Wednesday, November 19, 2008
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The so-called "Employee Free Choice Act": Which Senators to Watch...
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Posted by:
Matt Lewis at
9:33 AM
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 North Dakota's two Democratic senators, Dorgan and Conrad are likely to be influential in helping decide whether or not the so-called "Employee Free Choice Act" is passed. North Dakota is a Right to Work state, but the two Democrats will be pressured to toe the line by the powerful special interests in the Democratic Party.
Well, with the election out of the way, I guess we can get back to the real issues we will face. Remember the deceitfully-named “Employee Free Choice Act” (aka: Card Check)?
... If you don’t, you should get acquainted with it real fast, because if you're a worker, you just might find yourself paying unwanted labor union dues if it passes (and if you're an employer, the reason to oppose this is obvious).
While a lot has been written about it, you might not really be sure what it is. The act passed the House in 2007, but will require 60 votes in the senate in order to overcome a Republican fililbuster.
Basically, the act states that if a union can collect signed cards from more than half of a company’s workers, the shop can be automatically unionized with no secret-ballot -- and no chance for employees to hear from their employer and learn about the pros and cons of the union before making a final decision (for example, employees might want to know about union corruption, that they would lose the right to negotiate pay raises and promotions based on merit, that they might be forced to strike, etc).
The proponents of the bill point out it doesn't not eliminate the option for a secret ballot -- and technically speaking, they are correct.
However, the truth is that there’s almost no way that procedure will ever be used if the easier card-collection mechanism is legalized. In essence, this act wouldn't just eliminate the secret ballot, it would actually eliminate the ballot. ... So yes, this effectively would eliminate the secret ballot by rendering it a moot point. Once the cards are collected, there is no need for an election -- businesses are mandated to begin negotiating only with the union representative.
Of course, there might be a potential balance here if the card-collection procedure were also available for de-unionization. The vast majority of Union members today never voted to join a union (it came with the job). And, of course, there is no easy way to opt out of unionization. So if Unions would allow the same rules to apply when workers want to opt-out of unionization (collect cards from more than half of the workers saying they no longer want to be in a union), this would be a consistent and palatable argument.
The real goal, of course, is not to be fair, but to unionize more workers. And, of course, the unions are ignoring people who bring up that idea -- because the vast majority of currently unionized workers never voted to enter a union, and the bosses are scared that they would get voted out.
So essentially they want to be able to harass you into signing a card to unionize yourself, then make it hard for you to get out of the deal when you figure out that you’ve been gamed. Yeah…that sounds like “Employee Free Choice” to me!
The Republicans are going to have to filibuster to stop this monstrosity from passing the Senate…meaning we need to hold at least 41 votes.
One Republican, Arlen Specter (PA), has already crossed to the dark side, and the unions claim they are going to put pressure on Olympia Snowe (ME) and George Voinovich (OH). We should definitely be contacting those three to encourage them to oppose this act.
But there are also a lot of Democrats from fairly conservative, right-to-work states whom we might be able to bring over as insurance.
The easiest will probably be Mark Pryor and Blanche Lincoln from Arkansas, Kent Conrad and Byron Dorgan from North Dakota, Tim Johnson from South Dakota, and Ben Nelson from Nebraska. These states are all Right to Work states, which means the state legislatures -- and the population -- would most likely oppose this act (if they are made aware of it, that is).
Some other targets may include Senators Udall (CO), Salazar (CO), Warner (VA), Webb (VA), Bayh (IN), and Bill Nelson (FL). Virginia and Florida are both Right to Work states, by the way.
Of course, the ultimate goal of the pro-union forces are to support Democratic political causes. While 30-40 percent of union members are Republicans, the vast majority of union money goes to Democrats. As such, many union members are contributing financially to causes they abhor.
It’s going to be one heck of a fight trying to shoot this thing down, and we had better get on it now. Townhall's Adam Brickley contributed to this post.
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Remember that mantra in the 2000 election,things change when it would benifit not to.Unions were good a long time ago, but they have become ineffective because of all the graft that has taken over. Business owners know how much they can pay and the benifits they can afford. In this day and age if the owners wern't fair people wouldn't stay. The same applies to the Fairness Doctrine, what a bunch of balony, the left tried talk radio and no one would listen to them. If they have no listeners they have no sponsors. The left has most of the print and TV news in their pockets,but I guess they want to stiffle free discussion. B2slim has it right, we must start now for 2010,the Republicans need to get organized,information needs to be out there, this needs to be done in every state.We must keep a close tab on Congress and all their bills they will be wanting to pass. Let the public know all the ins and outs of each one, and when the Dems come out with their usual mantra they need to be corrected. I am so sick and tired of hearing the 8 failed Bush years. Jobs that are now lost, what about all the jobs that were made because of the Bush tax cuts. I don't understand why the Republicans are not shouting all this from the White House steps. I have written my rep and senators to correct all the mantra that the left pushes out there every day. President Elect was just a community organizer, and from what I read he really wasn't that good at it, but he took what he learned and applied it to the campaign, wiped out Mizz Hillary,and she had no idea what had happened. We have 2 years before the next election, even though I am so sick of the campaigning we need to organize now and get to work for the next one. I would love to see an honest effort to have someone run against Pelosi,Boxer,Reid,Duffis Barney,Dodd.Give them a run for their money. Lets all get to work and use the new tecnowledge,lets work and win. |
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Our soon-to-be Chief of Staff, Rahm, says we shouldn't waste a good crisis. Be prepared to have all sort of socialist/marxist rules and regulations crammed down our throats. It's a crisis stupid, we need to enforce.... whatever, including martial law. The will of the people is an antiquated idea, and these people will do whatevery THEY think is best for us, regardless of the fact that we protest their benevolence.
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As both a ex-union member (Roofers Union Local 54, San Diego, Ca. ) and a manager in multiple unionized formats, trucking, service sector etc...I can tell you first hand that unions provide nothing that the companies they go after are not forced to hand over. Unions use the threats of stike to get what they want. The use coersion, intimidation and thuggary to accomplish what they otherwise would not be able to manage. I have had friends cars destroyed, know of company managers whom have been beaten badly, had threats made to my family etc...Unions are simply terrorist orginazations.
Furthermore, unions are cannibalistic and eat their own. Unions are the very same groups who send money to support candidates who support illegal immigration and amnesty. How does bringing cheap labor into the workforce protect jobs?
Let's look at the numbers...In 1975 there were about 2.1 million trucking teamsters, today 40,000. Using an average of $35 per month in lost dues per union worker means that about 88 million dollars are lost each year, and this is just trucking teamsters. It becomes very clear that the single most impotant thing for unions is to bring in new employees to sustain the retirement of those already pulling benefits. Use the teamsters central states fund as an example. It is underfunding 4-6 billion dollars. (And you think social security is a rotting apple.) Many retirees in this confernce are having their check cut in half as we speak.
And now we have this very same pro union mind-set filling both houses of congress and you idiots think that THEY will improve the economy and/or our lives by passing THIS legislation?
Useful idiots...all of you.
Good luck... |
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The Dems want card check and no secret ballots. The only secret ballots they want is when the vote whether to allow Joe L. to retain his committee chairmanship. Whats good for the goose.... |
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DEMOCRATS TAKE AWAY THE RIGHT TO DUE PROCESS. ONLY CAN A LIBERAL JUSTIFY VIOLATING CIVIL RIGHTS. LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS. |
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Would you be willing to support a union in the face of this sort of intimidation by management goons.
http://www.cwa1180.org/organize/KingTeleservices.shtml |
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I find it somewhat ironic this is called the 'free-choice' act. And the concept of "choice" is most closely associated with what?
Fascinating. |
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stranger1, This may not be the #1 issue to worry about right now however it will impact many of us who DO NOT want to unionize yet get harrassed and told we are "stupid" by collegues when we refuse to sign a union card. Pro union organizers are aggressive, tell me half truths, and when confronted with facts about compensation and wages, simply ignore the truth. The bottom line is that the union that wants to represent me (AFA), has only one purpose and that is self interest. I've worked for my ailine for 21 years with no union representation and want to keep it that way! EFCA will make it much easier for AFA to steal from me. |
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Matt, Is this really the number 1 issue for republicans and conservatives?
I really don't know, but one thing for sure, filibusters are hard to sustain, and much political capital is used on a filibuster. We cant filibiuster to death every cockamamie piece of legislation that comes down the pike.
So it behooves conservatives to be smart and save the filibuster for moral concerns like abortion, gay marriage etc..
If conservtives get to feisty, as the democrats did with Bush;s SCOTUS nominess, the dems may well get angry enough to take a page from Senator Bil Frist's playbook and simply change the senate rules to allow for majority votes on everything, by eliminating the filibuster altogether
The filbuster is a senate rule-NOT a constitutional righjt.
A little memory refresher si in order:
Republican Senate majority leader, Bill Frist, threatened to change the senate rules to abolish the filibuster if Democrats tried to filibuster the Bush nomination of Samuel Alito to the Supreme Court.
With all the media histrionics over the possibility of Democrats gaining a filibuster proof majority, Republicans seem to have forgotten that the majority party does not actually need a filibuster proof majority. That is correct; they can simply change the Senate rules to abolish the filibuster and pass whatever they please by simple majority votes.
So lets choose our battles carefully. We cant filibuster more than one bill per year without losing the PR war as "obstructionists And yes, Senator Frist's so-called "nuclear option" (changing the Senate rules to abolish the filibuster) is still available to the dems-if push comes to shove.
Its just something to think about.
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The concept of "union" was once a good thing. But like all good things, not-so-honorable humans got hold of the unions and turned them into personal-power bases.
Passing of this legislation will further take power away from the individual.
How sad. |
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Sounds like a labor attorney's ultimate wet dream! |
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OK, Unions destroyed the auto industry. Now the unions want $50 billion from taxpayers. But rather than retreating in disgrace, they actually now want the government to make it even EASIER for them to form -- so they can destroy even wider swaths of the economy. And the Democrats agree! If this isn't insanity, I don't know what is. |
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The day after Obama is elected, he dispatched Pelosi to arrange the UNION PAY OFF:
PAY BACK FOR ELECTING HIM PAY OFF FOR THE VOTES:
Imagine, he is bailing out EVIL GAS GUZZLING MAKERS: LOL
He is not even on the clock and he is already writing checks faster than the ink dries:
ZaBillions here, three, everywhere!
Unions are criminals: they need to be eliminated:
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WE the people must take control of CONGRESS we must act, every day and be relentless;
Everyone of our freedoms are going away:
only 2% who voted for Obama knew anything about the issues, HIM, his radical past, government, how it works etc.
whle we are at it:
get the pitchforks ready to protect our rights to freedom of speech through talk radio:
Almighty; STOP BRANDING their plan to stop free speech as the Fairness doctrine: the 150 million who listen to FM or the other zillion programs do not have a CLUE::::: Conservative talk radio is popular BY THE PEOPLE"s choice ! NO ONE FORCES US TO LISTEN STOP helping the extremists shut down our ONLY RELIABLE VENUE: WE THE PEOPLE get to call into talk radio to voice our opinions and to talk FREELY: SO FOR THE LOVE OF IT::: call it what it is: AND call NOW FOR a campaign to STOP THEM ::::::::::: STOP OBAMA, the radicals, the enemies within:
AND STOP illegal immigration and amnesty too: |
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Talk radio better call for a Blitz on congress emails letters faxes calls
TO STOP TAKING AWAY our freedoms and rights!
Everyone needs to start the campaign NOW !!!!! tell 10 folks to tell 10 folks: |
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Mark Pryor will probably vote against it. He calls himself a democrat, but votes mostly republican. Blanche Lincoln will do whatever her party tells her to. I keep up with their votes on important issues and he is usually right, she is usually wrong. |
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Bob Munck
When unions force pay and benefits that bankrupt an industry, what exactly have they done for those workers? Ask guys sitting out of work right now in the steel industry, the coal industry, or any other business that has been forced out of business because of union rules and benefits. See if those guys on welfare now would rather have their jobs back even if it meant not "sticking" it to the company. |
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I would start piling into munis then - maybe 70/30 muni/stocks. Being tax free a 6% muni yield is a great return. However, definitely talk to a financial planner. There are certain muni bonds that should be avoided and are at risk. However as for your stock portfolio, no need to pay a financial advisor. I would open an account online and only invest in ETF (exchange traded funds). Rather than try to pick the best stocks in the S&P 500, you can by the equivalent of the entire index by buying shares in SPY.
Bob – as I said before – I can count the number of people who believe you on my fist!
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Bob is a smart guy, he is just wrong on a lot of things. And you can never be sure if he is arguing a point in ernest or for the sake of entertainment. |
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I'm pushing 50. Not much in the way of stocks at the moment, have a had a few bad years and it will be a while before I can think of retiring. :) |
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"I can count the number of people who believe you on my fist!"
Hey, it's all online. I use my real name, my resume is online, and so are various papers I published while on the faculty of that same university. They're in the archives of various professional organizations. |
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I think the market will continue to drift lower. We could easily see a DOW 7,000 or lower.
I am not sure how old you are - if you are in your 20s or 30s, I would recommend you keep your money in the market and continue to contribute to your 401k as much as possible. However if you are looking to preserve income I would switch your money to muni bonds. Muni bonds will likely see a rally when Obama raises taxes. However, if you do switch to muni bonds I would talk to a financial planner. Not all muni bonds are safe in this environment. I trade stocks and options and bonds are not my forte.
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"I was a physics major 45 years ago; my freshman advisor has a Nobel Prize in superconductivity" - hahahahahaha - I can count the number of people who believe you on my fist!
To you and all the other dorm rats out there - if you are going to lie and least make is somewhat believable!
As for being a trader and posting - rule #1 of trading - inactivity will get you killed. I put on my positions and targets and watch. Trying to make something happen when there is nothing to do will only make you lose money. This is why I post throughout the day!
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"newbies on the line will be paying THE SAME UNION DUES as the guys who've been there for years but getting nowhere near the same pay"
UAW dues are based on salary: the equivalent of two hours straight time per month, or about 1.2% of income if you don't work any overtime. So the newbies on the line will be paying THE SAME UNION DUES only if they're earning the same hourly wage. |
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whats wrong with a secret ballot? no pressure from either side .allow honest debate, let everyone see what they'll get ,look at the pros and cons and hold a secret ballot ,makes you wonder what the unions fear does it not? |
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"I am sure even that the community college you attend they have a library where you can read the constitution."
Heh. Want to compare colleges, kid? I'll give you a hint: I was a physics major 45 years ago; my freshman advisor has a Nobel Prize in superconductivity. (That actually narrows it down to three universities.)
"Why would you do something against your will unless there was something keeping you from “speaking freely.”"
So if my wife makes me do the dishes, she's violating my free speech rights?
No matter; to be a violation of the First Amendment, it has to be the government doing it. Which part of that don't you understand?
Yeah, you're a trader. And with the market zooming up and down like a demented yoyo, you have plenty of time to post on a blog during the day. |
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Do you see the DOW reaching 7000? As a layman I think it is possible but what I don't know about the market is frightening. |
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In case you haven't noticed, the UAW agreed to let all new auto workers come in at the lowest wages EVER and with almost NO benefits. That was their last contract, so the newbies on the line will be paying THE SAME UNION DUES as the guys who've been there for years but getting nowhere near the same pay, or the same benefits in return for those dues. Also, previous UAW contracts specifically forbade the auto companies from closing plants, or consolidating shifts/jobs in any way shape or form, causing the massive losses that are now adding up.
And just because you think union intimidation of workers is fiction check out this quote:
"In fact, union coercion and intimidation are not as rare as labor activists contend. Thousands of unfair labor practices cases have been filed against unions since 2000, including 1,417 for coercive statements, 416 for violence and assaults, 546 for harassment, and 1,325 for threatening statements.[10] Many of these cases did not involve election campaigns, and the unions were not found guilty in every case, but these numbers show that union intimidation is a real problem that workers face."
http://www.heritage.org/research/labor/wm1393.cfm
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Take a look at the actions of UMW officials in the coal fields, maritime unions, or the longshore unions if you don't believe thug tactics are not still employed. These did not only happen in the 'Thirties -- they happen today! They still get right down mean! I've seen union officials go after mine operators and their employees in West Virginia with pick handles. Guns have been employed by both sides.
Try to get rid of a union official and see what happens. The long-time president of one union, of which I was a member, faced loss of an election around 2002, so he disbanded the union and kept ALL union documents -- we still have not gained access to the union documents. We lost all of our very high-paying contracts/jobs because of his actions. The house of the man who was running against him was shot up at least twice and his wife was threatened at a local mall. The National Labor Relations Board is totally useless in such cases -- they almost always find for the union officials.
Unions are a good thing, but they are in bad need of new laws to protect the workers, rather than the officials. I know of no union that does not have corrupt officials -- the only thing is the degree of corruption. |
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I have read the constitution many times. This is more than I can say about you. You need to get out of the door room more often. I am sure even that the community college you attend they have a library where you can read the constitution.
You just proved my point with your response - "probably not" but then saying you would "after they left I'd write a letter to the NLRB rescinding my signature." That is what I call something that "keeps me from speaking freely." Why would you do something against your will unless there was something keeping you from “speaking freely.”
Not sorry to disappoint you but I am a trader! And to disappoint you further I have been making a killing selling stocks short! I saw the financial crisis coming and new we would trade much lower if Obama won! And if you think we are close to a bottom, just wait until he raises taxes. |
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"Would you honestly refuse to sign a piece of paper with a union leader and his thugs standing right behind him?"
Putting aside your little fantasy about union goons, probably not. But after they left I'd write a letter to the NLRB rescinding my signature and mail it in the dead of night.
"This would be a huge 1st amendment violation!"
To violate the First Amendment, the US government has to do something that keeps me from speaking freely. Was one of your imaginary union thugs a federal agent?
You work on Wall Street and you don't even understand the basics of the First Amendment? No wonder the economy has crashed. I'm hoping that what you do on Wall Street is push a little cart around and deliver envelopes. |
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Would you honestly refuse to sign a piece of paper with a union leader and his thugs standing right behind him?
I doubt it!
I could refuse since I work on Wall Street, make good money and could hire a great lawyer and if needed get protection. However, someone making $15/hour cannot afford those luxuries.
This would be a huge 1st amendment violation!
You are making zero sense to anyone!
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"Unions are in it for themselves, and do nothing for the workers except protect the bad ones. The auto companies are perfect examples of what happens when an industry is too heavily unionized."
I thought the auto company's problem was that workers are paid too much and have too many benefits. In what sense is high pay and good benefits "doing nothing for the workers?" |
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No one that has any business sense could make that statement. Unions are in it for themselves, and do nothing for the workers except protect the bad ones. The auto companies are perfect examples of what happens when an industry is too heavily unionized. Costs go out of control and sales drop because of the increases in prices.
Bad companies deserve unions, but bad companies don't last. Bad workers shouldn't either. |
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"No, it is a secret ballot after the card check."
Under EFCA the change is that a secret ballot would be unnecessary if FIFTY PERCENT OR MORE of the employees have already declared in public that they favor a union. (And have not rescinded that vote in secret, by sending a note to the NLRB.)
If you already know that a majority favor the union, what's the use of having the ballot? It's just a way that the employer can stall the effort. |
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"over 50% of the employees have to vote IN PUBLIC for unionization" - that is total lie!"
They have to sign a petition -- fill out a card. How is that anything but a public vote?
"I would not consider a union leader with their thugs coming to someone's house and telling them to sign a piece of paper a "public" vote!"
Why not? It's not secret; the piece of paper is a public document.
"Thugs?" You've been watching too many 1930's movies.
Explain how this is a First Amendment violation. |
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"Reagan made sure to show his hatred of America by firing Air Traffic Controllers". The ATC strike was wrong and Reagan had every right and authority to do what he did. He even gave them a choice, go back to work or get fired.
"The plain truth is that employers are scared to death of EFCA and they will do anything to stop it" Big business is drooling over it and will do anything to get it passed, so what?
"Average Americans will actually have a voice again" They already have a voice. Employees unionize all of the time. If you actually think that big labor is concerned for the employees you are an idiot. Big labor is in it for big labor, just like big business is in it for big business. |
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Bulls--t!
"over 50% of the employees have to vote IN PUBLIC for unionization" - that is total lie!
Under this bill - if a union can collect signed cards from more than half of a company’s workers, the shop can be automatically unionized with no secret-ballot!
I would not consider a union leader with their thugs coming to someone's house and telling them to sign a piece of paper a "public" vote!
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"Remember, over 50% of the employees have to vote IN PUBLIC for unionization to get to this point. That's the way it is now, without card check."
No, it is a secret ballot after the card check. |
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It is insane that we have to re- reenact basic rights that were given to us before Republicans took them away.. EFCA existed for almost 70 years but it was called the Wagner Act before Americans were left behind and had to fight for our right to unionize again.. The republican shmear machine has so badly mislabeled this legislation to where people don't even know what it is anymore..
1.) If you and a majority of your co-workers feel if it is benificial for you to unionize then you will have the right to vote on this issue..
2.) In order to become a member of a unionized work force you need to vote on it.. When you vote there will be a union moderator there to make sure that your employer does't throw your vote away.. (This is the way it has ALWAYS been done)
3.) What is more American ?? Having your vote count or having it thrown away?? If it were up to your employer you would have zero contracts, zero health benifits, zero rights to speak up and zero annual wage increases in the cost of living.. This is why there is a union moderator there to make sure that your vote counts.. The republicans lie about this BS "right to vote in privacy" crap.. It's yet another smoke screen issue that has nothing to do with reality or progress..
Unionizing in all of it's ups and downs through the years has taken a huge hit.. Reagan made sure to show his hatred of America by firing Air Traffic Controllers and Bush topped it off by Cafta and Deregulating tarrifs .. The plain truth is that employers are scared to death of EFCA and they will do anything to stop it.. Just think about it .... Average Americans will actually have a voice again.. The principal theory of unionizing is that there is strenght in numbers and big oil and big corperations are trembling..
EFCA IS GOOD.. |
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"This would be a huge 1st amendment violation."
I'd love to hear the logic behind that claim.
Remember, over 50% of the employees have to vote IN PUBLIC for unionization to get to this point. That's the way it is now, without card check. |
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You forgot to mention "while trying to get 30% of membership to sign the petition, make sure (and this is important) no one you ask is going to go back and tell the union what you are trying to do. Because we all know it's kinda hard to pass around a petition in secret". |
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This would be a huge 1st amendment violation. Everyone should have the right to vote in private/secret ballot. This would be a giant step backwards towards the days the “machines” ruled the cities and basically checked how people were voting in the ballot box.
Plain and simple this is nothing more than an effort to get more worked to unionize which leads to more campaign contributions for Democrats.
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"So essentially they want to be able to harass you into signing a card to unionize yourself, then make it hard for you to get out of the deal when you figure out that you’ve been gamed."
It's not hard at all. If you feel you were harassed, just drop a note to the NLRB rescinding your card check, IN SECRET.
After the union's in place, you can deunionize by getting a petition signed by only 30% of the membership, followed by a SECRET BALLOT. Deunionization passes if you get just a simple majority of those voting; you don't even need a majority of the membership. |
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I wish I still had the text to a very old blog I made once explaining just how much control a union has over a member. It is extraordinary.
While people should, of course, have the right to organize they should also have all of the information possible before making the decision.
If anyone can get a hold of the bylaws of any major union I would advise them to look at just what the union can do to a member who does toe the line. |
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