Projections Blog

We Have Moved

2010-07-29T14:33:00.002-04:00

The Projections Blog can now be found at http://projectionsinc.com/blog. Please update your bookmarks and any links as we make the transition.

An EFCA Revival?

2010-07-09T09:57:00.001-04:00

There are a couple interesting stories from the past week where supporters of the Employee Free Choice Act make it known that the legislation will not go down without a fight.

In commemorating the 75th anniversary of the passage of the National Labor Relations Act, Labor Secretary Hilda Solis used the moment to essentially reinforce the administration’s belief that unions strengthen the economy, while once again committing their support for the Employee Free Choice Act.

Here is what she said about EFCA:

In order to rebuild the middle class today, we need to level the playing field for all working people and update our labor laws to fit the 21st century workplace. That's why the President and I support the Employee Free Choice Act - which would update the NLRA so workers can form unions if they choose to without fear or pressure.

I suppose she figures her audience at the Huffington Post knows what EFCA is but she declines to say what it does or how it does it. She made the argument about “leveling the playing field” many times in the column, but never mentioned anything about secret ballots, card check, etc. which has been the strategy of supporters for some time.

And in a Wall Street Journal article from earlier this morning they talked about the possibility that Democrats will try to pass major, often controversial legislation, during the lame duck session of Congress. One of those bills that continues to get brought up is EFCA. Sen. Tom Harkin (D-IA) is in favor of that, and in the House one Democrat spoke frankly about the possibility. When it comes to EFCA, “the lame duck would be the last chance, quite honestly, for the foreseeable future,” noted Rep. Raul Grijalva (D-AZ).

Looking At The New Union Election Statistics

2010-07-08T11:04:00.000-04:00

About a week ago, the Bureau of Labor Statics released the latest numbers on union elections, along with a 13 year trend. Here are the numbers for 2009: there were 1,304 elections for union representation held with the union winning 864 of them. That represents a 66.3 percent win total, the highest winning percentage since World War II probably- and slightly higher than last years 64.7 percent.

It appears that that is the new labor strategy. Don’t bother holding the election unless it looks pretty evident the union will win. Looking back over the past 13 years, the union winning percentage has increased steadily from 50.8 percent in 1997 to where it is today. While that may make for good PR, it has not done much to increase union numbers.

In 1997, there were a total of 3,261 elections held- the union won about half- with a little more than 90,000 employees joining the union (out of about 224,000 who cast ballots). In the past year, just 44,033 new employees were involved in petitions won by the union- down about 50 percent from 13 years ago. At the same time, only 69,832 employees were even eligible to vote- down a remarkable 70 percent from 1997.

Harkin Says That EFCA Could Come To Life During Lame-Duck Session of Congress

2010-06-25T09:18:00.001-04:00

Sen. Tom Harkin (D-IA), probably the biggest proponent of the Employee Free Choice Act in the Senate, remains optimistic that the labor organizing bill can still pass during this session of Congress.

On Thursday, Harkin appeared on the Bill Press radio show and hinted at what strategies they may follow to pass the bill before a new, most likely less union-friendly Congress is sworn in in January. Harkin said they may try to pass “key parts” of the bill individually if they can’t move it in its entirety. He also stated that they may try to pass the bill during the lame-duck session. That refers to the period of Congress after the November elections, but before the new session begins in January. To pass anything that controversial would be quite a task as it rarely happens.

But when you think about it, there are some fence-sitters or those who outright oppose it right now that look unlikely to win re-election in November (or have already lost their primary) and obviously would not have to answer to any constituents. Sen. Arlen Specter (D-PA), who once opposed the bill but now favors a compromise version, has already lost his primary and could potentially move to support every part of the bill. Sen. Blanche Lincoln (D-AR) barley survived a challenge in her primary (her challenger was mainly funded by unions), but has little chance of winning re-election in November. She initially supported EFCA, but backed off over the past year as she geared up for re-election. Would they be inclined to support this in November or December?

Harkin’s final message was simply: “To those who think it's dead, I say think again.”

E-voting In Replace of EFCA?

2010-06-21T10:53:00.000-04:00

The Hill recently had a story on an issue that the National Labor Relations Board is looking into which has business groups calling it the new Employee Free Choice Act. The issue at hand is electronic union balloting, and the NLRB recently released a “request for information” to see how federal contractors would administer such a system.

Business groups such as the Chamber of Commerce, Coalition for a Democratic Workplace and Workforce Fairness Institute, which took the lead in drumming up opposition to EFCA, have now zeroed in on this move. Glenn Spencer, executive director of the U.S. Chamber of Commerce’s Workforce Freedom Initiative, said the NLRB is looking for ways to implement EFCA single handily, adding, “They will look for ways around the private ballot, taking the worker out of the privacy of the ballot booth. This is just the first step.”

The Coalition for a Democratic Workplace sent a letter to the board, which said (in part): “Among other adverse impacts, using electronic means to permit off-site, or remote, voting during union organizing elections will subject employees to a level of intimidation and coercion that does not occur during an on-site, private ballot election that is directly supervised by the NLRB. Electronic voting bears a striking resemblance to the card-check scheme.”

Trumka: We won’t quit until EFCA becomes the law of the land

2010-06-15T10:39:00.002-04:00

Despite multiple reports of EFCA’s death by both Republicans and Democrats, AFL-CIO president Richard Trumka continues to put on a positive face. At the recent UAW convention in Detroit, Trumka stated that his group and others “won’t quit until the EFCA becomes the law of the land.” He also pressed the UAW members to intensify lobbying efforts with their member of Congress in support of Employee Free Choice Act, labor’s top legislative priority which once looked like a shoe-in for passage before stalling in Congress.

Trumka also took the opportunity to praise “the leadership of President Obama,” and called the administration one in which “understand that we cannot have a middle class in this country without a strong domestic automobile industry and without strong union contracts.” This is about a week after labor and White House officials- usually strong allies- traded shots following the Arkansas Democratic primary. The White House was backing incumbent Sen. Blanche Lincoln, while most unions were backing her primary challenger Bill Halter. Upset with Lincoln’s opposition to EFCA, unions spent in the neighborhood of $10 million in a losing effort. Following the election, a White House official declared the unions had just “flushed $10 million down the toilet,’ while a union official stated they are not “an arm of the Democratic Party.” Since that time, the two sides have somewhat made-up and there was no evidence of hard feelings toward the administration in Trumka’s speech.

Also, at the convention, UAW president Ron Gettelfinger gave his last address to the group he led for eight years. The New York Times has an interesting write-up on some dissenters within the UAW ranks who feel that union has gone too far in concessions. One of those dissenters is Gary Walkowicz, a Dearborn, Michigan plant worker, who led a drive against last summer’s concessions and is running for president. It will be interesting to see who ends up with Gettelfinger’s old job.

Unions To Spend Well Over $100M For Midterms

2010-05-25T11:44:00.003-04:00

Two major unions, SEIU and AFSCME, plan to spend around $100 million between themselves on the upcoming November elections where every seat in the House and a third of the Senate is at stake. In March, the AFL-CIO said they are looking to exceed the $53 million they spent on the 2008 election.

But this time around the strategy is a bit different. While unions were critical in building and expanding the Democratic majorities in 2006 and 2008, there plan this year is to save that majority. Incumbent protection is the name of the game as offense has switched to defense.

Gerry McEntee, president of the American Federation of State, County and Municipal Employees (or AFSCME) said the union plans on spending “in excess” of $50 million as they have eight Senate seats and 34 House seats in their top tier program. “We have got to protect the incumbency in the House. We have got to protect the incumbency in the Senate… We are not out there looking for new seats. We have our hands full the way it is,” McEntee said.

Another major player, SEIU, is looking to spend about $44 million which they began spending last year thanking legislators for supporting healthcare reform. They currently have a list of 15 top-priority House districts that they are hoping to keep in the Democratic column. “In the past, we have not paid as much attention to incumbent protection as we have this year,” said Jon Youngdahl, national political director for the union.

The AFL-CIO, who are yet to give specifics on spending plans, said they plan to be active in Senatorial and gubernatorial campaigns in 18 states along with 60 to 70 House races throughout the country.

While labor’s top priority- the Employee Free Choice Act- has yet to come to fruition (and most likely won’t before November), it appears the biggest issue when it comes to supporting and defending an incumbent is the members vote on healthcare. In fact, many unions are opposing or not supporting Democrats who had co-sponsored or supported EFCA in the past if they opposed the healthcare legislation.

Harkin: Votes Aren’t There On EFCA

2010-05-19T16:16:00.001-04:00

Sen. Tom Harkin (D-IA) has been a key player and proponent of the Employee Free Choice Act in the Senate. He currently chairs the Health, Education, Labor and Pensions committee where he hoped to steer the legislation to passage. That obviously has not to come to fruition, and he recently admitted the votes were not there to pass the bill. While many have known this to be true for some time, few Democratic or labor leaders have admitted such. The key question is: what do supporters do to work around the lack of vote for passage of EFCA?

Trumka: We Will Attach EFCA To Something

2010-05-06T13:25:00.001-04:00

The Employee Free Choice Act has taken on many different lives over the past year. We saw the original bill become a compromise of sorts after several Democrats expressed concern with card check. Still, there is no “official” compromise bill but Democrats insist they are regularly having negotiations and discussions concerning the bill.

And just how they are going to pass EFCA has left a number of questions. When the thought of getting 60 votes in the Senate appeared out of reach, attention soon turned to the National Labor Relations Board. With a 3-1 pro-labor majority, some labor leaders are pushing to have the board institute provisions of EFCA. Right now, that appears to labor’s best shot at getting approval of their top-priority. After the 2010 elections, Congress will most likely be less union friendly, but the NLRB will remain.

But here is another twist for instituting EFCA. AFL-CIO President Richard Trumpka, knowing it can’t pass on its own, is calling on Congress to attach EFCA to some other (most likely more popular) piece of legislation. “Anything we can get it attached to. There are multitudes of things we can get it attached to, and we will. We will get it done and it will be a good thing for the country.”

Trumka, who has publicly remained confident that the bill will pass, said there will be a vote on the bill this year- and it will pass.

Mary Kay Henry will be next president of SEIU- not Anna Burger

2010-04-23T20:36:00.001-04:00

According to Ben smith at Politico, thanks to a handful of undecided SEIU locals swinging to Mary Kay Henry, the California nurses leader will be the power union's next president. Outgoing president Andy Stern was backing Secretary-Treasurer Anna Burger, and she was seen as his heir apparent. Burger was very much involved with the Washington political scene (like Stern), while Henry has focused on a need to focus on organizing (over politics). It will be interesting to see what direction SEIU now follows and if the close relationship with Obama and Congressional Democrats changes.

Projections, Inc. announces new Partnership with Labor Research Partners

2010-04-20T13:13:00.001-04:00

Projections, Inc. today announced that the company has forged a new partnership with reporting firm Labor Research Partners, in an effort to help bring more timely and effective NLRB Petition reporting to the marketplace.

“To date, the petition reports available to labor attorneys, consultants and even companies have been lacking. The data is often days old and omits vital information that could mean the difference between unionization and continuing to operate union-free,” said Projections’ CEO Walter Orechwa.

Labor Research Partners offers next-day reporting of RC, RD, RM Petitions as well as Unfair Labor Practice charges. These reports include details such as employer information, case numbers, and the union and local involved, when those are available. “Because of the speed with which we collect our data, Union and Local information is sometimes not available from the NLRB,” commented Labor Research Partners’ Drew Kronick. “But our subscribers know that timeliness is the most important element when it comes to reacting effectively.”

In addition to the speed at which their reports are made available, the integrity of Labor Research Partners’ data far surpasses that of competitors, and at a fraction of the cost of competing reports. Additionally, Labor Research Partners’ method of presenting “cumulative-for-the-month” reports makes it easy for subscribers to build an archive of NLRB filings.

Kronick said he felt the partnership with Projections would do the business community a great deal of good, “With the strength of Projections’ connections, and the service and superior product LRP offers, this partnership is clearly a win for everyone.”

To receive a complimentary two-week trial of Labor Research Partners’ reports, attorneys, consultants and corporate representatives can visit the sign up page.

Three Questions For Life After Stern

2010-04-14T11:07:00.002-04:00

Andy Stern’s announcement that he will be stepping down as head of the Service Employees International Union certainly came as a shock as Stern was undoubtedly in the best position of his life, at least politically. Stern was the most frequent visitor to a White House that has the most pro-labor administration since the 1960s. So while I am not going to speculate on what caused Stern to resign, here are a couple other questions that we will see play out in the near future:

Who will be the new president of SEIU?

In the piece yesterday we mentioned a few names including SEIU Secretary-Treasurer Anna Burger. She is viewed as Stern’s heir-apparent and is the most obvious choice to replace him. Burger is/ was a close ally to Stern and in addition to her role with SEIU, she also served as the first chair of Change to Win when they broke off from the AFL-CIO. She is also a close ally to President Obama having served on the President’s Economic Recovery Advisory Board. You have to imagine this would be a smooth transition.

Will Trumka be the new “punching bag?”

I saw this question posed at Politico yesterday. Andy Stern has certainly been a punching bag of sorts for opponents of the labor movement and their agenda. The AFL-CIO has a relatively new president, Richard Trumka, and he seems ready, willing, and able to be the mouthpiece of organized labor. Look for Trumka, who does not have a high-profile yet, to emerge as the new face of the movement making him a prime target.

Will Change to Win unite with AFL-CIO?

With Trumka replacing John Sweeney at the AFL-CIO and a new president on the horizon at SEIU, you can say there has been a changing of the guard and the cards look to be in place for the two sides to have a reunification. Change to Win, Stern’s break off coalition, has been getting smaller and never really challenged the supremacy of AFL-CIO. There are lots of talks about reunification being floated; the near future seems like the best time if that was going to happen.

Breaking: Andy Stern To Resign

2010-04-13T09:01:00.001-04:00

Service Employees International Union President Andy Stern is set to resign his post as leader of one of the nation’s largest and most powerful labor unions, according to SEIU officials. Ben Smith with Politico was the first to break this story last night.

Stern’s term as president is up at the end of 2012 although an exact date of departure is not known yet. The SEIU Executive Committee is gathering in Washington this week, and their official press release states that they will “address these rumors” at the end of the week.

Names of the most common replacements include Change to Win executive director Anna Burger, along with Mary Kay Henry and Gerald Hudson, both high ranking union officials.

Lindsey Graham: EFCA Will Come Back Again

2010-04-01T13:17:00.001-04:00

Speaking to business leaders at the Clemson (S.C.) Area Chamber of Commerce yesterday, Sen. Lindsey Graham (R-SC) touched on a number of the Obama Administration’s initiatives, including the Employee Free Choice Act.

Graham said, “We had Card Check pretty much tamped down,” but he warned, “It is going to come back up again.”

Looking at the political spectrum, it appears the White House feels they have momentum following the healthcare reform victory a couple weeks ago, and are going to push forward with much of the president’s stalled agenda.

The most recent move was instilling two new members to the National Labor Relations Board via recess appointments over the weekend; both labor lawyers with controversial records.

That was an easy move, only requiring the president’s signature. Trying to enact something like EFCA will take a lot more work from supporters to convince already nervous moderate and conservative Democrats to get behind it. We shall see. Based on early 2010 Senatorial race predictions, this may be the best shot to pass EFCA for at least two more years- something not lost on labor unions and the president.

What The NLRB Recess Appointments Mean…

2010-03-30T09:17:00.002-04:00

Peter Kirsanow, a former member of the National Labor Relations Board, offered this assessment of what we could see from the NLRB with the recess appointments of Craig Becker and Mark Pearce; both union lawyers:

The concern is that the Board, by issuing decisions and rules, could elevate union certification rates near levels anticipated under card check. The concern isn't overblown. Even without the passage of EFCA, the Board could significantly change the organizational landscape. For example, the Board could adopt rules recognizing minority unions, implement ‘quickie’ elections, grant unions greater access to employees for organizational purposes, restrict employer options during union campaigns and elections, recast supervisors' roles during election campaigns, leverage neutrality/card-check agreements by overturning certain Bush Board decisions, and increase the use of mail-ballot elections.

As you may be aware, there are currently three openings on the board. President Obama had put forth three nominees, two Democrats and a Republican. However, Obama chose to appoint just the two Democratic nominees over the weekend, meaning the Republican needs to be confirmed by the Democratic-controlled Senate. In a different blog post, Kirsanow stated that he believed Brian Hayes, the Republican nominee, is being used as leverage in the Senate to confirm all three as part of a package deal.

Under a recess appointment, Becker and Pearce can only serve through the end of 2011. The seats will be vacant once again at that point if they are not confirmed. If they are confirmed, however, they can serve around another three years.

Unions Making Political Waves Early

2010-03-16T12:42:00.002-04:00

We had previously talked about the financial investment unions are ready to make in the 2010 elections, and now they are working to make their voice heard.

While this story may have unfolded in a Staten Island, New York congressional district, it could resonate throughout the country with moderate Democrats. The SEIU, last week, met with Rep. Mike McMahon (D-NY) and bluntly told him they will field a primary challenger against him should he vote against the healthcare bill.

The official who made the statement was Mike Fishman, president of SEIU 32bj, the largest property workers union in the country with 120,000 members in eight states. McMahon comes from a conservative district and opposed the bill last year, but Democrats and unions are looking for him to change his vote this time around.

Fishman said, “We put an enormous amount of effort into electing Democrats…If you can’t support this, we can’t support you.” That message is pretty clear. McMahon, for the record, is a co-sponsor of the Employee Free Choice Act, but clearly that is not enough.

Speaking of EFCA, one Senator who has held every position possible on the bill is Republican-turned-Democrat Arlen Specter. Specter, who is in a primary fight with Rep. Joe Sestak, received good news yesterday in the form of an endorsement from the SEIU.

Specter, as a Republican, announced his opposition to EFCA about a year ago sending a dagger in the hearts of labor unions. However, Specter soon bolted to the Democratic Party and modified his position to say he supports a compromise bill that he has been working on. Sestak has been challenging Specter from the left, but Specter’s new position seems to be good enough for the union. Specter also has the backing of the UAW and the Transportation Union (as well as several locals). Sestak has the backing of the UFCW.

Recent polls give Specter a big lead in the primary.

We will also be following the Arkansas Senate race where labor has put all their eggs in the basket of Lt. Gov. Bill Halter who is hoping to defeat Sen. Blanche Lincoln in the Democratic primary. Four unions- SEIU, AFL-CIO, AFSCME, and CWA- have pledged $1 million a piece to this primary. (This is an interesting way to spend their money considering polls show both Lincoln and Halter getting clobbered in the general election).

Lincoln- to her credit (or maybe not)- has ignored calls to move to the left in the race, continues to call herself an “independent voice,” and bashed Halter for using union money to pay off his debt from a previous campaign.

Stay tuned, we’ll only have more stories as we get closer to November.

AFL-CIO Will Be Heavily Involved In Midterms

2010-03-03T10:04:00.002-05:00

A lot of the talk involving the November elections is that rank-and-file union members are not exactly excited about helping out Democrats (as they were in 2008). Just how much ground work they provide remains to be seen, but the unions do not appear to be holding back financially.

The AFL-CIO is planning on spending more than they ever have this time around; likely surpassing the $53 million they spent in 2008. And the union will be focusing there money and efforts on six key states: California, Illinois, Nevada, New York, Ohio, and Pennsylvania.

These states all have relatively high numbers of union workers and families, and play home to several important elections.

Of the six Senate elections in the states the AFL-CIO is focusing on, five seats are held by Democrats and one (Ohio) is held by Republicans. As it stands today, California (Boxer) and New York (Gillibrand) are relatively safe bets to hold for Democrats. Illinois (open), Ohio (open) and Pennsylvania (Specter) are all regarded as toss-ups, while Nevada (Reid) looks likely to flip to Republicans.

The states also have many competitive House elections that the AFL-CIO will be involved in.

On a side note, the AFL-CIO has endorsed Arkansas Lt. Gov Bill Halter in the Democratic primary against incumbent Sen. Blanche Lincoln. The union has committed $3 million toward Halter. Both Halter and Lincoln are trailing badly to the likely Republican opponent, and the odds are good this will flip sides in November.

But as we have said, look to see if the union members themselves are excited about the election- not just the bosses.

Will Labor Take Their Frustration Out on Democrats?

2010-03-01T11:44:00.001-05:00

The Associated Press had a write-up over the weekend where they examined just what was going on with organized labor as we are well into year two of the Obama administration- and just eight months away from mid-term elections.

It doesn’t take a genius to realize that labor is not happy- although in the past they have seemingly withheld that frustration publicly. When Obama chose healthcare reform as his top legislative fight, unions went along under the premise of “healthcare now, EFCA next.” And with a labor friendly president, a huge majority in the House, and a filibuster proof 60 seats in the Senate (at least until Scott Brown’s election in January), you had to like labor’s chances at getting their way.

Well, healthcare reform is stalled and EFCA has essentially been declared dead for now. When you consider that labor spent $400 million on Obama and Congressional Democrats, it doesn’t look like they have had a good return on investment quite yet.

Richard Trumka, AFL-CIO president, has started to criticize the work of Senate Democrats. He likened the $15 billion jobs bill to putting a “Band-Aid on an amputated limb.” But Trumka is far more likely to be casting blame on Senate Republicans. Earlier he urged a recess appointment for Craig Becker, the union lawyer whose NLRB nomination was blocked in the Senate, calling on supporters to “demand that President Obama fight Republican obstructionism.” I imagine Trumka and other labor leaders will stick to putting pressure on the White House privately.

If unions had trouble getting their agenda through this relatively friendly Congress, the 2010 mid-term election pose a definite challenge to them. United Steelworkers president Leo Gerard said “we’re going to have a hard time motivating our folks” to get involved in the election battles if Senators and Representatives do not push their agenda forward- which many Democrats have not been doing in their opinion.

Labor typically serves as the base of the support for Democrats performing tasks such as manning phone-banks and going door-to-door. The Democrats will need every bit of their enthusiasm as political analysts see four Democratic held seats in the Senate that Republicans look likely to win in the fall, with four more seats that could go either way. A net loss of four to seven seats is expected meaning the Democrats majority would be in the range of 52-55, which is a world away from the 60 Democrats once held.

Miss Me Yet?

2010-02-10T14:00:00.001-05:00

It seems that out on I-35 near Wyoming, Minnesota there is a billboard that is well, in my words, "just damn funny!" No-- it's not the one pictured on the left, but one very similar with George W. Bush and the question: "Miss Me Yet?"

I don't know about you but I found this to be pretty funny. When I first heard about it (and saw it online), I thought it was just a picture that someone had photoshop-ed and put online as a joke. But then MPR (Minnesota Public Radio) did a story on the billboard in an effort to see who created it as well as who paid to put it up.

Half of the mystery was solved within a day. Schubert & Hoey Outdoor Advertising put the billboard up. But who paid them? An anonymous group of small business owners who "feel like Washington is against them" according to Mary Teske, General Manager.

What is amazing to me is that the NPR blog had 767 comments that got fairly entertaining until the NPR staff Associate Producer, Eyder Peralta wrote:

"We've closed this thread down, because even after a warning, the personal attacks and name calling - on both sides - have continued and we try our hardest to keep the conversation on NPR.org civilized."

Fox News calls "Bush Billboard a Sign of Hope and Change."

and to keep things fair: The Huffington Post reads, "We don't miss him, we miss making fun of him." They also have a "make your own George W. Bush billboard" photoshop contest going. Over 160 entries so far...

For what it's worth, I do miss George W. Bush. God Bless America.

Unions Still Claim Confidence In EFCA Passing

2010-02-04T08:55:00.001-05:00

Many people have speculated that EFCA is as good as dead for 2010 as Scott Brown became the 41st Republican, giving the GOP enough votes to filibuster any legislation should they all vote together (once he is seated). There also appears to be little sentiment on Capitol Hill- especially among Democrats in difficult re-election battles- to deal with controversial measures such as the Employee Free Choice Act.

Clearly, incumbents would much rather have issues like a jobs bill or tax cuts to run on rather than something like EFCA. But, that does not mean labor will just sit back and accept what appears to be political reality.

Over the weekend, AFL-CIO President Richard Trumka predicted that the EFCA will pass this year. Trumka argued that the bill will be good for the economy by raising wages, therefore giving Americans more disposable income. Trumka’s comments may be more wishful thinking than insider knowledge.

Sen. Tom Harkin (D-IA), who heads the Health, Education, Labor and Pensions Committee, and has been a longtime supporter of the bill, said that the future of the bill is uncertain. He said talks for a compromise are ongoing (and have been for the past year), but that he doesn’t know if a vote will take place after the Massachusetts special election.

Harkin said that he still believes something needs to be done, and a bill may come up “this spring” or “before summer” but that is “just a possibility.” The Senator, however, could not commit to anything and didn’t offer any predictions as bold as Trumka’s.

EFCA In A Scott Brown World?

2010-01-20T10:32:00.002-05:00

While most of the political world was focused on what Scott Brown’s win means for big-tickets items like healthcare or cap-and-trade, many of the back-burner issues will also be affected. This, of course, includes the Employee Free Choice Act.

With 41 seats in the Senate, Republicans can now filibuster EFCA (or any other bill) should they hold the entire caucus. EFCA was never an issue on the campaign, and Brown’s position is beyond me, although you would have to think he opposes it. Labor unions- both nationally and in Massachusetts- backed the Democratic nominee Martha Coakley, but interestingly Brown won about 46% of union members- a surprisingly high total for any Republican.

My first thought is that it is not the fact that Republicans have 41 votes, which may kill EFCA for 2010, but the fact that this should be a warning sign to Democrats that voters are not happy about the direction of the country and they need to modify their agenda. It is not whether Scott Brown supports or opposes EFCA, but that I don’t see how you get moderate Democrats from conservative states to vote on this bill in light of the Massachusetts special election.

Now, Obama has initially responded that he will not alter his agenda- but rather kick it up a notch. But morning-after statements from various Congressional Democrats have given me the impression that that will not be possible. After all, they are the ones up for re-election in 2010 who have to sell these unpopular plans to their constituents.

Labor unions have also taken a similar approach to Obama’s. SEIU President Andy Stern said the reason Democrats’ lost last night was because of “Washington's inability to deliver the change voters demanded in November 2008.” I wouldn’t expect labor to back down anytime soon considering the money they have invested in the president.

Labor leaders kept insisting that EFCA would come after healthcare. They have also made a point of saying that Democrats will need them to win in 2010. As long as big labor is still heavily involved in politics with a friendly White House and majorities in Congress, bills such as EFCA will still hang around. But as for right now, I would say the best labor can hope for is a weak compromise bill, hiding it in a jobs bill (and hoping no one finds out), or getting the NLRB to institute certain provisions of it.

So what is Projections' advice for companies wondering what to do now? It is the same as it ever was--take advantage of organized labor's current state of confusion (and the time it gives you) to communicate with your employees and train your supervisors and managers about your company's union free philosophy. Waiting for the EFCA to come to fruition or letting labor continue to devise other work arounds will be simply giving your advantage right back to the unions.

Ever Been to Onaway, Michigan?

2010-01-14T11:45:00.001-05:00

Ever been to Onaway, Michigan? Don't feel bad neither have 95% of the UAW members. Onaway, Michigan is in the Northern tip of Michigan, a stone's throw (across Lake Huron) from Canada.

What's in Onaway you ask?

Why the $33 million dollar lakeside Walter and May Reuther Family Education Center and Black Lake Golf Club that the UAW owns on behalf of its members. Surely, you've vacationed there! Or at least went to a UAW convention there or maybe a Local meeting? No? Huh, that's strange. I just figured since it had lost (and is still losing) an estimated $23 million over the past five years, that perhaps you had visited there or played a round or two of golf. I hear the $6.4 million dollar, award-winning course has only $2 locker rental for UAW members (the public pays $5). See the advantages you are missing?

"The Family Education Center was the dream of former UAW President Walter P. Reuther who built it as a retreat for workers and their families that would give them a deeper understanding of the UAW and the union movement away from the routine of their daily lives." (from blacklakegolf.com)

Try this for a deeper understanding, the UAW says that it covers the cost from the interest it earns on its strike fund but the reality is that with the $23 million in losses they had to make heavy loans to keep the retreat afloat. So don't go on strike until at least 2015...

"It's their member's money that they're spending on this thing," said Justin Wilson, managing director of the Center for Union Facts. Other critics call it a resort for union leaders that wastes money from union dues.

The UAW says it sends workers there to "learn, experience unionism and commit to labor's cause," according to their website.

In fact, the UAW website says: "Youngsters ages 12-15 will enjoy union involvement workshops, golf, swimming and gym games." But you had better hurry, because the UAW is about to unload the entire thing--It's For Sale.

"UAW officials say the recession and shrinking membership are behind the expected sale of it lakeside retreat in Northern Michigan." (from wilx.com AP report)

So expect a refund on your hard-earned dues money any day now and use it to enroll your "youngsters" in summer camp somewhere else. Be sure to ask the camp director about the "union involvement" workshops across from Archery and Basketweaving...

Labor Leaders Push For EFCA in 2010

2010-01-11T14:45:00.001-05:00

We have seen two things through the first year of Barack Obama’s presidency that tend to contradict each other. On the one hand, labor leaders such as Andy Stern and Richard Trumka have been some of the most active guests at 1600 Pennsylvania Ave. At the same time, labor has been largely disappointed by what they have seen from the president and Congress- both strong allies.

They have, on a couple of occasions this year, criticized legislation being pushed by the House or Senate. They have not, however, decided to openly rebuke the president. I imagine most of their dealings happen behind the scenes and would rather avoid a public fight. Because of this, labor leaders have been rather quiet with respect to the Employee Free Choice Act- their marquee legislation that the president promised to advocate for when he was a candidate.

Their happy face on EFCA generally revolves around “it’s coming soon.” With the Democrats deciding to spend most of 2009 on healthcare reform legislation, labor leaders said EFCA was next.

In recent articles, both AFL-CIO President Richard Trumka and SEIU President Andy Stern expressed confidence in a vote coming sometime soon- with Stern indicating a vote in the spring. Stern is certainly privy to this type of information, and Senate leaders have said talks are continuous, but whether there is the stomach for this type of bill remains to be seen.

If the Democrats were to lose just one seat in the fall, Republicans would be able to block this bill in the next Congress should they hold their entire caucus. Right now, signs indicate Democrats will have a net loss of seats- at least one- if the elections were held today.

I would expect more of a panicked tone from labor should we get into the summer with no EFCA yet and the political winds continue to look much as they do now. They will not let the money and effort they spent in 2008 go without at least a vote and serious push by the president.

House Republicans Voice Opposition to Proposed NMB Labor Law Change

2010-01-07T11:07:00.001-05:00

Thirty-one House Republicans signed a letter addressed to National Mediation Board Chairwoman Elizabeth Dougherty expressing their opposition to changing union election procedures for airline and railroad personnel. The proposed law would allow a union to be voted in if just a majority of those voting approve of it. Currently, a majority of the bargaining unit has to support it for the union to be recognized.

Here is the letter:

Dear Chairman Dougherty and Members of the Board:

We are writing in strong opposition to the Board’s proposed rule to modify a 75 year policy and legal precedent contained in the Railway Labor Act (RLA) in order to allow union representation in circumstances where a majority of the workers do not wish to join a union.

The current longstanding voting rules are well grounded in the unique language of the RLA. The law does not refer to a majority of “voters”. It says that a majority of the workers in a class or craft must vote for a union for it to be certified. The decision on the right to join a union belongs to a majority of workers, not to the company, not to the government and certainly not to the union. Under the Board’s proposal a small minority of a work group could impose union representation on the majority. The U.S. Supreme Court has upheld the current majority rule voting procedure used by the NMB.

Unlike the provisions of the National Labor Relations Act, once it is certified, a union might never have to stand for reelection because the NMB voting rules do not have a voting process that allows employees to petition for decertification. We understand that the Board has failed to consider various requests to include this change in new voting rules. Clearly, in its present form the Board proposal violates the rights of workers who choose not to purchase the services of a labor union.

We have concluded that this proposed voting rule change is quite similar to the approach contained in the Employee Free Choice Act. It is a politically motivated decision that tilts airline and rail representation elections in the favor of organized labor. This decision is too important to be decided by two appointed and unelected Democrats who have chosen to ignore legal and policy precedents that have governed representation rules for airline and rail employees for more than 75 years.

We firmly believe that the Board does not have the legal authority to change the majority rule representation requirement and that any changes should be made by Congress. We urge you to withdraw the proposed rule.

EFCA in 2010?

2010-01-05T10:33:00.001-05:00

Steve Rosenthal, a Democratic consultant and former political director of the AFL-CIO, told Bloomberg last week that the Employee Free Choice Act may have life in 2010. He sees it being incorporated in legislation next year designed to create jobs. A “jobs bill” has been at the top of the Senate’s list for 2010- but what is included in it remains to be seen.

Rosenthal based this on the theory that Democrats will need labor’s support in the mid-term elections, and this is the bill that will energize the traditional ally.

Of course, the flip side of the argument is that Democrats were forced to take a number of controversial votes in 2009 and may not have the appetite to do so in the election year. This specifically includes Democrats in potentially competitive elections such as Blanche Lincoln in Arkansas, Michael Bennet in Colorado and Byron Dorgan in North Dakota. Several other Democrats- with and without upcoming elections- have also expressed reservations.

Nancy Pelosi has already gone on the record to say that any controversial vote- such as EFCA- will need to pass through the Senate first as she doesn’t want to ask members of the House to make these difficult votes only to see bills die in the Senate.

House GOP Warns Of Possible ‘Backdoor’ For EFCA

2009-12-09T09:41:00.003-05:00

Republicans in the House Committee on Education and Labor picked up on a recent article by Philip Klein in The American Spectator, where they point out that the Obama Administration may attempt to see the Employee Free Choice Act enacted via the National Labor Relations Board as it has hit roadblocks in the Senate.

Here is what Klein said:

To this date, Republicans have succeeded in preventing EFCA from becoming law, but the bill’s legislative fate may not even matter if Obama gets several controversial nominees to the labor panel confirmed.

Currently, there are only two members on the five-member NRLB -- one is a Republican and the other a Democrat. To tilt the balance of the board, Obama tapped two union lawyers (Craig Becker and Mark Pearce). He also appointed a Republican Senate staffer, Brian E. Hayes, in hopes it would dissuade Republican senators from blocking the other two.

Becker, a longtime labor activist…wrote a law review article arguing that the major aims of EFCA could be achieved through rulings by the regulatory body to which Obama has appointed him.

Here is what the GOP said in their press release:

It sure seems convenient for union leadership to have friends on the inside who can make their wishes come true without bothering to get the approval of Congress or the American people. Unfortunately, this backdoor to enacting “card check” would still spell trouble for our economy and cost jobs at a time when millions of Americans are out of work. Rather than getting clever with its approach to achieving EFCA standards, the Administration should abandon this item on its job-killing agenda.

Secretary Solis Comments On EFCA

2009-12-08T13:14:00.001-05:00

During a Q&A session with Labor Secretary Hilda Solis, she was asked if EFCA will pass next year.

She offered this brief statement: “The president and I are both on the record that we support the Employee Free Choice Act. It's now up to the Congress.”

Nothing new there and nothing we did not know. She did make a point of saying it was up to the Congress which may give the indication that she- and the president- would oppose a move to institute its provisions via the unelected National Labor Relations Board.

38 Democratic Senators Voice Support for Amending Railway Labor Act

2009-12-07T13:58:00.000-05:00

A group of Democratic Senators expressed their support for a change to the Railway Labor Act which would make it easier for airline and railway workers to unionize. Under the proposed changes, a union would be certified if a majority of those voting support the union. Currently, the union must get a majority of the bargaining unit to win the election. In effect, those who don’t vote are equal to ‘no’ votes.

The National Mediation Board will be having a hearing today on the proposed rule change today, but it is widely believed they will approve the changes as the Democrats now have a majority on the board.

Former Teamsters president Jimmy Hoffa said this about his support for the change: “This reform lets workers choose a union the same way they choose the president of the United States.” I thought that was rather ironic considering the support from Hoffa and labor for card check- which would reverse a policy in place that lets workers vote in a union election the same way they do for president.

Also of interest was the list of Senators who added their show of support. There were no Senators who are considered vulnerable in the 2010 election nor were there any Senators who are on the fence regarding EFCA. Sen. Arlen Specter (D-PA) joined the list, but he is positing himself to win favor with the liberal base as he faces a difficult race in the Democratic primary.

Andy Stern: 2010 or Bust for EFCA

2009-11-19T10:09:00.001-05:00

Noting the large majority for Democrats in Congress, and the possibility that that may change after the 2010 elections, SEIU President Andy Stern said next year would be a ‘do-or-die’ year from Employee Free Choice Act supporters.

Stern said:

"The Democrats really have a historic and decisive moment, for anybody who runs a business there are moments where you sort of make big choices. They have 60 votes for the first time and probably the last time they're gonna have it. They have to decide if they are an army of one or an army of 60."

Stern challenged Democrats saying EFCA’s passage was “a question of whether they (Democrats) can act as a functioning, effective team.”

Stern then sounded a pessimistic tone saying, “I wouldn't bet with them,” with respect to the Democrats being able to move forward with the legislation.

EFCA Lingo

2009-11-19T09:49:00.000-05:00

Various news outlets have picked up on this memo from the SEIU advising their employees on the proper language to use when speaking about the Employee Free Choice Act.

Here’s a couple examples of what you can expect to hear:

It’s not card-check, but majority signup.
A company isn’t anti-union, but anti-worker.
Don’t refer to it as a secret ballot system, but a company dominated system.

An SEIU spokesperson did not deny the authenticity of this memo. Rather, they are trying to “educate them (SEIU members) about the bill.” This is according to Christy Setzer.

Check out the entire memo here.

Who's next SEIU--Webelos and Brownies?

2009-11-16T13:00:00.001-05:00

As an Eagle Scout myself (Troop 110, Covington, LA), I was going to contact the Boy Scouts of America National Council to submit an idea for a new Merit Badge called "Unions 101" but there is no need. More on that in a minute.

Leave it to the SEIU to attack a Boy Scout for performing 250 hours of service work for his community of Allentown, as he works toward his Eagle Scout badge. Nick Balzano, president of the local SEIU, told the Allentown City Council that the union is considering filing a grievance against the city for allowing local Boy Scout, Kevin Anderson, to clear a 1,000-foot walking and biking path at Kimmets Lock Park.

"We'll be looking into the Cub Scout or Boy Scout who did the trails," Balzano told the council.

Are you kidding me? What are you Darth Vader? Well, his name is Kevin Anderson and he is a junior and varsity soccer player at Southern Lehigh High School who is on his way to being a Eagle Scout with Troop 301 in Center Valley, you freaking piece of doo-doo. Yeah, doo-doo...after all I'm an Eagle Scout and we have standards to uphold. Try it sometime Andy Stern...

You see the city laid off 39 SEIU members back in July and the union says, "there's to be no volunteers. No one except union members may pick up a hoe or shovel, plant a flower or clear a walking path."

Well try volunteering then, you lazy sack of...

"We would hope that the well-intentioned efforts of an Eagle Scout candidate would not be challenged by the union," said Mayor Ed Pawloski.

Some day the unions will learn that instead of playing the "woe is me card", they could have just volunteered and made this a good PR story for themselves. But that's on a parallel universe where unions aren't stupid.

Meanwhile, back at the Boy Scouts of America, here is some trivia for you. There is an actual merit badge called American Labor and it's truly fascinating to behold. Check out the link to read about it for yourself. They did not have this one when I was in Scouting. Any Scout Leaders out there that need a Labor Relations resource, please contact me and I'd be happy to assist any Scouts trying to get their American Labor merit badge.

Requirement #4

Explain what is meant by the adversarial model of labor-management relations, compared with a cooperative-bargaining style.

Hmmn? Might I suggest the book Union Proof as a primer...

Andy Stern's Latest Comments on EFCA

2009-11-10T10:17:00.004-05:00

With the healthcare legislation receiving nearly all news coverage from Congress- and unions spending most of their time in support of it- the Employee Free Choice Act has not been talked about in serious discussions for some time. Don’t think unions have forgotten about it.

You can get the sense of labor's priorities from this appearence by SEIU President Andy Stern on CNBC last week. While most of the talk was about healthcare, he was asked about EFCA and tried to play it as an economic issue. Specifically, he sounded as though he expects to see the bill brought up after the healthcare debate is over. He mentioned a compromise bill which he indicated he would support but he would like to see a vote on card check.

And for those wondering if Stern knows what he is talking about, think about this: he has made 20 visits to the White House since Barack Obama was sworn into office.

Even Without EFCA’s Passage

2009-10-30T10:24:00.001-04:00

Bloomberg has a good look inside some of the decisions made by the Obama administration favorable to unions. Obviously labor’s number one priority- the Employee Free Choice Act- has not become law, but that doesn’t mean the administration can not quietly impact labor law in a major way.

The issues at hand include tariffs on tires made in China, stalling free-trade agreements, amending airline union election laws, and appointing union loyalists to key positions who will impact decisions like the ones listed (read the article for more details).

While the EFCA received a lot of play in the media and would force elected representatives to be held accountable, many of the early decisions from the Obama administration are simply made behind closed doors with the stroke of a pen.

Speaking of Baseball...

2009-10-30T09:21:00.001-04:00

Yesterday, we learned that the Major League Baseball Players Association and AFL-CIO were using some baseball players to make their pitch for the Employee Free Choice Act. And it looks like the issue of baseball and unions is not going away. No, this isn’t about the MLBPA, but about the city of Philadelphia and the Transport Workers Union.

The city of Philadelphia will play hosts to Games 3, 4, and 5 of the World Series (Saturday through Monday). At the same time, the Transport Workers Union who represent over 1,200 bus drivers, subway and trolley operators, and mechanics with the city’s public transportation have authorized a strike.

The union has given a 12:01 a.m. Sunday deadline for the strike call, but it could come sooner. I doubt authorizing a strike to coincide with the World Series was merely a coincidence.

Because I Get My Political Advice From Baseball Players…

2009-10-29T09:45:00.001-04:00

With the World Series as a backdrop, the Major League Baseball Players Association- which is a member of the AFL-CIO- released an ad featuring nine baseball players who support the Employee Free Choice Act.

The ad states:

“[A]ll Americans should have the same opportunity we’ve had -- to be able to join a union without being fired and to negotiate with their employers without being penalized. Today, our country is facing some tough times. Health care costs are skyrocketing. Families are losing homes. Savings and retirement income are disappearing overnight. Now more than ever, we need a strong union movement to protect our jobs, our pensions, and our future. The Employee Free Choice Act simply guarantees a level playing field for all workers. It makes sure everyone plays by the same rules. That’s as important in the workplace as it is in baseball.”

The ad features a variety of players including three competing in this years fall classic- Jimmy Rollins, Mark Teixeira and Shane Victorino. Some of the others players; not so much… J.J. Putz anybody?

“Union Proof” Book Distribution Tops 2,500 Copies

2009-10-21T09:44:00.001-04:00

"Union Proof: Creating your Winning Strategy" book from Labor Relations veteran reaches new milestone. Author credits desire for preventative strategies in light of pending legislation, such as the Employee Free Choice Act.

Norcross, GA (Vocus/PRWEB ) October 21, 2009 -- Last year, Peter Bergeron released his first book, Union Proof: Creating Your Successful Union Free Strategy. Today, the book reached a circulation of over 2,500, having become required reading for labor relations and human resource professionals nation-wide.

Using lessons learned from his more than 33 years in labor relations, where he led several successful counter-organizing campaigns for General Dynamics, “Union Proof” features an easy to follow process for all Human Resources and Labor Relations professionals. It includes multiple actionable items and is filled with powerful tips and tools for remaining union-free.

“I was pleasantly surprised by all of the positive reaction and feedback the book has received,” Bergeron said. “It demonstrates that companies are learning they need to speak to their employees before a union does.”

One reason for the interest in the is the recent changes in the political climate. The new, labor-friendly Washington is promoting several pieces of legislation including the Employee Free Choice Act (EFCA) and the RESPECT Act. EFCA, which has received a large amount of publicity, is legislation designed to smooth the way for the growth of organized labor, while the RESPECT Act aims to alter the definition of ‘supervisor’ for union organizing purposes. The Obama Administration has also issued a number of executive orders sympathetic to labor unions.

“I get calls almost everyday asking about the latest on EFCA or some other piece of legislation,” says Walter Orechwa, Owner and CEO of employee communications firm, Projections, Inc. “The truth is that these are all moving targets and that makes it difficult to pinpoint what direction organized labor will move in. What companies can –and should - control, is their message to employees. A positive, union-free culture and message can combat whatever Washington throws at you.”

Bergeron, who utilized both custom preventative and campaign communications tools from Projections during his time at General Dynamics, shared that sentiment, and warns companies that the worst thing they can do is nothing at all.

“It is a flawed philosophy to believe that union organizers will not try to organize your company or talk to your employees if you never use the word “union” or communicate your union-free philosophy,” cautioned Bergeron. He went on to say, “Remaining silent on the issue of unionization is no longer an option. If you are not talking directly to your employees on this issue, you can bet the union organizers will.”

"Union Proof: Creating Your Successful Union Free Strategy" by Peter J. Bergeron is available through online retailers such as Amazon.com, and can be purchased through Projections, Inc. The book is also offered free of charge to Projections’ “Insider” members. See http://www.unionproof.com/ for more information.

Has Opposition to EFCA From Senators Feinstein or Lincoln Changed?

2009-10-20T15:01:00.004-04:00

There are a couple stories from Washington and on the campaign trail relating to the Employee Free Choice Act, and where it stands now.

Sen. Dianne Feinstein (D-CA) reiterated her opposition to EFCA stating that it doesn't make sense to pass a bill like this during a recession. A previous backer of the bill, Feinstein received a 100 rating from the AFL-CIO last year, and has started to receive some pressure from unions in her home state to move back toward her old position. She did say she would hope that business and labor could find "common ground."

Another Democratic Senator is also looking to business and labor to agree to a compromise. Sen. Blanche Lincoln (D-AR), who is feeling political pressure from both sides of the issue, recently told the Arkansas State Chamber of Commerce and Associated Industries of Arkansas that she still opposes EFCA and that Congress should spend time on other priorities, including healthcare.

On the campaign trail, the GOP candidate for a special election in New York's 23rd Congressional District now says she supports EFCA with the card check provision. State Assemblywoman Dede Scozzafava had previously supported the modified version without card check, but has told the AFL-CIO that she supports card check (as does her Democratic challenger). Labor groups have been largely divided on who to support in this race. The election will take place November 3rd. The previous holder of this seat, Rep. John McHugh, also supported the Employee Free Choice Act.

In another election story, former Rep. Rob Simmons- who is challenging Sen. Chris Dodd for his Senate seat in Connecticut- stated that he now opposes EFCA. As a Congressman, Simmons supported the bill. If EFCA doesn't clear the Senate during this session, this could be an issue as Simmons maintains an early lead on Dodd. Dodd is a co-sponsor of the bill.

NLRB Confirmation Vote Coming Soon

2009-10-16T09:09:00.003-04:00

The Senate Health, Education, Labor and Pensions Committee plans to vote on three nominees to the National Labor Relations Board next week. The board is currently operating with just two members, and a federal court recently ruled all decisions made by the two-person board were invalid.

With a Senate seeming to put labor's biggest interest on the backburner for now, many wonder how far Obama's nominees will go in reshaping labor law.

Business groups, led by the U.S. Chamber of Commerce, have focused in on one of the nominee's who they consider outside of the mainstream. They are concerned with previous statements and writings of Craig Becker, one of the nominees. They called for a hearing on Becker, but the committee rejected that request.

Becker served as associate general counsel for SEIU and has claimed that the board can alter labor laws in the unions favor without the consent of Congress. Becker also served on Obama's transition team and was responsible for pro-union executive orders. At the same time, he was still on the payroll for SEIU and lobbying for the union, along with the AFL-CIO.

The vote on Becker, and two others, will take place on Wednesday.

Obama Pledges To "Paint the Nation Purple with SEIU"

2009-10-13T09:00:00.003-04:00

Barack Obama speaks to SEIU supporters in a recently uncovered video from last year's campaign trail:

The Week That Was

2009-10-09T10:12:00.001-04:00

Not a lot of EFCA stories this week as Congress heads into the healthcare debate with full steam ahead. But, speaking of the healthcare bills: unions are making their voice heard that they want a bill with the public option and do not find the Baucus bill acceptable. I have received an average of three e-mails a day from the AFL-CIO talking about healthcare reform- but can’t remember the last time they sent out something related specifically to unions.

If You Like EFCA, You’ll Love…

That doesn’t mean the AFL-CIO hasn’t been busy trying to change labor laws. No, I am not talking about EFCA but a part of the Railway Labor Act they don’t think too highly of. Under the 75 year old law, a majority of the workers must vote in support of the union. The AFL-CIO wants a “minority rule” which requires only a majority of those voting (similar to rules under FLSA). Of course, the timing is great for the AFL-CIO as Delta heads into two union elections as a result of their merger with Northwest. Remember, Delta flight attendants lost a union election last year- I imagine the union doesn’t want to see that again and is calling on Obama to bail them out.

What About Decertification?

In response to this request, the Air Transport Association is asking that they make rules to decertify a union easier should they make certification easier. Will the National Mediation Board support the union’s cause but not approve the decert proposal?

Boeing Headed South?

The state of Washington is nervously watching what Boeing will do after there South Carolina plant voted to oust the Machinist union that is still in full force at the Everett location. Boeing wants a no-strike guarantee from the IAM but hasn’t received it, and the governor has avoided the issue.

When You Strike…

Ottawa (IL) High School teachers are currently on strike, but they may be out of a job longer then they bargained for. The school district has the authority under the law to fire the striking teachers and hire permanent replacements. The school board president has said they have not thought about this yet, but will do so should the strike continue to drag on.

Twitter

Be sure to follow us on Twitter for regular updates of all the latest labor and employment news.

EFCA Latest Hits

2009-10-01T10:03:00.002-04:00

Yesterday, Sen. Tom Harkin (D-IA) sounded very optimistic about passage of the Employee Free Choice Act in some form. Today, Sen. Sherrod Brown (D-OH), another Democrat who has been in the middle of drafting a compromise and trying to build support for the bill said he was unsure if the compromise had 60 votes.

Brown said he has been working with Democrats and Republicans but said it was not clear where the votes stood at this point. However, Brown remained confident that some bill will pass- either this year or next. Another interesting point is that Brown said he was not happy with the changes- specifically removing card check- but he knew a bill with that provision would never pass.

New Senator Confirms Support

Interim Sen. Paul Kirk (D-MA), appointed to replace the late Ted Kennedy, told The Hill that he will co-sponsor EFCA and would vote for its passage. Kirk’s appointment gave the Democrats a filibuster proof 60th vote in the Senate.

Lincoln Feeling Heat?

Sen. Blanche Lincoln (D-AR) is one of the most vulnerable incumbents running for re-election in 2010, and recently came out in opposition to EFCA. She initially supported the legislation in 2007.

While Lincoln may be moving to the right to help her chances in the general election, it appears that this has angered some Democratic supporters who may challenge her from the left. Not only has Lincoln alienated the left with her opposition to EFCA, she also opposes healthcare reform that unions have labeled their top priority at this moment. David Sanders, who covers politics in Arkansas, looks at the possibility of a primary challenger.

The primary may not be Lincoln’s biggest challenge as a new Rasmussen poll shows the Senator trailing four different Republicans in hypothetical 2010 match-ups. And her favorable-unfavorable rating stands at 45-52.

EFCA This Fall? No Binding Arbitration?

2009-09-30T10:26:00.003-04:00

We have a couple new stories on EFCA this week that are worth mentioning. The first is from Sen. Tom Harkin (D-IA), who as chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee is at the center of the issue.

Harkin went on the Bill Press Radio Show and said he was pushing for a vote this fall saying that passing EFCA is “something we have to do.” Harkin sounded an optimistic tone that they have the votes to pass the controversial legislation. Adding to the optimism was the fact that Massachusetts Democrats were able to quickly change a law (that they passed five years ago) to give the governor power to appoint an interim Senator. Interim Sen. Paul Kirk, once again, gives the Democrats 60 votes in the Senate.

Another Democrat- Evan Bayh of Indiana- recently did an interview where he talked about EFCA and made a couple key points. Bayh said he is for some sort of labor law reform, and seemed to indicate support for “quickie” elections. Bayh doesn’t think that binding arbitration, another controversial but less known part of the bill, will pass. Bayh was an original co-sponsor of the legislation, but seems to be on the compromise side of things along with several other moderate Democrats. Here is a quote from Bayh:

Look, if you can preserve the secret ballot, have reasonably prompt elections, meaningful penalties for those few bad actors out there, then there is some incentive for people to bargain in good faith.

Bayh said that many in the business community who he has spoken with would support this type of bill, and he thinks that labor would support it as well.

Unions Are Using Social Media To Talk To Your Workers

2009-09-29T14:04:00.001-04:00

The AFL-CIO had a blog post this morning about how social media is helping organize workers in the 21st century. Social media generally refers to places like Twitter, YouTube, MySpace, Facebook, Squidoo, etc.

What this new media means is that union organizers have much greater access to your employees than ever before. Steve Shelby, an organizer for IBEW, set up a MySpace page and handed out one flier directing workers to that page. Rather than having to hand out hundreds of fliers or pamphlets everyday, Shelby was able to get the employees attention and regularly update his site.

Social media is fast, cheap, and reaches a greater audience.

The unions have also taken kindly to social media in an effort to reach out to young workers who are less likely to belong to a union then there father or grandfather. This is similar to a strategy Barack Obama developed to much success during the 2008 presidential campaign. By finding young workers at the sites they frequent, the unions are trying to persuade them to join their cause.

At the same time, companies can follow a similar strategy is delivering their message. Projections recently wrote about this topic and how you can use social networking to your advantage. And remember; don’t wait until it’s too late to start communicating with employees.

Do You Know What 5 The Highly Contagious Employee Communication Illnesses Are?

2009-09-24T13:16:00.001-04:00

You will after you read the latest article from Projections.

The Path to Nowhere, Union-style

2009-09-17T16:45:00.000-04:00

Picture a map in your head (any map will do) and now picture Unions all over it. Because that's where the Unions are in terms of what they are doing right now--"ALL OVER THE MAP".

--New AFL-CIO leader. Sweeney goes out compromising on the EFCA and Trumka comes in not talking about any compromises. They've only worked together for 14 or so years...

--Spectre unveils a revised EFCA and now shocking 3 days later, no one is reporting anything about it. Is it even real? Spectre says it will pass before year-end. Others say Healthcare first and that's not looking to good either.

--Andy Stern has pissed off everybody. I'm not sure his own family talks to him.

--Change to Win implodes. UNITE HERE announced (today) that it is switching back to the AFL-CIO. Isn't UNITE HERE breaking up themselves? Will other unions follow suit (Laborers), leaving Andy all alone?

--Unionized UPS battles non-union FedEx but not in the marketplace but rather in Congress. Boo-hoo, it's not fair...FedEx is under the Railway Labor Act and we are not, our costs are higher, we can't compete fairly. Today's Headline: UPS Airline Mechanics Authorize Strike It makes you feel sorry for UPS-- doesn't it....no maybe not.

--Want to see Obama's speech regarding the EFCA at the AFL-CIO convention on Monday, brace yourselves--here it is. "That's why I stand behind the Employee Free Choice Act...(APPLAUSE)...because if a majority of workers want a union, they should get a union." That was it, I'm not kidding, not one other mention of the Employee Free Choice Act.

--Healthcare Reform? AFL-CIO hates its own version of the bill that came out yesterday from the Senate Finance Committee. Sweeney is quoted as saying that it "absolutely fails" to meet basic reform needs.

--Gallup Poll Shocker. Not really. 66% of Americans continue to believe unions were beneficial to their own members, but only 48% (a record low, down from 59% last year) approved of unions.

--Not worried about the EFCA having an effect your business yet? Don't fret, you've got Executive Order 13496 for all Federal Contractors, Project Labor Agreements (PLA) for the construction industry, eliminating Right to Work, unions and the use of Email, Social Media and direct employee access, the power of the NLRB itself regarding Card Check, Contract Arbitration, Quick Elections and increased penalties.

All just to name a few. What is your companies map to safety from all of this lunacy?

Democrats Respond To Specter’s Claim of Deal on EFCA

2009-09-17T15:20:00.003-04:00

When Sen. Arlen Specter told a crowd of supporters at the AFL-CIO annual convention that he engineered a compromise on EFCA, he appears to have been speaking for himself. Not only did Specter claim to have a deal, but he said that it had the 60 votes needed to overcome a filibuster. This was news to many key Democrats, who have distanced themselves from Specter’s statement.

Sen. Tom Carper, a Delaware Democrat who opposed the card-check provision and has been working on a compromise, said no deal has been made.

“We have had real good discussions. As they say, frank and honest discussion. I think we have made real progress and narrowed somewhat of the differences between organized labor and the business community. We are not quite there yet. My hope is we will finish what we have started.”

Carper added that those working on a deal will re-start talks later this fall.

Senate Majority Leader Harry Reid (D-NV), who recently said the bill was dead for the year, added that he was “not aware” of any deal. The number two Democrat in the Senate, Dick Durbin, said negotiations were continuing and that he expects Sen. Tom Harkin (D-IA) to make an announcement when a deal is reached.

Moderate Democrats such as Senators Mary Landrieu (of Louisiana), Kay Hagan (of North Carolina) and Blanche Lincoln (of Arkansas) were equally shocked by Specter’s announcement and said they have not heard of anything, and did not commit to anything.

Do We Have Any More Clarification on EFCA?

2009-09-16T15:51:00.003-04:00

EFCA’s future has been all over the map lately, and as the AFL-CIO annual conference wraps up it looks like there are still more questions than answers.

Seeking to rally labor to his side for his 2010 re-election, Sen. Arlen Specter (D-PA) made the bold announcement yesterday that he has worked to reach a compromise on the Employee Free Choice Act that has 60 supporters in the Senate. Specter’s EFCA looks like this:

- No card check, but an expedited election process following the collection of authorization cards
- Unions would receive guaranteed access to employees if employers hold mandatory meetings
- Mandatory arbitration similar to Major League Baseball where a mediator chooses between the “last best offer” each side offers
- Penalties would triple what they are today for companies that violate labor law (unions are exempt)

Key Senators such as Blanche Lincoln of Arkansas and Ben Nelson of Nebraska have not confirmed their support for this bill. Specter said he met with them and they gave him the “impression” they would vote for cloture. Apparently that is how Specter came up with the 60 supposed supporters.

That said, it looks like labor was a little surprised and they have not endorsed it:

Incoming AFL-CIO President Richard Trumka said card check legislation was still in play. The chairman of AFL-CIO's organizing committee, Larry Cohen, said that until there were 60 Democratic-controlled votes in the Senate, “We don't even want to finalize a bill, because who are we discussing it with?”

It looks like they won’t be saying much until there is a replacement for the late Ted Kennedy in the Senate. Of course, the chance of Kennedy’s successor supporting EFCA stands around 99.9 percent.

Unions and Healthcare

2009-09-14T11:31:00.003-04:00

Here is a preview of our latest informative whitepaper on union organizing in the health care industry:

Though our nation's economy has recently lost millions of jobs, the health care industry has continued to add them. Not surprisingly, unions are eager to sign up health care workers. In the last 10 years, the rate of union wins in the health care industry has grown faster than the national average. Unions are uniting to lobby for labor-friendly legislation to promote increased union membership in the health care sector.

In addition to traditional organizing, health care union organizers are using more radical corporate campaigns that target hospital donors, shareholders, community groups, and even patients. The unions push these target groups to put pressure on hospital owners to allow unions to organize their employees. Many critics have argued that some of these agreements with employers have greatly limited workers' power and emphasized the union's cooperation with management.

Read the rest of this article here.

Harry Reid's Latest On EFCA

2009-09-14T11:13:00.003-04:00

Last time we heard from Senate Majority Leader Harry Reid, he said that the Senate has no plans to bring the Employee Free Choice Act to the floor for a vote (at least not anytime soon). Reid said they had other things they are working on and did not have time to bring it up.

Yet last weekend, Reid delivered a video message to the AFL-CIO annual conference and touched on the pending legislation. This time he said: "I’m as committed today as ever to passing the Employee Free Choice Act and making it law."

The AFL-CIO blog took that to mean that Reid wants to "swiftly pass" EFCA. However, Reid chose his words carefully. He said he is committed to the bills passage- which we should never have doubted- but he did not go into any detail about when.

Was this just an olive branch to keep unions happy while the bill sits in waiting or have the Democrats decided to move forward with EFCA?

Goodbye John Sweeney, it's been a hoot!

2009-09-07T09:00:00.000-04:00

Unions, God love them...because no else does. At least according to a Gallup poll from last Thursday that found a record low of Americans, 48%, approved of unions. Down from 59% last year.

In just 10 days, on September 16th, John Sweeney' s rein will be over and Richard Trumka, the AFL-CIO's secretary-treasurer will take over. You would think no big changes are really going to occur with the new apple falling right off the same same union tree. Leave it to Sweeney to go out with yet even more controversy proving that the unions themselves are their own worst enemy.

Straight from the horse's mouth, via The New York Times (article by Steve Greenhouse), comes this headline from Saturday's paper, "Union Head Would Back Bill (EFCA) Without Card Check". In it, Sweeney says that he "could live with" fast or snap elections," as long as there is a "fair process that protects workers against anti-union intimidation by employers and eliminates the threats to workers."

Randel Johnson, Senior Vice-President of the United States Chamber of Commerce, says it best, "It still begs the question, what is wrong with the existing secret ballot process?"

By the way, the "fast or snap elections" that Sweeney "could live with" with are 5 or 10 day elections from the time a petition is filed for an election. Don't misunderstand him, he still wants binding arbitration and stiffer penalties against management only.

This announcement by Sweeney while on his way out the door is polar opposite of all of the other labor leaders on the planet, including incoming President Trumka... who I'm sure is muttering, "What the hell is Sweeney thinking?"

What does all of this zaniness mean for every corporation in America? Luckily, it's yet another opportunity to stay one step ahead of the unions that are marching on facilities all over the U.S. No matter how much we protest and rally and complain, a bad day for corporate America is coming, and I don't think anyone can stop it. Organized labor bought President Obama and they own a majority stake in Congress.

The Employee Free Choice Act, as it is proposed now with the Card-Check provision, or a version with Snap or 5-10 Day Elections makes no difference. Why? Because any of the "compromises" are really, really bad for all businesses.

Can you stop the EFCA from coming? No you can't. No more than the Grinch could stop Christmas from coming. But you can be better prepared for any of the possibilities that are going to unfold. Preparation comes now, by the way, not when the lions are at the door. Underground card-checks by design are "underground" for a reason, and then you are unionized or (if option two makes you feel better), you have 5 days to an election. Are you prepared for either scenario?

Corporate America is historically reactive and not proactive. In the battle to remain union free, I can tell you that proactive is cheaper, more effective, and longer lasting than any reactive situation. I have literally assisted thousands of companies in the reactive mode with great success and probably only a tenth of that number via proactive methods.

With all this, I'm trying to impress upon you that the EFCA is a game changer. Projections is busy right now, like Santa's elves at the North Pole, crafting all the reactive campaign videos and websites you will need for a shorter election and all the Essentials of union information for employees to vote wisely. Rest assured, if you become a target, you're in good hands... but why not take control now? Why wait until an election or card-check count to panic and attempt to salvage a dire situation? Take advantage of the union's confusion and congressional time-delays (healthcare, bailouts, cash for clunkers, Afghanistan, etc.) to get prepared now, so when the time comes, you will know that you have done all that you can. The power to save the company will ironically fall into the same hands the unions think will hand it over to them: your supervisors and employees.

One last thing: No one cares as much about the EFCA as you do. Politicians don't care. Your employees don't care. The public does not care. Only you care, and only you have the power to do something about it - and I can help.

Don't believe me? Ask Sweeney, he hates me.

EFCA Notes

2009-09-04T13:48:00.002-04:00

Gallup has been polling the popularity of unions since the 1930s. Generally speaking, unions poll favorably well. They peaked at about a 75 percent approval rating in the late-1950s, but have held steady with around 60 percent or more of Americans approving until this latest poll.

In fact, just one year ago 59 percent of Americans gave unions the thumbs up. Today, they have hit an all-time low of 48 percent (see the poll results here). While approval from Republicans and Democrats have seen modest drops, Independents support of labor fell nearly 20 point in the course of the year (from 63 to 44 percent).

Further, Americans are split on the question of whether unions hurt the economy. Just five years ago, an overwhelming majority thought unions were a good thing. That is not the case today. Gallup noted that unions popularity took a hit in light of the US auto industry collapse.

I would also argue that there is somewhat of a backlash forming against unions for the simple fact that we have a president who is unapologetic in his never-ending support for them. There is a perception that they are getting special preference, while everyday Americans (the 88 percent who don’t carry a union card) are being hung out to dry.

And finally, I see the large drop of support among Independents as a sign that EFCA is not too popular. This is the centerpiece of today’s labor movement (although healthcare has taken a lot of their attention). This is the biggest labor issue in years, and I don’t think it’s a coincidence that there approval is going down at the same time.

Labor Leader OKs EFCA Compromise

Richard Trumka, the incoming AFL-CIO president, has apparently given the green light to an EFCA compromise without the card check provision:

In tacit acknowledgement of what it will take to get the bill (EFCA) moving again in Congress, the union leader showed far more flexibility (than healthcare). He told reporters that a compromise bill currently being negotiated by moderate Democrats in the Senate would be acceptable even if it didn't include the controversial “card check” option that would let workers opt for a union simply by signing off on a card.

In a significant concession to the demands of business, he said the AFL-CIO would back a bill even if it allowed employers to require a secret ballot election before a union can be certified, as is required under existing law. Including the controversial
card-check provision “may or may not be” critical to the union, Trumka said.

I think it is significant that Trumka is openly admitting this. He still holds out hope that a bill will pass soon, but he might want to check with the Senate Majority Leader on that.

No Republican Support

Senate Minority Leader Mitch McConnell (R-KY) recently told reporters that no Republicans will support EFCA as it currently stands. He did make a point of saying that they would not “support legislation that would allow workers to join a union by signing cards instead of voting in a secret-ballot election.”

Of course, card check looks like it would not be part of a compromise, and McConnell did not touch on that. It would be interesting to know if any moderate or union state Republicans would back the compromise.

How Benefits Communication Can Keep You Union Free

2009-09-01T10:16:00.004-04:00

A very good article appeared in Workforce Management today about the steps companies are taking to communicate there current benefits programs to employees. This topic has regained relevance as companies begin to prepare for more union activity if and when EFCA passes.

From Workforce:

Too often employees aren’t aware of all the benefits that their employers offer them, making unions’ claims of a better life all the more appealing, says Joseph Lazzarotti, a partner in the benefits group of Jackson Lewis. “Unions are just making these general statements that if employees join, their lives will be better without anything on the other side coming from the employers,” he says.

And with retirement benefits and health care issues of such great concern to employees given the economic downturn, union organizing efforts have really focused on benefits, experts say.

As a result the number of companies that are stepping up their communications efforts around benefits is skyrocketing, says Steve Peterson, a principal in the communications practice at Hewitt Associates. While Hewitt had a handful of firms doing this a few months ago, it now has more than 20 companies adopting these strategies—many of which have just started in the past few weeks, Peterson says.

“This is definitely one of the hottest things we have seen for the year,” he says.

This is very similar to what we have been saying at Projections for some time, and we published this article about a month ago on the same topic:

In an unstable market, it is critical for organizations to leverage their resources to ensure that the business remains viable and successful. An often overlooked resource that can increase employee satisfaction and help build a positive brand image in the marketplace is employee benefits. The key to leveraging employee benefits is a well-developed benefits communication strategy.

In their seventh annual Study of Employee Benefits Trends, MetLife found that employees are placing a higher emphasis on their benefits package than in recent years. In fact, “41 percent of surveyed employees consider workplace benefits to be the foundation of their personal safety net.” Yet, IOMA, a provider of business management information and products, states that employers only spend a small fraction of their benefits budget to ensure that “the whys and hows of their [benefit] plan’s design, its unique features, and its benefits to the employee” are communicated to employees. With this in mind, it is vital for organizations to effectively communicate benefits to employees.

The bottom line of any organization is to be profitable and satisfy consumer needs. These goals should not be viewed separately from HR, Labor Relations, and employee satisfaction goals. By providing detailed, easily accessible benefits information throughout the year, organizations can improve employee loyalty and job satisfaction, which helps companies recruit and retain top talent—ultimately, impacting the organization’s bottom line.

You can read the entire article here, and from there you can learn more about Projections and the custom benefits communication that can be designed for your company.

Reid Indefinitely Postpones EFCA Vote

2009-08-28T11:08:00.002-04:00

Senate Majority Leader Harry Reid (D-NV) said yesterday that the Senate does not have plans to bring the Employee Free Choice Act to a vote anytime soon. Reid said that they have “too many other things on their plate” at this time.

When exactly Reid will bring the bill up is not known. With 2009 off the table, they could try for 2010. But that would be an election year for about a third of the Senate so the vote would be fresh on the voters mind when they head to the polls. One of those Senators up for re-election is Reid himself. And with poll numbers showing a plurality would definitely vote against him, and other polls showing him losing to lesser known Republicans, Reid may not want another tough legislative battle.

With every week, and sometime with everyday, we hear a different story. This is just the latest but is certainly subject to change.

What Exactly Do The Unions Want?

2009-08-27T10:00:00.002-04:00

What started out as groups of liberal bloggers being upset with Whole Foods CEO John Mackey for criticizing Obama’s approach to healthcare reform (while offering his own ideas) has turned into a full scale boycott led by various labor unions. There have even been calls to oust Mackey as CEO.

That list of boycott supporters includes the Service Employees International Union who has taken the lead as the most vocal supporter of healthcare reform. They have been equally vocal in denouncing those who oppose the proposed legislation.

The next union involved is the United Food and Commercial Workers Union. I wonder why the UFCW would be involved in a protest against a grocery store. The UFCW, of course, would love nothing more than to organize Whole Foods- something they have been unable to do.

The reason they have not been able to is because they have nothing to offer that the workers do not currently receive. Look at what Mackey wrote about the healthcare plan they currently provide at Whole Foods:

Whole Foods Market pays 100% of the premiums for all our team members who work 30 hours or more per week (about 89% of all team members) for our high-deductible health-insurance plan. We also provide up to $1,800 per year in additional health-care dollars through deposits into employees' Personal Wellness Accounts to spend as they choose on their own health and wellness.

Money not spent in one year rolls over to the next and grows over time. Our team members therefore spend their own health-care dollars until the annual deductible is covered (about $2,500) and the insurance plan kicks in. This creates incentives to spend the first $2,500 more carefully. Our plan's costs are much lower than typical health insurance, while providing a very high degree of worker satisfaction.

Is the UFCW going to say they will get the company to pay more than 100% of the premiums? I don’t think that is possible.

The unions know they can’t win with what they try to offer. They are simply trying to mount a public relations campaign against the grocer in hopes that will open doors for them in the future. They have done it before, they are doing it now, they will do it again.

Nine Employment Blogs You Should Be Reading

2009-08-26T14:51:00.002-04:00

No matter if you are a labor attorney, human resources professional, or business owner, no matter if you’re looking to stay informed about the Employee Free Choice Act, or you just want to recruit and retain the best employees – in the blogosphere, the answers are all there. The problem is, there’s such a wealth of information, it’s nearly impossible to know where to focus your energies.

In an effort to ease that queasy drinking-from-a-firehose feeling, I offer the following nine labor relations and employment law blogs. These are the ones I subscribe to, the ones I wouldn’t live without:

The HR Capitalist, http://www.hrcapitalist.com/
Launched in 2006, the HR Capitalist is the blog of Kris Dunn, vice president of people for DAXKO. With more than a decade of experiences as a human resources professional, Dunn’s blog focuses on the intersections of HR practices, technology, and business results; performance management and recruitment; and other numerous topics that affect HR generalists at all levels.

Right to Work Blog, www.right-to-work.org/blog/
The Right to Work Blog covers labor topics for the National Right to Work Committee. Established in 1995, the National Right to Work Committee is nonprofit, nonpartisan, single-purpose citizens’ organization that combats compulsory unionism, ensuring that all people have the right to join a union without being forced to do so.

George’s Employment Blawg, http://www.employmentblawg.com/
George’s Employment Blawg is a trusted resource for issues and commentary related to employment law. George Lenard, a lawyer specializing in labor and employment law, began the blog in May 2003 as a result of his online reading about employment law. As the popularity of the blog grew, Lenard started posting additional topics on general employment information and human resources.

Labor Pains, http://www.laborpains.org/
Labor Pains is the blogging home of the Center for Union Facts and the Employee Freedom Action Committee. The blog features commentary from Richard Berman, a longtime labor expert and the executive director of the Center for Union Facts, and J. Justin Wilson, the managing director of the Center for Union Facts. The blog also features guest commentary from other labor and employment law experts.

AFL-CIO Now Blog, http://blog.aflcio.org/
The AFL-CIO Now Blog delivers up-to-the-minute labor news and commentary from one of America’s largest unions. The AFL-CIO is a voluntary federation of 56 national and international labor unions that represents workers from a variety of backgrounds.

The S.H.I.E.L.D. Network, http://1-888-no-union.blogspot.com/
Run by former union leaders, union organizers, and top labor relations professionals, this mission of this blog (and companion website) is to “dispel the myths for both you and your employer and to expose today's union tactics that are being executed on employees all across America—in the workplace, in the media, and on the streets.”

Culture to Engage, http://c2e.typepad.com/
Culture to Engage offers tips, examples, and how-to insights to help companies develop an employee engagement culture. Culture to Engage features blogs from Tim Wright, who focuses on helping management professionals in hospitals and other business leaders with employee engagement issues.

Union Review, http://unionreview.com/
Union Review provides labor-related news and views and acts as a forum for rank-and-file, as well as non-union members, to openly discuss work, struggles, and ideas to strengthen the labor movement. The blog is owned and run by Richard Negri, a freelance writer and union member.

Winning Through Employee Communications, http://employeecentric.blogspot.com/
Our little ole blog right here. I am glad you are reading it today, and hope you continue reading for the latest commentary and news from the world of human resources and labor relations.

Staying abreast of labor and employment issues is the best way to ensure that your organization remains union free and successful. Make checking all or some of these blogs part of your daily routine by subscribing to their RSS feed or bookmarking them.

The Latest on EFCA

2009-08-25T14:13:00.004-04:00

Over the past couple months, it has become evident that the White House has been showing less concern for the Employee Free Choice Act then Barack Obama did as a presidential candidate, and yesterday we learned where EFCA presently stands.

AFL-CIO Secretary-Treasurer Richard Trumka, who is expected to be that organization’s next president, recently said during a web chat that President Obama and White House Chief of Staff Rahm Emanuel do not want to bring EFCA up until healthcare legislation passes.

Trumka said, as a result, that labor will do everything they can to help Obama pass his signature healthcare proposals. Various unions have been supporting pro-healthcare reform groups in terms of finances. They have also sent members to townhalls in an effort to combat the anti-healthcare reform tilt many have taken recently.

This is what Trumka said:

“The President/and Emanuel have both said they don’t intend to bring Employee Free Choice Act up until Health Insurance Reform is done…Which gives us an additional reason to do Health Insurance Reform now!”

Trumka remained optimistic, and did not want to give the impression that he was disappointed in the president’s agenda, but it is clear that EFCA has taken a backseat to a number of items the administration is promoting.

From Massachusetts:

It appears that the health of Sen. Ted Kennedy has steadily declined so much to the point that the Senator has written a letter asking that the state legislature to change the current law to allow the governor to appoint a replacement should Kennedy resign/ pass away. Kennedy has been largely absent this year, which may cause a problem for Democrats searching for 60 votes on healthcare, EFCA, cap and trade, etc.

Trumka also expressed his support for changing the current Massachusetts law. What makes this interesting is the fact that five years ago, Kennedy supported changing the state law to what they have today. At that time, then-Governor Mitt Romney, a Republican, would have been responsible for appointing a successor to John Kerry should he have won the 2004 presidential election. Fearing that Romney would appoint a Republican, Kennedy and other Democrats supported quickly changing the law which calls for a special election in the case of an open seat.

In case you were wondering, the current Massachusetts governor is a Democrat.

Home Depot’s CFO Talks About The Need For Positive Employee Communications

2009-08-24T15:05:00.002-04:00

I was recently reading an interview with Home Depot’s CFO Carol Tome where she touched on a number of subjects, including the Employee Free Choice Act:

The Employee Free Choice Act, generally known as card check, is a huge issue for Home Depot, with 300,000 non-union employees. Does it worry you less now than it did six months ago?

We are worried about it because we think it is just wrong. It has morphed a bit [with a key provision weakened in the latest version], and that we think is very good news. But we think it's wrong.

Any expectations about what's going to happen with it?

No, but let me tell you what will happen. We will do the right thing for our stores. When we talked to our store associates and said, Why would you want to join a union, you know what we learned? It is really not because of our pay. It is because of the relationship they have with their boss. So the most important thing for us is to make sure that our store manager can call each of his or her associates by name without their apron on and know something about them -- to create that connectivity, the family within the store, which keeps any organizing activities outside, regardless of what might happen.

Bernie Marcus, the founder and former CEO of Home Depot, has also been very outspoken about the proposed legislation in the past:

Sen. Evan Bayh (D-IN) Undecided on EFCA

2009-08-21T09:13:00.003-04:00

A coupe days ago, I wrote of Sen. Specter’s sudden change-of-heart on EFCA in light of a challenge from the left- but the Pennsylvania Senators' support (or lack of support) for the proposed legislation may not matter in the end.

Several moderate Democrats have expressed concerns with the Employee Free Choice Act, particularly around the card check provision. The New York Times recently ran an article saying that provision has been pulled from the bill, but labor leaders are insisting they want a vote on it as it is the core piece of the legislation that would make organizing easier.

One of the Democrats having second thoughts is Indiana Senator Evan Bayh who recently said he was withholding judgment on the bill:

“Sen. Bayh will evaluate it when there is something to analyze,” spokesman Brian Weiss told the newsletter. "He did not co-sponsor EFCA this year because, although he supports meaningful labor law reform, he felt changes needed to be made.”

Bayh did co-sponsor EFCA in 2007 when there was no hope of passage for the bill, but the Senator may be getting cold feet as business groups’ ramp up opposition in his traditionally Republican home state.

EPI Meet Dana Corp.

2009-08-19T14:18:00.002-04:00

The Economic Policy Institute, a liberal DC think tank, recently released a study outlining what they see as a lack of coercion in places of employment where management has agreed to recognize unions via card check. Of course EPI strongly backs the Employee Free Choice Act so it’s not too surprising they would publish a “study” that comes to this conclusion.

The evidence used by EPI is less than convincing as they look at four states- Illinois, New Jersey, New York, and Oregon- where public sector employees can unionize when a majority of employees sign a union authorization card. Of course comparing public sector employees with the private sector is apples and oranges. If someone doesn’t like UPS, they can use FedEx; if they don’t like Wal-Mart, they can go to Target…but where do you go if you don’t like your county water department? This lack of competition has allowed public sector unions to grow, while there numbers continue to diminish in the competitive private arena.

Further, EPI pays no attention to a story earlier this year where workers at Dana Corporation spoke with FoxNews about what happened when management signed a neutrality agreement. A number of workers talk about the tactics used by the UAW in order to get the signatures needed for the union to be recognized.

Conclusion: If you don’t want to find evidence of coercion, you probably won’t find any…

Sen. Specter: Which Is It?

2009-08-19T12:51:00.005-04:00

Workforce Fairness Institute is one of the leading groups opposing the Employee Free Choice Act and they have released this video chronicling Sen. Arlen Specter’s changing position on EFCA.

Similarly, the Pittsburgh Tribune-Review writes a column today titled "Another day, another position: Specter & cloture."

The wildly turning political weather vane of U.S. Sen. Arlen Specter, D-If You Don't Like It Just Wait 15 Minutes, has spun again, putting him -- at least until further notice -- again on the wrong side of the Employee Free Choice Act.

Arlen Specter's primary concern is getting re-elected, not making economic sense. However wildly his political weather vane spins, it always points to what he thinks is best politically for him -- and never mind the people of Pennsylvania or the nation.

Arlen Specter Does It Again

2009-08-17T12:52:00.001-04:00

Sen. Specter (D-PA) appears to have changed his position on the Employee Free Choice Act, yet again. In 2007, Specter- then a Republican- was the lone member of the GOP to support EFCA. Of course, with just 51 Democrats at the time passage of EFCA seemed highly unlikely. Its possible Specter voted to appease the unions knowing it would not pass.

However, by spring 2009 the prospects of EFCA clearing the Senate looked more likely as all eyes began to look toward Specter. Still a Republican, Specter was gearing up to face a conservative challenger in the 2010 primary. In hopes to satisfying conservatives, Specter announced that would not support EFCA in its current form. Specter failed to win approval from conservatives, and he quickly bolted for the friendly confines of the Democratic Party. The day Specter announced the switch he specifically made reference to EFCA, saying he is still opposed to it.

That opposition appears to have diminished in light of another primary challenge- this time from the left in the Democratic primary. Sensing unrest from his new base, last week Specter announced he will now support cloture on EFCA. What changed? New polls showing Specter locked in a tight race with Rep. Joe Sestak (D-PA).

Despite Specter’s reversal, EFCA still appears to be on the backburner in 2009. Not only have several moderate Democrats expressed reservation to the bill, but it looks like the Obama administration has its hands full with trying to pass healthcare legislation.

Straight from The Union Advocate Intern

2009-08-04T15:00:00.001-04:00

Rose Friedman is an intern at The Union Advocate, the official publication of the St. Paul Regional Labor Federation. So straight from the lowest union flunky on the totem pole is today's Headline: Rumors fly, clock ticks on Employee Free Choice Act

The article demonstrates how bad the New York Times article (Democrats Drop Key Part of Bill to Assist Unions) by Steve Greenhouse, hurt the EFCA's chance of passing prior to congress going on recess this week. The article reported, "a half-dozen senators friendly to labor have decided to drop a central provision (Card-Check) of a bill (EFCA) that would have made it easier to organize workers."

"What we have is a New York Times article," says Candace Lund, organizing director for the Minnesota AFL-CIO, "not a bill." Rose reports that the AFL-CIO is asking its supporters not to believe rumors of a compromise. It is still focused on getting the full bill to the Senate for a vote...perhaps even in late September.

According to labor, any compromise must contain these 3 central values in the Act:

1) Easier path toward unionization for workers or Card-Check

2) Ramped-up penalties for employers who use illegal anti-union tactics

3) Mandatory contracts within a year of unionization

"If the compromise doesn't have those core principles, we'll just have to go ahead with the vote," Lund says.

Josh Goldstein of American Rights at Work apparently agrees stating, "In our organization, a comprise EFCA bill will be judged on the fundamental principles of the EFCA. We are still advocating the bill the way it."

With Congress going on recess this week and two major battles awaiting their return: Healthcare Reform and Judge Sonia Sotomayor's confirmation odds are good there will be no September vote. So when, who knows.

My advice is to stop guessing when the EFCA will pass or even what form will the EFCA pass in. Instead take advantage of the chaos and the gift that all companies and their employees have been given. What gift? The gift of time. Time to be proactive instead of reactive. Time to communicate your position to your employees. Time to guide and educate your Supervisors and Managers. Time to develop a comprehensive labor strategy that will keep your company and employees union free now and whenever the EFCA passes. With or without the help of your intern, simply sign up for "5 Days to a Comprehensive Labor Relations Strategy."

Franken-EFCA-stein

2009-07-09T09:00:00.001-04:00

Tuesday, Al Franken was sworn in as Minnesota's Democrat junior Senator and before the day was over he had co-sponsored his first bill, the Employee Free Choice Act. Franken is a member of 4 unions (why I do not know or really care) said that, "It is more than fair to say that if it hadn't been for you (unions), I wouldn't have won."

A monster created by unions for unions, the FRANKEN-EFCA-STEIN. A creature only beautiful to its maker...until it runs amuck and screws up America. Thanks unions. Stayed tuned as the EFCA rises from its grave to wreak filibuster-proof havoc on America's businesses soon!

To lighten the mood and not leave you completely depressed, here's joke for you... Did you hear the one about "Can you name a Successful Unionized Company?"

For those companies that have been "waiting to see" what happens with the EFCA before taking action, you might just make the list if you are not careful.

Aloha Unions

2009-06-25T12:21:00.009-04:00

Most people know that Aloha in Hawaiian means "hello" but it also means "goodbye". I am working with Hawaiian businesses in an effort to utilize the latter meaning for unions: Goodbye!

Hawaiian is the second most unionized state with 25.5% of its employees represented by unions. First is New York with 26.6% and Alaska is third with 24.7%.

A recent headline in Pacific Business News reads: Hawaii Unions fight to save jobs and members. It should read: Hawaii Businesses tire of unions and Key to our Survival is Union Free Operations.

The beautiful islands of Hawaii are no different than the rest of the U.S. when it comes to economic recession troubles and business adjustments that must be made in order to remain in business. But some unions such as the Hawaii Government Employees Association, Hawaii State Teachers Association and United Public Workers the rules do not apply. They have filed suit in Honolulu to block Governor Lingle's 3-day a month furlough on state employees for the next 2 years. Rather than work with the system, unions feel they have special privileges and can buck the system. Would you rather the Governor just lay off X% of the workforce instead? Work with, not against. So it goes in the public sector....

In the public sector, many businesses are considering 4-day work weeks. In a recent poll, 57% of business said they could shift to a four-day work week while 34% said they could not. Times they are a changing and unions simply are not. Many business in Utah in both private and public have switched to a 4-day work week with much success in light of the overall economy.

While the unions still hold out hope for the Employee Free Choice Act to increase their numbers, businesses are going to do whatever it takes to survive and for many that means without unionization as a major business expense. This week, Governor Lingle said she will veto union card bill.

More later and Mahalo

A Tale of Two Campaigns or DejaBlog

2009-05-06T09:00:00.001-04:00

Read my last blog to follow along...

Today's News reads: "By a more than 2 to 1 vote, faculty members at Tallahassee Community College have said no to union representation. In the first union election in the college's history, the Union was rejected by a 113 to 49 vote."

Hold the phone---two colleges, same organizing Union and way different results! Again, dare I ask the question, "Why?"

At FSU, 3,000 eligible voters but only 588 voted and the union won 448 of those votes. The lesson learned--apathy killed FSU's chances of winning as only 20% of the workforce choose to exercise their right to vote. Now, the other 2,552 have to leave with the decision of the minority. Remember the Union spin was that "Graduate Assistants voted overwhelmingly (76.2%) in favor of joining a union."

At TCC, 183 faculty members were eligible to vote and they won big. Why? Because 90% or 162 participated in deciding their future. And they chose their own destiny rather go union.

FSU was a 17 month campaign. TCC was a 5 month campaign.

Obviously the management team at TCC communicated to their employees, at a minimum, the importance of participating in a secret ballot election to decide their own fate.

Union spin: Tom Waziavek, Union liason to TCC, "I think the administration did a pretty effective job of intimidating people, implying that things were going to change drastically and not for the better if they voted for a union. In one year we'll come back and try it again."

Ah, unions they take losses so well...

Imagine how both of these campaigns might have gone if the EFCA were enacted. Makes you wonder if the Union would have ever gotten 50% plus 1 at FSU. That would have been 1,501 cards signed and since only 448 voted for the union... interesting FSU would be union free. And over at TCC, you got to wonder if an early underground campaign would have netted 92 signed cards to declare a Union without a vote...TCC would be unionized.

Either way, communicate your union free philosophy to your employees in advance of any card signing activity. Treat the Unions like a pandemic and be proactive in your response, do not wait and become a victim of unionization.

Labor 101-School is in Session

2009-05-04T12:45:00.003-04:00

Today's News reads: "Graduate assistants at Florida State University have voted overwhelmingly (76.2%) in favor of joining union."..."This was a totally grassroots effort."..."We talked to thousands of graduate employees over the past 17 months. We wanted to improve our working conditions."..."To have this historic moment is just amazing."

This is a going to be a costly lesson for FSU, one from which all companies can learn. FSU Provost Larry Abele said, "Negotiations can prove costly for the university, depending on how long it takes to come to terms."

Could this all have been avoided? More than likely, and here's why: What originally led to the organizing drive, I do not know and it doesn't really matter, because the university failed to communicate it's union-free position to the Graduate assistants. Or at the very least, provide any education on how important their votes were in the election, regardless of which way they would have voted. You see, the "overwhelming" majority that voted for the union, the 76.2%, was only 448 Graduate assistants. The 140 that voted against the union make up the balance of those that actually voted... out of 3,000 eligible voters.

Are you with me? That's 2,412 that didn't vote. That's 2,412 that woke up today-- unionized and unaware of what just happened. What happened was that 448 decided the fate of 3,000. Congratulations Union, you won because of apathy, no one cared enough to vote. If a majority of the Graduate assistants actually cared "overwhelmingly" about the union, they would have gotten out of bed and actually cast a ballot for that union. But the reality is that 2,412 either a) didn't know about the vote, b)didn't understand the seriousness about the vote, c) didn't know the voting procedures, or d) did not care enough about the university or the union (or their own happiness on the job) to actually vote.

So, the reality is that less than 20% of the eligible voter pool decided the fate of everyone. That means that 15% of the Graduate assistants voted for the Union, 5% voted against unionization and 80% just let it happen to them. FSU management missed an opportunity to communicate to it's employees and put themselves in the driver's seat. The Union seized the opportunity and won, making it look "overwhelmingly" easy.

Remember that this is how you become unionized under today's rules. Tomorrow's rules could be EFCA-driven and these Grad Assistants wouldn't have even had an election. Union pressure to sign cards combined with employee apathy and lack of labor education will again put Unions in the driver's seat.

So what can everyone learn from FSU's all-around lack of awareness? Companies with a union-free philosophy must develop a labor communication strategy to communicate, BEFORE the union ever comes calling. Don't let fewer than 20% of employees decide the fate of your company and their fellow workers.

Wanna Get Away?

2009-05-01T15:42:00.014-04:00

A U.S. Court of Appeals in Washington just wiped out over 300 decisions made last year by the National Labor Relations Board. "All decisions handed down in 2008 by the NLRB are invalid because they were made by just two members of the board (out of 5)" and apparently 3 were needed to make a quorum. Who's mad at the democrats now for not confirming any of President George W. Bush's nominees?

In reality, the courts made two rulings that actually conflict with each other. In Chicago, the court said that a vote by the two members was appropriate and binding and then, in Washington an hour earlier, in another ruling, said that all decisions made in 2008 were invalid without a quorum.

Look for the Supreme Court to weigh in fairly soon as everything has now come to a standstill. Over 400 decisions have actually been made with the 2-man board over the last 16 months, so who knows how far this could really reach.

Former NLRB Chairman and Bush appointee, Robert Basttista thinks the consequences may not be too dire. He suggests that once the board has a quorum they may just be able to go back and ratify or otherwise reinstate those opinions decided by two members.

Here's hoping that he's right, what a friggin' mess. How does that Southwest Airlines commercial go--- "Wanna get away?"

Specter Switches to Democratic Party

2009-04-28T13:00:00.002-04:00

Arlen Specter says he has been a Republican since 1966 and now shares the following press release, "I have decided to run for re-election in 2010 in the Democratic primary." Not since Tony Almeda on "24" do I feel so dirty and betrayed.

Specter says that, "he deeply regrets disappointing many friends and supporters and that he understands their disappointment." Well, any day now, the handful of them will be filing paperwork for him to return the campaign contributions they contributed to elect the Republican Specter in 2010.

This is one odd way to announce a retirement I tell you, because there is not a snowball's chance in hell of either side wanting him now.

Specter does mention the EFCA in the release, stating that, "I will not be an automatic 60th vote for cloture. For example, my position on Employee Free Choice (Card Check) will not change."

Sure, you can take him at his word, after all he's been a Republican since '66' and "poof" now he's a Democrat, what's not to trust.

Scully: "I think it's bile."

Mulder: "Is there any way I can get it off my fingers quickly without betraying my cool exterior?"

The answer is no, Mr. Specter.

and the NLRB Nominees are

2009-04-27T12:06:00.012-04:00

The Detroit Free Press announced that President Obama has nominated two Democratic union advocates to 5-year terms on the National Labor Relations Board. And the NLRB nominees are: Craig Becker and Mark Pearce.

Craig Becker is currently the Associate General Counsel to the SEIU and the AFL-CIO.

Mark Pearce is a founding partner of Buffalo, NY law firm, Creighton, Pearce, Johnsen & Giroux. They represent the union side of labor and law employment.

The board has five members and primarily acts as a quasi-judicial body in deciding cases on the basis of formal records in administrative proceedings. Board members are appointed by the President to 5-year terms, with Senate consent, the term of one Member expiring each year. There are 3 vacancies for Obama to fill.

The current Members are Chairman Wilma B. Liebman (designated by Obama to serve as Chairman on January 20, 2009, her 3rd term that expires on August 27, 2011) and Peter Carey Schaumber (former Chairman, his 2nd term that expires on August 27, 2010).

Never a dull minute in Congress, Senate your move...

Union Indictments? What Union Indictments?

2009-04-23T10:52:00.013-04:00

"Labor Department figures show that investigations of union fraud from 2001-2008 resulted in more than 1,000 indictments, with 929 convictions and court-ordered restitution of more than $93 million." --The Associated Press

1,000 indictments, with 92.9% convicted of wrong-doing. Now, why would the Obama administration want to rescind a regulation approved (January, 2009) during President Bush's last days in office that would have increased scrutiny of union finances to help root out financial corruption? Because the unions say that the new rule is "overly burdensome" and "would have little effect" on efforts to detect fraud.

"From our perspective, the only interest served by this rule was to harass unions," said AFL-CIO attorney James Coppess. Well, Mr. Coppess, it seems that when the unions have to report all income and expenses on their LM2's to the DOL's Office of Labor-Management Standards, the agency's criminal enforcement program uses that information to investigate embezzlement and other types of union fraud. The rule is serving the interest of union members. And with a 92.9% conviction rate, they seem rather good at protecting members and catching the right union crooks.

Why are unions really against the new rule? Well, it would have required unions to disclose even more information about compensation of union officers and employees, details about buying and selling union assets and additional information about union receipts. You'd thinks the guys that create Executive PayWatch would be all about transparency, but apparently not. Makes you wonder what it is they're hiding...

Bottom line, look for another pro-labor action from Obama's office, designed to a pay back the unions for buying him into office, as the current reporting rule will most likely be eliminated completely. This will be unfortunate, because as Senator Mike Enzi, top Republican on the Senate Health, Education and Labor Committee stated, "this rule might prevent union members from becoming the victims of fraud."

Fat Lady Sings EFCA? Not so fast...

2009-04-09T09:00:00.001-04:00

There will be no singing because there is no fat lady. Anyone out there that thinks the Employee Free Choice Act is going away and that unions will crawl back under the rocks they came from hasn't been fighting unions for the last 30 years. Projections has been in the labor business since 1979 and I have been around since 1995, so I've heard it all and seen it all and will bet your future dues money that the battle with the EFCA is not over. Even now, there are rumors of a proposed "dual purpose" card to give workers a choice: choose to have secret ballot election or choose not to have any election and the employees might have the option to mail the card in (to whom I'm not sure... the union? the NLRB?)

All of this hoopla over EFCA in the past 18 months has been a wake-up call for so many companies in the U.S. Many are now coping with a paradigm shift (if you will) over how they communicate their union free position to their employees. No more "head in sand" or not saying the "u-word". In my opinion, it's a good thing: stop pretending that if you don't tell the kids about sex, they won't have it. The truth is always more effective. Good effective communication is never bad. Now, with this rumor of a "dual purpose card, I can assure you, unions are going to keep trying to organize your employees. There are millions -if not billions- of dollars at stake for them and the employees will continue to be the primary source of income. Nothing is going to change this fact.

I urge you to take advantage of this political and union confusion without delay and develop a communications strategy that keeps you in the driver's seat. Union business-as-usual is not something that you should be unprepared for. Pull your key people together, speak with your labor attorney and talk with communication experts who have been around the block a few times in rolling out the best labor relations strategy in the most effective manner.

1-888-NO-UNION.COM

2009-04-03T08:00:00.001-04:00

Two new websites were launched this week to inform and engage America's employees.

"LaborUnionReport.com" and "1-888-NO-UNION.COM", a 24/7 resource for America's Union-Free Workplace containing a ton of information for employers AND employees who wish to remain OR become union-free.

According the site's creators, "We are going directly to America's workers and launching a nationwide campaign to educate and inform workers about today's union bosses, their tactics, and their agenda to strip America of Liberty and Democracy."

EFCA and the Stock Market

2009-03-11T13:26:00.007-04:00

I'm in Phoenix this week meeting with hundreds of CEO's of mostly small to mid-size companies and am once again stunned to learn what they know or don't know about the Employee Free Choice Act. Many have no idea what the EFCA is and that is easy enough to address, so more on that in a minute. An equal number have heard about it and do realize what a disaster it means for their company, their employees and now for the entire U.S. economy's recovery. The CEOs that frighten me the most are the ones that answer "Yes, I am familiar with the EFCA...that trade union thing...we don't feel that it will effect our company that much."

So now I realize that I'm talking to 3 kinds of CEOs. The "EFCA-educated" CEO, the "EFCA-uneducated" CEO and the "Holy Crap I should slap you" CEO.

Educated and proactive CEOs, HR personnel and managers, I applaud your efforts. Stay on top of it as the target is always evolving.

The uneducated or "(EFCA) just not quite on your radar yet" CEOs, HR personnel and managers... well, one of the three of you needs to educate the other two before its too late. By now, the EFCA topic should be coming at you from all directions: information from sources in Labor Relations, HR organizations, CEO forums, competitors, vendors and in news Headlines. Start paying attention, read up on the EFCA and share the information with the right people in your organization. It is your responsibility and is really no different than having a Disaster Preparedness Plan for your company. Run the what if scenarios and if you are unsure about what to do, contact a labor relations attorney or an employee communication specialist that is an expert in labor relations. I happen to know one with 30 years experience...

As for the Holy Crap I should slap you CEO. Perhaps you should cancel your subscriptions to USA Today, Wall Street Journal, Newsweek and Time and save your money because you are going to need it. Headline News today: "Citigroup downgraded Walmart Stores to "hold" from "buy" saying the proposed card check (EFCA) legislation would increase labor costs and could be a significant drag to earnings for the world's largest retailer." Read it again, except insert your company name for Walmart. If you don't think this can affect your company, you couldn't be more wrong. Walmart's stock was just altered based on PENDING legislation not PASSED legislation. This legislation could be months from being passed, so can you imagine your company being in this position and whose to say your company's stock in not going to be altered? For anyone that questions what effect the EFCA will have on jobs and the economy have to ask why would Citigroup or brokers in general downgrade a stock over the pending EFCA unless it were really bad. If there was any debate, no broker would venture down this path. The EFCA is a disaster for all American companies and will seriously delay any economic recovery in the U.S.

Many pro-EFCA pundits will spin that this is a move on Walmart's part to rattle the political players in both the House and Senate. Take a stock hit to make a point? Maybe. And if so, again to me it shows just how important the battle is against the EFCA. Take a proactive stance before you simply can't.

Following People who are Following People who are Lost

2009-03-09T11:38:00.009-04:00

There have been rumors flying for the last week or so about the EFCA being introduced today (March 9th). It's not going to happen today. Some day, but not today. How do I know? I don't but here's my thinking...

For one, I don't pay a whole lot of attention to AFL-CIO blogs that anyone can write.

"On Monday, March 9th Congressman George Mill and Senator Ted Kennedy are expected to introduce the Employee Free Choice Act into the House of Representatives." The odds of SENATOR Ted introducing a bill into the HOUSE are slim because he is a SENATOR in the SENATE...just a little something I learned in High School...

Second, I don't pay a whole lot of attention to puppet-boy and Vice-President Joe Biden.

"...I have a simple, basic belief, one that we're going to work hard to put into action: If a union is what you want, a union you're entitled to have." From his speech to the AFL-CIO Executive Council. Really? He told the AFL-CIO, "If you want a union, you can have a union? Aren't you guys THE union? I going to guess that they all spontaneously applauded...

Third, why introduce in the House when the Senate is still up in the air?

Senator Claire McCaskill (D-Mo.) on ABC's "This Week" said, "The card check labor bill may not have the 60 votes needed to get out of the Senate." Hell, even Al Franken is still not confirmed in the Senate (I smell an appeal), don't you think they might wait for this Democrat's vote?

Fourth, advertising tells everything. Why would the unions continue to spend millions of dollars in advertising to "educate the public" on how misunderstood unions and their plight are when it comes to evil corporations pillaging their clearly underpaid and uninsured employees? BECAUSE the EFCA spin is a HARD SELL. If the EFCA was easy legislation and if what the unions claim is true--that 60 million employees will sign up for unions once the EFCA is passed...then why all this angst? Why not introduce the EFCA, I don't know, like... today, for example? Yes, introduce it in the House today, pass it on Thursday and then on to the Senate...

WHERE IT WOULD CURRENTLY IMPLODE! That's why.

And last, here's today's rumor for you: The Senate Health Committee is scheduled to host the first hearings of the legislative session on the EFCA starting tomorrow. This would come before the introduction of any formal piece of legislation--House or Senate. Senator Harking will chair the hearings in place of Senator Ted Kennedy. Perhaps the Senate will tackle the EFCA first and then the House as I said previously, get the Senate in order first by resolving Minnesota (Franken) and Illinois (Burris)...

Either way, stop speculating and take advantage of the time you have left to develop a labor relations strategy to effectively communicate your company's position on the EFCA to your managers, supervisors and yes to your employees. Because the rumor I'm starting says, "EFCA late summer, early fall..."

Joe Biden's Green Math

2009-03-02T14:27:00.007-05:00

Vice-President Joe Biden says the $150 billion dollars that the government is investing along with $500 million in stimulus money for "green jobs" will make you rich. And thanks to his inability to calculate math properly, unions see the path to green as well. That's a lot of green dollar bills coming from new union members making $50 an hour according to the VP.

Last Friday, at a summit in Philadelphia, Vice-President Joe Biden said people who make $20 per hour before a green jobs training program can make $50 per hour after. He says that, on average, the clean-energy jobs pay 10 to 20 percent more than similar work outside the field.

Let me get out my abacus and do some calculating here...10% of $20 is $2 and $20% of $20 is $4, so move that over, carry the one and hey that's not $50, it's $22 to $24. Missed it by that much...VP genius.

Now, let's see my wind and solar stocks are tanking because those companies have cut staff and stalled new projects. Why? Because the credit crisis has tied up all the money and no banks are able to invest in renewable energy. Nice going...

And comments in the press like this don't help, "Even if there's trouble in the short term, jobs are needed to fight climate change and spur economic growth."--CNN article.

Wow, here's your diploma Timmy, and now look on Monster.com for the jobs titled "Fight Climate Change paying $50 per hour." Don't forget that the construction on any green industry projects receiving federal funding has to be done by union construction workers per mandates already executed by Obama, thus cutting out millions of existing nonunion construction employees.

So that 10 to 20 percent extra that math-wiz Biden promised, well that might cover your dues money that you will owe to all the unions controlling this massive "green" shell game. It seems like the unions and its 16 million members will benefit way before the 160 million workers that actually make up the middle class.

EFCA vs SBPA

2009-02-26T09:50:00.011-05:00

"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

2009-02-19T12:30:00.001-05:00

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.

2009-02-13T10:11:00.010-05:00

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...

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

2009-02-11T15:47:00.009-05:00

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

2009-02-09T13:45:00.007-05:00

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

2009-02-04T12:43:00.009-05:00

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

2009-02-02T16:38:00.005-05:00

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

EFCA Doomsday

2009-01-30T11:30:00.010-05:00

It's not going to take a crystal ball to tell the future of how Congressional voting in the House of Representatives will go on the Employee Free Choice Act...or in the Senate for that matter. If the $819 BILLION economic recovery plan can get House approval and ALL 177 Republicans voted against it, every business in America should wake up and see the EFCA handwriting on the wall. Do not place all your bets on the Senate (with it's 49 Republicans and 49 Democrats and 2 independents) to realistically save the day and defeat the Employee Free Choice Act. America has voted itself into Doomsday and the real scary part is that most have little to no understanding of the dire consequences.

Some states are taking preventative matters into their own hands to battle the impending EFCA. Today, in Georgia, Senator Eric Johnson (R-Savannah) introduced legislation, a constitutional amendment which secures the right to a secret ballot for nearly all elections, including those for union representation.

"Replacing a worker's private vote with a piece of paper that is potentially signed under harassment is a travesty. Card check is nothing more than a power grab by union bosses that will come at the expense of hardworking Georgians," said Johnson.

If passed by the General Assembly, the measure will appear on the 2010 ballot for consideration. With the EFCA most likely to go before the House this summer, a day late and dollar short comes to mind and I believe Federal legislation ultimately trumps State in most situations. But at least it brings the EFCA debate to public's attention. Are you educating your employees about the EFCA and your company's union free position?

"I'm Not Qualified" - Hilda Solis

2009-01-26T12:06:00.014-05:00

"I'm not qualified to talk about right-to-work laws", says Representative Hilda Solis to Senator Lamar Alexander (R-Tennessee).

Hilda Solis had her confirmation hearing over two weeks ago as one of Obama's first cabinet picks for Labor Secretary and nothing since. Why?

She seems like a lock. Look at her credentials at least from SEIU's President Andy Stern's perspective...

"The daughter of two immigrant workers and union members and a board member of American Rights at Work, she will be a Secretary of Labor working men and women can finally count on to stand up and fight for them. For Representative Solis, the America Dream is not an abstraction. Her parents met in a citizenship class. She understands personally the challenges workers face in a global economy and the need for a bold new agenda that expands healthcare for everyone and gives American workers a greater choice and a greater voice..."

Ahh, but those nagging non-answered questions from those pesky Republicans on the Senate Health, Education, Labor and Pensions Committee. Senator Mike Enzi (R-Wyoming) has been pushing for more detailed responses to questions posed on several issues, including the EFCA bill.

When asked whether he was satisfied with the answers Solis has given, Enzi said: "What answers? She doesn't even recognize her own record when giving the answers. Right now there are people who don't want her out of committee. It's not just me. While we traditionally confirm a president's nominations, there's also the obligation to really get it down on paper what their beliefs are."

You can't get a Senate vote if you can't get a committee vote... Now, even Senator Ted Kennedy (who heads the committee) cannot confirm when a final vote will occur.

Solis, who repeatedly dodged questions about the bill at her confirmation hearing, said that she could not express her opinion on it because she and Obama had not yet discussed the issue.

Enzi says that he hopes the nominee will talk with the president about the bill, "get an answer, give us an answer."

Interesting developments... I bet the unions are feeling a little queasy about now.

An EFCA Summer?

2009-01-23T12:29:00.012-05:00

Just when you thought it was safe to go back in the water...looks like an EFCA summer with "High Hazard" flags posted.

This week at the third annual Senate Progressive Summit, Harry Reid, Democrat Senator from Nevada remarked that "he would like the Senate to take up EFCA this summer."

Greg Kaufmann reporting for The Nation attended the day-long series of panels with Senators and other members of the member wrote, "An aide (for Harry Reid) later said that (EFCA this summer) might be optimistic--that it wouldn't be brought up until Dems are confident they have the 60 votes needed to stop a GOP filibuster."

Now this in a Reuters interview at the start of the 111th Congress with Representative George Miller (Democrat-California), chairman of the U.S. House of Representatives labor committee, "The Employee Free Choice Act (EFCA) will receive prompt attention in this Congress. But more urgent matters -- most importantly the deepening economic crisis -- must take precedence for now. We'll let the administration get settled in here. We've had some discussions. Senator (Edward) Kennedy and I have had some discussions... We're waiting to talk to the administration. We'd like to get it done relatively soon and I think we will."

So for those of you that have been flying the Low Hazard flag, operating in an "if and when" mode and waiting for the EFCA current to shift, take advantage of this small window to both develop and implement your preventative labor strategy. If you're not creating a message for new hires to educate them about your union free philosophy, if you don't have focused, consistent communication with your employees, and if you're not training your managers and supervisors... those high hazard waters are likely headed your way.

Bottom line, if you're not implementing a proactive labor relations strategy, then you're not prepared to do business in this brave new world we're about to enter.

EFCA Inevitable? 100 days and counting

2009-01-21T15:48:00.014-05:00

In an article online at Human Resource Executive, a question is raised -"EFCA Inevitable?". The answer is more telling... "Whether or not that is in the cards, HR leaders should be communicating with employees to "pre-empt the union message."

Whether the Employee Free Choice Act will come up in the first 100 days remains to be seen. According to the article, Mike Eastman, executive director of labor policy for the U.S. Chamber of Commerce in Washington, says that the bill has a better chance of being defeated rather than passed, since so many businesses are lobbying against it.

The problem, Mr. Eastman, is that a lot (and by a lot, I mean a whole lot) of companies and thus their employees have never heard of the EFCA... and many more have heard something about it but no real clue about what it really means.

Martin F. Payson, senior labor partner at the White Plains, N.Y., office of Jackson Lewis, says "that the bill as currently written has a "good but not excellent" possibility of passage."

Either way, the article goes on to say, companies and HR teams are stuck in the middle, fighting the proposal as well as planning for its passage.

Mike Aitken, director of government affairs at the SHRM, says "another way companies can defend against union organizing is to become an "employer of choice."

He couldn't be more right. Take away any reason for a union to come into your facility and manipulate your employees. Dust off the employee manuals, update them if needed, show the corporate orientation video with pride, do whatever it takes to eliminate unhappy employees. Bring your supervisors and managers up to speed on exactly what the EFCA is and what it could do if passed and then communicate the company's position to the employees. If you are a company that has historically been afraid of the using the "U-word", then now is the time for a paradigm shift from the leadership on down.

Take these first 100 days and "Go out front right now and pre-empt the union message, Payson says. "That's what every HR executive should be doing right now."

>EFCA Defense Kit

Union Dude says EFCA would have saved Circuit City

2009-01-19T16:22:00.006-05:00

The union dude I'm referring to is Ron Moore, a freelance writer with decades of service in the grassroots community as a local union president, union organizer and national AFL-CIO staff.

His article on Examiner.com, in a nutshell and I do mean NUT, claims that if the EFCA had been in place that Circuit City would have been unionized and thus would have prevented this economic loss. He thinks that forced collective bargaining via the EFCA would have made the company form a partnership with its workers through collective bargaining and that a compromise could have been reached allowing the experienced workers to stay and save the company.

He also blames "unionbusters" saying they (Circuit City) encourage a non-cooperative relationship with its workers, choosing instead a top down approach putting profits over people and counsel managers to avoid negotiating with the employees at any cost.

As an expert in Employee Communications who also specializes in Labor Relations, this is laughable. Circuit City (and this is tragic for all of its 34,000 employees) simply made bad business decisions and all the checks and balances that most corporations have in place failed. This company has been around 61 years and it simply got it's ass kicked via the competition (Amazon, Best Buy, Walmart) AND it tragically waited to long to react or adjust or to even sell out and find a buyer to save them. In Atlanta, we have Circuit City stores every 10 miles or so, I could asked 20 or even 50 people if 1) Do you shop at CC? 2) if yes, did you buy anything there? 3) Why not?

From DVDs, to televisions, to Xbox games to computer accessories, EVERYTHING in the store could be bought cheaper somewhere else. In fact almost anywhere else and if you didn't need whatever you were buying right away, you could save hundreds or even thousands online. We recently purchased equipment for a conference room, Newegg.com vs. Circuit City, saved over $1,000 going online. That's not $50 or even $100 saved and maybe I could go with CC and right away local delivery, that was over $1,000 INCLUDING shipping. My point, this TRAGICALLY has nothing to do with EFCA, collective bargaining, unions, unionbusters, managers or any of the now laid off employees. It has to do with poor business decisions by the top executives, the board of directors and the creditors/banks that funded or continue to fund the disaster in the first place.

Sharper Image (almost too late as well) is about to reinvent itself with no more stores, catalogs or internet. It will sell itself to 3rd party vendors to sell the Sharper Image products and you can bet they will be cheaper and more readily available than ever before. Everything changes, sometimes for no reason (Pepsi logo) and many times to simply survive. In 1979, "Projections, Inc." was a multi-image slide projector company specializing in employee communications. Where would we be today if hadn't evolved with the times and situations presented? You can also bet that I'm running several business scenarios on what's next, including what happens with the EFCA, unions and politics and mostly because so many people seem to think just like Ron Moore until it's too late.

PS- For the more interesting story behind his article--read the comments...I don't think people are agreeing with his commentary, so maybe there is hope out there.

EFCA: Communication Inspiration

2009-01-16T10:38:00.012-05:00

I'm reading a book called "Ownership Quotient: Putting the Service Profit Chain to Work for Unbeatable Competitive Advantage" by authors James L. Heskett, W. Earl Sasser Jr., and Joe Wheeler.

It's about creating an ownership state of mind in your employees and organization so that it adds value to your company and delights your employees, customers and investors. This mind-set of "employee-owners" of your business creates an enthusiasm for their organization that in turn spreads to countless customers with similar satisfaction, loyalty and dedication. Then the "customer-owners" are in turn so satisfied with their experience that they relate their stories to others, persuade them to try your product, and provide constructive criticism and new product ideas.

The question becomes, "How can you raise the ownership quotient among both your employees and your customers?" Once you achieve this answer or perhaps this environment...the lifetime value of a customer-owner can be equivalent to that of more than a hundred typical customers. And that makes the lifetime value of an employee who can promote customer ownership priceless.

I'm proud to say that at Projections we foster, maintain and constantly evolve the "ownership quotient" in our employees and the proof is in our "customer-owners" that we serve. Many of our services and products in both custom and off-the-shelf came from or are developed with the help and enthusiasm of dedicated employees and customer involvement. As we enter our 30th year assisting companies in communicating to their employees, I know we have been a value-added resource in helping them create the best environment for their employees and customers.

I highly recommend setting the tone with an effective Orientation video and including your position on remaining union free. Of the hundreds of companies for whom we've created Orientation videos and who continue to maintain positive employee communications, none are unionized.

The Employee Free Choice Act will test your corporate culture and environment. Don't be caught off-guard, continue communicating and promoting your ideals and union free philosophy to your management team, supervisors and employees via a website and/or a video or sock puppets--whatever method will deliver a consistent, succinct and memorable message.

Invest in your culture and the payback will be priceless.

PS- the picture at the top is Tesco Controls, the founder, Wallace Tessmer, sold the company to the dedicated Tesco employees in 2003. It is 100% owned by the employees through an ESOP (Employee Stock Ownership Plan). I can also assure you - it is union-free.

Level Playing Field, My @$$

2009-01-14T13:42:00.017-05:00

For everyone out there that is battling the Employee Free Choice Act, and is constantly baffled by all the companies and employees that have never heard of it, you can stop banging your head against the wall.

Starting this Thursday, all of America will see a multimillion dollar national ad campaign by Big Labor to push the Employee Free Choice Act. The labor coalition, American Rights at Work, is spending $3 million to air the ads on cable channels, Comedy Central political shows like "The Daily Show with Jon Stewart" and "The Colbert Report," and reportedly in select cities or regions represented by senators that are against the EFCA.

To see all of the ads click here. The link will take you directly to the source via a new website by American Rights at work called freechoicact.org

The first ad, "Hope and Change", has Grocery Store Workers - not your typical union workers...

"I hope to have some health care ... for a change," says the first worker.

"I hope to work just one job... for a change, says another.

"I hope to be able to save a little... for a change," says a third.

"We voted on Election Day for hope and change. Now it's time for action. The Employee Free Choice Act lets workers choose to join a union to earn better pay, health benefits and job security."

"Change"... where have I heard this message before? Was it a bank ad? McDonalds? No, it was a union-funded $350 million dollar ad campaigns for a President and other elected officials.

The second ad, "We don't ask", pits big corporations vs. the little employee.

"We don't have golden parachutes or option plans," says one worker.

"All we ask for is a level playing field," says another.

The ads are simple (and actually don't say anything at all), and the most frightening thing about that is IT WORKS. Because if your employees and the public don't know anything about the EFCA then why tell them anything about the EFCA except that (trust us) it's "a good thing" for them, their jobs, and their families.

Why would you let unions and labor front organizations tell your employees about the EFCA and joining a union? Would you let drug dealers tell your kids about drugs? The sales pitch is the same, "trust me, you'll like it, it feels good now, costs nothing now and everybody's doing it."

While Unionfacts.com, Workforce Fairness Institute, Heritage Foundation, the U.S. Chamber of Commerce and other pro-business organizations will attempt to counter this programming and educate the general public, no business should rely on this as the sole method of educating employees. It's vital to create a proactive labor strategy and implement it before this legislation passes.

With the recession and other fiscal woes, along with a few international skirmishes, I figure we have at least 100 days prior to anyone with a brain putting the EFCA back into play before the 111th congress. Just enough time for you to get the whole truth -and the reality of this proposed legislation- in front of your employees... because the alternative is allowing some television ads to "educate" them on your behalf.

Unions Still Kickin' it Old School

2009-01-12T12:29:00.016-05:00

There was an article by Robert Wendover in yesterday's Atlanta Journal Constitution that raised an excellent question about the young workforce of tomorrow and unions. "Will these old-line organizations (AFL-CIO, Change to Win, unions) be ready for the attitudes and expectations of the young workers who will enter their ranks?

In so many cases, they (prospective union members) are led by a local leader (union) who sticks to the same story he or she has repeated for the past 20 years: "If you're a union member, you get better wages, better training and better working conditions. We'll represent you in grievances with management and support you when there's a job action or strike."

But the young worker wonders, "why would I be involved in all that when I can work for the non-union company down the street and make the same money if you subtract out the union dues? Besides, there's no such thing as job security, and I can pick up the training I need on my terms."

The theory is that the radical younger workforce of today likes and potentially supports labor's objectives but in the long run will NOT necessarily be prepared to follow the movement's rules.

This new generation will have little patience for rules and union procedures like Seniority ("I'm better qualified than he is, what's with this?"), Apprenticeships ("I can learn this all online"), and Union Stewards ("Wait - YOU'RE talking for me?"). This sound-bite generation wants the short version - they have no interest in 400-500 page constitutions and rule books, collective bargaining or even paying dues. They gleaned their cynicism from Generation X, and while they're way too savvy to get taken advantage of, they're also focused on simplicity. Contract clauses, grievance procedures... these are just not things that generation "y-me" wants to deal with.

So the unions and their old guard that still operate for the most part in the same way as 50+ years ago--- when not their fathers, but their grandfathers or even great-grandfathers were union members. Unions will have to try to grasp the fact that "times were different" or they are going to have a new revolution - or possibly a mutiny - on their hands at some point in the not-so-distant future.

The Employee Free Choice Act will destroy companies first and then eventually (and possibly dramatically), the "children" will turn on the unions... and the evolution of labor in America may take the path of the dinosaur, as nature intended.

Unions should watch what they wish for, it's just unfortunate that everyone will lose in this process.

Ledbetter, Paycheck Fairness and now H.R. 243?

2009-01-09T10:21:00.011-05:00

In my last blog, I said the EFCA may stall while the 2 labor houses (AFL-CIO and Change to Win) get their collective acts together or "hey perhaps they will merge back together or something wacky like that..."

Today's headline from the Chicago Sun Times "AFL-CIO, Change to Win may reunite" with subheading of "Is Split Over? | Giant labor federations discuss reuniting"

In the meantime, while the EFCA may stall, the unions and democratic congress are wasting no time pushing other business crippling legislation. The House is voting today on the Ledbetter Fair Pay Act (H.R. 11) and the Paycheck Fairness Act (H.R. 12)

Obama has already made it clear that he will sign both of these bills.

Also just introduced from the esteemed representative from Texas, Gene Green, is bill H.R. 243 which will amend the National Labor Relations Act to require the arbitration of initial contract negotiation disputes, and for other purposes.

This is my favorite kind of bill... "and for other purposes." Hey, Gene, this is already in the EFCA legislation... or is he smarter than we think? Is Gene preparing an end-run or secret run at the most controversial part of the EFCA in case it is compromised? The full text of this legislation is not available to the public yet.

Just so you know, Gene has introduced several other "important bills" in the House as well:

H.RES.25 Expressing support of House for the goals and ideals of National Internet Safety Month H.RES.26 ...the United States Postal Service should issue a postage stamp commemorating Juan Nepomuceno Segqui (colorful history in Texas senate and mayor of San Antonio in 1841 but he served AGAINST Texas and the U.S. in the Mexican-American War...so I vote no stamp for you). H.J.RES.9 propose amendment to Constitution of U.S. to abolish the electoral college and to provide for the direct popular election of the President and Vice President of the United States (this one I actually could mull over for a minute...)

What will tomorrow's headlines hold? How about "Andy Stern swallows it's largest local, California's 150,000-member United Healthcare Workers West, WHOLE and spits out Sal Rosselli like a watermelon seed" or some headline like that, although probably shorter... it's just all a part of that "cleaning up their act"...and maybe getting Stern in line to be crowned King...

EFCA: Remember the Smoot-Hawley Tariff Act?

2009-01-07T14:00:00.002-05:00

The inauguration is coming...the inauguration is coming....

Will the Employee Free Choice Act be right behind it? That's the question I am asked almost daily by companies trying to develop a Labor Communications Strategy to communicate their position to employees and train supervisors & managers on just what the Employee Free Choice Act is all about.

Unfortunately, trying to predict when, exactly, the EFCA shoe will drop is like predicting the weather - and it changes hourly. I just received two emails from trusted sources that are 180 degrees apart.

So, I'm going to meet them in the middle. I don't know when Obama will have time to go to the bathroom, must less do anything that's not directly involved with saving the world after January 20th. From Iraq to Gaza to Healthcare to taxes to scandals to appointments ( & appointments with scandals) to the mortgage crisis to quitting smoking. The man will be busy... but the unions want payback and I'm quite sure they will get it in some form other.

I think there are a few factors that may help Obama with timing. The EFCA bill will come when it comes. In the meantime, AFL-CIO president John Sweeney's term expires this year and he's not seeking re-election. Who will be his replacement? Rumor has it that a bunch of the presidents of the AFL-CIO's largest member unions are meeting in Washington later this week to discuss where the labor movement is going (mission, priorities and such) and who should run it (AFL-CIO). Then that other house of cards--The Change to Win Coalition can't seem to keep it's illustrious leader, Andy Stern, out of the news (and it's not good news). Six months ago I would have pegged him as the golden boy to replace Sweeney, but now I can't imagine they'd want that kind of notoriety.

It does beg the question, "Should the AFL-CIO and Change to Win merge back into one big family in order to give the appearance of having their collective act together?" This is where Obama and the EFCA may stall for a few months, while the 2 labor giants clean up their own houses or even merge into one to create the illusion of speaking with one voice as they try to pass the most dangerous piece of legislation for U.S. business since the Smoot-Hawley Tariff Act 1930. (Don't remember Smoot-Hawley? In a nutshell, it raised U.S. tariffs on over 20,000 imported goods to record levels... 1,028 economists signed a petition against this legislation... no one would listen & it passed anyway... countries retaliated with increased tariffs on U.S. goods... American exports and imports plunged by more than half... the Great Depression followed... ).

So when will the EFCA pass and in what form? Who knows? Even those far closer to the legislation than I am can't seem to predict. The important thing is to take advantage of the time you have now to create your company's Labor Communication Strategy and implement it. After all, it's long been said that those who don't learn from the past are doomed to repeat it.

A voice from the future about the EFCA

2009-01-05T15:00:00.001-05:00

Happy New Year!

On New Year's Day at 2:04pm I got a voicemail message that was like a late Christmas present. The message is a classic and I think fully represents what the EFCA will bring to so many employees if or when the act finally passes. What Unions and the EFCA will bring is confusion, frustration, loss of income, bewilderment and apparently wacky phone calls to our office for assistance...

They might want to read the fine print on our website next time...

This poor woman is calling about her son-in-law's loss of his job and how the union simply is not a resource to assist in any way. She continues on for about a minute questioning what all the dues he paid were actually for...

Take a quick listen and share with your friends & colleagues, because who know who they will call next for help...

Companies Take Proactive Measures Against Employee Free Choice Act (EFCA)

2008-12-17T11:29:00.011-05:00

Unions TODAY what are they good for... absolutely nothing. Show me a news headline that doesn't have a bad or troubling angle about unions in it...

In National News:

"Democrat's Auto Industry Bailout is a UAW Bailout" (check out the UAW-owned golf course and "education" center at Black Lake Golf Course...by the way, it lost 23 million dollars last year...)

In Money:

"Smithfield, union to start contract talks in early '09" (let's see: you (UFCW) terrorized the company and it's employees for 16 years, ended up in a RICO case, barely win the vote (52% to 48%) and now you think bargaining will be a piece of cake... good luck with that...)

In HR:

"Union Brass: Go Along with Sexual Harassment or Lose Your Job" (UAW local must pay a Chrysler worker $300,000 for not being protected by union officials from sexual harassment by a union steward.)

In Politics:

"SEIU Again Accused of Fixing Vote" (Who was named as indicted Governor Blagojevich's biggest campaign contributor? That would be the SEIU, with $1.8 million. In case you forget, the corrupt Governor is the same one who ordered the state to negotiate with the SEIU to represent 49,0000 in-home child care workers...)

In Life/Entertainment:

"To Strike or Not to Strike: What Would Tom Hanks Do? (who cares if the last strike (writer's) ruined lives, and more importantly my favorite TV shows and that ALL the other unions have settled with the studios...look for the Screen Actors Guild to authorize a strike BRILLIANTLY during a recession...)

In Sports:

"Arena Football League can't agree with players union, cancels 2009 season" (there goes my season ticket seats that I just put in their stockings, sorry kids...)

In Business:

"EFCA a priority for Obama: Steps to take now" (I think this is a negative headline, wait, let me think about it, yes, yes I believe it is...)

In Blogs:

"Companies take proactive measures against Employee Free Choice Act (EFCA)." (I say take the headlines into your own hands before you become one...)

Saxby- The last Jedi Knight

2008-11-19T10:22:00.012-05:00

One of the most famous movies lines that I recall was in Star Wars when Luke Skywalker is missing and all hope seemed lost and Yoda says, "But wait, there is another..." Soon after we learn that the new hope is Luke's sister, Princess Leia.

Well my friends, our last hope (in the Senate) is Republican Saxby Chambliss and his run-off election on December 2. So if you know anyone (and I really mean everyone) in Georgia, call them and tell them to vote for Saxby Chambliss. Without Saxby, the Democrats could create a fillibuster-proof Senate, meaning what the Stormtoopers want, the Stormtroopers get.

Chambliss finished first in the general election with 49.8 percent to Martin's 46.8, a mere .2 percent shy of success.

Darth V. and John S.Weeney are doing everything in their power on the Dark Side to prevent Saxby from winning, including a massive campaign targeting the 325,000 union workers in Georgia. The AFL-CIO is counting on a low voter turn-out to aid Jim Martin in taking the last open Senate seat for the Democrats.

Throw in a visit from Obama and President Clinton, and construction on the Death Star is nearly complete. Enter Obi-wan McCain and Hans Huckabee with light sabers at the ready, but in the typical fashion of all heroes in these situations, they are woefully outnumbered and out-spent politically...

The Sith's Big Plan over the next 3 weeks and with 10,000 staff and union volunteers:

--Deliver 550,000 worksite flyers

--Make 600,000 phone calls

--Send 610,000 union mail to homes

--Send 81,000 targeted anti-Chambliss mailings to homes (see link for actual mailer)

--Knock on 225,000 doors

The Death Star reference by the way is the EFCA. When the unions and Obama make the Employee Free Choice Act "the law of the land" in 2009, there will be no way to stop it if the Senate has 60 votes. No filibuster. No hope for the employees, businesses, wookies or ewoks.

to be continued... next up, the Jedi Council at Projections produces even more custom Icebreaker videos. See what other companies around the galaxy are already doing with this secret Jedi weapon to communicate to their employees about the EFCA and their union free position.

May the force be with you, 'cause the legislation may not be.

Everything will be okay in the end?

2008-11-04T10:32:00.010-05:00

This is the only inspirational saying that I have on my refrigerator at home and I think after today's election it's going to have more meaning for me than ever before.

I voted for McCain today, twice (just kidding-not, no really just kidding) at 7:00am on the dot just as the polls opened. The horror stories of 3 to 4 hours of long voting lines apparently does not apply at the crack of dawn.

I then waited in line at Starbucks for my free cup of coffee--that took 33 minutes...

Life is filled with irony. I find it ironic that we are all voting today for Presidents and politicians via our Secret Ballot election procedure and the Change candidate says is going to take that right away from me when it comes to unionization. You see, no matter how much my Democratic friends tried to pressure me into voting their way (and even if to just get them to shut the hell up about the community organizer I'd said I'd vote their way...), I knew in the end that I would be able to SECRETLY VOTE MY OWN WAY and no one would know how I voted.

Rumors are that in the first 100 days of office, regardless of who the President of the United States is, the union led legislation called the Employee Free Choice Act (EFCA) will be passed. After all, the Unions spent hundreds of millions of their members' hard-earned dues money to make sure that the community organizer had the greatest shot at getting elected along with a packed house and senate of Democrats to ensure the vote. Meanwhile, McCain, a large majority of Republicans and the media have been asleep at the wheel with regards to the EFCA-- not realizing that if the workers of the UNITED STATES of AMERICA (93% that are union free) knew that the EFCA will take away their right to vote in a union election, they would have perhaps have more carefully considered the secret ballot votes they made today.

So "Vote for Change" because you are about to get it, whether you know it or not. WAKE UP because the change you've so desperately requested is going to effect every single workforce in every single industry and in every state in America. There will be no rock you can hide under. Your employees are the ticket to financial freedom for every union in the AFL-CIO and Change to Win. They have publicly said they expect their enrollment to double from 7.5% to over 15% in the matter of a single year.

Who cares that unions currently win 60% of the labor elections held today via the Secret Ballot system administered by the National Labor Relations Board? Who cares that the current Card-Check system was responsible for 70%--that's right 70% of the new members acquired over the last several years. No vote needed in the current system.

But winning 60% in Elections and 70% via Card-Check does not matter when no one actually wants to be in a union. The private sector work force holds at 7.5% unionized. Unions consistently lose as many members as they gain. Today's election method of getting authorization cards signed, needing at least 30% of the employees signed up to file a petition for election, doing the Union 3P program on employees: Pressuring, Promising and Pissing Off to get more than 50% of the cards signed---maybe even 60% or 75% signed up... only to have it all LOST when employees ultimately VOTE NO to unionization in a secret ballot election. Remember, companies only win 40% of the time in secret ballot elections.

With the EFCA, the process gets "The Change We Need," as the community organizer says. With the Employee Free Choice Act, employees lose their right to vote in a secret ballot election and the process is simplified on their behalf. Now unions, with the same Union 3P program of Pressuring, Promising and Pissing Off, all they have to do is get 50% plus 1 of the employees to sign the authorization card and "Viola!," you are now unionized. No need for a secret ballot election. Easy. Free Choice.

And that's just the benefits for the employees, they'll be paying dues in no time. Because the employer has just 90 days to agree to a collective bargaining agreement or a third party arbitrator will do it for you in 30 days and it's binding for two years. Just give that about 30 seconds of thought.. .a third party arbitrator will come in from outside your industry and with no knowledge of your business model or financial situation or objectives and impose a two-year binding contract on your wages and benefits. No say for the union, no say for the employer, and certainly no voting on the contract for those union member employees. Don't like it? Too bad.

You've now got somewhere between 160 and 180 days to wake up your CEO and management team, train your supervisors and educate your employees via any means possible. It's simple: "DON'T SIGN THE CARD," "PROTECT YOUR SIGNATURE," and "DON'T BE THE PLUS ONE." No other employee communications company in America has more tools and custom resources to help in this process than Projections... just maybe everything will be okay in the end.

The Other Big Debate: EFCA

2008-10-16T14:30:00.003-04:00

In speaking with labor attorneys, labor consultants, CEOs, Plant Managers and HR professionals across the country on a daily basis, I encounter a lot of questions and comments with regards to the Employee Free Choice Act.

Labor attorneys and consultants want to know what resources (off-the-shelf or custom) Projections has to best explain it on a CEO level, a Supervisor level and directly to employees. Followed by: "What do you think is going to happen in the future (with regards to the EFCA) and what products will I have to deal with it then?"

The CEO's, Plant Managers and HR professionals are literarily divided into three camps.

1) EFCA?--never heard of it, what is it, and how does it affect my company?

2) We are proactively engaged in educating our workforce on the EFCA, right now (before the election).

3) Yes, we are keeping an eye on the EFCA and the election, but we want to just wait and see what happens next.

So what does my crystal ball tell me? I don't know, I shake it and it appears to be snowy...oh wait that's a snow globe. Seriously my personal opinion is that you cannot go wrong communicating to your employees and creating positive employee relations--period. But, when you do, you should also communicate your company's labor position, your union free philosophy, pending HR or labor legislation that may impact your business and your workforce and why it important to know this information. It is not personal, it is not political, it is business and it will impact every employee and their family in one way or another.

Unions are big business and employees need to understand that above all else. Unions are a business and they need employees to have a problem that seemingly only a union can solve. The price? Dues money from the employees (not the company) in the billions annually. In the absence of an actual problem to solve, one must be "created" or an entire corporate campaign masterminded to do one thing--Unionize the employees to get the dues money rolling in.

In the simplest of explanations, the path to getting employees to vote in a union election is both timely and expensive to unions and today involves 3 steps.

1) Get enough cards signed (30%)

2) Petition for a election with the NLRB

3) Hold a secret ballot election.

In this process, unions currently win almost 60% of the elections. So why the EFCA? Why are unions spending $200 million to elect Obama, gain Senate seats and promote the EFCA? Because no matter how many elections they win, the number of employees voting to become union members is plummeting, from 33% in the 1950's to 7.5% today. Obama, a democratic Senate and the EFCA is their last hope. The EFCA would eliminate Step 2 and 3. Step 1) Get 50% plus 1 of cards signed and no election necessary, the company is now unionized.

There are two opposing articles or blogs on USA Today about the Employee Free Choice Act.

The first salvo came from USA Today with the headline "Our view on labor laws: No way to form a union. Workers deserve to hear both sides, vote in private." It's a one minute read unless you read all the comments (and I suggest you do as they are generally interesting perspectives).

The Opposing View: Give workers free, fair choice is written by none other than John Sweeney himself. Here is the President of the AFL-CIO given a free public forum to communicate his position on the EFCA and he blows it. Or so I think. As I read both articles I realized that Sweeney doesn't say anything justifying the EFCA because there is no actual justification that makes any sense. Unions are like a child that wants a cookie right after having dessert. It doesn't have to make any sense, they just want it.

The only point I am going to argue or comment on is one where Sweeney tells half the story. He says, "Workers can still vote in a secret-ballot union election under the Employee Free Choice Act." Yes, if the union gets 50% plus 1 of the cards signed by employees and IF both the Union AND the Company agree to a secret ballot election, then and only then will the NLRB hold an election. Now I can't wait to see under what scenario will BOTH the Union and the Company agree to that, especially if the union has more than 50% of the cards signed. Oh, and Mr Sweeney, that's still not a choice made by the employees--it's the Union and the Company agreeing to an election.

Bottom line: Communicate your union free philosophy (video, website) to your Supervisors and to your employees--both existing employees and new hires from day one-- during the onboarding process. Start today before the election, start in November after the election, start after the first of the year around the inauguration, start in the spring. Just start communicating to your employees. Because what my crystal ball does tell me is that no matter who is elected President, the EFCA will pass (maybe as is or maybe a modified version) in the Spring or early Summer and if you haven't begun some process on communicating to your supervisors and employees about your position and the immediate dangers of signing a card then you might want to find out about what the rest of the EFCA holds for your company: changes in Collective Bargaining, Mediation, Arbitration, Decertification, Penalties for Violations...

McCain is not the only important Union Issue

2008-10-08T16:33:00.007-04:00

"Not that there is anything wrong with it..." but do the half-million UNITE HERE members know where their dues money is being spent now? How about $100,000 to support gay marriage in California? What? You didn't know that you oppose Proposition 8- the constitutional amendment that would ban gay marriage in the state?

Well start paying attention! "Endorsing the No-on-8 campaign is consistent with the long-held positions of this union," says Cleve Jones, a longtime gay activist and organizer for Unite Here. "In addition to opposing Proposition 8, Unite Here encourages its LGBT (that's lesbian, gay, bisexual and transgender) employees to participate in all levels of the union. The union is absolutely committed to the LGBT community."

That just goes to show that not all of your dues money is being spent on stopping John McCain from becoming President or passing the Employee No Choice Act. There are plenty of other really, really, really important causes out there...just ask'em and they'll tell you how important your dues money is to THEIR causes.

Racketeer Influenced and Corrupt Organizations: RICO

2008-09-16T10:00:00.006-04:00

As I take break from commenting on all the money unions are spending to stop John McCain and all the money unions are spending to make sure the EFCA passes, I thought it would be important to also take a look at where some other dues money goes: defending RICO lawsuits and paying HUGE fines when they lose...and you (union members) thought it was just spent on politics...

Recent headlines read:

"Union ordered to pay contractor $10 million"

Chicago Carpenters Union found guilty of targeting Prate Installations with the intent of destroying the business by regularly engaging in strikes and picket lines since 1998.

"UNITE HERE ordered to pay Sutter Health $17 million"

The union was convicted of "fraud, malice and oppression" due to their tactics to organize Angelica Textile Service employees. The tactic--go after their customer Sutter Health in a corporate campaign. Including sending out a postcard to all Sutter customers that told expectant mothers they should avoid Sutter or their babies might become sick.

"Union Ordered to Pay at Least $5 million to Cintas"

UNITE HERE illegally obtained the license plate numbers from employee-partners working at Cintas Corporations's Emmaus, PA facility, in order to access personal information, which was then used as part of the union's organizing efforts.

"NFL Union Countersues CBS Over Fantasy Sports Right"

I put this in here to make sure you are paying attention--while a real lawsuit, it's not RICO (yet). The union is demanding licensing fees for CBS's use of football statistics in online fantasy sports offerings as it "infringes on player's rights". Unions are stupid.

Giant pending RICO suits...

Cintas vs UNITE HERE

Bashas vs. UFCW (see www.bashsatogether.com, the company's response to union)

Wackenhut vs SEIU

Smithfield vs UFCW (yesterday in court: "The union did nothing wrong in peacefully applying economic pressure in its attempt to organize thousands of workers at the world's largest hog-slaughtering plant," the union's lawyer told a federal judge.)

and if you truly have sense of humor, Jobs with Justice, which is named as a defendant in some RICO suits (Bashas for one), launched a campaign against corporations' use of the RICO act as a legal tactic to silence corporate critics.

Yeah, that's what companies are doing, using the RICO act to stop union organizing... how about they just want unions to stop all the foolishness of corporate campaigns with blatantly illegal tactics against corporations, their vendors, their suppliers, their customers and worse--the very employees they are trying to organize.

Unions "Batting a Thousand"

2008-09-11T08:00:00.000-04:00

At first all 30 Major League Baseball teams were instructed to save broken bats and after 260 games they had 257 broken bats. Today the number is 1,700 and climbing. That's how many broken bats MLB officials have collected since July 2nd. Apparently it's a staggering number and it sounds like it to me, I mean that's a lot of broken bats. Commissioner Bud Selig's analysis is that maple bats are suspect as they are the majority of the broken bats. Take corrective action--you say. Ha, if it were only that easy. You see the MLB is unionized and well bats and their use fall under collective bargaining. I wish I were kidding but I'm not. Forget player safety..., what's a few impalements among fans, er, friends?

What's next then? The union says it will be next season before any corrective action is taken. Besides who really cares, football season has started.