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:

Since the soothsayer’s warning to Julius Caesar, the Ides of March has carried a dark connotation of doom and betrayal by someone close – a trusted advocate or ally. And that’s what came to mind as I read several items within the past week which highlighted the increasing divergence between the priorities of Organized Labor and the workers they claim to represent.

Here we are, still mired in the worst economic times since the Great Depression, and what do we hear from the union bosses – words of concern and a willingness to work with management to save jobs and build productivity? Not even close.

In a recent interview, AFL-CIO president Richard Trumka spelled out his commitment to partner with radical (which he calls Progressive) political action groups to push the Far Left agenda of this administration. These are ideologically-driven efforts utterly disconnected with – and often in direct opposition to – the well-being of the American worker.

Is it any surprise, then, that employees – at least in the private sector – are questioning the value (and values) of their union leaders?  They see the abuses, the pointlessly confrontational attitude toward management, the unauthorized allocation of dues to political purposes antithetical to their interests, the intimidation in organizing elections, and the general hijacking of their rights. And increasingly, they don’t like it.

But out of this disillusionment has come great opportunity. For years, the Cabot Institute has believed in – and counseled clients to embrace – a WIN/WIN approach in the workplace, one that sees employees as partners, not pawns. One that rejects us/them in favor of a true shared vision.

And today, more than ever, we are seeing the fruits of this philosophy. I encourage you to reach out to discuss the specific ways we can assess your situation and suggest the best strategies going forward. You can call me directly on my cell phone (215-990-3423) or contact Georgetta McCabe, my administrative assistant, on her direct line: 800-655-2042.

cabot institute · Employee Free Choice Act · Labor Relations · National Labor Relations Board · organized labor · President Obama · richard tromka · Right to Work · Steve Cabot · Wisconsin

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 Steve Cabot:

I wasn’t too surprised when Organized Labor decided to throw in with the motley mobs currently laying siege to cities across the country. After all, they have a lot in common. The anti-capitalist, redistributionist rhetoric coming from the agitators is standard fare at union rallies, and the paramilitary tactics of intimidation, disruption, and forcible occupation of public and private property are right out of the SEIU handbook.

The truth is, this is a natural – if unholy – alliance:  the demonstrators want to weaken corporations and demonize profits, and the labor unions are more than happy to provide logistical and financial assistance as a means of building their own public support and political power. For them, this is simply another step toward their goal of reestablishing workplace hegemony.

This is an ongoing saga, one with significant long-term implications. If you’re interested in learning more about the state of Organized Labor today and its impact on our economy, I invite you to read a compelling special report just released by Human Events entitled, “The Big Labor Stranglehold:  Killing Jobs & Hurting America.” Written by Dr. Carl F. Horowitz, project manager for the National Legal and Policy Center, this 26-page report looks beyond the well-publicized but misleading statistics about declining union membership and documents the strategies, goals, impact, and prospects of Big Labor in America.

To receive your complimentary copy, simply click here or on the image below to go to the Human Events website. Once you register, a pdf version of the report will be sent directly to the email address you specify.

For assistance with any labor relations issues, I encourage you to call me on my cell phone (215-990-3423) or contact Georgetta McCabe, my administrative assistant, on her direct line: 800-655-2042.

cabot institute · Employee Free Choice Act · human events · Labor Relations · national labor relations act · National Labor Relations Board · nlrb · occupy wall street · organized labor · President Obama · Right to Work · SEIU · Service Employees International Union · special report the big labor strangehold · unions killing jobs · Washington · Wisconsin · workers

From the desk of Steve Cabot:

With his Congressional rubber stamp privileges revoked by the decisive loss of the House of Representatives last November, President Obama continues to use the rule-making and regulatory powers of the Executive Branch to work his will on employers.  He seems emboldened by the push-back from the American people, and is doubling down on his efforts to “transform” the country in his remaining time in office.

Previously, we described how the Democrat-dominated NLRB recently proposed rules which would significantly impact management’s ability to makes its case leading up to a union ratification election. Now it’s the Department of Labor which has stepped in to influence and intimidate employers who seek advice from outside attorneys and consultants (officially known as “persuaders”) as they prepare for these elections.

Specifically, the DOL has proposed a rule related to the reporting requirements under Section 203 of the Labor-Management Reporting and Disclosure Act of 1959, which would broaden “advice” to mean any “oral or written recommendation regarding a decision or course of conduct.” The rule stipulates that both the company and its consultants must open their books to report any of the newly-covered activities – and, even more intrusively, the details of any compensation involved.

As usual, the devil is in the details, as found in the language of the rule:

“For example, persuader activities may additionally include: Training or directing supervisors and other management representatives to engage in persuader activity; establishing anti-union committees composed of employees; planning employee meetings; deciding which employees to target for persuader activity or discipline; creating employer policies and practices designed to prevent organizing; and determining the timing and sequencing of persuader tactics and strategies.”

The rule goes on to state that even “union avoidance” seminars and conferences offered by lawyers or labor consultants to employers will constitute “reportable persuader activity.”  The proposed rule was  published on June 21, 2011, in the Federal Register. Public comments can submitted until August 22, 2011.

Cabot Institute for Labor Relations · consultant disclosure · corporate america · Department of Labor · employer disclosure · Labor Relations · new rule · organized labor · persuader advice · President Obama · section 203 lmrda 1959 · stephen cabot · Steve Cabot · union elections · union organizers · unionization · Washington

From the desk of Stephen Cabot:

If there was ever any doubt that the Obama Administration is pro-union, that doubt can now be extinguished. The President’s National Labor Relations Board (NLRB) has stated it wants all companies to post notices and perhaps even disseminate e-mails informing employees of their right to join unions.
So determined is the administration to do big labor’s bidding that this is the first time since the passage of the National Labor Relations Act in 1935 that the NLRB has demanded that employers post such a pro-union notice.
Organized labor, which supported the election of President Obama to the tune of tens of millions of dollars, has been frustrated that congress has not passed the Employee Free Choice Act (EFCA). As a result, the NLRB has been diligently working to enhance opportunities for unions to organize the workers of as many companies as possible. This latest move by the NLRB is just one of many acts designed to promote the ongoing unionization of American workers.

administration · American · cabot institute · congress · EFCA · Employee Free Choice Act · Labor Relations · national labor relations act · National Labor Relations Board · nlra · nlrb · organized labor · President Obama · stephen cabot · Steve Cabot · unionization · Unions · workers

From the desk of Stephen Cabot:

Now that President Obama has lost his Democratic majority in the House of Representatives, he will only be able to satisfy the demands of his union backers by resorting to pro-labor executive orders.

To begin, the Labor Office of the Solicitor has issued an aggressive operating plan to increase pressure on employers. The plan includes a proposal to send strong warnings to employers that the Department of Labor will increase litigation efforts to bring about the results it seeks. It also intends to use the public arena to shame employers.

To further pressure and disrupt the operation of companies, the DOL intends to engage in “enterprise-wide enforcement,” which means that it will target multiple work sites with multiple enforcers, so that officials from the wage and hour division and OSHA, for example, will arrive at workplaces in tandem. And is if that would not be sufficiently problematic, the required remediation period will be significantly truncated.

Rather than just using fines to force compliance, the DOL now intends to utilize court injunctions to bring about immediate resolutions. And if necessary, it will also seek out companies that can serve as test cases. Such test cases are meant to serve as warnings to Corporate America.

To coincide with the DOL’s new aggressive policy, the Administration has established a passive policy regarding unions, for it has cut funding for the Office of Labor-Management Standards (OLMS), so that there will be fewer officials to investigate union malfeasance, such as defalcations and kickbacks. Along with cutbacks, the DOL has rescinded an order which had required unions to report transparently about its bank accounts, especially its strike funds.

While union transparency that existed during the last Bush Administration will now be cloaked in governmental darkness, an intense beam of abuse will be focused on Corporate America, which will serve to reduce productivity and profitability.

Bush Administration · cabot institute · court injunctions · democratic · Department of Labor · DOL · employers · House of Representatives · Labor Office of Solicitor · Labor Relations · Office of Labor Management Stanards · OLMS · organized labor · OSHA · President Obama · stephen cabot · Steve Cabot · Unions · wage and hour

From the desk of Stephen Cabot:

Recently, the Federal Labor Relations Authority (FLRA) decided to permit airport security screeners to vote for union representation. And not only can they vote for such representation, but they have a choice of voting for one of two powerful unions, each of which is waging expensive campaigns to win the right to represent the screeners. The two unions are the American Federation of Government Employees (AFGE) and the National Treasury Employees Union (NTEU).
In its high priced battle to win the right to represent the security personnel, AFGE has placed a 25-foot advertisement at Boston’s Logan International Airport, which features an endorsement from AFL-CIO. AFGE is a member of the AFL-CIO, while NTEU is an independent union and so does not merit AFL-CIO support.
There are currently 50,000 transportation security personnel who will be permitted to vote. That will represent the largest single election by federal workers.
And all of this comes at a time when the vast number of Americans and their congressional representatives want to control the ever-increasing compensation of federal employees which averages twice the salaries paid to equivalent private sector employees.
Regardless of which union wins, the American people will lose, for unionized security personnel will have significant leverage over the economy. If, for example, its members decide to stage a walkout during contract negotiations, they could close down every airport in the United States. The economy would be put on hold, and our current recession would only worsen. One need only recall the effort by the air traffic controls to close down the country’s airports in the 1980s. President Reagan fired the strikers and avoided an economic meltdown. One can hardly expect such decisive action from President Obama who has appointed pro-union advocates to the NLRB.

air traffic controllers · airport security personell · airports · american federation of government employees · authority · boston · federal employees · federal labor relations · federal workers · FLRA · Labor Relations · logan airport · national treasury employees union · nlrb · nteu · organizers · President Obama · president reagan · stephen cabot · Steve Cabot · unionization · Unions

From the desk of Stephen Cabot:

While the political and ideological composition of Congress was dramatically altered by the election on Tuesday, the composition of the National Mediation Board remains the same. It is decidedly pro-union and dominated by President Obama’s ideological allies

The Board had recently made it easier for unions to organize air carriers by altering a rule of the Railway Labor Act so that fewer workers need to vote in favor of union representation than had been previously required.

And while Delta Airlines employees wisely rejected union representation after doing a side-by-side comparison of union and non-union benefits. (Unionized employees would have received lower salaries than non-unionized employees!).
Unions, however, have not been discouraged by the employees’ rejection of unionization at Delta. In fact, organizing drives at numerous small regional carriers have begun, and the momentum of those efforts is rapidly increasing, fueled by the NMB’s decision to encourage such actions.
A portentous example is one that has occurred at small Allegiant Airlines, where a majority of nonunion flight attendants have petitioned the National Mediation Board for an election to choose representation by the Transport Workers Union of America (TWUA).
That is just one of many organizing drives that have begun and will continue over the next two years. While Corporate America has won a major battle by electing many Republicans to Congress, it still has a war to win, if it’s going to change the pro-union agenda that currently exists in the Obama Administration. The election of 2012 could be the one that gives Corporate America a conclusive victory.

air carriers · airlines · Allegiant Airlines · cabot institute · congress · corporate america · Delta · employees · flight attendants · Labor Relations · national mediation board · nmb · Obama Administration · organizing drives · President Obama · Railway Labor Act · Republicans · stephen cabot · Steve Cabot · Transport Workers Union · TWUA · unionization · Unions

From the desk of Stephen Cabot:

President Obama’s recess appointment of Craig Becker to the National Labor Relations Board (NLRB) drew immense amounts of criticism from corporate America, for Becker had been an attorney for the Service Employees International Union (SEIU) and his objectivity and sense of fairness were called into question.
Now Mr. Becker is living up to corporate America’s suspicions. He wants to overturn the 2007 Dana decision. What is the Dana decision?
When the NLRB comprised less ideological members than it does now, it had decided that card check was not only inferior to secret ballot elections; it also stated that when a company recognizes union representation of its workers via card check, the workers have a subsequent right to a secret ballot election to determine if they freely chose union representation or if they were coerced into their choice.
True to form, Mr. Becker not only suggested that the NLRB can impose card checks on corporate America without the approval of congress, but he and his fellow board members, in a 3-2 decision, have agreed to revisit the Dana decision. The Wall Street Journal (www.wsj.com) reports that “[Mr. Becker] filed a brief for the AFL-CIO in the original Dana case, arguing that there is no essential difference between card check and secret ballots and calling Dana-style protections ‘bad labor-relations policy.’ Mr. Becker is clearly biased against Dana…and should not rule on it.”
We absolutely agree and urge the forthcoming Republican congress to make Dana the law of the land. It’s good for workers, for corporate America, and for the U. S. economy.

afl-cio · cabot institute · craig becker · Dana · Dana decision · employees · Labor Relations · National Labor Relations Board · nlrb · President Obama · SEIU · Service Employees International Union · stephen cabot · Steve Cabot · Unions · worker · workers