Projections Blog

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

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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.