Here at Freedom@Work, we’ve covered the so-called Employee Free Choice Act (more accurately called the Card Check Forced Unionism Bill). The job-killing bill would effectively eliminate the secret ballot in union certification elections and open up workers to intimidation and dirty tricks by union organizers in coercive card check organizing drives.  Moreover, the bill’s mandatory binding arbitration provision would allow federal bureaucrats to impose terms and conditions of employment on workers and employers — which even Far Left icon George McGovern opposes.

Shikha Dalmia, senior analyst at the Reason Foundation, wrote in the Wall Street Journal this weekend — echoing what National Right to Work has been documenting for years — that mandatory binding arbitration has been occurring in government employment in numerous forced unionism states with atrocious results.

In 1969, the Wolverine State embraced a form of compulsory arbitration nearly identical to the one proposed in EFCA to resolve disputes with its police and firefighters. Years later, Detroit mayor Coleman Young — who had authored the original law as state senator — rued what he had done. "We now know that compulsory arbitration has been a failure," he lamented to the National Journal in 1981. "Slowly, inexorably, compulsory interest arbitration has destroyed sensible fiscal management and has caused more damage to the public service than the strikes it was designed to prevent."

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A 2006 task force convened by Gov. Jennifer Granholm, who supports compulsory arbitration, found that local government costs in arbitration states are 3%-5% higher compared to nonarbitration states. "While small in percentage terms, the impact in dollar terms is huge," the task force concluded. Given that local governments in Michigan alone spend over $23 billion annually, this works out to over a billion in extra spending for them.

Michigan’s experience is hardly unique. Former Massachusetts Gov. Michael Dukakis also tried to limit public-sector compulsory arbitration during his first term. In 1977, Mr. Dukakis argued that compulsory arbitration "has removed legitimate management prerogatives in the area of staff assignments, (and) transfers from the control of municipal officials at a time when they are under severe pressure to improve their management and make savings." Mr. Dukakis failed to stop compulsory arbitration, but two years later Massachusetts voters approved a ballot initiative that effectively scrapped it.

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Businesses are not the only losers in compulsory arbitration. Currently, any contract negotiated by union officials has to be ratified through a vote of rank-and-file members. Under compulsory arbitration, workers do not get this vote. In other words, EFCA will take away the right of workers to vote to form a union, and then binding arbitration will take away their right to vote on a contract.

The only clear winners under this law would be the union bosses, who will obtain new powers without any new accountability. If Michigan’s experience suggests anything, it’s that rank-and-file workers, businesses, and the American economy will suffer. Sen. Lincoln and her colleagues should bear this in mind before they make their final decisions.

[Emphasis added]

Read the whole thing here.

Click here to watch an urgent video message from Senator Jim DeMint, Steve Forbes, and National Right to Work Foundation President Mark Mix. 

National Right to Work president Mark Mix recently wrote in the Washington Examiner about the Obama Administration’s refusal to attend the annual U.S. Conference of Mayors in Providence at the behest of militant union bosses. The message to mayors was clear: Hand over your cities and taxpayers’ dollars to the union bosses.

Miami mayor Manny Diaz, outgoing president of the U.S. Conference of Mayors (USCM), has accused the White House of "setting a very dangerous precedent" during the organization’s 2009 annual meeting in Providence, Rhode Island. Vice President Joe Biden, senior adviser Valerie Jarrett, and Cabinet members Shaun Donavan, Arne Duncan, and Gary Locke had all been slated to attend.

Not one showed up.

Why would Obama and his Cabinet do such a thing to their close political friends? Because International Association of Firefighters (IAFF/AFL-CIO) union President Harold Schaitberger told them to.

As the national recession and exploding government deficits are forcing mayors across the country to make difficult decisions to keep their cities from going bankrupt, Schaitberger is leading a crusade to intimidate local and state elected officials. Specifically, he and his lieutenants are trying to deter local and state politicians from reforming the outrageous public-safety union pension systems that are driving cities like Providence into insolvency. The Obama White House is apparently eager to go along.

Not long before the mayors’ meeting, Schaitberger and the bosses of IAFF Local 799 in Providence announced that they would be setting up a picket line outside the conference. The White House then vowed that no one from the Obama administration would defy the union brass by attending. In a June 5 IAFF union press release, Schaitberger was quoted gloating about the Obama administration’s "unqualified support" for "organized labor."

Read the rest of the op-ed here.

Click here to watch an urgent video message from Senator Jim DeMint, Steve Forbes, and National Right to Work Foundation President Mark Mix.

Foundation Vice President Stefan Gleason sits down with Reality Check Radio to discuss the history of the Right to Work movement, Card Check, and the Police and Firefighters Monopoly Bargaining Bill. Click here to listen or use the embedded player below:

At the annual Concerned Educators Against Forced Unionism (CEAFU) conference in Washington, D.C., Right to Work Legislative Director Greg Mourad discussed the state of the card check debate in Congress. Here’s the video:

In the latest of a litany of Big Labor political paybacks, President Barack Obama nominated union lawyer George H. Cohen to Director of the Federal Mediation and Conciliation Service (FMCS). 

According to the Peggy Browning Fund’s biography of Cohen, "he joined the National Labor Relations Board in 1960 as an Attorney Advisor for Board Member [Gerald] Brown where he helped shape the progressive, union [boss]… friendly agenda of the ‘Kennedy Board’…  In 1966, George left the Board to begin his 40 year stint as a union-side labor lawyer."

Cohen’s past efforts on behalf of union chiefs clearly indicates that he brings years of forced unionism bias to what is a very coveted position for Big Labor.

Under the mandatory binding arbitration provision in the Card Check Forced Unionism Bill, the FMCS bureaucrats would take over employer/union boss contract negotiations 90 days after a card check forced organizing campaign.  The forced arbitration provision that is triggered at 120 days not only snatches the power of contract negotiations away from the people it actually affects; but it also, as the Wall Street Journal notes, emboldens union bosses "to run out the 120-day clock and let an arbitrator impose a contract that is bound to include much of what unions demand."  The federally-imposed contract would be binding for two years.

If Big Labor’s Card Check Forced Unionism Bill passes, the Cohen-led FMCS would become a defacto rubber stamp for union boss coercion, doing Big Labor’s dirty work during negotiations and empowering them to browbeat employers into forcing more workers into forced-dues-paying union membership.

Obama’s nomination of yet another union hired gun, this time for the vital post of FMCS Director, is just another example in a long list of union stooges who clearly do not have the best interests of independent-minded workers at heart.

As the current economic downturn continues, many states across the nation are starting to find it increasingly difficult to stay afloat after having capitulated to the union bosses’ extortionate demands.  Last week, the Wall Street Journal cited the National Institute for Labor Relations Research (NILRR) — an anti-compulsory unionism think tank that exposes the harm forced unionism inflicts on workers — when discussing Big Labor’s contribution toward the severe financial difficulties California, New York, and New Jersey are experiencing and the migration of workers leaving these forced-unionism states:

Powerful unions. Mr. Obama believes union power is a ticket to the middle class. The middle class is getting creamed in all three of these "progressive" states, where organized labor is king. The unionized share of the workforce is 20% in California, 19% in New Jersey and 27% in New York compared to 13% across the country. All three are non-right-to-work states, have super-minimum wage requirements and provide among the nation’s most generous public-employee pensions.

Workers in these paradises are indeed uniting — by leaving. New York ranks first, California second and New Jersey third in moving vans leaving the state. A study by the National Institute for Labor Relations Research found that over the past decade these and other high-union states (mostly in the Northeast) had one-third the job growth of states with low union penetration.

NILRR recently found an especially strong correlation between a state’s Right to Work status and its job growth, while employees in Right to Work states are benefiting from faster job growth and higher real purchasing power than their compulsory unionism counterparts.

Perhaps it’s also worth revisiting a Wall Street Journal article penned late last year by National Right to Work President Mark Mix, reminding us that a massive expansion in forced unionism power played a key role in making the Great Depression longer and deeper.

Some actions defy explanation (emphasis mine):

Several parents and members of the Leominster School Committee said Monday they are upset that the teachers’ union voted recently to reject a large grant that seeks to increase the number of students in Advanced Placement courses.

"I think it’s a vote against children," School Committee vice chairwoman Donna DiNinno said. "This would have been such a boost for students in our AP and honors program. I am very disappointed."

School Committee member Christopher Orareo said he does not understand how the union could turn down a grant that would have provided the district with $856,000 during a five-year period, when the community is fighting for every penny it can get into the classrooms.

"I’m just astounded this vote has taken place," Orareo said. "Students are the biggest losers in this whole thing. I think it was a selfish vote on the part of the union."

Why were local union bosses so eager to axe a generous grant program that promised more teacher training, more advanced placement courses, and merit pay for high-performing educators?

This latest instance of teacher union obstructionism illustrates one of the many problems with monopoly bargaining. No organization should be able to veto a school’s attempt to secure additional funding, just as no organization should be in a position to prevent talented teachers from aspiring to better pay and more challenging coursework. Why should the union activists dictate public schools’ educational policies and give short shrift to individual teachers who deserve to be rewarded for their merit? 

Regular Freedom@Work readers may remember the plight of Mandy Diasselliss, a Santa Monica-based studio tutor whose career helping child actors stay on top of their studies is threatened by compulsory unionism. The case underscores the reality of the union boss stranglehold in Hollywood.

Union operatives from the International Association of Theatrical Stage Employees (IATSE) Local 884 had Diasselliss fired for not joining the union despite the fact she actually tried to become a member (joining is just what you DO in Hollywood), her excellent workplace track record, and the fact that her temporary employment status meant she could not be compelled to join IATSE Local 884 in the first place.

The Foundation’s original unfair labor practice charges challenged this illegality, seeking her immediate reinstatement as well as any back pay owed since her illegal termination.

Foundation attorneys have subsequently amended the unfair labor practice charges, alleging that IATSE operatives also limited access to a union hiring hall to protect existing union members and exclude newer employees (like Diasselliss) from obtaining employment opportunities, even though they would be working under the same union contract. Union members received preferential access to the hiring hall to find work, whereas nonunion employees were denied access to similar opportunities, effectively freezing them out of the local job market.

Unfortunately, this latest development isn’t particularly surprising. As Foundation Vice President Stefan Gleason noted in the original press release, “Union bosses in the entertainment industry have routinely ignored federal labor laws in an effort to maintain monopoly control of who is hired and who is fired."Freedom@Work will continue to post updates on the Foundation’s ongoing efforts to challenge this coercive union scheme.