Obama Administration Closes Year Paying Off Big Labor

Katie Gage
January 1, 2011
Townhall

With the White House doling out appointments, regulatory favors and other paybacks, Big Labor must be counting its blessings to have an administration in place willing to ignore the will of citizens and job creators. It does not seem President Obama feels inhibited in paying back union bosses even though his initiatives could not and would not pass in the legislature. Instead, he has taken to using unelected bureaucrats not accountable to voters to enact sweeping changes in labor laws.

All of this takes place in the context of Big Labor having spent half a billion dollars to elect Obama in the first place and hundreds of millions more in the midterm elections just a few, short months ago. So instead of engaging in public dialogue and advancing initiatives in Congress, the Obama Administration has settled on a skewed and secretive rulemaking process largely driven by the National Labor Relations Board (NLRB).

Just a year ago, we heard over and over again from union bosses that they would be able to achieve enactment of the Employee ‘Forced’ Choice Act. Friends of Big Labor in the Senate echoed the sentiment, confident that they would push this job-killing bill through, but small business owners and voters refused to allow it. The bill would remove workers’ rights to a secret ballot in union elections and force government-mandated contracts on employees and employers alike without their consent.

Frustrated with this failed effort, Big Labor turned its sights elsewhere and redirected its focus to the White House where they handpicked advocates to serve on the NLRB and do their bidding. It began with Craig Becker, the former Service Employees International Union (SEIU) and American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) attorney who received a recess appointment after being rejected in a bipartisan fashion by the U.S. Senate and who now refuses to recuse himself from matters directly related to and benefiting his previous employers.

Just this month, the NLRB decided in favor of union bosses in its ruling on the Dana Corporation. In this decision, employers and unions can conspire to identify the workers most easily persuaded into forming a collective-bargaining unit having them sign cards, while leaving the remaining half of the workforce without a voice or vote in the process which affects their wages, benefits and workplace rules.

In addition, the NLRB also pushed this year for electronic voting in unionization elections, which would take voting out of the workplace and introduce a myriad of potential problems – not the least of which would be coercion of workers. Factor in the high potential for fraud and it is easy to see where the NLRB’s loyalties lay – with union bosses, not workers.

As if changing the mode of voting wasn’t enough, the NLRB is now considering reversing a determination that employees have a 45-day window to file petitions for an election after being notified that the employer has recognized a union through a so-called “voluntary” card check agreement. Shortchanging workers by rushing them into a union vote and not giving them ample time to educate themselves before making a decision is just another way this government agency is paying back Big Labor.

And last week, the NLRB stated that it would require companies to publicly alert their employees of their right to unionize under Federal law, requiring postings on bulletin boards, and sometimes even calling for emails to be sent to all staff members. But there was no mention made of the right of employees to remain without a collective bargaining unit or even how to decertify one. Claiming the National Labor Relations Act of 1935 as its justification, the NLRB is taking one more jab at small business as we approach the end of the year.

Job creators will not simply look the other way and will hold to account those who advocate for job-killing policies.

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AZ Daily Sun--Coconino Voices: PRO Act legislation would hurt local businesses

— 05.13.2021 —
By: Julie Pastrik Arizona businesses and workers have had an incredibly challenging year given the economic slowdown that followed in the wake of the coronavirus pandemic. However, local businesses and industries across the state are resilient and on the road to a strong recovery that will mean more jobs for Arizona workers and increased economic development to strengthen our communities. That is, as long as Congress does not move forward with potentially devastating legislation that would hurt local employers and employees alike while impeding our state’s economic recovery. Unfortunately, some members of Congress seem determined to do just that by pushing through the Protecting the Right to Organize (PRO) Act. As harmless as the name may sound, the PRO Act would have serious repercussions for local businesses, particularly smaller ones, while undermining long-standing rights for employees and threatening the growing gig economy that has helped provide much-needed income for so many during this time. Arizona is fortunate to have leaders like Senators Mark Kelly and Kyrsten Sinema, who have both refrained from joining the vast majority of their Democratic colleagues in cosponsoring the PRO Act. In a slap in the face to Arizona workers, the PRO Act removes one of the most fundamental rights a worker has when it comes to voting in elections to determine whether to unionize: the secret ballot. Instead, workers could be forced to sign union authorization cards in front of other employees, their employer, or union organizers. This bill would also destroy workers’ right to privacy by allowing unions access to personal information, including their home address and personal phone number. If that doesn’t open the door to union intimidation and harassment, I don’t know what does. As if that was not bad enough, the PRO Act would create major new challenges for Arizona businesses, making it harder for them to create jobs, expand in their communities, and even keep their doors open. It would redefine what it means to be a “joint employer” under national labor law, greatly complicating existing relationships between franchisors and franchisees as well as between business owners, contractors, subcontractors, and vendors and suppliers. At the same time, it would interfere with attorney-client confidentiality and make it much more difficult for small businesses to secure a legal advice on labor issues. Particularly harmful during these times, the PRO Act would apply a failed policy from California to national labor law by using the “ABC” test to determine whether a worker is an independent contractor or employee. This makes it much harder to qualify as an independent contractor, threatening the freedom and flexibility that tens of thousands of Arizonans find in independent contracting and gig economy work. Ultimately, the PRO Act is bad public policy that only works for union leaders to inflate their falling ranks while threatening workers’ rights, undermining small businesses, and jeopardizing a growing part of our economy. This is not a good solution for Arizona, and Senators Sinema and Kelly should stay firm and not cosponsor this misguided legislation.
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