By any reasonable assessment, the odds are against the United Auto Workers. But the union is going ahead anyway with its effort to nullify a vote by Volkswagen assembly plant workers in Chattanooga, Tenn. to reject UAW representation. On Friday, February 21, only hours before expiration of the seven-day deadline, the union filed an appeal with the National Labor Relations Board (NLRB) to overturn the election, decided by a 712-to-626 margin. The outcome was a bitter pill to swallow. A victory would have served as a springboard for organizing drives at foreign-owned auto plants elsewhere in the South.
All eyes, it seemed, were on Tennessee. The stakes were enormous. If the United Auto Workers got to represent employees at the Volkswagen assembly plant near Chattanooga, which opened in 2011, it could create more organizing successes throughout the South. That gambit now is on hold. Last Friday, February 14, the announcement from VW came: Plant employees, by a 712-to-626 margin, voted to reject UAW representation. In choosing to remain nonunion, the majority expressed their preference for resolving wage, benefit and working conditions issues through a German-style 'works council' rather than formal collective bargaining; VW headquarters has instituted such councils at virtually all its plants around the world.
Though union membership as a share of American workers continues its long decline, union officials in 2013 showed they're not the sort to stand on the sidelines, especially in the legal realm. Organized labor was unusually active last year in using the courts and Congress to press their interests. Their ultimate weapon: immigration amnesty/surge legislation. Eight members of the Senate, four from each party ("the Gang of Eight"), solicited advice exclusively from supporters of open borders in hopes of achieving their idea of "comprehensive reform." The Senators unveiled the measure in April and passed it by 68-32 in June, Yet the bill, deservedly, has stalled in the House. Drafted in secret, with no hearings or debate, it represents a corruption of the political process.
Membership in the United Auto Workers has declined dramatically these past few decades. But its officials at last may have found a way to recapture the glory days: Team up with the Germans. Last month, Sen. Bob Corker, R-Tenn., alleged that an activist board member of Volkswagen Group forced the Wolfsburg, Germany-based automaker to disclose that it was negotiating with the UAW to unionize its Chattanooga assembly plant. This factory, like other foreign-owned plants in the South, is nonunion. The powerful German union, IG Metall, and VW management are backing the UAW's campaign to change that. The UAW recently announced that a majority of workers there had signed cards indicating their desire to join.
A foreign power, in theory, has no authority to dictate another nation's domestic policy. But don't remind the National Labor Relations Board. Late in July the NLRB and Mexico's Foreign Ministry signed a letter of cooperative agreement to promote the rights of Mexican workers on U.S. soil, regardless of their legal status. The pact commits the board to work with Mexican consulates in notifying that country's workers in the U.S. of their rights and to investigate employer violations of labor law against their workers here.
The National Labor Relations Board now will have something it hasn't had in a decade: five full-term members. Just one hour ago, the full Senate approved all five nominees to the board following a deal two weeks ago to break a logjam over two recess appointments. And it's Republicans who appear to have been taken. On July 16, President Obama had named Democrats Nancy Schiffer and Kent Hirozawa to slots vacated by Sharon Block and Richard Griffin, the result of a federal appeals court ruling this past January. Schiffer until last year served as AFL-CIO associate general counsel; Hirozawa is chief counsel to current NLRB Chairman Mark Pearce.
The National Labor Relations Board, strictly speaking, should have shut down nearly five months ago. But it has kept on going anyway. And even if President Obama's slate of five nominees takes office, the issues surrounding its legal limbo almost certainly will continue onward to the Supreme Court. On May 22, the Senate Labor Committee approved all five and sent their names in one package for a full floor Senate vote. In February the president had re-nominated two members, Sharon Block and Richard Griffin, both of whose recess appointments were declared unconstitutional on January 25 by a federal appeals court.
When is a union not a union? Apparently, it's when members say it isn't. Yet a change in terminology can't alter reality. Over the past several years, hundreds of organizations, known as ‘worker centers,' have established a presence in the labor movement, targeting retail and restaurant chains for organizing and picketing. While they don't like being called unions, for all practical purposes they operate as such. And they have the advantage of being outside the jurisdiction of labor law. At least one is a reconstituted key affiliate of the defunct radical network, the Association of Community Organizations for Reform Now (ACORN).
The National Labor Relations Board may be inoperative at present. Yet one of its rulings last month, unless undone, will curtail a longstanding right of employers and individual workers. On December 12, in WKYC-TV Inc., the NLRB ruled 3-1 that an employer must continue to collect dues from union members via automatic "checkoff" even after the collective bargaining agreement expires. The ruling effectively overturns the board's Bethlehem Steel decision of 1962, which ruled against forced dues check-offs following contract expiration. It's another case of President Obama's appointees to the normally five-member body favoring forced unionism.
When is a presidential recess appointment less than an appointment? It would seem when Congress isn't in recess. This Friday morning, January 25, a three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia unanimously invalidated President Obama's three appointments - Sharon Block, Richard Griffin and Terence Flynn - to the National Labor Relations Board (NLRB) of January 4, 2012. The Obama administration is expected to appeal the case, known as Noel Canning v. NLRB, to the U.S. Supreme Court. As Flynn stepped down last summer and another member left in December, the normally five-member NLRB now has only one legitimate member, Mark Pearce.