EFCA vs SBPA

"EFCA victory by August." 

That's the prediction by Andy Stern, SEIU President, in USA Today.

"It's not about unions. It's about how America is going to rebuild the middle class, " Stern said.

Stern thinks there are enough votes in the House and Senate to approve the bill and he expects victory by August. Again he is confident that the bill would get the 60 Senate votes needed to block a filibuster.

Me, me, it's all about me. I'm on fire, put me out...(old Gary Shandling joke). The "me" is Unions and you can see the panic starting to set in. Obama is not moving fast enough to satisfy the Union's return on their political investment.

To add fuel to their panic fire, Senator DeMint (R- South Carolina with a cool name) introduced the Secret Ballot Protect Act of 2009 (SBPA). As the Senator explains in the video above, the SBPA bill would amend the National Labor Relations Act to guarantee the right of American workers to have a secret ballot election on whether to unionize. What this means right away is you that you can get a quick "filibuster" head count because this bill, against the EFCA, has 16 cosponsors and that's a good start in the right direction.  

A similar bill H.R. 1176 was introduced in the House by Rep. John Kline with 103 co-sponsors.  In a Democratic House it will be interesting to see who holds the line in the end and remains on this list... 

It is going to get interesting as things heat up in the EFCA vs SBPA battle, especially as the remaining Senators start to realize that their constituents overwhelmingly reject the Employee Free Choice Act. This according to a recent survey (January, 2009) by McLaughlin & Associates, 74% of voters oppose the EFCA and surprisingly even in union households only 20% support it.

EFCA Game Plan

Sometimes it's just better to let others say it.  Here is a link to a blog where the EFCA finally came down like the anvil hitting the roadrunner in the head.  It's titled "Don't Wait, Panic Now."

With regards to the Employee Free Choice Act and the future...  

"We are in a different game.  The game is not even in a well-lit stadium.  It is in the back streets, in dark corners, in places we don't have access to.  We don't know the rules.  We don't even know all the players.  We probably won't know when the game begins.  Don't wait, panic now."  -- R & S Associates Blog

I love the sport analogy and especially "We probably won't know when the game begins."  Ron Ulrici of R & S is absolutely correct because for a lot of companies the passing of the EFCA will be like a tie ball game going into Sudden Death overtime.  The first one to score will win.  

So before the EFCA passes, get out your playbook, get all your coaches on the same page, pump up the defense and develop the greatest offensive game your company can for it's survival.  Because if you lose, everyone loses and I mean everyone--your employees, your customers, your vendors and your community.

Or forget the sport angle and just educate yourself.  Read blogs, talk to other HR gurus, especially those that have experience with unions or campaigns and "Join the Conversation" for the latest updates on labor and the EFCA.

Want to see something REALLY scary? Try EFCA.

Friday the 13th is the newest horror movie back on the big screens today. But you don't have to go to the movies to be really frightened. Take a look at the EFCA rally videos, below, from last week on Capitol Hill.

To truly scare yourself, you have to listen to the full rhetoric of each speaker. You must remember: no matter what you think (or what you know) about the EFCA, it will make absolutely no difference. Perception is reality as the incredible spin by these politicians and union leaders reaches the general public, including your employees...

USW Video

IBEW Video

SEIU Video

IAM Video

While these Employee Free Choice Act "movies" are scary, how the story ends is not predetermined and does not have to end in a nightmare. First, create a union-proof environment and second, develop an honest and direct communication plan for your managers and employees with regard to the EFCA and your company's union free philosophy.

Slight of Hand and Neutrality Agreements

Take a look at the "Win, win, win?" chart published as part of the recent Addus Healthcare's neutrality agreement with the SEIU. First-- note that the heading has a "?" and it's a good thing, too, as the union's spin on neutrality agreements should make us question everything. Check out the "slight of hand" as the headline reads that everyone wins---the Workers win, the Company wins and the Union wins.

Let's take a closer look...

It's says that Addus will "lower turnover rates, lower recruitment and training costs" and that the "SEIU's powerful political lobby can help as Addus works to get states to raise Medicaid reimbursement rates".

How exactly will the SEIU lower turnover rates? Why is the turnover rate at Addus high in the first place when you have such a fine union organization involved with 75% of the Addus employees (that many have already been unionized by the SEIU from previous neutrality agreements)? Isn't everyone happy?

It says that the workers have "no guarantees... of wage and benefit increases" and "no retribution from management." Is it just me? Since when is "no guarantees" a good thing? Did you really have a lot of "retribution" from management going on? Although, according to Merriam-Webster, "retribution" means "the dispensing or receiving of reward or punishment." Congratulations, you just eliminated both...

The biggest WIN-WIN-WIN is really for the SEIU: " as many as 2,000-3,000 new members" and "no hassle of dealing with uncooperative or threatening management." I wonder how much money in dues the SEIU is taking from the employees (See article headline: "Company eases way for unionization of low-paid home health care workers")? They say the home care worker makes $9.82 on average. That's about $20 per month, $240 per year and $720,000 in dues per year for the SEIU. And why should those pesky people that run the company and manage the employees get in the way of a union going after money?

By the way, the article says that $9.62 is a "third less than pharmacy aides make", about "half of what massage therapists make" and about a "third of what occupational therapy assistants make" per hour--even though home care aids do many of those same tasks. Really? Guess what: some of these positions may require higher education, different training and... GET ANOTHER JOB IF YOU DON'T LIKE THE ONE YOU HAVE... but I digress...

So let's review-- the Company gets a lobbyist that already existed, the Workers get "no guarantees in wage and benefit increases" and the SEIU gets $720,000 per year.

Don't believe the Neutrality Agreement slight of hand, it's a lose, lose, win.

PS- Employees: don't sign the card, don't give 2 hours of pay per month to a union that cannot guarantee you anything.

PPS--Where's the CNA when you need them to stop the SEIU?

Unions are Dumb

Unions continue to do some of the dumbest things, take the recently launched campaign against Gap, "www.gaphurtskids.com," by the Teamsters.  

The Teamsters have created this corporate campaign against Gap.  But their real target is Oak Harbor Freight Lines, Inc., who the Teamsters took out on strike last September.  Confused?

Well, welcome to wisdom of unions.  Organize some truck drivers at a 90-year old family run company, go to collective bargaining, can't get your way,  and take the poor employees on strike (1st one in 50 years) in an attempt to force the evil company into submission.  The problem?-- That was 5 months ago and the plan isn't working.  So, where does Gap come into all of this?

Oak Harbor is a vendor of Gap's.  They deliver Gap merchandise to stores around the country.  Still confused?  The union logic of a corporate campaign is "if I can't break the will of the company, perhaps some of their customers can."  More confused?

You should be, so pay close attention.  Who are your vendors?  Who are your customers?  What Union has your company in its sights?  You see the Teamsters have been unable to organize Gap Stores or Gap distribution centers either, so what's a little payback amongst friends.

You have to wonder what the Oak Harbor employees really think, or even if they understand what the Teamsters are doing to them.  They will never recover from a strike of this length.  Nothing they wanted or will possibly even get in collective bargaining will ever cover the direct loss of the employee's paychecks (at least in a 3 year contract).  In their effort to "help" the Oak Harbor employees, what message are they sending to Oak Harbor customers?  I'm talking about customers that the Oak Harbor employees have developed relationships and trust and a solid business relationship with over many years of service.  How are the Teamsters helping anyone in this situation in the long run?

Now the Teamsters involve Gap and of course Gap customers by attempting to tie the two entities together in a such a manner that it takes a CSI team to figure it out.  Dumb or even worse because nobody really cares...  Oak Harbor's on-time delivery for January was 97.80%.

Next, the Teamsters show real stupidity by calling the campaign "Gap Hurts Kids".  What kids?  Oh, you mean the kids and grandkids of the employees you took out on strike with a vague reference to working children in sweatshops, those kids?

I get it... oh, no, really, I don't, because it's just dumb.  Even the photos of the kids are dumb, look at them and you will hear your inner child say, "Really, Gap hurts these kids?"

Now the Teamsters are going after KeyCorp and its subsidiary KeyBank, pulling it's $18 billion in assets.  Why?  According to Hoffa, "KeyBank, which operates branches in several states, is playing a critical role in the ongoing dispute by providing funds that allow Oak Harbor Freight Lines to survive."  I know your thinking, "he's kidding, right.  Hoffa really expect the bank to cut off Oak Harbor's access to their own money and funding arrangements because the Teamsters bank there?"  Hey, Hoffa, good luck finding one of the few remaining banks left standing that doesn't have a single customer that you and the Teamsters are not strong-arming in some fashion.  Where does it end, who's next on the "Teamster Temper Tantrum Parade?"

Teamsters hurt those kids.  Teamsters hurt the Oak Harbor employees.  Teamsters hurt Gap employees.  Teamsters hurt Gap customers.  Teamsters hurt KeyCorp and KeyBank.  And yep, Teamsters even hurt themselves with campaigns like these.

Oops, I think I lobbied on myself

There is a interesting article by Hans A. von Spakovsky on the Weekly Standard's website called "The Nominee Who Lobbied Herself".  Go read it because it could become very interesting.

Will Hilda Solis's breach of House ethics rules disqualify her from serving as Secretary of Labor?

Per Hans, the Ethics Manual of the House (specifically page 352) restricts the lobbying of members..."members should not take an active role in lobbying Congress on behalf of a private organization since that would conflict with a Member's general obligation to the public".

Solis was a co-sponsor in 2007 of both the Employee Free Choice Act and the Public Safety Employer-Employee Cooperation Act, while serving as a board member of American Rights at Work (pro-union organization).  AWR spent $110,000 in 2007 and $120,000 in 2008 on lobbying expenses according to lobbying disclosure forms filed with Congress.  But wait there's more...not only was Solis a board member of AWR, she was the treasurer and thus would have approved the spending by AWR on lobbying other members of Congress on both of the bills she was sponsoring for passage.  Might want to refer back to page 352 of the Ethics Guidelines, because, I think that maybe, just maybe, that might be a conflict of interest.

The rest of the story as Paul Harvey would say is that Solis tried to cover all of these up...again read Hans story at the Weekly Standard.  Obama, Obama, Obama---welcome to the big leagues where every mistake has the Hubble telescope trained on it...who is your next pick for Secretary of Labor?

Miller looking for EFCA Cosponsors

Representative George Miller (D-CA) sent out the following letter/email last Thursday/Friday with a deadline of tomorrow (Tuesday-February 3rd).  Why the short deadline? Are we introducing "something" in the House on Wednesday say around 10:00 am when the session opens?  There are rumors of a rally on the capitol steps with the union front group, American Rights at Work, to promote the Employee Free Choice Act...

Read for yourself...

Cosponsor the Employee Free Choice Act!

Deadline for Original Cosponsors is next Tuesday COB

From: The Committee on Education and Labor
Sent By: xxxx@mail.house.gov
Date: 1/30/2009

Be an Original Cosponsor of 

The Employee Free Choice Act

Original Cosponsor Deadline is Tuesday, February 3, 2009!

January 29, 2009

Dear Colleague:

In the 110th Congress, we made historic strides in the fight for workers’ rights and economic fairness. The Employee Free Choice Act, which would restore workers’ rights to organize and collectively bargain, garnered 234 House cosponsors, from both sides of the aisle. It passed the House with 241 bipartisan votes. Unfortunately, opponents refused to allow a vote in the Senate on this critical bill for working families, and the Bush White House promised a veto.

As we begin this new Congress, with stronger pro-middle-class majorities in both Houses and a President who supports the bill, I am writing to urge you to join me as an original cosponsor of the Employee Free Choice Act. This bill is more important than ever.

* As the current economic crisis shows us, we cannot maintain or grow a middle class on credit. During the last recovery, real income stagnated or declined for most Americans, even as productivity increased. Americans relied on increased consumer debt and decreased savings rates to maintain middle class lifestyles. This proved unsustainable. To ensure that the next economic recovery is fair and sustainable, we must re-link rising productivity with rising wages. Workers need to be able to exercise their rights to join together and push for a seat at the table and a better deal. The Employee Free Choice Act is critical for an economy that rewards work and works for everyone. As Nobel Laureate economist Paul Krugman recently explained: “[The Employee Free Choice Act] will enable America to take a huge step toward recapturing the middle-class society we’ve lost.”

* The current system for forming unions and bargaining is badly broken. Workers are frequently denied the right to determine for themselves whether to form a union. Employers routinely intimidate, harass, coerce, reassign, or even fire workers who support a union. A Center for Economic Policy Research report found that an active union supporter has a one in five chance of being fired for legal organizing activities. Employers who break the law face no fines and treat the back pay they may be required to provide a fired worker as a mere cost of doing business. Even when workers manage to form a union, employers can continue a union-busting campaign by refusing to reach a first contract. A recent study found that 34 percent of newly organized unions still did not have a contract after two or three years of bargaining.

* On average, workers who belong to unions earn 30 percent more than nonunion workers, and they are much more likely to have healthcare and pension benefits. And the American people know it – surveys find that more than two-thirds of Americans believe that unions can make a difference for today’s workers. Corporate executives can negotiate lavish pay and retirement benefits for themselves – but, without a union, workers have little leverage to negotiate for a better life for themselves and their families.

* The Employee Free Choice Act would restore workers’ rights to form unions and bargain. The legislation would stiffen penalties against employers that break the law, and it would provide for mediation and binding arbitration when parties are unable to agree on a first contract. Under the Employee Free Choice Act, if a majority of workers in a workplace sign cards authorizing a union, they get a union.

* The Employee Free Choice Act rightly leaves the choice to form a union up to workers – not corporate executives. Under current law, workers can form a union through a National Labor Relations Board (NLRB) election or, only if the employer agrees, majority sign-up. The Employee Free Choice Act still provides for an NLRB election process, triggered when 30 percent of the workers petition for one – same as current law. But a majority of workers could opt for the less divisive majority-sign up process, and the employer would not be able to veto that choice.

* Majority sign-up is a tested idea. Majority sign-up has been used since the 1930s. Since 2003, a half million workers have organized through this process. When responsible employers have agreed to majority sign-up, instead of the divisive NLRB process, coercion is reduced, and more cooperative labor relations develop.

* Freedom of association is a fundamental human right and a deeply-held American value. Every American deserves the right to freely decide whether to form or join a union just as they deserve the right to freely decide whether to join a church or a political party. The Employee Free Choice Act goes a long way toward guaranteeing this freedom for workers.

It is time to give working families a fair shot at exercising their basic rights without fear, intimidation, or coercion. And it is time to give American workers a fair shot at fighting the middle class squeeze on their families. As we work to stem the downturn and stimulate the economy, we should ensure that this recovery, unlike the past recovery, is a fair recovery that grows the middle class.

Please contact Meredith Regine at ext. xxxxx or xxxx.xxxxx@xxxx.house.gov by Tuesday COB to have your name added to the list of original cosponsors of the Employee Free Choice Act.

Sincerely,

/s/

GEORGE MILLER
Chairman
Committee on Education and Labor