There are a lot of creepy "legal consultants" writing anti-Employee Free Choice op-eds these days as a way to peddle their services to companies fearful of unionization. But attorney Brett Joshpe, the author of "Why You’re Wrong About the Right: Behind the Myths: The Surprising Truth About Conservatives," (which he describes as "probing and hilarious" in his biography) appears to be motivated purely by concern for working people:
Killing EFCA would not only benefit the American economy, it would benefit workers as well. It should be increasingly clear that the interests of labor align with neither.
I want you to know, I’m touched by the depth of his compassion. Really, I am. I can’t seem to find any other articles by Mr. Joshpe fighting for the rights and dignity of working people, but in his bio he does drop the "H" bomb—lets us know he went to Harvard Law and that "his practice focused on wide range of corporate matters, including mergers and acquisitions, private equity, securities and real estate"—so I’m sure his identification with the struggles of working people at this time of economic hardship is both profound and sincere.
Writing in Politico, he says:
The legislation is the big payback to unions who showered Barack Obama and Democrats with campaign cash this past election season.
Or could it just be a part of Obama’s plan to restore the economy and strengthen the middle class?
President Barack Obama, in arguing for passage of the EFCA, might say that “we won” and that Americans voted for this sort of change when they went to the polls in November.
He "might say." As opposed to maybe what Obama did say?
We need to level the playing field for workers and the unions that represent their interests, because we know that you cannot have a strong middle class without a strong labor movement. When workers are prospering, they buy products that make businesses prosper.
Details, details. Brett Joshpe whips out the statistics:
In fact, Americans overwhelmingly — approximately 70 percent — favor preserving the right to vote by secret ballot and oppose card check, meaning Democrats who cater to the Big Labor constituency and defy the will of the voters risk paying a political price.
Funny, no link! Why would that be? Why I think we’ve been down this road before. Republican pollsters McLaughlin & Associates, working for GOP political operative Mike Murphy, who runs an anti-labor lobbying group called Coalition for a Democratic Workplace (because they, too, care so very much about workers’ rights), posed the question for this particular poll like this:
There is a bill in Congress called the Employee Free Choice Act which would effectively replace a federally supervised secret ballot election with a process that requires a majority of workers to simply sign a card to authorize organizing a union and the workers’ signatures would be made public to their employer, the union organizers and their co-workers. Do you support or oppose Congress passing this legislation.
You would think someone smart enough to get through Harvard Law could figure out that the Employee Free Choice Act doesn’t replace "secret ballot," it offers workers (instead of employers) the choice to use either majority sign-up ("card check") or secret ballot. And at no point would "workers’ signatures be made public." Workers have to sign the exact same cards under majority sign-up or secret ballot — having a "secret ballot" election on company property, in front of their supervisors, is just another step.
So guess what that means? Seventy-four percent of Americans oppose a bill nobody’s proposing. Woo hoo! Such are the joys of Brett Joshpe’s link-free journalism.
One grass-roots organization, SOS Ballot, or Save Our Secret Ballot, realizes how unpopular the EFCA measure is with voters, and it is taking its case directly to the people.
When corporate-funded efforts of the Heritage Foundation and the Goldwater Institute are considered "grass roots," you let me know.
Rather than trying to talk over Democrats who are compromised by special interests or spread the message through big business, opponents of the EFCA are bringing their case directly to the people on the grass-roots level.
At moments like these, I must admit — snark fails me.
Perhaps some moderate Democrats will come to their senses…. All they need to do is look at public opinion polls back home to realize the political risk of not doing so.
Yeah they can probably read. When Americans were polled about provisions of the real bill instead of the black helicopter wingnut fantasy bill conducted by GOP lobbyists, they are overwhelmingly supportive (73%). More importantly, 78% say they favor legislation "that makes it easier for workers to bargain with their employers for better wages, benefits and working conditions." That’s a pretty unambiguous statistic, which makes it clear why the bill’s corporate opponents — like Brett Joshpe — feel compelled to lie like bastards and paint themselves as wrapped up in concern for poor workers they’ve never spent a dime to defend over anything else.
And I’m not afraid to link to my source.
Brett Joshpe’s a bit late to the party, but if he’d been paying attention — oh, I don’t know, say last November, he’d remember that nobody’s afraid of da big bad wolf. As Art Levine notes, anti-Employee Free Choice groups spent tons o’ cash in the last election advertising against Democratic challengers Jeff Merkeley, Jeanne Shaheen, Al Franken and Tom Udall. Despite the fact that McCain added it as an all-purpose bogeyman in his stump speech, it didn’t move the public opinion needle squat. John Ensign noted that it was a big fundraiser for the GOP, though. So good luck with that one.
As a student, Joshpe got media attention for a campus group he formed "called Students for Protecting America, which garnered national media attention for its support of the war in Iraq." These days, however, he’s peddling advice to Barack Obama on how to "restore America’s goodwill throughout the world after the damage inflicted by the Bush administration." Party of personal responsibility? No time! Not when there’s such a high demand for right-wing celebrity scolds.
He may not have much of a track record, but I think we can all agree that the concern Brett Joshpe shows for the little people in quite touching. Maybe if things get really tough he can go tell "probing and hilarious" jokes at the food bank.



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Jane,
You’re on fire today!
The anti-labor folks had George McGovern trotting out the “no secret ballot” lie on Diane Rehm’s show last week. It’s remarkably pervasive.
Looks to be about as sensitive as a mushroom.
I have a Free Choice to consider Brian Joshpe as a pea-brained twit.
the whole stimulus/rahm-is-a-schmuck action the last few weeks didn’t leave much time for efca. i’m glad you’re picking up wehre you left off.
just wanna add that we’ve had “card cehck” selection of unions for many years. the only thing is it was voluntary-both sides have to agree. obviously employers hardly ever do, but sometime they do. why aren’t we hearing real life horror stories from these times where card check was employed? b/c there are none, of course. to look at it the other way, we have a real life experience w/ card check. it’s nothing new and it’s worked.
Numbe 9 Thou shalt not bear false witness….
I’d be interested in his splenation of that number 9
Bet he’s on of those rethugs who is missing number 9 on his tablet, oh and number 8 also and uh.. also ..
Yet he never managed to enlist.
De tails are for da little people.
For da big folks, things always turns up heads (as in, “Heads, I win, tails, you lose) and sweet-smelling roses.
But, in America, that’s just how ‘it’ goes-es …
this is interesting.
http://www.nlrb.gov/nlrb/about…..utgers.pdf
Excellent ‘find’, BL.
Damn where do these people come from? Does the GOP have a breeding farm some place? Do they clone these guys from Rush’s butt cells?
I was just watching the Cantor web commercial about how they are back in the saddle (Areosmith not doubt gave him permission to use the song) and you have millions of $’s for electric golf carts and $1 billion for ACORN scrolling by on the screen. F’ing brainless twits.
I actually went to a McGovern book signing on Friday night and confronted him about that. Working on it…
Great, here we have another overly educated self-centered conservative baby-faced douchebag with some old man’s hand up his ass for a few bucks.
Can we ignore him now? Don’t we have enough examples of people willing to choose for others what they would not choose for themselves?
No doubt young Brett argued that he couldn’t go and actually fight in Iraq, you know the MOST important “war” EVAH, because he had to stay here and fight valiantly in the “War of Ideas.”
Now that Jane has defeated Young Brett in this theater, Brett will surely be signing up to go fight islamofascisticfanatictalibanicalism in the Middle East, right? They could use someone with his enthusiasm and strength, oh maybe even his connections in publishing might help too.
http://www.youtube.com/watch?v=PB3yQJsDdmc
But Jane I worry about you. Are you sure you want to engage this hornet’s nest since you’re probably now in the sights of Young Brett’s co-author, SEE Cupps?
http://www.youtube.com/watch?v…..re=related
Jane, please be careful.
College Republicans. The same nest of copulating snakes that gave birth to Norwist and Abramoff. They’ve been pretty quiet lately, but for 25 years they ruled the roost.
Well, Jane did McGovern respond or simply act deaf?
Could you give us a hint?
What the FUCK is THAT?
paging Tbogg…
So I was halway right, they are copulating with snakes made from Rush’s cloned butt cells.
As a one-time McGovern delegate back in the day, he is extremely disappointing in his anti-union actions. He needs to be reminded that:
A) Holding a grudge against the unions for the actions of Union leaders in 1972 does not become him.
B) He diminishes his legacy when he spouts the lies of the anti-union businessmen
one of my dittoheads stock talking points is that Pelosi runs a non union winery. What that has to do with ANYTHING I don’t know. He says she doesn’t practice what she preaches. I say, perhaps she pays enough and provides benefits so there is no need to unionize. But he says it every time her name comes up, which is a lot these days.
The butt cells have always been around. They just see more air time these days.
Some good news
Ditto
Maybe they’ll end up with a Bush Shelf instead? I’ll donate my copy of “My Pet Goat” if they’d like.
How many copies of “My Pet Goat” and “Presidentin’ For Dummies” do they need?
talk about an oxymoron! The Bush Library. why don’t they just start collecting comic books? or use it as a personal bank?
The concern for working Americans from a corporate and securities geek could not but be faux. His compensation and chances of making partner depend on it, especially in the public setting chosen by the Harvardian Mr. Joshpe.
Apart from pre-First World War America — the Gilded Age that gave us Carnegie and Rockefeller, the Homestead and Ludlow strikes — I can’t think of a harsher time for relations between working and corporate America. Globalization and outsourcing, and now a long term economic down cycle, push hard on pre-existing animosities. Even public libraries negotiate with their clerical and service unions as if they were the Teamsters or the UAW.
The good news is that even jobs done by lawyers in Washington are being outsourced in part to places like India, just as radiology and other “media analysis” medical specialties are moving in part offshore. Empathy may infiltrate like water into granite; further job erosion may freeze it, with the result of cracks in the granite. But society, unlike the landscape, can’t operate on a geologic timescale without suffering enormous, unnecessary suffering.
The best thing to do with the faux concerns of this Mr. Joshpe and his army of clones is to refute his Rovian misdescriptions of the purposes and outcomes of laws and policies. Laugh at them in public and in print. Then, like Jane, document their lies and conflicts of interest so that policy makers can’t hide behind them.
Depressions more than good times mean harsh conflicts between the haves and have nots. The government can grease the interplay between conflicting forces, or it can throw sand in the gearworks and let its corporate supporters profit from the sparks while they watch the metal melt over another round at the University Club. Obama knows both worlds. What will he do?
It seems like Brett Joshpee and Betsy McCaughey have been operating from the same playbook. The inclusion of facts is counterproductive unless those “facts” are created to fit the ends.
http://wonkroom.thinkprogress.org/
Now things might have changed since I was growing up but aren’t those called Lies?
Similar to our overly educated self-centered liberal baby-faced douchebag with some union man’s hand up his ass for a few bucks? Never trust an Ivy Leaguer
Brought to us by the same folks who are bitching about EFCA and executive pay restrictions, and complaining about ‘Buy American’ provisions and spending instead of tax cuts as a stimulus.
F*ck them. They haven’t done anything for us in years.
Calling them lies is so partisan – we live in a post partisan world now ya know. *g*
Yes, they have a bunch of breeding farms. Here’s one that’s billed as a think-tank for creating think-tanks:
http://www.rightwingwatch.org/…..lic-policy
Just what we need, right? Kind of like pundits…prepare for many more Brett’s and SEEs:
http://www.nytimes.com/2008/10…..undit.html
yeah no shit
I noticed over at The ‘Tube that Howard The Kurtz wasted no time in getting Miss Cupps on his show to punditificate. It never ends…
They have been working on their breeding farms for a long time
http://www.youtube.com/watch?v=5URYhXE55bo
Thanks, Jane. Yet another fine post.
It seems to me that there is no end to the bullshit and lies as long as the middle class or the poor are the target.
The Stepford Pundits.
as far as I am concerned union membership needs to be the default and voting yourself out needs to be the option, not the other way around
let’s get a few things straight;
the cost of products has almost nothing to do with the price at market, in just about every case the price at market is decided by what people will pay, it’s not decided by supply, it’s not decided by cost
if it were decided by cost yankee tickets would be 50 times more then giants tickets and nikes would cost about 4 bucks
that’s the first thing
second thing is this;
industry has to bargain for everything they purchase, they have to bargain for the steel they buy, the plastic, the wood
they don’t set the price the seller sets the price
the SAME thing NEEDS to be with labor, all a union does is provide the forum so labor can bargain as a collective
the buyer tries to get the best price, they seller tries to get at least proper value for their goods
it is REDICULOUS industry all of a sudden don’t want a “free market” when it comes to labor, they only want that “free market” when it comes to them sending their industry to countries that allow for slave and child laborers
Don’t buy into the demagoguery from either side of the debate on the EFCA, but more importantly, be careful not to equate the good of the union for the good of its members. EFCA is an insult to workers.
http://www.youtube.com/results…..e+McGovern
Link to George Mcgovern ad.
Wait, but if the market won’t pay a price that is above cost then the product will never be made (us automakers…). Some profit is required. And no, the seller does not set the price, the consumer sets the price. The reason Nike’s are expensive is because people are willing to pay so much. If people weren’t willing to pay the high prices then they would be much less expensive.
Well industry has some consistency they don’t want to negotiate for the cost of labor or the price for medicine.
I say we field a candidate who’s platform is “you have to vote yourself out a union not in a union”
THAT would finally give us government closer to “for and by the people” rather then what it has devolved into, “for and by industry”
I also LAUGH at the morons that say, “now that this is a global economy we can’t afford to allow labor to bargain for their fair value”
how obsurd, our economy has ALWAYS been “global” and in point of FACT, this country started BECAUSE the king tried to get rid of tariffs on unfair importing
Sure, let them bargain for fair value, but if their employer goes under (us automakers) because of too much overhead, then they’re SOL.
hey, thanks for commin’ by, man.
read the link. it’s horseshit.
LOL!
Uh, did you catch the name at the bottom of that link? Under “posted by?”
YA! A real expert! LOL!!!!!
Disposable income…don’t leave home without it. 2/3 of the economy is consumer spending. So consumers are tapped out and the econ will continue tanking until dispoasble income returns.
Government spending is all that is left folks. we can’t eat ideology.
yup. one of the ones listed in teh left column is his/hers too. “When I See Eric Cantor I see The Future” Not making that up.
American workers want jobs. They want to keep the ones they have or get better ones. They want to improve the working conditions and pay for the value they add to the businesses, public or private, enterprise for which they work.
Managers’ jobs depend on keeping costs low and prices high. The surest way to lose that job is to allow a union in the door. Not just at a GM or BMW or Honda plant in South Carolina, Alabama or Ohio, but across the board, including at low-tech employers like Home Depot. It’s management catechism; heretics are shunned, stoned or excommunicated. Or, like a gay fundamentalist preacher or Katherine Ross in Stepford, CT, they are reprogammed to get with the program.
EFCA is undoubtedly not perfect. But if it makes it easier to form a union, if it gets the decision out of management’s hopelessly conflicted hands and into those of their employees, labor takes a small step in helping raise its share of the value add pie.
Josh Brettpe needs to realize that “probing” isn’t “hilarious.”
Even if Joe Conason wants to pardon the Bushie anal rapists and their superiors, that doesn’t make it “hilarious.”
Josh Brettpe needs to get himself a new Roget’s.
Brett Joshpe, just another dickhead.