Tag Archives: Unite Here Local 355 vs. Mulhall

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

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

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

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

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

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

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

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

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

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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

“The Devil at My Doorstep” Introduced to the Supreme Court

This past Friday my first book, The Devil at My Doorstep, was introduced as evidence in a briefing to the United States Supreme Court in the case of Unite Here Local 355 vs. Mulhall (see pages 29-30). The Devil at My Doorstep’s importance is in chronicling the SEIU’s efforts to utilize tactics known as a Corporate Campaign to force the Company to sign a Neutrality Agreement to circumvent a secret ballot election and, ultimately, to force unionize employees.

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This brief was filed by attorneys at the law firm of Ogletree, Deakins, Nash, Smoak & Stewart on behalf of the Council on Labor Law Equality. The case represents major exposure at a national level to Big Labor for their use of the tactics of “Death by a Thousand Cuts” in their corporate campaign strategies. These strategies are tactics utilized by labor unions against employers (and their employees) every day across this great country, in an effort to force unionize employees. This is being done in a desperate attempt to reverse the Gasping Dinosaurs declining membership roles, in an effort to save them from ultimate extinction. Big Labor is none to happy about this case, nor about the evidence presented in The Devil at My Doorstep and other sources. The AFL-CIO understands how important this case is. While claims in their brief to the Supreme Court are often over-the-top (claims that such a decision would “criminalize arbitration” and “gut” recognitional picketing, for example), the importance of the case is well understood. Indeed, other labor unions, including the Service Employees International Union, are reportedly furious that Unite Here is pursuing this action at the Supreme Court. They understand the dramatic impact an adverse decision could have on their ability to force organize employers and their employees.

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In our case, we were ultimately successful in communicating to the appeals court, the NLRB and to clergy members who initially spoke out against us, as documented in the updated The Devil at Our Doorstep, that the representations and tactics of the union were wrongful.  I cannot help but feel that perhaps the word is out. Perhaps the tide is truly turning. Big Labor and its allies are facing increased scrutiny. President Obama’s radical recess appointments to the Rogue NLRB, who are trying to provide big labor Card Check through Regulation vs. Legislation, were found unconstitutional. NLRB administrative law judges are turning their backs on the general counsel’s tendency to pressure companies through prosecution (see Third Judge in a Month Blasts NLRB General Counsel’s Prosecutorial Conduct). Now, this potentially historic case is before the U.S. Supreme Court, where the court has a real Opportunity to Protect Individual Freedoms!

Big Labor is on its heels. A decision against Big Labor in Unite Here Local 355 vs. Mulhall could very well spell the end for Big Labor’s corrupt Death by a Thousand Cuts coercion tactics and, ultimately, for the Gasping Dinosaurs themselves!

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