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Jolie Rouge
12-19-2008, 02:37 PM
The Employee Free Choice Act & The First Amendment

The lefty, long haired, anti capitalism, anti-free trade, anti corporation, anti-free speech (if that speech differs from their views), anti-meat eating, anti-smoking, short-sided, narrow minded, girlie-men, tipo panty, butt-wipe, yellow bellied sons of Marx and Chomsky, anti-American, pro Castro, Pro Chavez, Pro Morales and Ortega, pro Iran, pro Hamas, pro PLO, apologist for militant Islam, America hating, America blaming, anti-investment, socialist, anti-shaving, self-serving, overreaching, cry baby, big government, anti-military, John Wayne hating, Western hating, Reagan hating, (and now Clinton hating), Obama & Oprah worshiping, Mao quoting, code pink butt licking, pro labor union fudge packing, stronzi, frosci, left-wing extremist, pro Allende, pro Sandinista, anti-bathing, anti-drilling, anti-energy, hypocritical, anti Christian, anti Jew, Israel and Zionist hating, moral-relativist, che loving, secularist, French food eating, Kanye West listening, metrosexual, Mother Jones reading, NY Times subscribing, WSJ hating, football hating, cretin, proponents of hemp, rolling stone magazine reading, bong hitting, coke snorting, pro Hollywood, fans of Sean Penn, Streisand listening, Broadway show tune singing, AC/DC hating, heavy metal hating, Toby Keith hating, che shirt wearing, and che tattoo bearing, Whoopie Goldberg loving, Dixie Chick loving, Rolling Stones hating, Chardonnay wine sipping fans of women’s tennis, who’ve never been to church and who don’t comb their hair, who don’t brush their teeth, who favor sex with collies, anti-dog, pro cat, Cuban exile hating, pro 70% tax rate loving, stick it to the man attitude anti-hunting, anti-fishing, anti-gun, blackberry addicted, non-beer drinking, fruity drink sipping, wine cooler buying, fans of Sex & the City, liberal wankers …. out there are touting this BS Free Choice Act so that the Unions can muscle into the workplace.

All these liberal no-nothings (with the exception of George McGovern who correctly opposes the legislation because it is anti-democratic) have no clue how the current system works. This happens to be what I am a specialist in, and I happen to know a little something about labor law.

The current system utilizes a secret vote. Prior to the vote, both side are permitted within limits to campaign pro and against the union. You see folks, there is a First Amendment Right to do so on both sides. If the law passes, then the rights of the employers will be infringed. You see infidels, these wankers out there scream like rabid cats on acid when they feel that “their” first amendment rights are being violated; even though none of their rights have. They are free to go and watch their che movie with del toro with their ben-wa balls up their wazoo. But when it comes to an opposing viewpoint or the first amendment rights of corporations, they scream "foul" and "Halliburton."

In any event infidels, here’s a great op-ed in today’s WSJ on how this proposed law violates the 1st amendment and in the event it does pass, you can bet it will be challenged and hopefully be struck down.

Have a great weekend infidels.

http://www.babalublog.com/archives/010892.html

I think the writer of this blog has been listening to Jeff Dunham ....




... here’s a great op-ed in today’s WSJ on how this proposed law violates the 1st amendment ...

The Employee Free Choice Act Is Unconstitutional
Free speech and the takings clause are at stake
BY RICHARD A. EPSTEIN

A top priority of the incoming Democratic Congress and Obama administration is the misnamed Employee Free Choice Act. The EFCA, as is well known, introduces a card-check procedure that allows a union to gain recognition without an election by secret ballot. Thereafter a government arbitration panel can impose, without judicial review, all the terms of an initial two-year collective "agreement" if the parties cannot negotiate an agreement within 130 days.

It is commonly supposed that economic regulation is immune to constitutional challenge since the New Deal. That's not the case with this labor law.

Consider card check and the First Amendment. Under the National Labor Relations Act (NLRA) today, an employer can insist upon a secret ballot after 30% of workers indicate by card checks their interest in a union. The campaign that follows lets the employer air his views about the downsides of unionization before the vote takes place.

To be sure, the employer's free-speech rights are limited under the NLRA. He cannot threaten to move or shut down if workers vote for the union. Nor can he promise higher wages if they don't. But he can make predictions of what will happen if his firm is unionized, and he can point to the reversal of worker fortunes in other unionized firms.

The Supreme Court (unfortunately, in my view) has held that the peculiar labor-law environment justified these abridgements of ordinary speech rights. But it hardly follows that if the government can curtail speech rights, the EFCA can eliminate them. There is simply no legitimate government interest in promoting unionization that justifies a clandestine organizing campaign which denies all speech rights to the unions' adversaries.

The mandatory arbitration provisions of the EFCA are also constitutionally suspect. True, the takings clause of the Fifth Amendment today is quite lax when the state just restricts how an owner can use his property. But it imposes a firm duty to compensate someone whose property is occupied pursuant to a government decree. The Supreme Court also has established that any company subject to rate regulation (such as in telecommunications, transportation, insurance, etc.) may raise a judicial challenge to secure a reasonable rate of return on invested capital.

These Fifth Amendment protections apply to labor markets. The NLRA strips employers of basic common law rights, including the right to refuse to deal with the union. It imposes on employers (and unions) a duty to bargain in good faith toward a contract. But this duty does not force agreement. Either side is free to walk away from any deal it does not like. Unions can strike, and firms can lock out workers. Today's law, accordingly, restricts arbitration to interpreting existing agreements, not to making agreements from whole cloth.

The EFCA takes away the employer's right to walk. Now the successful union, backed by direct government power -- i.e., mandatory arbitration -- can force itself on the firm. Yet the proposed law does not let any court block the deal or ensure that the mandated terms offer a reasonable return on its invested capital. (Even modern rent control statutes require that much.)

The government-chosen panel could well impose terms that might cripple the firm competitively. Consider that the takings clause surely prevents the government from forcing any person to buy real estate for twice its market value from a seller. That same principle applies to this labor law: No government should be able to force a firm to hire labor at $50 per hour when the company is not willing to pay half that much.

Worse, the EFCA also permits the government arbitrator to strip the employer of all its standard management prerogatives on everything from subcontracting out to promotion policy. By flatly denying the employer any option to walk away, mandatory arbitration under the EFCA runs smack into the takings clause.

Let's hope that the Democratic Congress will moot this analysis -- by refusing to jump head first into a labor-law abyss that promises to wreck labor markets in times of acute national economic distress. The Employee Free Choice Act should not be passed, and it should be struck down by the Supreme Court if it is.

Mr. Epstein is a professor of law at the University of Chicago, a senior fellow at the Hoover Institution, and a visiting professor at NYU. He has consulted on EFCA with employer groups.

http://online.wsj.com/article/SB122964977342320545.html?mod=djemEditorialPage

Jolie Rouge
03-02-2009, 09:06 AM
Card Check: It’s Worse Than You Thought
Monday, March 2nd at 1:44AM EST

So sayeth Mickey Kaus, http://slate.com/blogs/blogs/kausfiles/archive/2009/02/28/card-check-not-as-bad-as-thought-worse.aspx who points out that the legislation appears to allow federal arbitrators to impose a two-year contract in the event that a newly unionized employer cannot come to an agreement with a new union. This will include “freezing in place hierarchies and job categories both across industries and within individual firms.”

How anyone expects the economy to thrive and prosper when government is empowered to swoop down on individual businesses, tell them that they have to abide by a certain agreement with a union and take away the business owners’ abilities to promote, demote, and set up other elements of the hierarchical structure within the company is, of course, anyone’s guess. The people who wrote the card-check bill obviously have an enormous amount of faith in the omniscience and good intentions of government officials.

Won’t it be something when those people see how disastrously things will turn out, assuming that the card-check bill is actually (perish the thought) passed.

http://www.redstate.com/pejman_yousefzadeh/2009/03/02/card-check-its-worse-than-you-thought/

What the Employee Free Choice Act Really Does.
Warning: Complicated and Boring
Tuesday, January 13th at 8:00PM EST

( I don’t care if it’s boring. Read the darn thing anyway. )

The stated purpose of the Act is: “To amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes. “ The Act does three things: it requires certification of a union that can show a majority of employees in an appropriate bargaining unit have signed interest cards, it mandates bargaining within ten days of certification, mediation by the Federal Mediation and Concilliation Service if an agreement is not reached in 90 days and arbitration if mediation does not produce an agreement within 30 days, the award of which will be binding on the parties for two years or longer by mutual agreement, and establishes mandatory injunctions, backpay and liquidated damages, and civil penalties against employers who commit certain unfair labor practices (ULP) during organization or during the pendency of bargaining/arbitration.

The current state of the law is that a union on a showing of 30% interest can petition for an election. The National Labor Relations Board conducts the election and fifty percent plus one of those voting must support the petitioning representative. The unions are being truthful when they say that employers have always been able to recognize a majority holding union. Of course, it was unheard of that one would and even if they did, a dissenting employee could object and force an election. The EFCA is a major change in that it mandates recognition of a union that can show a majority of interest cards and there is no supervision at all by the NLRB as to how the cards are gathered. The cards must be certified by the NLRB, but one would expect that to be a pro forma exercise in a Democrat Administration. It would be up to the employer to monitor for any irregularities, file unfair labor practice complaints, though there are limited grounds for complaint by an employer. One of the great failings of the National Labor Relations Act and most state bargaining laws is that it is totally up to the individual employee to protect that employee’s individual rights. This law aggravates that situation.

Under current practice, an employer usually challenges the description of the bargaining unit and the list of employees and classifications that are appropriately in that bargaining unit. A skillful labor relations director or labor law attorney can make those challenges last a very long time. Frankly, the employer’s objective is to buy time and hope that the employees lose their ardor for a union. Quite often they do. The unions seek to eliminate this tool from the union avoiding employer’s toolkit. Some employers are over agressive and commit unfair labor practices or take actions against employees who support the union. The EFCA dramatically stiffens the penalties for any action against an employee for their perceived support of unionization.

I have very little sympathy for an employer stupid enough to go after union supporting employees or to commit an unfair labor practice in the face of an organizing drive. There are plenty of legal tools and you court what’s called a Giesel order which is an order to bargain without even the demonstration of a majority. That said, a ULP is often in the eye of the beholder. It will take a lot more NLRB field staff to carry out this law and, of course, all of them will be hired by a Democrat management and vetted by the unions. I suspect that a lot of them will come directly over from union steward or business agent jobs. Yeah, they’ll find lots of ULPs. This puts the employer in the position of litigating the ULP through a hostile General Counsel and before a hostile board and probably on to a hostile district and circuit court. Here’s where we’ll pay for the Bush Administration’s sins in not forcing votes to fill vacancies. I’ll guarantee you the BHO administration will fill them quickly. It is a long, lonely, and expensive battle up to the USSC over a labor dispute. I’ve done it a few times through a state labor board and up to the AKSC and even that one is long, lonely, and expensive, and if you don’t get it done before the election year, your appeal just becomes trade goods in the election. I’ve had several meritorious cases sold to the unions in satisfaction of campaign promises. So, the unions argue that the deck is stacked against them under current law. I don’t think it really is; I think most of them just don’t offer much to employees who aren’t malcontents. This will fix all that; the deck is definitely stacked for the union in the EFCA.

Assuming the employer is forced to recognize the union on a majority card count, then you get to the truly insiduous part of the EFCA, and this is the part nobody is talking about. I understand that because half the people who started reading this have already said BORING and gone to something else, and we’re just getting to the boring part.

Jolie Rouge
03-02-2009, 09:06 AM
This law gives what is called interest arbitration for ALL iniitial agreements. Interest arbitration is fairly common in the public sector for police and fire employees and other essential employees. Alaska’s law defines “employees whose services cannot be done without for even the shortest period of time” and then goes on to limit that to police, fire, jail, hospital, etc. employees This law gives interest arbitration to ALL classes of employees on an initial agreement. It also gives the FMCS regulatory power to establish the arbitration processes and standards. Rest assured, the regs will be very union friendly. I dealt with the FMCS quite a bit in the last years before I retired in ‘06 and they remained very much a union friendly organization with a whole bunch of Democrat holdovers running things. BHO will immediately replace any GWB appointees and replace them with people vetted by the unions.

Understand, in the 74 year history of bargaining under the National Labor Relations Act, interest arbitration has never been mandatory for ANY type of employee. This law makes it mandatory for ALL employees on initial agreements and all the standards for that arbitration will be in regulations entitled to great deference by reviewing courts. The law gives the parties 90 days to reach and agreement or the mediation and arbitration process kicks in automatically. My states law works that way but without the time limits. The primary skill for negotiators on either side of the table was to make it take a very long time or a very short time to get to arbitration. This law allows for agreements to extend, but without such an agreement, it is all automatic. Let me assure you that a union that has access to interest arbitration will NEVER reach a voluntary agreement in 90 days or 190 days, they’ll just dance with you and go to arbitration. If you guys think activist liberal judges are bad, you ought to try activist liberal arbitrators, who are mostly wannabe judges or lawyers who didn’t want to hustle the billable hours.

So, the union flops down cards purportedly bearing the signatures of 50% + 1 of your employees and you are forced to recognize them and begin bargaining within 10 days. If after 90 days you haven’t reached a voluntary agreement, the FMCS comes in and tries to muscle you into a mediated settlement with the threat of arbitration hanging over your head. In 20 years of working under a similar scheme, I NEVER reached a mediated settlement with employees who had a right to interest arbitration. So, when you don’t get a mediated settlement, the parties sit down before an arbitrator chosen God knows how and whose qualifications are pretty minimal and he or she, increasingly she, writes the agreement between the Employer and the Union, to which they are bound for two years.

Now what this does is take away another union avoidance tool. OK, so the union wins the right to bargain; you just jerk them around for a year and if you don’t get found guilty of an unfair labor practice, they prove to their supporters that they can’t do anything for them, spend a lot of the parent union’s money, and have nothing to show for it. Current law forbids an election if there has been one within a year. All the employer has to do is get past that year and assert that it has a “good faith doubt of majority,” and refuse to bargain with the union anymore. Then the union has to demonstrate that it still has majority status. Since they’ve spent the last year getting the employees absolutely nothing, that is a hard thing for them to do. This fixes that for the union.

OK, people like me can still figure out ways to challenge bargaining unit definitions, file ULPs for failure to bargain in good faith, and put on interest arbitration presentations that will convince an arbitrator - somewhat. But even with good advocacy, employees with interest arbitration ALWAYS do better than employees who have to strke for a contract. Just look at cop and firefighter wages and conditions in the union states.

The penalties that this law attaches won’t bother WalMart, but they’ll kill a small business, the kind of business most likely to not be able to hire somebody like me and avoid breaking the law - or break it skillfully enough to get away with it. The smaller businesses will just surrender to the onslaught of the union backed by the federal government. The big businesses will look around to see what their competitors are doing. If they’re all going to have the same labor costs, it really doesn’t matter what that labor cost is. See, e.g,, the formerly Big 3 and the UAW.

It’s a brave new world and my resume is about to be worth a whole lot more.

http://www.redstate.com/achance/2009/01/13/what-the-employee-free-choice-act-really-does-warning-complicated-and-boring/

Jolie Rouge
03-10-2009, 03:22 PM
Hey, Rachel, did you read the “Employee Free Choice Act” bill?


No, no she didn’t.

J. Justin Wilson has the vid and administers the spanking: http://laborpains.org/index.php/2009/03/10/rachel-maddow-should-take-her-own-advice-and-read-the-bill/


Rachel Maddow has always been in the bag for big labor, even before she joined MSNBC. Despite that, I gave her more credit than this. During last night’s show she told her viewers to “read the bill,” with the bill being the deceptively-named Employee Free Choice Act. Then, claiming that it’s “really simple to explain,” she doesn’t turn to the bill, but rather to Rep. George Miller’s fact sheet, which was issued by the Democrats on the House Labor and Education Committee…

…If Maddow’s viewers actually took her advice and “read the bill”—not the partisan hack job “fact” sheet she pretended was the bill—they would read that if a union turns in cards representing more than 50% of a company’s employees, “the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection.“


***

More on the Senate Democrats wavering from the WSJ: http://online.wsj.com/article/SB123664230925077531.html


Key Senate Democrats are wavering in their support of legislation that would give more power to labor unions, dealing a setback to labor’s top priority as businesses warn of the damage the bill would cause.

The battle over the “Employee Free Choice Act” — expected to be introduced Tuesday — is seen as a power struggle among labor unions and businesses, as well as a test of whether moderate Democrats and Republicans will push back on Democratic congressional leaders and the Obama administration.

At least six Senators who have voted to move forward with the so-called card-check proposal, including one Republican, now say they are opposed or not sure — an indication that Senate Democratic leaders are short of the 60 votes they need for approval.

The legislation is divisive and distracting, said Arkansas Sen. Blanche Lincoln in an interview Monday. The Democratic lawmaker, who was previously seen as a supporter, said the Senate should focus on creating jobs and improving the U.S. economy. “I have 90,000 Arkansans who need a job, that’s my No. 1 priority,” she said. The legislation, she said, would be “divisive and we don’t need that right now. We need to focus on the things that are more important.”

Sen. Lincoln is one of several moderate Democrats expressing doubts about the Employee Free Choice Act. The bill would allow unions to organize workers without a secret ballot, giving employees the power to organize by simply signing cards agreeing to join. A second provision would give federal arbitrators power to impose contract terms on companies that fail to reach negotiated agreements with unions. Both provisions are strongly opposed by business groups, including the U.S. Chamber of Commerce and the National Association of Manufacturers.

Louisiana Sen. Mary Landrieu and Arkansas Sen. Mark Pryor are among the Democratic lawmakers who have backed off their previous support.

SurferGirl
03-12-2009, 08:05 AM
I must have missed this before or just figured that you covered everything.
I really think this will drive up prices for all the consumers because it will force more companies to go union and we know how the Chicago crowd loves unions. I also feel that it will force many companies to go out of business. This makes me feel like it's the road to socialism or worse.

However I also think this is one step in taking away our secret ballot when we vote. We are all aware of how our right to a fair election was violated by ACORN this past election and more than likely also violated during the primaries.

Don't allow them to take away any more rights. Don't allow the current "president" to become a dictator.

SurferGirl
03-12-2009, 11:20 AM
http://wwwwakeupamericans-spree.blogspot.com/2009/03/petition-against-employee-free-choice.html

Thursday, March 12, 2009
Petition Against Employee Free Choice Act


Urgent PSA from Wake Up America Movement

The next step in the "Change" Administration's attempt to strangle our rights and our economy is an issue we cannot afford to lose. If you have participated in prior W.A.M. ACTIONS - or ever considered doing so, this is the most critical moment and most important Obama move to oppose!

The mislabeled "Employee Free Choice Act" has been slammed into Congress - before the ink is even dry on the insane OMNIBUS Spending Spree. More aptly called "Card Check" - this measure allows an International Union, backed by Obama "community organizers" to infiltrate American businesses - large and small - using the same aggressive intimidation tactics by which they have brought down the banking and lending industries.

Smartly marketed and deceptively portrayed by the well-funded Service Employees International Union, this employment Act is tied directly to Obama's take-over of Health Care (with higher not lower costs for US all.) Their ambitions, unfortunately, don't stop there. SEIU bemoans the fact that less than 6% of American businesses are "unionized."

Their agenda - via "Card Check" - is to pervade all levels and forms of U.S. industry with their own "international" standards and extreme government controls. imagine the impact of this Card Check Law on our already faltering economy!!!

Congressional hearings on Card Check, now in

Your ACTION against CARD CHECK is urgently needed NOW. Click here to MAKE YOUR VOICE HEARD in WASHINGTON on this D.C. led Socialist take-over!

TAKE A STAND AGAINST CARD CHECK! The stakes have never been higher! An immediate organized public OUTCRY is crucial. Forward this ACTION CALL to every American voter, business operator and worker you know! Further Card Check information, Petition and additional ACTION TOOLS are provided by this link.

Go to PETITION+ ACTION at: http://www.wam08.org/TakeaStand.html