Tag Archives: EFCA

Time for Republicans to Go On the Offensive!

During my recent trip to Washington D.C. I was asked to speak to the Republican Whip Committee, a group of approximately 50 Republican U.S. House members charged with the responsibility of  preparing and securing support for passage of “priority” legislation. I used this time to provide the Whip Committee with the background of my battle against the SEIU  and the tactics the SEIU utilized against my company, employees, customers and family, and then drew the parallel to the tactics utilized by the current Administration and the Democratic Party to push forward their progressive agenda.  I concluded by encouraging the Committee to adopt the tactics that led us to victory — to go on the offensive; to make the opponent defend its lies; and to expose the misinformation, propaganda, coercion, intimidation and diversion tactics utilized to achieve their goals.

After briefly explaining my background and providing a short history of the SEIU’s use of thuggish tactics through a  Corporate Campaign in attempt to force unionize my employees by means of  Card Check, I then laid out our successful strategy. We were able to turn the tables by  utilizing the SEIU’s very tactics, but did it in a manner which did not sacrifice our integrity or professionalism. We went to the press, and exposed that the unions representations about how we mistreated employees were not true, but simply SEIU fabrications. In fact, we took out an advertisement, not only challenging the SEIU’s misinformation campaign, but challenging the SEIU to “put its money where its mouth is.”  We publicly agreed to to a secret ballot election where employees could vote their conscience without fear of intimidation or retaliation, knowing that they would wilt at the challenge.

SEIU - Please Fish or Cut Bait

We also accumulated significant evidence of SEIU engaging in conduct in violation of the National Labor Relations Act, and filed 33 “Unfair Labor Practice” charges (ULP’s) against them in one day.  By doing this, we confronted them with their own deplorable tactics, and forced them to defend their actions. Most importantly, we made a concerted effort to meet with all of our employees and our customers on site to explain our position and the reality of the SEIU propaganda, misinformation and its goal of elimination of their rights to a secret ballot election to decide if they desired SEIU representation. In essence, we developed a “big tent” approach to the problem — and it worked!  The people listened, they understood, and the SEIU disappeared!

I implored the Committee to take the same “big tent” approach with the Obama Administration. The President’s tactics are learned from his days as a community (a.k.a. union) organizer. They are learned directly from the SEIU (as explained in Time to Connect the Dots).

The time has come to expose the Rules of Obama Power War, which, like the SEIU tactics misinformation, misdirection, intimidation, coercion and diversions, are  all designed to put the Republicans on the defensive. Instead, the Republicans should stand tall and go on the offensive by burying Obama with investigations into his unconstitutional conduct (see Strategy: Bury Obama In Investigations).  Utilize the same strategy that EMS used when it filed the 33 ULP charges against the SEIU in one day!

I explained that just as Ralphie learned in the movie “A Christmas Story,” the bully only understands and responds to the punch in the nose!  Finally, the Republicans need to reach out to traditionally non-Republican groups, and to explain the reality of the President’s socialist designs and its impact upon their prosperity and freedom! They must do this again and again until the message resonates.

I sincerely hope I made an impact with this gracious and attentive group, as I truly believe that the future of this great nation is at stake and we must have representatives who are willing to stand up and fight for our survival; people who are willing to stand up to the abuse and be prepared for the political and financial cost it will take to save America by going on the offensive! In the days following my speech I began to notice an momentum towards and offensive, and then this past week  an article in the Wall Street Journal GOP Issues Scathing Self-Analysis attracted my attention and the attention of the nation. I was happy to see that the underlying theme and tactics proposed during my speech were entwined within the new direction laid out by the RNC. Now, we need our representatives to have the intestinal fortitude to take the fight to the Administration and its socialist cronies like the SEIU and other far left organizations and individuals who only care about themselves! It is time to take the offensive and save this great nation for our children, grandchildren and future generations!

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One Man’s Fight Against Union Power

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Entrepreneurs in the Silicon Valley should pay close attention to the experiences of Dave Bego, the Indiana businessman who started a company from scratch. By 2006, after years of unrelenting toil and sacrifice by Bego and his family, Executive Management Services, Inc. (EMS) had expanded into 38 states and had 5,000 employees. Bego now had something so valuable it became an attractive target for unionization.

Bego’s story, which he has written about in two books and has turned into a one-man information crusade, is not unique. But his decision to fight back is very unusual, and his account of how his company was targeted has gone largely unreported. The details of his fight reveal a frightening lack of legal protection for company owners and their workers from union intimidation, as well as a dated, shamelessly abused set of exemptions shielding over-zealous union organizers from legal sanctions. A UnionWatch article from December 2012, “The Special Privileges And Exemptions of Public Sector Unions,” references several compilations of how unions escape many of the laws that govern the rest of us, but hearing about what actually happened to Dave Bego makes it far less academic.

It is conventional to assume that if somebody is critical of a union’s tactics, they must be anti-union. But even Dave Bego, who fought the SEIU for years, believes that unions have a legitimate role to play in a capitalist democracy. Because Bego, in an ad placed in the Indianapolis Star, offered to hold a secret ballot election among the employees to decide whether or not they wished union representation. As stated publicly in this ad: “EMS is very willing to let its employees vote in a secret ballot election conducted by the federal government to decide whether they want to be members of your union or not… we have encouraged you to seek an election since your first contact with EMS” (view EMS ad).

The problem unions have with a secret ballot election, apparently, is that the union might lose. When union representatives met with Dave Bego, and during all of their subsequent campaign of pressure and intimidation, what they wanted him to do was sign a “neutrality agreement” (view actual neutrality agreement presented to Bego). Here are highlights of what a neutrality agreement does:

  • The employer shall not “take any action or make any statement that will directly or indirectly state any opposition by Employer to the election by its Employees of a collective bargaining agent.”
  • The employer will sign a letter provided by the union, and distribute this letter to all employees, that is “assuring Employees of Employer’s neutrality in the matter of their union organizing.”
  • “Employer shall provide within five (5) business days a list of the names and addresses of all Employees within classifications subject to this Agreement.”
  • “…union will then present Employer with signed authorization cards or a petition memorializing individual Employees’ desire to be represented by Union for purposes of collective bargaining.”
  • Once the union has submitted union authorization cards from 50% of the employees, if management cannot come to terms with the union during the collective bargaining process, they must submit to binding arbitration.

What a neutrality agreement does is enforce the process known as “card check,” whereby instead of voting in a secret election whether or not employees want union representation, the union organizers gather individual signatures on consent forms. Armed with the home addresses of every single employee, the union has three years to target individuals, one by one, until 50% of them sign the card. This process, currently only legal if and when an employer signs a neutrality agreement, would become law of the land if the union-supported, misleadingly named “Employee Free Choice Act” ever becomes federal law.

Because the unions wanted Bego to sign a neutrality agreement, he refused on principle, because doing so would have denied his employees the right to a secret ballot election. That’s when the troubles started.

As summarized in Bego’s book, “The Devil at Our Doorstep,” the SEIU embarked upon a campaign of persuasion that relied on laws designed to give unions an advantage over employers. Here are some examples of rules that impose double standards on the conduct of unions vs. employers during union organizing campaigns:

  • The “Persuader Rule,” which requires employers to publicly disclose all relationships with outside firms who may assist them to resist unionization. Not only are unions exempt from this rule, but because most employers have never encountered a union campaign before, they have no choice but to solicit outside advice on the legal issues as well as on how to effectively communicate with their employees. This rule gives the unions an opportunity to then attack anyone consulting with the employer.
  • The “Posting Rule” requires employers to post union provided printed material in their workplace, saying, for example, that all employees have the right to unionize – with contact information. But the employer does not have the right to post anything reminding employees that they are not compelled to vote for unionization.
  • Rules prohibiting “Interrogation,” or “Promising,” meaning an employer cannot meet with employees during a union campaign and ask them (i.e., “interrogate” them) what is wrong, or what can be done to improve work conditions. Similarly, during a union campaign an employer cannot remedy work conditions; that is “promising.”
  • Unions are exempt in many states from laws that make stalking an individual a crime, as well as laws that make many forms of extortion a crime.

In order to hold a secret election, the union has to get 30% of a company’s employees to sign a petition asking for a vote. To do this, their operatives approached EMS employees – over and over – on their way to work, in the parking lots, and sometimes even followed them home. They enlisted the support of local clergy, who organized blockades of buildings where Bego’s employees worked. Because EMS provides contract janitorial services, the unions organized demonstrations outside these buildings, intimidating the building owners in an attempt to get them to change vendors. They sent letters to the press and to EMS clients alleging “unfair labor practices” which in most if not all cases were without merit. Indeed, in November 2007, EMS filed a set of counter-charges (view EMS Unfair Labor Practice Charges Against SEIU), and in the subsequent NLRB hearing the ruling was in favor of EMS. Even the NLRB felt the union had gone too far.

These “corporate campaigns” occur every day across America. Most employers cannot withstand the pressure from the unions. At one point, the union campaign against EMS included enlisting children on Halloween night to go trick-or-treating in Bego’s neighborhood, and after being given candy, they gave each resident a union flyer.

While Bego has managed to successfully fight the SEIU, at least so far, most people can’t stand up to the intimidation that appears to be standard procedure for unions who operate a corporate campaign. Not only the company owners, but their family, their employees, their suppliers, and their customers face harassment. Sometimes this harassment escalates into vandalism and violence, with laws in place that create for unions a higher threshold before such acts become criminal. But the unions are lobbying for even more laws to assist them in their corporate campaigns. For example:

  • Unions have now won the right to form “micro-unions,” where they can carve out small groups of employees and hold a union election. If a union can’t get 30% of an entire retail store to sign cards calling for an election, they can now get 30% of the employees in one department of that store to sign the card, and an election will be held for that particular department.
  • Unions are pushing to lower the time period between when cards are submitted requesting an election from 48 days to 18 days; the so-called “Quick Elections” rule. This creates a significant advantage for the unions, because it takes time to communicate to employees that they are not compelled to vote for unionization. Many employees who have signed cards calling for an election believe that they are required to vote for unionization because they signed the card requesting the election.
  • Legalizing the “Card check” method of unionization, via the perennially introduced “Employee Free Choice Act,” would enforce the terms of a neutrality agreement on employers without their consent. Unions could then approach employees individually until they collected signatures from 50% of the workforce, eliminating the secret election ballot.

Eliminating unfair union advantages, currently built into federal law, would not necessarily eliminate unions. In a recent speech at an event sponsored by the Heritage Foundation (view speech – begins at 5:40), Bego emphasized that some workplaces probably would benefit from unionization. But unions must play by the same rules as the companies they negotiate with, employees should have a right to a secret ballot in elections concerning unions, and nobody should be forced to join a union.

Silicon Valley entrepreneurs come from a variety of ideological leanings, but it is accurate to state that most of them support Democratic political candidates. Perhaps this, combined with their extraordinary personal wealth, blinds them to the agenda of unions, despite the fact that public sector unions already control California’s state and most of its local governments and their unsustainable financial demands are contributing to the insolvency of those institutions.

If the Silicon Valley business elite want to maintain control of the companies they founded, and preserve the vitality of the new industries they helped create, they should take a careful look at the proper role of unions in 21st century America. Because the rules governing unions and union organizing are at a tipping point. If union-friendly legislation continues to emanate from Washington D.C., and Sacramento, the Silicon Valley may find itself on the front lines of a battle for which they are entirely unprepared.

Published via UnionWatch.org by  on MARCH 11, 2013
Click here to see the original post.

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The Devil at Our Doorstep Featured on C-SPAN2 BookTV

David Bego and The Devil at Our Doorstep

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Sunday, March 10th – 8:00pm (ET)

David Bego, president and CEO of EMS, a workplace maintenance company that employs 5,000 people, talks about the power of unions in the United States through his new book, The Devil at Our Doorstep.  He also talks about his contentious relationship with the Service Employees International Union going back to 2006.  During this event, hosted by the Heritage Foundation in Washington, DC, Mr. Bego is joined by Diana Furchtgott-Roth of the Manhattan Institute and Russ Brown of the Labor Relations Institute.

The program will be airing Sunday, March 10th at 8pm (ET) on your local C-SPAN2 station. You can also WATCH C-SPAN2 ONLINE or check out the video on our YouTube Channel.

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Mr. Bego Goes to Washington

The Devil at Our Doorstep’s Book Event

New Video Footage Featuring David Bego

Hosted by The Heritage Foundation

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Unions Demand Payback: Card Check is Back on the Table!

Last Tuesday’s re-election of President Barak Obama will allow him to continue his Rule by Fiat and to push his socialistic agenda. This, in turn, will rejuvenate Big Labor’s most coveted objective, “Card Check.” The President will continue his drive to circumvent Congress through the use of Executive Orders and regulatory actions, with a goal of destroying the free enterprise system and replacing it with a socialistic society. In fact, as mentioned in the blog “Biden the Bully,” don’t be surprised by an attempt to use Rule by Fiat to eliminate presidential term limits and secret ballot political elections to effectively establish a totalitarian government.

President Obama learned the tactic of controlling the populace though his buddies — Big Labor’s Gasping Dinosaurs — who began applying pressure on the President  the day before the election when it was proclaimed by AFL-CIO Big Labor Boss Trumpka said “You’ll See Card Check Within the Next Obama Term.” Card Check, which originated as a piece of favorable sounding legislation called the “Employee Free Choice Act” [a.k.a. EFCA], was never enacted through Congress. Despite its misleading title, EFCA had as its basic tenant the elimination of the secret ballot election as a means of allowing employees to determine if they want to be represented by a union.  Since that time, the President has attempted to enact EFCA Through the Backdoor in order to pay back his buddies for their support in the 2008 and 2012 Presidential Elections. The President’s method of choice, much like he has done with the Environmental Protection Agency and the Department of Labor, is to achieve Card Check through Regulation vs. Legislation!  By this means, he can avoid having to receive Congressional authority altogether.

Make no mistake, the President clearly understands the philosophy Control Business, Control the Country! He understands Card Check is A Death Penalty for Employees and Employers,  and also that it is a means of  cementing the  support of the Gasping Dinosaurs. In fact, immediately after the election it was reported, but not widely publicized by the fawning mainstream media, the TSA Grabs Union Contract. This, along with Trumpka’s declaration about the reelection of President Obama, spells doom for American business and the America economy.

Along with increased E.P.A regulations (see attached Obama-EPA Plans for 2013), increased banking regulations and other regulatory controls,  Card Check, which uses the Persuasion of Power  to indoctrinate and force employees and employers to capitulate (as chronicled in The Devil at Our Doorstep), portends a financial meltdown that could result in the destruction of the American economy as espoused by Cloward and Piven as a means of collapsing the government (see Overwhelming the System). Interestingly enough, the cornerstone of Cloward and Pivens’ plan was “Universal Healthcare,” which now most likely will come to fruition with Obama’s re-election. Already we are seeing tremendous drops in the stock market and employers’ warnings of impending layoffs and/or reduction of employees to part time to pay for or avoid the cost of Obamacare (see Good Morning America, Here’s Those Layoffs you voted for Last Night).

Evidence of Big Labor’s renewed confidence was on display just this week as Labor Leaders Heading to the White House to put on a full court press promoting tax hikes for wealthy Americans, and rallying to keep a strong “safety net” intact for low income families, opposing any cuts to Medicare, Medicaid, Social Security benefits or shifting costs to the states, no matter the impact on the imminent fiscal cliff. Big Labor will also pressure the White House on other heated issues, primarily hiring teachers and getting the government to focus on “internal job growth,” which equates to spending on infrastructure projects, building roads and bridges.

Imagine the long-term consequences on unemployment numbers and the overall economy! If people use common sense and are honest with themselves, they will realize this is the exact result the President and his Gasping Dinosaurs desire. It is much easier to control people when they are all the same and beholding to the hand that feeds them! It is time for all Americans to wake up and realize The Taking of American Freedoms is this Administration’s and its supporters’ ultimate goal! Be Afraid. Be Very Afraid  America, We are at War! Armageddon is at Hand! Please Wake up!

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