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AN OMINOUS ATTEMPT TO GAG CORPORATE AMERICA

While we all know that the proposed Employee Free Choice Act will mandate restrictions on the free speech of employers, the state of Oregon has leapt into the vanguard by passing a new law that eliminates an employer’s right to discuss unionization with employees.
 
Imagine having union organizers working day and night to get workers to sign card checks while employers are prohibited from offering counter arguments. It is the kind of law that one would expect to be enacted by a totalitarian dictatorship, not by the oldest, uninterrupted democracy in the world.
 
Now, corporations in Oregon have brought a law suit in federal court claiming that employers have the right to present its views of unionization to employees. They rightly claim that the new law is unconstitutional, a violation of the First Amendment’s guarantee of free speech. In addition, it is a violation of provisions of the National Labor Relations Act. They are asking for a preliminary injunction to prevent the law from taking effect.
 

Corporate America should take notice that Oregon may be a bellwether of labor relations in the new year. While we wish all of our readers a happy and prosperous 2010, the future state of labor relations in President Obama’s America will become increasingly pro-union and anti-employers.

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UNION MEMBERS REVOLT

 

Municipal employees in Portland Maine have decided to show their unhappiness with the American Federation of State, County, and Municipal Employees (AFSCME). Many local union members (Local 1373) feel that they pay expensive dues and are not receiving sufficient job protections. More than ninety of their members were laid off from their city jobs.

 

Now 450 members of the union have received ballots, giving them the opportunity to decertify the union.  The local AFSCME sends the national office $130,000 a year, and feels that it’s not getting its money’s worth.

 

Local leaders had filed a petition in October with 200 signatures that asked for decertification ballots. As a result, those leaders were suspended from their leadership positions, and the Local’s assets were seized. In addition, the National office has been running local ads critical of the Local.

 

As we reported last week in our report about SEIU, a union that is in a war with a break-away union, this is another example of intense dissension within the ranks of organized labor. As unions become increasingly more superfluous, their internecine battles increase in ferocity. Organized labor, unable to connect with workers, are fighting with each other for the ever diminishing number of workers who still find what is chimerical value in being union members.

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ORGANIZED LABOR'S CIVIL WAR

One of the most aggressive unions in the country, the Service Employees International Union (SEIU) will now face a challenge to its dominant role representing healthcare workers in California. The National Labor Relations Board (NLRB) has called for an election to determine if SEIU or the National Union of Healthcare Workers (NUHW) will represent 2,300 Kaiser healthcare workers in California.

 

The decision of the NLRB came as a blow to SEIU in its ongoing battle with the breakaway healthcare union, NUHW. SEIU had hoped to stop NUHW’s ongoing march to win the allegiance of thousands of healthcare workers in a wide array of states. As part of its PR war, the two sides have exchanged charges of various acts of wrong doing, including financial mismanagement. Perhaps the most hilarious charge leveled by the unions is union-busting. It’s usually the paladins of Corporate America who are accused of being union busters. If the labor movement has ever evidenced its true agenda, the bitter battle between these two unions indicates that power and money are as important to unions as they are to other institutions.

Determined to preserve its power, the SEIU says it will appeal the NLRB decision. If, however, the SEIU appeal fails, balloting is expected to take place in January.

The fight between SEIU and NUHW amounts to a civil war within the labor movement. The unintended victor will be Corporate America, and the millions of workers who will regard unionization with a richly deserved sense of skepticism, if not disgust.  






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THE UNION AS CULT

 

While the New York Times is generally thought of as being union friendly in its reporting, it recently reported on a union situation so egregious that the Times could not avoid it.

 

According to a report by Steven Greenhouse, the hotel and restaurant workers’ union, Unite Here, pressures it organizers to reveal the most embarrassing and distressing personal information to their superiors. Such information may include stories of childhood or spousal abuse, family members who were alcoholic or drug addicted, sexual abuse, phobias, etc.

 

Once that information is obtained by the union, it is then used as leverage against the organizers who had revealed that information.

 

According the Times article, “…several Unite Here organizers described high-pressure meetings where they were brought to tears as supervisors pushed them, sometimes in front of a dozen colleagues, to divulge personal information in what several organizers said was an effort to beak their will and ensure obedience.”

 

Such tactics smack of those used by cults to control members. And those tactics are nothing short of being highly manipulative and cynical.

 

If this is what organized labor has devolved to, then Corporate America must be on heightened alert to the efforts of organizers who have been turned into aggressive automatons whose sole purpose is to capture the hearts and minds of workers who will follow orders and pay their dues, no questions asked.

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TAX PAYERS BEWARE

 

According to the Bureau of National Affairs, most unionized employees now work for the government.  While the overall number of unionized workers is just above 12% of the workforce, only 7.3% of those union members work in the private sector.

 

What is amazing is that more than 37% of all government employees belong to unions! That amounts to 8-million unionized government workers! The government has become the largest employer of unionized workers, and those unionized workers make sure that their voices ring loud and clear in the halls of congress as well as in the White House. After all, unions contributed more than $56-million to Democratic political campaigns in 2008.

 

While those government workers cannot go on strike for higher wages, increased benefits, or more paid vacation days; they can  and do have their officers lobby congress to achieve those results.

 

An example of union strategy has become apparent on the west coast where unions have been running television ads and supporting ballot initiatives  to raise taxes so that their members can receive higher wages. One need only stand on line at a local post office or motor vehicles office to experience union-protected inefficiencies and lack of initiative.

 

As a result of union demands, taxpayers will be footing the bill for increased taxes. And those taxes will  go to pay for unionized government workers increased salaries and benefit. As the government pays ever high wages, it will have no alternative but  to impose ever higher taxes to meet the demand. It is a classic vicious circle.

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UNIONS LOSE!

 

One thing that Tuesday’s elections proved is that union money is not going to win elections this year. In 2008, the Service Employees International Union spent $60-million to help elect President Obama and Democratic candidates to both houses of congress. Altogether, organized labor gave Democratic candidates $400-million in 2008. That money may have been well spent then, but look at the outcome in 2009!

 

Governor John Corzine’s various and well-publicized relationships with unions hurt both him and the unions in New Jersey. In Virginia, Governor-elect Bob McDonnell won by large margin after vigorously campaigning against the Employee Free Choice Act. In both states, conservative Republicans triumphed over union supported candidates.

 

And now many Democrats, having analyzed the election results, are against the so-called “card check” provision of the Employee Free Choice Act. Unions have invested their members’ money with, what some would consider, Quixotic abandon. And what has been the return on that investment? The defeat of two pro-union candidates and the likely demise of “card checks.” Union members should demand refunds!

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ON THE WINGS OF COMMON SENSE

 

 

The safety of airline passengers is of paramount importance not just to passengers, but also to airlines. No one wants to fly on the planes of an airline whose pilots may be negligent when it comes to passenger safety.

 

When FAA regulators revoked the licenses of the two pilots who flew Northwest Flight 188 more than 100 miles beyond its destination and who had not responded to air traffic controllers, the flying public breathed a sigh of relief.

 

Yet, officials of the Airline Pilots Association, which represents more than 50,000 pilots, complained that the FAA acted too quickly and disregarded voluntary safety reporting programs.

 

Blatant acts of negligence that could possibly endanger the lives of airline passengers cannot be tolerated, even if those acts are voluntarily reported.

 

Had that plane collided with another aircraft or experienced some other deadly catastrophe, the airline would have been held financially responsible and there would have been millions of dollars in law suits.

 

The FAA did the right thing, and the pilots’ union should understand that. Unfortunately, unions too often raise picayune issues that are of concern to their members, but fail to address more important issues that affect millions of people. 

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SENATOR McCAIN TAKES A STAND

As we reported last week, President Obama continues to pack the NLRB with pro-union advocates. We cited the recent example of Craig Becker, a union lawyer, as well as numerous others. Now Senator John McCain has announced on the floor of the Senate that he will block Mr. Becker’s appointment to the NLRB.

 

Senator McCain has reiterated what we have claimed that Mr. Becker will support unions at the expense of Corporate America and will likely curtail its free speech.  Mr. Becker’s articles indicate that he would restrict the rights of employers to present pro-management arguments to their employees during union organizing drives. As an associate general counsel for the Service Employees Union, one of the most aggressive unions in the country, Mr. Becker has been a dedicated advocate of the union’s agenda.

 

In a 1993 Minnesota Law Review article, Mr. Becker argued that "employers should be stripped of any legally cognizable interest in their employees' election of representatives. Employers should have no right to raise questions concerning voter eligibility or campaign conduct. 

"Because employers lack the formal status either of candidates vying to represent employees or of voters, they should not be entitled to charge that unions disobeyed the rules governing voter eligibility or campaign conduct.”

 

Such arguments obviously favor unions over corporations; yet, the NLRB should be an unbiased, objective body that rules on existing laws and regulations.  

We agree with the point of view expressed in a letter that Jay Timmons, Executive Vice President of the National Association of Manufacturers, sent to Senator Tom Harkin. To wit: "Mr. Becker has espoused extreme positions far outside mainstream thought on how our nation's labor laws should be interpreted."

It is imperative that the senate votes to maintain the integrity of the NLRB by maintaining a level playing field for both management and workers. We believe that is what Senator McCain is attempting to accomplish, and we applaud his effort.

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PACKING THE NATIONAL LABOR RELATIONS BOARD

 As we have reported numerous times, President Obama continues to work diligently to reform the composition of the National Labor Relations Board by nominating as many pro-labor advocates as the law allows. He has been supported by numerous unions, each of which has been lobbying not only for the addition of pro-union officials to the board, but also for the passage of pro-union legislation, such as the Employee Free Choice Act, which will make it easy for union organizers to sign up new members.

 

Now, one of America’s foremost business groups, The American Chamber of Commerce, has raised an important and well-reasoned objection to one particular nomination, that of union lawyer, Craig Becker.

 

The Chamber has made public a letter to senators that outlines why Mr. Becker should not be put on the Board.

“Mr. Becker has written prolifically about the National Labor Relations Act, the law he will be charged with interpreting and enforcing should he be confirmed. Many of the positions taken in his writings are well outside the mainstream and would disrupt years of established precedent and the delicate balance in current labor law.”

The Chamber also raised objections to the way Mr. Becker might restrict the free speech rights of employers, particularly during union organizing efforts. Conversely, the Chamber is concerned that Mr. Becker would extend the ability of union organizers to have increased access to workers during those same organizing efforts. While employers’ rights would be curtailed, the rights of union organizers would be greatly expanded.

Altogether, Corporate America will be driven to a position where it will be significantly more vulnerable to intensely aggressive union organizing tactics than at any time since the 1930s.

 

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LABOR ECONOMISTS: UNIONIZATION WILL HURT ECONOMY

The University of New Hampshire recently completed a survey of 925 labor

economists  on behalf of the Center for Union Facts.  It should come as no surprise to any historian of business and astute observers of Corporate America that unions have had an injurious effect on the overall economy as well as on specific industries (e.g., General Motors, the Port of New York, newspapers, etc.).

 

The surveyed labor economists then went to note that the proposed (and mis-named) Employee Free Choice Act, which would impose binding arbitration on contract disputes, would have a further negative effect on business. More than 2/3 of the surveyed economists believe that Congress should not pass the EFCA. In addition, more than half of the surveyed economists believe that President Obama’s job creation program would hurt the economy.

 

It is apparent that the government is on the wrong track; and the only reason that it is pursuing a pro-union game plan is that the AFL-CIO, SEIU, and other  unions have contributed millions of dollars to elect representatives who will do their bidding.

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WHAT'S HAPPENING TO UNION PENIONS

 

According to an editorial in a recent edition of The Wall Street Journal, a number of union pensions are in the red. That bad news must be causing unionized workers a great deal of anxiety, especially during the current economic recession, when so many workers are losing their jobs.

 

The SEIU’s National Industry Pension Fund, covering more than 100,000 members, is now in  “critical status,” which means that it lacks the necessary capital to pay 100% of benefits. Federal government officials have stated that the Fund has only 74.4% of the necessary assets to meet its obligation to pay those benefits.

 

And the list goes on: Thirteen plans operated by the Teamsters have a mere 59.3%. The Journal states that seven locals at the United Brotherhood of Carpenters …are at 67%.

 

While all of that is bad news for rank and file members of those and other similarly afflicted unions, union officers have nothing to worry about. The pension plan for officers and employees at the SEIU, for example, was funded at 102.2% as of 2007. In addition, the officers and employees get an annual 3% cost of living increase, while its members do not. There are many such disparities.

 

The dramatic reduction in union pension funds is just one reason why unions are aggressively attempting to organize new members and collect their dues.  And it is why the unions are putting pressure on congress to pass the Employee Free Choice Act as soon as possible.

 

Increased union membership will mean increased labor costs, increased unemployment, and a worsening recession. But the pensions for union officers will, no doubt, remain intact.

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ON THE WATERFRONT: THE SEQUEL

          Waterfronts, from New York to California, have a long history of union difficulties. And now, according to an editorial in The Wall Street Journal, the Mayor of Los Angeles, Antonio Villaraigosa (a former union organizer), is urging congress and the Obama administration to change federal law so that the Teamsters Union will be able to organize independent truckers who work in the Port of Los Angeles.

The mayor wants the federal law changed so that harbor trucking companies will be banned from contracting with independent drivers. Instead, he wants the Port to permit “employee drivers” to operate in the Port, because those drivers are eligible for membership in the Teamsters.

Federal law, however, does not now permit state and local authorities to make their own laws regarding ports, for that would defeat the purpose of having uniform regulations throughout the land. If the mayor’s proposal became law, truckers in one port would not be allowed into another port. The resulting chaos would ruin interstate commerce.

The Ninth Circuit Court of Appeals has found that the mayor’s intended change would violate the Constitution’s Commerce Clause, and so an injunction was issued. As a result, the mayor wants Washington to change the law.

Should that happen, the Teamsters would have incredible leverage to affect wages, benefits, and the price of shipped goods. No doubt, the result would be a huge spike in labor and consumer costs. In such an environment, if the Teamsters did not get what they want, they could call strikes and shut down one port after another.

This is another example of how the Democrats are working to increase the power of unions at the expense of everyone else.

 

 

 

 

 

 

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OBAMA'S PRO-UNION STRATEGY

 

In addition to supporting the Employee Free Choice Act, President Obama has more than signaled his unwavering support for a pro-union agenda. It began when he not only tossed out a series of executive orders signed by President George W. Bush, but it was emphasized by his issuing new executive orders that favor organized labor. Those include creating union friendly agreements for federally funded construction projects and insisting that federal agencies post workers’ rights notices in all workplaces. Such notices inform workers of their right to strike, to file law suits, and to bring complaints to the National Labor Relations Board. In addition, one of the president’s executive orders bans any company that receives federal funds from using those funds to educate workers about the negative effects of unionization.
 
Earlier, we expressed our disappointment when President Obama nominated Wilma Liebman as chair of the National Labor Relations Board, for she has a record of favoring unions over management.
 
In keeping with the spirit of that appointment, the president plans to nominate two attorneys who also have a record of favoring unions over the interests of management. They are Randy Babbit to run the Federal Aviation Administration and Jordan Barab to go to the Occupational Safety and Health Administration. Mr. Babbit is expected to sign a pro-union agreement with the Air Traffic Controllers Association, which would make former President Reagan turn over in his grave. It was President Reagan, after all, who fired the controllers in the 1980s for going out on strike and endangering the lives of air travelers.

As if that were not sufficiently indicative of President Obama’s pro-union thrust, he has named Joe Szabo to head the Federal Railroad Administration. Mr. Szabo had been the legislative director of the United Transportation Union in Illinois.
 

We can expect many more such appointments in the coming months, and the overall effect will be to make America less competitive and productive in a global economy in which many other countries are not hampered by the excesses of  bureaucratic rules and regulations that are in conflict with free market economies.

 



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Union Wrongs, Business Rights

 

Films and television shows often portray Big Business as villainous and unions as manifestations of pure virtue selflessly devoted to the needs of workers. However, based upon information compiled by Union Facts and the Bureau of National Affairs, unions have repeatedly committed acts that are injurious not just to non-union workers, but also to their own members. And those, of course, are the people whose interests unions supposedly represent and are charged with protecting.

One should also know that wrongful acts by unions far outnumber charges of unfair labor practices committed by management and alleged by those same unions. Such is the information issued by the National Labor Relations Board.

The NLRB report of 2005, for example, contained the following information:

  • Unions faced 6,381 allegations
  • 82% of those charges alleged illegal restraint and coercion of employees by their unions.
  • By contrast, 53% of charges were against management and those were for a refusal to negotiate contracts.
  • Of all the listed allegations against unions, nearly 600 charges were based upon union discrimination against workers.
  • In the previous year, unions filed more than 100 complaints against other unions
  • Virtually every union in the United States, according to the Bureau of National Affairs, has had to defend itself against charges of violating union laws. And for some of those unions, the numbers of charges against them are in the thousands!

It’s time that the media  and the current administration in Washington stop treating Corporate America as if it were a nefarious monster and start realizing that union leaders are not the altruistic and benevolent leaders that they pretend to be.

 

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Ejecting Union Spies from Corporate America


For many years, unions had sent their organizers to the personnel offices of companies so that they could be hired to infiltrate workforces. Once they had joined the workforces, they proselytized in favor of union representation and often spoke of management as selfish ogres. Such people became known as “salts” and their words and deeds often led to a diminution in productivity and profitability for companies.

Now, two Republican Congressmen have introduced a bill, the Truth in Employment Act (H.R. 2808/S 1227), that is designed to amend the National Labor Relations Act (NLRA) so that employers can legally discharge “salts,” who are nothing but undercover agents for unions seeking to unionize workers.

The proposed bill states: "Nothing in this subsection shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of other employment or agency status."

The bill is meant to obviate a Supreme Court ruling that “salts” could not be terminated from their employment.

The bill further notes that “salting has evolved into an aggressive form of harassment not contemplated when the National Labor Relations Act was enacted and [it] threatens the balance … of collective bargaining."

It is absolutely necessary that the collective bargaining playing field be kept level and that there be a balance between workers and management. The Truth in Employment Act will go a long way to ensuring such an outcome.

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