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:

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.

cabot institute · Employee Free Choice Act · human events · Labor Relations · national labor relations act · National Labor Relations Board · nlrb · occupy wall street · organized labor · President Obama · Right to Work · SEIU · Service Employees International Union · special report the big labor strangehold · unions killing jobs · Washington · Wisconsin · workers

From the Desk of Steve Cabot:

Having failed to get congress to pass the Employee Free Choice Act (EFCA), organized labor is now benefitting from proposed new rules issued by the National Labor Relations Board (NLRB). The new rules will ease the way for organized labor to win union elections by dramatically truncating the period of time from petition to election. It currently takes an average of 57 days from petition to election; under the new rules that period would be reduced to from 10 to 21 days. Of course, union organizers often spend months convincing employees to vote for unionization, prior to the filing of a petition. Now, the newly imposed brief interregnum will significantly curtail a company’s ability to educate employees about the disadvantages of unionization.

As if that were not sufficiently injurious to Corporate America, the NLRB rules would also permit the electronic filing of election petitions, defer litigation about voter eligibility until after an election, require employers to provide a union with the phone numbers and e-mail addresses of all employees prior to an election, consolidate all litigious matters into a single post-election appeals action in order to eliminate individual actions that could delay an election.

One can only speculate what additional pro-union rules and regulations the NLRB may issue in the coming months. Certainly issues of wages and benefits will be an enticing subject for the NLRB ideologues to consider.

Corporate America has, thus far, been too complacent, believing that because the number of union members has decreased over the years that unions have been rendered ineffectual. In fact, unions are vigorously preparing for an aggressive assault on Corporate America, and its chief advocate and front-line ally is the NLRB, which is proposing a number of radical threats to Corporate America that should not be ignored.

cabot institute · corporate america · elections · electronic filing · Labor Relations · litigation · National Labor Relations Board · new regulations · new rules · nlrb · organized labor · petitions · stephen cabot · Steve Cabot · union elections · union organizers · unionization · Washington · workers

From the desk of Steve Cabot:

Businesses across America are suffering at the hands of an aggressively pro-union National Labor Relations Board (NLRB). As a result, 86 national business associations and 131 state and city associations have formed the Coalition for a Democratic Workplace. The Coalition’s mission is to amend the National Labor Relations Act, so that businesses can operate at maximum rates of productivity and profitability.

The Coalition supports the Job Protection Act, H. R. 1976, which would, according to an article in the P J Tattler, clarify the NLRA “with respect to state right to work laws, reining the agency in after a series of unprecedented actions that heavily tilt toward Big Labor.”

From allowing micro unions to organize to preventing Boeing from operating in a right-to-work state, from permitting union organizers to trespass on private corporate property to promoting card checks, the NLRB has been proving to be one of the most injurious institutions to the health and growth of American businesses.

We urge all readers of the Cabot Institute of Labor Relations blog to contact their congressional representatives and voice their support for the Job Protection Act, H R 1976.

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From the desk of Stephen Cabot:

Just before Americans were to celebrate the unofficial beginning of summer over the Memorial Day weekend, the National Labor Relations Board (NLRB) decided to make Catholic educators unhappy. It declared that St. Xavier University was not sufficiently religious to be exempt from federal jurisdiction. That ruling followed an earlier one against the Christian Brothers’ Manhattan College.

Though a Court of Appeals has twice ordered the NLRB to cease harassing religious institutions, the NLRB – in its aggressive pro-union actions – has ignored the court. It hasn’t mattered to the Board that in 2002 and 2008, the court reversed the NLRB, thus exempting religious institutions from the 1935 National Labor Relations Act. The Board insists that it has the right to determine if a religious institution has a “substantial religious character.” And if it doesn’t meet the Board’s criteria, then the Board can impose its policies. This dispute is likely to wind up before the U.S. Supreme Court.

It becomes increasingly apparent that the NLRB will do whatever is necessary to advance the agenda of organized labor, even if that means obviating federal law when it comes to religious institutions. College faculty members, after all, represent a huge pool of potential dues-paying union members.

1935 Act · cabot institute · Catholic · Catholic colleges · Catholic educators · Catholic universities · Court of Appeals · federal court · Labor Relations · national labor relations act · National Labor Relations Board · nlrb · religious · religious freedom · stephen cabot · Steve Cabot · Washington · workers

From the desk of Stephen Cabot:

The National Labor Relations Board’s decision to prevent Boeing from opening a new out-of-state manufacturing facility has apparently inspired other workers to file complaints with the Board.

The American Guild of Musical Artists has now filed a federal complaint against the New York City Opera, which wants to move out of its famed Lincoln Center home after 45 years. The opera company is in serious financial difficulty and deeply in debt. Not only will the company move to a more affordable space, but it plans to reduce the number of operas it will stage next year, from five to three.

The opera company’s 200 members, including fifty choristers and ten production workers, are claiming that the move to a less expensive venue and the company’s intention to produce fewer operas than last season will result in reduced pay.

Of course, it will: that’s the point of restructuring. If the company is to survive and continue providing first-class opera performances to opera goers, it must cut costs. And one of its major costs is its labor expenses.

One can now expect that unionized workers of any company that wants to relocate to file a complaint with the NLRB. The Boeing decision has opened a Pandora’s Box of complaints that will continue to place obstacles against new opportunities not only for increasing profitability and productivity, but also (in this case) against a corporation’s very survival.

Corporate America can only hope that the NLRB does not approve this latest operatic complaint. It is an aria sung out of tune with logic.

American Guild of Musical Artists · Boeing · cabot institute · Choristers · City Opera · Labor Relations · Lincoln Center · National Labor Relations Board · New York City Opera · nlrb · Opera goers · Right to Work · stephen cabot · Steve Cabot · union · unionized · workers

From the desk of Stephen Cabot:

According to an article in the Wall Street Journal (www.wsj.com), the NLRB has broadened its recent decision about not permitting Boeing to open a manufacturing facility in a right-to-work state. It wants to apply that decision to all companies.

Unions have traditionally focused their attentions on collective bargaining, wages, and benefits. Management has heretofore been free to decide where a company should operate.

Now the NLRB wants to change that formula: The Board would like to force all unionized companies to consult their workers’ unions before deciding to relocate to another state. In other words, if employees don’t want to move, then the company will have to stay put or attempt to get an exemption from the union and/or the NLRB. Unions would have unfair leverage as well as a veto.

This is a further example that the NLRB will do what organized labor demands to counteract the waning levels of union membership and even help unions capture new members. Rather than preserving jobs in America, such tactics will cause companies to relocate out of the United States. And that will be bad for everyone: workers, consumers, companies; in fact, it will prove injurious to the entire economy of country.

Boeing · cabot institute · International Association of Machinists and Aerospace Workers · Labor Relations · National Labor Relations Board · nlrb · Right to Work · South Carolina · stephen cabot · Steve Cabot · Washington · workers

From the desk of Stephen Cabot:

In Columbus, Mississippi, permanent replacement workers have taken up the anti-union banner: they want to decertify the union at Omnova Solutions, Inc., a maker of upholstery products.

A petition for decertification has been filed; and after a four-to-six week period awaiting approval of the petition by the NLRB, more than 100 workers could vote in a secret ballot election to make the company non-union, following a year-long strike that has had a negative effect on the company’s bottom line.

This is another example of American workers being fed up with unrealistic union demands, especially during a period of high unemployment when workers are desperate to earn a living, to pay their expenses, and put food on dinner tables. Only high-handed union officials seem unconcerned with the day-to-day problems of the unemployed. It’s time for all American workers to say no to unionization and yes to full employment.

cabot institute · Columbus · decertification · employees · labor · Labor Relations · management · Mississippi · National Labor Relations Board · nlrb · Omnova · organized labor · petition · stephen cabot · Steve Cabot · strike · union · unionizaion · Unions · upholstery · workers

From the desk of Stephen Cabot:

In a further attempt to promote card checks, the National Labor Relations Board has filed suit to void a voter-approved constitutional amendment in Arizona that allows the formation of unions only by secret ballot elections.

This is not only blow against democracy, for Arizonians voted to approve the way unions could be formed, but it is also evidence of the NLRB’s ongoing determination to promote Card Checks as a way of increasing union membership.

Arizona’s attorney general will fight the lawsuit, making a stand for democracy and the rights of workers and management to decide upon unionization based upon secret ballot elections.

That, however, has not curtailed the intentions of the NLRB, which now plans to sue South Dakota as well over its passage of a constitutional amendment similar to Arizona’s In addition, the NLRB may initiate legal action against South Carolina and Utah in the coming weeks or months. It is apparent that if organized labor cannot get congress to pass the Employee Free Choice Act (aka, Card Checks), then it will let the NLRB do its bidding, even if it involves abrogating the votes of citizens.

amendments · Arizona · cabot institute · card checks · constitutional amendment · Employee Free Choice Act · employees · Labor Relations · National Labor Relations Board · nlrb · South Carolina · South Dakota · stephen cabot · Steve Cabot · unionization · Unions · Utah · workers