By Matt Andrejczak
A stockholder proposal calling for investor approval of
executive death benefits at Nabors Industries Ltd. (NBR) was voted
down at the oil and gas driller's annual meeting Tuesday.
Based on a preliminary tally, the measure got 40.5% of the
shareholder vote, according to Scott Zdrazil, director of corporate
governance at Amalgamated Bank. The bank's LongView Funds, which
owns 80,194 shares in Nabors, sponsored the proposal.
Amalgamated had proposed that Nabors get shareholder approval
for agreements that award unearned salary, bonuses and other
compensation to executives' estates if they die. In shareholder
activist circles, these arrangements are called "golden
coffins."
Despite not receiving wide-spread support, Zdrazil said in an
email it was "a high vote for a first year proposal and a strong
sign of investor concern."
Officials at Nabors couldn't be reached for comment.
Golden-coffin arrangements have come under shareholder scrutiny
this year. The deals pay an agreed-upon sum to the spouse or the
estate of an executive if they die while still on the job. The
agreements, which have become more common, vary by company.
Nabors had urged its shareholders to vote against the
proposal.
In Nabors' case, the death benefit package for CEO Eugene
Isenberg equals $100 million, plus equity grants valued recently at
$39 million. The deal for COO Anthony Petrello is $50 million and
equity grants recently worth $17 million.
The contract driller has taken steps to appease critics of the
arrangements.
The company on April 1 struck new deals with Isenberg and
Petrello, lowering the total collective payments by more than $200
million.
In its proxy statement, Nabors argued the post-life benefits are
a small component of its executive pay packages. They contend
golden-coffin deals can help attract and retain executives who seek
economic security for their families in the event of their
death.
Under the old agreement, if Isenberg had died, became disabled
or was terminated without cause at the end of 2007, Nabors would
have paid more than $260 million in cash severance, according to
its proxy filed in April 2008.
Amalgamated commended Nabors for renegotiating the deals,
calling it a step forward. But it believes that senior executives
have ample financial resources to purchase life insurance or
contribute to a pension while they are alive. The union-owned bank
also claims golden coffins go against the idea of paying executives
based on performance.
Critics often refer to golden-coffin deals as
"pay-for-no-pulse."
The bank has been pushing for shareholder approval of
golden-coffin deals at Johnson Controls (JCI), Shaw Group (SGR),
and XTO Energy (XTO).
Amalgamated's proxy proposal won 66% of the vote at Shaw Group,
but was narrowly defeated at XTO. It got 42% of shareholder support
at Johnson Controls, according to Con Hitchcock, outside counsel
for Amalgamated.
He said the movement is paying some dividends. "I'm encouraged
that companies have been taking a closer look at these agreements,"
Hitchcock said.
- Matt Andrejczak; 415-439-6400; AskNewswires@dowjones.com