LaborPains.org

Look for the union label! (Photo credit: eggrole / Mark)

Organized labor in Northern California says it’s high time that they unite with the state’s growing medical marijuana industry. On Monday, cannabis operators in San Jose and the United Food and Commercial Workers (UFCW) union hashed-out the details for their new partnership.

Angel Raich, founder and CEO of ARCH collective in Oakland, described her industry’s budding relationship with UFCW as “a meeting of the minds in a lot of ways.” Dispensary operators say that aligning themselves with one of the nation’s most powerful labor unions  brings “clout” to their industry.

UFCW Local 5 President Ron Lind told KGO-TV that the Silicon Valley Cannabis Coalition for Sensibility and Dignity was launched to help cannabis shops “build their power and legitimacy” through unionization. The Daily Caller reported in June 2010 that marijuana legalization in California would especially be a boon to UCFW membership:

By getting in on the ground floor, the UFCW has a chance to dominate in an industry where employees and employers alike are –as of this moment anyway– far less skeptical of organized labor than the long-unionized supermarket industry.

With medical marijuana sales expected to generate revenue of nearly $9 billion over the next 5 years, could it be that UCFW leaders are hoping for spillover benefits to their core industry?  UFCW employees will certainly be in a unique position to deal with any and every case of the munchies that comes their way.

Last week we discussed the dire situation of several states’ pension funds. But while many states are headed for stormy waters, today brought two very positive developments that indicate labor unions’ stranglehold on state governments may be loosening.

First from Pennsylvania:

Three of the largest state employee unions wanted to remove one of the more pressing issues that Gov.-elect Tom Corbett will find on his doorstep when he walks into office on Jan. 18. They sought a one-year extension to their labor contracts that expire June 30.

Leaders of the American Federation of State, County and Municipal Employees Council 13, Pennsylvania Social Services Union Local 668 and United Food and Commercial Workers approached outgoing Gov. Ed Rendell as well as members of Corbett’s transition team about the idea.

While Rendell saw advantages for his successor to not have to deal with labor negotiations right off the bat as he did when he first was elected in 2003, the incoming governor showed no interest when the two discussed the matter last week.

This was a desperate attempt by the unions to head off Corbett, who has promised to cut state spending and not raise taxes. Corbett, a fiscal conservative, will be far more likely to crack down on organized labor than Rendell. Thus the unions need Rendell to solve their problems — and quickly. Kudos to him for turning them down.

Meanwhile Indiana may join the ranks of right-to-work states:

Republicans in the Indiana House have filed bills that would prevent workers from being required to pay union dues, an issue considered so divisive that Gov. Mitch Daniels would prefer to avoid it.

The so-called right-to-work legislation could move forward anyway since Republicans have full control of the General Assembly after winning a House majority in last month’s election. The bills would prohibit companies from making union dues or membership a requirement of employment.

Daniels is understandably nervous about spending lots of political capital on what’s sure to be an acrimonious battle against the unions. (One Indiana Democrat is already claiming that right-to-work laws discriminate against women and minorities.) If the bill does pass, it would make Indiana the 23rd right-to-work state.

Image courtesy of tricky ™.

Democrats took a severe beating last night, losing over 60 seats in the House of Representatives, and at least six Senate seats. Republicans also had momentous pick-ups among governors and state legislatures. Exit pollsters found that voters thought the government was too big and that they disliked Barack Obama’s agenda.

The results are very bad news for the country’s labor unions. Organized labor broke the bank this election season trying to stem the Republican tide. The American Federation of State, County, and Municipal Employees (AFSCME), the largest public-sector union in the country, spent an astonishing $87.5 million to get Democrats elected, the biggest contribution in the race. The Service Employees International Union (SEIU) donated another $44 million.

It made very little difference. Now comes the day after. Just how will America’s most lovable labor leaders try to rationalize their way out of this one? Some did better than others.

AFL-CIO President Richard Trumka:

“We did our job. No matter what demographic, you look at our membership, we had large margins for progressive candidates approaching 30, with Harry Reid it was higher. … I think [Democrats] are cognizant of what we did and if they aren’t they should pay heed to it.”

In other words, don’t blame us…or else.

SEIU President Mary Kay Henry:

“[W]e are looking to the new leaders elected tonight to show up in January ready to work for the American people — not for the agenda of the nameless, faceless corporations who poured hundreds of millions of dollars into our political process.”

I.e. please ignore the millions we pumped into campaigns.

United Food and Commercial Workers President Joe Hansen:

“In stark contrast to 2008, the election of 2010 will be remembered because the results were fueled not by hope, but by anger, frustration, and fear. … Empty and inflammatory rhetoric that derides health reform as ‘Obamacare’ and demonizes leaders as socialists will not right the imbalance in our economy or help working people make ends meet.”

In other words, we’re angry that you’re angry.

National Education Association President Dennis Van Roekel:

“NEA stands ready to work with the new Congress to put students first and ensure that education is the engine that moves America forward. We will work with all policymakers to maximize the achievement, skills, opportunities and potential of all students, to make sure they are prepared to become creative and productive citizens in our democratic society and diverse world.”

Because the NEA is all about students, not teachers.

AFSCME President Gerald W. McEntee:

“The loss of the U.S. House of Representatives is a real setback for working families. Washington Republicans have done nothing since the last election to curtail the Bush recession and bring down unemployment.”

It’s also a real setback for our wallets, which are feeling pretty empty this morning.

Whatever stages of grieving union leaders are at, soon the reality will set in.  With a Republican-controlled House, labor legislation will get very little traction over the next two years.

Labor unions are allowed to “pressure” businesses with which they have a direct dispute. But what about companies that are completely neutral? Keith Eastland, a labor lawyer in Grand Rapids, wrote an op-ed explaining an unfortunate decision by the National Labor Relations Board.

Employers can expect the new board to grant much broader protections to union-related activity. An Aug. 27 board decision on “bannering” highlights this point. Bannering refers to the display of large signs, often containing misleading claims, at job sites belonging to neutral parties. It is a union tactic often designed to threaten and coerce neutral businesses to avoid dealing with non-union contractors or suppliers.

Although the law expressly prohibits unions from engaging in coercive or threatening actions toward neutral businesses, the new board has ruled that bannering is protected. Under this new rule, unions can now target your business or job sites with large banners — or use giant inflatable rats signifying the presence of “scabs” — even when you have no labor dispute with that union.

The case before the NLRB began in Arizona where representatives of the Carpenters Local 1506 (consisting of non-union temp workers  being paid to play the part of “picketer”) held 16-foot-long signs outside two medical centers and a restaurant. The signs read “Shame on…(the name of the establishment)” with the words “Labor Dispute” nearby. The catch? The establishments had no conflict with the union. The dispute was with construction companies doing work for the establishments’ owners.

This should have been a no-brainer for the NLRB. The National Labor Relations Act forbids conduct found to “threaten, coerce, or restrain” secondary businesses not involved in the primary dispute. But chalk one up to the labor-stacked NLRB, i.e. Craig Becker and Co.: They found a way to rule in the union’s favor.

To what extreme’s will unions take this new rule?

Recently the [United Brotherhood of Carpenters in Salt Lake City] has taken its bannering a step further by targeting companies that don’t do business with the Contractors. The banners are the same. But the handbills reveal that the company named is a potential tenant in a building where one of the Contractors is slated to perform work. According to the Union, the company being bannered is guilty of “thinking about profiting from unfair labor practices.” By this measure, most of the population might be subject to bannering.

A “potential tenant” where a company “is slated to perform work”? How far will bannering go? Could a union pressure the company that employs the aunt of the owner of a plumbing company that services an office building that houses a paper company that sells supplies to another company with which the union has a dispute? Or perhaps just thinking about selling supplies is enough to put a company in the unions crosshairs. Thanks to Craig Becker’s NLRB, it’s certainly possible.

This video drives home the point. Despite being about NFCW, not the Carpenters, it’s the same practice of creating a deceptive union picket line.

There have been several times when I’ve discussed the alternate means of implementing some of the key tenets of the Employee Free Choice Act, like HERE and HERE. It’s just nice to have the President blatantly confirm this agenda in his speech to the AFL-CIO.  Basic story? EFCA will be a challenge in the lame duck session, but no worries, we’ve got other ways of making it happen. From the Wall Street Journal:

Mr. Obama reiterated that the administration will put its weight behind it. “We are going to keep on fighting to pass the Employee Free Choice Act,” he told the 54 executive council members and others in the room. “We also know what and who is standing in the way of progress,” he said, adding that it will be “tough” to get the bill through the Senate and will take time to reverse the impact of “at least eight years in which there was a profound animosity toward the notion of unions.”

Mr. Obama also reminded the labor officials of the ways in which the administration has already supported unions, in part by wielding executive powers for actions that don’t require legislation.

“There’s a reason why we nominated people to the National Mediation Board that would ensure that folks in the rail and air” industries can organize, said Mr. Obama, referring to the board’s overhaul in May of a decades-old rule that had made it harder for airline and railway workers to unionize. He also cited the Democrats he nominated to the National Labor Relations Board to “restore some balance” to the group, which supervises union elections and referees disputes between private-sector employers and employees.

From ABCNews:

“More than 500 decisions by the leading federal agency that referees disputes between labor and management will have to be reopened after the Supreme Court ruled Thursday that the five-member board had operated illegally when its membership dwindled to two.

The high court, in a 5-4 ruling in which the court’s leading liberal — retiring Justice John Paul Stevens — sided with the court’s four most conservative members, said the law does not allow the National Labor Relations Board to operate while it is short-staffed because of political arguments. [...]

The decision means that more than 500 of employee-employer cases decided by the NLRB while its membership had dropped to two must now be reopened by the board, which currently has four members.”

Image courtesy of IslesPunkFan.

So you may have heard about the anti-Wall Street protests…or is it anti-K Street protests?…. that happened around Washington, DC, not New York City, today. Made up of a hodgepodge of unions, they stormed down a bank, closed a road or two (K and 14th NW), pissed off some pigeons in a park, and got generally wet in the rain. This is after they protested in front of the home of a Bank of America executive yesterday.

I decided to brave the weather–without a union branded poncho, of course– and take a few shots. There were a plethora of union colors, a giants cutout of a K Street “corporate” type which reminded me of another protest puppet, posters calling for the Consumer Financial Protection Agency to “protect small businesses”. Riiight.

–Andy Stern reports that ACORN is closing up shop (the other Andy Stern).

–The SEIU District 1199 and UFCW Local 1059 have made it clear that they will no long support Ohio’s U.S. Rep. Zach Space, the state’s only Democratic representative who voted against the health care legislation. Business Week

–The Hill offers this helpful roundup of who needs to watch their backs come November after the health care vote, thanks to the AFL-CIO and the SEIU.

–Denial is not just a river in Egypt……Bruce Corsaw, SEIU Local 620 field services director, said to a local paper that “a coincidental thing that occurred” when 13 of 14 total SEIU employees in the city all were conspicuously absent and sick on the same day during a contentious contract negotiation.

–Anthony Rumore, former longtime president of the Scarsdale, N.Y.-based International Brotherhood of Teamsters Local 812 and Teamster District Joint Council 16, has plead guilty to forcing, coercing, and threatening union members into performing “domestic” tasks for him…..like installing home furnishings, running errands for his daughters wedding, taking his wife to the doctor, and delivering their Christmas tree. The list continues ad nauseam. So does my nausea.

–The SEIU-UHW and NUHW trial started yesterday.