The Employee Free Choice Act finally is getting its day in the Senate. Tuesday, the Senate Committee on Health, Education, Labor and Pensions held hearings on the act, which was passed March 1 by a 241–185 House vote. The Employee Free Choice Act, which would level the playing field for employees in deciding whether to join a union, will be introduced in the Senate today or tomorrow. (I’ve blogged a bunch about the Employee Free Choice Act on FDL here, here, here and here.)
The bill faces a tougher time in the Senate than in the House, where nearly all the Democrats and 13 Republicans voted for the bill. Big Business mouthpieces have held their powder for the fight in the Senate, where they are trying to ensure it is not passed with the 60 votes needed to override Bush’s inevitable veto. If you’re in the D.C., area, you’ve probably seen the attacks against unions this week on the cable TV channels. The ads are vicious—actors pretending to be workers slamming unions, cute little kids wondering why unions want to take away the secret ballot election. Millions of dollars are being spent to mislead the public and slur unions through these ads, which are paid for by the erroneously-named Center for Union Facts.
The group, run by Richard Berman, instigator of sleazy PR campaigns like the one he ran against Mothers Against Drunk Driving on behalf of the alcohol industry, refuses to reveal the source of its funding. It’s likely the States Chamber of Commerce and National Association of Manufacturers are among the top contributors to the group, which, when it was formed last year, started out with at least $11 million. (The employee advocacy organization American Rights at Work counters each of Berman’s claims, fact by misleading fact, here.) The amount of money Berman’s vitriolically anti-union group is spending highlights one of the main themes that came out in this week’s Senate hearing: the intensity of employer opposition to workers who seek to form unions. When Sen. Edward Kennedy, longtime champion of the Employee Free Choice Act, asked law professor Cynthia Estlund to describe how the circumstances have changed at workplaces since the nation’s labor laws were established in the 1930s, she responded that employers are much more anxious to avoid unionization and are spending millions of dollars on hiring “union avoidance” consultants.
At union avoidance firms, they teach firms: “What happens if you violate the law? Chances are you won’t get caught. If you do, there will be a second election and employer will win in 96 percent of cases.”
So, while it’s illegal to fire workers for trying to form unions, corporations do it because they know they can get away with it, suffering little or no penalty. As Estlund, a professor at the New York University School of Law, puts it,
It takes years for unfair labor charges [by employees who are fired, or suffer other adverse actions by their employers] to work through the process, so by the time the NLRB [National Labor Relations Board] has validated a first election, years have gone by and the organizing drive is long dead and gone by the time that re-election comes along.
And, as Kennedy pointed out, the average back pay awarded by the NLRB to workers—usually after several years have gone by—is $3,800.
Former Tyco CEO Dennis Kozlowski spent a lot more than that on a poodle umbrella stand for his corporate penthouse. In recent years, corporations have paid billions of dollars to stop workers from forming unions and getting better pay, affordable health care and secure pension—in many cases, spending more to stop unionization than they would if they actually just ensured their employees received family-supportive wages.
And companies that are unionized remain highly competitive: Costco spends 40 percent more on its unionized workforce than Wal-Mart does on its nonunion workforce, yet Costco generates nearly twice as much profit per employee than Wal-Mart’s Sam’s Club. (Economic Policy Institute President Lawrence Mishel pointed out that comparison in today’s testimony.) So, if it’s not really about money, the other option is obvious: Power.
Among the biggest expressions of this power is the so-called secret ballot election process by which workers now indicate whether they want to join a union. During the Senate hearing, Peter Hurtgen, a management lawyer and former Bush appointee to the NLRB, repeated the same tired—and erroneous—management mantra against the Employee Free Choice Act, saying it takes away secret ballot elections. It doesn’t. Under the Employee Free Choice Act, workers have more, not less, choice in how they form a union. Kennedy asked another witness, Errol Hohrein, about his experience with the ballot process. Hohrein recently tried joining the United Steelworkers while at Front Range Energy’s $50 million state-of-the-art ethanol plant in Windsor, Colo.—and was fired. Says Hohrein:
We had a secret ballot election and it didn’t make any difference. The company put pressure on the workers. The company questioned everyone how they were going to vote, they took them in back rooms and browbeat them. They said if the union came in they’d shut down the plant or move or fire everyone. They had absolutely no respect for this election.
Hohrein, a Vietnam veteran and former junior high school teacher with a wife who is a special education administrator, says if the Employee Free Choice Act had been law, he wouldn’t have had to go through the management-controlled election process. Instead, he simply could have signed a card indicating his desire to join a union.
We’re on the brink and no one is looking out for us. What the Employee Free Choice Act does is restore the right to bargain for people like me.
Estlund puts it even more bluntly:
The secret ballot becomes a kind of trapping of democracy, a parody of democracy.
When Sen. Lamar Alexander justified the need for the ballot process at the workplace by comparing the union voting process with Senate elections, Estlund pointed out the inaccuracy of such a comparison.
Imagine Senator, in your first run for election, the employer employed all your voters…and whatever the results of your election, the incumbent will stay in office.
Some 60 million wage workers say they would join a union if they could—and that’s a lot of power. Power that employers are willing to spend billions of dollars to stomp out. As Estlund puts it:
The modern anti-union campaign, as it has been honed in recent years by growing legions of well-paid “union avoidance” consultants, makes the secret ballot a wholly inadequate guarantee against coercion and intimidation. The standard employer campaign includes express or implied threats to shut down or relocate the business, predictions of violence and confrontation, of lost business and degraded workplace relations, of refusal to grant concessions or even maintain existing benefits….[T]here is no reason to believe that employers will stop making exaggerated predictions of disaster and of their own recalcitrance that lead employees to fear the consequences of forming a union. The secret ballot is no protection whatsoever against that kind of intimidation.



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Imagine Senator, in your first run for election, the employer employed all your voters…and whatever the results of your election, the incumbent will stay in office.
Tula! That is the Republican ideal of fair elections, btw.
Tula!
If you want to find out who is funding anti-worker efforts, no need to look any further than BIPAC and NAM.
Sleazy PR campaign?
That’s a first!
Thank you for your tenacity, Tula. Glad you are covering labor, doing a great job.
Thanks, Tula – this is so very important. The unions are, I believe, the biggest reason we had a middle class, and as the unions go, so does the middle class.
Big props for the thread – and great title, too!
I often spin in circles with people who mistakenly believe that “unions are ruining American jobs”. Serious pet peeve of mine… it’ll get me rattling off details for 10 minutes when someone spouts that nonsense.
Isn’t it 60 votes to break a filibuster, 67 (2/3 of 100), or 66 of 99 without Johnson, to override a veto?
Great stuff.
I’d like to cross post this at our Roots Project site, Tula. Any objections?
A nit: It takes 60 votes to beat a filibuster; but it takes two thirds of each house to override a presidential veto.
I believe, but somebody can nitpick me on this, that’s two thirds of those present and voting. So, maybe sixty votes would do it if enough Republicans were distracted and kept off the floor by a subsidized day-long session with a houseful of prostitutes. Oops, Dusty Foggo’s gone, scratch that plan.
Is there some way those of us who do not work for someone else can join a support group that defends the rights of employees to form and build a union, or is there a non-member advocacy group that is part of one of the big unions?
I have friends and family who are union members, I would like to support them, any way I can.
Anyone know of a good union-support I can join that does not require me being a member of that work force?
Mr Sampson is back to suffer more questions.
A purely subjective opinion; In the 60’s I was a member of the Operating Engineers, I made a decent wage and had medical coverage and a pension.
In 1985 my family moved to Oregon and I was offered a job for not much more money than I was making in the 60’s without any benefits at all and could not support my family, so both my wife and I had to work.
The union battle is the extension of a war that has been fought for thousands of years as those who work receive little as the smaller group of owners receive much. To argue against them is saying that it is okay to work for bupkes while those paying wages receive all.
It humanely levels the playing field so to speak. Unions give labor collective power against those who can fire at whim or convenience. We have a voice that we don’t have without them.
Their demonization and destruction started for me with the Union busting regan administration and if we the cannon fodder, grist for the mill lay down they will use us as paving for their heinous greed and personal agendas.
You who label yourself as liberals remember it was us who died organizing, it was us who brought decent conditions to work in, us who established forty hour work weeks and so many other benefits owners kept for the few.
JEP – you can buy union goods & services.
You can also write LTEs about companies that support union workers and about those who don’t. Help educate others about how much the union has helped create the middle class, and how little perks like safe workplaces, fair wages and overtime are things we wouldn’t have if it were not for unions.
You can also join in union-supporting activities, like promoting the union and helping union workers who are striking. Keep your eyes and ears open, read the papers and maybe talk to unions that you particularly want to support – find out if they can use any help to get their message across to the general public.
If you want, you can even pay to join a union for no apparent reason (LOL). Otherwise, I’m not sure what you’re looking for.
I’m sure you all saw the Circuit City story yesterday whereby they fired thousands of salesmen being paid $10-$12/hr and replaced them with an $8/hr sales force.
This is all part of the attempt to force Americans to be satisfied with lower wages. And, it needs to be addressed.
landofthefree @ 14
a way to provide serious support…
This thread was poorly planned, the timing is lousy.
Maddy @ 13
I was in local 701 also,mid eighties my dad was president of 701.
What equipment did you run and where?
Thanks, Tula.
I may not always comment, but that doesn’t mean I don’t read.
What people don’t realize is that real wages in this country have dropped precisely as the power of unions has dropped; that’s a big reason why, unlike their parents, they can’t survive on two incomes much less one. (Remember when Dad could put you through college on his paycheck?)
JEP -
recall something called National Worker Center in the run up to Nov elections and ACORN is closely affiliated w/ AFL-CIO – might find something at either of these sites
and, here is a list of AFL/CIO Affiliate Orgs
http://www.aflcio.org/aboutus/allies/
and the SEIU site
http://www.seiu.org/
Yes there are many ways the easiest way is call your local union hall (Yep they still exist, check the yellow pages)
JEP @
11
Here is another place so that you can help right away http://www.unionvoice.org/camp…..nate_intro
JEP — I’d appreciate it very much if you would take up criticisms of the blog via e-mal and not rudely in the thread of a guest poster. Thanks. Feel free to e-mail me at ReddHedd AT firedoglake DOT com if you have questions. Tula graciously agreed to do a weekly column for us, and I think this one is quite useful. The hearings in the Judiciary Commitee ran longer than we anticipated — so any planning errors with which you have a problem are mine. I tolerate a lot in the threads, but not rudeness to a guest who puts together a wonderful post for us. There will be more liveblogging upcoming at a decent interval. Thanks.
ok, what the hell is going on -
MSNBC-
Rep. Senators use rare rule to conclude USA hearing ?
Bustednuckles says
March 29th, 2007 at 11:18 am
Roadgrader
Excavators
Backhoe
Dozer
Loader
Goonspoon lolz
More or less everything but cranes
Right now I own a backoe
The media gets to run ad campaigns off anti-union revenue.
They’ll never go to bat for workers, and the efforts to curtail union involvement in politics ,from Reagan’s days forward, have taken hold of media.
Tula thanks for the post, this is something I feel very strongly about, people can say what they will but we are well and truly f@%ked without representation in the form of unions.
OT with apologies for the interruption:
EPU brought up from downstairs…
The minimum wage law is, to many of us, nothing but a scam to allow employers to pay less than a living wage. I do understand that many well intentioned people support the minimum wage bill but I find that it is a total copout.
If the intention was to pay people fairly (sp) then the living wage would be the law.
I live in a city where the living wage is $15.00 hr. Where does 6 or 7 or 8 dollars get anyone in this city other than to the poverty line?
If we do not return to the day of strong unions we will never have a living wage, never have health care, never have equality of compensation and never have security in the work place.
Jeeze there is so much….. I could go on.
Please visit Friends of the American Revolution, a website devoted to the American Revolution, and covering such themes as tyranny, events, people, places, war, oil, JFK, 9/11, historic documents and writings.
Its purpose is to support the efforts of true patriots, as many non-Americans did during the Revolutionary War (hence its name), in their struggle against what I call the counter-revolution, a struggle in which the principal weapons are not muskets, cannon, sabers and flintlock pistols, but information.
See you there!
And one more thing. Tula, thank you so much for the topic with all the kudos I can muster
Christy; Tula’s post, like Phoenix Woman’s yesterday, are both SO important, I simply didn’t understand why they weren’t given a better opportunity to convey those messages, and I WILL avoid such overt criticisms inthe future,but both these issues were imminently important, and if you look at the posts, it is clear they missewd the audience that was ongrossed in the hearings.
Sorry to be so openly critical, but these issues are important enough that they shouldn’t get buried inthe moment, And considering they just shut down the hearing, it isn’t likely this issue will get the scrutiny it deserves.
PS; Christy, I think it was a great post, and meant no disrespect to the poster..
and tried to join myself, sincerely to a cause I really can’t claim, so please look more closely at my other posts, and at the responses to it. There are a lot of us who can’t join a union at work, who would like to take part…
JEP at 31 — Appreciate your clarification on that — am juggling about 80 things at once today, and I think I read your comment wrong, then. It’s tough to get inflection from words on a screen, so I really do appreciate the clarification. Thanks much!
o/t
hearing back on -
oooh they always give the most poisonous darts to everyone’s favorite next door neighbor and all round sweet guy – Richard Durbin – yee haw !!!
Am I on the wrong thread? I wanted to post about unions.
I ran across this at Alternate Brain –
House Minority Leader John Boehner was booed on Wednesday at a construction workers’ union legislative forum for saying the United States needs to fight the war in Iraq or face terror attacks at home.
“Who doesn’t believe that if we just pull out of Iraq and come home that the terrorists won’t follow us here and we’ll be fighting them on the streets of America?” Boehner, R-Ohio, said to members attending the AFL-CIO’s Building & Construction Trades Department’s legislative forum.
Maddy, if you are still here.
Sorry to reply so late, I am at work.
Wanna here something funny?
9 years in the Operating engineers and I never worked a dirt job once.
Always wound up on the water.
Pilebucks, dredges etc.
Wordsmith says
March 29th, 2007 at 11:51 am
I think Eugene Debs is rolling in his grave. The obscenity of ownership society, and all that it represents, is armed and dangerous once again…time to go to the mattresses.
Bustednuckles @ 36
You re making me laugh.When I lived in San Francisco I had a couple pilebutts(pilebuks?) as friends one of whom got fired for carving rosebuds in the forms instead of drilling holes for rebar
JEP and other potential union supporters -
Here are a couple of things you can do:
- Buy services from Working Assets, an offshoot of the AFL-CIO. They have a variety of telecommunication packages: http://www.workingassets.com/
- If appropriate, join the Freelancers Union: http://www.freelancersunion.org/ They help freelancers buy health care and do other things to join together in common cause. They are mostly active in New York, but I understand they are also looking to expand.
- As another commenter noted, join Working America to help the AFL-CIO in its political causes: http://www.workingamerica.org/
- Donate to union-supporting groups, or take actions which they recommend. I’d highly encourage you to look into American Rights at Work: http://www.americanrightsatwork.org/
I hope that helps!
At one of my previous places of work management would wet their pants over plans to reduce the number of union workers. And it never, never, mattered how much the plan cost or if it was likely to work. The point was to have a track record of working to eliminate the unions.
Morons.