Friday, April 9, 2010

A RADICAL NLRB THREATENS CORP AMERICA

It is no secret that a Democratic majority on the National Labor Relations Board would favor unions. If one of those is a former union lawyer who believes that the Employee Free Choice Act should become law, the putative impartiality of the NLRB could be abrogated with the stroke of a pen.

Craig Becker, who was appointed to the Board by President Obama during the spring recess of Congress (an action known as a presidential recess appointment), will decidedly and perhaps aggressively tilt the Board to an unfair and dangerous pro-union position.

Mr. Becker, who was a top lawyer for the Service Employees International Union (SEIU), and Democrat Mark Pearce, will give the Board a three-vote Democratic majority. There had been just one Democrat and one Republican on the Board prior to the appointments of Becker and Pearce. The Board should have five members.

Many in Corporate America as well as students of labor relations and pro-management attorneys believe that the newly composed Board will act to affirm a pending petition that would require employers to bargain with unions that represent less than a majority number of any employer’s workers. In addition, it is also believed that the Board will vote to shorten the period of time from when an organizing petition is accepted by the Board and when a vote is held. While the Employee Free Choice Act may be doomed in Congress, the acts of the NLRB could now advance the mission of unions so that more and more workers become unionized and labor costs skyrocket. It is essential, therefore, that Corporate America invests in strategic action plans for union avoidance as well as plans to achieve decertification of unions already in place.

A dark cloud is hanging over Corporate America, and only if it implements a pro-active battle plan will the sun shine again on our traditional free enterprise system.

Thursday, April 1, 2010

WOULD THE PRISONERS GUARD THEMSELVES?

From the desk of Stephen Cabot:

When referring to illogical situations, it has often been said that the prisoners are running the prisons, the inmates are running the asylums, the foxes are guarding the hen houses.

Such a situation was successfully avoided at a prison in Chester County, Pennsylvania.
The Teamsters Union, ever on the look out for possible new members, had attempted to organize the Chester County Prison correction officers. The officers, ever vigilant of their responsibilities, voted 155 to 35 against forming the Chester County Corrections Officers Independent Union, which – had it succeeded – would have been allied with the Teamsters.

One can only imagine what would have occurred in the prison, if –at some future time – unionized corrections officers would have be unable to reach an agreement with the warden and the county. Would the officers have felt obliged to go out on strike? Would certain prisoners be given the responsibility of guarding their fellow prisoners?

The fact that the corrections officers believe that they can negotiate on their own, without the normal threats that unions often bring to the bargaining table, says much about their apprehension of realism and their sense of responsibility. They are to be commended for putting professional responsibilities ahead of personal interests.

The adversarial relationships that so often characterize the bargaining between management and workers have proven to be counterproductive and should be tossed onto the ash heap of labor relations history. It has proven utterly injurious to the economic health of the country.