EMPLOYEES VOTE AGAINST SECOND UNION AT FOXWOODS; TRIBAL SOVEREIGNTY STILL AT ISSUE

The union organizing efforts continue apace at Foxwoods Casino, operated by the Mashantucket Pequot Tribe. The latest round went to the employer, however. Last Thursday, 215 engineering department employees voted against union representation by the International Union of Operating Engineers, while 67 voted in favor.

Late last year, the United Auto Workers won an election regarding the Foxwoods table dealers. As regular readers of this blog might remember, the Tribe has maintained the position throughout that tribal sovereignty exempts it from the National Lbor Relations Act's coverage.

Today, at the Connecticut Employment Law Blog, blogger Daniel A. Schwartz, Esq. raises the issue of tribal sovereignty and highlights a piece by Tom Meiklejohn, Esq. -- the attorney representing the U.A.W. in connection with the Foxwoods organizing. As Mr. Schwartz notes:

Meiklejohn argues that it is a fairly settled issue in Connecticut and the Second Circuit that the NLRB has jurisdiction over tribal casinos. I've indicated in prior arguments a bit of Foxwoods' response to this as well.

Of course, since Foxwoods has planned to appeal the election results to the Second Circuit and beyond, if necessary, we'll soon see how "settled" this law really is.

MAY DAY PORT STRIKE AND A NEW DEFINITION OF "SOLIDARITY"

On May 1, the International Longshore and Warehouse Union violated its contract with the Pacific Maritime Association by staging a brief work-stoppage. The prohibited job action was purportedly in protest of the war in Iraq, but comes -- coincidentally? -- while the parties are attempting to negotiate a successor agreement to the expiring collective-bargaining agreement. One must wonder whether management should take the ILWU's negotiations terribly seriously, since the union showed how it feels about the sanctity of its current agreement, as interpreted by a third-party neutral arbitrator.

In a recent Counterpunch piece, writer David Macaray gushes over the ILWU's admittedly ineffectual work stoppage. Mr. Macaray provides us with yet another gem for consideration the next time card-check proponents explain that employees need no protection from union intimidation and harassment; that only management harasses employees regarding unions:

Nobody crosses an ILWU picket line, not unless he wants to pick his teeth up off the floor or find his car on fire. Admittedly, some will call this “intimidation”; the Longshoremen prefer to think of it as “solidarity.” And, unlike other unions, when there’s a strike or a lockout, you don’t see management bringing in replacement workers. That doesn’t happen on the docks. The PMA simply won’t take on that kind of trouble.

Got it? When the boss explains to a worker that he doesn't believe union representation is in his best interest, that's "intimidation." When the longshoreman kicks the worker in the mouth and torches his car, that's "solidarity" at work. Now that the semantics are clear, perhaps we can advance the debate....

U.A.W. STRIKERS UNCLEAR OF REASON FOR STRIKE

From today's Detroit News:

"None of us know why we're here," said striking GM worker Michael Schrubbe, as he walked a picket line in Delta Township, where workers have been off the job since April 17 at the factory that builds GM's popular crossovers.

The automaker avoided two walkouts on Friday, at a Grand Rapids stamping plant and a Kansas City, Kan., factory that builds the hot-selling Chevrolet Malibu. A stamping plant in Mansfield, Ohio, is threatening to strike today, and negotiations have continued through a strike deadline that passed April 18 at a Warren transmission factory. But two lines at the Warren plant that build 6-speed transmissions will go down today because of the strike in Delta Township.

GM believes the UAW threats, all against factories that either make critical models for the automaker or supply the parts to build them, are a tactic being used to draw the company into the strike against American Axle & Manufacturing Holdings Inc., according to several sources familiar with negotiations. Labor law prohibits the union from striking because of a dispute elsewhere; many think the union is using local negotiations to apply indirect pressure.

Hat tip: EmployerReport.com

S.E.I.U. AND CALIFORNIA NURSES KEEPING THEIR LAWYERS BUSY

The battles between the S.E.I.U. and the California Nurses Association rage on -- thankfully now in court, as opposed to the actual riot which broke out last month. The Center for Union Facts links to a recent New York Times piece on the latest legal developments, and includes a PDF link to the various papers filed by both sides.

U.S. HOUSE "GENUFLECTING" TO UNIONS

Senator Bob Corker (R-TN) recently spoke with a group of bloggers regarding the recent House leadership decision to prevent a vote on the U.S.-Colombia Free Trade Agreement. NAM's ShopFloor.org has portions of Senator Corker's remarks, including this excerpt:

Let me just say bottom line, I’ve never seen anything that’s just so brazenly a genuflect, if you will, by House leadership to unions. Card check, to me, it’s hard for me to believe that people really believe in this country that card check is a good thing, where basically union leaders go out and one on one should pick people off to bring a union into existence in companies. I’ve experienced first hand some of those types of tactics. Years ago, as a young man, I was a card-carrying union member. And again, it’s hard for me to see…it’s hard for me understand the tremendous tilt that this leadership has toward the unions. But this Colombia free trade agreement is absolutely inflicting pain on the very people that are being represented.

Today, per the Andean free trade preference agreement, Colombia can ship goods into our country tariff-free, for the most part. Very few things have tariffs on them. This agreement would allow us, our employees, our companies, our workers here in America to ship goods to Colombia tariff-free.

This is solely, solely bowing to union pressure. To me it’s an embarrassment to our country. This president [Uribe] has been our friend; Colombia as a country has been our friend in a part of the world where we need friends, where we need people who care about democracy, who care about freedom, who care about commerce, who want to be stable contributors, if you will, to the world. He has done that, and here we are, holding him hostage, holding their country hostage, holding our workers in this country hostage to the fact that the AFL-CIO and other unions are trying to lever this to some other end. I really mean it. I have never seen anything so blatant, so blatant of nothing, if you will, of kowtowing to union officials in our country.

NAM has more, including an MP3 of the conference, here.

WSJ ON PRESIDENT OBAMA'S LURCH LEFT ON LABOR

In today's Wall Street Journal, Pete duPont speculates about an Obama White House with a broader congressional majority. In his estimation, the result is "a broad-reaching, socialist-leaning, greatly expanded American government."

Specifically on the state of labor law under those circumstances:

Then will come dramatic public policy changes in the areas of labor law, free speech, election laws and national energy policy.

Significant labor law changes will likely start with the elimination of secret ballots for union organizing elections, so that unions can verbally "ask" workers if they would like to join (read: intimidate them into saying yes). Then may come repeal of the 1947 Taft-Hartley Act provision that allows states to enact "right to work" laws – 22 of them have done so – that allow workers to take jobs even if they decide not to join a union.

Will a President Obama really attempt to radically tilt American labor law to repay the special interests bankrolling his campaign? "Yes. He. Will!"

VIDEO: SEIU AUTOMATON ATTEMPTS TO JUSTIFY UNION'S VIOLENT DISRUPTION OF CONFERENCE

Unbelievable video from the recent Labor Notes conference:



Not sure if I missed it, but did she depart once from the SEIU script to express any sympathy about the sixty-seven year old woman who was bloodied? Fantastic bed-side manner for a nurse....

CARD-CHECK: "WHAT PRESSURE?"

Because everyone following the issue knows that the Employee Free Choice Act (EFCA) is never truly dead as long as organized labor has a billion dollars to spend in any campaign cycle...

The Coalition for a Democratic Workplace is soon to start circulating this ad:


More at MyPrivateBallot.com

SEIU ACCUSED OF STALKING NURSES AT HOME

In the wake of this past weekend's violent melee between SEIU members and attendees of the Labor Notes conference in Dearborn, Michigan, the California Nurses Association/National Nurses Organizing Committee (CNA/NNOC) has issued a highly-charged press release disparaging the SEIU. Among the release's more incendiary allegations:

According to Labor Notes, "a recently retired member of United Auto Workers Local 235, Dianne Feeley, suffered a head wound after being knocked to the ground by SEIU International staff and local members. Other conference-goers -- members of the Teamsters, UAW, UNITE HERE, International Longshoremen's Association, and SEIU itself -- were punched, kicked, shoved, and pushed to the floor."

Meanwhile, roving bands of SEIUers continued their campaign against female CNA/NNOC Board members. On Saturday, one team arrived at the house of CNA/NNOC Board member Veronica Rocha, RN just as she and two family members were entering her car to drive to a memorial service. The SEIU team in the car followed them and at one point began yelling at them in the car.

"I really felt threatened and personally violated when they showed up at our place of residence uninvited and continued to follow us, knowing I did not want to interact with them. Nobody deserves to be stalked in this manner," Rocha said. "I really don't believe that they would appreciate an unannounced visit from CNA at their homes, disrupting their personal family life. I am proud to represent CNA, a professional organization with membership that supports and advocates for patients and safe staffing."

When CNA/NNOC Board member Janice Webb, RN arrived at her San Diego hospital to work in her nursing unit Saturday, the night shift charge said that "someone from SEIU was calling the unit last night asking for my phone number and address. I am unclear as to how many times they called."

Now remember this next year, when Big Labor and its Congressional allies are pushing the Employee Free Choice Act (EFCA) again. We guarantee that once again, the Act's supporters will insist that pressure and intimidation is only applied by the employer; that unions NEVER apply such tactics to convince people to support their cause.

PRIME EXAMPLES OF UNION COERCION, VIOLENCE AND INTIMIDATION ON DISPLAY FOR ALL TO SEE

Labor Notes magazine's Michigan conference was reportedly disrupted last night by marauding Service Employee International Union (SEIU) members. The conference at the Dearborn Hyatt was host to about 1,000 union members from at least 50 different national groups to discuss organizing and mobilizing grassroots forces.

Fox Business News reports at least seven busses, carrying up to 500 SEIU staff in purple jackets and T-shirts drove up to the hotel. Upon unloading from the buses, hundreds of picket-wielding staff stormed the building, pushing their way through doors to break into the ballroom where the event was being held:

While breaking in the building, the SEIU staff, now joined by SEIU staff inside the building, physically assaulted a group of union members and activists at the door.

At least one woman, a retired auto worker and former business manager for Labor Notes, was injured and went to the hospital after being pushed to the floor and hitting her head on a table.

Further comment from conference attendees and speakers:

- "I am deeply concerned about this heightened attack on women and nurses, directed by SEIU President Andrew Stern.... There is an ugly pattern here of physical abuse and tactics of intimidation that have no place in either our labor movement or a civilized society." -- California Nurses Association (CNA) Executive Director Rose Ann DeMoro

- "I am disgusted with the tactics of SEIU and their total disrespect for what was going on here -- members from multiple unions who were discussing an agenda to fight the increased corporate attacks on working people.... It's clear their only agenda here was to disrupt and try to divide labor and workers. Physical violence is absolutely unacceptable." -- Registered Nurse and CNA official, Malinda Markowitz

- "I am absolutely appalled, to have a union coming in here with tons of people ramming down doors. If they have these kind of resources, why aren't they using them to help people in the trenches rather than attacking nurses and other working people?" Registered Nurse Danielle Magana.

Regular readers of this blog may recognize the ongoing struggle between the SEIU and the CNA, which recently included the scuttling by CNA of a massive SEIU card-check effort in Ohio.

The SEIU appears to have selected a puzzling way to "note" their displeasure.