they would
shun an investment in Amazon because of concerns about workers’
rights, would definitely shop there. There are a lot of St.
Augustines about, it would seem.