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.
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.
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!
According to various polls, most Americans believe that unions have often been an obstacle, standing in the way of American companies being able to compete with foreign-based and non-union companies. One need only look at the sorry state of GM.
In addition, Americans have not voiced approval for President Obama’s pro-union activities, such as attempting to staff the NLRB with pro-union advocates and cozying up to the leaders of the Service Employees International Union and the AFL-CIO. Leaders of both unions have been frequent visitors to the White House.
Though many commentators noted Senate candidate Martha Coakley’s gaff about the Boston Red Sox, there was also another element responsible for her loss to Senator Scott Brown. Seemingly unaware of public sentiment about unions, Ms. Coakley announced during her campaign that she supported the Teamsters’ efforts to organize the workers of FedEx. She stated that she supported the Express Carrier Employee Protection Act. “As someone deeply committed to ensuring a level playing field for our workforce, I am pleased to support this legislation that will end FedEx’s unfair ability to deny workers’ rights,” stated Ms. Coakley. She didn’t, of course, state that consumers are pleased with the services that they get from FedEx. Furthermore, she did not state that many FedEx drivers prefer the opportunity to own their own routes, be their own bosses, buy additional routes, and enjoy the opportunity of earning as much money as their ambitions and energies permit. By accepting union support and not balancing that with the sentiments of the electorate, she self-destructively hammered another nail into her own political coffin.
Driving around during the campaign in his pick-up truck, Scott Brown seemed to voters as independent and as free of union influence as FedEx drivers. It’s just another reason why Massachusetts voters went to the polls to express their own independence. Being a union stooge is no way to run for political office.
People are often judged by the company they keep. That is why probation officers direct ex-convicts not to associate with other criminals.
Should Corporate America judge President Obama by the company that he keeps?
Andy Stern, president of the Service Employees International Union (SEIU) and Anna Burger, Secretary-Treasurer, have visited the White House 60 times. Ms. Burger also serves on the President’s Economic Recovery Advisory Board. There have also been numerous visits by other union leaders, such as Richard Trumka, president of the AFL-CIO and Lou Gerard, president of the United Steelworkers.
Big labor had ensured such entrée by the amount of money it spent on the 2008 election: approximately $450 million; of that sum, $85 million was spent by SEIU.
What do these cozy relationships portend for Corporate America? To begin, there will be the Employee Free Choice Act, which will be introduced this year. Card checks and government administered binding arbitration will not be the only bad news for corporations. Unions would also like Congress to pass a tax-payer funded union pension bailout. Unions want President Bush’s union reporting requirements about union finances watered down, so that unions would no longer have to reveal how they spend their political dollars. Unions also want more stimulus money to be devoted to preserving unionized government jobs as well as preferential treatment for union contractors. And finally, unions want to make sure that the National Labor Relations Board is staffed by pro-union advocates.
Mothers throughout America warn their impressionable children that they will be judged by who their friends are. Corporate America needs no such warning: the writing is on the walls of union halls and the White House.
Municipal employees in Portland Maine have decided to show their unhappiness with the American Federation of State, County, and Municipal Employees (AFSCME). Many local union members (Local 1373) feel that they pay expensive dues and are not receiving sufficient job protections. More than ninety of their members were laid off from their city jobs.
Now 450 members of the union have received ballots, giving them the opportunity to decertify the union. The local AFSCME sends the national office $130,000 a year, and feels that it’s not getting its money’s worth.
Local leaders had filed a petition in October with 200 signatures that asked for decertification ballots. As a result, those leaders were suspended from their leadership positions, and the Local’s assets were seized. In addition, the National office has been running local ads critical of the Local.
As we reported last week in our report about SEIU, a union that is in a war with a break-away union, this is another example of intense dissension within the ranks of organized labor. As unions become increasingly more superfluous, their internecine battles increase in ferocity. Organized labor, unable to connect with workers, are fighting with each other for the ever diminishing number of workers who still find what is chimerical value in being union members.
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.