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  #1  
Old 08-21-2007, 09:32 PM
staggerwingbeech staggerwingbeech is offline
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Default Employee Free Choice Act Federal

I am interested in thoughts (both sides) of the pending Employee Free Choice Act.

This proposed legislation would eliminate secret ballot elections for representation purposes and will eliminate the ability for employees to express their preferences in secret.

If passed, a union would gain recognition if 50% of workers sign authorization cards.

Unlike secret ballot elections where a voter makes his or her decision in private, authorization cards are signed in the presence of a pro-union employee or a union organizer.

You do not have to read long to find thousands of examples where organizers threatened workers and of pro-union workers exerting all kinds of pressure, threats and violence to get employees to sign authorization cards.

When there is a secret ballot, however, workers are able to vote their conscience and not be intimidated......by either side.

I find it interesting that unions support card check for organizing yet favor secret ballot elections when it comes to decertifying a union. This is where I belive the unions have tipped their hand. Clearly they are not interested in fairness, rather they are more interested in adding to their coffers.

I favor maintaing the current democratic system which allow voters to make their decision in private, supervised by the NLRB. Anything else seems..........unAmerican

Let the debate begin!
  #2  
Old 08-21-2007, 09:40 PM
joec joec is offline
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First off lets get the record straight your not neutral. We have a legislature to pass and change laws.The NLRA came thru the legislative process it has been amended through the legislative process. A card count by a the NRLB is a secret ballot as well.
The structure as it is set up now a majority can vote in the union thru card count,and the election is scheduled 6 months down the road giving the employer ample time to clean house. You think thats fair ? What if every election in the country ran like that. I think when employees vote for a union thats what they should get a union. Not a delay where management can engage in coercion to stop it. If your so worried about Union coercion the sword cuts both ways. The employees can vote out the union as fast as they can vote it in.
JoeC

Last edited by joec; 08-22-2007 at 10:43 PM.
  #3  
Old 08-21-2007, 09:54 PM
staggerwingbeech staggerwingbeech is offline
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There are two of us that are not neutral Joe.

Here's the question. Why is it unions want card check for representation elections but want to maintain elections for decertifications?

If unions pushed card check for both representation and decertification and allowed employees to go through either process any time they wanted.....now that would be fair.
  #4  
Old 08-22-2007, 05:40 PM
joec joec is offline
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Haaa ha Nice try. The act precludes decertification of Union by either a rival union, or removal of a union under 9(c)(3) for obvious reasons. To decertify a Union in a shop that has a current contract in force, you would also have to remove the existing contract, not just the Union you agreed on the contract with.

The contract has a fixed term on all party’s, contracts have 3 basic tenants offer, acceptances ,and consideration once all party’s have agreed on the final version mutual assent has occurred ,and the contract is binding on all party’s.

The employees have entered into contract for the fixed term of the contract, as well through its representatives.

Your whole argument is, management should be able to do and end run around the contract they agreed on, to make the EFCA fair.

The employee free choice act deals with establishing a contract where none existed in the first place. By adding (if its passed) 9(c)(6)(7) provisions to the act.

You want to repeal 9(c)(3) as well as basic contract law which goes back to Magna Charta at the least.

You got to be joking me with that. If thats the case why cant we all do end runs around contracts left ,and right. Not living up to contracts that is Un-American. Which is why Unions exist in the first place,employers don't keep promises,unless they are in contract.
JoeC

Last edited by joec; 08-22-2007 at 05:47 PM.
  #5  
Old 08-22-2007, 09:22 PM
joec joec is offline
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Quote:
Originally Posted by staggerwingbeech View Post
If passed, a union would gain recognition if 50% of workers sign authorization cards....You do not have to read long to find thousands of examples where organizers threatened workers and of pro-union workers exerting all kinds of pressure, threats and violence to get employees to sign authorization cards.
That is incorrect (A LIE) the board makes the final decision,under the proposed legislation. The union can not just hand over 50%,and get it rubber stamped, so the card count is still supervised by the NLRB.
The machinery already exists in the act under Section 8(b)(1)(B) of the National Labor Relations Act (29 U.S.C.A. § 158(b) (1)(B)), as amended by § 101 of the Labor Management Relations Act of 1947 (29 U.S.C.A. §§ 141 et seq.) makes it an unfair labor practice for a union to restrain or coerce an employer in the selection of representatives for the purposes of collective bargaining or the adjustment of grievances. This statute, its legislative history, and purposes, were examined, reevaluated, and construed by the Supreme Court of the United States in 1974 in the landmark case of Florida Power & Light Co. v International Brotherhood of Electrical Workers (1974) 417 US 790, 41 L Ed 477, 94 S Ct 2737, 86 BNA LRRM 2689,
The employer does not give up his right to challenge the election under 8(b)(1)(B) by the passage of the EFCA.
You don't have to read long to find employers,hiring Union busters like yourself to be out of compliance,before you find coercion. Who is in better position to coerce ? Common sense ,and history point at the employer which is why the act needs amending.
JoeC

Last edited by joec; 08-22-2007 at 09:55 PM.
  #6  
Old 08-22-2007, 09:53 PM
joec joec is offline
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Quote:
Originally Posted by staggerwingbeech View Post

I favor maintaing the current democratic system which allow voters to make their decision in private, supervised by the NLRB. Anything else seems..........unAmerican
Oh my aching back!,this is a shame one only has to click his user name,read his posts.
If he had his way he would repeal the entire act,not just the proposed amendment.

Under the proposed legislation the only jobs in Jeopardy are those of the Union Busters.

Union busters are professional consultants or lawyers, who may represent a legal consortium or consulting firm. These individuals or firms advertise their ability to manipulate the labor law system and specialize in advising employers on how to thwart union organizing drives or how to decertify unions. Union busters usually self-identify as ‘union avoidance firms,’ ‘management consultants,’ "H.R Consultants" or ‘labor consultants".

They are extremely well paid, make no mistake they are staunch opponents of the proposed legislation.
JoeC

Last edited by joec; 08-22-2007 at 09:57 PM.
  #7  
Old 08-22-2007, 11:57 PM
staggerwingbeech staggerwingbeech is offline
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Now Joe, please remember the rules of the board, no personal attacks.

Here's one simple fact. Even with the secret ballot process where people get to make their choice in a private fashion...unions in have fallen from 30% to 7.4 % of private employers since 1978.

There are a lot of reasons behind that. One is that most people believe not only that unions are irrelevant but they are dangerous. Let's face it...there is nothing to sell any more. Unions do not add any value and in fact they destroy it and people see this very clearly....just look at the numbers Joe....7.4% down from over 30% in the span of less that one working career.

We all know why unions are pushing this Act...they are desperate. They cannot survive under fair rules where people vote so they are attempting to take away one of tenets of American democracy...the secret ballot election.

You state my argument is is that "management should be able to do and end run around the contract they agreed on". That is incorrect,

My argument is that if you believe in your product and it's good to have card check for representation elections then it must be good to have card check for decertification elections too.

If unions truely believe that we should all do what is in the employees best interests then why would you not support allowing them to card check out of the union? The answer Joe is that unions are a business and they do not care about employees...they care about getting employees dues.

You ask me "Who is in better position to coerce ?" Please tell me, is there anyone on this earth who feels comfortable with giving the Teamsters the power to intimmdate peole into signing cards without the security of a secret ballot election? Now before you answer....please review a selection of some of the Teamsters finest hours....



Atlanta Teamsters boss Sentenced for Thefts
Teamsters Benefits Manager for Westchester County, N.Y. Local Sentenced
Convicted Teamsters Boss Sentenced for Fraud, Embezzlement
Ousted Chicago teamsters boss Faces Fine, Jail for Violating Gag Rule
Billionaire Clinton Friend, Union Accused of Racketeering
Boston Local Defends Convicted Brother of Fugitive Mobster
Teamsters Houston Boss Convicted for Fixing Re-Election, Taking Kickback
Hoffa Re-Elected for Third Term; Corruption Still a Factor
Atlanta Local Boss Pleads Guilty to Embezzlement
Election Czar Rules Hoffa Crony Stole Funds
National Convention Marked by Tension, Violence
Rochester, N.Y. Local Teamsters boss Pleads Guilty to Embezzlement
Ex-Treasurer of D.C. Local Sentenced, Forced to Repay
Whistleblowers at Houston Local Leads to Boss's Indictment
NYC Waste Haulers' Strike a Legacy of Organized Crime
Former International Union Executive Assistant Sentenced
Ex-Bookkeeper for Tennessee Local Indicted for Embezzlement
Former Teamsters Bookkeeper in Virginia Sentenced for Embezzlement
[b]Union Reformers Accuse Chicago Local of Ballot-Stuffing
Union Dissenters Point to Campaign Violations by Hoffa Allies
Washington, D.C. Treasurer Pleads Guilty to False Entries
New Report Claims Union Is Mob-Free, but May Be a Cover-up
Bonanno Crime Boss Gets Two Life Terms
Members Sues Local Chief & Hoffa Feds Acting on Report of Teamster Corruption in Chicago
Top Hoffa Assistant Suspended
Chicago Local in Turmoil over Officer Elections
Ex-Bookkeeper Charged with Embezzlement in Mass. Court
Top NY Teamsters Boss Ousted by Review Bd.
IRB Bars Ex-Houston Chief from Union
Son of Frmr. N.Y. Union Chief Indicted
Frmr. Teamsters Secy. Confesses Falsification in Indiana Fed. Court
Feds Charge 1st Member of Doyle Dynasty in NY
Case against NY's Top Teamster Boss in Hoffa's Court
Former Ethics Watchdog Points Finger at Hoffa
Teamsters Internal Ethics Watchdog Resigns; Claims Hoffa Obstructs Investigation of Houston, Chicago Locals
Trustee Uncovers Embezzlement, Faces Harassment in NY
Independent Rev. Bd. Hears Charges against Houston Bosses
DOL Obtains Nearly $5 Million Settlement in Cap. Consultants Cases : Houston Local Under Investigation for Possible Kickbacks & Embezzlement
Boston Teamster Boss, Accomplice Plead Guilty
New Indictments of Boston Teamster Boss
More Allegations Surface of Union Featherbedding on Boston Film Sets
Boston Electronics Owner Convicted of Helping Teamsters Boss in Theft Ring
Hoffa NJ Vice President Charged by Union with Mob Links
Ky Sup. Ct. Upholds Indictment of Teamsters in ‘95 Election Case
Ex-Ky. President Sentenced for Using Union Funds to Pay for Car
Independent Rev. Bd. Forces IBT Takeover of NY Local
Ex-Bookkeeper Sentenced for Falsification in Calif.
Ex-NY Teamster Boss Indicted for Extortion
Boston Teamsters Goon Sentenced for Racketeering
Controversial Boston Local under Spotlight for Possible Embezzlement at Airport Parking Garage
Convicted Extortionist Goes from Mass. Sheriff to Union
FEC Finds Widespread Irregularities with Teamster PAC
Union Pension Manager Gets Light Sentence for Kickbacks
Whistleblower on Teamster Racketeering in Mass. Film Industry Vindicated
Ex-Ky Pres. Used Union Funds to Pay Off Car Lease
Ex-Bookkepper Pleads to Falsification of Records in CA
Teamsters Charged with Using Corrupt Audit Firm in Pol. Spending Disclosure
Buffalo Teamsters Hit with NLRB Complaint for Illegal Dues Seizures
Hoffa Seizes NW Airline Affiliate, Fearing Break from IBT
Fed. Investigation of Mobbed-Up Bos. Local Chalks up First Conviction
Did Boston Teamsters Plot with Corrupt Government Agents to Frame Federal Investigators?
IRB Ousts Hoffa's "Duke" for Nepotism
Government Recovers $8.583 Million in Chicago Racketeering Case
NLRB to Prosecute Alaska Local for Beck Violations
Judge Enjoins Inter-Union Infighting to Protect Trouble Local's Integrity (5.12 06/10/02)
Troubled Boston Local's School Ordered to Vacate Rent-Free Lot
Davis, Ansara Sentenced; Pay $1,345,000 in Restitution
IRB Probing Scandal-Scarred Boston Local
Nash Finally Sentenced, Gets Off Easy
Mississippi Teamsters Boss Stole $2,700
Inspector General Sees an Increase in Racketeering Case Activity
Death Threats Alleged in Connection to Racketeering Probe of Boston Local
Indicted Boston Boss Targeted by the Mob
Cleveland Local in Trusteeship; Boss Accused of Unauthorized Salary Increases
Union Fund Manager Admits to Kickbacks
Longshore Union Allegedly Infiltrated by Genovese
Indicted Boston Boss Resigns from Board of State Agency
Boston Boss Faces Embezzlement and Bribery Charges
NLRB Brings Charges Against Youngstown Local
Union Fund Manager Charged
Honolulu Local Liable for Additional $544,000
DOL Attacks Tainted Seattle Election
DOL Wins Subpoena Dispute over Honolulu Local
IRB Accuses New Yorker of Visiting with Reputed Genovese Mobster
Four Months Home Detention for Dayton Boss Who Stole $6,400 Mississippi Boss Allegedly Stole $2,400
Alleged Associate of Boston Boss in Custody
Hawaiian Local Must Pay Nearly $1 Million in Tort Damages to Employer )
California Local’s Videotaping of Employees is ULP
New York Local Violated Federal Labor Law
Appeals Court Reinstates Conviction and Sentence of Chicago Boss Minnesota Local Liable to Overnite for Property Damage
Feds Raid Boston Boss' House
Boss Accused of Fixing Chicago Election;
Union Training School Linked to Corruption Probe (4.12 06/19/01)
Leedham Slate Violated Election Rules;
Ohio Boss Accused of $4,800 Theft
IBT Settles Florida Violence Case
Carey's Permanent Expulsion Upheld
Hoffa Campaign Ordered to Return $42,000 in Contributions
Boston Boss Reportedly Targeting Informants
Bush Nominee Tied to Boston's Local 25 Scandal
HQ Staffer Resigns over $3,400 Discrepancy
Overnite's RICO Suit Rolls On
Attorney Predicts Action on Money-Laundering Scandal
New Info on McAuliffe's Role in Money-Laundering Scandal
Review Board Hears Case Against Detroit Bosses
Carey Indicted! Trumka Next? Hamilton Loses Appeal
Hollywood Talks to Boston Grand Jury
Hoffa Ally Lied about Organized Crime Ties
Teamsters Ethics Code Behind Schedule
Union Pension Managers Guilty of Racketeering
Florida Boss Charged with Extortion & Drug Crimes
Las Vegas Trustee Replaced
Pennsylvania Unionists Sentenced for Assault
Federal Grand Jury Now Probing Trumka
Probe of Boston Local Reportedly Expands
NLPC Files Complaint to Disbar Corrupt Trumka
Massive New York Probe Nabs 11 Union Bosses
Boston Drug Indictment Linked to Local 25
Gore and Corrupt Bosses at Democratic Convention
Chicago Boss Sentenced for Bribery
Film Industry has Massachusetts Local Probed
Kentucky Indictments for 1995 Elections Revisited
Minnesota Local Must Pay Overnite $30,000)
Indiana Bosses Charged with $894,000 Diversion
Detroit Bosses, Hoffa Pal, Accused of Embezzlement
Judge Rejects 2001 Election Rules)
Discrimination Suit Against New Jersey Local Proceeds
Minnesota Teamsters Plead Guilty to Crimes Against Overnite Employees
Ex-Indiana Boss Admits to Conspiracy
Pennsylvania Union Boss Sentenced for Union Violence
Chicago Pension Funds' Scandal Uncovered
Another Teamsters Scandal Figure Sentenced
No DOJ Oversight of 2001 Election
Corrupt Long Island Local Gets Election Go-Ahead
IRB Wants Civil Charges Against Three New York Bosses
Shooting Believed Tied to West Virginia Strike
New Jersey Fund Violated ERISA; Wrongly Denied Pension
California Local Loses Union Dues Suit
Gore Asked to Repudiate Support of Corrupt Unions
Illinois Boss Guilty of Accepting Bribe (3.1 1/3/00)
Hamilton Convicted, Criminal Probe may Expand
Cleveland Plain Dealer's Editorial on the Teamsters Money-Laundering Scandal
Philly Boss Removed, Local in Trusteeship
IRB Charges Carey-aide with $12,650 Embezzlement
Yonkers Local Taken Over, Bosses Ousted
Fired Business Agents Sue Kentucky Boss
Teamsters Corruption Trial Kicks Off
Ohio Local Blamed for Failure of Union Health Plan
Pennsylvania Teamsters Arrested for Beating Clinton Protesters
UPS Employee Files Civil Conspiracy Lawsuit After Stabbing by Teamsters Assailants in Florida
Corruption Charges Oust New York Boss, But Not Family
Felon Returns to Power in Cleveland
California Local Fined Worker Improperly )
Hoffa Campaign's Fine Upheld
IRB Member Didn't Recuse Himself
Hawaiian Teamsters Indicted for Arson
Texas Boss Disqualified from Office
Illinois Boss Guilty of Intimidation
Corrupt New Jersey Local Oversight to End
Ohio Local Charged for Threatening Employee
Three Hoffa Slate Members in Trouble
DOL Forces Return of $20 Million to Pension Plan
Carey Fundraiser, Blitz, Fined $2,000
New York Bosses Return $1.5 Million
Cleveland Boss Sentenced for Perjury
Congress Probes Kentucky Corruption
$729,000 Returned to Teamsters Pension Fund
More Union Arrests in Florida
Kentucky Governor Linked to Union Indictments
A Fifth, Charney, Pleads Guilty in Teamsters Scandal
Hoekstra Investigation gets Hard-Won Documents )
Boss Sentence for Embezzlement
New Jersey Kickback Agent get Probation (
Hoekstra Turns Probe to DOL
Federal Sting Nabs Corrupt Boss
Rerun Election Pushed Back
Texas Boss Gets 51 Months for Theft
Teamsters Bosses Ante-Up $2 Million
A Fourth, Blitz, Pleads Guilty in Teamsters Scandal
Acting-President Sever Reprimanded
Ex-Teamsters Boss to Pay $136,000 for Clean-Up
Cleveland Teamsters Boss Guilty of Perjury
Teamsters Cited for Illegal Dues Collection
Libel Suit Against Teamsters Continues
Tainted Family Returns to Power
Election Monitor Tries to Blackmail Congress
New York Teamsters Indicted
Violent Teamsters Shut Down California Port
  #8  
Old 08-23-2007, 03:58 PM
noiddodge noiddodge is offline
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Ok, keep everything the same, but stop the captive audience meetings. Employers can not "coerce" employees in regards to their decision to join (or not) an existing union (in a right to work state). Or have the employers rep (union buster) and a union rep engage in a debate on the merits in front of the members of the potential bargaining unit. Unions want a level field staggerwing, and they've never had one. As an elected rep for a bargaining unit if i can gain an advantage for my members thru bargaining or legislation i will take it.....that's my "job"

As far as the "list" goes wing....all i have to say is enron.....halburton.....etc, etc. IMHO big business has taken far more from the people than anyone else could ever dream of....

for the record wing i am a 4 yr union member. I was "active" in the organizing of our shop. Former steward, currently serve the members as a trustee and committeeman.
  #9  
Old 08-23-2007, 04:11 PM
cyjeff cyjeff is offline
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Joe,

I don't understand something.

You state that keeping the elections secret enables the company to clean up their act until no union is necessary... at least in the eyes of the voting workers.

Quote:
The structure as it is set up now a majority can vote in the union thru card count,and the election is scheduled 6 months down the road giving the employer ample time to clean house.
Considering that the goal of all this is to improve the worker's state... if there are private elections that encourage worker rights and wants... who loses other than the Union itself?

That is why union membership has dropped more than 75%. Unions are becoming dinosaurs and their intentions are become too clear. Unions are slowly becoming a bad joke where the punchline is intimidation and corruption.

You have talked often about union busting. What about the heavy handed tactics used by the unions to bolster membership? To intimidate non union shops opening up in classically "union" towns?

The unions' hands aren't exactly clean here.

Your answer will, of course, be that the union landscape has changed. The corruption is gone and new management and union bylaws keep the corruption from returning.

What you should review is that labor law has also changed significantly mirroring many (but not all, admittedly) of the wants of labor. Governments move more slowly than they should... but in an economy with less than 5% unemployment, the power is IN the workers' hands.

Sorry. Give me a reason for the change in legislation that doesn't end with "and the Unions, as entities, benefit."

My congressmen and women are not being paid to protect your unions, but, instead, the people in them. I don't see how this change gives the workers an iota of benefit that they didn't already have.
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  #10  
Old 08-23-2007, 04:16 PM
cyjeff cyjeff is offline
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Quote:
Originally Posted by noiddodge View Post
Ok, keep everything the same, but stop the captive audience meetings. Employers can not "coerce" employees in regards to their decision to join (or not) an existing union (in a right to work state). Or have the employers rep (union buster) and a union rep engage in a debate on the merits in front of the members of the potential bargaining unit. Unions want a level field staggerwing, and they've never had one.
Rarely does someone contradict themselves in their own statement so blatently.

You say that employers cannot coerce workers one way or the other (agreed), but all elections are held in the open.

Why are debates held between pro and con opinions such a bad idea? What are you so very afraid of.

You say you want a level playing field. A level field is where BOTH sides are heard. Not where only the union's voice is heard, the employer isn't given time to respond, and an open election is held.

C'mon. If you are going to cheat the rubes, at least be honest that you are running a con.
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I am not now nor ever was an attorney.

Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.
  #11  
Old 08-23-2007, 07:02 PM
joec joec is offline
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Ok what you have just read above (STB)is the Union Busters calling card FEAR, don’t be fooled it’s the Union Busters stock, and trade. If Unions were irrelevant as he says, what is there to be afraid of?
Basically that list of headlines posted boils down to is the Teamsters have been guilty, and brought before the board for violations under Section 8(b)(1) of the National Labor Relations Act (29 U.S.C.A. § 158(b) (1)(B). Which only makes the point I made earlier, what is noticeably absent on the Union Busters list. Is the corporations that have violated 8(a)(1) through (5)
I could put them all down, as well basically it reads like a who’s who of every major corporation in America. Including all class1 Railraoads, every major U.S airline the biggest chemical, mining, the big 3 automotive manufactures, as well as all the oil companies.
I certainly would not call any of these company’s irrelevant or dangerous, on the contrary most of the major corporations in the company in the above mentioned are unionized.
Now lets straighten out some lies put forth by a known Union Buster.

Quote:
Now Joe, please remember the rules of the board, no personal attacks.
The rules of the board favor those that are in management, and pro-management positions. It’s been that way ever since I’ve been posting. I don’t have to be reminded of it; it’s obvious to anyone that reads these posts. I made no personal attacks you are in fact a Union buster.
This is obvious through the posts that you posted previously.

Quote:
Here's one simple fact. Even with the secret ballot process where people get to make their choice in a private fashion...unions in have fallen from 30% to 7.4 % of private employers since 1978.
That’s a numbers game common sense does not bear it out. A Bulk of Union jobs are in manufacturing, transportation etc. These areas of the economy have all showed significant gains there fore the number of Union positions have increased. The Non-Union sector has shown more significant increase than the unionized sector since it is a larger sector economy. When you place both numbers together both show increases. Since increased jobs in the non-union sector have grown more the two numbers side by side show a decrease in union jobs, where there is an actual increase ,the number of jobs in the none union sector have grown faster than the union sector however there is no decrease in Union membership.

Quote:
One is that most people believe not only that union are irrelevant but they are dangerous.
That’s a bold assumption being a Union buster it may appear that way, after your done handing out anti Union leaflets, captive audience meeting, and closed door interrogations of employees for 6 months before an election. If most employees believed that the company would not have to hire Union busters at all.

Quote:
We all know why unions are pushing this Act...they are desperate. They cannot survive under fair rules where people vote so they are attempting to take away one of tenets of American democracy...the secret ballot election
.

No they want a fair election that would put union Busters out of the loop, the card count is a secret ballet reviewed by the NLRB. As well as impose civil penalties on employers that violate
8(a)(1) through (5)

Quote:
You state my argument is is that "management should be able to do and end run around the contract they agreed on". That is incorrect, My argument is that if you believe in your product and it's good to have card check for representation elections then it must be good to have card check for decertification elections too.
I have already pointed out why that can not be done; the act gives plenty of leeway to decertify a union. If you inserted what you want into the act, the whole act would not survive a Supreme Court challenge. You have already lost that argument as a matter of law.

Quote:
The answer Joe is that unions are a business and they do not care about employees...they care about getting employees dues.
If that was the case they would want to amend section 7 of the act:
From:
Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection,……………

Propose To:
Employees shall have the right to join, labor organizations, to bargain collectively through labor organizations representatives, for the purpose of collective bargaining………

Nothing in the act requires employees to join a Union affiliated with the AFL- CIO or any other organization in which dues is required. This is another reason for the bogus numbers that the Union buster handed out earlier the numbers of Unions does not include non affiliated groups.
The number of assoc that deal with the employer directly through self-organization is not counted, and those numbers have grown substantially particularly in the immigrant community’s.

Quote:
You ask me "Who is in better position to coerce ?" Please tell me, is there anyone on this earth who feels comfortable with giving the Teamsters the power to intimmdate peole into signing cards without the security of a secret ballot election?
Where in the act does it say you have to join the Teamsters? Save that scare tactic for the H.R managers that P.M you. The way organizing is done is not the way the Union Buster implies.

Ask any Local organizer, how it usually happens is this way. A group of employees who have been working without a contract for a substantial amount of time, have a gentlemen’s agreement in place with management, on terms ,and conditions of employment.

The company either changes owners or through merger or, new ownership new management does not honor any of the unwritten terms. The employees at that point find they have been the victim of a sham.
They take the initiative to contact the local; the local puts them in touch with the organizer.

The organizer hands over the blank cards to the perspective members, and tells them to get at least 55% signed, and bring them back for processing. This idea of a bunch of happy employees minding their own businesses are suddenly swooped down upon by an outside force of Teamsters demanding signed cards is ridiculous. The organizer keeps tabs on the employees that came to him through meetings. Most locals only have one organizer, many have none at all.

If you believe your co-workers are a bunch of goons muscling you tell the organizer. The organizer does not want any controversy over the card count. Once the organizer has signed cards in hand he notifies the employer he is the exclusive agent for the employees. Management refuses, the organizer drops the card to the NLRB with a petition and an election is scheduled,
for six months down the road.

At that time the Union busters are called. Union buster first tries to get the employees to sign cards saying they made a mistake signing the card through coercive union busting techniques. Potential yes voters are fired for various reasons. The only time the NLRB is involved is during the election. If after all that the union still wins. The employer challenges the election.

Something that has to be made clear is the union cant win an election when management has terminated half the electorate. That would be like one party precluding known voters of the other party from voting.

The other alternative the employees have is when the Union tells the employer that he is the exclusive agent,and the employer declines the workers automatically strike for recognition. This is very effective,also very unusual ,and it also will preclude an election. So even under the current schemes the employer does not have an absolute right to an election.
JoeC

Last edited by joec; 08-31-2007 at 06:05 PM.
  #12  
Old 08-23-2007, 07:07 PM
joec joec is offline
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Quote:
Originally Posted by cyjeff View Post
Joe,
My congressmen and women are not being paid to protect your unions, but, instead, the people in them. I don't see how this change gives the workers an iota of benefit that they didn't already have.
Cyjeff you have your own Congressional district ? Your congressman represents your whole district,not just you. Any way the bill is on the senate floor, unless you are your own state,it is in the hands of your state senators,at this point.
JoeC
  #13  
Old 08-23-2007, 07:53 PM
staggerwingbeech staggerwingbeech is offline
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Well, no surprise that the other side of the argument has scurried about in an attempt to change the question.

Again, the simple question is....if according to unions, card check is the only fair way to decide representation elections....why do the unions demand an election for decertification elections?

We all know the answer. Unions are not interested in employee welfare, they are interested in maintaining a steady revenue stream. Unions in America are nearly dead, 92.6 of all employees in the private sector chose to be union-free.

Since the unions have no product to sell, this is one last desperate attempt to gain through legislation what they cannot win in a fair, secret ballot election. 94% of all union PAC money goes to bought and paid for democrate politicians who have in exchange for this blood money are supporting this un-American legislation.

If the union product is so good....unions should not be afraid of allowing the employees to decert with card check.

For the record, I am a former union member with first hand experience of how union thugs steal the members hard earned pension plan.
  #14  
Old 08-23-2007, 08:06 PM
joec joec is offline
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Quote:
Again, the simple question is....if according to unions, card check is the only fair way to decide representation elections....why do the unions demand an election for decertification elections?
See post #4 how many times do I have to give you the ansewer?
JoeC
  #15  
Old 08-23-2007, 08:10 PM
noiddodge noiddodge is offline
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You missed my point cyjeff. The point was that employers can not coerce employees ref- membership AFTER a successful election takes place. prior to said election it is a captive audience meeting free for all. I and many (most) of my coworkers found the films humorous, but the fact remains that the employer has a distinct advantage of being able to "force" the employees to "hear" their opinions on the subject. Unions do not have this benefit. If you don't want to listen to them you just "close the door" (literally)......If the "meetings" were a debate between employer reps and union reps it would be a far more "democratic" way for employee's to get the information they need to make an informed decision.
  #16  
Old 08-23-2007, 08:38 PM
staggerwingbeech staggerwingbeech is offline
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Well Joe, I'd like you to take as many shots at it as possible until you come up with a truthful answer.

You don't think the law which provides secret ballot elections is fair so you want it changed. Yet, your position that requiring a contract is very fair and you want that to stay the same. Finally you state that the current law which requires an election for a decert is fair and you want that to stay the same.

Even a child realizes that you want your cake, eat it too and want the employees to pay for it.

Let's try to talk about WHATS FAIR. If fairness to employees is important to you and to unions and this is what it's all about to you....then pray tell...why would you not support changing the law to allow employees to card check in and out whenever they decide?

Could this possibly be about money? Their money moving to your pockets? I think so...and so do most of working Americans.
  #17  
Old 08-23-2007, 08:40 PM
staggerwingbeech staggerwingbeech is offline
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And let's get a couple of other facts out there while we are at it.

If a company has no union, how in the heck could someone be a union buster? If I was working decert's the term would be accurate howver this is not the case so please attempt to come up with a more accurate and clever term. Personally I like "Truth Gospel"

Take a look at every unions LM-2 and you will find tons of people called "organizers". In the spirit of Item #1...let's start calling them "Union Pushers".

There are several differences between the Union Pushers and the Truth Gospels. Pushers have no product to sell. Americans realize the uselessness of unions and union pushers and union membership has fallen from 30% to 7.4 %.

Union Pushers resort to using fear, intimindation and skull cracking. They are an angry, angry lot. Then they wonder why they can't win an election? Could it possibly be that people do not want to join a club where they might wake up dead one morning if they step out of line, or lose their pension cause the union boss needed a new house and boat?

Unions are dead my friend and the revenue stream is drying up. All the yelling, screaming, threatening, back office politics and violence is not going to change the future.

My prediction...2012 = 3.5%, 2016 = 1.8%, 2020 = .9% 2024 = ZERO
  #18  
Old 08-23-2007, 08:47 PM
joec joec is offline
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Quote:
Originally Posted by staggerwingbeech View Post
Well Joe, I'd like you to take as many shots at it as possible until you come up with a truthful answer.

You don't think the law which provides secret ballot elections is fair so you want it changed. Yet, your position that requiring a contract is very fair and you want that to stay the same. Finally you state that the current law which requires an election for a decert is fair and you want that to stay the same.

Even a child realizes that you want your cake, eat it too and want the employees to pay for it.

Let's try to talk about WHATS FAIR. If fairness to employees is important to you and to unions and this is what it's all about to you....then pray tell...why would you not support changing the law to allow employees to card check in and out whenever they decide?

Could this possibly be about money? Their money moving to your pockets? I think so...and so do most of working Americans.
Once again let me repeat The act precludes decertification of Union by either a rival union, or removal of a union under 9(c)(3) for obvious reasons. To decertify a Union in a shop that has a current contract in force, you would also have to remove the existing contract, not just the Union you agreed on the contract with.

The contract has a fixed term on all party’s, contracts have 3 basic tenants offer, acceptances ,and consideration once all party’s have agreed on the final version mutual assent has occurred ,and the contract is binding on all party’s.

The employees have entered into contract for the fixed term of the contract, as well through its representatives.

Your whole argument is, management should be able to do and end run around the contract they agreed on, to make the EFCA fair.

The employee free choice act deals with establishing a contract where none existed in the first place. By adding (if its passed) 9(c)(6)(7) provisions to the act.

You want to repeal 9(c)(3) as well as basic contract law which goes back to Magna Charta at the least.

I have already pointed out why that can not be done; the act gives plenty of leeway to decertify a union. If you inserted what you want into the act, the whole act would not survive a Supreme Court challenge. You have already lost that argument as a matter of law.
JoeC
  #19  
Old 08-23-2007, 09:02 PM
staggerwingbeech staggerwingbeech is offline
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Quote:
Originally Posted by noiddodge View Post
You missed my point cyjeff. The point was that employers can not coerce employees ref- membership AFTER a successful election takes place. prior to said election it is a captive audience meeting free for all. I and many (most) of my coworkers found the films humorous, but the fact remains that the employer has a distinct advantage of being able to "force" the employees to "hear" their opinions on the subject. Unions do not have this benefit. If you don't want to listen to them you just "close the door" (literally)......If the "meetings" were a debate between employer reps and union reps it would be a far more "democratic" way for employee's to get the information they need to make an informed decision.
Noid,
You've somehow forgotten to add a few facts.

First, the reason the law allows an employer to have meetings is because they are paying the employee. If you guys want to have a meeting somewhere else...feel free to start paying them to come.

To balance that, the law allows the union pusher to visit employees at their home to use their fear and intimindation tactics to coerece employees to sign a card.

In fact, the law even requires the employeer to violate employee privacy and give the union pusher their address.

As for the debate issue...even the most incompetent union pusher knows the reason why employer don't engage in debate. The law currently allows union pushers to make any promise they want while it is illegal for the employer to make the same promise.

This is why employers Guarantee Cards with the promises the union pushers printed on them with a guarantee that the union will make up the difference if they don't fulfill the promise. Thousands of Guarantee Cards issued......not one signature.

Last edited by staggerwingbeech; 09-03-2007 at 07:13 PM.
  #20  
Old 08-23-2007, 09:07 PM
staggerwingbeech staggerwingbeech is offline
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Wrong Joe...it can be changed. Unions and union pushers simply do not support it.

Come on now....yer getting close, just be honest. Here it is in the most simple terms.

1. Unions want to change the law so it's really, really easy for them to get people into a union.
2. Then they want to lock them into a contract for a long, long time.
3. Finally they want to make it really, really hard for them to get out of the union.
4. It's ALL about getting the employees money into the unions pocket.

Come one now...just admit it, I promise you'll feel better
  #21  
Old 08-23-2007, 09:12 PM
noiddodge noiddodge is offline
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Quote:
There are several differences between the Union Pushers and the Truth Gospels. Pushers have no product to sell
HUH ??? WHAT ??? Higher wages, better benefits, pensions, just cause protection (even in a right to work "for less" state). I guess if you consider all that "nothing" you may be correct, but that would require "business math" that would baffle even enron and haliburton execs.....

How 'bout we just agree that we will never agree. You keep contributing to the RNC and I'll keep giving to the DNC, and we'll point fingers at each other when something goes wrong.........THAT'S the American (political) way !!
  #22  
Old 08-23-2007, 09:16 PM
joec joec is offline
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Quote:
Originally Posted by staggerwingbeech View Post
Wrong Joe...it can be changed. Unions and union pushers simply do not support it.

Come on now....yer getting close, just be honest. Here it is in the most simple terms.

1. Unions want to change the law so it's really, really easy for them to get people into a union.
2. Then they want to lock them into a contract for a long, long time.
3. Finally they want to make it really, really hard for them to get out of the union.
4. It's ALL about getting the employees money into the unions pocket.

Come one now...just admit it, I promise you'll feel better
Nope how about I am right ,and your wrong. Are you familiar with the act at all,or just what the Union busting firm you work for tells you what to spout about it ?
You said you want to debate now you are telling us what the answers to your questions are supposed to be. This is a joke.

Quote:
In fact, the law even requires the employeer to violate employee privacy and give the union pusher their address and phone numbers.
Union Busting lie show me that in the act.
JoeC

Last edited by joec; 08-23-2007 at 09:29 PM.
  #23  
Old 08-23-2007, 09:43 PM
staggerwingbeech staggerwingbeech is offline
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Not even a good try Joe. Try all you want to cover, mix-up, misdirect like all the other union pushers.

I did not say Act, I said law. The application of the law is defined by the NLRB who requires employers (by law) to give you union pushers the addresses of the employees before an election.

I sure hope you are not claiming that this is not the case as it would seriously hurt your credibility.

Last edited by staggerwingbeech; 08-23-2007 at 10:12 PM.
  #24  
Old 08-23-2007, 09:49 PM
joec joec is offline
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Then you should have no problem showing it to me.
JoeC
  #25  
Old 08-23-2007, 09:54 PM
staggerwingbeech staggerwingbeech is offline
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Here you go Joe. Please come back and tell us all about it.

Excelsior Underwear, Inc. 156 NLRB 1236 (1966)
  #26  
Old 08-23-2007, 10:09 PM
staggerwingbeech staggerwingbeech is offline
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I will help you out a bit Joe. Please read below..

Under federal labor law, seven days after the NLRB schedules an
election, the union is entitled to an “Excelsior List” that includes
the names and addresses of all the employees in the bargaining
unit.


I know you would never believe me....you'll probably not believe the NLRB either. So...just for you, click on the link below...it will take you to The International Marine Division of ILA AFL-CIO. Perhaps you will believe a union.

http://www.bridgedeck.org/mmp_mags/2...y-February.pdf

Can't wait for the next spinjob

Last edited by staggerwingbeech; 08-23-2007 at 11:09 PM.
  #27  
Old 08-23-2007, 10:30 PM
staggerwingbeech staggerwingbeech is offline
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Joe....I know you are busily reviewing Excelsior and coming to the realization that union pushers do in fact get employee addresses by law. I also know that I have been perhaps unfair by simply showing a small piece of one union (Teamsters) violent past. So please allow me to educate the readers about another fine example of Americas unions, the UAW.


A nine-member special grand jury investigated harassment, intimidation and terrorist acts committed by UAW union militants.

Included in the evidence were records of violence directed against Shucheng Huang, a mother of four who continued to do her job during the UAW walkout. During the strike, union thugs vandalized her car with paint, and smashed her windows. Additionally, the severed head of a cow was dumped on the hood of her car.

After the strike was over, UAW terrorists fired a ball bearing at Mrs. Huang as she was driving onto the company parking lot and one of the UAW terrorists was arrested in connection with the attack.

Local newspapers reported the incidents involving Mrs. Huang on June 28, and included photos of her and of the crime scene. Unknown persons then posted her picture the next day on bulletin boards throughout the Abex plant under the caption, "Wanted Dead or Alive."

Also, a few days later, Mrs. Huang received an anonymous letter, with a photo of her face superimposed where the cow's head had been on her vehicle. Acts against other Abex employees who worked during the strike included slashed tires, theft of property, harassing phone calls, pornographic mail, and cases of stalking.

Now please tell me Joe.

1. If your daughter was working there, would you be even slightly concerned with her safety?
2. Would you be concerned if these guys had her home address?
3. Would you be concerned if these thugs visited her home late one night with a union card and a ball bat?

92.6% of Americans agree there is no place in this country for these thugs.

And I do not care how much of the Hoffa Kool-Aid you drink....you know the answer to these three questions is yes.

Last edited by staggerwingbeech; 08-23-2007 at 10:33 PM.
  #28  
Old 08-23-2007, 10:48 PM
staggerwingbeech staggerwingbeech is offline
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Whats that you say....Teamsters and the UAW not enough? Lets look at the United Mine Workers.

Dissident local officers and rank-and-file coal miners were brutally attacked April 1 by supporters of the United Mine Workers of America leadership at a union rally in southwestern Pennsylvania. The incident took place at the UMWA's annual Mitchell Day celebration in Bentleyville, just south of Pittsburgh, attended by some 250 union officials and miners.

Outside the hall a dozen miners from Pennsylvania, West Virginia and Ohio held up signs and passed out leaflets criticizing the policies of the union leadership. Almost immediately, a group of union thugs surrounded the protesting miners and began punching and kicking them. They pulled down the workers' signs and ripped the flyers from their hands. A protesting miner was hit on the head with a piece of lumber and had to be hospitalized. The attack only ended when state and local police intervened.

Rich Cicci, the financial secretary of UMWA Local 1197 and a worker at Rochester and Pittsburgh's Eighty-Four Mine in Washington County, suffered a gash by his ear. He told the World Socialist Web Site, "We were standing with signs and they brought in people on the International [union] payroll. I call them thugs. They pulled away our signs and I got hit with something.

The violent attack on the protesters was publicized in western Pennsylvania and produced widespread disgust among working people. After the rally, however, UMWA International President Cecil Roberts justified the assault in an interview with the Pittsburgh Post Gazette. "This is not the way we want to resolve disputes," he said, "but you can't curse the union and its leadership and expect that no one will take exception to that."

This is just too funny. Union thugs being assualted by union thugs. And the International President condones the behavior.

Were there no good hard working union free pepole for these guys to beat up so they had to do it to their own members?

This is not the type of club I want to join.....and 92.6% of Americans agree.
  #29  
Old 08-23-2007, 10:55 PM
cbg cbg is offline
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I continue to dispute the fact that the rules of the board favor management over union. I have yet to see a single unbiased statement in support of that contention.
  #30  
Old 08-23-2007, 11:07 PM
staggerwingbeech staggerwingbeech is offline
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More UMW terrorist behavior.

In spring 1993, the union ordered more than 17,000 miners in seven states out on strike.

Thugs vandalized homes, fired shots at a mine office and cut power to another mine, temporarily trapping 93 miners underground.

West Virginia heavy-equipment operator Eddie York wasn't as fortunate as the trapped miners. On July 22, 1993, this husband and father of three was shot in the back of the head as he drove past militant UMW strikers away from a work site. He died instantly. UMW goons then pounded would-be rescuers with stones.

Boss Trumka's public reaction to the strike violence was chilling. He implied, as quoted in the Washington Times on Sept. 3, 1993, that employees who work during a strike deserve whatever happens to them: "I'm saying if you strike a match and put your finger in, common sense tells you you're going to burn your finger."

In June 1994, a federal jury found UMW strike captain Jerry Dale Lowe guilty on conspiracy and weapons charges in the death of York. By then, York's widow Wanda had already filed a $27 million lawsuit. In addition to Lowe, it named Trumka and several other UMW officials, charging that union strike tactics and directives had contributed to Eddie York's death.

For four years, UMW lawyers zealously fought Wanda York's suit. But the course of the legal battle suddenly changed after federal prosecutors announced on June 23, 1997, that they would release evidence from Lowe's criminal trial to her attorneys. After that bombshell, it took UMW lawyers just two days to reach a secret settlement with Wanda York.

Since 2000, union thugs have given nearly $600,000,000 to buy democrat politicans trying to buy their survival though the Employee Free Choice Act. Nearly half a billion came from union dues.

These thugs have used murder, fear, beatings, intimidation, theft, ebezzelment and terrorism in an unsuccessful attempt to revive their failing business.

Now they are trying to buy their survival by bribing politicans. It shall not pass.
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