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.

According to a recent editorial in The Wall Street Journal, the Obama administration has delivered a body blow to Corporate America, specifically the airline and railway industries, which do not need any further impediments to their respective economic woes.

Both of those industries have their labor relations policies governed by The National Mediation Board (NMB), and the Board has maintained a consistent policy for the last seventy-five years.  

Now, however, under a proposed new rule, the board plans to tilt the playing field in favor of organized labor. To wit: In order to obtain certification, a union will no longer need to win the approval of a majority of workers. Rather than obtain a majority of workers, a union will only have to win a majority of workers who choose to vote in a union election. That works well for unions, because only a minority of workers usually votes. Getting a majority of that minority to vote for a union will be easy. Imagine, if only 100 workers out of a total workforce of 1,000 agree to vote: the union would need only 51 votes to unionize 1,000 workers! The winning team will always be the union.

This dramatic change has been the result of President Obama appointing the former president of a pilots’ union and the former president of the Association of Flight Attendants to the NMB. It is comparable to a single football team using its own players as the sole referees in all of its games. Would such a team ever lose a game?

This change will invite numerous strikes, which will cripple the nation’s transportation system. We are now light years away from the time when President Reagan fired air traffic controllers, members of The Professional Air Traffic Controllers Organization (PATCO) for going on strike. Their strike was against the national interest. President Reagan’s actions led to the demise of PATCO and to a robust airline industry that benefitted all travellers. It was a milestone in the history of labor relations, a milestone that will not  - unfortunately –  be repeated anytime soon.

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!

President Obama has nominated M. Patricia Smith to be solicitor at the Labor Department. Ms Smith has served as New York State’s Labor Commissioner, where her department helped to create the New York Wage Watch. While the organization's mission is ostensibly to be a watch dog and make sure that immigrant workers receive fair wages, it is really a stalking horse for union organizers. The Wage Watch was not formed in a vacuum, but was promoted and aided by unions.

Ms. Smith has a consistent record as a vigorous labor advocate for three decades, and Corporate America can legitimately be concerned that its interests are not foremost on Ms. Smith’s agenda.

As a solicitor for the Labor Department, Ms.Smith will no doubt place Corporate America in the cross hairs of her pro-labor agenda. It is no wonder that disinterested parties have raised objections to Ms. Smith’s nomination. Indeed, while corporations are struggling to survive in a global economy during a recession, they certainly don’t need to be fighting off investigations inspired by unions and their advocates in the Labor Department

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.

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.

            Management and workers have long known that high levels of productivity are the result of good relations and of all parties working together to achieve positive goals. That, however, is not the underlying message of Executive Order 13496, which President Obama signed. Here is a sentence from that order: “The attainment of industrial peace is most easily achieved and workers’ productivity is enhanced when workers are well informed of their rights under the Federal labor laws, including the National Labor Relations Act.”  

The Order is aimed at those who do business with the government, and it – in effect – guarantees that workers will know about all of their options when it comes to strikes, walkouts, and slow downs. The government has said that the order will provide labor peace. If that sounds unbelievable, it is. The government has handed organized labor another weapon to use against Corporate America.

How will informing workers of union tactics for securing their demands increase productivity? If it does anything, it will put Corporate America at a disadvantage when hiring workers for federal jobs. Not only will contractors have to abide with the Order, but so will their sub-contractors. Each will have to post all the information for their workers; and if it is not posted, delinquent contractors and sub-contractors will be barred from doing business with the government and be liable for various sanctions.

 Actions taken against companies will be at the discretion of the Secretary of Labor, who is responsible for the enforcement of the Order. While the Secretary may exempt certain companies, the Secretary can also cancel contracts and prohibit future contracts with the government.

The Executive Order and the power invested in the office of Secretary of Labor is further evidence that the Obama administration is not only on the side of unions, but it is actively advancing union interests to the detriment of Corporate America.