Even a Big Labor Ally Concedes the SEIU May Be Breaking Federal Election Law  

Yesterday, a pro-Big Labor blogger at OpenLeft inadvertently highlighted the absurdity of the SEIU's apparently illegal fundraising scheme (emphasis mine):

If the local doesn't put enough money into the national PAC, they will have to pay a penalty of regular funds out of union dues to the international. PAC contributions are voluntary and only come when members feel empowered, whereas union dues are automatic, so this is a strong incentive for locals to organize and empower their members. It's a good policy move, and it was voted on and ratified at the SEIU Convention.

Surely the author realizes that there's some tension between "voluntary contributions" and an SEIU policy that penalizes local affiliates for failing to meet MANDATORY political fundraising targets? Actually, he does:

The requirement and penalty do somewhat cut against what it means to voluntarily give to political causes. A possible lawsuit might be viable.

For sure. Here's the relevant section of US code quoted in the National Right to Work Foundation's letters (.pdf) to the Departments of Justice and Labor (emphasis mine):

(2) For purposes of this section and section 79l(h) of title 15,[1] the term “contribution or expenditure” includes a contribution or expenditure, as those terms are defined in section 431 of this title, and also includes any direct or indirect payment, distribution, loan, advance, deposit, or gift of money, or any services, or anything of value (except a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business) to any candidate, campaign committee, or political party or organization, in connection with any election to any of the offices referred to in this section or for any applicable electioneering communication, but shall not include

. . .

It shall be unlawful—

(A) for such a fund to make a contribution or expenditure by utilizing money or anything of value secured by physical force, job discrimination, financial reprisals, or the threat of force, job discrimination, or financial reprisal; or by dues, fees, or other moneys required as a condition of membership in a labor organization or as a condition of employment, or by moneys obtained in any commercial transaction;

No political expenditures " . . . secured by financial reprisals or the threat of financial reprisals?" Sounds like a pretty explicit violation of U.S. law.

The SEIU's political fundraising apparatus is absolutely enormous. As the author of the OpenLeft post notes, its institutional clout and massive campaign expenditures dwarf other organizations' contributions. But coercing local SEIU affiliates into bankrolling a national campaign strategy has the potential to irreparably taint our electoral process. When even a pro-Big Labor mouthpiece concedes the viability of the Foundation's case, it's time for the Departments of Labor and Justice to take action.

ADDENDUM: Here's more commentary on the political implications of the SEIU's fundraising from QandO and Protein Wisdom.

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Comments

The Intellectual Means of the Silly Men

As an opening, I have to engage you all for just a minute or so. In the latter years of the 1970's I was a member of what was then the service employees union and which is now the SEIU in a certain area jurisdiction held and controlled. By the mid 1980's that local was bust, by the corrupt BA (of court records) bilking what was to be all our retirment savings. In the 1980's after a short non-u world of employment, I again, was invited into the same union jurisdiction area but this time, into a skilled trades Local. By 1998, given blood sweet and tears, I was educated to make a choice, as our forefathers, to be free, so I broke ties from the core out... this is what I know...

So you want to know how these funds are created. I can tell you, by creative people,backed by intellectual silly legal counsel and titled guards willing to walk the razors edge for something they feel they believe in... In both my stay's of unionized employ as mentioned above, several times a year and typically every quarter the BA's or active union solicitors would remember, would obligate the members to buy the raffles,typically, $5 a ticket for 5 = $25 per member that each member received either directly given them, or by u.s.mail delivery, a near postal code envelope full of raffle tickets, sometimes 25 tickets if you were far behind. Now these tickets where to be purchased, stubbs sent with only cash back to the locals office,normally, personally or through the brotherhood chains and adamently demanded, everyone! I clearly remember first asking, then demanding to know what the proceeds were going to and was told point blank, to good causes the union felt proper to give to and to help the union build it's membership. I asked where those funds were kept and so I was told, in an international account and that a certain amount was kept in the locals funds to assist local political needs. Later, as I became more central core to the internal knowledges of that certain local, Then and only then did it become immediately apparent that they we're used puposefully and directed primarily in efforts to defeat many previous and future politicians by funding certain activities ( smear champagnes) and information gathering (intel) as well as direct giving to political entities through local union supporters that were well connected and well to do. I have seen these funds go directly to those who would do services for the cause or the middle man mickey, all by the little blank envolopes. I have known of and received directed requests by the AFLCIO president directing such gifting requests in letter, however, it always rounded with the raffles effect in some fashion. Now I know of at least 2 presidents, many localized politicians that have received the ill will of these funds and I have known of many politicians and only one president that were actually aided by these funds. I know of both a President who is a father of a president and our present political office holder of the presidency were both on the negative receiving side of these funds with many others. I again witnessed this very tribal internal/inner solicitations of the seed raffle funds a second time around, at the turn of the century... I remember well, so well, of the scolding and ridiculed of my religious beliefs I had received from abstaining from political donations all those years and being held back by bogus means and reasons to advance to highest skills, training and titlement. Again, in late 1990's they took a part of my retirement and show true colors of their poltical needs and means and intents, So, I took the words of this country's forefathers and again, gained Freedom... American, Union Free and Proud!!!


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