Monday, January 26, 2009

jamess's Union Busting 101: Pay no attention to that Man behind the Curtain. receives Karita Hummer's Silver Pen Award



jamess, wins Karita Hummer's silver pen award for a topic of utmost importance to workers at the height of economic angst in the country, and telling this story as it needs to be broadcast around the country. What better place to do it than here on the internet, where deomocracy is being best preserved. jamess is an perfect example of a citizen journalist who is careful, thorough, informative, fair who writes with great conviction. KH

Cross-posted from Progressive Blue: http://www.eenrblog.com/showDiary.do?diaryId=3435

Union Busting 101: Pay no attention to that Man behind the Curtain.

by: jamess

Sat Jan 24, 2009 at 14:46:02 PM EST

(EFCA must pass... - promoted by poligirl)

The U.S. Chamber of Commerce's Randy Johnson explains their "Organization's" concerns about the Employee Free Choice Act (EFCA):

The Card Check Reality

http://www.youtube.com/watch?v...

Randy Johnson is Chamber of Commerce's vice president of labor, immigration and employee benefits.

Randy Johnson:

"The Employee Free Choice Act ... would take away the Right to a 'Secret Ballot' Election in the Workplace. It is True, as the Unions are saying, that 'technically' it doesn't eliminate it. Why is that? Well, a Union could still choose to have a 'Secret Ballot' Election, technically. Mr Miller we agree with you on that -- ah But, When would a Union do that, if they get a Card Check Majority? So it effectively takes away the right to a 'Secret Ballot' Election, and substitutes for that a 'Card Check' process. ..."

Huh? "Technically True" -- which really means it's NOT really True? AND THAT means you just can't trust Unions, because they really want to take away Workers Rights? Wait minute, go over that again spin-meister ... Unions just are Bad, period, Trust you!?

Excuse Me?

Here's a news flash for you Randy Johnson, Unions are subject to the same Labor Laws to Protect Worker Rights that Employers are!

If only the Chamber of Commerce, and its members, were ACTUALLY SO Concerned about protecting Worker's Rights, as your "Secret Ballot" Outrage pretends to be ...

Well, according to that Lobbying front group, for well-financed (and secretive) Big Business interests ...
The State of American Business 2009
The U.S. Chamber of Commerce stands ready to join with our new leaders and all Americans to revitalize the greatest engine of growth and opportunity the world has ever known--American free enterprise.

Nevertheless, when necessary, the Chamber will challenge proposals advocated in Congress or by the new administration that would damage the economy's capacity to recover, grow, and globally compete. For example, we will strongly oppose the elimination of secret ballots and forced arbitration in union organizing drives, new workplace regulations that would destroy jobs, unworkable environmental and health care mandates, and isolationist policies that shut off trade.

(emphasis added)
http://www.uschamber.com/sab/d...

Hardly sounds like "the Chamber" cares about the issues that Labor stands up for, like UHC, Fair Trade, and Environmental Standards, now does it?


Now here's a Union Organizer perspective on EFCA (with the video edited to rally those flag-waving, anti-EFCA sentiments)

Behind the scenes of labor's EFCA agenda

http://www.youtube.com/watch?v...

Why We Need EFCA
Despite its paltry membership, the U.S. labor movement remains the nation's most potent force for progressive change and the most effective vehicle for electing Democrats.
Peter Dreier and Kelly Candaele -- Dec 2, 2008

If unions are good for workers and good for the economy, why are so few employees union members? Business leaders argue that employees' anti-union attitudes account for the decline in membership, which peaked at 35 percent in the 1950s. In fact, a recent poll found that 58 percent of non-managerial workers would join a union if they could. But they won't vote for a union, much less participate openly in a union-organizing drive, if they fear losing their jobs for doing so.

And there's the rub. Americans have far fewer rights at work than employees in other democratic societies. Current federal laws are an impediment to union organizing rather than a protector of workers' rights. ... Under current National Labor Relations Board (NLRB) regulations, any employer with a clever attorney can stall union elections, giving management time to scare the living daylights out of potential recruits.

According to Cornell University's Kate Bronfenbrenner, one-quarter of all employers illegally fire at least one employee during union-organizing campaigns. In 2005, over 31,000 workers were illegally disciplined or fired for union activity.
...
Big business spends hundreds of millions a year to hire anti-union consultants to intimidate workers from participating in or showing support for union campaigns. Employers can require workers to attend meetings on work time during which company managers give anti-union speeches, show anti-union films, and distribute anti-union literature. Unions have no equivalent rights of access to employees. To reach them, organizers must visit their homes or hold secret meetings. This is hardly workplace democracy.

(emphasis added)
http://www.prospect.org/cs/art...



Chamber of Commerce: Big-Business Umbrella Group's Anti-Union Agenda

Headquartered in Washington, DC, the Chamber has an annual budget of $150 million[2] and 300 staff members.[3] With President Thomas J. Donohue at the helm, annual contributions to the Chamber from its largest corporate members rose from $600K to $90 Million in less than a decade.[4]
...
Although an increasing number of its member organizations pursue cooperative and socially-responsible labor relations, the Chamber continues to advocate against unions, and appears to be ramping up its attack.

In 2004, the Chamber spent $24.5 million lobbying the federal government.[8]
...
The Chamber recently filed amicus briefs in two significant cases before the National Labor Relations Board to argue for rulings that limit the ability of workers to form unions. One case could define millions of workers as supervisors, revoking their right to organize, and the other could effectively quash the card check method of organizing.[15]

(emphasis added)
http://www.americanrightsatwor...

While the Chamber of Commerce Ads may claim to protect Worker's Rights, their actions behind the scenes point to an altogether "different agenda" ... Busting up Unions, is usually something best done "in the Shadows", and behind closed doors ... under the "guise of concern" ...

Union Busting 101 - "Who Are They?" - Episode 2

http://www.youtube.com/watch?v...

Union Busters like to hide behind the all-purpose "umbrella specialty" otherwise known as "Labor Relations Consultants".

And they know how to prey on a Worker's worst fears ...

Union Busting 101 - Episode 1

http://www.youtube.com/watch?v...

Here's the main page, from the Union Busters Playbook:

Techniques Used by Companies to Deny You Your Choice for Union Representation

Companies use Supervisors as Frontline Soldiers: Supervisors, who themselves have no legally protected right to be represented by a union, are used by the Company to deliver anti-union letters, speeches, and informal chats prepared by anti-union consultants. Supervisors are essentially used to do the dirty work for management.

One-on-One Meetings: During organizing drives, 78 percent of workers are forced to attend closed-door or isolated meetings with supervisors. These aren't friendly impromptu chats, but well-planned meetings to decipher employees' feelings about the union and persuade them against the union.

Captive Audience Meetings: So-called 'captive audience' meetings are held for employees during work hours to disseminate propaganda against union representation and to attempt to discredit the union. Employees are almost always required to attend, but those employees considered to be union organizers may be intentionally uninvited to the meeting. Often, the meetings are rigged so that workers who are already against the union are assigned to ask questions to sow misinformation.

Delay: Anti-union consultants often attempt to delay union representation elections by legal maneuvers so they have more time to implement other tactics needed to increase tension, dissension and the employer's chance of winning the election.

Divide & Conquer: Anti-union consultants create opportunities and craft persuasive messages to make employees feel that there is a tense division among staff concerning the union election. They may go so far as to pit one group of employees against each other.

Letters, letters, letters: The specialty of the anti-union consultant is hammering out materials-cartoons, leaflets or management correspondence-to build a case against the union. 92 percent of companies involved in organizing drives mail anti-union materials to employees' homes.

Love offerings: In order to convince employees that they don't need a union, anti-union consultants may advise clients to provide indirect bribes, like unexpected increases in wages or benefits or 'feel good' measures like free food and lottery tickets.

(emphasis added)
http://www.buwcouncil.org/tech...

There are even high-priced Seminars to train Management in the shady "Techniques of Union Busting" (assuming you have the "credentials" to attend, as Art Levine found out:)

Unionbusting Confidential
To keep out organized labor, you need the union-busting law firm Jackson Lewis
By Art Levine -- Sep 24, 2007

... As it turned out, the two men who had purged Richard would be our seminar leaders. The older man in pink was Michael J. Lotito, a 30-year veteran of anti-union legal wars. The younger was Michael Stief, III, a protégé and fast learner. I soon saw they knew their turf well. "We're not moralists," explained Lotito. "We're lawyers."

Once the seminar got underway, I learned that all of us were doing the right thing in resisting unions. "We believe that the union is irrelevant for the 21st century," declared Lotito. Unfortunately, "unions have new weapons." To make his point, he waved a clipping from the New York Times describing some recent public relations woes of Wal-Mart.
...
One of the first things I learned from Lotito and Stief was to try to come across as respectful of labor's concerns. "The goal is not to be union-free," explained Stief. "It's to be issue-free." We were advised to institute an open-door policy with employees, encouraging them to air any grievances or concerns fully. Not only would this keep them happy, it would help us to sniff out whether there was unionization afoot.

Lotito informed us that his father had been a New York dockworker. "Back then, in 1935, [unions] made perfect sense," Lotito said. "Did they have legitimate issues about how they were treated in the workplace? Yes! There was no safety, no security, no benefits." But they, he explained, were a lot different from today's whiners. "We didn't have employees say: It's my God-given right to have health insurance."
...
What if we simply wanted to fire union organizers? That was possible to do, said Stief, as long as you were careful to do so for other reasons. "Union sympathizers aren't entitled to any more protection than other workers," he explained. But the firing could not be linked to their union activity.
...
Lotito introduced a segment called "You Can Say It." Could we tell our workers, for instance, that a union had held strike at a nearby facility only to find that all the strikers had been replaced -- and that the same could happen to the employees here? Sure, said Lotito. "It's lawful." He added, "What happens if this statement is a lie? They didn't have another strike, there were no replacements? It's still lawful: The labor board doesn't really care if people are lying."

(emphasis added)
http://www.inthesetimes.com/ar...


So what tools do pro-Labor organizers have?

How about Common Sense? How about the Truth?
(sometimes "plain talk" can go a long ways ...)

Al Franken on the Employee Free Choice Act

http://www.youtube.com/watch?v...

Al Franken:

"I support the Employee Free Choice Act because it will give more workers the opportunity to join a Union, without Intimidation. ...
The National Labor Relations Board is responsible for preventing the intimidation of workers, whether it be by Unions OR by Employers. Since President Bush started packing the NLRB with anti-union nominees, the NLRB has gotten real good at the former, and real bad at the latter.

Unions absolutely have the responsibility to organize without intimidation, and when this Bill passes, they will have the same responsibility. BUT, the balance between Labor and Management has been heavily tilted in Management's favor, and the Employee Free Choice Act will help even the playing field. Thank you."

(emphasis added)

Thanks Al! Progressives can't wait til you finally make it to the Senate Floor, and shake things up there, with more "plain talk"!

What tools do pro-Labor organizers have on our side?

How about the Law? (Existing Laws, which already "hold Unions in check"!)

If only the National Labor Relations Board (NLRB) could be "instructed" to Protect Worker's interests plainly, and not thwart them? (Maybe the new Administration, can provide "a Revised Playbook" here too, eh?)

NLRB: How Do I File A Petition or Remove A Union?

NLRB: How Do I File a Charge Against An Employer or a Union?

NLRB: Employee Rights

The National Labor Relations Act extends rights to many private-sector employees including the right to organize and bargain with their employer collectively.
...
Examples of Your Rights As An Employee Under the NLRA Are:

* Forming, or attempting to form, a union among the employees of your employer.
* Joining a union whether the union is recognized by your employer or not.
* Assisting a union in organizing your fellow employees.
* Refusing to do any or all of these things.

The NLRA forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or engaging in protected concerted activities, or refraining from any such activity. Similarly, labor organizations may not restrain or coerce employees in the exercise of these rights.

(emphasis added)
http://www.nlrb.gov/Workplace_...

So tell me again Randy Johnson, from the Chamber of Commerce, just HOW IS IT that the so-called "loss of the 'Secret Ballot' is going to infringe on my Worker Rights", again? (Seems we already have Laws on the book to deal with your faux "worker harassment concerns".)

Unions are subject to the same "non-coercion" Laws, as Employers are suppose to be. SO, "Exactly WHO, is zooming who, here"?

And Answer me Readers, a few Questions: Who is looking out for you, and your family? Those millionaire CEO's, or the Union, of your fellow workers?

And WHO is it, that looks at the "pink slip" as a perfectly legit way to "cut costs", in hard times? (To avoid cutting a few of those CEO "Golden Parachutes" strings, instead?)

It seems that the Workplace, is too often the last place where "Human Rights", and Common Sense, and Fairness get applied, for the benefit of all, instead of just the select few? And sometimes disastrously so, as the Sago Mine incident, painfully demonstrated ... the consequences of ignoring "Worker Rights" -- rights which the GOP is often all too eager to ignore as well.


Could it be that All-Mighty "Greed" has had the upper hand for far too long in this Country?

And look what all that "Greed" has finally wrought ...

A safe and secure Future for all?
-- NOT, hardly! ... anything but!

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