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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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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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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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OBAMA'S PRO-LABOR ADMINISTRATION

OBAMA’S PRO-LABOR ADMINISTRATION

 

In addition to Hilda Solis, Secretary of Labor, who comes from a strongly pro-union family, the Obama administration is full of many pro-labor advocates who will do what is necessary to consummate the successful passage of the Employee Free Choice Act. The list of pro-labor members of the current administration includes the following:

Parrick Gaspard, a political director in the White House, had been executive VP for legislation for the Service Employees International Union (SEIU).

Ronald W. Bloom, who had been an assistant to the president of the United Steelworkers of America, is a member of the Presidential Task Force on the Auto Industry.

J. Randolph Babbitt, who had been president of the Air Line Pilots Association, is now an FAA Administrator.

T. Michael Kerr, an Assistant Labor Secretary, has worked for AFSCME and the SEIU.

Wilma Liebman, who will serve as chair of the NLRB, had previously served as counsel to the Bricklayers and Teamsters Unions.

Joseph C. Szabo, Federal Railroad Administrator, had been the Illinois legislative director of the United Transportation Union.

Helen Kanovsky, general counsel at the Department of Housing and Urban Development, had previously worked for the AFL-CIO.

The list goes on and on, and it is apparent that the Obama Administration will be profoundly pro-labor. It is, therefore, essential that Corporate America develop effective and innovative techniques for dealing effectively with aggressive new union organizing and bargaining policies.

I have recently written an article entitled "How Corporate America Can Deal with the Proposed Employee Free Choice Act," which appears on the website of Industry Week magazine and can be found at http://www.industryweek.com/articles/viewpoint_--_how_corporate_america_can_deal_with_the_proposed_employee_free_choice_act_18884.aspx

 

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OBAMA'S PRO-LABOR ADMINISTRATION

OBAMA’S PRO-LABOR ADMINISTRATION

 

In addition to Hilda Solis, Secretary of Labor, who comes from a strongly pro-union family, the Obama administration is full of many pro-labor advocates who will do what is necessary to consummate the successful passage of the Employee Free Choice Act. The list of pro-labor members of the current administration includes the following:

Parrick Gaspard, a political director in the White House, had been executive VP for legislation for the Service Employees International Union (SEIU).

Ronald W. Bloom, who had been an assistant to the president of the United Steelworkers of America, is a member of the Presidential Task Force on the Auto Industry.

J. Randolph Babbitt, who had been president of the Air Line Pilots Association, is now an FAA Administrator.

T. Michael Kerr, an Assistant Labor Secretary, has worked for AFSCME and the SEIU.

Wilma Liebman, who will serve as chair of the NLRB, had previously served as counsel to the Bricklayers and Teamsters Unions.

Joseph C. Szabo, Federal Railroad Administrator, had been the Illinois legislative director of the United Transportation Union.

Helen Kanovsky, general counsel at the Department of Housing and Urban Development, had previously worked for the AFL-CIO.

The list goes on and on, and it is apparent that the Obama Administration will be profoundly pro-labor. It is, therefore, essential that Corporate America develop effective and innovative techniques for dealing effectively with aggressive new union organizing and bargaining policies.

I have recently written an article entitled "How Corporate America Can Deal with the Proposed Employee Free Choice Act," which appears on the website of Industry Week magazine and can be found at http://www.industryweek.com/articles/viewpoint_--_how_corporate_america_can_deal_with_the_proposed_employee_free_choice_act_18884.aspx

 

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