Tag Archives: Corporate Campaigns

Big Labor Racket Being Exposed

The continued reliance by big labor’s Gasping Dinosaurs on political paybacks (see Obama and the SEIU, Sittin’ in a Tree) and intimidation campaigns to force unionize employees (see Death by a Thousand Cuts and Corporate Campaigns) in an attempt to stave off extinction through increased “membership” is instead creating unintended consequences. Despite the Administration’s attempt to push their radical agenda through their enforcement agencies (most notably the pro-labor National Labor Relations Board, Department of Labor and Occupational Safety and Health Administration), as well as progressive politicians in states across the country, a groundswell of opposition across the country is building as Americans are waking up to the inevitable economic and social destruction big labor is foisting upon America.

It is apparent, as chronicled in Rank and File Union Membership Post Victories, that union members across the country are fed up with the use of their membership dues for political purposes, and with the intimidation tactics utilized by big labor bosses. Right-To-Work legislation is continuously being embraced across the country. The Addition of Two Right-To-Work states, combined with ongoing efforts to pass right to work in Oregon, Missouri and Other States, is sending a Powerful Message about how employees feel about big labor bosses.

Additionally, employees are becoming increasingly motivated to Push Back Against Big Labor’s Agenda. Recently, employees in California fought back against the SEIU, arguably the largest and most radical union in the country (see www.occupyseiu.com). This is indicative of the fact that a strong movement is underway to restore American freedoms, the economy and the American free market system.

Thankfully, it is not just union employees who are waking up, but also politicians and business people who previously embraced or succumbed to the intimidation/coercion inherent in the big labor agenda. Many cities, states and businesses facing bankruptcy and/or loss of control of their entities to the labor agenda are waking up to the fact it is time to take back America. One such group “The California Foundation for Fiscal Responsibility,” a 501.3.C comprised of both business people and politicians, is filming a documentary utilizing sources from across the country to expose the facts behind the nation’s public pension crisis and to also share my story.

I am humbled that I was asked to participate in this documentary to expose big labor as a result of my company’s four-year plus battle against the SEIU as chronicled in The Devil at Our Doorstep.

Dave Bego Interview

Dave Bego Interview

I sincerely hope you will support this group in its effort to Restore America’s Prosperity! If you are interested in screening a sizzle of the clip or becoming a supporter please contact executive producer Marcia Fritz at marciafritzco@gmail.com.

Time is of the essence, as the group wants to release portions of this documentary before the 2014 Mid-Term Elections as Administration and Big Labor Desperation Escalates. I can tell you this is a diverse group of politicians and business people from both sides of the aisle who have awakened and are committed to restoring the personal freedoms, free markets and financial future of this great nation. I hope you decide to take part in this revolutionary movement!

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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!

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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!

UAW

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”.

UAW 2

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.

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SEIU Exposed in Ft. Lauderdale with Help from “The Devil at Our Doorstep”

This past week, Florida Watchdog reporter Marianela Toledo wrote a superb article exposing the propaganda and tactics utilized by the SEIU in conducting a campaign to organize workers at the Ft. Lauderdale International Airport (see SEIU moves to organize Fort Lauderdale airport workers). I previously became acquainted with Marianela when I took interest in a prior article of hers, Labor unions have some wild ideas about ‘work’.  I sent Marianela an e-mail praising her fortitude and the quality of her work.  Thereafter, she sent me an email requesting a discussion of my personal experiences. We spoke on the telephone and I explained to her my thoughts on the SEIU’s true motives, and the strategies they used in their organizing tactics to accomplish these motives.

I also sent Marianela a copy of my book, The Devil at Our Doorstep, in hopes that it would provide insight into the SEIU’s efforts and to provide context as to that which she and the residents of Broward County were witnessing. Marianela performed her own investigation into the SEIU’s actions with respect to workers at the Fort Lauderdale Airport based on what she was able to learn about the SEIU. Her investigation exposed the SEIU tactics, and misrepresentation made by its local SEIU business manager. The investigation found that the SEIU had coerced some of the employees into filing claims with the Department of Transportation and the Occupational Safety and Health Administration, including claims that employees were made to clean up urine, blood and vomit without proper safety equipment such as gloves or masks and employees were not adequately trained to properly clean potentially hazardous waste.

While Marianela did not receive a response from OSHA or the DOL, the Department of Transportation released a statement that “the [SEIU’s] allegations regarding the insufficiency of training by Complainants are not supported by the evidence, see the DOT’s Response. Further, the DOT found, “The Complaint is misleading and meritless. The Enforcement Office has, therefore, determined that any further investigation into the Complainants’ allegations is unjustified and unnecessary.” Despite the DOT’s findings, the SEIU’s spokesman, Allen, in typical SEIU fashion, said in response to the DOT’s letter that, “We didn’t do anything malicious or misleading with the information that we got.”

To Mr. Allen, I say “Balderdash!”  The SEIU actions were straight out of their playbook.  They did what they always do, and then misrepresent themselves afterward! The scenario played out above is similar to tactics used against my company – as chronicled in The Devil at Our Doorstep – when the SEIU filed a complaint in Cincinnati, Ohio that our employees at a local college were forced to dispose of human body parts in bags every night, despite the fact it was not a medical school and cadavers were not present! OSHA dismissed the SEIU’s complaint in that matter, as well.

Marianela concluded her article with excerpts from our interview combined with stories from my book, which was highlighted in the article. Additionally, she tied the SEIU tactics described in my book to the U.S. Supreme Court case involving Martin Mulhall., Mr. Mulhall, an employee of  Mardi Gras, became so incensed at the Unite Here union’s bullying tactics, that he filed a suit against the union that made it to the U.S. Supreme Court and was supported in an amicus brief by my first book The Devil at My Doorstep, as chronicled in “The Devil at My Doorstep” Introduced to the Supreme Court.

Interestingly enough, no one has mentioned whether the SEIU is demanding these contractors sign a Neutrality Agreement, which eliminates the secret ballot election process and reverts to Card Check. However, one has to surmise that the Death by a Thousand Cuts tactics revealed by Marianela and rejected by the DOT are intended to force the contractors to do just as the SEIU tried to do to my company.

Marianela wrote a great article and we need more journalists like her to throw out their political bent, stand up for American freedoms and expose the true bullies in America. Marianela was very kind and supportive in her review of my book The Devil at Our Doorstep. In fact her comments in a follow-up e-mail were: “Once again, thank you for your time, and the book. I enjoyed reading it, and appreciate your words in the dedication.”

Honestly, I had to go back and reread the dedication, and when I did it brought tears to my eyes. Yes, I am somewhat prejudice because it is my book, but it speaks to what is happening in America today under this Administration, supported by the big labor Gasping Dinosaurs. It is truly time for all Americans to find intestinal fortitude and stand up and punch the bullies in the nose to Restore America’s Prosperity before all is lost!

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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!!

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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).

SEIU EMail

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.

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Reprised – U.S. Supreme Court: An Opportunity to Protect Fundamental Freedoms

The U.S. Supreme Court failed the American people by dismissing a recent case involving the Neutrality Agreement, but has an opportunity to redeem itself and reign in Obama’s lawlessness by agreeing with the U.S. District Court that Obama’s recess appointees to the NLRB were unconstitutional!  The case was heard yesterday (see SCOTUS begins hearing on recess appointments), and initial impressions are that the U.S. Supreme Court will uphold the District Court’s decision (see Supreme Court Likely to Rein In President’s Recess Appointments Power. This would be a terrible blow to President Obama’s agenda of paybacks and favors to his big labor buddies!

Please read the details on both cases in the previous blog, listed below.

The U. S. Supreme Court has agreed to hear two cases in the next year which will determine whether persons will be protected in their exercise of the fundamental right to either choose whether to engage in union representation or to abstain from such representation, and to make such decision absent intimidation from either the union or their employer via the secret ballot election — the same process we use to elect our local, state and federal government officials. Interestingly, both cases stem from the President’s attempt to provide political payback to his allies in Big Labor through the Rogue NLRB.

In the first case, the U.S. Supreme Court will decide if the President acted unconstitutionally when he made several recess appointments to the agency charged with oversight of labor-management disputes, the National Labor Relations Board. The lower courts,  U.S. District Court of Appeals for the District of , and the U.S. Third Court of Appeals both found the appointments unconstitutional (see Supreme Court to Consider Obama Recess Appointments and Appeals Court Nixed Obama’s Recess Appointments). This case not only has important implications concerning the further shredding of our constitution  by the Obama Administration, but also Obama’s lawlessness in bypassing other branches of our government, and ignoring the tenant of the separation of powers of the branches of government, to further his own socialistic goals by appointing his own radical people without review and agreement by the legislative branch. In the case of the NLRB, his appointees’ seek to reach the Administration’s objective of achieving Card Check through Regulation vs. Legislation! Simply put, the goal is to eliminate employees rights to a secret ballot election and replace it with Card Check as the means for employees to determine if they wish union representation. If you listened to the Administration’s and Big Labor’s rhetoric, what could be more simple and fair? Unfortunately, it is a process of coercion and intimidation as chronicled in The Devil at Our Doorstep. A process aptly named Death by a Thousand Cuts, which forces employers and employees to capitulate and be subjected to the terms of the so called Neutrality Agreement through ruthless Corporate Campaigns! An agreement that is hardly neutral and subjects both the employees and the employer to Big Labor’s Persuasion of Power!

obama-recess-appointments

The first case, however, is just the Tip of the Iceberg. The other involves a question of the validity of Big Labor’s sacred cow, the aforementioned Neutrality Agreement (see BNA – Supreme Court Agrees to Review LMRA Case Invovling Section 302, Neutrality Agreement). To appreciate this case and its relevance, one must understand why this agreement is so important to the Big Labor Gasping Dinosaurs. As 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 prior to passage of the Taft-Hartley Act, union membership has dropped from approximately 35-40% of the workforce to a low of 11.3% today. Statistics gathered by the federal Bureau of Labor Statistics, included a drop of approximately 400,000 members in the last year alone. Big Labor, realizing its imminent demise, understands it must reinstate Card Check to survive and is relying on the President and his Rogue NLRB to allow them to exploit a little known and hidden clause in the Taft-Hartley Act that allows unions and employers to mutually agree to representation through Card Check. Unfortunately, it is very rarely an agreement achieved through mutual consent. It is predominantly achieved by Big Labor through outright intimidation of employers and employees. What is interesting about this particular case is that it has been brought by an employee disgusted with the intimidation and the fact he believes his rights to a secret ballot election and protection of privacy have been violated!

card check

One thing certain about these cases is that the justices of the Supreme Court will receive a tremendous amount of pressure from the Administration and its Big Labor buddies to overturn the decisions of the lower courts. The Gasping Dinosaurs, already headed toward extinction, understand all to well that if these decisions are upheld it will be the end of Big Labor as we know it in this country (see If ruling goes Against Labor Union, Organizing Could Get Even Harder). Additionally, the President and his party know all to well they need Big Labor’s financial and ground support to continue to win elections, as well as increase their grip on and expand an already oversized government.

Even more frightening for the future of the United States is what could occur if these decisions are overturned. If they are, this President will feel empowered to continue to appoint radical people to high positions, not just in the NLRB, but all areas of government. He will work to implement regulations that will allow the use of coercion and intimidation by the government and its henchmen to erode our rights, move the country towards socialism and potentially perpetuate the President’s Rule by Fiat! If they can eliminate the secret ballot election for union recognition and trample on the constitution to appoint government officials how long will it be before they expand these programs to every corner of the government? Can you imagine no secret ballot elections to determine our government officials and instead all being appointed by the President?  These are landmark cases that, if overturned, could be the ultimate downfall of this great nation!

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