Craig Becker has so far refused to recuse himself. Well, perhaps that not the best way to put it. He’s more thrown up his hands and explained that what we thought he would recuse himself from (i.e. things related to the SEIU) and what he meant when he promised to recuse himself are two very different things entirely. Turns out, our fear that his appointment would signal the implementation of card check by means other that legislation were not unfounded. According to the Wall Street Journal:

And as many Senators feared when he was nominated, Mr. Becker is using his position on the National Labor Relations Board to bypass the will of Congress.[...] As a top lawyer for the Service Employees International Union, Mr. Becker had suggested that the NLRB has the legal authority to impose card check—which eliminates secret ballots in union elections—without the approval of Congress. And lo, at the end of August the NLRB dropped the bombshell, when, in a 3-2 decision, it decided to revisit its important 2007 Dana Corp. ruling. [...]

This Dana reversal also raises more questions about Mr. Becker’s ethical standards. The labor lawyer has already refused to recuse himself from cases involving the SEIU, his former employer. Now it turns out he had filed a brief for the AFL-CIO in the original Dana case, arguing that there is no essential difference between card check and secret ballots and calling Dana-style protections “bad labor-relations policy.” Mr. Becker is clearly biased against Dana and by any reasonable standard should not be able to rule on it.

A deal that would have brought laid-off sanitation workers back on the job was voted down by the Teamsters Union local that represents them Wednesday night. The city has been struggling to pick up its trash since the beginning of the month, when a union fight, budget cuts, the heat wave and the Fourth of July holiday all came together to hinder trash pickup. [...]

The city is trying to get more crews out, said David Simpson, the mayor’s spokesman.[...]  They also keep calling in sick. Forty-eight workers pick up trash on a normal day in Yonkers. Forty-six called in sick Tuesday. [...] “We are left to assume that members of the Teamsters union, individual members, have taken it into their own hands to protest the budget cuts that are going into effect,” Mr. Simpson said.”

They also don’t seem particularly eager to clear things up. The Teamsters seem set on letting the wound fester. From yesterday:

“The offer is still on the table for the Teamsters union, which voted down a deal Wednesday afternoon that would have restored twice-a-week garbage pickup and all sanitation jobs. The mayor tried to get in touch with the union but had heard nothing back from them yesterday, Simpson said, adding that the current administration offer on the table “may not be available for long.”

Image courtesy of TorontoCityLife.

In response to the strike notice, Santa Claus has made the following announcement. [See below]

It’s a little unclear what the NLRB’s jurisdiction is in this situation, considering the transnational border issues this brings into play….delivery to every country and territory will be affected if Santa and BCERAS do not reach an agreement.  It is also unclear how this incident may affect the FedEx vs. UPS  controversy–whether the Brotherhood of Elves, Reindeer, and Abominable Snowmen are legally able to strike, or whether they are instead subject to the Railway Labor Act (RLA), which would make it more difficult for something like this to happen– given that Santa’s sled travels over interstate boundaries.

Merry Christmas and Happy Holidays from LaborPains.org.

From the LA Times Blog yesterday entitled “California Democratic Party chief says SEIU has threatened to cut off funding”:

California Democratic Party Chairman John Burton says one of the state’s most politically powerful unions has threatened to cut off funding for the party over his support for a group that has broken away from the labor organization. The rift could drive a wedge between the party and one of its most generous donors. The state council of the Service Employees International Union has directed $700,000 to the Democratic Party since 2007 and millions more to Democratic candidates and causes.

Burton said SEIU’s California president, Bill Lloyd, made the threat as Burton was set to appear last week at a San Francisco fundraiser for the splinter group, the National Union of Healthcare Workers.

“They threatened me,” said the 76-year-old Burton.

Burton said that he was championing union workers “when [SEIU's national president] Andy Stern was in college.” He hailed the breakaway union’s leader, Sal Rosselli, as a lifelong friend and “one of the strongest labor leaders in this state.” Mary Gutierrez, a spokeswoman for SEIU’s state council, would neither confirm nor deny any warning from Lloyd to Burton. “Formal discussions haven’t been had with our board,” which would have to vote to cut off funding, she said.

– Shane Goldmacher in Sacramento

BeyondChron’s Randy Shaw, a prolific pro labor (and very against the SEIU) blogger discussed the situation (and quite a bit more information about break-off group NUHW) last week in detail in “SEIU Wages War on Progressives.”

As for Burton’s fall back plan if the SEIU follows through, Shaw reports the following:

And when I suggested to Burton that he could probably make up the funds by calling the many international labor leaders who have criticized Stern, he replied that he had “already started calling them last week.”