The Las Vegas Sun recently published the story of Anishya Sanders, a hard-working single mother exploited by Big Labor to push for the Card Check Forced Unionism bill (aka the misnamed “Employee Free Choice Act”).

Union bosses flew her to Capitol Hill to testify in support of the union power grab and let her live the limosine lifestyle of a union boss for a precious few days. Anishya lived it up at suave hotels, private meetings with members of Congress, and celebratory wining and dining on surf-and-turf and merlot at tony DC hot spots.

Things were really turning around for Anishya. She thought she’d finally made it, and she was even promised a good job by the local union boss. However, after returning home things didn’t pan out that way. Eventually, the local union official told the mother of five “your 15 minutes are over” and hung up. She is now homeless and unemployed and concludes that if Big Labor had just left her alone, she would still have a job.

So much for the little guy (or woman, as the case may be)… Once Anishya could no longer help union officials with their latest compulsory unionism power grab, the union bosses kicked her to the curb.

Read the whole sordid tale here.

The July/August 2008 Foundation Action newsletter is now available for download!

In this issue:

• Administration Lawyer Undercuts Another Foundation Case, Abruptly Resigns
• Foundation Pushes to Close Union Disclosure Loopholes
• Union Boss Monopoly Bargaining Rears Ugly Head
• Foundation Victory Reveals Widespread Use of Card-Check
• Foundation Attorneys Expose Shady Union Accounting Scheme
• Planned Giving Strategies Pay Off Now and Later

Download the July/August 2008 Foundation Action in PDF form today. You can sign up for a free subscription to Foundation Action here.

Via the Education Sector’s blog, the Washington Post has an excellent article up on DC School Chancellor Michelle Rhee’s proposal to create a two-tier pay system to allow administrators to reward teacher excellence in the capital’s hidebound public schools.

Rhee’s reforms would permit teachers to forgo tenure in favor of higher pay scales based on student achievement, or choose better job security at lower rates of compensation. Predictably, union bosses are fighting the reform tooth-and-nail because it weakens their education stranglehold:

"It’s degrading and insulting," said Brocks, to ask that teachers give up tenure and go on probation for a year if they choose the more lucrative of the two salary tiers under the plan, which is at the center of contract negotiations between the city and the Washington Teachers’ Union. He said that Rhee wants only to purge older teachers and that for instructors to sell out hard-won protections against arbitrary or unfair dismissal is unthinkable. "For Michelle Rhee or anyone to ask that is like Judas and 30 pieces of silver," Brocks, 59, said.

Apparently it’s "degrading and insulting" to demand accountability from a school system that has been wracked by massive corruption scandals and boasts some of the lowest test scores in the country, even when all that the proposal does is allow individual teachers to have one single choice about the terms of their employment. Here’s the Government Accountability Office’s 2008 report (.pdf) on DC public schools (emphasis mine):

The system serves about 50,000 students and operates 144 schools.1 In fiscal year 2007, its operating budget exceeded $1 billion and the federal government provided funds for about 13 percent of that amount. Long-standing problems with student academic performance, the condition of school facilities, and the overall management of the D.C. school system have been well documented over the last several decades. In particular, the academic challenges facing the District are enormous. In 2007, D.C. public schools ranked last in math scores and second-to-last in reading scores for all tested urban public school systems on the National Assessment of Educational Progress (NAEP).

I particularly enjoyed reading the Education Sector’s response to union intransigence (emphasis mine):

There’s a certain infantilizing quality to this vision of teacher work, where individuals can’t be trusted to make up their own minds about their relationship with management and shouldn’t be allowed to make the tradeoff that virtually all well-compensated professionals make: more accountability and less security in exchange for more recognition and compensation.

. . .

So on the one hand you’ve got an uber-responsive chancellor who reformed the bureaucracy to better support teachers and wants to give them the option to voluntarily enter a system that would pay them a whole lot more money. On the other hand, a union that can’t return emails and is notable chiefly for a history of theft and venality so outrageous that it’s memorable even by the highly attentuated moral standards of DC municipal government.

Ultimately, this boils down to one thing: union boss control over teachers and their paychecks. If DC teachers are permitted to make their own decisions about their terms of employment, even more DC teachers may discover how unfair it is that they are forced to pay dues to union bosses for "representation" they may not they need or want.

Today, the Foundation issued a news release announcing parallel federal lawsuits concerning illegal forced dues:

With free legal aid from the National Right to Work Foundation, three UPS employees in Kentucky and two UPS employees in Ohio filed federal lawsuits Friday and Monday, respectively, against national and local Teamsters officials for illegal extraction of forced union dues.

In the lawsuits, the nonmember employees claim that the national and local unions breached their duty of fair representation and violated the employees’ First and Fifth Amendment rights by charging and collecting fees used for organizing nonunion workers throughout the United States and financing a members-only “Strike and Defense Fund.”

Read the rest of the Foundation’s news release here.

Erin McKee, top boss of the Charleston Labor Council, has written a mind-numbingly ignorant (or intentionally misleading) response to an op-ed which outlines the mass rewriting of federal labor law Big Labor is hoping for after the 2008 election. Several of Boss McKee’s assertions are just downright factually incorrect.

Lie #1:

Mr. Factor points out that [Big] labor’s agenda is to get the Employee Free Choice Act passed, which is true. If a majority of employees have signed cards saying they want a union, it doesn’t end there. They would then be allowed to have a fair election process and not be lied to, harassed and fired.

But as has been pointed out elsewhere, the text of the misnamed EFCA reveals that once union organizers present the signed cards of even the smallest majority of workers in a unit, the National Labor Relations Board "shall not direct an election but shall certify the individual or labor organization as the representative." In other words, card check does effectively eliminate the secret ballot from union certification drives. The less-abusive current election process would be replaced by one-on-one harassment from union goons.

Lie #2:

In a right to work state such as South Carolina, the union is forced to represent everyone in the bargaining unit. This means that everyone benefits, not just those who choose to pay the union dues for the benefits they receive. (If you think this is fair, let’s try running our government this way and see what happens.)

Right to Work laws merely ensure that workers cannot be forced to pay tribute to an unwanted union. Unfortunately, even non members are forced to accept the union’s so-called representation, even when it works against them. It’s illegal for workers to bargain with their employer on their own merits.

Further, federal law doesn’t require that unions represent non-members, they seek and obtain monopoly bargaining status. Plus, as I have previously explained, if union bosses were serious about eliminating the so-called "free rider" problem, they would oppose federal and state monopoly bargaining statutes. They don’t. They want them.

Lie #3:

Mr. Factor also seems to have a problem with the Public Safety Employer-Employee Cooperation Act. He states that public-safety employees would no longer be permitted to bargain individually and could be forced to accept a union’s representation. Do local governments have the manpower to negotiate a bargaining agreement with each employee individually, or would it be more effective if management worked with employees to come up with a wage and benefits package?

Yes, they do actually. Municipalities all over the country do it. (For a good summary of the more-aptly titled Police & Fire Monopoly Bargaining Act, check out this month’s Labor Watch article by Stan Greer of the National Institute for Labor Relations Research.)

Boss McKee’s language in this passage is particularly revealing of Big Labor’s patronizing attitude toward workers. Instead of each employee negotiating with the employer, union cheifs like McKee claim to want "management [to work] with employees to come up with a wage and benefits package." But what exactly is the difference? How is that not what is occurring when individual employees have the opportunity to negotiate directly with the employer? Why should a majority of the employee’s co-workers get to pick the employee’s representation? Even criminal defendants get to pick their own representation!

Foundation attorneys have filed an unprecedented lawsuit in North Carolina state court on behalf of 16 AT&T employees against local union bosses who illegally released their confidential personal information (including their social security numbers) as retaliation for exercising their right to refrain from union membership. Two of the workers explain their battle in the latest Right to Work video report…

For more background information on the case, the Foundation’s press release is available online here. The Burlington Times-News‘ coverage of the lawsuit is available online here.

Be sure to subscribe to the Foundation’s YouTube Channel for more Right to Work video reports.

In what has become an annual (or rather semi-annual) tradition, the increasingly discredited American Bar Association (ABA) is once again pointedly excluding the viewpoints of individual employees who don’t want a union in their workplace.

The intellectually dishonest organization is holding its second annual Labor and Employment Law Continuing Legal Education Conference in Denver this September. The cover of the event brochure (pdf) trumpets a panel titled "Hot Topic: Neutrality Agreements, Card Checks, and Voluntary Recognition After Dana."

The core case at issue, Dana/Metaldyne, was brought and won by National Right to Work Foundation staff attorneys, and most of the law in this area is the result of Foundation litigation. Yet, the roster of attorneys on the panel again consists entirely of union, company, and government lawyers.

Foundation VP Stefan Gleason wrote the following about the anti-individual worker bias of the ABA back in February, the last time Foundation attorneys were excluded from speaking about its many cases, and the criticism therein is only reinforced by this latest episode:

ABA political hacks have pointedly refused to allow the perspective of employees who may, God forbid, not want a union to dominate their workplace. Once again, a hot topic at the conference was the National Right to Work Legal Defense Foundation’s cases defending employees whose rights are abused during card check organizing drives.

And yet again, the ABA meeting planners refused to allow the perspective of workers or their Right to Work attorneys to be heard — instead selecting speakers representing Big Labor and a small faction of squishy, union-boss-friendly management lawyers. (Of course, the views of the speakers were rejected by the NLRB in its recent Dana/Metaldyne ruling, and the views of Foundation attorneys were embraced. Just a technicality, I guess.)

The ABA’s intellectual dishonesty continues to be an embarrassment to America’s legal profession.

Union boss hypocrisy is nothing new, but this recent case, filed by two nurses in Houston, Texas against the CNA union and Tenet Healthcare shows just how blatant that hypocrisy can be.

When the SEIU bosses got themselves a sweetheart deal to organize nurses from the top down with Catholic Healthcare Partners in Ohio, CNA/NNOC denounced the deal as an illegitimate sell out of workers’ rights to a free and fair election, and workers’ rights to choose or reject unionization with full information, and without coercion or discrimination:

Rose Ann DeMoro, executive director of the nurses association, condemned this [SEIU] agreement. She called it “a rigged scam” in which the service employees union would bargain only half-heartedly if it won the vote.

“This was a top-down deal between an employer and a hand-picked union,” Ms. DeMoro said. “There was a gag order on everyone, and as a result this was a banana republic election.”

CNA/NNOC even went so far as to create anti-SEIU websites accusing that union of selling out workers while cutting secret sweetheart deals with management, in exchange for assistance organizing new workers from the top down.

This is the game that union bosses play nowadays: they increasingly fail in organizing workers the old fashioned way, since workers increasingly aren’t buying what the union bosses are selling. So, the union bosses try to organize companies, not workers, in what is known as “top down” organizing.

But all of this moaning and whining about SEIU’s secret “neutrality” deals has not stopped the CNA/NNOC brass from cutting their own secret sweetheart deals with companies. CNA/NNOC’s latest deal is a secret “neutrality” agreement with Tenet Healthcare, a nationwide hospital chain.

Under the agreement, Tenet is gagged from saying anything about the union, nurses’ personal information is handed to the union without their consent, and union agents get wide access to campaign inside the hospital facilities while anti-CNA nurses are barred from effectively providing an opposing view in their own workplaces. Perhaps worst of all, the NLRB is cut out from overseeing the process, which results in Potemkin Village “consent elections” in which the NLRB does nothing other than tally up “yes” votes and “no” votes and provide a veneer of legitimacy.

Sounds like a sweetheart deal to us: nurses handed over to the union with no real campaign about the effects of unionization, and no effective federal agency to oversee the process!

In fact, CNA chief DeMoro’s description of a "rigged scam," a "top-down deal between an employer and a hand-picked union," and a "banana republic election" is a strikingly apt description of DeMoro’s own CNA union’s secret deal with Tenet.

Shameless…

Far Left stalwart and former Democratic nominee for President George McGovern comes out swinging in the pages of the Wall Street Journal against Big Labor’s demand for mandating coercive card check in union organizing drives:

Voting is an immense privilege.

That is why I am concerned about a new development that could deny this freedom to many Americans. As a longtime friend of labor unions, I must raise my voice against pending legislation I see as a disturbing and undemocratic overreach not in the interest of either management or labor.

The legislation is called the Employee Free Choice Act, and I am sad to say it runs counter to ideals that were once at the core of the labor movement. Instead of providing a voice for the unheard, EFCA risks silencing those who would speak.

The key provision of EFCA is a change in the mechanism by which unions are formed and recognized. Instead of a private election with a secret ballot overseen by an impartial federal board, union organizers would simply need to gather signatures from more than 50% of the employees in a workplace or bargaining unit, a system known as "card-check." There are many documented cases where workers have been pressured, harassed, tricked and intimidated into signing cards that have led to mandatory payment of dues.

Under EFCA, workers could lose the freedom to express their will in private, the right to make a decision without anyone peering over their shoulder, free from fear of reprisal.

There’s no question that unions have done much good for this country. Their tenacious efforts have benefited millions of workers and helped build a strong middle class. They gave workers a new voice and pushed for laws that protect individuals from unfair treatment. They have been a friend to the Democratic Party, and so I oppose this legislation respectfully and with care.

To my friends supporting EFCA I say this: We cannot be a party that strips working Americans of the right to a secret-ballot election. We are the party that has always defended the rights of the working class. To fail to ensure the right to vote free of intimidation and coercion from all sides would be a betrayal of what we have always championed.

Some of the most respected Democratic members of Congress — including Reps. Marcy Kaptur of Ohio, George Miller and Pete Stark of California, and Barney Frank of Massachusetts — have advised that workers in developing countries such as Mexico insist on the secret ballot when voting as to whether or not their workplaces should have a union. We should have no less for employees in our country.

I worry that there has been too little discussion about EFCA’s true ramifications, and I think much of the congressional support is based on a desire to give our friends among union leaders what they want. But part of being a good steward of democracy means telling our friends "no" when they press for a course that in the long run may weaken labor and disrupt a tried and trusted method for conducting honest elections.

[Emphasis added]

Good for McGovern for acknowledging a few basic truths about the abuses of card check that Big Labor apologists continue to deny.

McGovern points out, correctly, that card check runs "counter to ideals that were once at the core of the labor movement."  Of course, so does forced unionism generally.  Samuel Gompers founded the AFL on the principles of volunteerism (as opposed to today’s compulsory system).

It’s important to note that, while the current process may be less abusive than mandated card check, majority rule by secret ballot (in the labor law context) is controversial and unjust in and of itself.  No worker should be stripped of his legal right to represent himself in private employment matters and be forced into a monopoly union collective by a vote of even the majority of his peers.

In a breakthrough appellate court ruling, Iron Worker Union officials can now be sued under anti-trust laws for running a union kickback scheme known as "job targeting" which has diverted $500 million in workers wages over the past 5 years.

Job targeting schemes are primary tools used to secure a Big Labor cartel over billions of taxpayer dollars used in federal contracting (as well as many private construction projects). They are used to freeze non-union contractors out of getting work, while lining the union bosses’ pockets with the wages of construction workers.

Attorney Mike Avakian, General Counsel of the Center for National Labor Policy, brought the cutting-edge suit for several New England companies, and National Right to Work Foundation attorneys submitted an amicus curiae (.pdf) brief because job targeting schemes severely undermine non-union employees’ interests. Here’s a quick preview from the Daily Labor Report, a subscribers-only service:

Five nonunion steel erector companies in New England may proceed with their claims that a job targeting fund run by the Iron Workers and other activity in conjunction with union contractors violated federal antitrust and labor laws, the U.S. Court of Appeals for the First Circuit ruled Aug. 1 (Am. Steel Erectors Inc. v. Local 7, Int’l Ass’n of Bridge, Structural, Ornamental & Reinforcing Iron Workers, 1st Cir., No. 07-1832, 8/1/08).

. . .

The Iron Workers created a job targeting program called the Market Recovery Program (MRP) to help mitigate the disadvantage for union contractors. The union targets certain construction projects and offers a subsidy to signatory contractors bidding on the project. When a signatory contractor wins a contract on a targeted project, the union and the contractor execute an agreement specifying the terms and the amount of the subsidy. The MRP is funded by money withheld by union contractors from union members’ paychecks.

In other words, job targeting schemes enable union officials to seize and funnel part of workers’ paychecks back to the union contractors, enabling such firms to undercut competitors’ bids by artificially lowering operating costs (through kickbacks of artificially high forced union dues). Meanwhile, the workers receive lower wages in effect.

The case also alleges that these funds were used to bully businesses to renege on agreements with nonunion companies by targeting them for picketing, harassment, and intimidation.

All in all, a pretty sordid tale. On appeal, the U.S. Court of Appeals for the First Circuit determined that the union was not exempt from federal anti-trust law, allowing the plaintiffs to proceed with their suit in U.S. District Court. Key quote from the decision (.pdf – emphasis mine):

Nonetheless, unions, particularly when acting in concert with non-labor groups, are not given carte blanche to engage in anticompetitive activities. As the Supreme Court has explained, "[i]t would be a surprising thing if Congress, in order to prevent a misapplication of [antitrust] legislation to labor unions, had bestowed upon such unions complete and unreviewable authority to aid business groups to frustrate its primary objective."

Shamefully, the U.S. Department of Labor has been totally AWOL on the job targeting issue even though DOL’s official position is that it violates the Davis Bacon Act. This deliberate enforcement failure has given union bosses a green light to exploit this lucrative and corrupt practice at workers’ and taxpayers’ expense.

In fact, high-level DOL officials — including Secretary Elaine Chao herself — rebuffed direct requests to get involved in this very case which has the potential to mop up billions of dollars in corruption occurring right under DOL’s nose. Even as the seminal case is now breaking the plaintiffs’ way, Bush’s DOL is still sitting on its hands. (Why do these people even bother showing up for work?)

The plaintiffs’ lawsuit is resulting in a major step forward for taxpayers and for high-quality, lower-cost non-union firms and their workers who are effectively blackballed from performing federal contracts, project labor agreements, and other constructions jobs.