Attorney-client privilege is a basic protection of liberty. Yet this Friday, people may begin to find out how little the Obama administration thinks of it. That’s when a Labor Department rule, issued in March and launched in April, fully kicks in, forcing employers to divulge the identities of outside legal help on how to avoid unionization. This "persuader rule," as it is called, also requires such consultants to reveal their own client rosters. Union officials laud the rule as a blow for transparency and a corrective to “union-busting.” In reality, it is a power play designed to minimize the opportunities for nonunion workers to hear an employer’s side of the story during a union organizing drive. Conveniently, the regulation doesn’t apply either to unions or their consultants. As employers gear up to comply, they've gotten unexpected help from federal judges.
His blinkered economic ideas aside, Senator Bernie Sanders at least seems to work within the law. The same can’t be said for one of his presidential campaign outreach advisers, Charles “Chuck” Rocha. Early last month, the webzine Politico reported that Rocha, former political director for the United Steelworkers and now head of a consulting firm called Solidarity Strategies, had been convicted in 2013 of stealing funds from the union. Union Corruption Update has reported on this case. Rocha’s company thus far has received over $200,000 in Sanders campaign disbursements. The revelation suggests that despite the senator’s frequent denunciations of establishment corruption, his populist instincts are less than sound when it comes to hiring campaign help.
Given the roiling conflict in Wisconsin these past four years over the limits of public-sector unionism, it only was a matter of time before the scene would shift to the private sector. This Monday, Governor Scott Walker signed Right to Work legislation. The law, which took effect immediately, bars unions from forcing private-sector employers to fire workers who don’t pay dues. Two dozen other states have similar laws. Yet what really is getting under the skin of organized labor is the triumph of their nemesis, Gov. Walker. More than ever, he looks like a top-tier Republican presidential candidate in 2016. Union leaders are preparing accordingly. And they’re getting help from President Obama.
Expanding union monopoly privileges and the welfare state is a full-time job, especially when it comes to electing political candidates committed to advancing these causes. The AFL-CIO, never late to rise, is getting an early jump for 2016. For the last few months, federation President Richard Trumka has touted freshman Sen. Elizabeth Warren, D-Mass., a Left-populist, as presidential material. The federation has yet to issue a formal endorsement. And the senator has denied plans to run. Yet she could be persuaded to change her plans. The push for Warren is part of a larger effort to identify “pro-worker” candidates who support dramatic hikes in the minimum wage. “That’s the stick we’ll use to measure every candidate,” Trumka said at an AFL-CIO executive board meeting in Atlanta in late February.
Public-sector unions largely owe their growth to their authority to force non-joining workers to put money in their coffers. The Supreme Court believes this authority needs some restraint. By a 5-4 margin, the Court ruled on Monday, June 30, in Harris v. Quinn that nonunion private-sector home health workers cannot be required to support a public employee union even if their wages come from state Medicaid funds. The class-action suit originated in 2010 when several home care workers sued the State of Illinois and two unions, challenging two executive orders issued, respectively, in 2003 and 2009 classifying thousands of these service providers as state employees. The orders, wrote Justice Samuel Alito, violated worker freedom of speech. At the same time, the ruling did not overturn the 1977 decision that justified the public-sector union shop and applied it to non-members.
A fair election campaign operates on the principle of a "level playing field" - while neither side is guaranteed victory, each should have an equal opportunity to state its case. The National Labor Relations Board has an unusual interpretation. On February 5, the NLRB reissued a rule that would curtail the ability of nonunion employers and employees to oppose union organizing drives. This 'quickie' or 'ambush' election rule, is a near rewrite of its 2011 rule change that briefly made it onto the books before being struck down on procedural grounds by a federal court in May 2012. Here, as before, the allowable time frame for opponents of a union drive to express their views would be reduced from 42 days to as few as 10 days.
"Comprehensive immigration reform," like virtually any initiative containing the magic word "comprehensive," looks good on the surface. But the details of the comprehensive immigration bill passed by the Senate in June by a 68-32 margin reveal much wrong underneath. Oblivious to this, top union leaders are gearing up for an all-out blitz this fall to secure passage of a similar bill in the Republican-majority House of Representatives. Led by AFL-CIO President Richard Trumka (in photo), they are obsessed with providing 11 million or more persons illegally in this country with amnesty and eventual citizenship, and with enabling millions of family members to come here to join them.
The AFL-CIO normally is quick to defend the interests of its 57 member unions. But the Washington, D.C.-based labor federation seems happy to make an exception in the case of the National Immigration and Customs Enforcement (ICE) Council. And the reason lies with the union's objections to the new Senate proposal to grant amnesty to virtually all 11 million or more illegal immigrants and expand work visa availability. In its current form, argue council officials, the measure would hamstring ICE agents from protecting the public from dangerous criminals. Toward that end, Council President Chris Crane and nine other members last August filed suit against three top immigration officials in their carrying out of a June executive order by President Obama.
And now there are two dozen. This Tuesday, December 11, the Michigan House of Representatives passed, and Governor Rick Snyder signed, a pair of laws designed to protect employees from having to pay dues (or "agency fees" in lieu of joining) to a union in order to keep their jobs. The measures, one each applying to the private and public sector, make Michigan the nation's 24th state with "Right to Work" legislation. "We are moving forward on the topic of workplace fairness and equality," stated Gov. Snyder during an evening press conference following passage. Unions are taking the opposite view. About 12,500 opponents showed up at the State Capitol Building in Lansing to protest, with about 2,500, many of them shouting slogans, jamming the interior.