Desperate Dinosaurs Show True Colors… Again!

The past two weeks the big labor Gasping Dinosaurs have once again shown their true colors, proving that they will do anything to avoid extinction. They are desperate in the their attempts to find new ways to bring in money as they continue to see dwindling membership.

First, the United Steel Workers used its patented tactics of misdirection, misinformation and intimidation to unionize Northwestern University Football players, knowing this could open the door to organize thousands of members across the country. C’mon guys, now you’re going after naïve and inexperienced college athletes! I could go on and on about this, but Jim Wilson from the Labor Relations Institute (LRI) covers the issue succinctly in the following article, Northwestern Football Players Allowed to Unionize. Despite our differences in the teams we’ve chosen to root for, I believe Jim has covered all the bases regarding the attempt by this administration and the NLRB to appease big labor heading into the 2014 Midterm Elections. My take is ‘Careful What You Wish For’!

Second, the SEIU continues to utilize its organizing tactics with support from the administration and OSHA. As reported by FOX News (see Union representatives inspecting non-union businesses) and The Daily Callers, OSHA allows Unions to Now Accompany Feds On Safety Inspections At Non-Union Businesses. This type tactic is not unexpected, as it was orchestrated against my company and chronicled in The Devil at Our Doorstep, not with OSHA approval, but incorporating similar tactics including convincing naïve and misguided reporters into misrepresenting the facts to the public as contained in What do we know about janitors who clean our offices? Again this Death by a Thousand Cuts is made possible by another directive to a federal department by the President to aid his financial buddies as reported almost a year ago in OSHA Opens New Door For Big Labor.

Finally, the Michigan Teacher Unions, besieged by loss of dues revenue due to Michigan’s new RTW law, have taken bullying to a new level. When the state eliminated the “check off” clause from public collective bargaining agreements, many teachers not interested in union representation refused to send in dues checks. The teacher unions have now resorted to using collection agencies to go after those who rightfully refuse to pay. See Michigan Teachers Unions Collecting Credit Cards and Bank Accounts Sending Collection Agencies After Dues Delinquents. Obviously, once again, it is all about big labor bosses and not the needs or desires of the membership!

These latest stories further confirm what has been repeated time and time again. It’s All About the Dues Money and political maneuvering by the administration to assuage big labor bosses to assure their financial support and ground game for the 2014 Mid-Term Elections. The administration, with the support of its Gasping Dinosaurs, is using Government By Executive Order in an attempt to permanently change the face of American politics and orchestrating The Taking of American Freedoms while imposing a socialistic regime. America, We are at War! Armageddon is at Hand! Please Wake Up and understand The Problem with Socialism is Socialism.

It’s All About the Dues Money!

I have repeatedly stressed the fact that today’s big labor bosses care little about the rank and file membership and are only interested in the dues money they can collect to line their own pockets and use for political persuasion. This has surfaced more the past several weeks and is worth highlighting as we approach the 2014 Mid-Term Elections.

First, almost a year ago, my company began negotiations with the UAW after they won a secret ballot election at a plant we clean in the south. Kudos to the UAW for honoring the secret ballot election process, after their request for a Neutrality Agreement was politely declined. Negotiations were scheduled and, after brief introductions at the first meeting, the UAW negotiators made the point they had researched my company and did not wish to engage in any animosity during the negotiations. A point to which we concurred.

Immediately following, the local president requested “good wages and benefits” for the members. Knowing the prior company had been organized by the UAW, our attorney presented a copy and asked if the wages and benefits in that agreement were acceptable. Upon receiving confirmation from them that they were, I politely made the observation that our company’s wages and benefits were comparable or better to which they agreed. When asked if they had any other demands the other negotiator requested a recognition paragraph, recognizing the UAW as the exclusive representative of the employees. We agreed to this, as they did win the election.

At that point we presented two requests. The first was that a paragraph be inserted underneath the recognition agreement explaining that the state of Tennessee had a “Right-To-Work” law and that the employees could opt out of paying union dues if they so desired. The negotiator look surprised, squirmed in his seat, and said “What else?” I explained we would not agree to a “Check Off” clause, which requires the company to deduct union dues from the employees’ paychecks and send it to the union. The eyes of the negotiator and the local’s president became as wide as saucers. The negotiator responded, “I have my marching orders that has to be in the contract.” I stated that the company would not accept such a provision as it presented potential liability, and that we were not going to be the union’s accounting firm. The negotiator closed his notebook and they both stood up and said they would schedule another meeting in the future. To date we have not met with them again. Obviously, it is all about the money. Furthermore, despite the length of time since our last meeting, the employees are happy!

A second incident involved the Operating Engineers Union Local 324 in Michigan. Evidently, the RTW law that became effective about one year ago is not setting well with them as they have announced publishing a Quarterly “Freeloaders” List  of those who opt-out of union membership, including the name and place of employment of those persons. Proof once again that big labor has no interest in the rights and welfare of American workers, but only in “union power” and the money that makes it happen — “Dues” from members’ paychecks! Interestingly, the Operating Engineers Union in Northwest Indiana filed suit to have RTW in Indiana found unconstitutional, under the theory that it forces them to represent people who do not pay dues. The case is currently pending with the Indiana Supreme Court.

The third story revolves around “forced unionization” and dues collection from home health care workers in several states across the country, notably including those in the U.S. Supreme court case Harris vs. Quinn currently being reviewed. This case stems from the SEIU attempting to force unionize Home Health Care Workers in the state of Illinois regardless of whether they are interested or not in joining the union.   Apparently, Illinois law allows the SEIU to organize family members and owners of home health care organizations based on the premise that the people providing care receive reimbursement through Medicaid or Medicare. It is apparent that the SEIU is nervous about losing the pending SCOTUS decision as they are now trying to force unionize home health care workers in California, who were merely paying union dues to the SEIU without being formal members of the union (see Are SEIU Union Bosses in a Panic after SCOTUS heard Harris v. Quinn? Looks Like it.). The SEIU obviously only cares about the money as they were absconding it from home health care workers without providing any representation or benefit in exchange.

Next, in a display of Big Whopper Economics, unions now believe the reason employees in fast food restaurants don’t get paid more is because the franchisees don’t have a decision- making voice in pricing of products which determines employee wages and benefits. Big labor’s solution is that the franchisees should rebel against the corporations like McDonalds and organize their own union to deal with corporations for decision-making capabilities. Sounds like another big labor attempt at organizing more people for the sake of money!

Finally, the United Steel Workers want to organize college football players at Northwestern University. Kain Colter, the quarterback at Northwestern University, has been hoodwinked into trying to organize college athletes, saying the NCAA is a dictatorship and the athletes have no control over compensation or safety (see College athletes take step toward forming union). He conveniently forgets that he received a free college education and other benefits worth well over $30,000/year, as well as future support by the college in finding employment. This is obviously another desperate ploy by the Gasping Dinosaurs  to increase membership roles and increase the sacred cow “membership dues” to line their own pockets and use to gain political power.

It would appear that these acts of desperation occurring all at once are mere coincidence, however, the fact that the country is fast approaching the 2014 Mid-Term Elections, with polls showing potential loss of the U.S. Senate by Democrats and Republicans maintaining the U.S. House majority, big labor bosses can foresee ultimate extinction descending rapidly. Why else would they be “The elephant in the political spending room” while accusing people like the Koch Bothers of dominating political contributions, when big labor contributes 15 times what the Koch Brothers do (see Letter: What does the left hate the Koch brothers so much)? Simply put, it is all about future dues money to line their own pockets and continue political power!

UAW Cries Foul at Moment of Reckoning

Friday, February 14, 2014 must have felt more like a “Friday the 13th” to the UAW An aggressive campaign supported by the powerful I.G. Metall German Union, Volkswagen corporate offices in Germany, and reminiscent of the SEIU’s Death by a Thousand Cuts campaign against my company and our employees, was defeated as Volkswagen Workers in Chattanooga Reject Auto Workers Union!

Facing its day of reckoning, the UAW Asks Labor Board to Weigh New Vote at Tennessee VW Plant. The UAW is crying foul, asserting that comments made by a Tennessee Republican Senator,  Caused Workers to Vote Against the UAW. Senator Bob Corker publicly stated that the UAW was in “a death spiral,” and suggested that Volkswagen would move future work to other plants instead of Chattanooga if the union prevailed. Hypocritically, the UAW made no mention of the fact that on the day of the election, its “Defender In Chief,” President Obama, blasted Corker and other local conservatives for “interfering.” The President Stated in an Address that everyone was in favor of the UAW representing Volkswagen except for local politicians who were more concerned about German shareholders than American workers.

One would think if the UAW wanted to challenge the election results, surely it must consider that President Obama’s comments would carry more weight than Senator Corker, and that both comments are Outside the Jurisdiction of the NLRA and Subsequently the NLRB’s Power. Ironically, according to sources close to the election, Senator Corker’s remarks and President Obama’s counter comments came after 1,200 of the approximate 1,300 VW employees had already voted, obviously having no effect on the outcome of the election. However, desperate people do desperate things, and there is little doubt that the UAW is Becoming Desperate. The truth is, this is just another failed attempt in The Long History of the UAW’s Failed Southern Strategy.

That fact that this was another attempt at forced unionization is clear, as the UAW would never have engaged the German union and Volkswagon Germany, or pressured Volkswagen in Chattanooga into signing a Neutrality Agreement unless they were concerned that they did not have enough employee votes to win. Unnamed sources have reported that a large percentage of the election cards from employees coerced by the UAW were actually signed by vendor employees in an attempt to over-inflate employee interest!

Furthermore, this was not the typical Neutrality Agreement often utilized by big labor in the United States, this was the UAW Neutrality Agreement. It does not demand the secret ballot election be bypassed in favor of Card Check, but actually repetitively asserts that a secret ballot election would occur under the supervision of the National Labor Relations Board (NLRB). In fact, it seemed to be over emphasized to distract employees and others from the real intent which was an Ambush Election (see NLRB Flexes Muscles). The agreement was signed around February 2, 2014 under protest from the VW Plant Manager, who intentionally scribbled his name so as to remain anonymous. It required election dates of February 12, 13, and 14, providing management and employees a mere 10 days to evaluate and prepare. This  compared to the normal 42-day period, as stipulated in the National Labor Relations Act.  Simultaneously, the UAW was provided an office in the plant, while 20 UAW organizers roamed the plant in black shirts coercing the workers to join the union with promise of much higher pay rates, similar to “Legacy Wages” offered in UAW organized facilities throughout Michigan.

Volkswagen employees, determined not to be intimidated, hired persuaders to assist them in combatting the UAW tactics. They established their own website, www.no2uaw.com, to counter the coercion and educate fellow employees. This group of employees did a tremendous job of putting videos, t-shirts and fliers together to expose typical UAW propaganda and misinformation, as chronicled in Unprecedented Union Corruption, and it was instrumental in carrying the election for the Volkswagen employees. Exploring this website and watching the videos is well worth one’s time to understand how these brave employees banded together to stave off the UAW’s “Quickie Election”.

Even more concerning, in this UAW Neutrality Agreement, there is language that appears to allow the UAW, with consent from Volkswagen, to circumvent the year cooling off period until organizing and another election can be undertaken. In discussion with people close to the situation, there is concern that this would allow the UAW to use Death by a Thousand Cuts tactics to force Volkswagen into signing a traditional Neutrality Agreement and achieve forced unionization of the employees through Card Check! It is evident that the UAW, facing its moment of reckoning, has no intention of allowing the employees’ desire to remain non-union get in its way of establishing Volkswagen as its Southern Union Foothold in the Right-to-Work State of Tennessee. The UAW Gasping Dinosaurs understand that organizing foreign automakers in the South is its only hope of survival.

NLRB Flexes Muscles

After a period of relative quiet, a recent flurry of rulemaking initiatives by the the National Labor Relations Board evidences the Obama Administration’s intent on satisfying its big labor buddies leading up to the crucial 2014 mid-term elections. The following briefs illustrate the President’s desperation to satisfy big labor demands  so that he and the Democratic party can count on their financial and ground game support this November (see Labor Unions: Stagnant Membership Shows Need for Labor Law Modernization).

Ambush Election Rules

The NLRB originally adopted this rule in 2011,  but the D.C. Circuit Court rejected the rule on procedural grounds, finding that the NLRB had improperly issued the rule because they did not have a quorum. Member Brian Hayes was active in office, but did not vote on passage of the rule).  Initially, the NLRB appealed the Circuit Court’s decision.  In December 2013, however, the Board requested that the court dismiss the appeal.   It was generally presumed by those following the NLRB that the reason for doing this was to clear the slate and “start over.” It appears that’s what is being done. On February 6, 2014, the NLRB issued a Notice of Proposed Rulemaking reissuing their proposed “Ambush Election” rules in substantially the same form as the 2011 proposal.

Among other things, the rulemaking: (i) narrows the scope of pre-election hearings (wont consider campaign irregularities, eligibility to vote, etc.), (ii) shortens the timeframe prior to election, and (iii) gives the Board discretion over whether to hear post-election disputes (whether they would be heard at all).

The underlying goal of this rule is to achieve Card Check  under the guise of an election process. In effect, big labor would indoctrinate employees through misinformation, propaganda and intimidation months ahead of petitioning for an election. Employers, under the new rule, would theoretically then have as little as 10 days to reverse the indoctrination, which based on my experience is almost impossible! This is just another step towards Card Check through Regulation vs. Legislation! Please read Obama’s NLRB deals big labor a winning hand: part 1 and National Labor Relations Board Pauses from Election Rules Amendments.

Revision of Arbitration Rules

The board is considering a proposal of radical NLRB General Counsel Richard Griffin to change the way the Board considers the decisions of arbitrators in labor matters under the NLRA. In essence, in a situation in which an employer and a union or employee had agreed to utilize an arbitrator to resolve disputes, the NLRB would be empowered to disregard the arbitrator’s decision if it disagreed with it. This would permit labor unions to have “two bites of the apple” (as used by former NLRB Board Member Ronald Meisburg, to challenge employer action.  Part of the Employee Free Choice Act (see EFCA Through the Backdoor) a.k.a. Card Check this rulemaking would basically tilt the collective bargaining negotiations process heavily in favor of big labor. In reality it is a part of the process to enact Card Check through Regulation vs. Legislation! As the President said he has a pen and a phone and he will act on his own. Obviously, he is also delegating this authority to his appointees like Richard Griffin. Please read NLRB Invites Input On Arbitration Award Deferral Standard.

Micro-Unions

Richard Griffin and his radical pro-union teammates are also intent on establishing “Micro-Unions.” Griffin recently commented that NLRB guidance on micro-unions is forth coming.  The concept of “micro-unions” is an NLRB creation, stemming from its decision in the Specialty Healthcare case. It is nothing more than a ploy to allow unions to establish a foothold in a business with a small segment of employees then turn it into full-scale unionization of all employees within the company (see NLRB General Counsel: Guidance on Micro-Unions is Coming). This particular rule shows just how desperate the administration and big labors Gasping Dinosaurs really are to rebuild dwindling membership.

Basically this all boils down to two things, money and political power. Both the President and the labor bosses need big labor to rebuild its membership so they can enjoy their lavish life styles and maintain political power. It has nothing to do with helping employees or the citizens of this great country the United States of America, the last great hope for the world! America, We are at War! Armageddon is at Hand! Please wake up!!

SEIU’s Hair on Fire?

Despite continuing actions by the SEIU to press forced unionization through their “hair on fire” approach, statistics recently released show continuing stagnant membership for labor unions (see Labor Union Membership Rate Stays Steady in 2013). For employees across the country this means the SEIU will continue the pressure through their “persuasion of power” (see Desperate SEIU Resurrects The Persuasion of Power). Over the past three decades, the SEIU and its big labor brethren have continued to see membership roles drop, and this has continued to be true in recent years as the economy continues to sour and employees become more informed and resistant to what unions have to offer. The fact that they had a year that showed no decline is hardly a breath of fresh air when big labor is continuing to deal with declining revenues, and the fact they desperately need to curry political favors to advance forced unionism, thereby increasing membership roles and corresponding dues. Make no mistake about it that membership growth and member dues are big labor’s priority, as it is all about the big labor lifestyle and political power membership dues fund!

As a result of the lack of union membership growth, the country continues to experience this Persuasion of Power from the nation’s largest and most radical union (see Communism at the Highest Levels). The SEIU’s Insidious Tentacles continue to spread across this great country into every nook and cranny as it seeks to avoid extinction and promote its socialist/communistic agenda with support from the “Puppet” in the White House. In 2012, the SEIU used its members’ union dues and foot soldiers to elect David Bowen to the Milwaukee County Board. Now they have  “assisted” him in writing a minimum wage proposal that would, according to independent accounting sources, cost the county over $27 million dollars, lose out on an estimated $34.5 million in land sales and $11 million in new tax revenue, and cost more than 8,700 new jobs (see Union-influenced minimum wage law in Wisconsin could squash thousands of jobs and Union helps write living wage ordinance that could cost taxpayers millions). Of course, this is all presented in typical SEIU misinformation fashion as providing people with a “living wage,” when the truth is the bill contains.

The proposal, however, offers contracting firms an exemption from the wage hike, but only if their workers are covered by a collective bargaining agreement between the employer and a bona fide labor union like the SEIU. Obviously this is no more than a corrupt ploy to recapture revenues that have declined significantly over the last several years. According to IRS tax documents, the Milwaukee SEIU reported revenue of $1,878,513 in 2010, $938,478 in 2011 and $780,923 in 2012. This represents a 60 percent loss in annual revenue in just two years.  Clearly, the union has reached a point of desperation. Remember, “desperate people do desperate things” regardless  of the consequences.

In Illinois, the SEIU  has been attempting to force unionize Home Health Care Workers regardless of whether they are interested in the union or not. The law allows the SEIU to organize family members and owners of home health care organizations based on the premise that the people providing care receive reimbursement through Medicaid or Medicare. As they are government-funded programs, the persons are subject to unionization based on President Kennedy’s 1963 Executive Order allowing public employees to be unionized. It is common sense that the government should not be forcing workers into unions.  A current case before the U.S. Supreme Court will  test this theory (see Supreme Court to hear case on forced unionization and Supreme Court ‘sleeper’ case on union dues has big impact on organized labor).

Finally, with numerous incidents of fraud and embezzlement coming to light, the past month hasn’t been great for the Service Employees. One would think that after SEIU Local 6434 President Tyrone Freeman was just put away for three years, the sticky fingers in the organization would keep their hands in their own pockets…at least for a while. On the contrary, just two months after Freeman’s sentencing, former Local 721 Treasurer Cedric Hughes was indicted for five counts of wire fraud and a count of embezzlement. When questioned about the missing $15,194, Hughes claimed nearly all financial records for the Local’s UUP Chase Account had gone missing. Hughes is the third SEIU official to be charged with embezzling during 2013, proving that an atmosphere of complacency toward corruption is a common thread among SEIU locals.

In other unscrupulous activity, SEIU-UHW’s Myriam Escamilla was caught conducting secret negotiations with an employer, then signing a full contract without even talking to the workers of the facility. Upon being caught, workers forced Escamilla to put the contract to a ballot that was unanimously voted down. Afterward, they decertified SEIU-UHW as their union and joined the National Union of Healthcare Workers. This makes the second time in a month that SEIU-UHW members bailed on their union and voted in the rival NUHW.

Additionally, in California, SEIU is using social media to raise funds for a mural honoring the union, and their claim to have “helped over 200,000 low wage workers, through its “Justice for Janitors” campaign achieve better social and economic standing by campaigning for better wages and healthcare. Conveniently ignoring the fact the SEIU lost, California, SEIU is using social media to raise funds for a mural honoring the union, and their claim to have “helped over 200,000 low wage workers achieve better social and economic standing by campaigning for better wages and healthcare.” Well-known artist Andre Miripolsky is the face of the project, placing a request to raise the $60,000 needed on a “support-an-artist” website service.

These new initiatives and scandals, attacks against Wal-Mart and fast food companies in its “Fight for Fifteen,” combined with the President’s SOTUS agenda, which focused on immigration reform, minimum wage, income inequality and unemployment benefits, conveniently provide the SEIU fodder for increased forced unionization of employees. This only accentuates that America is facing a new year, but the Same Old SEIU and Same Tired Attacks!

“Hair on Fire” is trademarked and held by Barbara Espinosa, and was used with permission.

Putting “Teeth” in Right-To-Work

Having been involved in the passage of Right-To-Work legislation in Indiana and Michigan, I can attest to the tireless efforts of these grassroots movements – by local businesses in Indiana and concerned United Auto Worker employees in Michigan – to achieve the goal of protecting worker freedoms. Statistical data shows that the implementation of a Right-To-Work law is positive, as such states see statistical growth in both population and jobs. Some have suggested that a Right-To-Work law’s importance is in the guarantee of the freedom of choice and the assurance of a lack of intimidation in the organizing process, but it appears this may not be accurate.

A recent article by Diana Furchtgott-Roth of The Manhattan Institute, suggests not.  Ms. Furchtgott-Roth points out that RTW states not only have the highest employment growth over the last 4-5 years, but they also have the highest growth rate for union membership! The statistics she presented were absolutely astonishing, but few people have picked up on the significance and logic behind the union growth in these states. The truly frightening  part is the number of cases recorded, since Card Check is virtually unregulated and therefore untraceable.

“Why Union Growth: According to data from the National Labor Relations Board (NLRB), in 38% of all union recognitions in 2009, the latest year for which data is available, unions bypassed secret ballot elections and instead used card checks to unionize employees. Specifically, the NLRB reports that unions won 794 single-union representation elections. During that period, the NLRB recorded 485 notices of card check union recognition.”

Unfortunately, Big Labor’s “Gasping Dinosaurs” are a resourceful lot. Their political contributions have bought them the support of President Obama and his Administration, who has, in turn, appointed a Rogue NLRB. The NLRB is currently lead by heavily pro-union favored board members, many of whom were unconstitutionally appointed by the President (see Appeals Court Nixed Obama’s Recess Appointments). The result of this support is that Big Labor bosses see RTW states as a shining new opportunity to rebuild its declining  membership. The Gasping Dinosaurs understand that with the support of the indebted President and pro-labor support from the NLRB, they can achieve membership without an election through Card Check by utilizing their insidious campaigns of “Death by a Thousand Cuts.”

Once they have infiltrated the masses, Big Labor can then use the same type tactics against the newly forced unionized employees to ensure that they don’t exercise their right not to pay dues (or in some cases, belong to the union) under RTW laws. This can be accomplished by making sure that the uneducated are not advised of these rights, or by the specific targeting of persons who choose not to pay dues.  This can be accomplished because, unions are legally allowed to broadcast a list of those individuals who choose not to pay dues (see Worker’s Allege Improper Collection of Union Dues).

This raises concern, as it is unclear how the “dues-paying” union membership will choose to use this list. Membership who view non-payers as “freeloaders,” may be inclined to use unlawful force, threats, and/or intimidation in an attempt to alter a non-member’s decision. Unfortunately, most members ultimately cave, as employees subject to such intimidation have few options.  While this type of activity is unlawful, the sole oversight of these actions belongs with the National Labor Relations Board, a partisan governmental “agency” whose devotion to labor unions is well-documented and unquestioned. The process is timely, difficult to understand, and expensive – as it generally includes the involvement of an attorney to represent ones interest. With little oversight, Big Labor can continue to grow its membership in RTW states through a combination of employee and employer intimidation, with no government regulation to hinder its actions.

Although RTW has been a Godsend for many states, employees and employers, RTW laws need more “teeth” in order to truly protect employees and employers from ruthless forced unionization tactics. The following changes would eliminate the “behind the scenes” intimidation and allow for fair representation in union elections. Additionally, these changes would impose collective bargaining restrictions that would allow members to make decisions free of coercion as to whether they wished to remain part of the bargaining unit.

1. Reinstate Secret Ballot Elections: Uphold the long standing belief in allowing people to vote their conscience through a “Secret Ballot Election” by inserting language that  requires all union representation be achieved by secret ballot conducted under the auspices of the National Labor Relations Board (NLRB). Currently Indiana State Senator Jim Banks has introduced such an Amendment to the Indiana state constitution and Virginia has already passed such a law (see New Employee Privacy and Union Voting Rights Laws in Virginia Go Into Effect July 2013).

• Eliminate Check Off Clauses: Such clauses in collective bargaining agreements require unionized employers and government entities to deduct union dues from members paychecks and forward them to the union. These clauses are utilized by Big Labor through intimidation to force employees to remain part of the bargaining unit in RTW states. Unions should be required to be their own accountants and collect dues directly from the employees without third party involvement. In essence members would then have the ability to decide, just like in the free market, if the services/products they are receiving are worth paying for directly. This is no different than a person paying when satisfied for legal, real estate, investing, or other services/ products. It only makes sense, but is often a non-starter for Big Labor in contract negotiations (see Teachers Silenced by Teachers Union).

• Eliminate Monopoly Representation and Outlaw Neutrality Agreements: In The Devil at Our Doorstep, I presented the following as the first two points in my “Ten-Point Plan to Battle Big Labor.”

a) Replace the current union monopoly representation with a secret ballot election every three years, so unions have to justify their actions to the employees. Unions must obtain written consent from every dues paying member before using money on anything other than collective bargaining activities.

b) Institute a new regulation that outlaws neutrality-type agreements, which allow card check in lieu of secret ballot elections.

• Rewrite State Extortion and Blackmail Laws: James Sherk of The Heritage Foundation accurately proposed that we should modify state extortion and blackmail laws to include unions, which are currently not implicated under labor law. This would prohibit pressure campaigns which are designed to force an employer to surrender, rather than trying to persuade the employees to unionize.

Leveling the Playing Field through these changes and passing a National Right-To-Work Law are necessary steps to improve the economy and continue to create jobs absent the threat of Big Labor intimidation! It is imperative for this great country and the freedom of its citizens that new “teeth” are introduced to support and assure the success of the recently passed Right-To-Work laws.

OSHA Opens New Door For Big Labor

Last week, OSHA joined the ranks of the National Labor Relations Board (NLRB), the Department of Labor (DOL), and the Equal Employment Opportunity Commission (EEOC) in furthering the Obama Administration’s push to implement “card check” as pay back for Big Labor’s political contributions and ground game support during the past two Presidential Elections (see past blog, Card Check through Regulation vs. Legislation).

OSHA’s latest published “Interpretation Letter,” permitting non-union employees to utilize union reps as their representatives during an OSHA inspection is absolutely frightening (see ALERT – L&E_OSHA Interpretation Letter Non-Union Employees Representative)! Just as frightening, is that this interpretation has not been widely reported by the mainstream media!

Perhaps the silence is the result of the media’s view that the provisions contained in the “interpretation letter” amount to nothing more than harmless, common sense provisions designed to assist employees who feel exposed to potential unsafe working conditions. On the surface this would seem reasonable. However, this provision has been part of OSHA regulations for years. Never before has it been interpreted to allow non-union employees to utilize a third-party union to act as their representative.

So, why now? Despite the Administration’s best attempts, Big Labor continues to lose hundreds of thousands of members as they have lost all relevance and no longer deliver a product of value.  This action by the Obama Administration through its Chief Safety Regulator opens a huge opportunity for unions to enter non-union facilities under the auspices of government approval, and to begin organizing the employees. The unions have become enabled with recent Rogue NLRB decisions allowing unionization of small groups of employees, or “micro-units” within an employers business.  These actions are nothing but blatant Administration attempts to provide Big Labor the opportunity to get its foot in the door of non-union facilities where they previously had no chance to organize the workforce!

During the SEIU’s Corporate Campaigns against my company (EMS), the SEIU actually utilized this tactic in order to defame and intimidate the company into signing a Neutrality Agreement thus eliminating the secret ballot election and imposing Card Check, as chronicled in The Devil at Our Doorstep. The SEIU was, ultimately, unsuccessful.   However, had these two decisions been in place at the time, the SEIU might very well have been successful in organizing a small unit of employees within EMS’s workforce.  The union would simply have to convince, by any means necessary, a couple of employees to join the union cause. They would then allege “safety violations” to OSHA. would then likely appear for an inspection, generally encompassing not just the complained of activities, but any potential safety concern, no matter how large or small.  This, of course, poses substantial risk, both financially and to the reputation of the targeted company.

The SEIU took these actions against EMS in Cincinnati and Indianapolis. If the SEIU would have been allowed to represent these misguided employees the outcome most likely would have been much different then related in the following excerpt from The Devil at Our Doorstep and the SEIU would have had even more access to our employees as their representative.

“When I believed the war could not become more bizarre, it did. Without warning, SEIU filed an OSHA complaint in Cincinnati against EMS. This government agency, the Occupational Safety and Health Administration, establishes and enforces protective standards designed to prevent work-related injury, illnesses, and death. 

The complaint charged that EMS employees were forced to carry human body parts out in bags at a Cincinnati university, that there were hazardous chemicals and dust in the bio lab, and that people were getting nosebleeds from the poor conditions. Then SEIU sent out handbills and letters alleging that EMS was being investigated for OSHA violations at the university. The word “investigated” had its obvious repercussions, a crafty move by the union. Predictably, when the truth was revealed, it became known that the lab in question was a regular biology lab anyone in college might use. There was no dust found and no hazardous materials of any kind. Animal parts from dissections existed, but no EMS employees touched or disposed of them. Human body parts were nonexistent, a figment of some SEIU organizer’s imagination.

The university’s own investigation confirmed these facts, and its independent report was forwarded to OSHA, who promptly dismissed the charges. Regardless, SEIU had used an inflammatory allegation to file trumped-up charges against EMS to defame our company and the university.”

By taking these actions, the union accomplished their first objective – get in the door and commence the pressure against the targeted company.  The stage is then set for the union to achieve Card Check by simply offering to have the charges withdrawn if the company would simply sign the Neutrality Agreement.  As a practical matter, this would eliminate the secret ballot election. The union would no longer have concern about whether or not they would be voted in by the employees.  Overnight the company would be unionized!

What makes the timing of the OSHA interpretation so questionable is the fact that the President’s recent recess appointees to the NLRB have been found unconstitutional and all of their decisions over the past year have been placed on hold until constitutional appointees can be made and the decisions revisited (see National Labor Relations Board or NBLR – National Big Labor Resuscitation and Tip of the Iceberg). These decisions were extremely pro-labor and designed to allow Big Labor to bypass Corporate Campaigns and achieve Card Check! Obviously, the President had to act swiftly in order to provide his Big Labor buddies with a new avenue to wage ruthless Death by a Thousand Cuts campaigns and utilize their Persuasion of Power to force unionize employees. Once again, it begs the question When Will the Main Stream Media Wake Up?

Big Labor Bosses Fear Employee Incentives

Control.  It is the most pressing priority for the leadership of Big Labor. They need to control the masses, and in order to do that they most control the terms of employment, and they must control the benefits of employment. For this reason, the Big Labor bosses oppose employee incentive raises. They create discord and jealousy,  and thus, the union’s ability to control its membership.  But such incentives also create ambition, initiative, and increased productivity.  While important to the the employer, these traits are potentially damaging to the union. Complacency, mediocrity and sameness benefit the union,  as the results are that it takes more employees to produce the end product, translating into more union members and more union dues, which is the ultimate objective.

As has been documented in previous blogs, unions have been on a steady decline since 1947 when Congress, following more than a decade of union corruption,passed the Taft-Hartley Act. Of the many important provisions of the Act, perhaps none was more so than the guarantee of the secret ballot election which,  for all intents and purposes, eliminated Card Check!  Since its peak, union membership has dropped from approximately 35-40% of the workforce to a low of 11.3% today. Per statistics gathered by the federal Bureau of Labor Statistics, included amongst this trending decrease is a drop of approximately 400,000 members in the last year alone.

It is no surprise then that the Big Labor bosses are opposed to any initiatives that would, in their minds, result in decreased membership and would eliminate traditional union “selling points.”  Characterization of ambition and incentive has often been that such persons are “being taken advantage of” or “overworked,” and that such companies are “sweat shops.” These traditional arguments, however, do not necessarily reflect the truth of the modern work environment, and the protections of our modern laws.  At one time unions served an important purpose in defending employee rights. However, Big Labor has fallen victim to the money, lifestyle and political power realized from increased union membership, and has lost their way and forgot their responsibility was to serve the membership and not vice-versa! Their greed, inability or resistance to compete in a free market society, and the advent of government agencies such as the NLRB, EEOC, and DOL unions in effect became obsolete.

Facing extinction, Big Labor’s Gasping Dinosaurs have yet to face reality and change its model to one that truly benefits productive employees and its membership in general. Instead they continue to attempt to impose their outdated and ineffective tactics of control, intimidation, coercion, and misinformation in a frantic effort to survive. Instead, they continue to wish to return to the days of Card Check where they force unionize employees then keep them under their thumbs by negotiating oppressive contracts that control employee rights instead of expanding them. They firmly believe this outdated approach is their only means of rebuilding their once vast empire!

Unfortunately for American employees, Big Labor does not realize time has passed them by; and that the United States is a republic not a socialistic country where people are controlled and herded like sheep. Hence Big Labor’s propensity to control and promote sameness at every juncture, and to prevent businesses from doing the right thing by rewarding productive employees through incentive programs, which drives American Exceptionalism  by rewarding those who are the most productive, safe, innovative, and cost-effective team players. This philosophy is illustrated by Big Labor bosses like Andy Stern (see The Drama Queen is at it Again), who were never successful in the free market, because they lacked the exact attributes they strive to suppress. They admittedly only became successful when they became part of an environment where they could use the Persuasion of Power  over employees and employers to achieve their goals. AFL-CIO President Richard Trumpka summed it up succinctly in a speech this past week when the bellicose mouthpiece of the AFL-CIO, confirmed the Big Labor survival doctrine: “forget the workers – focus on politics!” This statement tells you everything you need to know about Big Labor’s agenda and why we need Congress to pass laws to allow employers and government agencies restrained by outdated collective bargaining agreements to incentivize employees and  reverse The Decline of American Exceptionalism!

Leveling the Playing Field

Following my recent speech at The Heritage Foundation, I had the distinct honor and pleasure to meet with members from organizations dedicated to the true spirit of preservation and protection of American freedoms. In attendance were a prominent group of labor experts and other groups including The Heritage Foundation, The Manhattan Institute, The Labor Relations Institute and many others. We had an in-depth discussion about forced unionization, the effect it has on American employees and employers, and the role it plays in American economics and The Taking of American Freedoms.

The group engaged in a roundtable discussion where participants were provided an opportunity to ask questions about The Devil at Our Doorstep and my personal experiences with the SEIU. They wanted to better understand  how my company was able to rein in the intimidation tactics utilized by big labor during a Corporate Campaign, methods supported by recent NLRB decisions to force unionize employees though Card Check. As the discussion evolved, there were many suggestions on ways to eliminate the brutal campaign tactics. This included passage of a National Right-To-Work law (NRTW), embracing Racketeer Influenced Corrupt Organizations lawsuits (RICO) and, at a state level, passage of laws intended to prohibit bullying and intimidation by labor bosses. James Sherk of The Heritage Foundation proposed that we should modify state extortion and blackmail laws to include unions, which are currently not implicated under labor law. This would prohibit pressure campaigns which are designed to force an employer to surrender, rather than trying to persuade the employees to unionize.

Although I am in favor of a National Right to Work Law and some of the additional legislation proposed by the participants, I noted some possible concerns. While NRTW is a potent tool to protect employees, it does not have the teeth to hold its own against the big labor bullies. NRTW merely eliminates the “security clause” in collective bargaining agreements, effectively allowing employees to opt out of the union if they so desire. NRTW does not, however, eliminate the “check off” clause that big labor utilizes to keep employees tethered to the union. This is a clause that big labor demands in its collective bargaining agreements because it forces the unionized entity to deduct union dues from the employees’ paychecks and submit them to the union, unless the employee openly declares he or she does not want to be a part of the union. This may sound simple, but due to behind the scene intimidation tactics used by big labor bosses at the workplace, very few employees will actually opt out and request non-union status. The big labor bosses don’t want to acknowledge that Collective Bargaining is a Privilege, Not a Right, fearing that members would vote with their pocket books and against the unions if these agreements were truly negotiated to benefit the members!

The “check off” clause is imperative to unions and is found in almost all collective bargaining agreements. With this clause, unions do not have to expend the time and money for accountants to bill and collect dues from the employee. More importantly, it is a guaranteed revenue steam that is not contingent on them providing a service to its membership. Unlike a typical business operating in a free market system that has to provide an acceptable product or service in order to be paid, big labor bosses do not have to worry about such inconveniences. Instead, they use intimidation to keep the membership in line and the money from dues flowing! If big labor actually had to collect its own dues, the members would react to its poor service as customers do when a business provides poor service, they would quit buying or in this case quit paying!

“To force a man to furnish contributions of money towards the propagation of ideas which he disbelieves is both sinful and tyrannical.” – Thomas Jefferson

This fact was made quite evident in two major instances, although neither was widely reported by the mainstream media. In the first year of Governor Mitch Daniels’ (R-IN) first term he eliminated the “check off” clause for public employees by Executive Order. Within the first year, approximately 90% of public employees quit paying union dues. They obviously were not pleased with the services provided. Not long thereafter, Governor Scott Walker (R-WI), achieved essentially the same result through legislation during the first years of his first term in office. Unions in Wisconsin immediately saw approximately a 30% drop in their membership when members voted with their pocketbooks and stopped sending monthly dues to the unions. Joe Brock, a former union organizer, succinctly summed up big labors’ pathetic record and inability to keep members without intimidation and coercion when he said, “If unions could do what they really say, instead of a 6.6% membership rate in the private sector, the union halls would look like Wal-Mart on Black Friday!”

Dianna Furchtgott-Roth of The Manhattan Institute, pointed out that RTW states not only have the highest employment growth over the last 4-5 years, but they also have the highest growth rate for union membership! The statistics she presented were absolutely astonishing, but few people likely picked up on the significance and reason behind the union growth in these states. Since employees aren’t required to join unions in RTW states, more companies are relocating to these RTW states. However, this actually provides unions new and fertile ground, as witnessed with the Boeing case in South Carolina. Despite the fact that a state or country is RTW, the law does nothing to prevent big labor Corporate Campaigns to force unionize employees and employers. In fact, as discussed by Russ Brown of The Labor Relations Institute, these campaigns are being exported all over the world as big labor becomes more and more desperate to reverse its dwindling membership!

It may come as a surprise to note that most union employees that are under the pressure and intimidation from big labor bosses will choose not to opt out of the union! The intimidation from union stewards and public employees paid to conduct union business on the job prevents employees from opting out of the union. As a part of any collective bargaining agreement, these people should not be allowed access to employees on the job! As Dianna described in her talking points, these public employees or Official Time Loafers contribute nothing to government except to further union goals and intimidate current employees to remain with the union, all at a cost to the taxpayers of approximately $156 Million each year. These are the jobs we should target to reduce government spending!

The lesson to be learned is that when the free market is allowed to work and people are free from intimidation, they vote with their conscience. It is easy for big labor to intimidate and keep members when they have guaranteed means of collecting dues. However, when big labor is forced into a situation where they have to collect union dues on their own, it cannot accomplish the task! Even more important, this puts unions in a position where they must provide the service expected by the members and utilize dues for the employee’s benefit. If unions were to adopt this type of free market mentality, they would likely see their membership grow, without the use of intimidation and coercion. Unfortunately, they have no desire or understanding utilizing such an approach, hence the need to eliminate the “check off” clauses in any future RTW bills.

Obviously, this would be a highly contested issue as the President and the Democratic Party depend heavily on big labor for political contributions, political support and ground game. It is certain that the White House would block any attempt to pass a NRTW law, or any legislation that would eliminate the coveted “check off” clause. They know that big labor cannot compete without its bullying intimidation tactics, and in a true free market society, unions would become extinct. It is time to level the playing field for all Americans by passing a National Right to Work law that also prohibits dues “check off” clauses, because Right to Work Is A Basic American Freedom!