25 Feb 2009

Take Action Now: Obama Administration Moves to Roll Back Union Disclosure Rules

Posted in Blog

In 1959, well-meaning advocates of employee freedom secured passage of the Labor-Management Reporting Disclosure Act (LMRDA), a bill that promised disclosure of union finances with the (mostly unrealized) promise of weeding out corrupt union racketeers.

In 2009, President Barack Obama pledged his Administration would be on the side of disclosure — but that has been revealed as a false promise.

The Obama Administration has moved to eliminate some modest union disclosure regulations that would allow American workers forced to pay union dues some basic information about the self-awarded “benefits” union bosses enjoy.

Of course, so long as forced unionism privileges remain intact, no amount of disclosure will meaningfully increase union accountability, but perhaps employees will gain a greater awareness of how their forced dues are spent.

Please watch the video below and then go to the Department of Labor’s website to comment on these detrimental regulatory changes. All comments related to this issue must be made by March 5.



You can view the Foundation’s request for extension link or make your own comment regarding the effective date change. (Just click on the yellow comment icon in either of the above links to add your own comments about this cover-up of union boss corruption.)

Note: You should have Docket: LMSO-2008-0002 listed at the top of your comment. Please let them know how you feel about this power grab. Feel free to e-mail us a copy of your comment.

You may also visit Regulations.gov and enter LMSO-2008-0002 to comment, search comments, or read your own comment after it’s been published.

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The Foundation must rely on the voluntary support of individual Americans who believe in our cause and wish to advance our strategic litigation program. To make a fully tax-deductible donation in whatever amount, please click here.

24 Feb 2009

U.S. Supreme Court Agrees With Right to Work Foundation: Unions Have No Right to Payroll Deduction

Posted in News Releases

News Release

U.S. Supreme Court Agrees With Right to Work Foundation: Unions Have No Right to Payroll Deduction

More effective alternative would have been stopping government payroll deduction for all union dues

Washington, DC (February 24, 2009) — The U.S. Supreme Court today ruled 6-3 in Ysursa v. Pocatello Education Association that states may prohibit union officials from using payroll deduction to divert government workers’ money into union coffers.

In overturning a Ninth Circuit appeals court decision and upholding an Idaho law banning payroll deduction for union political dues from state and local government employees, the majority opinion, written by Chief Justice John Roberts, agreed with arguments made by National Right to Work Foundation attorneys. The lower court had blocked the state from requiring local government bodies to comply with the state law.

National Right to Work Legal Defense Foundation attorneys – joining with the Sutherland Institute, Utah Taxpayers Association, and the National Federation of Independent Business – successfully argued in their amicus brief (pdf) that unions, in fact, have no constitutional right to use government resources to deduct dues from workers’ paychecks.

“The Supreme Court’s decision makes clear what should be obvious, that union officials have no constitutional right to use government resources to line their pockets,” said Stefan Gleason, vice president of the National Right to Work Foundation. "It is bad public policy for government bodies essentially to act as bagmen for union political monies.”

(Continue reading this news release…)

24 Feb 2009

U.S. Supreme Court Agrees With Right to Work Foundation: Unions Have No Right to Payroll Deduction

Posted in News Releases

Washington, DC (February 24, 2009) – The U.S. Supreme Court today ruled 6-3 in Ysursa v. Pocatello Education Association that states may prohibit union officials from using payroll deduction to divert government workers’ money into union coffers.

In overturning a Ninth Circuit appeals court decision and upholding an Idaho law banning payroll deduction for union political dues from state and local government employees, the majority opinion, written by Chief Justice John Roberts, agreed with arguments made by National Right to Work Foundation attorneys. The lower court had blocked the state from requiring local government bodies to comply with the state law.

National Right to Work Legal Defense Foundation attorneys – joining with the Sutherland Institute, Utah Taxpayers Association, and the National Federation of Independent Business – successfully argued in their amicus brief (pdf) that unions, in fact, have no constitutional right to use government resources to deduct dues from workers’ paychecks.

“The Supreme Court’s decision makes clear what should be obvious, that union officials have no constitutional right to use government resources to line their pockets,” said Stefan Gleason, vice president of the National Right to Work Foundation. "It is bad public policy for government bodies essentially to act as bagmen for union political monies.”

“But there was a much more effective way to address this problem. The Idaho legislature should simply have banned all union payroll deductions, not just those for narrowly defined political activities,” continued Gleason. “Unfortunately, the definition of politics covered by such laws is so narrow that union bosses are essentially able to continue business as usual.”

The majority opinion also relied on the unanimous Foundation-won U.S. Supreme Court Davenport v. WEA victory. In Davenport, Foundation attorneys represented a group of nonunion Washington State teachers.

The three dissenting Justices in Ysursa were troubled by the appearance that the Idaho law targeted only union political speech rather than having a broader objective. Legal experts agree that laws which ban payroll deduction across the board – rather than just monies for certain political speech – would therefore be less vulnerable to legal attack and would better serve the public policy purposes underpinning such laws.

19 Feb 2009

The Coercive Nature of American Labor Law

Posted in Blog

The Future of Freedom Foundation’s "Freedom Daily" published an article titled "The Authoritarianism of American Labor Law" by George C. Leef, author of Free Choice for Workers: A History of the Right to Work Movement.

In it, Leef points out federal labor law, including the National Labor Relations Act (NLRA), heavily favors union officials at the expense of workplace freedom and the individual rights of employees. Leef continues by pointing out the dangers to liberty the "Card Check" Forced Organizing schemes pose to workers’ rights:

The secret-ballot elections under the NLRA at least have the virtue of shielding individual workers from reprisals for going “the wrong way.” Union officials have found what they regard as a better method of determining whether a majority want their services. It’s called the “card check” system. If a majority of workers sign a card saying that they want a union to represent them, then that should suffice for the NLRB to declare the union to be the exclusive bargaining representative, without resort to an election. Naturally, it’s easier for union organizers to get signatures on cards — using tactics that can include misrepresentation and harassment — than to get workers to vote for them in an election after the airing of arguments for and against the union.

Under the NLRA, however, employers have the right to insist on a secret-ballot election no matter how many cards might be signed. The Employee Free Choice Act would take that away and require the NLRB to certify unions simply on the basis of signed cards.

Furthermore, the [so-called Employee Free Choice Act] EFCA would ratchet up the coercion regarding contract negotiations. The current law is bad enough in compelling “good faith” bargaining, but the proposed new law would allow government officials to arbitrate the terms of the initial union contract. That is to say, if management and the union can’t arrive at a mutually agreeable labor contract, the federal government will impose one. That additional dollop of federal coercion is said by supporters to be necessary to effectuate the workers’ “right to bargain.” In a free society, though, there is no “right to bargain” with people who don’t want to bargain with you, and a fortiori there is no right to have the government dictate the terms of that “bargaining.”

Union officials were licking their chops at the prospect of using the EFCA to dragoon thousands of new workers into their ranks, but the bill has died in Congress. It will be resurrected in the future and we will again hear supporters making claims of why we need its new coercive features. We will also hear opponents arguing that we should stick with the good old status quo. What I think we really need is a discussion about the proper approach to labor law in a free society.

To read the rest of the article and Leef’s proposal for ending the compulsion currently entrenched in American labor law, click here.

19 Feb 2009

Let Them Eat Cake: Maryland Government Union Boss Wants More Workers’ Forced Dues

Posted in Blog

Perhaps due to their plethora of special privileges under the law, union bosses frequently act and speak as if they were the actual government. Take AFSCME Maryland union boss Patrick Moran, who insultingly blustered to the Baltimore Sun,

This is about democracy, bottom line. If you don’t like democracy, then I guess you don’t like the country we live in.

You see, Moran’s government union — with the support of union-label politicians like Governor Martin O’Malley — wants the power to force nonmembers to pay for "services" they didn’t ask for and don’t want.

"At some point we can’t be a charity," said Sue Esty, assistant director for AFSCME Maryland.

Union bosses want the special privilege effectively to tax independent employees as a condition of employment.

Of course, union chiefs refuse to accept the easiest, most fair solution. Rather than lobbying for a new law forcing nonmember employees to pay so-called "fees" to an unwanted union, union bosses could work to repeal any sections of the law which supposedly require them to "represent" nonmembers.

The reason union officials will never accept this solution is simple: they just want the money.

The fees could more than double the union’s annual income. Currently, the union collects about $3.8 million in dues from about 10,000 members a year.

19 Feb 2009

UPS Freight Worker Files Charges against Abusive Teamsters Organizing Drive

Posted in News Releases

Mechanicsburg, PA (February 19, 2009) – National Right to Work Foundation attorneys have filed unfair labor practice charges against Teamsters Local 776 for initiating a coercive organizing drive to unionize a local UPS Freight facility.

The charges allege that Teamsters organizers never actually acquired majority support from workplace employees before receiving monopoly bargaining privileges from UPS Freight. The charges follow a decision by the National Labor Relations Board (NLRB) denying workers a secret ballot election to determine whether Teamsters officials would represent UPS Freight employees.

In April of 2008, the Association of Parcel Workers of America (APWA) union attempted to unionize the Mechanicsburg UPS Freight facility. Union organizers collected enough signed “authorization cards” from workers to trigger a government-supervised secret ballot election to determine whether a majority wished to be represented by the APWA. In the ensuing election, a majority of workers voted against the APWA.

After workers rejected the APWA union, Teamsters officials attempted to unionize the facility through a “card check” organizing drive. Teamsters operatives presented UPS Freight with what they claimed were signed authorization cards from a majority of workers, demanding the company recognize the union as monopoly bargaining agent. Disaffected workers immediately sought a union decertification election, but NLRB officials ruled that only one election could take place per year.

Under the Foundation-won NLRB Dana/Metaldyne decision, employees have the right to demand a secret ballot election immediately following unionization via card check organizing. The decision was intended to counteract the employee intimidation and harassment at the hands of aggressive union operatives that frequently occurs during card check campaigns.

However, the National Labor Relations Act (NLRA) provides that only one secret ballot election can take place in any given bargaining unit during a twelve-month period. Workers at the Mechanicsburg UPS Freight facility were therefore denied the opportunity to vote in a secret ballot election to determine unionization.

Despite this setback, one worker is challenging the validity of the Teamsters’ authorization cards with free legal assistance from the National Right to Work Foundation. The Foundation’s charges allege that many of the cards collected by Teamsters organizers are invalid, and that the Teamsters should not have monopoly bargaining privileges until they conclusively prove that a majority of workers support unionization.

“Workers shouldn’t have to battle for years just preserve their independence,” said Stefan Gleason, vice president of the National Right to Work Foundation. “Card check organizing is inherently abusive, and we aim to prove that Teamsters bosses acquired monopoly bargaining privileges through fraudulent means.”

18 Feb 2009

How to Make the Economy Worse In One Easy Step: Give Union Bosses Even More Coercive Power

Posted in Blog

With so much focus on the economic crisis, it’s worth revisiting a Wall Street Journal article penned recently by National Right to Work Committee and Foundation President Mark Mix. The article explains how a massive expansion in forced unionism power played a key role in making the Great Depression longer and deeper:

By the mid-1930s, the U.S. economy appeared to be climbing out of the Great Depression. The Dow Jones Industrial Average (DJIA), which had bottomed out at 41 in 1932, was advancing. It increased 73% from the beginning of 1935 through the end of 1936, when it hit 180. The number of unemployed, 13 million in 1933, dropped to 9.5 million in 1935 and 7.6 million in 1936.

Then, in 1937, the DJIA plunged 33% in what is often called "a depression within a depression." Joblessness skyrocketed.

A principal factor in the meltdown that year was the U.S. Supreme Court’s surprise 5-4 decision in early April to uphold the constitutionality of the Wagner Act, which had passed two years earlier. This measure, which is still the basis of our labor relations regime, authorized union officials to seek and obtain the power to act as the "exclusive" (that is, the monopoly) bargaining agent over all the front-line employees, including union nonmembers as well as members, in a unionized workplace.

As Amity Shlaes observed in her recent history of the Great Depression, "The Forgotten Man," within a few months after the Wagner Act was upheld, industrial production began to plummet and "the jobs started to disappear, with unemployment moving back to 1931 levels," even as the number of workers under union control was "growing astoundingly."

Given the reality of unions in the workplace, the law meant that efficiency and profitability were compromised, by forcing employers to equally reward their most productive and least productive employees. Therefore subsequent wage increases for some workers led to widespread job losses.

Pre-Depression-era growth and prosperity did not return to the private sector until the early 1950s, when the spread of state right-to-work laws prohibiting forced union membership and dues greatly reduced the detrimental effects of the Wagner Act.

The U.S. has just experienced another stock market crash, and Barack Obama, the candidate now favored to be the next president, is in favor of what amounts to a new Wagner Act.

If the mislabeled "Employee Free Choice Act," becomes law, it will likely have a similar effect on the economy as the original Wagner Act, transforming what could have been a recovery into a lengthy, deep recession, or worse.

(Read the entire article)

12 Feb 2009

Snakepit of Corruption: SEIU Union Bosses’ Scandals Pile Up

Posted in Blog

Last year, Freedom@Work reported on the allegations of corruption against Tyrone Freeman, former boss of the largest Service Employees International Union (SEIU) affiliate in California. Freeman spent nearly three-quarters of a million dollars of rank-and-file workers’ forced union dues on his wife’s and mother’s companies and on a luxurious fat-cat lifestyle. The Los Angeles Times later reported Freeman’s SEIU affiliate "charity" failed to spend a single cent on its charitable mission in two of the four years it has been in existence.

Today, the Los Angeles Times reports another SEIU union official corruption scandal, this time executive vice president of the SEIU’s Illinois-Indiana health care affiliate and national SEIU union board member Byron Hobbs.

Hobbs is accused of billing the union for $9,000 for personal expenses. The LA Times continues its report by putting the latest scandal in context:

…[former Freeman Chief-of-Staff] Rickman Jackson, was removed as head of the SEIU’s largest Michigan local, because he allegedly received improper lease payments for his Bell Gardens house.

Annelle Grajeda, president of both a second L.A. local and the SEIU’s state council, has been on leave since August, when the union began investigating whether she had improperly used her influence to keep her ex-boyfriend on the county payroll…

Last month, the union imposed a trusteeship on an Oakland-based local and fired its officers, accusing them of misusing dues money to wage a political battle against SEIU President Andy Stern.

And of course, who can forget that it was a SEIU union boss who was engaged in pay-to-play talks with former [and corrupt] Illinois Governor Rod Blagojevich — to allegedly buy Obama’s then-vacant U.S. Senate seat.

Unfortunately, the people most hurt by union boss corruption are the rank-and-file workers, especially in forced unionism states. Right to work laws allow workers to hold union officials more accountable because workers can cut off union dues if they don’t like union officials’ so-called “representation,” politics, corruption, or fat-cat lifestyles.

12 Feb 2009

Podcast: Solis DOL Nomination Bogged Down in Scandals

Posted in Blog

As the vote on Solis’s nomination approaches, Foundation Legal Information Director Patrick Semmens sits down with Stan Greer of the National Right to Work Committee to discuss the scandals surrounding her appointment and the direction of an Obama-helmed Department of Labor.

[Note: Some Firefox users have reported audio distortion when
using the player embedded above. To ensure the podcast plays correctly, click here.]

Previous Foundation coverage of Solis can be found here, here, here and here.

11 Feb 2009

Obama’s Union Buddies Have Their Own Private Jets to Fly to Las Vegas (and Ireland)

Posted in Blog

In all the recent "stimulus" hoopla, President Barack Obama and Las Vegas mayor Oscar Goodman have found themselves in something of a war of words:

Sin City’s mayor wants President Barack Obama to apologize for saying companies shouldn’t visit Las Vegas on the taxpayer’s dime.

Oscar Goodman spoke after a regular scheduled meeting with tourism officials where he expressed concern that federal lawmakers might be discouraging travel to the city…

"You can’t get corporate jets, you can’t go take a trip to Las Vegas or go down to the Super Bowl on the taxpayer’s dime," Obama said.

President Obama has already begun paying back Big Labor’s big money boys for spending record sums to put him in the White House. As we reported yesterday on Freedom@Work, part of this payback is the Obama Administration’s quiet attempt to delay and ultimately cancel a new rule requiring union bosses to report more specific information about how they are spending their forced dues revenue.

Members and nonmembers forced to pay dues as a condition of employment deserve the right to know where their money is going — for instance, this private LearJet, shown below taking off in Las Vegas. Machinists union bosses spent $1.8 million (from forced dues) for hangars, jet fuel, jet maintenance, mechanics, pilots, and associated loan repayments in 2006 alone.

 

In November, Machinists union bosses flew the jet from Canada to Ireland on workers’ dime. But the Obama Administration is moving right now to keep the ordinary unionized worker from knowing how much this and other flights by union bosses cost the employees on a per-union-official basis.

Obama claims he wants transparency and accountability — but apparently he makes an exception for union bosses.