This week the American Spectator features an article by LRI Vice-president Russ Brown that challenges the Obama Administration’s use of a regulatory agency to rewrite the Railway Labor Act in favor of unions. Brown, also an analyst for the Competitive Enterprise Institute, makes a compelling argument for returning to the RLA standard, including the fact the the Mediation Board changed the rules for union representation votes while conveniently maintaining the more stringent standard for decertifying a union in the transportion industry.
Last year the National Mediation Board ruled that a minority of employees can impose their will for unionization on a majority of their coworkers overturning the 75 year precedent set by the RLA. The FAA Reauthorization and Reform Act moving through the House this week would restore the RLA voting precedent under which a majority
Continue reading Unionization by Regulation by Russ Brown
The AFL-CIO has issued more puffed propaganda on the FAA Reauthorization and Reform Act up for a House vote this week. The bill would repeal last year’s NMB ruling that rewrote the rules for union elections in the airline industry.
The AFL-CIO applies its de rigueur wafer thin logic in comparing apples to apricots, pointing out that no current member of Congress would have been elected using the RLA standard. Nevermind that when 25% of eligible voters send Rep. Apricot to Congress the rest of us in his district aren’t forced to pay him hundreds of dollars a year in campaign contributions just to
Continue reading Union Logic Fails on FAA Reform Act
The Hyatt Regency Indianapolis has taken the unusual step of petitioning for an NLRB union election to end years of harassment by UNITEHERE. (Read the full story here) Hyatt management says their 140 employees are fed up with phone calls, picket lines and, worst of all, harassing home visits from union organizers. Employees want an election to prove the majority are not interested in union representation. They are also concerned with how the UNITEHERE boycott and claims of “labor unrest” continue to impact hotel business and ultimately their jobs. Hyatt also went on the offensive against UNITEHERE in California, requesting two NLRB elections under similar circumstances.
Cutting edge insights into the RLA as it effects transportation workers in today’s economy, co-written by LRI vice-president Russ Brown. Read the full transcript here.
With Congress having rejected changing the law to favor unionization, the Obama administration is now pursuing unionization through regulation, which will benefit no one other than the administration’s union allies. Circumventing the people’s elected representatives is unacceptable. Congress needs to hold National Mediation Board accountable for any attempt to do so. In addition, Congress should reform the Railway Labor Act to make the election process more responsive to workers.
The choice of whether to join a union or not should belong to the workers, not union organizers or government bureaucrats.
Labor Relations INK
In this issue:
Union Bailout Update New, Useful Websites Say Goodbye To More NJ Teamsters Scoreboard, Social Media Spotlight, Only In A Union and more…
Union Bailout Update
The fur is beginning to fly as new administrations, both in D.C. and in many of the states, begin to tie union issues to budget problems, and work to unravel the choke hold that Big Labor has had on legislative and regulatory processes the last few years. The NLRB backed down when 4 state Attorneys General rebuffed the NLRB General Counsel’s threat to sue. In a letter back to the Attorneys General, the acting GC said, “As you have unanimously
Continue reading INK: February 25, 2011
Wal-Mart employees in Weyburn, Saskatchewan filed for decertification from the United. After five years of legal wrangling, the UFCW won the right to represent some of the employees via the card check process, but after two years of collective bargaining and no contract, the employees have had enough. The law has changed since the original union victory and now allows for a secret ballot election. The employees wish to decertify the UFCW, and then hold such an election to determine whether they will be represented or not.
Labor Relations INK
In this issue:
EFCA Update Social Media Savvy Campus Heat Scoreboard, ULP Charge of the Month, Sticky Fingers and more…
EFCA Update The Administration is using another federal agency to bring pressure on health care organizations. The goal is to subject these heavily regulated organizations to further legal scrutiny, which can in turn be used by Big Labor in organizing and/or corporate campaigns. The Office of Federal Contract Compliance Programs (OFCCP) is trying to use hospitals’ status as a TRICARE network provider (TRICARE is the Defense Department’s healthcare program for uniformed service members and their families) to qualify them as “subcontractors” who would fall under the OFCCP jurisdiction.
Continue reading INK: November 18, 2010
The first of three winner take all union elections with Delta Airlines has come to a close, with the Airline victorious over the Association of Flight Attendants (52% to 48%). There were roughly 20,100 attendants who voted in one of the largest private industry union elections in the nation’s history. Baggage and cargo handlers will be wrapping up their elections within the next two weeks to determine the airline’s future path.
The SEIU has for several years declared themselves as the fastest growing union in the United States with over 1.9 million members. This may be about to change if the employees in California’s Kaiser Permanente health care chain have. About 45,000 members are hoping to vote with their feet by getting rid of SEIU in favor of NUHW. Employees of anything to do with it Kaiser and the SEIU have not had a honeymoon relationship since the union took over. One union member summed it up about the SEIU’s lies by saying, “when SEIU took over our local, they said nothing would change. But one of the first things they did was remove stewards and other elected leaders.” This will be a huge blow to the SEIU. The bigger question is whether this mass exodus from SEIU members in California will spill across the rest of the country.
Union free elections are lost for many reasons. As we discussed in Part 3, one reason companies lose elections is because they break the Labor Board rules. That’s why our number one rule for consultants and clients is don’t cheat. We have never committed an unfair labor practice in thousands of elections because we follow these rules.
Here are some bonus tips on how to avoid these problems (by the way, the easy way to remember the rules is to remember the word TIPS). These slip-ups often lead to unfair labor practices and overturn elections.
Threats: A common error is threatening employees. Any threat that a bad thing will happen if an employee votes for the union is unlawful. It’s also a bad campaign strategy. A manager who threatens an employee is making a terrible assumption. He assumes that the threatened employee will do what he wants. This
Continue reading Union Free: How to Lose A Union Election – Bonus TIPS