4 Aug 2010

UAW Kingpins Hypocrisy: «Free Speech» Only to Force Workers into Union Ranks

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Manny Lopez from the Detroit News comments on the United Autoworker (UAW) union hierarchy’s "new" strategy of organizing workers, (i.e. using even more intimidation and harassment to force additional workers into their dues-paying ranks):

Bob King, the new president of the UAW was stumping for democracy yesterday, and you’d think that it would be hard to corrupt such a thing.

But he did. See, democracy to the unions means do it our way, or no way.

King said the UAW will try a new tactic to organize foreign automakers. The membership-declining union is going to draft a set of principles that will bar companies from using derogatory, untruthful or threatening statements to dissuade workers from organizing (as if that was a one-way street).

"Any company that does not agree to the UAW principles is essentially declaring war on freedom of speech and assembly," he said.

Ta-da, the "shame campaign" (my interpretation, not his).

Those that don’t sign on will be labeled as being against the First Amendment.

But as Lopez correctly points out, UAW union hypocrites seem the least bit interested in protecting Michigan workers’ rights to also not be forced to associate with something they want no part of:

In fact, the UAW’s push for freedom could be a good thing if it were universally open to such a thing. How about the UAW abide by its own new interest in openness and allow its members in Michigan and other forced unionism states to also have the freedom to decide whether they want to be in the union?

I’ll buy into the UAW’s campaign for the First Amendment and the freedom of speech and assembly when it gives its workers in every state that same opportunity.

How about it Mr. King? Let’s make Michigan a right-to-work state. Or is the freedom to choose limited to certain circumstances?

And not only would Right to Work protections be great for workers’ rights, it would also be good for their wallets.  Now that’s a "new" strategy Michigan’s families could support.

 

16 Aug 2010

Wall Street Journal: Craig Becker’s «Recusal Refusal»

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The Wall Street Journal slammed Obama recess appointee Craig Becker this week for participating in cases before the National Labor Relations Board involving his former employer, the Service Employees International Union (SEIU):

In his few months at the NLRB, Mr. Becker, former associate general counsel for the Service Employees International Union, has refused to recuse himself from most cases involving his former employer. This despite the fact that Mr. Becker signed the Obama Administration’s vaunted ethics pledge, in which he promised to refrain for two years from participating in "any particular matter involving specific parties that is directly and substantially related to my former employer."

In true lawyerly fashion, Mr. Becker is now running for the loopholes, arguing that the SEIU proper is a "distinct legal entity" that is different from local SEIU unions. Having liberated himself from that legal barrier, Mr. Becker says he intends to continue judging disputes that feature local SEIU shops. He even convinced the NLRB’s inspector general—who was asked to investigate one of the failure-to-recuse cases—to buy the separate legal entity line.

From a technical legal standpoint, SEIU locals may well be distinct from Mr. Becker’s former employer. Yet the clear intention of President Obama’s ethics pledge was to eliminate obvious political conflicts of interest. The example of a former SEIU lawyer like Mr. Becker sitting in judgment on cases featuring SEIU locals is Conflict 101.

No one understands better than Mr. Becker the deep organizational and financial ties between the SEIU and its locals, having been the attorney who crafted national legal strategies for use by SEIU locals everywhere. NLRB Chairwoman Wilma Liebman (another Obama appointee) has applied a more rigorous and appropriate standard of recusal for herself in cases involving her former employer, the Teamsters.

The National Right to Work Legal Defense Foundation, which is representing workers in several cases involving SEIU locals, sent a letter Monday requesting that the Department of Justice investigate whether Mr. Becker has violated his pledge. Let’s hope Attorney General Eric Holder isn’t as cavalier about that request as President Obama was with Mr. Becker’s appointment.

Read more about the Foundation’s letter to Attorney General Holder.

19 Aug 2010

Michelle Malkin: «President Obama’s fraudulent ethics pledge»

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In her latest syndicated column, Michelle Malkin highlights the National Right to Work Foundation’s request that Attorney General Eric Holder investigate National Labor Relations Board Member Craig Becker for violating his ethics pledge by participating in cases involving his former employer, the Service Employees International Union (SEIU).

As Malkin notes, Becker’s weak standard for recusal rests on a faulty distinction between the national union and its local affiliates.

It’s no surprise that Becker now refuses to hold himself accountable for the ethics pledge he himself signed in April. As the past two years have taught us, Team Obama’s operational slogan is: Rules are for fools. The contractual ethics commitment states: "I will not for a period of two years from the date of my appointment participate in any particular matter involving specific parties that is directly and substantially related to my former employer or former clients, including regulations and contracts." Yet, Becker has participated in numerous NLRB cases involving the SEIU and its affiliates — and is parsing the definition of "former employer" by arguing that local SEIU chapters are "separate and distinct legal entities" that don’t fall under the ethics rules.

The National Right to Work Foundation, which has fought both national and local SEIU officials in court on behalf of rank-and-file workers’ rights, eviscerates Becker’s lawyerly blather. SEIU’s own constitution considers local affiliates "constituent subordinate bodies" of the national union, the foundation notes. "Moreover, in 2009 over 85 percent of the SEIU’s receipts came from a per capita tax on the locals’ membership dues and fees. The national union even has the power to assume control over its locals if they do not conform to International policies."

Malkin also rightly ties Becker’s installment onto the federal labor board into the Obama Administration’s pattern of granting special privileges and hidden paybacks to the union bosses.

Read Malkin’s entire column here and more from our Freedom@Work blog on Craig Becker here and here.

27 Aug 2010

Mark Mix in DC Examiner: Union Bosses vs. Education Reform

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In an op-ed this week in the Washington Examiner, National Right to Work President Mark Mix discusses the threat to real education reform posed by teacher union bosses in Washington, DC.

Just a few weeks ago, Samuel Johnson’s centuries-old observation that a man’s knowledge he is to be hanged “concentrates his mind wonderfully” seemed quite applicable to Washington Teacher Union (WTU) President George Packer.

Of course, no one was threatening Packer with the rope or any of its modern-day equivalents when they agreed to a new contract in late June making it significantly easier for D.C. Public Schools Chancellor Michelle Rhee to dismiss ineffective teachers.

But when he signed off on the new contract, Packer, whose WTU is a subsidiary of the mammoth American Federation of Teachers (AFT) union, faced a Big Labor boss’s worst nightmare, a rapid decline in the number of employees forced to pay to his union dues or fees in order to keep their jobs.

As recently as 2003, there were roughly 5,000 D.C. teachers who had to accept the WTU as their monopoly-bargaining agent and pay union dues or fees as a job condition. Today, there are barely 4,000. Despite the best efforts of Packer and AFT union czarina Randi Weingarten, that number is set to drop still further over the next few years.

Read the full op-ed here.

Over the years, National Right to Work Foundation attorneys have provided free legal aid to teachers whose rights have been violated by compulsory unionism.  Read about some of these cases here, here, and here.

27 Aug 2010

Card Check Forced Unionism «Presents Serious Legal and Policy Issues»

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Today, House Republican leader John Boehner called on President Barack Obama to veto any controversial legislation that passes during the post-midterm election lame-duck Congressional session. One of those controversial bills is the Card Check Forced Unionism Bill.

As Right to Work Foundation legal director Ray J. LaJeunesse details in the Spring 2010 issue of the Texas Review of Law & Politics journal, this draconian bill’s three primary provisions contain many injustices toward American workers and job providers.

Regarding the bill’s provision to strip workers of their rights to a secret ballot election and opening them up to intimidating "home visits":

…the absence of a formal election process works an obvious unfairness, facilitates intimidation and deception of workers, and runs contrary to the American tradition of secret ballots and the freedom to vote in privacy. The United States Supreme Court has already spoken to the issue, recognizing that “secret elections are generally the most satisfactory—indeed the preferred—method of ascertaining whether a union has majority support.”

There also is a serious question whether EFCA will unconstitutionally deny employers and employees their free speech rights… Because there would be no open campaign leading up to a secret-ballot election, EFCA would eliminate open debate, thus curtailing the speech rights of employers and individual employees opposed to the union.

As for the unconstitutational, government-mandated binding arbitration provision:

Mandatory governmentally-imposed binding interest arbitration… runs afoul of various provisions of the U.S. Constitution.

Moreover, in requiring governmentally-imposed arbitrators to dictate contract terms, EFCA would unconstitutionally take the property of employers and give that property to their employees (as wages, for example) for a non-public use, in violation of the takings clause…

And finally, regarding the lopsided nature of the penalties imposed on job providers:

These drastic new penalties for unfair labor practices that apply to employers but not to unions raise concerns under the Equal Protection Clause of the Fourteenth Amendment and may violate the Seventh Amendment right to a jury trial.

These one-sided changes in the NLRA’s remedial scheme would adversely affect employees as well as employers. With the Damoclean sword of punitive remedies looming, employers faced with union organizing campaigns will be more likely to gag themselves to avoid unfair labor practice charges by unions, thus depriving employees of the “information opposing unionization,” which they have an implicit “right to receive” under NLRA section 7, and which is necessary to make an informed and free choice about whether to support unionization or not.

As LaJeunesse clearly explains, the Card Check Forced Unionism Bill certainly "presents serious legal and policy issues" indeed.

The full article is published in the Texas Review of Law & Politics Vol. 14, No. 2.

30 Sep 2010

FEC Refuses to Issue Stern Warning Against Illegal SEIU Union PAC Fundraising Scheme

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Yesterday, former Service Employees International Union (SEIU) chieftain and appointment to President Obama’s "Deficit Panel" Andy Stern was reportedly being investigated by the FBI for his role in a couple of shady dealings while he was at the helm of the forced unionism leviathan.  But that wasn’t the only big story coming out yesterday about widespread SEIU union hierarchy corruption during his tumultuous reign. From Ed Barnes on FoxNews.com:

Despite a finding by the Federal Election Commission’s general counsel that the Service Employees International Union violated election law when it required local affiliates to contribute to its political action fund, the FEC’s full board nonetheless quietly voted to overrule its staff attorney and dismissed the original complaint — clearing the way for the union to squeeze its locals to amass a $9 million war chest for the next election.

Moreover, the group that filed the complaint, the National Right to Work Foundation (NRWF), didn’t receive a full explanation of the FEC’s decision in the case until after 111 days had passed, ensuring that its right to file an appeal had lapsed.

The NRWF, long a thorn in the side of the 1.8 million-member union, filed its complaint in October 2008, challenging an amendment to the union’s constitution that required each local to contribute $6 per member to the international’s political action committee. Those locals that didn’t comply would be charged the difference between what they owed and what they raised — plus, a 50 percent penalty.

"To us it was a prima facie case for coercion," [National Right to Work President Mark] Mix said. "Plus, it looked like a money laundering scheme as well, because locals would pay the penalties from their general funds into the political action committee. General union treasury funds are not allowed to be used for political purposes," he said.

Frankly, it’s very unfortunate that the FEC seems interested in allowing Big Labor political corruption.  As Mark Mix explained in the Washington Examiner earlier this month:

Imagine the outcry if McDonalds executives demanded that franchise owners collect “voluntary” contributions totaling $25,000 for the company’s Political Action Committee (PAC) from employees at every restaurant.

What if the fast food titan’s headquarters followed up with a threat – pay us, or face a $37,500 fine? Do you think this heavy handed scheme would raise a few eyebrows at the Federal Election Commission (FEC)?

Replace “McDonalds” with “SEIU” in that description and you’ve got a pretty good idea of Big Labor’s latest political fundraising strategy. To meet their ambitious fundraising targets, Service Employees International Union bosses are now threatening to fine any local affiliate that doesn’t meet its PAC contribution requirements.

The only problem with this racket is that FEC guidelines explicitly prohibit organizations from collecting PAC funds by threatening members with financial reprisals. SEIU bosses aren’t exactly hiding their intentions, either – they actually wrote this fundraising provision into the union’s constitution at their annual convention.

If McDonalds had the nerve to collect contributions from employees using similar threats, you can bet the FEC would be all over the case. The SEIU, however, seems to have gotten away scot-free.

Stern, of course, was one of the nation’s most politically powerful union barons.  Stern’s ruthless crusade to lock workers into forced dues ranks at any cost while in power left behind a legacy marked by scandal after scandal, dissatisfied and unhappy workers and union members, vicious campaigns against workers and job providers, and even a record fine against an SEIU-backed “527” group following a complaint filed by the National Right to Work Foundation.
3 Sep 2010

The FEC Turns a Blind Eye to Big Labor’s Shady Fundraising Tactics

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In The Washington Examiner, Right to Work President Mark Mix takes on the Federal Election Commission’s lax oversight of suspicious Big Labor political fundraising:

Imagine the outcry if McDonalds executives demanded that franchise owners collect “voluntary” contributions totaling $25,000 for the company’s Political Action Committee (PAC) from employees at every restaurant.

What if the fast food titan’s headquarters followed up with a threat – pay us, or face a $37,500 fine? Do you think this heavy handed scheme would raise a few eyebrows at the Federal Election Commission (FEC)?

Replace “McDonalds” with “SEIU” in that description and you’ve got a pretty good idea of Big Labor’s latest political fundraising strategy. To meet their ambitious fundraising targets, Service Employees International Union bosses are now threatening to fine any local affiliate that doesn’t meet its PAC contribution requirements.

Read the whole thing here

8 Sep 2010

Why is the National Mediation Board Telling Workers Who Oppose Unionization False Information?

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Last week, the National Mediation Board ordered a union "representation" election for Delta Air Lines flight attendants. The NMB will conduct the election under its new controversial rules approved by the two former union officials who now comprise a majority of the board.

The new procedure stacks the deck in favor of unionization by granting a union monopoly bargaining power over railway or airline industry workers if the union acquires support from just a bare majority of workers who turnout for an election, no matter how few actually vote.

But Delta flight attendants, and other workers in the airline and railway industries who could soon find themselves in similar situations, won’t know that by reading the Frequently Asked Questions page on the NMB’s website.

28. Q: How do voters vote no?

A: If a voter does not wish to be represented, they should not call the TEV telephone number or access the NMB’s Internet voting website.

As National Right to Work Foundation staff attorney Glenn Taubman explains in a letter to the NMB (PDF), this is false and should be immediately corrected so workers can vote in accordance with the rule change.

It’s not like the Obama Administration has a habit of keeping independent-minded employees in the dark about their rights or anything…

10 Sep 2010

Labor Day Recap: National Right to Work Exposes Big Labor’s Radical Agenda

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Over the Labor Day weekend, columns by National Right to Work president Mark Mix appeared in newspapers across the country and online exposing Big Labor’s power grabs and coercive practices over American workers.

In Investor’s Business Daily Mix highlighted the extremism and ethics problems of Craig Becker, the Service Employee International Union’s (SEIU) inside man at the National Labor Relations Board (NLRB):

In the face of bipartisan opposition, Obama bypassed Congress and installed Becker at the NLRB through a recess appointment. Now that he’s established at the head of an agency responsible for overseeing American labor law, Becker is poised to expand Big Labor’s privileges even further.

Faced with apparent conflicts of interests brought to light by the National Right to Work Foundation, Becker quickly downplayed any connection to the SEIU, his longtime employer. Despite crafting legal strategies on behalf of that union for much of his career, Becker refused to recuse himself from several NLRB cases involving the SEIU’s local affiliates.

Despite his relatively brief tenure, Becker’s biases are already evident. In one recent case, Becker wrote that the board should consider waiving rules that require union bosses to provide workers with independently audited breakdowns of union expenditures.

On National Review Online, Mix outlined union militants’ stealth to bypass Congress to implement radical changes to labor law that grant new special privileges to union bosses at the expense of hardworking Americans:

By cramming the NLRB full of forced-unionism operatives, Obama has successfully laid the groundwork for a stealthy push to undermine the rights of American workers. The NLRB’s administrative agenda and electronic-voting schemes now threaten to undo much of the hard work that went into defeating card-check legislation.

Some doubt that such sweeping changes could be enacted without congressional approval, but we’ve already seen Big Labor’s strategy in action. The National Mediation Board (NMB), a federal agency that governs airline and railway employees, has just enacted a far-reaching rule change that allows for workplace unionization without the consent of a true majority of employees.

Mix exposed Big Labor’s plot to monopolize government-sector workers in the Washington Times:

The outsized power and privileges of government union bosses clearly are a major force behind the unsustainable growth of government payrolls. According to data furnished by respected labor economists Barry T. Hirsch and David A. Macpherson, nonunion government employment nationwide actually fell by 2 percent, but Big Labor-controlled government employment grew by nearly 4 percent from 2007 to 2009.

Government union bosses’ success in expanding the ranks of employees under their monopoly bargaining power – even as private-sector and nonunion government payrolls have shrunk – spells trouble for the future of the American economy. Our country simply must reverse the long-term trend in which the growth of government-union employment far exceeds that of private-sector employment in good and bad times alike.

Otherwise, American taxpayers and businesses are destined to face ever-more-onerous tax burdens to pay for bigger and bigger government in the decades to come.

Finally, in local newspapers nationwide including the Duluth News Tribune, Mix warned that no worker is safe from the union moguls’ designs:

Take Major Stephen Godin, a retired Marine who has instructed ROTC in Worcester, MA, for 15 years. Major Godin’s dedicated service to his country and his students deserves our respect and gratitude.

But three months ago, Massachusetts Teachers Association union officials threatened his dismissal for not paying union dues, even though he is not a member of the union. Because Massachusetts lacks a Right to Work law making union association strictly voluntary, nonmembers can be forced to pay some fees to a union as a condition of employment.

Public outcry prompted the governor to exempt ROTC instructors from forced-dues requirements, but other teachers across the state still labor under compulsory unionism.

Mark Mix also appeared on nationally syndicated and local radio shows coast-to-coast.

9 Sep 2010

New Foundation Podcast: Right to Work and Labor Day

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National Right to Work Committee Vice President Doug Stafford discussed the importance of employee freedom on The Frank Beckman Show this Labor Day. Click here to listen or use the embedded player below.

As always, you can also listen to the Foundation’s podcast via iTunes or manually subscribe to the feed.