Tag Archives: The Devil at Our Doorstep

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).

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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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Common Core, It’s All About Control

Like Obamacare, Common Core is another government debacle, being pressed by far the far left as legislation that, in Nancy Pelosi’s vernacular, “needs to be passed so we can learn what is in it.” Once supported by leading teacher’s unions, such as the National Education Association (NEA), American Federation of Teachers (AFT) and the Service Employees International Union (SEIU), many union officials are now questioning its merits. They are also concerned, among other things, of another Obamacare “train wreck” rollout, (see We’re Flying the Common Core Airplane as We’re Building It and Union Joins Opposition to Common Core National Standards and Tests), as well as its merit as an education model. Despite early union support, it appears some union members are beginning to wake up and realize that Common Core may not be what they bargained for, specifically after the Obama Administration had the Department of Education (DOE) publish the draft of this new program.

Titled Promoting Grit, Tenacity and Perseverance, the DOE’s draft, in fact, promotes just the opposite! The program promotes control rather than individuality and achievement.,. In this case, instead of controlling our health, it is intended to brainwash the minds of future generations to continue down the “progressive” path. In essence, they want to make us all sheep – easy to herd and easy to control! This is further expressed in Common Core Uses SEIU Protest to Teach 3rd Graders about ‘Rights and Responsibilities’, where SEIU tactics were taught to young elementary students. It is astonishing to see the lengths this Administration and its union buddies, especially the SEIU, will stoop to try and bring down capitalism and impose it’s  socialistic and communist viewpoints (see Communism at the Highest Levels).

Common Core promotes neither grit, nor tenacity, nor perseverance, but rather compliance and subservience. A friend’s quote is on point regarding Common Core:

“Grit, tenacity, and perseverance’ were things I thought were developed in the home, in church or on the playing field and often translated into the class room or board room.  The thought of institutionalizing the concept, while well intended, strikes me as quite a challenge.  Kind of like a government trying to instill morality and ethics into a society while mocking God as having anything to say on the subject.”

Additionally, there is much speculation about whether the Common Core standards do anything to advance the modern student.  See the Common Core Standards’ Devastating Impact on Literary Study and Analytical Thinking; Is Common Core Leaving Students Unprepared in Math and Science?; Doubts about Common Core ; video of an Arkansas Mom Destroying Common Core.

The preceding press on the subject, along with the questions by teachers’ union leadership, are strong arguments for states to reject Common Core and the federal money the Obama Administration has dangled in front of them to embrace these standards. However, there is something even more persuasive that should be acknowledged . . . the loss of something through Common Core which made this nation great – promoting self determination, self reliance and self esteem… none of which are taught within Common Core (see Common Core Indoctrination: “The People Must Obey The Government’s Commands”).

Obituary of Common Sense

It is Us vs Them and time for all Americans to come together, whether liberal, conservative, union, non-union, regardless of ethnic or religious background. We must join forces to reject this Administration’s agenda of control in time to reverse the The Decline of American Exceptionalism. America needs a resurgence of common sense, not the tyranny of Common Core!

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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!

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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!

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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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Divide and Conquer

As the new year 2014 begins with the President and Congress returning to Washington, it is evident that President Obama and his liberal cronies are determined to continue to divide the nation. Shortly before returning from his 17-day vacation in Hawaii, the President began the divisive rhetoric by reprimanding House Republicans for going on a “holiday break” and not staying in Washington D.C. to pass a measure to extend unemployment benefits for needy Americans. The benefits were allowed to lapse, as they were not included in the budget  signed by the President prior to his vacation.

Now, Congress prepares for a battle over jobless benefits. The first vote by the U.S. Senate was to restore the expired unemployment benefits. The President and his fellow Democrats allowed the benefits to expire and agreed to the budget as part of their plan to distract the American people.The President understands just how important the upcoming 2014 mid-term Elections are, and is attempting to deflect the miserable failure that is Obamacare. This is merely their opening salvo in a desperate attempt to “divide and conquer” the Republican Party and the American people. The President clearly understands that Democrats must hold the Senate and take back the House of Representatives during the mid-term elections if he is going to successfully impose his socialistic agenda.

Additionally, as President Obama Urges Steps to Resolve Income Inequality, the Democrats are planning a minimum-wage push to create a “National Living Wage,” supported by his allies at the SEIU. See Obama and The SEIU, Sittin’ in a Tree. Much like the tactics of his mentors in big labor, the President will not explain the byproducts of such action – the loss of jobs and a weaker economy, which Thomas Sowell addresses eloquently in his article,  No compassion in minimum wage laws. Common sense dictates that an Unprecedented Minimum-Wage Hike Would Hurt Jobs and the Economy. Even the democratic D.C. Mayor Vetoed the ‘Living Wage’ Bill (see also 5 Ways the Liberal Obsession With Income Inequality Hurts the Poor and Dems Believe Income Inequality To Be the Winning Issue In November).

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Furthermore, in the background, the President  has quietly had his radical appointees at the National Labor Relations Board (see “Rogue NLRB”), the Department of Labor (DOL), and OSHA imposing new regulations such as allowing “microunions”, requiring reporting by employer-supporting “persuaders” (see DOL Changes the Rules Again), and allowing union access to employer facilities during OSHA inspections (see OSHA Opens New Door For Big Labor). These new regulations are all aimed to provide Big Labor the opportunity to process their Death by a Thousand Cuts-style Corporate Campaigns, with the end goal of forcing businesses to sign a Neutrality Agreement  and impose Card Check.

If this is accomplished, unions would be able to force unionize people quickly and collect badly needed dues for the flagging unions. In turn, these unions will continue to provide Democrats with political contributions and the ground game necessary to win the mid-term election. Make no mistake about it, big labor needs help and it is evident that they are Becoming Desperate. The UAW needs income so badly it is considering a 25% dues increase for its current members, which seems strange when their membership continues to diminish.

As discussed in Obamacare Provides Unfair Advantage to Big Labor, the President unilaterally postponed the “transitional insurance” fee for 2014, which eliminated millions of dollars in costs for the unions so they can pour the money back into the 2014 mid-term elections. The timing on all of this makes sense, as big labor has a vested interest in seeing Democrats win back both Houses and essentially providing the President Rule by Fiat, while trying to avoid extinction with support from their political friends.

Like big labor, the President, and Democratic Party too, are feeling pressure to achieve victory in the mid-term elections, and they are intent on utilizing “the ends justify the means” tactics from the big labor playbook (see The Devil at Our Doorstep). Just like the SEIU big labor bosses who trained him, President Obama will trample on anyone who gets in his way. It is time for the American people to wake up to the Obama’s hypocrisy, misdirection and misinformation. His promises, much like big labor’s, have been designed to sway voters, not help the people!

The Republican Party must reorganize and understand that fighting amongst themselves is inappropriate and counterproductive (see Boehner Blasts Conservatives). If the GOP Pins Its Hopes on Midterm Elections, it must band together with all conservatives and people of all religious and ethnic backgrounds to expose and Keep The Pressure On Obama. Just as I discussed with the Republican Whip committee last March, it is Time for Republicans to Go On the Offensive! The Other Guy Sucks is Not a Strategy, so it is imperative that all conservatives expose the President and the fact he has no interest in the citizens of this great country and like the big labor bosses is only focused on accomplishing his agenda. Collectively, we must put the Administration on the defensive if we are going to succeed in nullifying this “divide and conquer” strategy, and reverse The Decline of American Exceptionalism, initiated by the President and his big labor buddies!

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Obamacare Provides Unfair Advantage to Big Labor

Virtually unnoticed and ignored by the media is the fact that big labor benefited tremendously from the deal struck last week to avoid the “catastrophic” fiscal cliff. The President abandoned his own concept of fairness, which of course is nothing more than a hypocritical one way street, in order to reward his big labor buddies and to ease the pressure they have asserted. As discussed in Promises, Promises: Desperate Unions Grow Weary of Phony Distractions, the President clearly understood the displeasure of big labor with respect to Obamacare, and realized that he desperately needed to throw them a bone, and a big one at that!

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In his own inimitable way, the President did so at the expense of  roughly 89% of the workers across this great country who are not members of unions. With this gift,  President Obama’s Ego Continues to Trample American Freedoms as he places the burden of the cost of Obamacare on the everyday working person and on small business. Additionally, it provides big labor with the money to continue to inflict Death by a Thousand Cuts and Corporate Campaign tactics on businesses. This is all part of the plan concocted by big labor and the Obama Administration to force unionize employees, as discussed in The Devil at Our Doorstep, and to continue to control political agendas with excessive political donations and massive ground games. It also provides big labor with an unfair advantage to attract potential members with misleading information during collective bargaining negotiations.

Surprise! Unions Get Their Way on Obamacare… In the deal the President struck with Republicans, unions were made exempt from paying what is referred to as a “Transitional Reinsurance Fee,” a $63 tax assessed on nearly every health insurance plan enrollee for the next three years. The Affordable Care Act (“ACA”) established programs to provide payments to health insurance issuers that cover higher-risk populations and to more evenly spread the financial risk carried by issuers. These programs, which will be effective in 2014, include the Transitional Reinsurance Program.

The Transitional Reinsurance Program is intended to help stabilize premiums for coverage in the individual market during the first three years of the exchange operation (2014 through 2016) when individuals with higher-cost medical needs gain insurance coverage. This program will impose a fee on health insurance issuers and self-insured group health plans. ACA requires health insurance issuers and third-party administrators (TPA’s) of self-insured group health plans to pay fees to support the reinsurance program. The proposed regulations clarify that, for self-insured group health plans, the plan sponsor is liable for paying the reinsurance fees. In essence, unions and businesses both would have had to pay the fee under the program, but unions have now been given an exemption, providing them with huge cost savings.

The fee is based on the number of members actually enrolled in the medical plan, such membership consisting of employees, their spouses and dependent children covered by the medical plan. As an example, the SEIU, with approximately 2 million members, can expect to save BIG! Assuming that 60% of the membership is enrolled in a union-sponsored health plan, you would have 1.2 million members, plus their eligible family members, estimated at an additional 2.5 covered persons (per member), making the SEIU’s total membership eligible for the reinsurance tax roughly 3 million. Multiply that 3 million, by the $63 per member reinsurance fee, and the initial benefit seen by the SEIU is in the neighborhood of $189 million! Spread that over three years, assuming that the President extends it after next year’s midterm elections, and the total cost savings to the SEIU is $567 million!

It doesn’t seem fair that a President who preaches on the redistribution of wealth to the poor and middle class is, in fact, redistributing $567 million to this labor union — An organization which has historically been shown to utilize that money to force unionize hard-working Americans, and to press its socialistic political agenda at the expense of the middle class the President pretends to support. President Obama, who understands the basic tenant of Control Business, Control the Country, is fully behind the push to provide big labor with ultimate power over employees and businesses, after all it was big labor who enabled him to win a second term. It is time for America to wake up and understand this President abhors the free market system and is determined to destroy it, utilizing the influence of the SEIU and other big labor bosses to push Communism at the Highest Levels. He just provided a huge favor to the big labor Gasping Dinosaurs, helping them achieve their agenda. The Taking of American Freedoms is at hand!

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December 23, 2013 · 2:59 PM

Supreme Court Reviews Neutrality Agreements: Big Labor Bosses Will Not Take “No” for an Answer

This past Wednesday, November 13, 2013, the United States Supreme Court heard the initial arguments in the case Unite Here Local 355 vs. Mulhall. The case of Mulhall, a 40-year employee of Mardi Gras in Hollywood, Florida, challenged the use of a Neutrality Agreement by Unite Here to force unionize Mardi Gras employees. A Neutrality Agreement eliminates the preferred standard of use of “secret ballot elections” to determine if employees want union representation, and in its place, institutes the insidious process known as Card Check. The focus of Mulhall is whether a signed Neutrality Agreement was lawfully obtained from Mardi Gras without bribery or extortion by Unite Here, which is prohibited by Section 302 of the Labor Management Relations Act. Unite Here contends the signatures were lawfully obtained, because no money changed hands; however, Mardi Gras and Mulhall believe there were direct benefits or “consideration” received in exchange for the signed agreement.

Unfortunately, after reading the transcripts of the oral arguments made by the attorney for Respondent Mulhall, it appears he has overreached. Perhaps most disappointing, counsel’s arguments did not succinctly and in “plain language” expose the extortion tactics utilized by Unite Here to force Mardi Gras to sign the Neutrality Agreement. These actions resulted in the use of Card Check to force unionize Mardi Gras employees. The attorney appeared to overreach when he suggested that the law bans all pre-recognition agreements whether obtained through mutual agreement or extortion. Additionally, his argument as to whether a benefit was received by the union and/or the employer solely revolved around the union’s support of a gaming license for Mardi Gras. He glossed over the true argument for rescinding the agreement, the use of extortion by the union, which ultimately provided benefits that could be quantified monetarily for both parties. Instad of hitting a home run, his argument resulted in a Mixed Reaction From the Justices. This was a missed opportunity to expose big labor’s ruthless tactics for what they are, coercive forms of extortion from which both parties benefit!

Further, the attorney  missed the opportunity toelaborate on the devastating affects that Corporate Campaigns and Death by a Thousand Cuts strategies imposed by big labor have on an employer. Corporate Campaigns take advantage of a National Labor Relations Act (NLRA) loophole, allowing unions to circumvent the secret ballot election when there is mutual agreement of recognition by the union and the employer. The key word being mutual!  Webster’s Dictionary defines mutual as, “Something shared in common…” — such as mutual respect! The use of Corporate Campaigns against employers, through use of the misnamed “Neutrality Agreement,” to eliminate the secret ballot election is anything but mutual and certainly does not involve respect! In fact, the most striking thing about the Neutrality Agreement is its utter lack of neutrality.  The “agreement” is forced upon employers by big labor threats.  Upon entering the agreement, employers are forced into a “card check” scenario, and in return, receives the agreement of the labor union not to make good on its threats.

Corporate Campaigns, as described in my first book, The Devil at My Doorstep, are designed to financially and psychologically cripple an employer, coercing the employer into capitulating and signing the one-sided Neutrality Agreement. Corporate campaigns are ruthless wars waged against unsuspecting employers by big labor bosses who have decided the employer is a financial target, not because of employee abuses, but rather because of the potential membership dues and big payday for big labor! Corporate campaigns are initiated on the diengenuous premise that the employees have invited them to town. This is rarely true. The unions are often nothing more than Uninvited Interlopers, whose services have not been requested by any employee of the organization.

The preceding recital of the intent of Corporate Campaigns and the resulting benefits for both unions and employers, supplemented by real life stories of such coercion (such as those chronicled in The Devil at Our Doorstep), overwhelmingly proves that extortion and bribery regularly exist within these attacks by big labor. The Supreme Court needs to grasp that Corporate Campaigns are vicious scams designed to “shame” employers into signing the Neutrality Agreement The extreme costs incurred in avoiding such campaigns overwhelmingly prove a benefit for both parties just as it does in the Mulhall case! My company would have saved almost $1 Million dollars in attorney, operational and other associated costs, while the SEIU would have not only saved the costs in prosecuting the campaign against my company, but would have been the beneficiary of dues collected from the forced unionization of thousands of employees in a relatively short period of time.

Employees and employers across the country can only hope the Justices do their due diligence in the Unite Here Local 355 vs. Mulhall case, and outlaw the imposition of the so-called Neutrality Agreement, benefitting both parties through Organizing by Extortion. The  U.S. Supreme Court Has An Opportunity to Protect Fundamental Freedoms and set the future course for true, voluntary union recognition for all employees. Their decision will serve to protect workers like Martin Mulhall, because until they do, big labor bosses will not take no for an answer!

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Right-to-Work States Beware

Right-to-Work states need to take heed of several recent events, which are prime indicators of big labor’s intent to revitalize its sagging membership roles and the administration’s intent to support them. The most recent event was Terry McAuliffe’s victory over Ken Cuccinelli in last weeks Virginia Governor race, where the Unions Poured Millions of Dollars to Support McAuliffe’s Campaign, led by the SEIU’s approximately $540,000, because McAuliffe has “hinted” he would not stand in the way of Right-to-Work (RTW) being overturned in Virginia.

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This is just the Tip of the Iceberg when discussing the Gasping Dinosaurs’ recent assaults on RTW states. In mid September, a Lake County judge in Indiana agreed with a suit filed by the International Union of Operating Engineers and found Indiana’s RTW Law to be Unconstitutional, because it was unfair that unions have to represent employees who do not pay dues. This case will be reviewed by the Indiana Supreme Court in the near future, and most likely be overturned. An easy way to solve this union concern is by Putting “Teeth” in Right-To-Work laws, inserting language that would  eliminate the “Check Off” clauses in collective bargaining agreements. The “Check Off” clause requires employers or government entities to deduct union dues from employees pay checks and send those dues to the union. The unions would simply collect the dues directly from the employees who desire union representation and work only in their behalf. What could be more fair?

Also, in the past couple of months, the UAW has launched a Death by a Thousand Cuts  Corporate Campaign against a Volkswagen Facility in Chattanooga, Tennessee and a Nissan Facility in Canton, Mississippi, both RTW states. The goal is to force management at these plants to sign a Neutrality Agreement, which eliminates the secret ballot election for workers, replacing the process with Card Check. This prevents employees from choosing if they want union representation or not through the secret ballot election, and reverts to the ruthless practice of force unionizing employees against their will!

The current Administration, in need of big labor’s support in the upcoming 2014 Mid-Term Elections, is attempting to “grease the wheels” and make it easy for big labor to execute Corporate Campaigns against employers in RTW states. They have appointed Radical Pro-Labor Department Heads at the National Labor Relations Board (NLRB) and the Department of Labor (DOL), as seen in Labor Department goes on rulemaking spree and OSHA Seeks to Make Big Companies’ Worker-Injury Records Public. The goal is to change regulations, implement new rules and overturn past decisions so that big labor can embark on expansive organizing campaigns in America’s union scarce southern regions, where employment is growing. If successful, this could bring about serious political upheaval in favor of the Administration, as the unions would gain more dues paying members.

Both the Administration and big labor understand that they desperately need more political allies and money to survive, as the U.S. Supreme Court Has An Opportunity to Protect Fundamental Freedoms and potentially deal a death blow to Card Check in the coming months, big labor’s only remaining hope to avoid extinction.

The first case will begin this week, on November 13th, where The Devil at My Doorstep will be utilized as evidence by the law firm Ogletree Deakins, in an amicus brief defending an employee from a company in Florida (RTW state). The company bowed to union pressure by signing a Neutrality Agreement, subjecting its employees to the ruthless union Card Check process. Instead of giving in to the card  process, one employee had the backbone to stand up to the Unite Here union bullies, and contacted the National Right to Work Committee, headed by Mark Mix. The NRTW Committee has been working to defend his rights and is taking his case to the Supreme Court. The second case, involving the Constitutionality of President Obama’s Recess Appointees to the NLRB, will be heard early next year. If upheld, this decision could stop the NLRB’s current march to change regulations that allow for the unfettered use of Corporate Campaigns by big labor to impose Card Check upon unsuspecting employees.

The outcomes of these cases will no doubt determine the future of big labor. In the meantime, with the support of the current Administration, big labor will wage an all out war on RTW laws and RTW states in an effort to increase membership and political power. There is no doubt these states, and RTW across the country, are in the crosshairs of the big labor bosses and the Administration. It is imperative that these states and all Americans defend the Right-to-Work legislation, as it is A Basic American Freedom!

Click HERE to buy a copy of the The Devil at My Doorstep, which will be introduced as evidence to the U.S. Supreme Court later this week.

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November 12, 2013 · 3:14 PM

Unprecedented Union Corruption

After battling the SEIU’s Corporate Campaign against my company, and ultimately winning, I firmly believed that I had experienced corruption at its worst. Sadly, I was mistaken.

It all began in January 2012 when my company was awarded a housekeeping contract in Kokomo, Indiana, a city that benefited from a major portion of the President’s 2009 Stimulus Package and Auto Bailout. It was an unprecedented award, as we were the first non-union cleaning contractor to be awarded the facility. Our staff replaced approximately 30 United Auto Workers (UAW) members, who did not lose their jobs, but rather were absorbed into the  plant operations. The most striking part of the transition was how successful we were. Plant management was ecstatic with the cleanliness, efficiency and safety of our company and employees. Our employees were happy and the employees at the plant were happy with a cleaner facility. This pleasant relationship continued for over 6 months,  until the UAW International raised its ugly head.

Apparently, it did not sit well with the powers-to-be at UAW International that a non-union contractor could be successful at a “union” facility. They sent a corporate organizer espousing the belief that the employees, who to that point had not requested union representation, needed union “protection” and deserved better wages and work rules. The sudden appearance of the UAW International had nothing to do with the employees, but had everything to do with their fear that if we were successful in this plant, that we could begin picking up more “union” plants across the country, thus threatening their future membership dues and way of existence.

Consistent with their SEIU brethren, and in line with the direction of the NLRB since President Obama’s recess appointments in attempt to create Card Check through Regulation vs. Legislation, the UAW immediately contacted us about signing a Neutrality Agreement, which they instead labeled as a “Partnership Agreement.” This blatant misrepresentation would be the first and least onerous of the many that would be spewed by the desperate Gasping Dinosaurs to secure the unionization of our employees. We responded to the UAW just as it did when the SEIU requested we sign a Neutrality Agreement in 2007, we were still not interested in signing away our employees’ rights to a secret ballot election (for more details, read The Devil at Our Doorstep). Despite several contacts by the UAW organizer requesting that we sign the “Partnership Agreement,” we respectfully declined. Giving credit where credit is due, the UAW did not threaten us with a Corporate Campaign, in fact things became suspiciously quiet going into Thanksgiving last year.

Unfortunately, the silence did not last long. The day after Thanksgiving we received notice that the UAW had petitioned for an election to determine union representation for our employees. Immediately we responded, as we had the past, that we expected both sides to conduct themselves with integrity and within the guidelines of the law and NLRA regulations. We also wanted the election to be held as close to the 42-day mandated period as possible, despite knowing the coming holidays would complicate the process. The UAW agreed to an election date of January 8, 2013. This agreement would be the UAW’s last act of civility and integrity during the process.

The day before the election, January 7, 2013, it was clear that the employees were likely to vote against UAW representation, in a close election. Subsequently, the UAW International took it upon itself to ensure a victory. The UAW International contacted the customer’s corporate executives in Detroit and secured an agreement that if the employees would vote for union recognition, the customer would pay us increased costs, including a wage increase of $5.00 per hour, associated FICA, FUTA, SUTA taxes and insurance, plus any applicable overhead and margin increases. This meeting took place without our knowledge nor the involvement of local plant management, who was responsible for budgets and profitability. That same evening the UAW met with our employees at a local Pizza Hut and disclosed the deal. They told our employees all they had to do was vote in the UAW in order to receive the raise in pay.

The next day our employees, coerced by the union bribe, voted in the UAW as its representative. Interestingly enough, our local management at the plant received a phone call approximately 1 hour before the secret ballot election closed and was told that an agreement had been reached and that we would be reimbursed for the increased costs in labor and wages for the facility. I personally received a call a few days later from the customer, verifying the call we received on election day. The most astounding part of the call was that the customer provided us with the exact dollar amount, per hour, it would be reimbursing us, which corresponded almost perfectly with the cost of the wage increase, associated taxes and benefits that the UAW promised employees the night before the election! I sincerely believe that both the UAW and the customer believed that because we would be receiving more revenue, including profit margins, that we would accept the money, negotiate a contract, pay employees more and everyone would be happy. They never considered that we would take the moral high ground and refuse the money!

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We immediately filed charges and Unfair Labor Practices (ULP) with the National Labor Relations Board (aka the Rogue NLRB), knowing it would be an uphill battle considering President Obama’s payback to big labor, in the form of unconstitutional recess appointments to the NLRB. The Regional NLRB, to its credit, determined that hearings should be held based on the claims and evidence. Despite significant testimony from employees and the customer’s plant management, as well as other information that clearly implicated the UAW in corruption and coercion, the NLRB found in favor of the UAW.

The decision came as no surprise, based on the NLRB’s “pro-labor” stance under the current Administration. Undaunted, we appealed the decision, which moved the process to Washington D.C. for review. This review would come from the same board that had already been ruled unconstitutional by the United States D.C. Circuit Court, and who believes it can circumvent the Constitution by changing regulations, reversing decisions and making decisions that enable big labor to wage war on employers in attempt to achieve Card Check and force unionization on employees! The NLRB responded as expected, finding in favor of the UAW.

Immediately, the UAW requested to begin contract negotiations, which we declined. Since the D.C. Circuit Court’s decision had been appealed to the U.S. Supreme Court, after finding the recess appointed board members unconstitutional and placing their subsequent decisions and regulation changes on hold, it seemed logical that discussions would be fruitless until the Supreme Court reached a decision. The UAW quickly returned to its intimidation tactics. They contacted our customer and threatened a strike at the facility unless we began negotiations. The customer, so intimidated by these tactics, canceled our contract, not for poor quality or service and not for refusing to negotiate with the UAW, but for convenience! The corporate office then awarded the contract to a “union” contractor, against the wishes of the local plant management who was instructed to remain neutral and quiet. The whole scenario begs the question, if the customer wanted to pay higher wages, why didn’t they talk to us about it in the very beginning? By offering to build in higher wages for our employees, they could have protected them from the shackles of big labor and required union dues. We would have been more than happy to negotiate with the customer directly for improved wages for our employees!

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This same scenario is currently being played out in Chattanooga, Tennessee, where the UAW is attempting to Force Unionize Volkswagen Employees through use of a Neutrality Agreement and Card Check! In this case, the union claims they have enough votes to win an election, but instead of holding a secret ballot election, which they say takes time and effort, the facility should utilize Card Check! Based on personal experience and as chronicled in The Devil at Our Doorstep, the truth that was discovered upon talking to my employees throughout these scenarios, was that they were intimidated and lied to about the cards they were signing. This is most likely what is occurring at the Volkswagen Plant, the UAW is merely attempting to achieve Card Check through the back door, and the economic impact of these events could be devastating!

Once again Big Labor’s Gasping Dinosaurs are demonstrating their desperation and lack of integrity as they continue to utilize intimidation and coercion to force unionize employees with their “ends justify the means” quest to avoid extinction.

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Promises, Promises: Desperate Unions Grow Weary of Phony Distractions

Big Labor bosses are facing the increasing realization that their organizations are rapidly facing extinction. Faced with this stark reality, they grow increasingly tired of phony promises and betrayal from A Phony President. A trifecta of difficulties, consisting of recent revelations of the impact Obamacare will have on union costs and membership, the weakening of support for “Card Check” legislation, and the increasing popularity and passage of  “Right-to-Work” laws have the Gasping Dinosaurs very nervous. Union membership is at a 50-year low, representing a mere 11.3% of the total workforce and 6.7% of the private workforce. These statistics have Big Labor bosses fighting mad at the lack of return from their campaign investments for the President and desperate enough to attempt any and all options to rebuild declining membership.

With the exception of the Service Employees International Union (SEIU), which represents healthcare workers across the country and anticipates membership gains from the implementation of Obamacare, Big Labor bosses representing other unions now realize that their once-beloved President has sold them down the river (see The Devil is in the Details: Buyer’s Remorse over Obamacare, Except for SEIU).  The heads of the AFL-CIO, the Teamsters, and other major labor unions are now realizing that not only is Obamacare void of separate exemptions or favorable provisions for unions, but it places unions at an economic disadvantage when organizing new members. In fact, it is so bad  that the Teamsters are Begging Congress for Relief from Obamacare and the Laborers International Union Fears Destructive Consequences from Obamacare. Even the President-friendly IRS Employees Union Members are in an Uproar after realizing that they too will be subject to Obamacare. The President may continue his phony rhetoric to intimidate Republicans and to push for Obamacare to become functional, but he does so at the risk of losing his most ardent supporters.

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The next likely disappointment for the unions is that the President has failed to enact Card Check. Despite that the President’s recent radical appointees to the NLRB were approved by the U.S. Senate and the fact that President Obama Brought in Griffin to Fill Vacant NLRB Position, the Rogue NLRB still faces an uphill battle if they plan to achieve card check.  See “Card Check through Regulation vs. Legislation.”  President Obama previously attempted to achieve card check like provisions through his appointment of board members such as Craig Becker and Richard Griffin.  With the courts finding the President’s recess  appointments to be unconstitutional, and thus their decisions invalidated,  a delay in “union handouts” has resulted in further union membership deterioration and caused the Unions to Demand Payback.

Interestingly, this has resulted in an attempt by Big Labor to enforce desperate and creative measures to increase membership. The AFL-CIO Seeks Answers in Crisis by targeting Hispanics, NAACP, Sierra Club and other groups, and by Winning Back Other Unions into their fold, thereby increasing membership, revenues and power. Not to be outdone, the Desperate SEIU Resurrected the Persuasion of Power and is leading the charge by attempting to organize Home Health Care Workers and immigrants as discussed in the recent blog The Senate Immigration Law Hurts All Americans. Additionally, an all new Worker Center Scheme crafted by the SEIU is in the works, utilizing organizations outside the auspices of the National Labor Relations Act (NLRA) to attract and organize prospective members, which could be devastating to businesses attacked by these type organizations.

Meanwhile, the SEIU has once again embraced the Living Wage Argument to unionize workers. This tactic, described in The Devil at Our Doorstep, is now being used against McDonalds and other service/food providers under the veil of the “Fight for Fifteen” campaign, fighting to shift wage rates to $15 an hour for these workers. McDonald’s is now feeling pressure from the typical Corporate Campaign tactics, including threats to Contaminate Food! These threats will directly impact McDonald’s revenues, a standard focal point of the SEIU’s campaigns. Of course, all of their actions are being pushed in the name of Social Justice.

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Desperate people do desperate things. As Big Labor continues down this desperate path of no return, the phony President will continue to look the other way and allow his supporters to be cannon fodder. Utilizing his own union-style tactics, the President will continue to create phony distractions at the expense of the rank and file, and they have no one to blame but themselves. It is only a matter of time before Big Labor realizes that the President has no loyalty, not even to the very unions that got him elected!

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

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!

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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!

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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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