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mPower

Up Close and Personal: How One Company and Union Agreed On A 401(k) Plan


By Clifton Linton
Writer, mPower

In this article:
A Case Study

The Old Plan

The Negotiations

The Final Result

Ron Chen, 54, is an 18-year veteran copy editor for the Wall Street Journal. In that time, the company has been good to him with its retirement benefits.

For years, Dow Jones & Co. Inc., publisher of the Wall Street Journal, annually contributed an amount equal to 15% of Chen's salary to its profit-sharing plan. Additionally, Chen was allowed to contribute money of his own, on an after-tax basis, to the plan.

But, in the wake of weak financial results, Dow Jones wanted to rescind the profit-sharing plan this year. In its place, the company was offering a 401(k) plan with a 50% match on the first 6% of salary and a money purchase plan with a 5% contribution. The company's maximum contribution to workers' retirement would fall from 15% of salary to 8%.

That didn't make Chen happy. He worried about his financial future and that of other Dow Jones employees. Chen, you see, is president of the Independent Association of Publishers' Employees (IAPE), the union that represents Dow Jones employees including reporters and administrative personnel in the U.S. and Canada.

A Case Study

What follows is a case study in how Chen, IAPE and Dow Jones developed a new retirement plan as a part of contract negotiations. It shows how employees can educate themselves in order to ask for an improved retirement plan. Further, it shows how management and employees can work together to create a plan everyone will like and use.

Dow Jones' new retirement plan is scheduled to start in January 2000, says Dick Tofel, company spokesman.

The Old Plan

For years, Dow Jones' employees were enrolled in a profit-sharing plan. Annually, the company contributed an amount equal to 15% of the worker's salary to the plan. The company made a full contribution despite a plan rule saying contributions were supposed to be based on the Dow Jones' financial performance. In theory the rule said that when the company did well, the contributions would be generous. When the company did poorly, the contributions would fall.

Two aspects of the plan were unique. Employees could choose among 14 funds in which to invest their retirement money, and they could contribute after-tax money to the plan.

During the go-go years of the 1980s, as Wall Street prospered and boosted its advertising in the Wall Street Journal, Dow Jones was easily able to make a full contribution. However, in the 1990s, Dow Jones ran into financial trouble when ad revenues and newspaper circulation slipped and a major investment soured.

Regardless, the company continued to make the full contributions to the profit-sharing plan. But, it realized it couldn't continue.

"That plan was competitively out of whack. It was too rich by competitive standards," Tofel said.

In 1999, IAPE's three-year contract with the company expired. Dow Jones made it clear it wouldn't continue the 15% contributions.

The Negotiations

Dow Jones' offer

As contract talks opened earlier this year, Dow Jones offered IAPE two choices. The first was to continue the profit-sharing plan with a maximum 15% annual contribution. However, contributions would truly be based on company performance.

The second was to accept a new hybrid retirement plan consisting of a money-purchase plan and a 401(k) plan. Dow Jones offered to contribute an amount equal to 5% of a worker's pay to the money purchase plan, and a 50-cent-on-the-dollar match of up to 6% of a worker's pay in the 401(k) plan.

(A money purchase plan is a qualified retirement plan that allows employers to make a mandatory tax-deductible contribution on behalf of their employees. The amount of the contribution is usually a fixed percentage of compensation. The contribution is allocated to each worker based on the ratio of his or her compensation to the total compensation expense of the employer.)

Further, the company made it clear the benefit plan would cover all employees, from management on down.

To sell the union on the plan, Dow Jones hired benefits consultant Towers Perrin to compare its offering to those from other publishers. Towers Perrin compared Dow Jones' offerings to four other companies, and concluded that Dow Jones' offer was more generous than benefits at competing publishers.

IAPE's Reply

The first question the union had to address was whether it wanted to fight for the old plan or consider accepting the new one.

Rather quickly, IAPE decided to take a pass on keeping the old pension plan, Chen said. The union realized management was telling the truth; if Dow Jones had followed the rules, profit-sharing contributions would have been significantly lower during the 1990s.

"We turned down the possibility to defend the profit-sharing because it wasn't secure," Chen said.

The union realized if it fought for the old plan, the company's annual contribution would fluctuate. "The negotiators concluded that might not be smart," he said.

The union's priority was to negotiate a secure retirement plan, Chen added.

So, IAPE needed to figure out if the hybrid plan was a good deal.

That's where it relied on the talents of its members. The union tapped Wall Street Journal reporter Ellen Schultz, who covers the retirement planning industry. Utilizing her reporter's skills, Schultz got the scoop on four other publishers in addition to the original four examined by Towers Perrin.

For more information on retirement plan features contact:
The U.S. Department of Labor's Pensions and Welfare Benefits Administration

The Profit Sharing/401(k) Council of America

The Employee Benefit Research Institute

The Investment Company Institute


If you are in a union, contact your regional or national office for help.

She wrote a 19-page report showing how Dow Jones' plan stacked up against other publishers. The report claimed Dow Jones' offer was not more generous than other employers', but rather average. She claimed that Dow Jones' and Towers Perrin's research wasn't thorough.

Towers Perrin's policy is not to discuss details of the work performed for clients.

The Final Result

Armed with Schultz's report, the union sat down at the negotiating table with Dow Jones to try and hammer out a new plan. One thing they didn't negotiate was the choice and number of funds. Dow Jones' already offered employees 14 fund choices with its fund provider, Fidelity Investments.

After a relatively short six-month negotiating period, the union and company finally agreed on a new labor contract. In it was a new retirement plan Dow Jones planned to roll out company wide, impacting 6,000 workers.

Ultimately, the company agreed to boost the money purchase plan contribution to an amount equivalent to 7% of a worker's annual salary.

With the 401(k) plan, Dow Jones agreed to automatically contribute an amount equal to 3% of a worker's salary, and offer a 100% match on employee contributions of up to 2% of salary.

Why was the company willing to make the automatic contribution?

"There is some experience … that suggests if people have existing accounts with funding, they are more likely to make their own contribution to the plan … which is in their interest," Tofel replied.

Those employer contributions are immediately vested, and employees are eligible to participate in the plans as soon as they have reached the half-year point following the six-month anniversary of their hiring date.

Indeed, the immediate vesting of employer contributions may prove to be a big factor spurring increased employee participation in the 401(k) plan, says Bernadette Pratl, vice president of IAPE.

Under the old profit-sharing plan, the company made its contribution once a year. Now, employees will see their balance grow every time they get their paycheck. "I think once people get comfortable (with the new plan) they'll be happy with it," she said.

The company decided to stay with the fund company that managed its profit-sharing plan, so employees still have 14 investment choices.

When all was said and done, Dow Jones agreed to contribute an amount equivalent to 12% of an employee's salary toward retirement benefits. This is slightly short of the 15% it contributed previously, but much higher than the 8% originally proposed by management.

What was the employee response? IAPE tallied the contract votes on Dec. 3 and the new contract was approved overwhelmingly, 865 to 123.


Note: The author is a former Dow Jones & Co. employee who was a steward with the Independent Association of Publishing Employees.

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The information provided here is intended to help you understand the general issue and does not constitute any tax, investment or legal advice. Consult your financial, tax or legal advisor regarding your own unique situation and your company's benefits representative for rules specific to your plan.
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