From the desk of Steve Cabot:

As we have expressed on other occasions, one of the most profoundly disturbing aspects of the Obama administration is its blatant contempt for the separation of powers mandated by the Constitution. In large ways and small, the executive branch has acted with utter disregard for long-established custom and the rule of law, showing no restraint in imposing its will in the relentless pursuit of its power-consolidating agenda.

A favorite tactic has become the use of arbitrary rule-making in areas clearly reserved for Congress. A major malefactor in this regard is the NLRB, acting more as an arm of the Obama administration than an independent agency created to arbitrate labor disputes and ensure workplace fairness.

A glaring example was the recent issuance of a rule with several odious provisions:

• The invasion of worker privacy through the forced turnover of personal contact information, including telephone, email and physical addresses.
• The denial of an employee’s right to “opt out” of being besieged by union organizers prior to an election, even at home.
• The authorization of “ambush elections,” forcing workers to decide on union representation within as few as 7 to 10 days, well short of the time necessary for management to present its case to workers.
• In a separate action, the NLRB authorized union bosses to cherry-pick small pockets of support in an organization and create “micro” bargaining units, thereby gaining a foothold in places where a large majority of workers might oppose unionization.

Congress is now the process of pushing back against these arbitrary rules using a provision of the Congressional Review Act called a Resolution of Disapproval. If enacted, this joint resolution will reverse these onerous regulations and reestablish the rights of employers and their workers.

With passage assured in the Republican-controlled House, it remains for the Senate to follow suit. The measure – S.J. Res. 36 – already has 45 co-sponsors and needs only a simple majority to pass. You must act now by calling your senators and urging them to vote YES on S.J. Res. 36.

Update, April 24, 2012:
Senate Democrats, joined by Sen. Murkowski (R-AK) defeated S.J.Res. 36 today by a vote of 54 – 45, in essence approving the NLRB’s usurpation of power. Sen. Sanders (I-VT) abstained.

afl-cio · cabot institute · card check · congress · Democrats · Labor Relations · National Labor Relations Board · organized labor · President Obama · s.j.res.36 · stephen cabot · unionization · Unions · workers

From the desk of Steve Cabot:

It has always suited union bosses to paint employers as privileged ogres getting rich off the backs of their workers. Envy and resentment are emotions easily stoked and manipulated, and Big Labor has been shameless in using “us/them” rhetoric to distract the rank-and-file from the real workplace abuses, namely their loss of individual rights.

Times are changing, however. Workers have begun to shake off their shackles and support measures restoring their liberty. One of the key pieces of legislation codifying these reforms is the Employee Rights Act (ERA), introduced in August 2011. The measure has been bottled up in committee by the Democrat majority in the Senate, but there appears to be a renewed groundswell of support for its passage, with at least 70% of union households now endorsing its key provisions. (See my September 2011 blog entry below for more specifics.)

While passage of an intact ERA is unlikely before this fall’s elections, supporters in Congress will attempt to attach individual elements to other legislation destined for a presidential signature. I’ll keep you posted on the latest developments as they unfold.

In other encouraging news, freedom of choice for employers and their workers got a big boost when Indiana became the 23rd right-to-work state, the first in the “rust belt” to do so. Unfortunately, the pushback against forced unionism has hit resistance elsewhere in union strongholds like Wisconsin, where the threat (and actuality) of recall elections has weakened the resolve of some reformers.

Whatever the political developments this year, however, we know the Obama administration will continue to push its anti-employer agenda – with or without constitutional authority. And should you find your organization needing assistance with any labor relations matters, I encourage you to call me directly on my cell phone (215-990-3423) or contact Georgetta McCabe, my administrative assistant, on her direct line: 800-655-2042.

afl-cio · cabot institute · card check · Democrats · employee rights act · era · Labor Relations · national labor relations act · National Labor Relations Board · organized labor · President Obama · stephen cabot · Unions · Wisconsin · worker rights

From the desk of Stephen Cabot:

While the news media has been focusing on public sector unions in Wisconsin and Ohio, the Obama administration has quietly encouraged the unionization of 45,000 airport screeners.
The Transportation Security Administrator, John Pistole, a pro-union advocate, has been lauded by federal unions, who have wanted to unionize airport screeners for many years.
This is an extraordinary development in light of the anti-public-union sentiment that has swept the county in the last few months.
As the Obama Administration and Democratic legislators gear up for the 2012 elections, they will surely enlist the vast armies of unionized workers to deliver their election victories. As we get closer and closer to 2012, we can expect to see ever-increasing pro-union directives emanating from the White House.

2012 · American people · cabot institute · congressional · Democratic Party · Democrats · economy · elections · government · Labor Relations · municpalities · nationally · presidential · public sector · senatorial · state · states · stephen cabot · Steve Cabot · Unions · White House · workers

From the desk of Stephen Cabot:

Throughout the country, public sector unions are campaigning for higher taxes as a means to prevent government cutbacks. From Oregon to New York and states in between, unions are waging ferocious fights to prevent states from balancing budgets by cutting expenses.

Unions, such as SEIU and AFSCME, are spending extraordinary sums to promote higher taxes as a means to prevent cutbacks that they feel will result in fewer members, lower amounts from union dues, and less money to spend on political campaigns.

In Oregon, the Oregon Education Association and the SEIU spent millions of dollars to pass ballot initiatives that ultimately raised business and income taxes by approximately $727 million.

In Arizona, unions were behind an effort that increased sales taxes from 5.6% to 6.6%, thus helping to raise one billion dollars.

In New York, the United Teachers union spent $750,000 to prevent the state from capping some of the highest real estate taxes in the nation. In fact, real estate taxes in New York State are so high that many middle class families and small businesses have left the state.

And so it goes from state to state, but it doesn’t stop there. It exists nationally as well. Unions give more money than do any other entities to the national Democratic party. And the purpose of their giving is no different from their state-by-state donations: generous donations to congressional, senatorial, and presidential campaigns require a payback, And that payback is legislation that will increase wages and benefits for public sector workers by raising taxes. Public sector unions benefit; public sector workers benefit. And the American people, their states and corporations foot the bill. The American people, who are not members of public sector unions, are the victims of a vicious cycle of union-government-union actions that are increasingly injurious to the health of the American economy.

AFSCME · American people · cabot institute · congressional · Democratic Party · Democrats · economy · government · Labor Relations · municpalities · nationally · presidential · public sector · SEIU · senatorial · state · states · stephen cabot · Steve Cabot · Unions · workers

From the desk of Stephen Cabot:

According to an article in The Wall Street Journal (www.wsj.com), the Service Employees International Union, which presently has 2 million members, intends to launch a major offensive against corporate America that will “peak in the summer of 2012.”

The Union intends to recruit new members to its ranks in 10 to 15 major American cities, including Cleveland, Milwaukee, Miami, and Detroit. Its recruitment efforts will take place at political primary events, town hall meetings, and other gatherings. No doubt, its focus will be at Democratic Party events, for the SEIU is a stalwart contributor to Democratic candidates. In the last presidential election, the SEIU spent $70 million! It is reportedly prepared to spend tens of millions of dollars on its aggressive new recruitment efforts.

Many of its members are public sector workers who will receive inordinately large pensions upon their retirement, which will further contribute to the near bankruptcy of states. The Union, obviously, hopes to defeat any legislative measures that will curtail the size of those tax-payer funded pensions. Hence, its forthcoming efforts to beef up its membership rolls and deliver the maximum number of votes to its Democratic allies in 2012.

It is essential that both legislators and Corporate America prepare effective survival strategies to defeat the deleterious efforts of the SEIU. If not, public service pensions will indeed bankrupt one state after another leading to financial devastation throughout the land.

2012 · cabot institute · Cleveland · corporate america · deficits · Democratic Party · Democrats · Detroit · economy · jobs · Labor Relations · Miami · pensions · public service employees · public service workers · SEIU · Service Employees International Union · stephen cabot · Steve Cabot · The Wall Street Journal · unionization · Unions · United States · workers · wsj

From the desk of Stephen Cabot:

The National Labor Relations Board (NLRB) has threatened to sue four states for ensuring that workers can enjoy a basic democratic right to cast secret ballots when it come s to the possibility of unionization. The four states, South Dakota, South Carolina, Arizona, and Utah, have mandated the use of secret ballots in union elections.

The NLRB has made the Alice-in-Wonderland assertion that secret ballots violate federal law. Though Congress has refused to pass the Employee Free Choice Act that would have permitted unions to coerce workers into signing “card checks” to ensure union representation, the NLRB has repeatedly looked for opportunities to present unions with opportunities to impose the use of “card checks” on workers, who may not want to join a union.

Indeed, the most effective tactic that workers have against forced unionization is the secret ballot. No union organizer gets to coerce, embarrass, or intimidate a worker to join a union when the workers’ preferences are made oblique by casting secret, anonymous ballots.

We back the efforts of Minnesota Republican Representative John Kline to amend the National Labor Relations Act (NLRA) with the passage of the Secret Ballot Protection Act. While the Republican dominated House of Representatives very well may pass the amendment, the Democrats in the Senate will not pass it. Corporate America, therefore, will have to wait until the election of 2012 to be delivered from the high-handed, pro-union actions of the NLRB. Meanwhile, it is essential that corporations put in place survival strategies that prevent labor relations problems before they arise.

amendment · cabot institute · card check · card checks · corporate america · Democrats · EFCA · Employee Free Choice Act · John Kline · Labor Relations · mandate · mandates · national labor relations act · National Labor Relations Board · nlra · nlrb · Republicans · stephen cabot · Steve Cabot · union · unionization · Unions

From the desk of Stephen Cabot:

The National Labor Relations Board (NLRB) has threatened to sue four states for ensuring that workers can enjoy a basic democratic right to cast secret ballots when it come s to the possibility of unionization. The four states, South Dakota, South Carolina, Arizona, and Utah, have mandated the use of secret ballots in union elections.

The NLRB has made the Alice-in-Wonderland assertion that secret ballots violate federal law. Though Congress has refused to pass the Employee Free Choice Act that would have permitted unions to coerce workers into signing “card checks” to ensure union representation, the NLRB has repeatedly looked for opportunities to present unions with opportunities to impose the use of “card checks” on workers, who may not want to join a union.

Indeed, the most effective tactic that workers have against forced unionization is the secret ballot. No union organizer gets to coerce, embarrass, or intimidate a worker to join a union when the workers’ preferences are made oblique by casting secret, anonymous ballots.

We back the efforts of Minnesota Republican Representative John Kline to amend the National Labor Relations Act (NLRA) with the passage of the Secret Ballot Protection Act. While the Republican dominated House of Representatives very well may pass the amendment, the Democrats in the Senate will not pass it. Corporate America, therefore, will have to wait until the election of 2012 to be delivered from the high-handed, pro-union actions of the NLRB. Meanwhile, it is essential that corporations put in place survival strategies that prevent labor relations problems before they arise.

2012 · Arizona · cabot institute · card check · card checks · Democrats · EFCA · election · elections · Employee Free Choice Act · House of Representaives · John Kline · Labor Relations · mandate · mandates · National Labor Relatiions Board · national labor relations act · nlra · nlrb · organized labor · organizers · Republicans · Senate · Senators · South Carolina · South Dakota · stephen cabot · Steve Cabot · uniionization · Unions · Utah

From the desk of Stephen Cabot:

UNITE HERE, the union for service workers, wants the Democratic National Committee to choose a city for its 2012 convention that has mostly unionized hotels. Neither Cleveland nor Charlotte, North Carolina meets that criterion. Thus, UNITE HERE has demanded that those two cities be removed from consideration.
As the biggest funders of the Democratic Party, unions have the power to decide where the party’s national convention will be held. In 2010, organized labor reportedly spent more than $171 million to help the party elect Democrats to both houses of Congress. While that is certainly a large sum of money, it didn’t serve to convince most voters to vote Democratic; however, it did give the unions more than a mere voice in Democratic political decisions. In other words, the Democratic Party owes unions big time.
And though North Carolina is a political swing state that the Democrats hope to win in 2012, it is also a right-to-work state. The Democrats must decide whether to put North Carolina’s electoral votes in jeopardy, or whether to alienate UNITE HERE.
Such a dilemma is predictable when a political party sells itself to a single special interest group rather than considering the overall good of the county. The Democrats are locked in a deadly embrace with organized labor, one that the majority of Americas find repugnant and economically destructive.

cabot institute · Charlotte · Cleveland · convention · Democrat · democratic · Democrats · hotel · hotels · Labor Relations · North Carolina · organized labor · political party · politics · Right to Work · stephen cabot · Steve Cabot · unionization · Unions · UNITED HERE · workers

From the desk of Stephen Cabot:

The fight to pass card check legislation has stalled in congress, much to the anger and dismay of organized labor. It, therefore, turned its efforts to individual states, such as Massachusetts, New Hampshire, and Oregon, which have passed card check legislation, permitting union organizers to bypass secret ballot elections and increase union membership. More than ten states have now passed legislation permitting the use of card checks. The use of card checks invites union intimidation, harassment, and coercion, not just to employees, but also to their families.

In response to the actions taken by those ten states, four other states have proposed legislation to maintain secret ballot elections. The four states are Arizona, South Carolina, Utah, and South Dakota. To ensure that workers cannot be coerced by union organizers into signing cards declaring they want to be represented by unions, North Dakota, for example, is proposing an amendment to its state constitution that in union elections “the fundamental right of the individual to vote by secret ballot election be protected.”

Unions and their pro-union political allies fail to admit that unionization has been a disaster for their states. Over the last ten years, pro-union governors have witnessed their states’ employment decrease by 2.8%. Right-to-work states, however, have enjoyed a 3.7% increase in employment over the same period!

card check · card checks · congress · democratic · Democrats · governors · labor legislation · law · legislation · organized labor · organizers · pro-union · states · states rights · stephen cabot · Steve Cabot · Unions

From the desk of Stephen Cabot:

Democratic law makers in California have attempted over and over again to alter the state’s labor law to benefit farm workers and reduce the rights of farm owners and managers. They introduced a bill, SB1474, that would have required the state’s Agricultural Labor Relations Board to declare an immediate union victory if employers corrupted the outcome of a union organizing election. (Who would make such a determination? Unions who lose those elections?)
Wielding his mighty pen, Gov. Arnold Schwarzenegger, the Terminator, vetoed the fifth attempt to pass such a bill. For Democrats the Governor is Conan the Destroyer, but for those who understand that unions are an obstacle to economic recovery, the Governor is the Last Action Hero.
The Governor rightly stated that the bill attempted to tilt the labor relations playing field in favor of unions; thus, it would not improve upon the current secret-ballot system. Indeed, it would serve to call into question the validity of secret-ballot elections. The governor may no longer be Pumping Iron, but he is still maintaining a strong, vigorous stance against radicals who want to subvert secret ballot elections and injure Corporate America.

agricultural · agrucultural workers · Arnold Schwarznegger · board · cabot institute · California · conan · Democrats · farm · farm workers · farmers · labor · Labor Relations · last action hero · managers · owners · pumping iron · stephen cabot · Steve Cabot · terminator · Unions · workers