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Unions Tag

Today, Wisconsin Governor Scott Walker will take the stage at a Las Vegas town hall and unveil his national labor reform plan. On Thursday, Walker teased the plan during a speech at Eureka College, saying, "...on Day One, I will stop the government from taking money out of the paychecks of federal employees for political union dues. I've won those battles in Wisconsin and believe me, I won't back down from the battles in Washington." The Walker campaign has done a lot of legwork in the lead-up to today, which tells me that they're banking on this presentation as a vehicle to breathe life back into what many believe is a faltering campaign infrastructure. During an interview with CNN's Jake Tapper this weekend, Walker ran offense as Tapper grilled him on dropping poll numbers and criticism from right-leaning outlets about how his campaign is handling the pressure of the election cycle. Walker's labor reform plan is bold, and detailed. He proposes eliminating the National Labor Relations Board, eliminating federal unions, and requiring new levels of transparency and accountability for all unions. He also backs national right to work laws, and policies that would protect whistleblowers and employees who choose not to join a union. On the taxpayer end, Walker proposes rolling back wage controls (for a savings of $13 billion over ten years,) and ending union control over federal highway contracts (for a savings of 12-18 percent per project.) In an exclusive op-ed at HotAir, Walker touts the plan as a way of protecting workers, while loosening the unions' stranglehold on government:

Scott Walker has fallen dramatically in the polls, undone for now by the Trump phenomenon. Numerous pundits, including me, wonder if he can get back up again. Surveying the Republican field, based solely on current polling, Scott Walker should not even be on Hillary's radar. But he is. And she just lashed out at him more viciously than she has any other candidate. Politico reports:
Making her 2015 debut in Scott Walker’s home state of Wisconsin, Hillary Clinton on Thursday unleashed her harshest and most extended diatribe yet against a Republican rival not named Donald Trump, accusing the governor of being a tool of the billionaire Koch brothers. “It seems to me, just observing him, that Governor Walker thinks because he busts unions, starves universities, guts public education, demeans women, scapegoats teachers, nurses, and firefighters, he is some kind of tough guy on a motorcycle, a real leader,” Clinton said to a packed audience at the University of Wisconsin-Milwaukee. “Well, that is not leadership folks. Leadership means fighting for the people you represent."

A few months ago Gawker staffers successfully formed an employee union. Why? Because they wanted a union. Yes really, that's the only reason. Whether the move spooked other prominent trash click sites or because their own employees were mumbling uniony things is unclear, but both Upworthy and Buzzfeed have discouraged their employees from going the way of Gawker. Last week, Buzzfeed founder and CEO Jonah Peretti reportedly explained in a staff meeting that, "he doesn’t think unionization is “the right idea” for BuzzFeed," writes Buzzfeed. Buzzfeed reports:
“I think unions have had a positive impact on a lot of places, like if you’re working on an assembly line,” Peretti said at a company meeting. In such cases, “if you’re negotiating with management it can make a huge difference, particularly when labor is more replaceable.” In contrast, he said BuzzFeed patterns itself after companies like Google and Facebook, which compete for less replaceable talent by offering better compensation and benefits.

Monday morning, the National Labor Relations Board overturned a ruling that would have allowed football players at Northwestern University to unionize. Citing concerns a union would provide an unfair advantage in the college football arena between unionized schools and the un-unionized, the NLRB's ruling was unanimous.

Yesterday, the Michigan Supreme Court voted 4-3 to make public sector employees subject to the state's 2012 Right to Work law. The holding dealt a huge blow to the labor unions vying to represent the state's almost 40,000 employees. The court's argument turned even the friendly appeals court ruling on its head; while the appeals court ruling said that the existence of the Michigan Civil Service Commotion did not preclude the inclusion of state employees under the right to work laws, the supremes held that the Commission never had the authority to require state employees to pay the union-related agency fees, even before right to work laws existed. More from Michigan Capitol Confidential:
Justices Viviano, Markman, Young and Zahra ruled that while the Civil Service Commission has control of salary, benefits, grievance procedures and employment conditions, it does not have the authority to require involuntary payments to the union. Adopting an argument provided by the Mackinac Center Legal Foundation, the majority held that agency fees were akin to a tax on public employees and that the Michigan Civil Service Commission lacked the power to tax. Justices Bernstein, Kelly and McCormack disagreed with the majority, saying that the Civil Service Commission’s authority includes the ability to force union payments from employees.

On Wednesday, July 22, 2015, I was on a panel at the Annual Meeting of the American Legislative Exchange Council (ALEC).  Keynote speakers at the Annual Meeting include Scott Walker and Ted Cruz. The topic of my panel was Freedom of Thought in Higher Education. The panel chair was Utah State Senator Howard Stephenson, and fellow panelists Dr. Peter Wood, President of the National Association of Scholars, and Robert Shibley, Executive Director of The Foundation for Individual Rights in Education (FIRE). The panel was the best attended workshop of the day, with over 100 attendees, mostly state legislators. [caption id="attachment_135470" align="alignnone" width="600"]William A. Jacobson Cornell ALEC Annual Meeting 2015 [L-R - Robert Shibley, Peter Wood, Howard Stephenson, William Jacobson][/caption]My portion focused on the anti-Israel academic boycott and broader boycott movement (BDS). About one-third of the more than 100 mostly state legislators in attendance had heard of BDS. I covered the history of BDS, which was created at the anti-Semitic 2001 Durban Conference, and how systematic academic boycotts pose systemic risk which is appropriate for narrowly tailored legislation that protects the system without unduly infringing on academic freedom and free speech. I discussed, among other things, my challenge to the tax exempt status of the American Studies Association.

This seems to happen frequently. As we noted in 2013, the IRS and other workers' unions wanted an exemption from Obamacare, despite the fact that they would be trusted with enforcing it and had been avid supporters of it. Now labor leaders in Los Angeles, who pushed for a minimum wage hike, are suggesting that unions should be exempt from that very rule. From the LA Times:
L.A. labor leaders seek minimum wage exemption for firms with union workers Labor leaders, who were among the strongest supporters of the citywide minimum wage increase approved last week by the Los Angeles City Council, are advocating last-minute changes to the law that could create an exemption for companies with unionized workforces. The push to include an exception to the mandated wage increase for companies that let their employees collectively bargain was the latest unexpected detour as the city nears approval of its landmark legislation to raise the minimum wage to $15 an hour by 2020. For much of the past eight months, labor activists have argued against special considerations for business owners, such as restaurateurs, who said they would have trouble complying with the mandated pay increase.

Yesterday Gawker Media's staffers announced their open flirtations with unionization. While union strongholds nationwide are diminishing in favor of greater employee choice and right to work, Gawker is hoping to be the first online publication subject to union demands. Hamilton Nolan explained why he finds unionization appealing because he wanted to get ahead of the gossip. Yes, really. But then what is Gawker if not gossipy?
Every workplace could use a union. A union is the only real mechanism that exists to represent the interests of employees in a company. A union is also the only real mechanism that enables employees to join together to bargain collectively, rather than as a bunch of separate, powerless entities. This is useful in good times (which our company enjoys now), and even more in bad times (which will inevitably come).
Speaking from personal experience, I've never been employed by an entity with unionized employees. But when you live in a great right to work state like Texas, that whole organized labor problem solves itself. Perhaps I've been exceptionally fortunate or maybe it's because I've always understood my roll as an employee is simply to complete the job I was hired to do, but not once in my professional life have I encountered a workplace situation where I thought, "Gee, a hoard of angry people picketing, striking, and demanding the boss capitulate is a GREAT idea! Let's do that!" Nor have I ever felt I needed the assistance of groupies to convey a point. I've never felt 'powerless' because my expectation of work was not to garner power, but to do a job, and then get paid because I did the job I was hired for. I'm also not a pansy. But I digress... back to Nolan's union rationale:

Put another feather in his cap, Scott Walker today signed Right to Work legislation in Wisconsin, becoming the 24th State to do so. The Milwaukee Journal Sentinel reported prior to the signing:
Gov. Scott Walker will sign so-called right-to-work legislation on Monday morning at Badger Meter in Brown Deer after the Assembly passed the measure Friday morning following almost 24 hours of debate. The measure bans labor contracts that would make it mandatory for workers to pay union fees. The legislation zoomed into play this year, pushed by GOP legislators, after Walker brushed aside the issue as a distraction during his re-election campaign last year. Now as a presumed 2016 presidential hopeful, the pending change in law could add polish to Walker's record on business. Twenty-four states have right-to-work laws. Supporters say that workers shouldn't be forced to pay a group if they don't believe in it. They say the change could provide a spark to the Wisconsin economy. Opponents say businesses and unions should be left alone to negotiate labor contracts. They say the law change isn't about worker rights but more about driving down wages and exerting more control over the workplace.
Here are some images from the signing:

Wisconsin Governor Scott Walker has made a name for himself in the fight to roll back union influence. He easily overcame a 2012 recall effort organized by big labor and other progressive interests, and since then has been held up by many conservatives as an example of what Republican leadership should look like. Now considered an emerging contender in the 2016 Republican presidential primary, Walker is taking new steps to court both employers, and workers who support right-to-work policies over forced union membership. Legislators in Wisconsin are planning on fast-tracking a new, controversial bill that would make Wisconsin a right-to-work state. Walker had previously urged the legislature to put the issue on the back burner, saying that the revived controversy would conflict with his larger agenda, but after a series of meetings with lawmakers, has agreed to sign on to the effort. That promise has not come without controversy. More from the AP:
"I think we can do this next week without it getting really ugly," said Republican Senate Majority Leader Scott Fitzgerald on WTMJ radio in Milwaukee. "We'll see next week whether the Capitol blows up. I don't know." Right to work is a "false promise for Wisconsin," said Phil Neuenfeldt, president of the Wisconsin AFL-CIO, in a prepared statement. "Right to Work will not create jobs and will lower wages for all workers," Dan Bukiewicz, president of the Milwaukee Building-Construction Trades Council, which represents union construction workers in the Milwaukee area, called right-to-work "an unneeded distraction." "It's very disappointing they're going to fast-track it. Usually when things are done fast they're done incorrectly," he said. "I haven't heard anybody come out from a business standpoint saying this is what they want. The residual results of this will hurt the citizens of Wisconsin." Proponents of right-to-work argue it will make Wisconsin more competitive and that workers should have the freedom to decide whether to pay and join a union, rather than having dues automatically withdrawn.

The NLRB has spent the past year doing their best to make it easier for union organizers to force workers into union membership. Their McDonald's ruling brought us closer to mass unionization, and a new rule that was just passed seeks to speed up the union elections process: From Politico:
The rule will require businesses to postpone virtually all litigation over eligibility issues until after workers vote on whether to join the union, thereby depriving management of a stall tactic that unions widely claim benefits the employer. In effect, regional NLRB directors will be given broad discretion to rule such litigation unnecessary until an election takes place. ... The regulation will eliminate a previously-required 25-day period between the time an election is ordered and the election itself, and it will require employers to furnish union organizers with all available personal email addresses and phone numbers of workers eligible to vote in a union election. An NLRB decision handed down yesterday essentially prohibited employers from denying union organizers access to company email. The rule will also, for the first time, allow for the electronic filing and transmission of union election petitions.
You can call it a stall tactic, but it's certainly a valid one, considering the demands union organizers make not only on employers, but on the personal privacy of employees. Now, employees won't even have a choice when it comes to participating in the conversation. Obviously, businesses and unions are at odds with each other over whether or not this new rule will help workers, or make it impossible for them to make an informed choice about unionization:

We have seen this picture before in the Wisconsin's union-induced long strange trip during the 2012 Recall Election:
Police insurrections.  Palace guardsCatch a Senator contests.  Doctors behaving badly.  Massive national solidarity protests which weren'tIdentity theft as political theater.  Shark jumping.  Legislators who run away to other states.  Bus bang bangs.  Protesters locking their heads to metal railings and pretending to walk like EgyptiansBeer attacksCanoe flotillas.  (alleged) Judicial chokeholds.  Tears falling on Che Guevara t-shirts at midnight.  Endless recalls.  And recounts.  Communications Directors making threats.   Judges who think they are legislators  (well, I'll grant you that one is common).  V-K DayHole-y warriors.  Cities named Speculation and Conjecture.  And the funniest blog headline so far:
First They Came For The Right To Retire After 30 Years On Full Salary With COLAs
The collective bargaining law that precipitated the insanity recently was upheld in its entirely by the Wisconsin Supreme Court. Now the unions are doubling (or is it tripling, at this point?) down on the get Walker meme, via WaPo:

On Thursday, fast food and home healthcare workers across the country walked away from their jobs and joined the "Fight for $15," an SEIU-backed movement demanding a $15 minimum wage and unabridged union rights for fast food workers. In the past, organizers and participants have largely avoided trouble with law enforcement. This time, however, protesters came armed with a mandate from on high to engage in civil disobedience to the point of arrest. In Detroit, a crowd of about 200 protesters locked arms across the street fronting a local McDonald's, causing a traffic backup and a shortage of officers available for school patrol:
“The protesters who were sitting on Mack Avenue and refusing to move had a bit of a negotiating session between the police department and the organizers — that didn’t go anywhere,” Szumanski said. “So, police have now swooped in and what they have done is arrested at least 20, maybe 30 people. They’re leading them away in handcuffs to the back of the squad cars.”

The Supreme Court just handed down its decision in Harris v. Quinn, where the issues were (via ScotusBlog):
(1) Whether a state may, consistent with the First and Fourteenth Amendments to the United States Constitution, compel personal care providers to accept and financially support a private organization as their exclusive representative to petition the state for greater reimbursements from its Medicaid programs; and (2) whether the lower court erred in holding that the claims of providers in the Home Based Support Services Program are not ripe for judicial review.
The ruling was 5-4, with the majority authored by Justice Alito, as tweeted by ScotusBlog: TPM elaborated on the fear from the left, Unions Fear This SCOTUS Case Could Bring Their 'Final Destruction' From the Majority Opinion:
This case presents the question whether the First Amendment permits a State to compel personal care providers to subsidize speech on matters of public concern by a union that they do not wish to join or support. We hold that it does not, and we therefore reverse the judg­ment of the Court of Appeals.

Well this is an interesting development, Calif. court rules teacher tenure creates unequal conditions:
A Los Angeles Superior Court judge ruled Tuesday that tenure, seniority and other job protections for teachers have created unequal conditions in public schools and deprive poor children of the best teachers. In a case that could have national implications for the future of teacher tenure, Judge Rolf Treu sided with a Silicon Valley mogul against some of the most powerful labor unions in the country. In a 16-page ruling, in the case of Vergara v. California, Treu struck down three state laws as unconstitutional. The laws grant tenure to teachers after two years, require layoffs by seniority, and call for a complex and lengthy process before a teacher can be fired. David F. Welch, founder of an optical telecommunications manufacturing firm, charged that job protections allow the state’s worst educators to continue teaching and that those ineffective teachers are concentrated in high-poverty, minority schools, amounting to a civil rights violation.
The full decision is embedded below. The court stayed its injunction pending appeal, so no changes will take place immediately. The sound of the teachers' union screaming and crying is ringing in my ears and I can't focus:

Remember when Michigan union members collapsed a tent on attendees at an Americans for Prosperity event supporting changes to Michigan union rules? We do, Most chilling Michigan video — “There are people under there, oh my God”:
As the union members attacked the Americans For Prosperity tent, a woman cried out “there are people under there, oh my God” (at 1:20). At 1:40, as union members start walking on top of the collapsed tent, a man shouted “hey, there are people in there” but again the crowd didn’t stop, and the union members continued walking on the collapsed tent defiantly as the crowd shouted obscenities and cheered. At 1:57 the woman cried out again “there’s people in there,” but to no avail. You can then see various people probing at large lumps under the tent, presumably checking if anyone was trapped. Yet the crowd continued with its profane taunts, as others lifted the edges of the tent and looked underneath, again presumably to see if anyone was trapped. Someone shouts “go home you bunch of parasites” as the crowd chanted “Go Home.” At 3:30 someone asks, “does someone want to help me lift this? I wonder if there are any people in there.” Then another person said, “there was, there was a bunch of women and older people.” Then another person yelled, “fuck these people.” Another yelled, “they want a war, they got it.”
(language warning) Now the proverbial tent has collapsed on one aspect of Michigan unions, the previously compelled unionization of home care workers. As The Wall Street Journal reports, when the law was changed to free up home care workers to choose, they overwhelmingly rejected unionization, Michigan Union Collapse:

Recent fundraising figures show the RNC faring better than its DNC counterpart in just about all areas. Notably, the RNC has no debt and nearly $10 Million in cash on hand. The same, however, cannot be said for the DNC, thanks in part to some clever money shuffling among kindred spirits. In the final two months of the 2012 election cycle, the DNC was strapped for cash, and opted to take out two low interest loans totaling $15 Million. The loans were provided by Amalgamated Bank, which uses the tagline, “America’s Labor Bank” and promises to continue “the progressive traditions of its founders as the only majority owned union bank in the United States." [Emphasis Added] Established in 1923, Amalgamated Bank nearly went under following the 2009 housing crisis, but was bailed out by a $100 Million investment from two billionaires (irony?). The two billionaires together received 40% ownership in the bank following their timely contributions. That stake, however, wasn’t enough to unseat the majority owner, Workers United. Workers United is affiliated with the Service Employees International Union (SEIU), the well known 2 million member labor union. As membership has declined of late, unions are increasingly looking to find other ways to exercise prominent influence over the political process, apart from traditional contributions. The SEIU and Workers United may have found such a way through low interest loans from their financial institution, Amalgamated Bank. To date, the DNC has yet to pay back even half of the short-term loan, which is due in full by the end of June this year, according to the Federal Election Commission. Of course, loans aren’t the only way unions keep the DNC afloat.
The DNC’s special relationship with the SEIU goes beyond the loans. The union is also one of the largest financial backers of the Democratic Party. The SEIU has given at least $200 million to Democratic candidates and committees since 1990. The SEIU spent over $30 million on elections in the 2012 election alone, spending about $16 million to attack Republican candidates and about $18 million to express advocacy for Democrats, according to the Center for Responsive Politics.
So, not only do a large contingent of Democrats owe their political careers to unions, their national committee also owes them more cash than they actually have on hand. And let's not forget the President's words, "[the SEIU's] agenda has been my agenda..."