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.

PRESIDENT OBAMA PLAYS THREE CARD MONTE AT THE NLRB

From the desk of Stephen Cabot

The National Labor Relations Board needs a quorum of three. If President Obama hopes to enact his pro-union agenda, he will need to have another pro-union advocate on the NLRB. He won’t say who is the pro-union advocate; he won’t even say that there is a pro-union advocate.

But as the names are flipped from hand to hand, one name keeps turning up. And if you guessed Craig Becker, you would be right.

According to The Wall Street Journal (www.wsj.com) “In a 1993 Minnesota Law Review article [Becker] said that the ‘core defect in union election law…is the employer’s status as a party to labor representation proceedings’ and that ‘employers should be stripped of any legally cognizable interest in their employees’ election of representatives.’”

If an NLRB member believes that employers should not be permitted to educate their employees about he disadvantages of unionization, he can hardly be considered a fair minded adjudicator of labor issues.

Yet, according to Senator Tom Harkin, President Obama will appoint Craig Becker to the NLRB during the Easter recess. It’s called a recess appointment, and it’s an end run around the Senate. No votes are required.

With his pro-union advocates on the NLRB, President Obama will have won his three card Monte game, for no matter which member Corporate America appeals to, the results will always favor the union.

ONCE AGAIN A UNION HURTS WORKERS & CORPORATE AMERICA

In DeWitt, New York, Magna’s Power Train division decided that the installation of surveillance cameras was an appropriate undertaking. Keeping tabs on workers’ productivity is a responsibility of management. Not according to the UAW. It said that the cameras should not have been installed without first consulting with the union. This is one of numerous union generated complaints against Magna.

Because of the barrage of union complaints and because workers repeatedly rejected contract changes, Magna has decided that it will close one of its divisions. Work from Magna’s New Process Gear plant has now been transferred to other Magna facilities and to a factory in Mexico. That means that 112 workers will lose their jobs.

This is just another example of why the majority of Americans regard unions as an obstacle to their economic well being. As companies, such as Magna, close plants and send manufacturing to foreign lands, workers will suffer, Corporate America will suffer, and America’s role as an economic powerhouse will diminish while the economies of other countries, such as China and India, continue to grow. It’s a sad commentary on the state of management labor relations in our time.

WILL DOC BURNSTEIN'S ICE CREAM MELT?

In the town of Santa Maria in California, there is a popular ice cream shop: Doc Burnstein’s Ice Cream Lab. Doc’s is not General Motors nor is it Ford. It is not Pepsi nor is it Coca Cola. It is a small establishment run by its founder, Greg Steinberger.

It seems that the United Brotherhood of Carpenters and Joiners of America Local 150 is not pleased with Doc’s. On the other hand, the carpenters’ union is not popular with the local Tri-Counties Building and Construction Trades Council, nor is it popular with the AFL-CIO. It has disassociated itself from both groups.

Member of the carpenters’ union have been protesting outside Doc’s Ice Cream Lab since October 2009, because they believe that the ice cream shop used non-union workers to expand the size of the store.

According to the Santa Maria Times: “People hired by the United Brotherhood of Carpenters Local 150 of Camarillo have been holding a banner outside Doc Burnstein’s Ice Cream Lab on the belief the Arroyo Grande business hired a nonunion contractor to build out its space in the Santa Maria Town Center, a job the union wanted. However, Doc Burnstein’s is not paying for the drywall work; it is paid for by the mall. Steinberger said the National Labor Relations Board, which oversees union activities, believes the protest in Arroyo Grande violates the National Labor Relations Act by being [sic] actions against a third party. He filed charges against the union with the NLRB, but those charges are awaiting final review by the board.”

This is just another example of a union victimizing a small business. It is no wonder why the vast majority of Americans believe that unions are an obstacle to the success of the country and its entrepreneurs who create small businesses and provide employment to millions of workers.

AN OVERLOOKED ELEMENT IN THE GREAT MASS UPSET

According to various polls, most Americans believe that unions have often been an obstacle, standing in the way of American companies being able to compete with foreign-based and non-union companies. One need only look at the sorry state of GM.

In addition, Americans have not voiced approval for President Obama’s pro-union activities, such as attempting to staff the NLRB with pro-union advocates and cozying up to the leaders of the Service Employees International Union and the AFL-CIO. Leaders of both unions have been frequent visitors to the White House.

Though many commentators noted Senate candidate Martha Coakley’s gaff about the Boston Red Sox, there was also another element responsible for her loss to Senator Scott Brown. Seemingly unaware of public sentiment about unions, Ms. Coakley announced during her campaign that she supported the Teamsters’ efforts to organize the workers of FedEx. She stated that she supported the Express Carrier Employee Protection Act. "As someone deeply committed to ensuring a level playing field for our workforce, I am pleased to support this legislation that will end FedEx's unfair ability to deny workers' rights," stated Ms. Coakley. She didn’t, of course, state that consumers are pleased with the services that they get from FedEx. Furthermore, she did not state that many FedEx drivers prefer the opportunity to own their own routes, be their own bosses, buy additional routes, and enjoy the opportunity of earning as much money as their ambitions and energies permit. By accepting union support and not balancing that with the sentiments of the electorate, she self-destructively hammered another nail into her own political coffin.

Driving around during the campaign in his pick-up truck, Scott Brown seemed to voters as independent and as free of union influence as FedEx drivers. It’s just another reason why Massachusetts voters went to the polls to express their own independence. Being a union stooge is no way to run for political office.

SENATOR McCAIN TAKES A STAND

As we reported last week, President Obama continues to pack the NLRB with pro-union advocates. We cited the recent example of Craig Becker, a union lawyer, as well as numerous others. Now Senator John McCain has announced on the floor of the Senate that he will block Mr. Becker’s appointment to the NLRB.

Senator McCain has reiterated what we have claimed that Mr. Becker will support unions at the expense of Corporate America and will likely curtail its free speech. Mr. Becker’s articles indicate that he would restrict the rights of employers to present pro-management arguments to their employees during union organizing drives. As an associate general counsel for the Service Employees Union, one of the most aggressive unions in the country, Mr. Becker has been a dedicated advocate of the union’s agenda.

In a 1993 Minnesota Law Review article, Mr. Becker argued that "employers should be stripped of any legally cognizable interest in their employees' election of representatives. Employers should have no right to raise questions concerning voter eligibility or campaign conduct.

"Because employers lack the formal status either of candidates vying to represent employees or of voters, they should not be entitled to charge that unions disobeyed the rules governing voter eligibility or campaign conduct.”

Such arguments obviously favor unions over corporations; yet, the NLRB should be an unbiased, objective body that rules on existing laws and regulations.

We agree with the point of view expressed in a letter that Jay Timmons, Executive Vice President of the National Association of Manufacturers, sent to Senator Tom Harkin. To wit: "Mr. Becker has espoused extreme positions far outside mainstream thought on how our nation's labor laws should be interpreted."

It is imperative that the senate votes to maintain the integrity of the NLRB by maintaining a level playing field for both management and workers. We believe that is what Senator McCain is attempting to accomplish, and we applaud his effort.

PACKING THE NATIONAL LABOR RELATIONS BOARD

As we have reported numerous times, President Obama continues to work diligently to reform the composition of the National Labor Relations Board by nominating as many pro-labor advocates as the law allows. He has been supported by numerous unions, each of which has been lobbying not only for the addition of pro-union officials to the board, but also for the passage of pro-union legislation, such as the Employee Free Choice Act, which will make it easy for union organizers to sign up new members.

Now, one of America’s foremost business groups, The American Chamber of Commerce, has raised an important and well-reasoned objection to one particular nomination, that of union lawyer, Craig Becker.

The Chamber has made public a letter to senators that outlines why Mr. Becker should not be put on the Board.
“Mr. Becker has written prolifically about the National Labor Relations Act, the law he will be charged with interpreting and enforcing should he be confirmed. Many of the positions taken in his writings are well outside the mainstream and would disrupt years of established precedent and the delicate balance in current labor law.”
The Chamber also raised objections to the way Mr. Becker might restrict the free speech rights of employers, particularly during union organizing efforts. Conversely, the Chamber is concerned that Mr. Becker would extend the ability of union organizers to have increased access to workers during those same organizing efforts. While employers’ rights would be curtailed, the rights of union organizers would be greatly expanded.
Altogether, Corporate America will be driven to a position where it will be significantly more vulnerable to intensely aggressive union organizing tactics than at any time since the 1930s.

Call It a Politburo for Unions

The National Labor Relations Board, comprising five members, will soon be supervising union elections from a decidedly pro-union viewpoint. Two newly nominated members of the Board, Mark Pearce and Craig Becker, along with Chairwoman Wilma Liebman are expected to provide rubber stamp approvals in support of unions.

The president of the AFL-CIO, John Sweeney, has endorsed t the new nominees, stating that they are aware of “the need to restore balance” to the Board. Business groups, such as the U. S. Chamber of Commerce, do not agree and, indeed, have misgivings about what will be in store for Corporate America.

Among the questions the Board will respond to are the following: Who is entitled to join a union? Can unions use e-mail solicitations in organizing efforts? What constitutes tactics of intimidation? One can expect the answers to those and other questions to favor unions.

In addition, Corporate America can expect to see quicker responses to hold elections for union representation than occurred during the Bush Administration. Indeed, all pro-union decisions are expected to arrive with a breathtaking alacrity so that union membership will increase and Corporate America will find itself in a new defensive position as it futilely seeks fair hearings before an NLRB with a pro-union majority.

Bad News for Corporate America

Have you heard of Craig Becker? He is a recently named appointment of President Obama to the National Labor Relations Board (NLRB). While awaiting senate confirmation to take his new position, Mr. Becker is serving as Associate General Counsel for the Service Employees International Union (SEIU), which is run by one of the most aggressive union leaders in North America, Andy Stern.

Mr. Becker, like most members of organized labor, is not an advocate of secret ballot elections. While Corporate America has been gritting its teeth awaiting the passage of the Employee Free Choice Act (EFCA), it may have even more to worry about. Craig Becker wrote that employers should be not be permitted to attend NLRB elections and should not be permitted to challenge election results. An editorial in the Wall Street Journal reported that Mr. Craig wrote that “Employers should also be barred from ‘placing observers at the polls to challenge ballots.’ ”

The editorial continued: “Mr. Becker advocated a new ‘body of campaign rules’ that would severely limit the ability of employers to argue against unionization. He argued that any meeting a company holds that involves a ‘captive audience’ ought to be grounds for overturning an election. If a company wants to distribute leaflets that oppose the union, for example, Mr. Becker said it must allow union access to its private property to do the same.”

With its majority in both houses of Congress, the Democrats will no doubt confirm Mr. Becker as a member of the NLRB. No one likes to play cards with a dealer using a stacked deck; and under the Obama selected NLRB, the deck will be decidedly stacked against Corporate America. And that’s bad for economy, bad for America, and bad news for democratic traditions.

IT WILL GET WORSE WHEN THE EFCA BECOMES LAW

IT WILL GET WORSE WHEN THE EFCA BECOMES LAW

In Grantie City, Illinois, an employee at AT&T filed a complaint with the National Labor Relations Board (NLRB). The employee has claimed that the Communications Workers of America, Local 6300, that represents him made threatened legal action when he refused to go on strike.

The employee, David McBride, filed an unfair labor practices charge against the CWA because McBride and other union members refused to support a national strike. He is being represented by the National Right to Work Foundation.

If the Employee Free Choice Act becomes law, more and more employees will be subjected to union coercion not only when it comes to strikes, but also when it comes to organizing efforts. Corporate America must press for the defeat of the EFCA to ensure that American industries will be able to be competitive with industries throughout the world.