Tag Archives: The Devil at Our Doorstep

The Senate Immigration Law Hurts All Americans!

Recently, I had the opportunity to view Dennis Michael Lynch’s documentaries They Come to America.  In part, the documentaries explore the pending immigration legislation proposed by the “Gang of Eight,” and finds that the legislation fails to fix the most basic problem — securing the border between the United States and Mexico. Despite claims by the current Administration that the border is secure, the documentary shows the continuing consequences to national security, the American economy, our out of control debt, and desperately needed jobs for the American people.

These documentaries support my previous blog, DREAM Act, the Truth Behind the Nightmare, written in December of 2010, when President Obama was pushing his immigration reform bill known as the  “DREAM Act.”  This bill was primarily driven by politics instead of an interest in doing what was best for the United States and the American people, and which fails to secure the border, protect Americans from terrorism, reduce the massive cost of social programs, help balance the budget, increase jobs and wages for legal Americans, or to otherwise address the issues currently facing our country due to illegal immigration.

If we are to succeed in overcoming these difficulties, the first and most immediate priority must be to seal the border! The Senate bill gives almost ten years for the government to achieve this objective. This is not by accident, but rather intent, as the Obama Administration and the Democratic party understand it will be accepted by the Hispanic community, a demographic they need to continue to win elections. It’s also a gift to big labor in the form of a potential new source of membership to revive its member ranks and flagging revenues. If the President, and Congressional Democrats and Republicans who are on board with this bill really cared about American security, the American economy and American jobs, they would shove political ambitions aside and place the United States military in control of the border and let them do the job they are best at in the world!

Second, the Senate needs to immediately remove all access for undocumented workers to social programs and American schools. Additionally, undocumented workers should have to register with the government immediately and submit to extensive background checks, which, if not acceptable, would result in deportation. These steps would reduce the rolls of undocumented workers immediately and stimulate the economy by reducing budget deficits and providing immediate jobs for legal American workers, a measure which is even supported by the American Hispanic population! Despite the Republican Party’s objections they would gain more favor with the Hispanic population if they would insist upon these measures, combined with regular meetings with the Hispanic community on their own turf.

Third, The Shadow Economy must be reined in (as discussed in my blog, Misclassification of Workers, Common Ground or Hot Bed of Greed). This Under Ground Economy must be reined in if America is to expand employment while recouping lost FICA, payroll tax and income tax revenues that would significantly reduce budget deficits and, ultimately, the runaway national debt! Just as important, enforcing misclassification laws would significantly increase legal American’s wages without them having to be part of a union!

Interestingly, big labor supports the Senate Immigration bill as an avenue to increase membership roles, (see SEIU Pushes Seven Figure Ad Campaign for Immigration Reform ) but appears oblivious to the fact its buddy in the White House is intent on playing both sides of the fence. Despite a supposed focus on employee misclassification, very little enforcement has occurred, which eliminates these people as union targets! See Focus on employee misclassification will continue, Labor official says. The reason is simply that the President and the Democratic Party understand that the Hispanic vote is necessary for Democrats to retain power. Especially the clandestine illegal vote brought in by the big labor ground game, which they continue to count on through other paybacks to big labor through NLRB decisions and regulatory changes. A ground game the Administration and Democrats turn their heads to, despite their bellicose objection to the recent Supreme Court’s decision, eliminating the Voting Rights Act.

Bottom line, the Administration’s motives are hypocritical. They are purely for political gain at the expense of the American people including supporters like big labor. It is time for all Americans to wake up and watch what this administration does, not what it says and understand How “Gang of Eight” Amnesty Will Destroy America for all Americans, including unions. The Wall Street Journal reports Obama to Pressure House GOP on Immigration Bill  this week when it returns to Washington. Its time for the American people to stand up with one voice contact their representatives and say “No” to crony politics!

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Desperate SEIU Resurrects Persuasion of Power!

Once again the SEIU is utilizing its patented Persuasion of Power  to achieve its political goals and to boost its dwindling membership. Over the past two weeks, the SEIU has aired television commercials (see SEIU Pushes Seven Figure Ad Campaign for Immigration Reform) to support President Obama’s immigration policy, to initiate a living wage attack campaign against McDonalds and Wal-Mart (see SEIU.org Action Page), targeting Home Health Care Workers and to attack conservatives working to balance the liberal media (see Koch money shouldn’t influence our media — we want to see “Citizen Koch” aired). The SEIU’s Insidious Tentacles are reaching far and wide to achieve one simple goal – to increase its membership, thereby resulting in increased revenues and political power! The SEIU and this Administration are tethered at the hip in this venture (see Obama and The SEIU, Sittin’ in a Tree)!

immigration protest SEIU

The SEIU and the current Administration could care less about the current state of America, or about Restoring America’s Prosperity! Their ambitions are philosophical and aimed at increasing political power. If they truly cared about America’s future and the future of immigrants caught in limbo they would pursue policy outlined in the DREAM Act. Instead, they jointly pursue a policy that will increase their own membership and voter base, at the expense of American workers who will suffer reduced wages due to an increased labor force that will continue to grow due to lax border security, and ultimately drive wages down for the average worker.

Once these persons are integrated into the labor pool, labor unions will use them to a demand payment of a “Living Wage,” and will use this as a focal point to unionize workers at companies like McDonalds and Wal-Mart. Meanwhile, the SEIU is already attempting to use its federal and state political connections to force unionize home health care workers — even those solely caring for their own family members! The SEIU, this Administration, and liberal state politicians believe since these workers are receiving payment from the government they are eligible to be unionized under President Kennedy‘s  Executive Order – 10988,  which allows federal employees to organize. However, the order says nothing about federal employees being forced unionized!

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Finally, as previously discussed in Is the IRS Employee Union Part of Obama’s Ground Game, conservative groups are being secretly investigated and attacked in an attempt to control elections and, more importantly, to control the media and the message which it delivers, which is essential to winning elections! The SEIU recently distributed an e-mail asking member support to Prevent the Koch Brothers from Acquiring the Los Angles Times, a paper vital to the support of the SEIU and the Obama Administration. As chronicled in The Devil at Our Doorstep, these are the same type tactics the SEIU utilized to have Glenn Beck and Republicans removed from FOX news!

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Unfortunately, these tactics are extremely effective. Media outlets like FOX News, whether liberal or conservative, are concerned about revenues. Despite utilizing phrases like “bold and unafraid,” at the end of the day, fear of lost revenues intimidates the media into toeing the union/Administration line! It was evident when FOX News unbelievably aired the SEIU’s Pro-Obama Immigration Commercial during the Hannity Show! The SEIU understands that 95% of businesses and employees will bow to the Persuasion of Power. When will the media grow some backbone and expose the SEIU and the Administration for what it truly is? Punching the bully in the nose it is worth the short term loss of revenues and profits as we work to reverse The Decline of American Exceptionalism!

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Putting “Teeth” in Right-To-Work

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

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

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

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

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

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

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

  1. Reinstate Secret Ballot Elections: Uphold the long standing belief in allowing people to vote their conscience through a “Secret Ballot Election” by inserting language that  requires all union representation be achieved by secret ballot conducted under the auspices of the National Labor Relations Board (NLRB). Currently Indiana State Senator Jim Banks has introduced such an Amendment to the Indiana state constitution and Virginia has already passed such a law (see New Employee Privacy and Union Voting Rights Laws in Virginia Go Into Effect July 2013).
  • Eliminate Check Off Clauses: Such clauses in collective bargaining agreements require unionized employers and government entities to deduct union dues from members paychecks and forward them to the union. These clauses are utilized by Big Labor through intimidation to force employees to remain part of the bargaining unit in RTW states. Unions should be required to be their own accountants and collect dues directly from the employees without third party involvement. In essence members would then have the ability to decide, just like in the free market, if the services/products they are receiving are worth paying for directly. This is no different than a person paying when satisfied for legal, real estate, investing, or other services/ products. It only makes sense, but is often a non-starter for Big Labor in contract negotiations (see Teachers Silenced by Teachers Union).
  • Eliminate Monopoly Representation and Outlaw Neutrality Agreements: In The Devil at Our Doorstep, I presented the following as the first two points in my “Ten-Point Plan to Battle Big Labor.”

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

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

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

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

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OSHA Opens New Door For Big Labor

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

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

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

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

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

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

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

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

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

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

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

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Big Labor Bosses Fear Employee Incentives

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

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

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

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

Big-Labor

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

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The Center for Independent Employees

I am writing to you as the owner of a company who has experienced terrible costs, both financial and emotional, of fighting a targeted union campaign. These campaigns are designed for the express purpose of force unionizing employees.  The unions that employ these tactics have no concern for the damage they cause. They target the employer, and utilize smear campaigns, and spread lies and deceit. They often include the filing of unsubstantiated complaints and regulatory actions, and directly interfere with the businesses customer relationships.  The goal of these campaigns is to cause chaos and disrupt the businesses operations, and ultimately to bring the business to its knees.

Unfortunately, my company, Executive Management Services, Inc., has experienced the intimidation of Big Labor on employer and employees as chronicled in my book The Devil at our Doorstep.  The events of the targeted attacks had a dramatic impact, not just on the organization, but on individual employees of EMS.

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Murderers and terrorists can get free legal aid in this country – but not independent employees.  I wish I could say that we could rely on Washington to level the playing field for independent employees who do not want a union.  What I can say is that this situation will not change anytime soon…. especially given the massive flow of money from unions into the political system.

Several like-minded experts in the labor field have created an organization that will bring great change to this gross inequity.  It is a non-profit called the Center for Independent Employees (CIE).  It provides free legal services to employees who are opposed to unions and is the only one of its kind in the nation.  I do everything I can to support their efforts.

For the last eight years CIE has quietly helped the employees of nearly sixty companies become union-free.  But we have only been able to address a small fraction of the problem.  This is NOT due to the lack of solid cases but rather the lack of funds and therefore the resources to take them on.

Please consider two things.  First, please visit the CIE website and learn more about this organization.  I have no financial association with CIE, but as a member of the CIE Advisory Board, I very much agree with its noble cause.  The need for an organization like CIE has never been greater.  Please learn a little more about CIE by going to www.finallyjusticeforall.com (the username is “cie” and the password is “cie”).

Second, I would like to ask you to consider making a tax-deductible donation to CIE.  CIE is a non-profit that relies on donations to continue their important work.  Your donation will be completely anonymous and any amount helps.  Our goal is to raise $2 million per year so that we can handle at least another 50 cases this year.

Click Here to Download the Contribution Form

Everyday we have opportunities to help independent employees.  For this reason, we will make ourselves available to answer any questions you might have about CIE.  Additionally, if you know of other company leaders who believe, like you, that independent employees should have representation, please let me know.  I can be reached at devilatmydoorstep@emsinc.com.  I look forward to hearing from you.  Thank you for your consideration of this most important enterprise.

Regards,

Dave Bego

Author, The Devil at Our Doorstep

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Special Interview – TheBlaze TV

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CLICK HERE to watch the Interview!

Tune in tonight at 7:00pm to see The Devil at Our Doorstep author Dave Bego in an exclusive interview with Andrew Wilkow featured on TheBlaze TV and TheBlaze.com.

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Available to TheBlaze.com subscribers and shown on DISH Channel 212.

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Union Conservatives – Workplace Freedom Celebration!

A night of Fun, Celebration, and Awards!!

Union Conservatives’ biggest fundraiser to date is also the biggest fundraiser event of the season!  Join us as we celebrate the first day freedom is ringing loudly throughout Michigan in workplaces everywhere!  Food and Drink to start; fun and awards to follow!

Event Info

Thursday – March 28th, 2013

6:00 – 7:00 p.m.  Cocktail Reception

7:00 – 9:15 p.m.  Awards Program & Keynote Speakers

Location:

Laurel Manor & Banquet Center
39000 Schoolcraft Rd., Livonia, Mi.  48150

Admission:

$25/person
$10/student
$20/union member  +  a free copy of “Liberating Labor

Tables and Sponsorships are available,  please call (734) 585-4901 for more information.

Book Signing by Dave Bego!!

Register today by clicking ‘here’ or go directly to: www.workplacefreedomcelebration.eventbrite.com

UnionConservatives.com 3-28 Event

Are you ready to celebrate the effective date of Michigan’s new Freedom to Work law?  Are you ready to help us thank some of the most influential people responsible for making Michigan a Labor Freedom state?  Cocktail reception, celebration, and award presentation – who could ask for more?

The effective date of the new law is March 28th, and that is the date we will be celebrating!!

Come join us as we welcome Mark Mix, President of the National Right to Work Committee, as he speaks about “The National Significance of Michigan becoming the 24th Right to Work state; Vinnie Vernuccio, Director of Labor Policy at The Mackinac Center for Public Policy, as he talks about what is happening now to protect workers who want to exercise their new rights and protections; and Dave Bego, author of “The Devil at Our Doorstep”  will recap his encounters with abusive tactics by unions called “corporate campaigns.”

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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
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