Stephen, J. Cabot blog

May 7, 2010

FREE SPEECH FOR UNIONS, NOT FOR CORPORATIONS

This article was originally published on StephenCabotBlog.com: http://www.stephencabotblog.com.

From the desk of Stephen Cabot:

The Obama administration was sorely disappointed when the U. S. Supreme Court, in its Citizens United decision, held that limits on campaign contributions by corporations and unions violated the First Amendment’s guarantee of free speech. The administration specifically disagreed with the Court’s decision as it related to corporations, not as it related to unions. President Obama made his displeasure apparent during his State of the Union address, when he none-too-delicately criticized the Supreme Court.

Now, Democrats in Congress have introduced a bill that would restrict the free speech of corporations, while permitting unions to spend as much as they want for political issues and campaigns.

The proposed legislation would prohibit recipients of TARP funds as well as government contractors from spending money on political campaigns. Unions that have contracts with the government, however, would be free to spend as much as they want.

This is another blatant example of the Obama administration favoring unions over corporations, of shackling corporate America with one set of rules while unleashing unions to pursue their goals. A greatly circumscribed free market, which seems to be the focus of the Obama administration, will limit the country’s opportunities for economic growth and prosperity.

April 9, 2010

THE NLRB POSES A THREAT TO CORPORATE AMERICA

 THE NLRB POSES A THREAT TO CORPORATE AMERICA

From the desk of Stephen Cabot:

 

It is no secret that a Democratic majority on the National Labor Relations Board would favor unions. If one of those is a former union lawyer who believes that the Employee Free Choice Act should become law, the putative impartiality of the NLRB could be abrogated with the stroke of a pen.

 

Craig Becker, who was appointed to the Board by President Obama during the spring recess of Congress (an action known as a presidential recess appointment), will decidedly and perhaps aggressively tilt the Board to an unfair and dangerous pro-union position.

 

Mr. Becker, who was a top lawyer for the Service Employees International Union (SEIU), and Democrat Mark Pearce, will give the Board a three-vote Democratic majority.  There had been just one Democrat and one Republican on the Board prior to the appointments of Becker and Pearce. The Board should have five members.

 

Many in Corporate America as well as students of labor relations and pro-management attorneys believe that the newly composed Board will act to affirm a pending petition that would require employers to bargain with unions that represent less than a majority number of any employer’s workers. In addition, it is also believed that the Board will vote to shorten the period of time from when an organizing petition is accepted by the Board and when a vote is held. While the Employee Free Choice Act may be doomed in Congress, the acts of the NLRB could now advance the mission of unions so that more and more workers become unionized and labor costs skyrocket. It is essential, therefore, that Corporate America invests in strategic action plans for union avoidance as well as plans to achieve decertification of unions already in place.

 

A dark cloud is hanging over Corporate America, and only if it implements a pro-active battle plan will the sun shine again on our traditional free enterprise system.

 

 

 

 

 

 

 

 

April 1, 2010

WOULD THE PRISONERS GUARD THEMSELVES

From the desk of Stephen Cabot:

 

When referring to illogical situations, it has often been said that the prisoners are running the prisons, the inmates are running the asylums, the foxes are guarding the hen houses.

 

Such a situation was successfully avoided at a prison in Chester County, Pennsylvania.

The Teamsters Union, ever on the look out for possible new members, had attempted to organize the Chester County Prison correction officers. The officers, ever vigilant of their responsibilities, voted 155 to 35 against forming the Chester County Corrections Officers Independent Union, which – had it succeeded – would have been allied with the Teamsters.

One can only imagine what would have occurred in the prison, if –at some future time – unionized corrections officers would have be unable to reach an  agreement with the warden and the county. Would the officers have felt obliged to go out on strike? Would certain prisoners be given the responsibility of guarding their fellow prisoners?

The fact that the corrections officers believe that they can negotiate on their own, without the normal threats that unions often bring to the bargaining table, says much about their apprehension of realism and their sense of responsibility.  They are to be commended for putting professional responsibilities ahead of personal interests.

The adversarial relationships that so often characterize the bargaining between management and workers have proven to be counterproductive and should be tossed onto the ash heap of labor relations history. It has proven utterly injurious to the economic health of the country. 


March 26, 2010

PRESIDENT OBAMA PLAYS THREE CARD MONTE WITH THE NLRB

From the desk of Stephen Cabot

 

The National Labor Relations Board needs a quorum of three.  If President Obama hopes to enact his pro-union agenda, he will need to have another pro-union advocate on the NLRB. He won’t say who is the pro-union advocate; he won’t even say that there is a pro-union advocate.

 

But as the names are flipped from hand to hand, one name keeps turning up. And if you guessed Craig Becker, you would be right.

 

According to The Wall Street Journal (www.wsj.com) “In a 1993 Minnesota Law Review article [Becker] said that the ‘core defect in union election law…is the employer’s status as a party to labor representation proceedings’ and that ‘employers should be stripped of any legally cognizable interest in their employees’ election of representatives.’”

 

If an NLRB member believes that employers should not be permitted to educate their employees about he disadvantages of unionization, he can hardly be considered a fair minded adjudicator of labor issues.

 

Yet, according to Senator Tom Harkin, President Obama will appoint Craig Becker to the NLRB during the Easter recess. It’s called a recess appointment, and it’s an end run around the Senate.  No votes are required.

 

With his pro-union advocates on the NLRB, President Obama will have won his three card Monte game, for no matter which member Corporate America appeals to, the results will always favor the union.

 

March 12, 2010

UNIONS INVESTING MILLIONS TO ELECT PRO-UNION LEGISLATORS

From the desk of Stephen Cabot:

 

It’s no secret that unions are extremely unhappy with many Democratic legislators who have failed to support the proposed Employee Free Choice Act (EFCA) as well as other pro-union measures. Now those unions are supporting a host of Democratic candidates who have promised, that if elected, they will support the EFCA.

 

One need only look at the primary battle facing Blanche Lincoln for the Democratic senatorial nomination in Arkansas. Four unions have pledged $4 million to defeat Senator Lincoln in the primary and to elect Lt. Governor Bill Halter.

 

In addition, the AFL-CIO and the Service Employees International Union (SEIU) will endorse pro-union Democratic candidates in Colorado, Ohio, Pennsylvania, and Kentucky.

 

While President Obama decried the recent Supreme Court decision permitting corporations to invest in political candidates, he did not complain about unions doing the same thing. And now that the Supreme Court has opened the door to increased spending, unions are going to invest millions of dollars to make sure that their chosen candidates get elected.

 

While many in Corporate America breathed a sigh of relief that the EFCA was dead, it could come back to life if new union-backed candidates are elected to the US Senate.

March 5, 2010

ONCE AGAIN A UNION HURTS WORKERS & CORPORATE AMERICA

In DeWitt, New York, Magna’s Power Train division decided that the installation of surveillance cameras was an appropriate undertaking. Keeping tabs on workers’ productivity is a responsibility of management. Not according to the  UAW. It said that the cameras should not have been installed without first consulting with the union. This is one of numerous union generated complaints against Magna.

 

Because of the barrage of union complaints and because workers repeatedly rejected contract changes, Magna has decided that it will close one of its divisions. Work from Magna’s New Process Gear plant has now been transferred to other Magna facilities and to a factory in Mexico. That means that 112 workers will lose their jobs.

 

This is just another example of why the majority of Americans regard unions as an obstacle to their economic well being. As companies, such as Magna, close plants and send manufacturing to foreign lands, workers will suffer, Corporate America will suffer, and America’s role as an economic powerhouse will diminish while the economies of other countries, such as China and India, continue to grow. It’s a sad commentary on the state of management labor relations in our time.

 

 

 

 

February 26, 2010

PEW RESEARCH: UNIONS’ FAVORABILITY RATINGS DROP

According to The Pew Research Center for People and the Press, the public has an increasingly unfavorable opinion of unions. A mere 41% of the general public has a favorable opinion of unions, while 42% expressed an unfavorable opinion of unions. Such figures contrast dramatically with those ascertained  in January 2007 when 58% of the public had a favorable opinion of unions, while only 31% had an unfavorable opinion.

The Pew Research Center for the People and the Press conducted its survey from February 3 to 9 and queried 1,383 adults via cell phones and landlines. According to the survey, “61% agreed with the statement ‘labor unions are necessary to protect the working person,’ down from 68% in 2007 and 74% in 2003. In the same survey, six-in-ten (61%) agreed that ‘labor unions have too much power,’ up from 52% in 1999.

The survey ratifies a belief that we have been espousing for some time that unions no longer represent the best interests of workers. The public realizes that if America is to maintain its position as a world economic leader it must support innovation, entrepreneurship, and capital investment in the future. Unions are often an obstacle to all three.

No matter how much support unions give to President Obama and how much he does their bidding, the public believes that the era of the union as the best representative of workers is rapidly fading and will soon become utterly superfluous.

 

 

February 19, 2010

PLAY BALL!

 

With the start of the  baseball season just around the corner, players and owners have much to consider. To wit: stadium attendance has dropped by more than 6%, and the collective bargaining agreement of the baseball franchises expires just after the 2011 season. Thus far, there has been scant news about disputes between management and players; however, that is not necessarily an indication that numerous dissatisfactions aren’t brewing.

According to an article in New York Newsday, Bud Selig stated: “I’ve been thinking about it [the collective bargaining agreement] a lot. (Major League Baseball executive vice president of labor relations and human resources) Rob Manfred and I have a lot of conversations about it. Rarely do I have it off my mind. We’ve had 14 straight seasons of uninterrupted action, though, featuring two CBAs negotiated peacefully. The first one, in 2002, went down to the final minutes. The more recent one, in 2006, reached agreement months before the deadline. That history must count for something, to both sides, as do the relatively positive relationships that have been constructed.”

While the Obama administration is attempting to push forward its pro-union agenda, baseball fans, disturbed by past labor conflicts, are generally hopeful that there will be no strike to disrupt the call of “Play Ball.” And not only the fans, but also the owners and players are hopeful that labor peace can be maintained.

In fact, professional baseball may offer an example of how labor and management can cooperate for the overall good of the economy. Corporate America and organized labor both have a vital stake in increased productivity, profitability, and cooperation. And that can be achieved by putting aside petty differences and working together to bring about shared goals. The adversarial culture, which often permeates all aspects of labor relations, is an obstacle that both sides should work to eliminate, regardless of who in Washington is pushing a pro-union agenda.

February 5, 2010

HIGHER TAXES BENEFIT UNIONS

According to a recent editorial in The Wall Street Journal (www.wsj.com), while union membership amongst private industry workers is declining, union membership for government employees is dramatically increasing.  While 7.2% of private industry workers belong to unions, more than 37% of government workers belong to unions.

Since government has become the primary employer of unionized workers, it is understandable why Andy Stern, head of the Service Employees International Union (SEIU) and Richard Trumka, head of the AFL-CIO, are such frequent visitors to the White House. And since the Democrats reliably do the bidding of unions, it also explains why unions earmark tens of millions of dollars to elect Democrats to Congress.

It also explains why unions want higher taxes, for higher taxes mean additional revenue to pay unionized government workers’ salaries. And ever increasing salaries mean greater amounts of money available for union dues. In other words, millions of American workers, who do not belong to unions, will be paying for ever higher, ever increasing union wages for government workers!

Should the demands of government workers not be met, they can always bite the hands that feed them by going on strike. Striking public service workers was once outlawed; but self-destructive Democrats will never put road blocks on the highway that leads to union goals. So if the workers don’t get what they want, one could witness government grinding to a halt. So much for the welfare of the tax-paying public!

December 11, 2009

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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