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Still Waiting for Congress to fix Taft-Hartley By Passing EFCA

Photo from Kheel Center, Cornell University via Flikr/Creative Commons

Sen. Edward M. Kennedy

It has been a decade since Sen. Ted Kennedy first filed the Employee Free Choice Act.

He filed the bill on Friday, November 21, 2003 – almost exactly 40 years after the death of President John F. Kennedy.

A coincidence? Not likely. Here’s the back story:

The Employee Free Choice Act would restore union organizing rights that were taken away by the 1947 Taft-Hartley Act. John F. Kennedy was a member of the Congress that passed Taft-Hartley.

“The first thing I did in Congress was to become the junior Democrat on the labor committee. At the time we were considering the Taft-Hartley Bill. I was against it, and one day in Harrisburg, Pennsylvania, I debated the bill with a junior Republican on that committee who was for it . . . his name was Richard Nixon.” [from a 1960 recording of President Kennedy reflecting on his career]

Both Kennedy and Nixon believed that Nixon won that debate. And just weeks later, Congress passed the Taft-Hartley Act, overriding a veto by President Harry Truman.

President Truman was eerily accurate in his predictions of what the Taft-Hartley Act would do.

Photo from Kheel Center, Cornell University via Flikr/Creative Commons

Photo from Kheel Center, Cornell University via Flikr/Creative Commons

From his radio address to the country:

“The Taft-Hartley bill is a shocking piece of legislation. It is unfair to the working people of this country. It clearly abuses the right, which millions of our citizens now enjoy, to join together and bargain with their employers for fair wages and fair working conditions. …”

“I fear that this type of legislation would cause the people of our country to divide into opposing groups. If conflict is created, as this bill would create it—if the seeds of discord are sown, as this bill would sow them—our unity will suffer and our strength will be impaired.”

From his veto message to Congress:

“When one penetrates the complex, interwoven provisions of this omnibus bill, and understands the real meaning of its various parts, the result is startling. … the National Labor Relations Act would be converted from an instrument with the major purpose of protecting the right of workers to organize and bargain collectively into a maze of pitfalls and complex procedures. … The bill would deprive workers of vital protection which they now have under the law…. This bill is perhaps the most serious economic and social legislation of the past decade. Its effects–for good or ill–would be felt for decades to come.”

Fast-forward through those decades, and read the testimony of former National Relations Labor Board Hearing Officer Nancy Schiffer:

“At some point in my career… I could no longer tell workers that the [National Labor Relations] Act protects their right to form a union. … Over the years, the law has been perverted. It now acts as a sword which is used by employers to frustrate employee freedom of choice and deny them their right to collective bargaining. When workers want to form a union to bargain with their employer, the NLRB election process, which was originally established as their means to this end, now provides a virtually insurmountable series of practical, procedural, and legal obstacles.”

Read this report by researchers at the University of Illinois-Chicago:

“Each year in the United States, more than 23,000 workers are fired or penalized for union activity. Aided by a weak labor law system that fails to protect workers’ rights, employers manipulate the current process of establishing union representation in a manner that undemocratically gives them the power to significantly influence the outcome of union representation elections. … Union membership in the United States is not declining because workers no longer want or need unions. Instead, falling union density is directly related to employers’ near universal and systematic use of legal and illegal tactics to stymie workers’ union organizing.”

Read the report by Cornell University Professor Kate Bronfenbrenner:

“Our findings suggest that the aspirations for representation are being thwarted by a coercive and punitive climate for organizing that goes unrestrained due to a fundamentally flawed regulatory regime … many of the employer tactics that create a punitive and coercive atmosphere are, in fact, legal. Unless serious labor law reform with real penalties is enacted, only a fraction of the workers who seek representation under the National Labor Relations Act will be successful. If recent trends continue, then there will no longer be a functioning legal mechanism to effectively protect the right of private-sector workers to organize and collectively bargain.”

Now, go back and consider President Truman’s most serious prediction from 66 years ago: that the Taft-Hartley Act “would cause the people of our country to divide into opposing groups. If conflict is created, as this bill would create it—if the seeds of discord are sown, as this bill would sow them—our unity will suffer and our strength will be impaired.”

President John F. Kennedy

Think about our national politics.  Isn’t our country divided enough? Isn’t it time to reverse the process started by the Taft-Hartley Act?

It’s been a decade since Sen. Kennedy first filed the Employee Free Choice Act.  Next week, we will mark a half-century since President John F. Kennedy died.

 

Isn’t it time to yank the roots of discord, start ending the conflict, and heal the division that was created by the Taft-Hartley Act?

————

To my long-time readers: apologies if this sounds familiar.  Once again, I have just updated last year’s post to reflect the passage of time; there was no reason to write a new post, because things haven’t changed.  So instead of trying to reword things I’ve already said, I’m just going to start using a new hashtag: #dejavu. (You can see all my repeats in one place!)

Actually, it’s not exactly true that “things haven’t changed.”  In this case they are changing — they’re getting worse.  But more on that, tomorrow.

65 Years Later: Time to Start Healing the Divide

Photo from Kheel Center, Cornell University via Flikr/Creative Commons

Sen. Edward M. Kennedy

It has been nine years since Sen. Ted Kennedy first filed the Employee Free Choice Act.

He filed the bill on Friday, November 21, 2003 – almost exactly 40 years after the death of President John F. Kennedy.

A coincidence?  Not likely.  Here’s the back story:

The Employee Free Choice Act would restore union organizing rights that had been effectively stripped by the 1947 Taft-Hartley Act.  John F. Kennedy was a member of the Congress that passed Taft-Hartley.

“The first thing I did in Congress was to become the junior Democrat on the labor committee. At the time we were considering the Taft-Hartley Bill. I was against it, and one day in Harrisburg, Pennsylvania, I debated the bill with a junior Republican on that committee who was for it . . . his name was Richard Nixon.” [from a 1960 recording of President Kennedy reflecting on his career]

Both Kennedy and Nixon believed that Nixon won that debate.  Weeks later, Congress passed the Taft-Hartley Act, overriding a veto by President Harry Truman.

President Truman was eerily accurate in his predictions of what the Taft-Hartley Act would do.

Photo from Kheel Center, Cornell University via Flikr/Creative Commons

Photo from Kheel Center, Cornell University via Flikr/Creative Commons

From his radio address to the country:

“The Taft-Hartley bill is a shocking piece of legislation.  It is unfair to the working people of this country. It clearly abuses the right, which millions of our citizens now enjoy, to join together and bargain with their employers for fair wages and fair working conditions. …”

“I fear that this type of legislation would cause the people of our country to divide into opposing groups. If conflict is created, as this bill would create it—if the seeds of discord are sown, as this bill would sow them—our unity will suffer and our strength will be impaired.”

From his veto message to Congress:

“When one penetrates the complex, interwoven provisions of this omnibus bill, and understands the real meaning of its various parts, the result is startling. … the National Labor Relations Act would be converted from an instrument with the major purpose of protecting the right of workers to organize and bargain collectively into a maze of pitfalls and complex procedures. … The bill would deprive workers of vital protection which they now have under the law…. This bill is perhaps the most serious economic and social legislation of the past decade. Its effects–for good or ill–would be felt for decades to come.”

Fast-forward through those decades, and read the testimony of former National Relations Labor Board Hearing Officer Nancy Schiffer:

“At some point in my career… I could no longer tell workers that the [National Labor Relations] Act protects their right to form a union. … Over the years, the law has been perverted.  It now acts as a sword which is used by employers to frustrate employee freedom of choice and deny them their right to collective bargaining. When workers want to form a union to bargain with their employer, the NLRB election process, which was originally established as their means to this end, now provides a virtually insurmountable series of practical, procedural, and legal obstacles.”

Read this report by researchers at the University of Illinois-Chicago:

“Each year in the United States, more than 23,000 workers are fired or penalized for union activity. Aided by a weak labor law system that fails to protect workers’ rights, employers manipulate the current process of establishing union representation in a manner that undemocratically gives them the power to significantly influence the outcome of union representation elections. … Union membership in the United States is not declining because workers no longer want or need unions. Instead, falling union density is directly related to employers’ near universal and systematic use of legal and illegal tactics to stymie workers’ union organizing.”

Read the report by Cornell University Professor Kate Bronfenbrenner:

“Our findings suggest that the aspirations for representation are being thwarted by a coercive and punitive climate for organizing that goes unrestrained due to a fundamentally flawed regulatory regime … many of the employer tactics that create a punitive and coercive atmosphere are, in fact, legal. Unless serious labor law reform with real penalties is enacted, only a fraction of the workers who seek representation under the National Labor Relations Act will be successful. If recent trends continue, then there will no longer be a functioning legal mechanism to effectively protect the right of private-sector workers to organize and collectively bargain.”

Now, go back and consider President Truman’s most serious prediction from 65 years ago: that the Taft-Hartley Act “would cause the people of our country to divide into opposing groups. If conflict is created, as this bill would create it—if the seeds of discord are sown, as this bill would sow them—our unity will suffer and our strength will be impaired.”

President John F. Kennedy 

Think about this past election.  Isn’t our country divided enough?  Isn’t it time to reverse the process started by the Taft-Hartley Act?

It’s been nine years since Sen. Kennedy first filed the Employee Free Choice Act.

A year from now, we will mark a half-century since President John F. Kennedy died.

 

Isn’t it time to yank the roots of discord, start ending the conflict, and heal the division that was created by the Taft-Hartley Act?

 

 

This Thanksgiving (and every Thanksgiving) Unions Are Giving Back

Vintage-Happy-Thanksgiving-card

The “union-avoidance” industry isn’t taking the election results lying down.  The Andrew Breitbarts of the world are already busy spinning the Hostess Brands liquidation and Wednesday’s planned protest in Los Angeles.  (If you’re wondering: there may be delays on surface streets around LAX – but the protest is not expected to impact any air travel.)

In these days leading up to Thanksgiving, you’re probably going to hear a lot of other anti-union stories in the media.  (The union-busters have a lot of money to spend on PR.)

What you’re probably not going to hear is how union members nationwide are celebrating the holiday.  A quick sampling:

  • In Palm Beach, Florida, labor unions are part of “The Big Heart Brigade”.  Last Thanksgiving, the Brigade fed 100,000 people – and they are hoping to feed even more, this year.   “Several local unions have already donated time and funds to help, including Plumbers and Pipe Fitters (UA) Local 630, Ironworkers Local 402, Electrical Workers (IBEW) Local 728, Communications Workers of America (CWA) Local 3181 and Machinists (IAM) Local 971.”
  • Feed The Community Day

    Near Los Angeles, ILWU Local 13 is holding their 15th annual “Feed the Community Day”.  They will be distributing 1,500 turkey baskets with all the trimmings to help feed low-income families in surrounding communities.

  • Throughout the country, IAFF Locals are giving coats to kids through “Operation Warm”. IAFF Local 157 is distributing more than 2,000 coats to needy children in Oklahoma City, OK.  IAFF Local 215 is giving away almost 1,000 coats in Milwaukee, WI.  In New Jersey, IAFF Local 2657 is donating 350 coats.  In Pennsylvania, IAFF Local 10 plans to give a new coat to every single child who attends George Washington Elementary School, after firefighters noticed that most students didn’t have anything warmer than a hooded sweatshirt (87% of the school’s families live at or below the poverty line).
  • And of course, Hurricane Sandy relief efforts will continue through the holiday.  Nationwide, union members are contributing to various Hurricane Sandy Relief Funds.  Union members in the hardest-hit areas will continue to do what they have been doing for weeks: cleaning up, fixing up, and taking care of the people around them.

This Thanksgiving, let’s give thanks for our union brothers and sisters.  Our union family is not just standing behind us in our workplaces – unions are giving back to our communities, making things better for families in need.

 

 

Telling the Truth About Unions And Hurricane Sandy

photo by Dan DeLuca via Flikr

photo by Dan DeLuca via Flikr
Have you heard the story about non-union utility crews getting turned away, after Hurricane Sandy?

The story isn’t true – but it’s still being spread.

It started before the election.  The story spread so far and so fast that five utility companies issued public statements saying it wasn’t true.

A full week later, the story was still being spread – by an anti-union newspaper, the Las Vegas Review-Journal.

Does this remind you of anything?  Maybe Mitt Romney’s infamous allegations about Jeep moving production to China?  Again, that story was immediately and thoroughly debunked – by the company – but Romney’s campaign kept spreading it, through television and radio ads.

Truth? Romney’s pollster said it didn’t matter:  “We’re not going to let our campaign be dictated by fact checkers.”

Yes, there’s a connection here.  Romney’s campaign was funded by many of the same people and corporations that have invested millions in the “union avoidance” industry.  Take a few minutes and read this analysis of the 2010 electionsIt’s the very same players, now:

  • Karl Rove, of election night meltdown fame, toured the country in 2009 opposing the Employee Free Choice Act;
  •  “Americans for Job Security” is a secretive group run out of a mail-drop box in a UPS store, but they spend millions on false advertising attacking candidates who support labor unions;
  •  “Americans for Prosperity” is run by the Koch brothers, spends tens of millions on misleading ads; and in 2009 sponsored a multi-state publicity tour opposing the Employee Free Choice Act;
  • and the list goes on, and on.

The “union-avoidance” industry doesn’t care about the truth – it just cares about results.  Haven’t heard of the industry before?  Read more about it here and here.


Looking for the truth about how labor unions responded to Hurricane Sandy?
  Read more here and here, and updates on the Teamster’s blog here.

 

[Top image of ConEd workers is by Dan DeLuca via Flickr/Creative Commons]

 

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