From the desk of Steve Cabot:

It has always suited union bosses to paint employers as privileged ogres getting rich off the backs of their workers. Envy and resentment are emotions easily stoked and manipulated, and Big Labor has been shameless in using “us/them” rhetoric to distract the rank-and-file from the real workplace abuses, namely their loss of individual rights.

Times are changing, however. Workers have begun to shake off their shackles and support measures restoring their liberty. One of the key pieces of legislation codifying these reforms is the Employee Rights Act (ERA), introduced in August 2011. The measure has been bottled up in committee by the Democrat majority in the Senate, but there appears to be a renewed groundswell of support for its passage, with at least 70% of union households now endorsing its key provisions. (See my September 2011 blog entry below for more specifics.)

While passage of an intact ERA is unlikely before this fall’s elections, supporters in Congress will attempt to attach individual elements to other legislation destined for a presidential signature. I’ll keep you posted on the latest developments as they unfold.

In other encouraging news, freedom of choice for employers and their workers got a big boost when Indiana became the 23rd right-to-work state, the first in the “rust belt” to do so. Unfortunately, the pushback against forced unionism has hit resistance elsewhere in union strongholds like Wisconsin, where the threat (and actuality) of recall elections has weakened the resolve of some reformers.

Whatever the political developments this year, however, we know the Obama administration will continue to push its anti-employer agenda – with or without constitutional authority. And should you find your organization needing assistance with any labor relations matters, I encourage you to call me directly on my cell phone (215-990-3423) or contact Georgetta McCabe, my administrative assistant, on her direct line: 800-655-2042.

afl-cio · cabot institute · card check · Democrats · employee rights act · era · Labor Relations · national labor relations act · National Labor Relations Board · organized labor · President Obama · stephen cabot · Unions · Wisconsin · worker rights

From the desk of Steve Cabot:

In the 1993 romantic comedy, “Groundhog Day,” weatherman Phil Connors, played by Bill Murray, was forced to live through the same dreadful 24 hours, again and again, where nothing changed – until he did. Central to the plot was that only he was aware of this repetitive phenomenon; everyone else was totally oblivious. It was an amusing film and did well at the box office.

Unfortunately, employers – and the rest of America – are being forced to live through a darker, more sinister version of this movie, one in which the lead character continues to push his Big Labor “change” agenda without regard to constitutional restrictions or political precedent. Unlike the original, however, we are all very much aware of what’s going on – only nobody’s laughing, except union leaders and their allies.

The most recent and egregious examples of the president’s imperial excess can be seen in his brazen misuse of “interim appointments” to fill vacancies on the NLRB. With the Senate still officially in session, Mr. Obama ignored the vetting role of that body and simply declared that pro-union partisans Richard Griffin and Sharon Block would join Terence Flynn as new, unapproved members. When challenged by Senate leaders, the president had his Attorney General issue a lockstep ruling supporting his decision. So much for the separation of powers.

But it doesn’t stop there. For example, when Congress refused to pass legislation restricting the rights of workers, the administration promptly switched to rule-making to implement its agenda, including  authorizing “quickie” or “ambush” elections which stack the deck against employers.

The bottom line is that sensing their time in power may be limited, the forces of Big Labor in and out of government are hell-bent on reshaping workplace dynamics as aggressively as possible. I have been helping my clients prepare for the worst for three years, and every day that goes by validates the wisdom of that strategy.

I encourage you to reach out with any labor relations concerns you might have. You can call me directly on my cell phone (215-990-3423) or contact Georgetta McCabe, my administrative assistant, on her direct line: 800-655-2042.

ambush elections · bypass Congress · Cabot Institute for Labor Relations · card check · eric holder · nlrb · Obama · recess appointment · richard griffin · sharon block · stephen cabot · Steve Cabot

From the desk of Steve Cabot:

These are challenging times for optimists.  I remember writing a year ago that as disruptive as 2010 had been for millions of American workers and their employers, 2011 could well be even more difficult.  I take no joy in the accuracy of that prediction.

But as much as we may feel like frogs swimming in that famous pot on the stove as Washington continues to turn up the heat, I do believe in the core strength and wisdom of the American people.  My hope is that when it’s time to write an assessment a year from now, we will have righted this ship of state, setting the stage for real recovery, and reversing the policies that have discouraged and divided us.

In this moment, however, I prefer to set aside those concerns and reflect on those aspects of life that transcend the sorts of struggles we all face from time to time.  I’m grateful for my clients – for their confidence and constancy – and for my family and friends who deepen my experience of living and bring joy in so many ways.

Yes, there will be opportunities soon enough to address the issues that confront us as employers, and I will be returning in a month to write on those important matters.   Until then, I hope you will find ways to offer and receive the love and support that is central to the significance of this season.

As always, for assistance with any labor relations issues, I encourage you to call me directly on my cell phone (215-990-3423) or contact Georgetta McCabe, my administrative assistant, on her direct line: 800-655-2042.

afl-cio · cabot institute · decertification · EFCA · Labor Relations

From the desk of Steve Cabot:

I wasn’t too surprised when Organized Labor decided to throw in with the motley mobs currently laying siege to cities across the country. After all, they have a lot in common. The anti-capitalist, redistributionist rhetoric coming from the agitators is standard fare at union rallies, and the paramilitary tactics of intimidation, disruption, and forcible occupation of public and private property are right out of the SEIU handbook.

The truth is, this is a natural – if unholy – alliance:  the demonstrators want to weaken corporations and demonize profits, and the labor unions are more than happy to provide logistical and financial assistance as a means of building their own public support and political power. For them, this is simply another step toward their goal of reestablishing workplace hegemony.

This is an ongoing saga, one with significant long-term implications. If you’re interested in learning more about the state of Organized Labor today and its impact on our economy, I invite you to read a compelling special report just released by Human Events entitled, “The Big Labor Stranglehold:  Killing Jobs & Hurting America.” Written by Dr. Carl F. Horowitz, project manager for the National Legal and Policy Center, this 26-page report looks beyond the well-publicized but misleading statistics about declining union membership and documents the strategies, goals, impact, and prospects of Big Labor in America.

To receive your complimentary copy, simply click here or on the image below to go to the Human Events website. Once you register, a pdf version of the report will be sent directly to the email address you specify.

For assistance with any labor relations issues, I encourage you to call me on my cell phone (215-990-3423) or contact Georgetta McCabe, my administrative assistant, on her direct line: 800-655-2042.

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From the desk of Steve Cabot:

One of the truly unfortunate aspects of Organized Labor is how workers are regularly robbed of their rights by union leaders claiming to have their interests at heart. It happens when employees are denied secret ballot elections, sometimes with the complicity of management. It happens when union dues are funneled to causes or candidates antithetical to the preferences of individual members. And it happens when workers are punished for daring to question or object to union policies or decisions.

Relief – or at least the prospect of it – is now at hand in the form of the recently-introduced Employee Rights Act. This legislation protects the rights of workers while leaving intact the appropriate prerogatives of management and labor. It is truly a win/win proposal and has our wholehearted support.

Included among the major provisions are:

• Secret Ballot Elections – Employees are guaranteed the right to a secret ballot election when choosing whether or not to join a union.
• Union Recertification Elections – Unionized workplaces must hold a secret ballot referendum every three years to determine whether employees wish to remain represented by their current union.
• Paycheck Protection – Unions will need to get written consent from members before spending their money on matters unrelated to collective bargaining (e.g. the support of political candidates or causes).
• Standardized Election Timing – Employees must be given at least 40 days prior to a ratification election to receive and consider information from both management and union representatives.
• Decertification Coercion Prevention – The NLRA provisions protecting workers from intimidation or coercion in exercising their rights (including the right to decertify the union) are strengthened.
• Secret Ballot Strike Vote – Employees have the right to a secret ballot vote before union leaders can declare a strike.
• Criminalizes Union Threats – Unions are forbidden to use violence, or threats thereof, as a means of coercing employees.

Passage of this legislation is unlikely before the 2012 elections, but employers seeking assistance now in these or other labor relations matters should call me on my cell phone (215-990-3423) or contact Georgetta McCabe, my administrative assistant, on her direct line: 800-655-2042.

decertification · employee rights act · Labor Relations · nlrb · paycheck protection · SEIU · union coercion · union secret ballot elections

From the desk of Steve Cabot:

With his Congressional rubber stamp privileges revoked by the decisive loss of the House of Representatives last November, President Obama continues to use the rule-making and regulatory powers of the Executive Branch to work his will on employers.  He seems emboldened by the push-back from the American people, and is doubling down on his efforts to “transform” the country in his remaining time in office.

Previously, we described how the Democrat-dominated NLRB recently proposed rules which would significantly impact management’s ability to makes its case leading up to a union ratification election. Now it’s the Department of Labor which has stepped in to influence and intimidate employers who seek advice from outside attorneys and consultants (officially known as “persuaders”) as they prepare for these elections.

Specifically, the DOL has proposed a rule related to the reporting requirements under Section 203 of the Labor-Management Reporting and Disclosure Act of 1959, which would broaden “advice” to mean any “oral or written recommendation regarding a decision or course of conduct.” The rule stipulates that both the company and its consultants must open their books to report any of the newly-covered activities – and, even more intrusively, the details of any compensation involved.

As usual, the devil is in the details, as found in the language of the rule:

“For example, persuader activities may additionally include: Training or directing supervisors and other management representatives to engage in persuader activity; establishing anti-union committees composed of employees; planning employee meetings; deciding which employees to target for persuader activity or discipline; creating employer policies and practices designed to prevent organizing; and determining the timing and sequencing of persuader tactics and strategies.”

The rule goes on to state that even “union avoidance” seminars and conferences offered by lawyers or labor consultants to employers will constitute “reportable persuader activity.”  The proposed rule was  published on June 21, 2011, in the Federal Register. Public comments can submitted until August 22, 2011.

Cabot Institute for Labor Relations · consultant disclosure · corporate america · Department of Labor · employer disclosure · Labor Relations · new rule · organized labor · persuader advice · President Obama · section 203 lmrda 1959 · stephen cabot · Steve Cabot · union elections · union organizers · unionization · Washington

The National Labor Relations Board needs a quorum of three. If President Obama hopes to enact his pro-union agenda, he will need to have another pro-union advocate on the NLRB. He won’t say who is the pro-union advocate; he won’t even say that there is a pro-union advocate.

But as the names are flipped from hand to hand, one name keeps turning up. And if you guessed Craig Becker, you would be right.

According to The Wall Street Journal (www.wsj.com) “In a 1993 Minnesota Law Review article [Becker] said that the ‘core defect in union election law…is the employer’s status as a party to labor representation proceedings’ and that ‘employers should be stripped of any legally cognizable interest in their employees’ election of representatives.’”

If an NLRB member believes that employers should not be permitted to educate their employees about he disadvantages of unionization, he can hardly be considered a fair minded adjudicator of labor issues.

Yet, according to Senator Tom Harkin, President Obama will appoint Craig Becker to the NLRB during the Easter recess. It’s called a recess appointment, and it’s an end run around the Senate. No votes are required.

With his pro-union advocates on the NLRB, President Obama will have won his three card Monte game, for no matter which member Corporate America appeals to, the results will always favor the union.

This article was originally published here

cabot institute · corporate america · craig becker · Labor Relations · national labor relations act · nlrb · stephen cabot · unionization · Unions · wall street journal