APCA News

CDW Letter on NLRB Ambush Rule

2011-12-21T19:28:00.000-08:00

CDW Members:

Today, the NLRB released its final "ambush elections" rule, which will be published in tomorrow's federal register. The advanced copy is available here. Last night, the Board posted information about the rule on its website, you may view that here.

CDW has already filed suit along with the US Chamber of Commerce, our joint complaint is posted here and the CDW statement here.

Happy Holidays - Geoff

CDW Letter on Potential NLRB Recess Appointments

2011-12-20T09:23:00.000-08:00

CDW Members:

CDW just issued a statement on yesterday's letter from all 47 Republican Senators asking that the President not attempt to recess appoint his recent nominees, Sharon Block and Richard Griffin, to the NLRB. You can find our statement here and more on the letter from the Republican Senators here

There has been speculation the last few weeks about the President attempting to recess Consumer Financial Protection Bureau nominee, Richard Cordray and potentially some NLRB nominees. Without new appointments, the Board will no longer be able to perform certain functions when Member Becker's recess appointment expires at the end of this Senate Session, and the Board drops down to 2 members, which is less than a quorum of the full 5 member Board.

The President's nomination of Block and Griffin last week increased speculation. The announcement of the nominations is available here. A recent article on the issue in the Hill is available here.

On a different note, there was a hearing yesterday in our lawsuit in DC Federal District Court challenging the NLRB's posting requirement. The judge suggested the NLRB extend the effective date of the rule further to allow her to draft the opinion and permit possible appeals. We will keep you posted on whether the NLRB does so and any other developments in the suit.

Lastly, while we would all prefer a quiet break, we expect the NLRB will be issuing the Ambush Rule sometime shortly and may also issue several troubling decisions. We will keep you posted.

Enjoy your holidays.

Geoff Burr

Democracy Bill Passes, NLRB Ambushes

2011-12-01T23:55:00.001-08:00

CDW Members:

Yesterday, the House voted 235 to 188 in favor of H.R. 3094, the Workforce Democracy and Fairness Act. Details on the vote on the bill and the various amendments are set forth below. CDW's final letter is available here; 243 organizations signed on. Our statement about the vote is available here. We will be working to ensure the bill receives some attention in the Senate.

In addition, yesterday the NLRB held a hearing where they voted 2 to 1 in favor of a resolution offered by Chairman Mark Pearce to streamline the ambush election proposed rule. Member Craig Becker and Chairman Pearce voted in favor of the proposal, while Member Brian Hayes dissented, criticizing the substance of the proposal as well as the Board's failure to follow procedural rules. The Board will now move forward with drafting a final rule based on the Chairman's resolution.

Based on the resolution, we expect the final rule in the next few weeks. The rule will not contain some of the more widely discussed aspects of the proposed rule, such as the 7 day period for a hearing and the requirement employers release employee phone numbers and email addresses. The final rule, nonetheless, is still expected to significantly truncate the time period for elections and deprive employers of many due process rights. In short, the streamlined rule would radically change election procedures in an effort to promote rapid, increased unionization at the expense of employees and employers. Littler has a post with more details here. You can view CDW's comments on the original proposed rule here. We will be watching closely and will keep you posted. The Board's information about the hearing, including a video archive that will be posted later today, is available here.

Geoffrey Burr
Vice President, Federal Affairs
Associated Builders & Contractors, Inc.
4250 N. Fairfax Drive, 9th Floor
Arlington, VA 22203

LEGISLATIVE DETAIL FOR H.R. 3094

Motion to Rise with Recommendation that Enacting Clause be Stricken – FAILED 176-241; Roll Call 863

Republican YEA – 0; NAY – 233

Democrat YEA – 176; NAY – 8

Bishop (D-NY): Amendment No. 1—Requires that the attorney or filing party meet certain standards before filing and would give the Board authority to impose sanctions on a party for presenting a frivolous or vexatious filing during pre-election proceedings. – FAILED 187-228; Roll Call 864

Republican YEA – 6; NAY – 226

Democrat YEA – 181; NAY – 2

Boswell (D-IA): Amendment No. 2—Prohibits employers that have paid any executive compensation bonuses in excess of 10,000 percent of the annual compensation of the average employee from raising relevant and material issues during a pre-election hearing – FAILED 181-239; Roll Call 865

Republican YEA – 3; NAY – 230

Democrat YEA – 178; NAY – 9

Walz (D-MN): Amendment No. 3—Prevents this Act from applying to employers that have been found liable for any labor law violation against a veteran of the Armed Forces during the 1-year period preceding the filing of a petition from raising relevant and material issues during a pre-election hearing – FAILED 200-221; Roll Call 866

Republican YEA – 14; NAY – 220

Democrat YEA – 186; NAY – 1

Jackson Lee (D-TX): Amendment No. 4—Strikes the section of the bill that would ensure employees have adequate time to educate themselves about unionization – FAILED 188-236;Roll Call 867

Republican YEA – 7; NAY – 229

Democrat YEA – 181; NAY – 7

Democrat Motion to Recommit – FAILED 185-239; Roll Call 868

Republican YEA – 1; NAY – 235

Democrat YEA – 184; NAY – 4

Republican voting YEA: Jones

Democrats voting NAY: Boren, Cooper, Cuellar, Matheson

Final Passage of H.R. 3094 — "To amend the National Labor Relations Act with respect to representation hearings and the timing of elections of labor organizations under that Act." –PASSED 235-188; Roll Call 869

Republican YEA – 229; NAY – 8

Democrat YEA – 6; NAY – 180

Republicans voting NAY: Grimm, Johnson (IL), King (NY), LaTourette, LoBiondo, Runyan, Smith (NJ), Young (AK)

Democrats voting YEA: Barrow, Boren, Cooper, Cuellar, Matheson, McIntyre

WSJ Article: The NLRB Putsch

2011-11-26T06:33:00.000-08:00

The NLRB Putsch

The Labor Agency Tries To Ram Through Quickie Elections

The descent of the National Labor Relations Board from independent referee to a wholly owned AFL-CIO subsidiary is speeding up. Now its two Democratic appointees are attempting to ram through a new rule requiring quickie organizing elections, with barely any notice and little consultation with its sole GOP member.

Click HERE to read the entire article.

CDW Letters

2011-10-19T17:50:00.000-07:00

CDW Members:

Below are links to the final letters that were sent to the Hill last week.

The first letter is to Education and Workforce Committee Chairman Kline and Ranking Member Miller in support of the Workforce Democracy and Fairness Act. The bill directly addresses the NLRB ambush election rulemaking and the decision in Specialty Healthcare, which opens the door to “micro-unions.” Hopefully, many of you were able to make it to the hearing last week.

The second letter is to Chairs and Ranking Members of House Appropriations Committee and LHHS Subcommittee in support of the riders in the draft fiscal year 2012 Labor, Health and Human Services (LHHS) funding bill addressing:

- NLRB proposed rule on Ambush elections;

- Specialty Healthcare case - Micro-unions;

- The NLRB notice posting rule;

- Lamons Gasket/ Dana cases - Secret Ballot Elections; and

- DOL’s Persuader Proposed rule.

Click here to read LETTER 1

Click here to read LETTER 2

WSJ: The Labor Board Wants You!!

2011-09-02T09:23:00.000-07:00

The Labor Board Wants You

The NLRB will now require union posters.

Nothing like the end of a week in August with a hurricane on the way to bury another political favor for unions. When not telling U.S. companies where they are allowed to locate their operations, the National Labor Relations Board will now require them to display pro-organizing propaganda.

The new rule issued last Tuesday requires...

Click HERE to read the entire article.

Article from INVESTORS.com

2011-08-23T08:46:00.000-07:00

The War on The Secret Ballot

by Clint Bolick

The Obama administration has fired its opening salvo against a cornerstone of democracy: the right to a secret ballot.

Last fall, voters in four states voted overwhelmingly to ammend their constitutions to protect the right of workers to vote by secret ballot in deciding whether or not to form unions. That right has been enshrined in federal law for 75 years but is threatened by...

To read the entire article, click here.

WSJ Article

2011-07-20T07:23:00.000-07:00

Project Labor Revolt

The states ban union political bid-rigging. Obama demurs.

One benefit of the squeeze on state and local budgets is that politicians are finally having to confront their sweetheart deals with labor unions. The latest reform movement is moving against project labor agreements, pr PLAs, that limit bids on construction projects to contractors that agree to union representation....

Click here to read more

Letter to CDW Members

2011-07-15T07:20:00.000-07:00

CDW Members:

I wanted to let you know that CDW will be represented at NLRB hearing next Monday and Tuesday on the proposed "ambush elections" rule by Chuck Cohen of Morgan Lewis. Chuck will be speaking on Monday afternoon. The full list of speakers is availablehere and a webcast will be available here.

While the hearing is next week, comments on the NLRB rule as well as DOL's gag rule are not due until August 22. CDW will be launching a grassroots website in the next few weeks, which will provide sample comments and help you and your members with filing those comments.

Lastly, we placed an op-ed in today's Washington Times on these issues. You can view that here.

Thanks,

Geoff

Labor Board To Speed Up Union Elections

2011-06-23T18:43:00.000-07:00

Courtesy of Wall Street Journal

Plan To Ease Way for Unions

The National Labor Relations Board Tuesday proposed the most sweeping changes to the federal rules governing union organizing elections since 1947, giving a boost to unions that have long called for the agency to give employers less time to fight representation votes.

The NLRB's proposals would likely compress the time between a formal call for a vote by workers on whether to join a union, and the election itself. It is the latest in a series of actions by the board and other agencies controlled by Obama administration appointees that respond to labor leaders' calls for more union friendly federal labor policies....

Click here to read the entire article.

CDW Letter to US Reps on Job Protection Act.

2011-06-22T07:25:00.000-07:00

While their previous letter (posted here on 5/30) was addressed to U.S. Senators, now the CDW has targeted the House of Representatives. The letter regarding the Job Protection Act is the same letter sent to The Senate late last month, with only changes reflecting the different branch of government. The complete letter to The House can be found by clicking here.

CDW on Job Protection Act

2011-05-30T03:19:00.000-07:00

Click here to read the entire letter in support of the Job Protection Act.

CDW STATEMENT ON NLRB’S LETTER OF INTENTION TO SUE ARIZONA AND SOUTH DAKOTA

2011-05-11T17:42:00.000-07:00

WASHINGTON, DC // APRIL 26, 2011 // The Coalition for a Democratic Workplace (CDW) today issued the following statement in response to the release of the National Labor Relations Board’s (NLRB) letter declaring the agency’s intent to immediately sue Arizona and South Dakota over state constitutional provisions requiring secret ballots when employees decide whether or not to join a union. The two states, along with Utah and South Carolina, enacted the constitutional provisions as part of ballot measures last fall. In the letter, the Board states it is only moving forward with suits against Arizona and South Dakota at this time.

“It is astonishing that the Board has once again decided to promote card check – a key component of the widely unpopular and job-killing Employee Free Choice Act,” said Geoffrey Burr, chair of CDW. “This latest move against the voters and workers of Arizona and South Dakota is simply another example of the Board placing the interests of union bosses above those of employees, businesses and the American public.”

“If the government is going to pursue a policy of challenging laws based on federal preemption, it should do so consistently, not just when it promotes Big Labor’s agenda.”

“Unfortunately, it appears that the NLRB’s latest attack is only the tip of the iceberg,” Burr concluded, “as the Board has also threatened to sue both South Carolina and Utah. The NLRB attempt to rob workers of a right to secret ballots by overturning initiatives the voters of South Dakota and Arizona passed by secret ballot elections is sad and ironic.”

CDW Message

2011-05-11T17:36:00.000-07:00

CDW Members and Stakeholders,

On Friday, CDW issued a statement in response to the National Labor Relations Board’s (NLRB) recent complaint against Boeing seeking to require that the company assemble certain aircraft in its unionized Washington State production plant rather than its non-union South Carolina plant. There has been a significant amount of press coverage on the issue, including editorials expressing outrage at the Board’s actions from the Seattle Times, the Chicago Tribune, and the Wall Street Journal. We will continue to follow the situation and keep you posted.

Also, late last week, CDW filed a motion in the NLRB case Mental Health Associates and SEIU Local 509. In the motion, we asked the Board (1) permission to file a brief (2) to allow us to May 31st to submit the brief and (3) to issue a general invitation to all interested parties to file briefs. If the Board grants the motion, we will be emailing you all a copy of the draft brief and offering you the opportunity to sign on.

The SEIU International already filed an amicus brief in the case without an invitation from the Board. SEIU International argues in its brief that the Board should reverse its long standing presumption that the work site is the best setting for a representation election - and instead institute a presumption that the election occur at a neutral site.

The work site is generally preferred as the election location as it increases voter participation and minimize workplace disruption and intimidation against employees, particularly those who refused to sign cards.

We will let you know how the Board response to our motion.

Please do not hesitate to contact me or Josh Ulman, josh@ulmanpolicy.com, with any questions.

Geoff

News and Links from CDW

2011-02-04T16:10:00.000-08:00

CDW Members:

Below please find clips relating to President Obama’s recent re-nomination of Craig Becker to the NLRB and other items of interest.

CDW:

Becker Links:

NLRB

Obama uses normally-neutral board to pay back unions

The Daily Caller / Matthew Boyle

Jan 22, 2011

President Barack Obama’s administration continues its private sector unionization efforts, this time with the historically “politically neutral” National Labor Relations Board (NLRB). A newly proposed rule from the NLRB would require private sector companies to post employees’ rights under the National Labor Relations Act, the legislation that gives employees the “right” to unionize, in their workplaces.

Secret Ballot Protection Act

2011-02-04T16:07:00.000-08:00

Today, U.S. Senator Jim DeMint (R-South Carolina) introduced the Secret Ballot Protection Act (SBPA), legislation that will guarantee the right of every American worker to have a secret ballot election on whether to unionize. The bill would guarantee workers the opportunity to cast a secret ballot before a union can be organized. Read More

New Spanish ToolBox Talks

2011-01-13T10:39:00.000-08:00

Two new Spanish versions of the ToolBox Talks were added today. The OSHA approved documents covering PPE and Respiratory Protection are now available in the Safety Zone section of the APCA website by clicking here.

CDW Update

2010-12-22T14:53:00.000-08:00

CDW Members:

The National Labor Relations Board and Department of Labor have been busy this week on several initiatives designed to promote the EFCA Agenda, and we wanted to update you on these important developments as well as some changes at CDW.

· NLRB Issues Proposed Rule on Posting Requirement On December 20, the NLRB released a Notice of Proposed Rulemaking (NPRM), which would require employers subject to the National Labor Relations Act (NLRA) to post a notice in the workplace informing employees of their rights under the NLRA.

Under the NPRM, employers would face various sanctions for failing to post the notice, including (1) being charged with unfair labor practice; (2) having the time limits for filing of other unfair labor practice charges against the employer extended; and (3) having the Board consider the failure to post the notice as evidence of unlawful motive in other unfair labor practice cases. The NPRM and the NLRB's fact sheet are available on the Board’s website and will be published in the December 21 Federal Register. President Obama issued an Executive Order in 2009 that required government contractors display such a poster. NLRB will use the same language as in the DOL poster, a copy of which is available here.

Board Member Brian Hayes (R) filed a dissent to the rulemaking, asserting “the Board lacks the statutory authority to promulgate or enforce,” the NPRM. The Board will take comments on the NPRM for 60 days.

· NLRB Announces Increased Enforcement Initiative On December 20, the NLRB Acting General Counsel issued a memorandum announcing a new enforcement policy against employers accused of unlawful conduct during union organizing campaigns.

The memorandum instructs regional NLRB attorneys to seek the following remedies in those situations: (1) that a management official from the company read or be present when Board official reads a notice announcing that the company violated the employees right to organize and the will not do so again in the future; and (2) grant the union access to the company bulletin board or electronic equivalent, including email or intranet, and a list of employee names and address to facilitate union communication with employees.

The memo also states that in cases where the regional attorneys find the employers' conduct had a particularly severe impact, the regional attorney may look to pursue additional remedies, including: "granting a union access to non-work areas during employees’ non-work time; giving a union notice of, and equal time and facilities for the union to respond to, any address made by the company regarding the issue of representation; and affording the union the right to deliver a speech to employees at an appropriate time prior to any Board election."

The new policy would expand the use of what have been traditionally extraordinary or exceptional remedies and, in some cases, introduces new remedies by stretching existing precedent. This builds upon the Acting General Counsel's September 30 Memorandum announcing the Board would be pursuing more injunctions in cases where it believes the employer violated the law during an organizing campaign. CDW will be monitoring the NLRB’s new policy and keep members apprised of further developments.

· CDW Sign on Brief in Roundy’s Next week, we will be circulating a draft and asking for groups to sign on to CDW’s brief in Roundy’s Inc. and Milwaukee Building and Construction Trade Council. At issue in the case is the extent to which an employer may deny non-employee union organizers access to the workplace, where the employer has allowed access to other non-employee individuals or groups, such as the United Way. It appears the Board may be looking at both physical access and electronic access via email, intranets, etc.

As you may remember, several of the "EFCA-lite" proposals, such as the one offered by soon-to-be-former Representative Sestak, would have provided unions with greater access to employer work sites. CDW argued against these proposals, rightfully claiming they would have violated employer property rights and allowed the non-employees to disrupt the workplace.

· DOL Releases its Semi-Annual Regulatory Agenda On December 20, DOL released its semi-annual regulatory Agenda, which provides some indication as to when DOL plans to publish proposed and final rules.

While many of the proposals are concerning, one particularly troubling to CDW members may be the Office of Labor-Management Standards plans to issue a proposed rule in June 2011 revising reporting requirements for costs related to employer communications to employees during organizing drives. Under current law, employers and consultants are not required to report activities classified as advice. DOL has said it intends to narrow the advice exemption.

A Change in CDW Leadership Lastly, I wanted to let you know that my tenure at the helm of CDW is coming to an end. On January 3, I’ll begin my new job as coalitions director for Kevin McCarthy, the House Republican Whip.

Geoff Burr, Vice President of Federal Affairs at Associated Builders and Contractors has stepped up and graciously offered to lead CDW; therefore, I am handing the keys over to Geoff so that the coalition can continue its important work in leading the employer community’s fight against the EFCA agenda.

Geoff is cc’d on this email, and all future CDW-related business should be taken up with him.

On a personal note, I’d like to thank everyone for their strong support of CDW, and activism in the fight to defeat EFCA. It has been a great opportunity to be part of such a successful coalition effort, and I hope I have the chance to work with you in the future.

Thanks,
Brian Worth

News Highlights

2010-11-13T20:21:00.000-08:00

November 11, 2010 News Highlights

Top News:

WSJ: Labor Board's Recent Decisions Tilt in Favor of Unions

Nov 11, 2010

Unions are increasingly looking to the National Labor Relations Board to seek favorable workplace rulings, and the agency is showing a willingness to reopen matters previously decided in favor of employers.

Union leaders pushed earlier this year to get two new Democratic members on the labor-relations board, saying they needed to level the playing field with employers after years of decisions by the Republican-controlled board that unions said hampered their efforts to organize workers.

http://online.wsj.com/article/SB10001424052748704804504575606872095817474.html

CDW in the News:

Legislators, take note: Voters cross-check card check

By Brian Worth

Nov 10, 2010

The card check fight was also emblematic of larger concerns. According to a Coalition for a Democratic Workplace national poll conducted by WomanTrend and surveying those casting ballots on election day, Americans want big government and big labor to stop blocking job creation.

http://thehill.com/blogs/congress-blog/labor/128605-legislators-take-note-voters-cross-check-card-check

News of Note:

Union Card Checkmate

Wall Street Journal

Nov 9, 2010

Four states—Arizona, South Carolina, South Dakota and Utah—voted on "save our secret ballot" measures that would require secret elections and effectively outlaw card check as a means to certify a union. In Arizona and Utah the measures passed with 60% of the vote. In South Dakota the margin of victory was 79% and in South Carolina it was 86%.

http://online.wsj.com/article/SB10001424052748704353504575596790376536822.html

Card check, RIP

Las Vegas Review-Journal

Nov 5, 2010

The GOP takeover of the House -- not to mention the national repudiation of the Obama agenda undergirding Tuesday's election results -- means that "card check" is dead for now in Congress.

http://www.lvrj.com/opinion/card-check--rip-106751328.html

NLRB News:

The Fine Line Between Student and Employee

The Cornell Daily Sun

Nov 11, 2010

Last week's decision by the National Labor Relations Board to reconsider its position on allowing graduate student unionization awakened parties on both sides of an old debate: Should graduate students be considered employees, students or some gray area in between the two? Obviously, there is no easy answer, but the NLRB’s ruling will have a dramatic impact on every university.

http://www.cornellsun.com/section/opinion/content/2010/11/11/fine-line-between-student-and-employee

NYT: Company Accused of Firing Over Facebook Post

By STEVEN GREENHOUSE

Nov 8, 2010

In what labor officials and lawyers view as a ground-breaking case involving workers and social media, the National Labor Relations Board has accused a company of illegally firing an employee after she criticized her supervisor on her Facebook page.

http://www.nytimes.com/2010/11/09/business/09facebook.html

George Will: 2010 a banner year for conservatives

Nov 11, 2010

Unionized public employees outnumber unionized private-sector workers, so unions desperately desire "card check" legislation. It would make it easier to herd private-sector workers into unions by abolishing the right to secret ballots in unionization votes. The 2010 elections made "card check" as dead as government subsidies for broadcast journalism may soon be.

http://www.washingtonpost.com/wp-dyn/content/article/2010/11/10/AR2010111005499.html

Card Checkmate - WSJ Article

2010-10-24T14:36:00.000-07:00

Card Checkmate

Voters in four states head to the polls to preserve honest union elections.

Big Labor's dream to end secret ballots in union organizing elections has faded in the 111th Congress, but now the battle turns to the states. Citizens in Arizona, South Carolina, South Dakota and Utah will vote on November 2 on ballot initiatives to block union "card check" elections in their states. Click here to read the entire article.

WSJ Article: Back Door Card Check

2010-09-15T07:28:00.001-07:00

Back Door Card Check

Big Labor's man at the NLRB tries to rewrite labor law by fiat.

As Big Labor has realized it won't get "card check" legislation through Congress, it is turning to its secret weapon inside the Obama Administration—labor lawyer Craig Becker. And as many Senators feared when he was nominated, Mr. Becker is using his position on the National Labor Relations Board to bypass the will of Congress.... Read the entire article by clicking here.

Good News, Bad News

2010-09-14T07:25:00.000-07:00

CDW Members:

As Congress returns for a brief legislative session, President Barack Obama gave us some good news and some bad news.

First, he stated, regarding EFCA, "The opportunity to get this passed right now is not real high."

While that may be good (if not obvious) news to hear from the president, he followed that up by noting that the principles of card-check organizing could be achieved without passing legislation. According to The Hill, “the president also pivoted to note that many of the problems in organizing rules that EFCA sought to address might be fixed through administrative action.”

You can read the entire story here.

As noted in our last CDW Update, the National Labor Relations Board (NLRB) has already begun its move to circumvent the legislative process and force the principles of EFCA on employees and employers via federal regulation. To read more about the Board’s recent rulings, click here.

CDW will continue to monitor the actions of the NLRB and other federal agencies, and keep you informed about any efforts to use the regulatory process to enact Big Labor’s EFCA-focused agenda.

Thanks,

Brian

Key NLRB Decisions Threaten Employee Rights

2010-09-05T07:20:00.000-07:00

CDW Members:

With card-check legislation on its death bed, we have talked about the likelihood that Big Labor would turn towards the federal regulatory process in order to achieve the objectives they hoped to gain through the Employee Free Choice Act.

As we feared when President Obama placed former SEIU lawyer Craig Becker on the NLRB via recess appointment, EFCA supporters are trying to jam their agenda through the Board. This week, Becker and the Obama Board announced two decisions that attack workplace democracy.

In the first, (Right Aid Store #6473) the Obama Board announced that they will revisit the 2007 Dana Corp. decision, which provided important protections to employees facing so called "voluntary" card check agreements.

In the second decision, (Independent Residences, Inc.) the Board struck a blow against free speech by refusing to set aside a union representation election where New York state had unlawfully limited the employers' - but not the unions' - ability to communicate with employees about the advantages or disadvantages of unionization.

In both cases, Republican Board Members Peter Schaumber and Brian Hayes filed vigorous dissents.

While CDW has done a great job fighting EFCA legislation, we would be remiss if we failed to address Big Labor’s attempt to advance the principles of EFCA---sacrificing the rights of employees and employers at the altar of forced unionization---through other means, such as the NLRB.

CDW will continue to keep you apprised of these cases, and any other instances where the EFCA agenda is being advanced.

Thanks, and you can find more info below if you are interested in reading further about these two important Board cases.

Brief Summaries of NLRB Decisions

The Dana Corp. decision provided employees a 45 day window to petition for an NLRB secret ballot election if their employer decided to recognize a union based on card-check. If the Dana decision is reversed by the Board in Rite Aid Store #6473, many employees could be denied the opportunity to challenge a card check through a secret ballot election for years.

Concerned with the inherent flaws of card-check, the NLRB ruled in Dana Corp. that employees have a right, within 45 days, to file a petition for a secret ballot election to decertify the union or in support of a rival union, when an employer agrees to recognize a union based on card-check. The Dana decision also said the employer must post a notice advising the employees this right.

Since Dana was decided, the Board has held 54 secret ballot elections in the Dana 45 day periods. In 15 cases - 25% of those elections - the employees have rejected the card check recognition. As stated in the announcement from the Board, interested parties are encouraged to file briefs on this issue. The invitation to file briefs is here.

In Independence Residences, Inc., an employer sought to set aside a union representation election because a New York state law had unlawfully limited the employers' right to communicate with its employees about the union campaign. The New York law effectively prohibited employers from using any state funds they receive to communicate with employees about advantages or disadvantages of unionization. The employer in the case receives more than 99 percent of its $8 million budget from state funds, thus it was greatly restricted in its ability to communicate with its employees about the union campaign by the state law.

The Board rejected the employers' petition to overturn the election, even though under U.S. Supreme Court precedent the New York state law in question is preempted by the National Labor Relations Act because of the limits the state law imposes on employer speech and the debate over the pros and cons of union representation. As one court said about the New York law , "[i]t is difficult, if not impossible to see, however, how an employee could intelligently exercise [his or her representation] rights, especially the right to decline union representation, if the employee only hears one side of the story – the union’s.”

Brian Worth

Independent Electrical Contractors, Inc

OSHA publishes final rule on cranes and derricks in construction

2010-07-31T09:44:00.000-07:00

WASHINGTON – The U.S. Department of Labor’s Occupational Safety and Health Administration today announced that it is issuing a new rule addressing the use of cranes and derricks in construction, which will replace a decades-old standard. Approximately 267,000 construction, crane rental and crane certification establishments employing about 4.8 million workers will be affected by the rule published today.

Click here to read the entire release.

CDW Message Regarding Recent Conway Statement

2010-07-31T09:40:00.000-07:00

CDW Members………..

Just wanted to pass along this timely reminder that the supporters of EFCA have not given up in their efforts to force card-check and mandatory binding arbitration upon our nation’s job creators.

Please see the below comments by Jack Conway, a nominee for the U.S. Senate in Kentucky:

Jack Conway reinforced his desire to “make it as easy as we can” to pass card check, despite the fact that it would impede Kentucky’s workers right to a secret ballot. While he admitted that Kentucky has lost “100,000 manufacturing jobs in this state in the last decade,” Conway stood by his support for the flawed legislation, even as the interviewer pointed out that it was a “job killer.” CLICK HERE to listen to Conway’s interview.

Mr. Conway’s unequivocal support for EFCA serves notice that we cannot let up in our opposition to this onerous legislation, because Big Labor and their allies have not given up.

As Congressmen and Senators return to their districts during this long August recess period, they’re going to hear from our members companies, and countless other employers, that job creation is priority #1. Let’s make sure that part of that message continues to be the very real threat that a job-killing bill such as EFCA poses to our nation’s economy.

Thanks,

Brian

WSJ Article from 7/16

2010-07-21T18:37:00.001-07:00

To Protest Hiring of Nonunion Help, Union Hires Nonunion Pickets

Jobless Recruits Get Minimum Wage 'To March Around and Sound Off'

WASHINGTON—Billy Raye, a 51-year-old unemployed bike courier, is looking for work.

Fortunately for him, the Mid-Atlantic Regional Council of Carpenters is seeking paid demonstrators to march and chant in its current picket line outside the McPherson Building, an office complex here where the council says work is being done with nonunion labor.

Read the entire article by clicking here.

CDW Letter on Electronic Voting

2010-06-20T20:09:00.000-07:00

CDW Members:

Last week, we notified you that the National Labor Relations Board (NLRB) is looking into the feasibility of conducting organizing elections electronically, including possibly doing so in a manner that allows employees to vote from their home computer or some other remote location that cannot be fully supervised by the NLRB.

Since they can’t get EFCA or an EFCA alternative signed into law, Big Labor is turning to the Board to accomplish their goals. This push for remote, electronic voting is part of their effort.

Therefore, it is important that CDW and its entire membership directly comment on the potential threats to worker privacy, and thus the election process, caused by remote voting.

You can read CDW’s letter here. This letter has also been transmitted to the House and Senate.

WSJ Article: Obama's Union Favors

2010-05-18T08:28:00.000-07:00

Obama's Union Favors

The latest rule change slams the airlines.

Two weeks ago, the AFL-CIO took down the huge banner calling for passage of "card check" legislation from the side of its Washington headquarters. Looks like the union federation knows its top priority—to eliminate the secret ballot in workplace elections—won't pass the Senate anytime soon. But don't worry, the Obama Administration is quietly giving Big Labor what it wants through the back door.....

To read the entire article click HERE.

Message to CDW Members

2010-04-29T19:46:00.000-07:00

CDW Members:

CDW is continuing to bang the drum in opposition to EFCA. Our most recent print ad is being run in today’s edition of USA Today. You can see the ad here.

While EFCA seems to have slipped off the radar screens here in Washington, it is crucial that we not allow this legislation---or alternative versions of the bill---to gain any traction that could result in their passage by either house of Congress.

Recently, Senator Claire McCaskill (D-MO) said, regarding the Employee Free Choice Act, "I think there's a lot of negotiation that's going on about card-check." While Senator McCaskill acknowledged the possibility that card-check itself may be dead, her comments about ongoing negotiations on this issue are indicative of Big Labor’s continued efforts to strike a deal to move some version of EFCA. You can read the entire McCaskill article here.

Legislative Conferences

As most of our trade associations are moving into legislative fly-in season, we are strongly encouraging everyone to keep EFCA at the top of your organization’s list of legislative priorities.

And, if possible, please feel free to share any relevant intel on this topic, that is picked up during Hill visits when your members are in town.

Lobbying Committee

For those organizations with a DC-area presence, CDW’s Lobbying Committee will be meeting again at 11:00 am on Thursday, May 6. If you’d like to attend this meeting, please contact Rob Green (greenr@nrf.com) for more information.

Finally, since CDW was outspoken in our opposition to Craig Becker’s nomination to the NLRB, I wanted to share this Wall Street Journal story about the race to succeed Andy Stern at the SEIU. It is telling that one of the candidates to be Stern’s successor, Anna Burger, lays out a strategy that includes an effort to “push a labor-friendly majority on the NLRB.” Big Labor knows that they’re running out of time to pass their #1 priority, EFCA, so their fall back plan includes using the regulatory process to circumvent Congress. You can read the story here.

As always, thanks for all of your efforts to date, and keep up the good work.

Thanks,

Brian

New Safety Bulletin

2010-04-21T10:36:00.000-07:00

There is a new safety bulletin focusing on 'Understanding Pipelayer Dynamics in Slope Applications' available at www.safety.cat.com.

WSJ Article: Crony Contracts

2010-04-16T14:07:00.000-07:00

Crony Contracts

Want federal business? Better be a union shop.

There's almost a direct correlation these days between the Obama Administration's complaints about "special interests" and its own fealty to such interests. Consider its latest decree that federal contractors must be union shops....

Click here to read the entire article.

Another New CDW Ad

2010-04-02T05:11:00.000-07:00

First, CDW has launched a new print ad this week. This ad ran on Thursday, March 25, in Roll Call and Politico, and will run the first week in April in USA Today.

Now that Congress and the White House have completed their work on health care reform, CDW wants to make sure that any momentum from their victory does not lead them to think that it would be a good idea to pivot to EFCA, or some EFCA alternative.

Becker Nomination

Senator Tom Harkin has stated that President Obama will use a recess appoint to seat Craig Becker on the National Labor Relations Board, and AFL-CIO president Richard Trumka has echoed this sentiment.

As you recall, Mr. Becker’s nomination received bi-partisan opposition during Senate debate in February, and his nomination failed to be approved by the Senate. CDW has once again opposed Mr. Becker’s nomination, and you can see our letter here.

For those of you wondering about Mr. Becker’s connection to CDW’s efforts to defeat EFCA and all related proposals, you’ll be interested in this quote from Stewart Acuff of the Utility Workers Union of America:

“If we aren't able to pass the Employee Free Choice Act, we will work with President Obama and Vice President Biden and their appointees to theNational Labor Relations Board to change the rules governing forming a union through administrative action.... " Link to article is here

Thank you for your continued efforts to defeat the Employee Free Choice Act.

National Action Summit for Latino Worker Health and Safety

2010-03-24T10:40:00.000-07:00

April 14-15, 2010
Houston, Texas

Agenda Now Available

The Department of Labor's Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health, in partnership with the National Institute of Environmental Health Sciences, are hosting the National Action Summit for Latino Worker Health and Safety April 14-15, 2010 in Houston, Texas. The agenda for this event is now available online and includes many of our keynote speakers including the opening address by U.S. Secretary of Labor, Hilda L. Solis.

For more information on the Summit or to register, click here or call 781-674-7374 or toll free at 800-803-2833.

CDW Letter to Members

2010-03-12T21:29:00.000-08:00

CDW Members:

In an effort to show that the reported demise of card-check and government mandated binding arbitration have been much exaggerated, the White House has recently renewed its full support for Big Labor’s number one legislative priority, the Employee Free Choice Act.

Yesterday, Vice President Joe Biden addressed the AFL-CIO’s winter meeting in Florida and told the attendees, “In the fight for EFCA, we’ve got to sit down and figure out where we go from here...I think we’re going to get it done.” You can read more here.

Last week, the White House’s “Middle Class Task Force” released its annual report for 2009. The report highlights EFCA as a tool for helping the “middle class,” stating:

“The Administration has supported the Employee Free Choice Act (EFCA) as a way to rebalance the union organizing playing field. In our policy work and events, as well as in various statements by the Vice President, the Task Force has consistently stressed the importance of EFCA as well. This support stems from our diagnosis that one underappreciated reason for the negative trends portrayed in our economic analysis of middle-class families is the loss of worker bargaining power.

Over the course of this year, the Task Force will continue to promote the benefits of union membership and to amplify the President’s message of the importance of EFCA as a way to guarantee workers who want to organize a fair chance to do so.”

You can access the Task Force’s report here.

While posturing by the White House and others won’t be able to produce 60 votes in the Senate, this renewed push by the Obama Administration reminds us that we’re not out of the woods yet and EFCA remains the top priority for Big Labor and its allies in Washington.

As legislative fly-in season draws near, we are strongly encouraging CDW members to keep EFCA at the top of your legislative agendas. Our talking points remain as simple as they have been for the past 3 years: We fully oppose card-check and government mandated binding arbitration, and there is no compromise on these issues.

Thanks to all CDW members for your continued good work on this issue.

Brian Worth

Independent Electrical Contractors, Inc

VP for Government and Public Affairs

WSJ article: The Senate rebels against Big Labor

2010-02-11T11:46:00.000-08:00

The Regulator from SEIU

Before Snowpocalypse II hit Washington yesterday, the Senate squeezed in a brush back to President Obama and his friends at Big Labor. As the old saw goes, elections have consequences, and the one on the mind of legislators took place in Massachusetts last month.

Democrats Ben Nelson and Blanche Lincoln joined with Republicans to block cloture on a closely watched vote on the appointment of a lawyer for Andy Stern's Service Employees International Union to a seat on the National Labor Relations Board. As glaring was that only 52 Democratic Senators dared record their support for Craig Becker's nomination. (Continued)

Click here to read the entire article.

New CDW Ad

2010-02-03T21:02:00.000-08:00

Check out the new CDW ad by clicking here.

CDW Letter to Senators

2010-02-03T20:44:00.000-08:00

February 1, 2010

Dear Senator:

We write in opposition to the nomination of Craig Becker as a Member of the National Labor Relations Board (NLRB), and we strongly encourage you to vote against his nomination, as well as against cloture on the related procedural motions. We are concerned that Mr. Becker will spearhead efforts to impose many aspects of the Employee Free Choice Act (EFCA) through rulemaking and decisions, including attempts to promote card-check organizing and ambush elections.

The Coalition for a Democratic Workplace (CDW) consists of more than 580 business and trade associations united in our collective opposition to EFCA. EFCA would effectively eliminate secret ballot elections as a method for determining whether employees wish to join a union; replacing it with a card check a system, under which an employee’s private decision would be made public to employers, union organizers and co-workers. Further compounding the problems with EFCA, a study by noted economist Anne Layne Ferrar estimates that card-check will cost 600,000 American jobs a year. In short, EFCA deprives American workers of the ability to make a fully informed decision and exercise their right to vote in a secret ballot election without fear of intimidation or recrimination, while also resulting in job loss at a time we can least afford it.

We are concerned that, if confirmed, Mr. Becker will attempt to impose aspects of the Employee Free Choice Act through NLRB rulemaking and decisions. Recently, William Gould, NLRB chairman during the Clinton Administration, stated that the NLRB could issue a ruling that would impose card-check without any change to the law by Congress.

Mr. Becker currently serves as Associate General Counsel to both the Service Employees International Union and the American Federation of Labor & Congress of Industrial Organizations, both of which adamantly support EFCA and card-check.

Moreover, throughout his career, Mr. Becker’s writings have revealed his extreme views about labor relations and the role of the NLRB. Among other things, Mr. Becker said that “employers should be stripped of any legally cognizable interest in their employees’ election of representatives.” In other words, Mr. Becker argues that a union’s assertions during an organizing should not be discussed or challenged by employers, thus limiting employee access to critical information that should be part of the decision-making process. Much like the ability to vote in private, hearing both sides of the argument, from the union and the employer, is vital to the employees’ ability to make an honest and fully-informed decision.

If Mr. Becker is confirmed and he imposes aspects of EFCA and his other extreme ideas through NLRB rulemakings and decisions, both worker privacy and our economy could suffer. For the aforementioned reasons, we urged you to vote against Mr. Becker’s confirmation.

Sincerely,

THE COALITION FOR A DEMOCRATIC WORKPLACE

CDW Press Release on EFCA status

2010-01-21T09:40:00.000-08:00

Big Labor Still Pushing Their Out-of-Touch Agenda

Union Bosses Ignore the Lessons from Massachusetts, Continue to Push EFCA

While politicians across the country are reassessing their agendas based on Tuesday’s rejection of big government and higher taxes by the voters in Massachusetts, the labor bosses in Washington remain committed to passing the jobs-killing Employee Free Choice Act..

Andy Stern, head of the SEIU, saw Tuesday’s election results as meaning that “every member of Congress and the Administration must act with a renewed sense of purpose to show working families whose side they are on and deliver meaningful change to every American.”

The Hill quotes an AFL-CIO source, regarding Senator-elect Scott Brown’s victory, “"If officials go running to the center like some are calling for, and away from what they campaigned on, they learned exactly the wrong lesson from this election."

Brian Worth, chairman of the Coalition for a Democratic Workplace, stated, "Despite yet another rejection of their job-killing agenda, Big Labor still demands that Congress pass the mis-named Employee Free Choice Act..”

"Shoving this unpopular, anti-worker bill down the throats of the American people is exactly the kind of thinking that compelled the people of Massachusetts to take this Senate seat away from Democrats for the first time in almost 40 years,” Worth continued.

CDW has released national polling that has consistently shown that the vast majority of voters, including those in union households, oppose job-killing proposals such as card-check and government-mandated binding arbitration. To view CDW’s research, please visit www.MyPrivate.Ballot.com.

Between a rock and hard place?

2010-01-10T20:13:00.000-08:00

Obama supporters oppose bill that favors unions

Now enter the billionaires that supported President Obama's campaign. Even the President's finance chairperson, Penny Pritzker, who is a director of the Global Hyatt Corp., is opposed to the bill.....

Click here to read the full article.

EFCA's Bad 'RAP'

2010-01-07T09:56:00.000-08:00

Nice!

New Sheriff in Town

2010-01-06T09:14:00.000-08:00

Labor Chief moves on job safety, workers rights'

WASHINGTON -

Soon after she became the nation's labor secretary, Holda Solis warned coorporate America ther was "a new sheriff in town."

Less than a year into her tenure, that figurative badge of authority is unmistakable. Her aggressive moves to boost enforcement and crack down on businesses that violate.... Click HERE to read the full article.

Card Check Grows...

2009-10-14T22:45:00.000-07:00

Card Check Grows in Union Organizing

Even as union leaders press for card-check legislation in Washington, more local unions already are turning to the controversial method of organizing -- and making some gains.

Current law allows unions to organize workers by having them check a box on a card, as opposed to holding an election, if a company approves....

Click here to read entire article.

CDW Notice

2009-10-09T08:46:00.000-07:00

CDW Members:

While Sonny and Cher may not be playing on your alarm clock radio, the proponents of EFCA are still beating the drum that there are acceptable alternatives to card-check and binding arbitration, and that they’re close to getting a “deal” that will get them 60 votes.

Just last week, Senator Sherrod Brown (D-OH) was quoted in The Hill, regarding EFCA or some version of it, “There is a decent chance it will happen this year.” Senator Tom Harkin (D-IA), chairman of the Senate HELP Committee, also expressed his hope that the bill would be passed “this fall.”

In today’s National Journal magazine (see attached), the AFL-CIO’s Bill Samuels makes the implication that an improving economy may signal that it’s time to move EFCA. Mr. Samuels’ optimism in the face of more than 9% unemployment nationally and studies estimating that EFCA could cost as many as 600,000 jobs in the first year after enactment must surely be encouraging to card-check supporters.

The National Journal article also mentions a few EFCA alternatives, such as ambush (or quickie) elections and increased workplace access for union organizers. We’ve been through this drill before, but it’s worth reiterating that there is no acceptable alternative version of EFCA.

Remember, all of these proposals regarding workplace organizing, whether card-check, workplace access, or ambush elections, have the same end goal: increasing the power of professional union organizers by sacrificing the rights of the American workforce.

Also, I’ve attached some talking points regarding ambush elections and increased workplace access for professional union organizers.

Please keep up the grassroots and direct contacts with House and Senate offices.. The consistent hard work of CDW members will continue to prevent EFCA and any equally dangerous alternatives from becoming law.

Click here to read/save the National Journal article.

Click here to read/save the EFCA Talking Points

Drug Free Work Week

2009-10-05T14:50:00.000-07:00

Drug-Free Work Week is a dedicated time each year to highlight the benefits that drug-free workplace programs bring to employers, workers and communities. And, it’s a time to work toward making every week a drug-free work week!

Find ideas, posters, tool box talks and more for Drug Free Work Week by clicking here.

WSJ Article

2009-09-18T08:49:00.000-07:00

A Gift for Labor

Union 'card check' isn't dead yet, and it may be getting worse.

The AFL-CIO crowned a new king yesterday at the labor federation's convention in Pittsburgh. Now some Democrats are rushing to pay the union's new president, Rich Trumka, tribute by reviving Big Labor's top legislative priority, the "card check" legislation. Click here to read the full article.

WSJ Article on Unions and Health-Care

2009-09-15T09:01:00.000-07:00

Read the Union Health-Care Label

Get ready for Detroit-style labor relations in our hospitals.

In the heated debates on health-care reform, not enough attention is being paid to the huge financial windfalls ObamaCare will dole out to unions—or to the provisions in the various bills in Congress that will help bring about the forced unionization of the health-care industry.

Tucked away in thousands of pages of complex new rules, regulations and mandates are special privileges and giveaways that could have devastating consequences for the health-care sector and the American economy at large...

Click here to read the full article.

CDW Update

2009-09-07T07:28:00.000-07:00

CDW Members:

The long August recess is over, and while the health care debate continues to dominate the headlines, proponents of EFCA are doing their best to ensure that Big Labor’s #1 priority does not drift off the political radar screen.

EFCA Alternatives

AFL-CIO’s Secretary-Treasurer (and assumed incoming president), Richard Trumka, has expressed publicly that an alternative version of EFCA---without the card-check provision---will likely move through Congress before the end of 2009.

As reported in BusinessWeek, Trumka “told reporters that a compromise bill currently being negotiated by moderate Democrats in the Senate would be acceptable even if it didn't include the controversial ‘card check’ option.”

On a related note, the New York Times reports current AFL-CIO president John Sweeney as agreeing to accept “ambush,” or quickie, elections in place of card-check. To read that story, click here.

While the talk of ambush election is nothing new in the EFCA debate, it is worth noting that these sources aren’t anonymous, but rather the elected (by secret ballot, generally) leaders of the labor movement. CDW has already knocked down the fallacy that ambush elections are reasonable, and I have attached our letter to the U.S. Senate, and our talking points on that subject, for your reference.

Finally, Senator Arlen Specter (D-PA), as reported in Politico, has noted that the small group of Senate Democrats working on this issue are “making progress” in finding what they deem to be a suitable alternative.

Meanwhile, in the House, EFCA (H.R. 1409)---with card-check and government-mandated binding interest arbitration---still has 226 co-sponsors.

Union Grassroots

To coincide with Labor Day and the AFL-CIO’s annual convention, union leaders are planning a media blitz in support of EFCA, as well as a possible lobbying day on Capitol Hill. Read the story in Politico http://www.politico.com/news/stories/0809/26649_Page2.html

This serves a reminder that we cannot slacken our efforts to defeat EFCA, or any alternative versions of the bill that are proposed under the guise of “compromise.” It would be nice to think that this legislation has been defeated, but it is clearly still at the top of Big Labor’s political agenda and therefore must remain at the top of ours, as well.

Lobbying Committee

For CDW members based in the D.C. area, our lobbying committee will meet on September 10, at 2:00 pm at the offices of NRF. If you’re interested in attending, please contact Rob Green at greenr@nrf.com.

As our members are talking to their Representative and Senators about health care or cap-and-trade, it is crucial that they also use those opportunities to remind them that there can be no compromise on the rights of employees to make an informed, private decision about whether to join a union and small businesses cannot be handed over to government-appointed arbitrators.

CDW has been so effective for the past three years because of the broad cross-section of the employer community represented by our membership of more than 580 trade and business associations, and the passion with which our individual members have spoken about this important issue. By continuing to vocal and united in our opposition, we can again hold off this latest push by the proponents of EFCA.

As always, thanks for all of your continued hard work.

Brian

New Associate Member

2009-08-14T13:25:00.000-07:00

APCA is pleased to welcome Ted Nichols and T & C Rentals, Inc. as our newest APCA Associate Member. They are located in Tomball, Texas and specialize in providing rentals of drying equipment and supplies.

WSJ Article

2009-08-09T09:49:00.000-07:00

Don’t Employers Deserve Free Speech?

John S. Irving

The debate over the Employee Free Choice Act (EFCA) is being reframed now that the notorious “card check” provision—which would have taken away the right to secret ballots on union representation—will be pulled from the bill. Business groups and members of Congress on the fence will now come under tremendous pressure to support the act, although equally objectionable provisions, such as mandatory arbitration, remain....

Click here to read the entire article

Tool Box Talks

2009-08-05T12:16:00.000-07:00

The latest installments from the OSHA Alliance's Tool Box Talk series have been posted over at the APCA website. You can view and download a copy of Hazard Communication and Respiratory Protection by clicking here.

CDW PRESS RELEASE: CARD CHECK HYPOCRISY- SECRET BALLOTS OK FOR SENATORS BUT NOT FOR THEIR CONSTITUENTS

2009-07-31T11:14:00.000-07:00

Senator Tom Harkin, lead sponsor of the mis-named Employee Free Choice Act (EFCA) in the Senate, is no fan of card check, at least not for elections for Senate leaders. As reported in The Hill newspaper today, Harkin said:

“Every two years the caucus could have a secret ballot on whether a chairman should continue, yes or no.”

“We applaud Senator Harkin’s commitment to use secret ballots to elect for Senate leadership and committee chairs, but it makes us wonder why he supports a card check scheme instead of secret ballots for workers in union elections,” said Brian Worth, chairman of the Coalition for a Democratic Workplace.

Members of the House of Representatives are no strangers to card check hypocrisy. The same members of Congress, who have supported forcing card check on workers, enjoy secret ballots for electing House leadership. Here’s what House Rules Committee Chairwoman Louise Slaughter had to say earlier this year about a difficult vote facing Democratic House members in the election between Reps Henry Waxman and John Dingell for chairmanship of the Energy and Commerce Committee:

“It’s a secret ballot. Thank the Lord.”

“American workers deserve the same privacy in union organizing elections that Congress gives itself in leadership elections. But if members of Congress, particularly those who are co-sponsors of EFCA, are so fond of card check, perhaps they should use it for their own leadership elections,” added Worth.

EFCA continues to face serious hurdles and bi-partisan opposition, as the controversial card check and binding interest arbitration provisions remain in the bill. Alternative proposals such as ambush elections and workplace access face similar skepticism because of their harmful impact on workers and small businesses. There is no difference between the anti-worker card check scheme and ambush elections which would penalize small businesses and workers. They both deny workers the opportunity to hear both sides of the debate before a secret ballot election is held. For small employers who are focused on running their businesses, ambush elections deny them the time to ensure that the process is fair. Along with that, allowing professional union organizers on the jobsite is equally as troubling. Current laws already allow employees who support the union to campaign on company property and for paid union organizers to contact workers outside the workplace, such as making visits to an employee’s home. Conversely, employers are not allowed to contact employees during non-work hours.

About the Coalition for a Democratic Workplace

The Coalition for a Democratic Workplace is made up of more than 580 associations and organizations from every state across the nation that have joined together to protect a worker’s right to a private ballot when deciding whether to join a union. In 2008, CDW embarked on a multi-million dollar public education campaign in key states that included polling, television, radio and internet ads and direct mail. For more information and a listing of our membership, please visit www.MyPrivateBallot.com.

CDW Press Release

2009-07-28T21:12:00.000-07:00

Tuesday, July 28, 2009

EXPOSED: BIG LABOR’S STRATEGY FOR RAMMING THROUGH ANTI-WORKER CARD CHECK

Big Labor and their allies have concocted a plan for the mis-named and politically toxic Employee Free Choice Act (EFCA) that would bypass the normal legislative procedures for ensuring a bill gets a fair hearing and reading. According to unnamed senior Democratic aides in today’s Roll Call, “Majority Leader Harry Reid (D-Nev.) is sketching a process for railroading the bill through the floor as quickly as possible to prevent Republicans from rallying a major campaign against it.”

To add insult to injury to the democratic process, a leadership aide was quoted in the same story, “This is not the kind of thing where we could have a long, drawn-out rollout. We’d have to say, ‘Here’s the deal,’ and then get to the floor and get it passed before anyone can mobilize against it.”

The Roll Call story also reiterated Big Labor’s plan to ensure that the anti-worker card check provision remains in the bill. In a recent statement, Service Employees International Union President Andy Stern said that Big Labor expects “a vote on a majority signup [aka card check] provision in the final bill or by amendment in both houses of Congress."

EFCA continues to face serious hurdles and bi-partisan opposition, as the controversial card check and binding interest arbitration provisions remain in the bill. Alternative proposals such as ambush elections and workplace access face similar skepticism because of their harmful impact on workers and small businesses. There is no difference between the anti-worker card check scheme and ambush elections which would penalize small businesses and workers. They both deny workers the opportunity to hear both sides of the debate before a secret ballot election is held. For small employers who are focused on running their businesses, ambush elections deny them the time to ensure that the process is fair. Along with that, allowing professional union organizers on the jobsite is equally as troubling. Current laws already allow employees who support the union to campaign on company property and for paid union organizers to contact workers outside the workplace, such as making visits to an employee’s home. Conversely, employers are not allowed to contact employees during non-work hours.

“Forced card check coupled with the job-killing binding interest arbitration provision suggests that the EFCA still remains politically toxic, despite efforts to produce what appears to be a one-sided ‘compromise,’” said Brian Worth, chairman of the Coalition for a Democratic Workplace. “Apparently ‘compromise’ means whatever Big Labor can get passed notwithstanding their ultimate plan for denying workers secret ballots.”

WSJ Article

2009-07-21T08:35:00.000-07:00

The New Old 'Card Check'

Labor's top priority isn't dead yet.

Politicians don't typically broadcast their defeat, and when they do it pays to watch for the blindside hit. That's surely the case with last week's reports that six liberal Senators are abandoning part of labor's top priority, "card check" legislation.....

Click here to read the entire article.

CDW Letter on Compromise

2009-07-17T08:14:00.000-07:00

CDW Members: Today’s New York Times reports that a small group of Senate Democrats may be close to agreeing upon new version of EFCA, which would be introduced under the guise of “compromise” despite being nothing more than re-packaged EFCA. The Times report states that new EFCA would not contain the existing version of card-check, but instead allow for “quickie” elections and workplace access for union organizers while still presumably foisting binding interest arbitration on employers and employees. Read the entire article here.

In response to the Times story, SEIU head Andy Stern has stated that “we expect a vote on a majority signup provision in the final bill or by amendment in both houses of Congress."

Compromise=EFCA……or worse…..

These EFCA variations have been floated in the past and CDW has effectively pushed back on these proposals as nothing more than a repackaging of EFCA. While proponents of EFCA have started to advance what they deem to be “reasonable” alternatives to card-check, it is crucial that CDW members remember that “compromise” is simply a legislative trick to get to 60 votes in the Senate. After cloture has been invoked on a “compromise” bill, EFCA supporters can insert card-check as an amendment on the Senate floor, or simply wait until the conference committee with the House to make the changes they want.

The House can pass EFCA, as is, whenever the Speaker decides to do so. Therefore, EFCA looms over any debate on “labor law reform” much like the sword hanging tenuously over the head of Damocles, effectively eliminating the possibility of serious debate on the subject.

CDW Talking Points

Please see the attached TPs that address proposals such as “quickie” elections and workplace access. Also helpful is CDW’s letter to the Senate, dated May 6 of this year, which outlines the serious problems with proposals for the alternative versions of EFCA. You can read that letter here.

Remember, NO on cloture, NO on compromise. Keep up the good work and we’ll keep you updated with any new developments.

Brian Worth

Independent Electrical Contractors, Inc

VP for Government and Public Affairs

WSJ Article

2009-07-12T20:15:00.001-07:00

The Free Choice Act and Binding Arbitration

Shikha Dalmia

Big Labor is on a roll. With the installation of Minnesota Democrat Al Franken to the Senate this week, and another change of heart by Sen. Arlen Specter, the misnamed Employee Free Choice Act (EFCA) has just scored two more votes. To secure the remaining votes for a filibuster-proof majority, unions are planning a massive rally today in Arkansas to pressure Blanche Lincoln, the state's Democratic senator who has withdrawn her support for the bill, to pull a Specter and change her mind yet again...

Click here for the entire article.

CDW Letter - Binding Arbitration

2009-07-11T08:33:00.000-07:00

CDW’s most recent letter to the Hill, this one focusing on binding interest arbitration:

No Compromise on Binding Interest Arbitration

Dear Senator:

As you and your colleagues continue to debate the numerous important issues currently

confronting our nation, we write to express our strong opposition to any effort to

pass provisions included in the Employee Free Choice Act (H.R. 1409/S. 560), and to ask

that you oppose any related legislation presented under the guise of “compromise.”

The Coalition for a Democratic Workplace (CDW), a group of more than 580

organizations, is united in opposition to all provisions in the Employee Free Choice Act

(EFCA) because we believe this bill severely undermines long standing principles of

balance and fairness in federal labor law.

While the issue of card-check organizing has been the focal point of most of the debate

surrounding EFCA (and, rightfully so, since card-check would deny working men and

women the opportunity to privately decide whether to join a union), EFCA’s imposition

of government-mandated, binding interest arbitration on private employers of all sizes

will be as detrimental to workplace rights, and even more threatening to job creation than

card-check.

Now, proponents of EFCA have begun a campaign to make the radical seem reasonable;

suggesting the EFCA’s binding interest arbitration is comparable to the dispute

arbitration that can currently be used in the private sector. Nothing could be further from

the truth, and these attempts by EFCA supporters to normalize an idea as onerous as

government intervention through binding interest arbitration show desperation in regards

to a bill whose support is regularly decreasing.

The differences between dispute arbitration and EFCA’s mandatory binding interest

arbitration are extremely significant. Dispute arbitration takes place when both parties

enter into an agreement to settle a dispute, as an alternative to litigating a disagreement

with particular contractual terms. Binding interest arbitration, as proposed in EFCA,

allows federal government arbitrators to dictate terms of a labor contract if parties have

not yet come to a voluntary agreement on a first contract within 120 days of good-faith

bargaining. EFCA’s proposed binding interest arbitration forces employees, their union

representative and the employer to accept a contract (written by the arbitrator) for two

years.

In dispute arbitration, the arbitrators interpret the law or previously agreed to contracts or

contract terms with a general right of the parties to appeal. However, under EFCA’s

binding interest arbitration, the arbitrators, who are unlikely to have any relevant business

experience, will dictate the terms of a labor contract that involves almost every facet of

how a business is run, including pay, benefits, and work rules with no right of the parties

to appeal the arbitrator’s final contract.

In short, under dispute arbitration, arbitrators are interpreting contracts and the law,

which is essentially what they are trained to do. Under EFCA, the arbitrators are making

business decisions on every aspect of company operations, even though they may lack

any business experience, let alone have any expertise with the pertinent industry or

specific company.

Clearly, there is nothing common about EFCA’s binding interest arbitration. The

continued attempts to find a so-called “compromise” on EFCA are running into the same

road blocks—the impossibility of negotiating on proposals as radical and out-of-touch as

binding interest arbitration and card-check.

We therefore urge you to oppose this job-killing legislation, and to oppose any legislation

offered under the guise of “compromise” that alters the nation's long standing and time

tested collective bargaining process by imposing any form of mandatory binding

arbitration. More information, analyses, and polling data showing that more than 72

percent of voters believe that binding interest arbitration is “unwise and risky,” can be

found on our coalition’s website at www.myprivateballot.com.

Sincerely,

THE COALITION FOR A DEMOCRATIC WORKPLACE

New ToolBox Talk Posted

2009-07-10T06:37:00.001-07:00

Excavation and Trenching is the topic for the new ToolBox Talk. The downloadable PDF can be found here on the APCA website.

OSHA News Release

2009-07-01T07:59:00.000-07:00

U.S. Secretary of Labor Hilda L. Solis unveils Texas construction safety

initiative at conference of American Society of Safety Engineers

During 1st official visit to San Antonio, Solis also announces training grants for veterans

SAN ANTONIO — Secretary of Labor Hilda L. Solis today addressed the annual gathering of the American Society of Safety Engineers. She applauded the efforts of the nation’s safety and health professionals, and announced that the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) will launch a major construction safety initiative in Texas to prevent workplace injuries and fatalities.

“Beginning in July, OSHA will increase the number of inspectors in Texas for a concentrated effort to prevent injuries and fatalities at construction sites. When these inspectors observe unsafe scaffolds, fall risks, trenches or other hazards, they are empowered to launch an immediate investigation,” announced Secretary Solis. “As I have said since my first day on the job — the U.S. Department of Labor is back in the enforcement business.”

More workers die in Texas than in any other state. In 2008, there were 67 construction industry fatalities, and in 2009 there already have been 33. The rate of Hispanic fatalities in construction is especially alarming, having increased by 125 percent between 1992 and 2005. In 2007 and 2008, more than 3,000 inspections were conducted by OSHA in southeastern states. The agency cited a total of 4,390 violations.

Solis also met today with local business, higher education and union leaders at a breakfast event hosted by the University of Texas San Antonio, where she emphasized her commitment to jobs that are good, safe, secure and green. Afterward, Secretary Solis toured H.E.B Inc., a print/mail manufacturing plant that has received OSHA’s highest level of recognition for sustained excellence in employee health and safety.

In the afternoon, at an informal luncheon with local veteran service organizations and members of the American G.I. Forum (AGIF), Secretary Solis announced grants totaling $600,000 in federal support for AGIF’s Veterans Outreach Program. The latter helps homeless veterans succeed in civilian careers. The grants were awarded under the Labor Department’s Homeless Veterans’ Reintegration Program.

The labor secretary finished her day in San Antonio with a visit to the Brooke Army Medical Center, where she met with a group of wounded warriors and their families and toured the Center for the Intrepid. The Labor Department’s “REALifelines” program at Brooke assists wounded veterans and their family members with employment services.

“I would not dream of coming to Texas without visiting our veterans, service members and their families,” said Solis. “These men and women have sacrificed enormously for our nation, and they deserve our support.”

New CDW Ad

2009-06-28T13:39:00.000-07:00

CDW Members:

While cap-and-trade and health care reform are dominating the congressional landscape at the moment, we recognize that a small group of Democratic senators continue to meet in an effort to craft what they call a “compromise” on EFCA and what we know is really a Trojan Horse that will allow for the ultimate passage of legislation that will deny employees the right to a secret ballot election and burden small business owners with government mandated, binding interest arbitration.

New CDW Ad

In order to ensure that the dangers of EFCA are not allowed to be fade into the political background this summer, CDW has released a new ad, entitled “Poison,” which highlights the potential economic impact of card-check.

You can view this web ad by clicking here .

Recess Toolkit

CDW has again put together a recess toolkit, with talking points on the latest policy issues surrounding EFCA, sample op eds and LTEs, and sample grassroots material for contacting your federal legislators. Click here to access the toolkit: http://myprivateballot.com/toolkit/

Recess work periods are the best time for CDW members outside the Beltway to let Congress know that we all concerned about EFCA and watching how they vote and act on this crucial issue. Townhall meetings, district office hours, and even a local parade during the holiday week are all great opportunities to tell your Representative and Senators that EFCA is bad for employees and employers.

With regards to the Toolkit, it is worth noting that proponents of EFCA have been running print and web ads that focus on the binding interest arbitration provisions in EFCA. These ads attempt to make EFCA’s government appointed arbitrators, who will write binding labor contracts for your members, seem innocuous and commonplace. The reality is that EFCA’s arbitration provisions are as radical as card-check, and just as dangerous for employers and employees.

It is important that binding interest arbitration continue to be one of our talking points when discussing the ills of EFCA, and the Toolkit has talking points, LTEs and op eds to that effect.

And, let’s not forget to say “thank you” to those Members and Senators who are on the right side of those issues, especially those who are taking a position that may not very popular in their own party.

Steering Committee Meeting

Members of the CDW Steering Committee, keep an eye out for a planned meeting in mid-July. I’ll get back to everyone soon with date, time, location, and another excellent guest speaker to address the group.

Thanks for all of your hard work, and I hope everyone has an enjoyable 4^th of July holiday.

Brian Worth

Independent Electrical Contractors, Inc

VP for Government and Public Affairs

EFCA: Blinding Arbitration

2009-05-29T21:35:00.000-07:00

Blinding Arbitration (WSJ May 29, 2009)

"Big Labor's top legislative priority, "card check," might be stalled in the Senate, but that doesn't mean the unions are rolling over. While talk of compromise is in the air, we hope business leaders and Senators stay alert." (read full article)

Message from CDW

2009-05-22T14:53:00.000-07:00

CDW Members:

It has been a busy month since the last congressional recess, as the rumors of alternative versions of EFCA have percolated around Washington and CDW has worked to expose the so-called compromise proposals for what they really are; EFCA re-packaged.

We will continue to oppose legislation that denies employees their right to privacy and exposes them to harrassment, intimidation, and coercion; as well as opposing alternatives that would threaten American entrepreneurism and competitiveness by imposing government-run, binding arbitration on our nation’s job creators.

RECESS TOOLKIT

CDW has rolled out a new recess toolkit, which can be found on our website here. This toolkit contains sample LTEs and op eds, informational flyers, and sample print ads, along with helpful information regarding EFCA and proposed alternatives.

As always, we encourage all CDW members to use the recess work period to keep the heat turned up on your Representative and Senators. If we keep the volume turned up on this issue at all times, Congress cannot “escape” this issue simply by leaving Washington for a week.

Remember, when you talk to your Senators and Represenative, the message remains “no EFCA, no cloture, no compromise.”

WASHINGTON POST OP ED

This week, CDW had a full op ed run in the Washington Post, where the Coalition had the opportunity to respond to the Post’s allegations that our “no compromise” position on EFCA was worth criticizing. The CDW op ed is here, and you can read the Post’s editorial from May 11 here.

As our op ed notes, compromise for its own sake on a clearly misguided and onerous bill such as EFCA is no fault on our part. CDW members should be proud to be called “absolutists” in our opposition to EFCA…………..there’s no vice in being absolutist about protecting employee privacy and opposing government mandated arbitration.

Also, this week, CDW’s Steering Committee had a productive meeting that included Senate Republican Leader, Mitch McConnell (R-KY). Senator McConnell encouraged the Steering Committee members to keep the heat turned up on this issue so that we’re prepared to tackle whatever version of EFCA may be moved by Senator Harkin and the proponents of card-check.

And, here is a press statement from CDW denouncing the idea of “mail-in card check,” which was reported in a Wall Street Journal article as a possilbe alternative version of EFCA.

Finally, for those CDW members in Northern Virginia, Gov. Mitt Romney will be participating in a small business round table discussion on EFCA on Thursday, May 28, from 3:00-4:00 pm in Arlington, VA. One member of that roundtable will be Brett Vassey with the VA Manufacturers Association, who also is the point person for CDW’s state operations in the commonwealth of Virginia. If you’re interested in attending the rountable, contact Jason McBride at jason.mcbride@workforcefairness.org .

Thanks for the continued hard work and vigilance on this issue, and please keep in mind this Memorial Day weekend that we live in a country where we get to vigorously and openly debate issues such as EFCA because brave men and women and their families have sacrificed themselves on our behalf. Have a great holiday weekend.

Thanks,

Brian

EFCA Articles

2009-05-14T19:32:00.000-07:00

Click on the links below for two more recent articles on EFCA:

The Free Choice Act Is Anything But (WSJ May 07, 2009)
"The recent news that Pennsylvania Sen. Arlen Specter has become a member of the Democratic caucus has given new life to legislation that many thought had been put to rest for this Congress -- the Employee Free Choice Act (EFCA)" (read full article)

Andy Stern's Go-To Guy (WSJ May 14, 2009)
Mr. Becker, who is currently the associate general counsel at Andy Stern's Service Employees International Union, is all for giving unions more power over companies in elections. Only he's not sure he needs to wait for Congress... ( read full article)

CDW's Card Check Ad

2009-05-08T07:15:00.000-07:00

CDW has created the following ad for employers to display in their break rooms, etc. To download a printable PDF version of the ad to display to your employees click here.

CDW's Letter to Senators

2009-05-06T06:50:00.000-07:00

No Compromise on the Misnamed Employee Free Choice Act

Dear Senator:

As you and your colleagues continue to debate the issues confronting our nation, we write to express our strong opposition to all efforts to pass any provision included in the Employee Free Choice Act (H.R. 1409/S. 560), and our united opposition to any related legislation presented under the guise of “compromise.”

The Coalition for a Democratic Workplace (CDW), a group of more than 580 organizations, is united in opposition to the Employee Free Choice Act (EFCA) because we believe this bill severely undermines long standing principles of balance and fairness in federal labor law. Make no mistake; the purpose of EFCA is not labor law reform. The legislation is a dramatic assault on the rights of employees and employers that threatens to severely undermine any chance at a constructive dialogue on labor law reform.

The key provisions in EFCA represent egregious attempts to limit the rights of employees and employers and will severely diminish the ability of U.S. business to succeed in our globally competitive market. They include the effective elimination of secret ballot voting replaced by a mandate that a union be recognized by a simple majority of signed authorization cards, exposing employees to intimidation and coercion. Along with that, EFCA could impose on the employer and the bargaining unit a two year, binding contract wherein economic terms such as wages, benefits, and work rules are unilaterally determined by a federal arbitrator for first contracts without a ratification vote by employees or the opportunity for dissent by the employer.

Neither of the above provisions, alone, or in combination, will bring about positive change for American workers or employers. This legislation poses not only an assault on an individual’s right to privacy, but a direct threat to economic growth and job creation. However, as more Senators continue to express reservations or outright opposition to card-check as well as mandatory, binding arbitration provisions within EFCA, discussions have begun in some quarters about the possibility of “compromise.” Let us be clear and frank on this matter; there can be no acceptable “compromise” on any issue of labor law reform due to the very real threat posed by EFCA.

Reports of EFCA’s demise seem rather premature when you consider that the legislation boasts 40 Senate cosponsors and 225 House cosponsors, in addition to being passed by the full House of Representatives in the 110th Congress.

Two main topics that have come up in “compromise” discussions, most notably in Senator Arlen Specter’s (D-PA) March 24 floor speech, are the issues of workplace access and so-called quickie elections. Both access and quickie elections deceptively purport to expedite the organizing process when in reality they sacrifice the rights of employees for the wants of professional union organizers; much like EFCA does.

Union access provisions would give non-employee, professional union organizers the right to enter a workplace during work hours to solicit support during a union organizing campaign. Union access provisions will significantly disrupt the working environment of a business, severely hampering day-to-day operations as employees could be approached regularly by professional union organizers while they are performing their job. Employees who support the union currently have the right to campaign on company property, so union organizers are not without workplace advocates under the current law.

Also, professional union organizers are permitted by current law to contact employees outside of the workplace, in the community, and also visits to an employee’s home, which an employer is restricted from doing.

Practically speaking, professional union organizers currently have the advantage of not being restricted in the promises and commitments that they can make during a campaign (i.e., increased benefits, pay, vacation, etc. which may ultimately be unattainable in the labor contract), while employers are restricted by law in what they can tell employees during an organizing campaign. Worksite access and unfettered union campaigning, combined with one-sided restrictions on employer speech, would provide professional union organizers with a greater advantage.

A legislative mandate for “quickie elections” would impose a limited timeframe to complete a secret ballot union recognition election. A short time table, as little as 7 days in some proposals, can virtually eliminate an employers’ ability to provide employees with adequate information about the union, respond to the union’s comments or unionization generally. Such a scheme allows professional union organizers to “campaign” for months, while providing employees with limited – if any - time to hear from their employer about potential downsides to unionization.

“Quickie elections” can deny employees the opportunity to hear both sides of the argument on unionization. Deciding whether or not to join a union will have long-term impacts on workers lives. Limited election timeframes can unjustly curtail an employer’s ability to convey their point of view to their own employees prior to a secret ballot election. Employees should be able to make informed, as well as private, decisions about this important issue. Hearing from just one side denies them that information.

Current federal law provides employers the important opportunity to make their case to their employees, just as the professional union organizers can make their pitch. And, it is worth noting the reality that, in fiscal year 2008, the average time taken for the National Labor Relations Board (NLRB) to complete a secret ballot election was 38 days (down from 50 days in 1980). And, in 2008, 94% of elections were completed within 56 days, with unions winning two-thirds of those elections. These facts clearly debunk the myth that the current NLRB election process is to blame for the decline in union membership in this country.

While “quickie elections” and workplace access are not the only “compromise” ideas that may surface in this debate, it is important that CDW convey the problems that accompany these proposals so that Senators can understand pitfalls that exist in calls for “compromise” on EFCA.

The signatories of this letter represent hundreds of thousands of employers united in our strong opposition to this legislation and opposed to Congressional passage of this legislation or its individual provisions. We regard this bill as the most direct threat to our ability to continue to operate competitively and create jobs.

We therefore respectfully ask you not to support this bill or any “compromise” legislation. For more information, analyses, and polling data showing that more than 70 percent of union households oppose the Employee Free Choice Act, please visit our coalition’s website at www.myprivateballot.com.

Sincerely,

THE COALITION FOR A DEMOCRATIC WORKPLACE

For a complete list of signatories visit www.myprivateballot.com

CDW Press Release

2009-05-04T10:49:00.000-07:00

FOR IMMEDIATE RELEASE CONTACT: Rhonda Bentz

May 4, 2009 (202) 580-7289

CARD CHECK “COMPROMISE” MEANS

WORKER RIGHTS ARE COMPROMISED

EFCA compromise is still EFCA

The Coalition for a Democratic Workplace (CDW) today said that union efforts to trump up a so-called “compromise” on the Employee Free Choice Act (EFCA) will further violate worker rights and place an undue burden on small businesses. With growing bipartisan opposition to card check legislation, Big Labor and their allies are scrambling to cut a deal that keeps EFCA alive. The two most controversial EFCA compromise proposals involve instant elections and expanding union access to employees during the work day.

“There can be no compromise on eliminating the rights of workers to vote by private ballot in union organizing elections. CDW will oppose any federal legislation that deprives American workers of the ability to make a fully informed decision and exercise their right to vote in a secret ballot election without fear of intimidation or recrimination,” said Brian Worth, chairman of the Coalition for a Democratic Workplace.

Backroom deals to save EFCA under the guise of "compromise" are non-starters for workers and small businesses. There is no difference between the anti-worker card check scheme and so-called quickie elections which would penalize small businesses and workers. They both deny workers the opportunity to hear important arguments on each side before a secret ballot election is held. For small employers who are focused on running their businesses, quickie elections deny them the time to ensure that the process is fair. Giving professional union organizers even more access to workers is equally as troubling. Current laws allows for union organizers to contact workers outside the workplace, such as making visits to an employee’s home. Conversely, employers are not allowed to contact employees during non-work hours. Why should businesses be required to subsidize union organizing activities?

“Unfortunately, the EFCA compromise schemes like giving unions unprecedented workplace access are another attack on worker privacy, as the tactics used often lead to harassment by union organizers. Furthermore, these compromises do considerable harm to small businesses, putting unnecessary government burdens on their ability to create new jobs,” added Worth.

A recent study by noted economist Anne Layne-Farrar found that enactment of the Employee Free Choice Act would result in 600,000 lost jobs for every 1.5 million new union members which has been predicted by union leaders. This would lead to millions of jobs lost in subsequent years.

EFCA has experienced a series of significant setbacks since the beginning of the year. Introduction of the bill was surprisingly delayed for several weeks while supporters scrambled to enlist an adequate number of co-sponsors. Even with Democratic electoral gains in the House and Senate, there are fewer legislative co-sponsors this year than in the previous Congress. And more and more lawmakers are raising sincere concerns about the impact of the mandatory binding arbitration provision on jobs and the economy. Key senators, including Democrats Arlen Specter of Pennsylvania and Blanche Lincoln of Arkansas have announced their opposition to the bill. Moreover, a growing number of influential House Democrats have signaled their resistance on the grounds that the economy cannot absorb the negative economic consequences of EFCA.

About the Coalition for a Democratic Workplace

The Coalition for a Democratic Workplace is made up of more than 500 associations and organizations from every state across the nation that have joined together to protect a worker’s right to a private ballot when deciding whether to join a union. In 2008, CDW embarked on a multi-million dollar public education campaign in key states that included polling, television, radio and internet ads and direct mail. For more information and a listing of our membership, please visit www.MyPrivateBallot.com.

OSHA Legislation Introduced

2009-04-29T17:10:00.000-07:00

OSHA just re-introduced the Protecting America's Workers Act in the form of HR-2067 - you can read the full release by clicking here.

The First 100 Days

2009-04-28T17:01:00.000-07:00

CDW trumpets the fact that EFCA has not passed during the first 100 days of the Obama administration... To read the CDW press release click here.

More on EFCA

2009-04-24T14:16:00.000-07:00

Another Key Dem Senator Won't Say... (The Plum Line 4/20/09)

This one is very, very bad news for the Employee Free Choice Act: Senator Jim Webb who was thought by labor to be supportive of the measure, now won’t say whether he’ll cast a key vote for it... (Read Full Article)

Stern Considers Alternative to EFCA (The Washington Post April 20, 2009)

As key senators have announced that they are not planning to support the Employee Free Choice Act, labor leaders put on a brave face, saying they have every intention of finding the needed 60 votes and that it is premature to start talking about alternatives to the bill.... (Read Full Article)

LABI Issues Card Check Alert

2009-04-23T21:26:00.000-07:00

LABI (The Louisiana Association of Business and Industry) just released the following alert concerning card checks:

Congress returned to Washington, D.C. this week from its Easter break to begin hearings on bills, including the Employee Free Choice Act (EFCA) bills (S. 560 by Sen. Ted Kennedy and H.R. 1409 by Rep. George Miller). Details regarding these bills appear below. Action on S. 560 could occur as early as May. The unions have ratcheted up their pressure on Congress in the wake of recent declarations by some of their congressional allies that they are pulling their support for the bill. Labor bankrolled a national TV ad and grassroots campaign during the congressional recess. Things are heating up with this legislation, and it is time for you to weigh in with our congressional delegation.

The national union leadership is highly motivated to pass S. 560/H.R. 1409, and they are literally banking on it. During the first quarter of 2009, there was a substantial decline in petitions filed with the National Labor Relations Board (NLRB) to request secret ballot union certification elections. On average, there were 738 petitions filed during the first quarter in each of the five years prior to 2009. However, there were only 483 petitions filed in the first quarter of this year – a major 35% decline. Why? We suggest that union organizers are literally “holding their cards close to their vests” – the signed cards they’ve already obtained from workers. They are sitting on signed cards signed in the expectation that Congress will soon pass the legislation, at which time they will present those cards to the NLRB and demand to be certified as the bargaining agent for the workers. Those workers might even be some of your own!

Below is information that you can use to develop your personal message to Louisiana’s delegation to express your opposition to the EFCA bills. It is absolutely critical that they hear from you. Only an overwhelming outcry from employers and employees against the EFCA will sway Congress. The vast majority of Louisianans do not support the EFCA, but if we do not speak out, our members in Congress have no way of appreciating the depth of their constituents’ opposition to these bills. Not only should you contact our members of Congress, but you should encourage your business associates and your employees to contact them, as well.

THE EFCA AND WHY IT’S BAD

Enactment of the EFCA undermines long-standing principles of fairness in federal labor law in an effort to slant that law in the favor of unions against employers. It would do away with a balanced, proven approach to labor/management relations and, in effect, remove from workers a level of protection when choosing whether or not to be represented by a union. A secret ballot ensures that neither the employer nor the union knows how someone votes. While the EFCA is being promoted as “labor law reform” to level the playing field and allow employees to more easily form unions, it does not represent “reform” in any sense of the word. Rather, it is a dramatic assault on the rights of employees that threatens to severely undermine any chance of a constructive dialogue on labor law reform.

The two key provisions in this legislation constitute an attempt to limit the rights of employees, and such provisions will diminish the ability of Louisiana’s businesses to succeed in the globally competitive marketplace. These provisions include:

The effective elimination of secret ballot voting replaced by a mandate that a union be recognized by a simple majority of signed authorization cards. This is the provision from which the “card check” nickname for the bill comes. If this provision is enacted, the current system of a federally supervised election process by which employees decide whether or not to have a union in their workplace would rarely, if ever, occur. No union would chance a secret ballot election when getting a few more signatures on cards would guarantee victory.

Furthermore, unlike the secret ballot election in which all employees get a chance to weigh in on whether they are to be represented by a union, the card check procedure disenfranchises some workers. Employees who are not offered a card to sign would be forced into a union without ever getting to vote and would effectively have no voice in the decision. So, contrary to proponents’ assertions, the legislation would essentially result in employees having less – not more – ability to decide if they wish to be represented by a union.

In contrast to the secret ballot, the card check process would expose employees to a “free for all” environment where any tactic for getting a signature could be used. It is well documented that the card check process for obtaining signatures is routinely characterized by peer pressure, deception, harassment, intimidation, and coercion, including employees being threatened in their homes and other locations away from the workplace.

During a 2004 Senate hearing, Clarice Atherholt of Dana Corporation testified that her company’s employees were pressured by the United Auto Workers (UAW) union in a number of ways during a petition drive just to call an election, including unsolicited home visits. Atherholt said, “Many employees signed the cards just to get the UAW organizers off their back, not because they really wanted UAW to represent them.” Indeed, studies have shown that as many as 28% of workers who sign the cards don’t vote for the union in the privacy of a voting booth.

A two-year binding contract wherein economic terms are unilaterally determined by federal arbitrators for first contracts without a ratification vote by employees. Currently, after a union has been recognized, the parties bargain to a first contract and there are protections to make sure both sides negotiate in good faith. Under EFCA, if a first contract is not agreed upon within 120 days the matter would have to be submitted to binding arbitration and a two-year contract developed and imposed by a panel of government bureaucrats possessing little understanding of the business or the competitive forces it faces.

This contract would cover precise details of how that business would operate for the duration of the contract, including matters such as wages, benefits, ability to use employees most productively, and how many employees would be used for specific tasks. This process would virtually always result in a contract that is beyond what the employer is prepared to accept and provides a strong incentive for the union to drag its feet in negotiations to ensure that the process lasts long enough to end in arbitration.

Finally, this provision would result in employees losing a second vote since they would have no opportunity to ratify the contract, as they currently have in most cases. While the “card check” provision has received most of the media attention, this provision is equally offensive to employers and workers alike.

Neither of the above provisions, alone, or in combination, will bring about positive change for American workers or the businesses that employ them. It is regrettable that the unions have decided to take this route to addressing any shortcomings they may perceive in the procedures for union certification elections. There was a time when unions fought for a worker’s right to a secret ballot election. Now they want to change the rules because they do not win as often as they would like.

Secret ballot elections are the hallmark of democracy. This process has withstood the test of time, not only because of its legitimacy, but because it has signified the democratic principles that our country was founded upon: personal freedom and choice. As residents in a Right-to-Work state, Louisianans overwhelmingly support the right of workers to freely choose whether or not they want to be in a union. S. 560/H.R. 1409 fly in the face of that freedom to choose.

A LABI-sponsored poll conducted last fall shows that Louisianans understand this. Unlike many recent polls about the EFCA, this poll explained the current process for union certification elections and the one that would replace it under the EFCA before respondents were questioned. The poll found that 73.6 % of those surveyed favored the right of workers to a federally supervised private ballot election. When questioned specifically about the EFCA, 64.9% opposed it. And the response among unionhouseholds was even stronger, as 90.7% favored the current system and 72.3% opposed the EFCA. Clearly, the people of Louisiana get it.

This legislation is not only an assault on a worker’s right to privacy. It is a direct threat to economic growth, job retention and job creation. It would have a particularly devastating impact on small employers, who are the primary source for new jobs in our economy. It is a common misperception that unions only look to organize large corporations. In fact, they are far more interested in smaller companies that are more vulnerable because they do not possess the resources to defend themselves against a union organizing campaign.

What is more, unions can organize individual, distinctive work units. Thus, the organizer need only go after an employer’s mechanics or just its clerical staff. Once the union has its foot in the door, it can begin to try to unionize the rest of that employer’s workforce. No employer is immune, and with less than 6% of Louisiana’s workers being union members, our state is a target-rich environment.

Particularly at this time of economic uncertainty, Congress should not enact measures that reduce America’s economic competitiveness. The unions claim that the EFCA should be considered in the context of helping to revive the economy. This bill is anawful idea in good economic times and a catastrophic one during these difficult times. S. 560/H.R. 1409 are anti-business, anti-worker, anti-Right-to-Work, and only intended to satisfy the interests of organized labor.

WHAT MESSAGE TO WHOM

The Situation

In 2007, the bill passed the House easily. However, the Senate failed to bring the bill up for a vote when a vote to invoke “cloture” failed. Cloture is a Senate procedure to end debate and take an immediate vote on the bills under discussion. Without invoking cloture, a filibuster – unending debate -- effectively prevents the bill from advancing.

There are still more than enough votes in the House to pass the bills. However, conservative House Democrats have urged their leadership not to bring the bill up for a vote until the Senate acts on it, since there is a real possibility that the bill may not clear the Senate. As the bills are controversial, representatives from conservative districts would rather not have to vote (bleed over) unless it is going to pass the Senate, too.

Where Louisiana’s House Delegation Stands

Representatives Alexander, Boustany, Cassidy, Fleming, Cao and Scalise are all opposed to the EFCA bills. Thank them for their opposition and urge their continued efforts against these instruments on all fronts.

Representative Melancon has signed on as a co-sponsor of H.R. 1409. Let him know that you are disappointed and urge him to withdraw his support for the bills.

Where Louisiana’s Senate Delegation Stands

Senator Vitter is opposed to the EFCA bills. Thank him for his opposition and urge him to continue his fight against these measures.

Senator Landrieu declined to sign on as a co-sponsor of S. 560. She is deliberating whether to support or oppose the bills. The key vote on the legislation in the Senate will again be whether or not to invoke cloture. If cloture is invoked, there are enough votes in the Senate to pass the EFCA. Thank Sen. Landrieu for not supporting this legislation as a co-sponsor and urge her to oppose cloture any time such a vote regarding this bill occurs.