pro-union « Stephen, J. Cabot blog

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.

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March 12, 2010

UNIONS INVESTING MILLIONS TO ELECT PRO-UNION LEGISLATORS

Filed under: Employee Free Choice Act — Tags: Add new tag, afl-cio, ARKANSAS, BLANCHE LINCOLN, cabot institute, COLORADO, corporate America, employee free choice act, KENTUCY, labor relations, PENNSYLVANIA, President Obama, pro-union, SEIU, SENATORS, SERVICE EMPLOYEES INTERNATIONAL UNION, stephen cabot, union organizers, unions — Stephen J. Cabot @ 5:50 pm

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.

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February 19, 2010

PLAY BALL!

Filed under: Employee Free Choice Act — Tags: Add new tag, baseball, bud selig, cabot institute, collective bargaining, corporate America, labor relations, major leagues, organized labor, President Obama, pro-union, stephen cabot, unions, workers — Stephen J. Cabot @ 5:50 pm

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.

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December 4, 2009

ANOTHER BLOW TO DEMOCRACY

Filed under: Employee Free Choice Act — Tags: Add new tag, airlines, cabot institute for labor relations, corporate America, democracy, labor, National Mediation Board, organized labor, President Obama, pro-union, railroads, stephen cabot, stephen j cabot, union organizers, unions, workers, workforce — Stephen J. Cabot @ 5:20 pm

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.

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October 23, 2009

SENATOR McCAIN TAKES A STAND

Filed under: Employee Free Choice Act — Tags: Add new tag, cabot institute, cabot institute for labor relations, congress, labor, National Labor Relations Board, NLRB, President Obama, pro-union, stephen cabot, stephen j cabot, union organizers, unionization, unions. unionization, workers — Stephen J. Cabot @ 5:26 pm

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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October 15, 2009

PACKING THE NATIONAL LABOR RELATIONS BOARD

Filed under: Employee Free Choice Act — Tags: cabot institute, cabot institute for labor relations, corporate America, employee free choice act, labor, labor department, National Labor Relations Board, organized labor, President Obama, pro-union, stephen cabot, stephen j cabot, union organizers, unions, workers — Stephen J. Cabot @ 5:01 pm

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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October 9, 2009

PRO-UNION ADVOCATE NOMINATED AS SOLICITOR FOR LABOR DEPARTMENT

Filed under: Employee Free Choice Act — Tags: cabot institute, cabot institute for labor relations, corporate America, organized labor, President Obama, pro-union, stephen cabot, stephen j cabot, union organizers, workforce — Stephen J. Cabot @ 4:28 pm

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 misssion 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 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 indeed have Corporate America in the cross hairs of 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

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October 2, 2009

LABOR ECONOMISTS: UNIONIZATION WILL HURT ECONOMY

Filed under: Employee Free Choice Act — Tags: cabot institute, cabot institute for labor relations, employee free choice act, organized labor, President Obama, pro-union, stephen cabot, stephen j cabot, unionization, workers — Stephen J. Cabot @ 12:59 pm

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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September 3, 2009

Obama’s Pro-Union Strategy

Filed under: Employee Free Choice Act — Tags: cabot institute, cabot institute for labor relations, corporate America, employee free choice act, National Labor Relations Board, organized labor, President Obama, pro-union, stephen cabot, stephen j cabot, union organizers, unionization, unions, workers, workforce — Stephen J. Cabot @ 12:43 pm

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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August 14, 2009

The Power of One

Filed under: Employee Free Choice Act — Tags: Add new tag, cabot institute for labor relations, corporate America, labor department, National Labor Relations Board, organized labor, President Obama, pro-union, stephen cabot, stephen j cabot, union organizers, unionization, unions, washington, workers, workforce — Stephen J. Cabot @ 4:57 pm

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.

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