Right to Work Blog

“Big labor and the liberal politicians who benefit from its largess are hopping mad about Department of Labor rules that would — gasp! — require that labor leaders be more accountable to those they represent,” the Iowa Messenger opines.

New Department of Labor rules require that officers and employees of unions must file reports detailing any loans or other payments they receive from vendors doing business with the unions. The idea is simply to allow union members to know more about potential conflicts of interest involving their leaders.

Given the too-cozy relationships that have existed in the past among leaders of some big unions and those doing business with them, that sounds like a good idea. Union members are entitled to know when their leaders accept money from outside interests — sometimes in return for favors that don’t benefit the working men and women.

But some unions don’t like the idea.

They’d rather keep their closed-door deals quiet. The AFL-CIO already has filed a lawsuit in an attempt to block implementation of the new rules.

Sen. Hillary Clinton, a leading Democratic Party candidate for president, was quick to side with the AFL-CIO — many union members of which, not just incidentally, aid her campaign. She claimed the rules are “without justification.”

Union members know better, of course.

They are well aware of abuses of trust involving too many of their leaders in the past. And they deserve to have the new reporting rules, simply as a safeguard against such abuses in the future.

Well said!

It is with sadness that we learned, yesterday, of the passing of William F. Buckley Jr. He was a well renowned commentator and intellectual giant.

A touching and telling story about Mr. Buckley was posted by the Rev. Robert Sirico, President of the Acton Institute:

Having been my father’s remote control, I recall one Sunday afternoon in the 1960s being told to stop and back up to the “educational channel,” as it was called.

The Sirico household were not big viewers of what was then Channel 13 in New York, so I wondered what my father was thinking.

I clicked over to the channel and my father said, “Sit down, you’ll learn something.”

Indeed, I did.

Mr. Buckley used his command of the English language to touch the live of countless people. But what many Right to Work supporters may not know, is how Mr. Buckley’s willingness to stand on principle against compulsory unionism, directly influences their lives today.

As discussed in George C. Leef’s book “Free Choice for Workers: A History of the Right to Work Movement,” back in the 1960’s, Mr. Buckley, along with another nationally famous writer, M. Stanton Evans, took on the powerful American Federation of Television and Radio Artist (AFTRA). They went to court to refute AFTRA’s contention that you had to be a union member in order to speak your mind on television or radio.

It took seven years of litigation, but Mr. Buckley and Mr. Evans stood fast to their beliefs. With the able assistance of the National Right to Work Legal Defense Foundation, they succeeded in establishing the principle that formal union membership cannot be a prerequisite for expressing your views on the public airwaves.

“Learn something,” indeed.

Thank you Mr. Buckley.

(It should be noted that the Buckley vrs AFTRA case did not suppress AFTRA ability to compel dues or fees from employees.)

Despite carrying Big Labor’s water for decades, the union bosses are stabbing Hillary Clinton in the back, one by one. With the Teamsters and the “Change to Win” union endorsing Barack Obama, union officials are calling for Hillary to pack it in.

As reported in the Baltimore Sun:

“We do think it is time to bring this nomination process to a close,” said Anna Burger, chair of Change to Win, an umbrella group that [claims] to represents seven unions with 6 million members. Burger made the comment during a conference call with reporters to announce the group’s endorsement for Obama.

Dolores Huerta is the cofounder of the United Farm Workers of America. She is described, by many, as a “civil rights” activist. But she has a long history of opposing basic rights for workers, such as the right to chose whether or not to join a union and the right to vote on unionization. In fact, as far back as 1971, Ms. Huerta said that farm workers “. . . don’t understand democracy, they don’t know what an election is.”

Apparently, neither does Ms. Huerta. That’s why it’s no surprise to see Ms. Huerta demand repeal of Texas’ Right to Work Law during a recent speech at Rice University.

The Rice Thresher newspaper notes that “Huerta said it was important to get rid of the Right-to-Work Act in Texas. . . . The act states that workers do not have to join a union if they choose not to. . . . Huerta said this was the difference between states like California and New York, where all workers are part of a union, compared to Texas, where few workers join unions.”

It’s simply amazing the disdain Ms. Huerta and her ilk have toward workers and their ability to decide whether or not to join a union. Has it ever occurred to Ms. Heurta that when given a choice, many workers just would not join? She probably has, but when it comes to forcing people into the ranks of Big Labor, apparently the ends justify the means.

Freedom of choice is a basic civil right. Too bad these self-anointed “civil rights” leaders can’t see the forest for the trees.

The Las Vegas Review Journal eloquently details the stakes of the upcoming Supreme Court’s case from Maine:

In an important First Amendment case out of Washington state, the U.S. Supreme Court ruled last June that public employee unions must get consent from individual members before using their dues for political purposes.

The union had argued that if a worker didn’t specifically object to the practice, his dues were fair game for labor bosses to spend on political activity.

The Washington Supreme Court upheld the union position, actually ruling that to hold otherwise would violate the union’s right to free speech, ignoring the dangerous ramifications for the free speech rights of the workers who were being forced to financially support political activism with which they disagreed.

Thankfully, the U.S. Supreme Court wasn’t buying such snake oil. Justice Antonin Scalia wrote succinctly for a unanimous court that, “Unions have no constitutional entitlement to the fees of non-member employees.”

On Tuesday, the high court agreed to hear another case involving the use of mandatory union fees.

Nationwide, 28 states authorize public unions to collect mandatory fees from all employees. That means 12 million workers in public- and private-sector jobs are required to pay dues or fees to a union even if they elect not to join, according to the National Right to Work Committee.

The latest case comes from Maine, where the Maine State Employees Association (MSEA) is the exclusive bargaining unit for many state workers. As a condition of employment, even those who elect not to join the association must pay compulsory “agency” fees, supposedly to cover the costs of the collective bargaining that benefits them.

But a handful of non-union state workers in Maine noticed that the MSEA was funneling a portion of their fees to its parent union, the Service Employees International, for use in collective bargaining lawsuits in other jurisdictions. That meant the workers were being forced to help pay bargaining costs incurred by union members in other states.

A federal appeals court upheld this practice, but it will now move on to the top court.

“The case is the latest instance of the justices addressing issues that could erode the power of labor unions,” noted The Associated Press.

Yet, if limiting the ability of organized labor to use coercion to fund its agenda erodes union power, it’s power these groups never should have enjoyed in the first place.

And if the justices rely on precedent, the Maine union will have a tough time during arguments.

In a 1984 case outlined on www.lawmemo.com, Justice Harry Blackmun cited a 1981 decision in which the court unanimously “determined that the {Railway Labor Act}, as informed by the First Amendment, prohibits the use of dissenters’ fees for extra-unit litigation.” Therefore, the Bill of Rights “proscribes such assessments in the public sector.”

That would seem to be right on point, here.

If non-union public-sector workers who are part of a collective bargaining unit — and must be in order to continue their employment — wish to voluntarily donate a portion of their checks to help workers elsewhere in their negotiations with management, fine. But they mustn’t be forced to do so.

This is simply amazing. In one month, the Department of Labor Office of Labor Management Standards accounted for the following criminal activities by union bosses:

On February 4, 2008, in the Douglas County, Wisconsin Circuit Court, John Sigafus, former Secretary-Treasurer of Machinists Local W-335, pled no contest to theft of union funds in the amount of $2,500 or less. Subsequently, Sigafus was sentenced to one year probation and ordered to make restitution in the amount of $5,363.91. The sentencing follows an investigation by the OLMS Milwaukee District Office.

On January 30, 2008, in the Circuit Court of Kanawha County, West Virginia, Timothy A. Wilson, former employee of the Stage and Picture Operators Local 271, was sentenced to two years probation for forgery. On November 16, 2007, Wilson pled guilty to a one count felony charge of forgery in the amount of $168. Prior to the investigation, Wilson paid restitution in the amount of $16,750. The sentencing follows an investigation by the OLMS Pittsburgh District Office

On January 30, 2008, in the United States District Court for the Northern District of Illinois, William Sargent, former Treasurer of AFGE Local 704, was indicted on one count of mail fraud involving a scheme to defraud the union of approximately $31,015. The indictment follows an investigation by the OLMS Chicago District Office.

On January 29, 2008, in the United States District Court for the Western District of Michigan, Brad Harper, former Treasurer of AFGE Local 1629, was sentenced to 14 months in prison and 3 years of supervised release, ordered to pay a special assessment of $100, and ordered to pay restitution in the amount of $75,069.49. On August 9, 2007, Harper pled guilty to one count of making materially false statements on the local’s annual financial report. The sentencing follows an investigation by the OLMS Detroit District Office.

On January 29, 2008, an embezzlement of union funds investigation conducted by the OLMS Seattle District Office resulted in the subject entering into a Pre-Trial Diversion Agreement with the United States District Court for the District of Idaho. Under the terms of the Pre-Trial Diversion Agreement, the subject must complete 40 hours of unpaid community service work, and not hold any union office. Due to the confidential nature of the Pre-Trial Diversion program, details that could identify the subject are not public information. The Pre-Trial Diversion follows an investigation by the OLMS Seattle District Office.

On January 29, 2008, in the United States District Court for the Northern District of Ohio, an information was filed against Kristen Swint, former Vice President and Secretary-Treasurer of Machinists Local 2339-C, charging her with one count of falsifying union records. The charge follows an investigation by the OLMS Cleveland District Office.

On January 23, 2008, in the United States District Court for Connecticut, Timothy C. Ferrucci, former President of Northeast Emergency Services Union, was sentenced to one year probation, which includes six months of home confinement, and ordered to pay a $2,000 fine and make restitution of $27,347. On November 2, 2007, Ferrucci pled guilty to four counts of filing a false report. Ferrucci admitted making false statements on the local’s annual Form LM-3 for the years 2001, 2002, 2003 and 2004. In each of the annual reports, Ferrucci understated the amount of compensation he directly or indirectly received. The sentencing follows an investigation by the OLMS New Haven Resident Investigative Office.

On January 19, 2008, in the County Court of Fremont County, Colorado, Jamie Solis, former President of Steelworkers Local 594, was charged with one count of theft of union funds in the amount of $500 or more, but less than $15,000, by threat or deception. The charges follow an investigation by the OLMS Denver District Office

On January 18, 2008, in the United States District Court for the Western District of Washington, Michael Rutowski, former Treasurer of AFGE Local 2913, pled guilty to one count of making a false and fraudulent representation to a federal agency. The plea follows an investigation by the OLMS Seattle District Office.

On January 18, 2008, in the United States District Court for the Southern District of New York, Salvatore Battaglia, former President of Amalgamated Transit Union Local 1181, the primary union that represents drivers and escorts for school bus companies in New York City, pled guilty to participating in the conduct of the affairs of a racketeering enterprise in violation of 18 USC 1962 (c). Battaglia’s act included the extortion of bus company owners. The plea follows a joint investigation by the OLMS New York District Office, the FBI, and the Department of Labor’s Office of the Inspector General.

On January 16, 2008, in the United States District Court for the Middle District of Georgia, Clarence Morgan, President of Steelworkers Local 2948, was indicted on one count of embezzling union funds in the approximate amount of $20,499. The indictment follows an investigation by the OLMS Atlanta District Office.

On January 16, 2008, in the United States District Court for the Middle District of Georgia, James Eric Kay, former President of Boilermakers Local Lodge 523, was indicted on 43 counts of embezzling union funds in the approximate amount of $16,979. The indictment follows an investigation by the OLMS Atlanta District Office.

On January 16, 2008, in the United States District Court for the Northern District of Indiana, and information was filed against Fredrick W. Jones, former Vice President of Glass, Molders, and Plastic Union Local 285, charging him with one count of embezzling union funds in an amount over $10,000. Subsequently, Jones pled guilty to the offense. The plea follows an investigation by the OLMS Chicago District Office.

On January 15, 2008, in the United States District Court for the Eastern District of Wisconsin, Kim M. Van Handel, former President and acting Treasurer of Steelworkers Local 1980, was indicted on one count of embezzling union funds in the amount of $11,500. The indictment follows an investigation by the OLMS Milwaukee District Office.

As former United States Senator John McClellan pointed out in a speech made on the floor of the Senate, October 7, 1965, “Compulsory unionism and corruption go hand in hand.”

The ultimate cure for union corruption is to end forced unionism so rank and file workers can vote with their wallets when union corruption is uncovered.

California voters rejected Proposition 93, an effort that would have allowed members of the California State Legislature to remain in their current office up to 12 years — longer than they are currently allowed under California’s existing term limits. While term limits is not an issue that the Right to Work Committee is involved in, the story behind this defeat is.

A peek behind the curtain showed that the biggest funder of the campaign to protect incumbent California politicians was Big Labor. The California State Teachers Association donated $2 million to the “Yes on 93” campaign. They were joined by the American Federation of State, County, and Municipal Employees (AFSCME) union’s $970,000 contribution and Service Employees International Union’s (SEIU) $950,000 donation.

Other Big Labor groups gave as well.

With California’s Big Labor unions allowed to extract forced-dues funding from workers, it won’t take long to replenish union coffers.

Here we go again.

It is a good thing that the U. S. Supreme Court “has . . . granted a petition for a writ of certiorari filed by National Right to Work Foundation attorneys for a group of twenty Maine state employees objecting to the misuse of their compulsory union dues.”

Taking their case all the way to the Supreme Court is one of the few ways non-union victims of Big Labor’s gluttonous misuse of their federally granted forced-dues powers can seek redress.

The case, Daniel Locke et al. v. Edward Krauss et al., will directly address whether non-union employees can be forced to pay for litigation activities far removed from their workplaces. But the U.S. Supreme Court’s ruling may provide much-needed clarity to the criteria it had established previously that determine what union activities employees can be lawfully forced to fund.

Though necessary under current law, this piecemeal approach to deciding just how much forced-dues money can be conscripted from non-union workers’ earnings is costly, time consuming, and retroactive. What is really needed is a National Right to Work Law protecting a worker’s right to decide for himself or herself whether or not he or she wants to join, or pay dues or fees to, a union in the first place.

To read more about the case go here.

Disclosing information to their members is not something that the bosses at the AFL-CIO are going to do without a fight. The union has filed a lawsuit to block federal regulators from requiring unions to disclose more information about their officers’ finances, the Washington Times reports.

Under the regulations, officers and employees of a union in many cases must file a report with the Labor Department if they get loans or payments from vendors that do business with the union. . . . The Labor Department says the new rules aim to help disclose potential conflicts of interest. . . .

The Labor Department, in its official rule-making notice last year, cited a dozen examples of questionable financial arrangements at unions, which regulators say could have been discovered through financial disclosures.

“In one case, a union president owned the building where the union rented office space. In another, the spouse of a union employee owned an advertising company that received $245,000 in business from the union.

Andrew Auerbach, deputy director of the Office of Labor Management Standards, yesterday said the labor-reporting requirements have been in place for more than 40 years, and that many of the provisions have been mandated for years.

“The idea behind the legislation was to get information about the union to its members so they can make good decisions,” he said.

For those workers in the 22 Right to Work states that outlaw the forced payments of dues or fees to union bosses, the information would be very valuable. Those rank and file workers who are informed of the “deals” and conflicts can withdraw all of their financial support for the union which is the best antiseptic for corruption.

Unfortunately, the reporting requirement is simply salt-in-the-wound for workers in the 28 forced-unionism states. While they might be educated about what union officials are doing with their compulsory dues and fees they can do little about it. If they stop paying dues or fees they lose their jobs!

Ending forced unionism is the most important reform.

Notwithstanding, the AFL-CIO sues to keep the information away from the workers they claim to be helping.

Interesting, interesting indeed.

The union front group “Republicans Who Care” (which is more appropriately named “Union Bosses Who Crave Forced Unionism Privilege”) got egg on their face as rank and file voters ousted incumbent Rep. Wayne Gilchrest in Maryland in the Republican primary. Gilchrest was the beneficiary of hundreds of thousands of dollars of political largess from the Service Employees International Union (SEIU). The SEIU funneled hundreds of thousands of dollars to aid Wayne Gilchrest’s reelection.

“This is an outrageous money-laundering scheme from a left-wing democratic labor union attempting to assist Gilchrest’s campaign,” said Chris Meekins, Campaign Manager for Andy Harris for Congress. “It is clear Republicans and conservatives are no longer supporting Gilchrest, so he has to turn to people who do - liberal special interest groups.”

FEC documentation clearly outlines the connection between SEIU and Republicans Who Care. On January 14, 2008, Republicans Who Care received $200,000 from the Service Employees International Union’s Political Education and Action (SEIU PEA) Fund. On January 28, 2008, Republicans Who Care purchased $180,000 in ads attacking Andy Harris.

The SEIU labor union is a leader in the battle to eliminate the secret ballot election for workers in union certification drives, supports amnesty for illegal immigrants and taxpayer-funded healthcare. Gilchrest was a leader on several of these issues and recently voted to allow the federal government to virtually force all police, firefighters and emergency medical technicians into labor unions. Gilchrest voted for H.R. 980, the Police Firefighter Forced Unionism Bill, that would federally impose “core labor standards” on all police, firefighters and EMT’s nationwide. Of course, the core standards include forcing all emergency personnel into union monopoly bargaining units and then, ultimately, forcing them to pay union dues and fees as a condition of getting or keeping a job.

Union officials admit passage of the bill would change the laws in at least 21 states and would be the most dramatic change in labor law in decades.