The cover story of the July/August issue of Foundation Action is now available for download here.

The story details former United States Solicitor General Paul Clement’s efforts to undermine the Foundation’s Locke v. Karass U.S. Supreme Court case. The article also shows that this isn’t the first time that the Solicitor General, who recently-resigned his position, has undercut a Foundation Supreme Court case.

You can get your own free subscription to Foundation Action here.

A few Right to Work-related updates from over the weekend:

1.) Does the AFL-CIO owe $14 million in back taxes? Perhaps an IRS audit will reveal other problems with the AFL-CIO’s overtly partisan and massive campaign expenditures. The author overstates the good that comes from oversight of union finances by the Office of Labor Management Standards, but he does point out the amusing fact that Democrats are in favor of "smaller government" in this one instance:

One of the branches of the Department of Labor that provides a real services to all Americans is the Office of Labor-Management Standards. These are the guys who make sure that labor unions are being transparent about their finances. Or they try, when the Democrats don’t cut their budget. But, for now, you get to see how unions spend their money.

If you’re interested in reading more about the Foundation’s ongoing efforts to ensure greater union financial disclosure, subscribe to the latest issue of Foundation Action. The July/August newsletter features a story on the DOL’s latest half-hearted attempt to promote financial transparency — any why a crippling "confidential information" loophole would render DOL’s whole exercise as useless.

2.) More good stuff from the Washington Examiner. John Barnes has a informative post entitled "Why public sector labor unions are a bad idea." Here’s the money quote:

This is how the cycle works: state workers are forced to join a union, even if they don’t want to — the unions collect mandatory dues from state worker paychecks — the unions use that money to support campaigns for the very elected officials with whom they bargain for contracts — not surprisingly, the unions tend to get favorable contracts that usually result in higher membership dues that in turn provide the unions with more money to fund "friendly" elected officials. Add a growing state workforce, repeat cycle, and stir. What’s the basic ingredient here? Your tax dollars.

For those of you who missed it, Freedom@Work spotlighted Washington State Governor Christine Gregoire’s incestuous relationship with union officials last week. The Seattle Times article detailing her connections to Big Labor is well-worth a read.

Wednesday’s Daily Labor Report (subscription required) featured a self-serving article likely placed by the National Labor Relations Board’s PR flacks in which the two remaining board members assert that the NLRB "might actually be functioning more efficiently" with three vacancies than with a full five-member panel. Hmmm. Perhaps Congress should take another look at the NLRB’s excessive funding levels.

We at Freedom @ Work also take issue with a false claim by the Board contained in the article:

Applying current board precedent, regardless of whether either of the two members disagrees with it and thinks it should be overturned, "hasn’t been difficult, because as usual we generally try to decide cases based on extant board law," [Chairman Peter] Schaumber said. The two members explained that they are following longstanding board policy not to make new law or set new rules without at least a three-member majority voting for the change.

Oops, Mr. Schaumber. Not so. Just a few weeks ago, the two-member Board issued a controversial ruling which changed the law and further encouraged union-stooge congressmen to engage in deception and union coercion. As a Foundation press release explained (emphasis mine):

The National Labor Relations Board (NLRB) has issued a controversial and ground-breaking ruling that gives Congressmen and other public officials the green light to stage fake “certification” ceremonies that give the misimpression of official government recognition of a union during “card check” organizing drives.

The case dismissed objections to the conduct of Congressman Robert Andrews (D-NJ) and other government officials who participated in a televised sham union “certification” ceremony and public announcement that workers had selected a union immediately prior to a NLRB certification election last summer at the Trump Plaza Hotel in Atlantic City.

The NLRB’s ruling raised the burden of proof requirements for arguing that conduct tainted a certification election. Earlier Board law did not require challengers to present incontrovertible evidence that many employees were actually aware of the objectionable conduct – only that it was likely that many were.

Either Schaumber was confused when deciding this Trump Plaza Hotel case, or he’s being disingenuous to the press.

Yesterday, the AFL-CIO officially endorsed its candidate for president. The endorsement should come as no surprise, of course, since Big Labor has always used member dues — and forced dues from nonmembers — to support its Far Left political agenda. But this year’s campaign will apparently be the largest and most expensive yet:

This year, the AFL-CIO is carrying out its largest grassroots political mobilization in history. Thousands of volunteers are helping educate millions of workers and mobilizing them to get to the polls to elect Barack Obama and a working family-friendly Congress. The AFL-CIO union movement is focusing on mobilizing more than 13 million union voters?including union members, families of members, retirees and members of the AFL-CIO community affiliate Working America?in 24 priority states, working to elect U.S. senators and representatives, as well as state and local candidates.

An Associated Press report reports how much money Big Labor is admitting it will spend on electioneering. (While large, the numbers below understate by several hundred million dollars Big Labor’s true political spending this year, according to our research.):

As expected, the leaders of the nation’s largest labor organization voted unanimously to endorse Obama, freeing the organization and its 56 unions to spend some of its $200 million war chest on his campaign.
…
Between the AFL-CIO and its chief rival, the Change to Win labor organization, the nation’s labor movement plans to spend around $300 million on the 2008 elections. Change to Win, made up of seven powerful unions that broke away from the AFL-CIO in 2005, already has endorsed Obama. The AFL-CIO represents 9 million union members; Change to Win, 6 million.

Big Labor "represents" so many workers because forced unionism laws compel workers in 28 states to join or pay dues to a union. Even in Right to Work states, many workers are unaware of their rights, and in some cases union bosses pretend Right to Work laws don’t even exist. Legally, thanks to Foundation-won Supreme Court cases Abood v. Detroit Board of Education, Chicago Teachers Union v. Hudson, and Communications Workers of America v. Beck, workers can be forced to pay dues for unwanted bargaining, but may opt out of paying dues which union bosses use on non-bargaining activities such as union politics, lobbying, and member-only events.

But as we so often see, union officials frequently trample these constitutional rights. Last week, the Foundation announced a settlement reached between an Alaska state employee and the Alaska State Employees Association union, an AFL-CIO affiliate. ASEA union officials threatened Hunsick’s dismissal for refusal pay full union dues. Hunsick did not want to support the union’s political and ideological agenda, but union bosses continually denied him the procedural safeguards guaranteed under Hudson.

When an AFL-CIO activist knocks on your door and hands you a pamphlet explaining who to vote for, keep in mind that the funding behind it all might just be seized at gunpoint (figuratively speaking, in most cases) from folks like Robert Hunsick.

Here at Freedom @ Work, we often discuss card check by citing examples of employees being harassed, misled, or lied to by union organizers.

But simple common sense also says that when (often intimidating) individuals shove a piece of paper in your face, and tell you that it is in your interest to sign, you may well do it — even if you aren’t exactly sure what you are signing.

Case in point are two videos — both done for television shows — of people signing absurd petitions. In both cases, the signature collectors don’t even lie to the people whose signatures they seek about what they are signing.

In one video, two comedians set up a table at a fair and easily collect dozens of signatures, mostly from women, to "end women’s suffrage." Meaning that without even lying, they got dozens of women to sign a petition in favor of eliminating their right to vote.

In another video, shown below, a women collects hundreds of signatures to ban "Dihydrogen Monoxide" — better known as water — at a rally of environmentalists. Like, the "end women’s suffrage" pranksters, the signature collector truthfully informs prospective signers about the chemical (water) that they want to ban:

As these videos show, just because someone signs a petition or card, doesn’t mean they really understand what they are signing. Furthermore, Foundation legal cases have shown outright lies about the meaning or effect of the cards. These realities are something that must be remembered when union bosses or their allies in Congress attempt to impose more card check coercion on workers.

The recent Chamber v. Brown decision (.pdf) highlighted one of the worst aspects of coercive union organizing. Writing for the majority, Justice Stevens emphasized the California statute’s most problematic feature: while the free flow of truthful information about the downsides of unionization was shut off by the state’s draconian regulations, union organizers received special dispensation to harass workers both at home and on the job:

Instead of forbidding the use of state funds for all employer advocacy regarding unionization, AB 1889 [the California law] permits use of state funds for select employer advocacy activities that promote unions. Specifically, the statute exempts expenses incurred in connection with, inter alia, giving unions access to the workplace, and voluntarily recognizing unions without a secret ballot election.

"Voluntarily recognizing unions without a secret ballot election" is a euphemism for coercive card-check drives. And while the Chamber v. Brown decision is a small brake on in-your-face union organizing drives underway across America, the frequency of card-check drives has increased markedly over the past several years.  Evidently, union organizers have realized that publicly badgering employees into signing away their rights to self-representation is a lot easier than acceding to federally-supervised secret ballot elections.

Under the Freedom of Information Act, Foundation staff attorneys recently acquired data from the National Labor Relations Board on the incidence of card-check petitions in the workplace.  According to this NLRB spreadsheet, union agents gained monopoly bargaining privileges using these methods in more than 250 America workplaces since November of 2007. The biggest offenders were members of SEIU President Andy Stern’s so-called "Change to Win" coalition: the SEIU and UNITE HERE racked up 26 successful card-check drives each, while the Teamsters managed to pull off an impressive 108 card-check drives.  TheNLRB was not required to record this information until the Foundation’s Dana/Metaldyne victory last September.

So why is coercive card-check organizing so uniquely damaging to employee freedom? The reason is simple: forcing workers to publicly disclose their preferences to union organizers leaves them vulnerable to intimidation, harassment, and retaliation.

Here’s an excerpt from the congressional testimony of Jen Jason, a former UNITE HERE union organizer who participated in several card-check petition drives:

From my experience, the number of cards signed appear to have little relationship to the ultimate vote count. During a private election campaign, even though a union still sends organizers out to workers’ homes on frequent canvassing in attempts to gain support, the worker has a better chance to get perspective on the questions at hand. The time allocated for the election to go forward allows the worker a chance to think through his or her own issues without undue influence—thus avoiding an immediate, impulsive decision based on little or no fact. After all, the decision to join a union is often life-changing, and workers should be afforded the time to debate, discuss and research all of the options available to them.

As an organizer working under a “card check” system versus an election system, I knew that “card check” gave me the ability to quickly agitate a set of workers into signing cards. I did not have to prove the union’s case, answer more informed questions from workers or be held accountable for the service record of my union.

When the union is allowed to implement the “card check” strategy, the decision about whether or not an individual employee would choose to join a union is reduced to a crisis decision. This situation is created by the organizer and places the worker into a high pressure sales situation. Furthermore, my experience is that in jurisdictions in which “card check” was actually legislated, organizers tended to be even more willing to harass, lie and use fear tactics to intimidate workers into signing cards. I have personally heard from workers that they signed the union card simply to get the organizer to leave their home and not harass them further. At no point during a “card check” campaign, is the opportunity created or fostered for employees to seriously consider their working lives and to think about possible solutions to any problems.

Pretty sobering stuff.  Of course, the card-check strategy was never intended to fairly gauge workers’ preferences.

After working with UNITE HERE organizers for years, Jen Jason finally got the full picture. Her experience should make the pernicious nature of card-check organizing abundantly clear:

I began my career with UNITE with a strong belief in worker’s rights and democracy in the workplace. During the course of my employment with the union, I began to understand the reality behind the rhetoric. I took in the ways that organizers were manipulating workers just to get a majority on “the cards” and the various strategies that they employed. I began to appreciate that promises made by organizers at a worker’s house had little to do with how the union actually functions as a “service” organization.

In the latest update to Right to Work’s YouTube channel, Daniel Locke, lead plaintiff in the Foundation’s Locke v. Karass Supreme Court case, discusses why he felt the need to file suit against Maine State Employees Association union officials.

Also in the video, Foundation president Mark Mix explains what is at stake in the case, and another Maine state employee, Mark Turek, discusses his decision to quit his job rather than be forced to pay union dues to a union he disagreed with.

The Locke case is a perfect example of how the National Right to Work Foundation’s legal aid program helps workers who have had their rights violated by compulsory unionism. Locke and his coworkers contacted the Foundation when they needed help standing up to union bosses.

Now, by taking the case all the way to the U.S. Supreme Court, Foundation attorneys are in a position not only to help Locke and his coworkers, but to help millions of American employees by establishing an important Supreme Court precedent advancing employee freedom.

A few Right to Work-related updates from around the web:

1.) The Toledo Blade has a great editorial up on one city official’s attempt to strong arm private contractors into blackballing non-union workers. Money quote:

Mr. Szollosi argues that because public money was spent on the property, the principles that apply to public construction should hold sway even after the property is sold to the private sector. But the only thing that would be accomplished by restricting development on the site to union workers would be to limit Mr. Dillin’s ability to negotiate the best deal he can with local trade unions, raising labor costs and potentially putting the project in jeopardy.

And if that worst-case scenario were to be realized, there would be no jobs for anyone, union or nonunion. If that’s what the grandstanding Mr. Szollosi wants, he’s the wrong person to represent Toledo’s workers in the current economic climate.

Big Labor has a sad history of discriminating against nonunion workers and contractors, while taxpayers foot the bill.

2.) The Seattle Times posted a surprisingly thorough investigation into Washington Governor Christine Gregoire’s extensive financial connections to union PACs. Excerpting the piece really doesn’t do it justice, but here’s a quick preview. The SEIU donated $418,000 (!) to Gregoire’s 2004 campaign, and by all accounts their investment paid off handsomely:

Another big donor, the SEIU, had some major setbacks in the Legislature this year, but the union has benefited from the Democrats’ efforts to increase human-services spending.

Gregoire and the Legislature raised reimbursement rates for nursing homes, money that helped SEIU win new contracts with 20 homes and add 2,000 new members. And they passed legislation that enabled the union to organize more than 10,000 child-care providers.

3.) The Communist Party of America has apparently decided to throw its considerable political heft behind the erroneously-titled "Employee Free Choice Act." From a recent op-ed by the Chair of Communist Party USA’s Political Action Commission:

As AFL-CIO Executive Vice President Arlene Holt Baker told the Coalition of Black Trade Unionists convention, “This election cannot be only about John McCain’s failings. It must be about working people’s vision — our vision of a new direction for our country. A vision that includes . . . the passage of the Employee Free Choice Act … [W]e are going to spark a movement of those who are ready to make their voices heard in shaping the new America we must build together — and we are going collect our debt this November.”

The Communist Party USA’s emergency program to repair, renew and rebuild America is a contribution toward this effort.

As Patrick Semmens pointed out recently, Denver Post columnist Al Lewis got quite an earful for suggesting that workers are rarely dissatisfied with compulsory union representation. But at least Al has the grace to admit he was wrong. In a recent post, he acknowledged that "unions make workers pay."

His colleague Bob Ewegen, on the other hand, is an unrepentant forced unionism propagandist. In a recent column, he trots out the same tired talking points in defense of non-Right to Work states’ supposed economic vitality:

If you’re lucky enough to find a job at all, the only right the Coors plan gives you is the right to work for less. Quite a bit less, actually. The U.S. Bureau of Labor Statistics reports that an average worker in the 22 states with right-to-work laws earns about $7,131 a year less than workers in free bargaining states ($30,656 versus $37,787). Nationwide, union members earn $9,308 a year more than non-union workers, $41,652 versus $32,344.

A little fact-checking is in order. As noted in this recent post, economically-dynamic Right to Work states enjoy lower taxes, lower housing costs, cheaper goods, and better services. In fact, if you adjust workers’ salaries for relative costs of living, employees clearly make more money in Right to Work areas.

Ewegen further suggests that Right to Work states are struggling economically — rather than serving as powerhouses of job and standard of living growth.

Quoting out of context statistics is a neat — albeit intellectually dishonest — rhetorical trick. Most Right to Work states are concentrated in the South, a region that has historically endured lower rates of economic growth than the rest of the country. Now, however, these states boast higher rates of growth than their non-Right to Work counterparts. What’s changed? As this analysis demonstrates, states that embrace Right to Work principles enjoy substantially better economic performance.

And these trends show no signs of letting up. According to one blogger, the past several years have seen Right to Work states continue to register better economic performance than their non-Right to Work neighbors.

In case you missed it, the Supreme Court just struck down (pdf) a biased California statute that prevented companies who received state grants from sharing accurate information about unions with their employees. Foundation attorneys filed an amicus curiae brief in support of overturning the Ninth Circuit’s flawed reasoning.

The Foundation’s press release is now available online. Money quote:

Had the Ninth Circuit’s ruling not been overturned, employees of companies accepting funds from the state would be denied truthful information regarding the downsides of unionization. Employers could have ultimately been blackballed from government contracts unless they cleared the path for union organizers to recruit new forced dues-paying union members.

The Foundation’s amicus brief is also availble online (pdf). Union lawyers argued the California law was intended to ensure "neutrality" in the workplace, but the argument rang hollow, as Foundation attorneys pointed out (emphasis mine):

Assembly Bill No. 1889, Cal. Gov’t Code §§ 16645.2 and 16645.7 (“AB 1889”), is the law at issue. It is a state labor regulation that has only one purpose and effect: to halt the free flow of non-coercive information from employers to their employees, so that unions may take advantage of the enforced silence and corral uninformed employees into unionization. AB 1889’s “gag rule” directly conflicts with the core of federal labor policy, which encourages the free flow of non-coercive information precisely so that employees can make an intelligent and fully informed decision to choose or reject unionization. Employees are the real victims of this misguided state effort to undo federal labor policy.

The Foundation’s amicus brief goes on to explain why state-enforced "neutrality" agreements are heavily biased in favor of union organizers (emphasis mine):

AB 1889 [the California law] enables unions to demand and receive so-called “neutrality and card check” agreements, under which employees’ right to choose or reject unionization in a free and uncoerced manner is hampered. For example, most “neutrality and card check” agreements place a gag on employer speech, so that employees are unable to learn from their employer anything that may be unfavorable to the union. Moreover, such agreements typically provide unions with employees’ home addresses and other confidential information, so that union agents can make home visits and other potentially unwanted solicitations as a means to cajole or coerce employees to sign cards. Additionally, unions are often given physical access to the workplace to further pressure employees to sign the cards. Perhaps most egregious, most neutrality agreements waive NLRB-supervised secret-ballot elections and substitute the “card check” process, in which a signed authorization card counts as a “vote” for the union. Thus, the union acts to prevent employees from voting their consciences in a traditional secret-ballot election, even though experience shows that the process of soliciting union authorization cards often relies upon coercion and misrepresentations.

The San Francisco Chronicle has a concise write-up here. This passage highlights the court’s key findings:

The court rejected arguments by California and labor unions that the state is entitled to restrict the use of its own funds in the workplace. Stevens said California was trying to regulate employer speech by requiring extensive record keeping, to ensure that no state funds were spent against unions, and by requiring businesses to pay the legal fees of unions and other private parties who successfully sued them for violations.

Unfortunately, this setback means that Big Labor is now more intent than ever on passing coercive "card-check" legislation. The Chronicle’s article continues:

From a union perspective, he said, the case also highlights the importance of labor-backed legislation – passed by the House, but stalled in the Senate – that would require an employer to recognize a union if a majority of employees signed affiliation cards.

While the Foundation’s strategic litigation strategy continues to pay dividends, Big Labor’s political clout and election year campaign plans could put our forces on the defensive more than ever come November.