Right to Work Blog

Check out the National Right to Work Legal Defense Foundation’s (NRTWLDF) new video highlighting the indictment of 12 union officials for acts of violence against non-union employees and employers in Western New York. A local newspaper compared the acts described in the 62-page federal racketeering and extortion indictment to the mafia television series “The Sopranos.”

To watch the video titled “Union Violence Meets the Sopranos,” click here.

“Maintaining the secret ballot is the best way to protect workers’ privacy and to ensure workers have the ability to vote their conscience without fear of repercussion or retaliation,” Hawaii Governor Linda Lingle said in a statement upon her veto of Hawaii H.B. 2974 (a Big Labor-backed bill to replace Hawaii’s current law that requires an election by secret ballot when workers attempt to organize).

“There is no compelling justification for replacing a fair, democratic process with one that has the potential to erode a worker’s existing rights and protections under the law,” she continued.

Indeed, there isn’t.

The likelihood of this vastly unpopular legislation receiving a two-thirds majority in both chambers of the Legislature by May 1 to override the governor’s veto is slim, but we urge Hawaii’s Right to Work supporters to stand firm in their vocal opposition to this destructive legislation.

Hillary Clinton’s defeat of Sen. Barack Obama keeps her hope of getting the Democrat nomination alive and she has Big Labor bosses to thank for it.

An alphabet soup of labor unions — the American Federation of State, County and Municipal Employees (AFSCME), the American Federation of Teachers (AFT), the Office and Professional Employees International Union (OPEIU) and the Sheet Metal, Air, Rail and Transportation Workers (SMART) — all spent millions in workers’ dues money to ensure her victory. Byron York has the story.

Politicians beholden to Big Labor will stop at nothing to prevent workers from exercising their free choice as to whether to join a union. You can add Los Angeles Mayor Antonio Villaraigosa to that list.

The mayor has decreed that any city project that receives funds from the Community Redevelopment Agency must agree to use union workers.

Rather than ensuring the best quality work at the lowest cost, this special-interest earmark to Big Labor prevents workers who chose not the join a union from getting work from a fund they subsidize with their taxes.

Every month, the Department of Labor announces criminal enforcement actions against labor union bosses and officials who put personal gain above the interest of the membership. March was a busy month. Check out what they reported (the information has been rearranged in date order):

On March 4, 2008, in the United States District Court for the Northern District of Oklahoma, Steve Dobyns, former Secretary-Treasurer of Glass Molders Plastics Local 325, was sentenced to three years probation and ordered to pay the balance of his restitution totaling $415 and a $500 fine. On December 3, 2007, Dobyns pled guilty to one count of embezzling union funds in the amount of $865. The sentencing follows an investigation by the OLMS Dallas District Office.

On March 6, 2008, in the United States District Court for the Northern District of Illinois, Robert Walston and Thaddeus Bania, former President and Comptroller, respectively, of Teamsters Local 743 were indicted as part of a 14-count superseding criminal complaint alleging conspiracy, mail fraud, theft of honest services, and embezzlement of union funds arising from multiple schemes involving the local’s voided October 2004 regular election of officers and a rerun election that was held in December 2004. This indictment supersedes the indictment issued by the grand jury on September 6, 2007 and includes three original defendants who were either officers, agents, or employees of Local 743: Richard Lopez, who was an incumbent candidate for Recording Secretary in 2004 and who also briefly held the position of president after Walston; Cassandra Mosley, a former business agent who resigned in December 2006; and David Rodriguez a former organizer who resigned in July 2007. The superseding information includes a forfeiture allegation of over $2 million dollars in salary, expenses, and benefits. A superseding misdemeanor information was also filed against Mark Jones, a former business agent and director of organizing for the local, involving allegations of opening mail not directed to him relating to the voided mail-ballot election in October 2004. The indictments follow an investigation by the OLMS Chicago District Office, the Department of Labor’s Office of Inspector General, and the United States Postal Inspection Service.

On March 6, 2008, in the United States District Court for the Southern District of Ohio, Brad DuBray, former Treasurer of Carpenters Local 113, was sentenced to three years probation, including six months of home confinement, and ordered to pay restitution in the amount of $12,048.11 and a special assessment of $100. On November 14, 2007, DuBray pled guilty to embezzling union funds in the amount of $14,548.11.The sentencing follows an investigation by the OLMS Cincinnati District Office.

On March 7, 2008, in the County Court of Adams County, Colorado, William J. Kohut, former Treasurer of Amalgamated Transit Union Local 1755, pled guilty to a one count felony charge of forgery. On May 23, 2007, Kohut was charged with theft (one count), identity theft (one count), unauthorized use of a financial transaction device (one count), and forgery (one count), in connection with his alleged conversion of union funds totaling $2,839.65. The plea follows an investigation by the Denver District Office.

On March 10, 2008, in the United States District Court for the Eastern District of Michigan, Darren Johnson, former President of National Treasury Employees Union Chapter 78, was sentenced to three years of supervised release, including six months in a community corrections center, ordered to make restitution in the amount of $13,748.50 and attend a substance abuse program. On December 3, 2007, Johnson pled guilty to one count of bank robbery and incidental crimes. The sentencing follows an investigation by the OLMS Detroit District Office.
On March 12, 2008, in the United States District Court for the Southern District of Ohio, an information was filed charging William Day, former Treasurer of Steelworkers Local 1-1462, with one count of embezzlement of union funds in the amount of $11,140.88. Subsequently, Day pled guilty to the offense. The charge and plea follows an investigation by the OLMS Cincinnati District Office.

On March 14, 2008, in the United States District Court for the Western District of Pennsylvania, Deborah Anthony, former Financial Secretary of Steelworkers Local 1196, pled guilty to one count of embezzling union funds in the amount of $1,245.45. The plea agreement requires Anthony to make restitution in the amount of $34,134.47. On November 7, 2007, Anthony was charged with eight counts of embezzling union funds totaling $6,955.18 and one count of preparing false union records. The plea follows an investigation by the OLMS Pittsburgh District Office.

On March 17, 2008, in the United States District Court for the District of Columbia, a criminal information was filed charging Zona Albritton, former Manager of General Services for AFSCME, with one count of embezzling union funds in the amount of $75,446. The charge follows an investigation by the OLMS Washington District Office.

On March 18, 2008, in the United States District Court for the Middle District of Pennsylvania, Joseph Capece, former Business Manager and Financial-Secretary of IBEW Local Union 163, was sentenced to six months imprisonment, two years probation (to include six months in home confinement), fined $4000 and ordered to pay a special assessment fee of $100. On September 11, 2007, Capece pled guilty to one count of embezzling union funds in the amount of $256,000. Capece had previously made restitution of the full amount, plus any other costs associated with his crime. The sentencing follows an investigation by the OLMS Philadelphia District Office.

On March 19, 2008 in the United States District Court for the Western District of Washington, Karimah Bailey, former Treasurer of AFGE Local 3197, was charged with making a false statement and representation of a material fact, knowing it to be false, on the local’s annual financial report. The charge follows an investigation by the OLMS Seattle District Office.

On March 19, 2008, in the United States District Court for the Northern District of Indiana, Norman K. Brown, former Bargaining Committee Chairperson of UAW Local 2911, pled guilty to embezzling approximately $41,478 in union funds. On March 7, 2008, an information was filed charging Brown with one count of embezzlement of union funds in the same amount. The plea follows an investigation by the OLMS Chicago District Office.

On March 31, 2008 in the United States District Court for the Northern District of Ohio, Kurt E. Swanstrom, former Financial Secretary and Treasurer of PACE/USW Local 5-1560, pled guilty to embezzling union funds in the amount of $12,328, falsification of union records, and filing a false financial report with the Secretary. On January 8, 2008, Swanstrom was indicted on one count of embezzling union funds in the same amount, one count of falsification of union records, and one count of filing a false labor organization report. The plea follows an investigation by the OLMS Cleveland District Office.

Hawaii’s Gov. Linda Lingle’s veto of Hawaii’s version of the Card Check Forced Unionism Bill has infuriated the state’s union bosses who seek to override her decision.

Luckily for workers, Lingle has an ally in this fight. Rep. Colleen Meyer is fighting to prevent an override recognizing that “private businesses could find it a great deal more difficult to operate here in Hawaii if House Bill 2974 becomes law. . . . ”

Meyer continues:

The timing for this bill could not be worse. The cost of living in Hawaii is skyrocketing while our economy is slowing down. On Thursday, ATA Airlines ceased operations. This past Monday, Aloha Airlines laid off 1,900 employees, last week Molokai Ranch laid off over 120 employees, NCL is reducing its cruise ship fleet in Hawaii from three ships to one, and even attractions like Sea Life Park have recently laid off employees.

This bill sends a strong message to businesses that Hawaii is not a business friendly place. According to the American Legislative Exchange Council (ALEC), Hawaii ranked 45th out of 50 states in economic outlook and we ranked 50th out of 50 on the sales tax burden levied on our citizens. The Alliance for Worker Freedom gave Hawaii an “F” in its 2007 National Report Card.

As a champion of workers, Meyers knows that:

A Right to Work law secures the right of employees to decide for themselves whether or not to join a union individually, not as a collective group. Right to Work laws protect the freedom of private AND public sector employees to keep and hold jobs without being required to pay union dues.

2008 is an election year and the Democrats want to “curry favor” with the unions to receive their support in the upcoming contests. It is also convenient that the Legislature passed this bill early, so when the Governor vetoes this bill, the Democrat super majority will be able to override the Governor’s veto during the regular session and avoid the criticism that often is raised when the Legislature calls a special session.

Over the past two decades, union membership has declined nationally, but not so in Hawaii, where 24.7% of our workforce is unionized. That’s the highest percentage in the country. If you compare Right to Work states with those that have “Card Check” laws, the Right to Work states are outperforming the Card Check states.

According to the U.S. Census Bureau, the states that have the highest percentage increase in Gross Domestic Product over the last few years are states with Right to Work Laws. Those states that have “Card Check” laws or high union membership do not perform well at all.

Michigan ranked 48th of 50 and New Jersey was ranked 36th. It is a shame that the Majority Party is putting “political points” and union interest before the economic well being of the people of Hawaii.

I urge the voters of Hawaii to contact their state representatives and senators and tell them not to override the Governor’s veto.

The political free spending ways of the union bosses continue unabated. An analysis by USA Today shows that since 2004 (and the enactment of the McCain-Feingold campaign finance laws) independent political group spending has doubled. With $8 out of every $10 being spent for Democrats, it’s no surprise to find the union bosses priming the pump.

According to “. . . Anthony Corrado, a campaign-finance expert at Colby College in Maine”:

The drawn-out Democratic nomination battle between Barack Obama and Hillary Rodham Clinton has spurred groups to spend heavily, he said. Obama is the top beneficiary, with $7.4 million spent to help his candidacy.

Service Employees International Union [SEIU] has spent the most: $5.2 million. For Pennsylvania’s April 22 primary, 150 members are canvassing and manning phone banks.

USA Today also discovered another fact that should surprise no one. The top three donors are all recipients of mandatory union dues — the SEIU, the American Federation of State and County Municipal Employees (AFSCME) and the American Federation of Teachers (AFT).

Campaign reform was supposed to get big money out of politics. As long as workers are mandated to fund political campaigns, run and supported by union bosses, the spending will continue at record rates.

Spending: Top five donors
The political action committees of
the following groups:

SEIU COPE
Service Employees International Union
Committee on Political Education
$5,187,315.00

AFSCME
American Federation of State County &
Municipal Employees – People, Qualified
$2,566,055.78

AMERICAN FEDERATION OF TEACHERS
American Federation of Teachers, AFL-
CIO Committee on Political Education
$1,784,808.59

An executive order by Democrat Gov. Bill Ritter opened the door to unionization of state employees, and the Colorado Springs Gazette estimates that nearly two-thirds of the state’s 32,000 government employees could be unionized by next month. Ritter’s order opened the door to a Card Check Scheme where, “[i]f 30 percent of the workers in any group sign petitions seeking an election, it allows them to vote on allowing one union to represent them in creating an ‘employee partnership agreement’ with the state.”

Colorado Springs Republican Rep. Bob Gardner, who has complained that unionized employees would demand greater compensation and strain the state’s budget, was not surprised after what he called an aggressive push by union leaders.

Although the order did not mandate binding arbitration, “Ben DeGrow, a policy analyst with the conservative Independence Institute, argued, however, that permitting partnerships opens the door to further allowances, including binding arbitration.”

Putting a layer of bureaucracy between employees and their managers also could serve to remove workers one step further from the taxpayers who are supposed to be their bosses, said Bob Culwell, a supervisor in the state Treasurer’s Office who opposes unionization.

Culwell called the push heavy-handed – he said he knows of state workers who have gotten visited at home by union representatives – and the campaigning has been done by union organizers rather than employees.

“I believe it’s in the realm of absolute metaphysical certitude that it could hurt taxpayers if this happens,” Culwell said. “The union, by definition, would be standing between them and would be operating in the interests of its members and, therefore, to the non-benefits of citizens.”

Hawaii Governor Linda Lingle announced that she will veto a bill that would eliminate a worker’s right to a secret ballot election when deciding whether or not to have union representation in the workplace.

HB2974 HD2, a state version of the Card Check Forced Unionism Bill pending in the United States Senate, would eliminate the secret ballot election.

Under current law, a secret ballot process is generally used to determine whether employees desire union representation. This bill replaces that process with one in which organizers would only need to gather signatures from a majority of employees indicating they were in favor of forming a union.

“. . . [T]his bill would deny workers their privacy and right to a confidential vote when making that decision [unionization] ,” said Governor Lingle. “Maintaining the secret ballot is the best way to protect workers’ privacy and to ensure workers have the ability to vote their conscience without fear of repercussion or retaliation. There is no compelling justification for replacing a fair, democratic process with one that has the potential to erode a worker’s existing rights and protections under the law.”

Three cheers to Governor Lingle for standing up for workers!

The SEIU (Service Employees International Union) has now spent over $1 million in workers’ dues money in Pennsylvania for Sen. Barack Obama.