Labor Pains: Because Being in a Union can be Painful

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  1. AFSCME Spins Membership Declines

    Photo via Flickr user david_shane - Used with with Creative Commons Attribution LicenseIn 2012, Michigan became the 24th state to pass a right-to-work law. Unions were outraged, but had little to complain about: Michiganders had just rejected a union proposal to rewrite the state’s labor laws to unions’ benefit (and prohibit right-to-work measures) despite over $23 million that was spent to pass it.

    For good measure, Michigan voters effectively endorsed the employee rights reforms this November, reelecting Gov. Rick Snyder, increasing the state legislative majorities of reformist Republican legislators, and sending a former state Senate leader who had pushed right-to-work in previous legislatures to the U.S. House.

    With voters expressing support for employee rights reformers, unions in Michigan are left with little more than spin. We get that this week from Ed McNeil, Special Assistant to the President of American Federation of State County and Municipal Employees (AFSCME) Leadership Council 25—the Michigan state council of that union. MLive reports:

    Ed McNeil, special assistant to the president of the American Federation of State County Municipal Employees (AFSCME) rattled off four new groups he’d helped form unions this year, though he says he’d have to dig through some files to find the total number they’ve done since 2012.


    “They’re calling us to organize them because they’re looking at the type of work that we’ve done in the past and how we represent people,” McNeil said.


    He estimates that the actual number of AFSCME members in the state is staying about the same, since some individuals are dropping out. As far as new organizing goes, “We’re doing more than we did before 2012,” McNeil said.

    We can help jog McNeil’s memory, using the Center for Union Facts searchable databases of union federal disclosures. In 2013 (the most recent year for which data are public), AFSCME L.C. 25 had 40,669 members. That’s a drop of 5,405 members (11.7 percent) from 2012’s 46,074 membership. While AFSCME Michigan may be recovering some of its losses through new organizing, it doesn’t appear to be nearly enough to stanch the long-term decline.

    Employee rights reform is successful and working in Big Labor’s spiritual homeland of Michigan. With more opportunity to choose for themselves, many employees are deciding that unions aren’t worthy of their support. It’s time to take this effort to the national level. As unions double down on their failed tactics of ruinous strikes and political hyper-partisanship, legislators should take up reform legislation like the Employee Rights Act to give employees a real voice in their workplaces.

    Categories: AFL-CIOAFSCMECenter for Union FactsEmployee Rights ActRight-to-Work
  2. Number Twenty-Three Stays Right to Work

    scotusIn February 2012, advocates for employee rights welcomed Indiana as the 23rd state to pass a right-to-work law under which unions cannot force non-members to fund the union. Big Labor (specifically the International Union of Operating Engineers Local 150) sued on the preposterous grounds that the law violated their free speech rights, among other things. While a federal appeals court rejected the challenge, a left-wing state judge went along with the union’s claim that the law violated a provision of the state constitution regarding compensation for work.

    That left the law in force but also in limbo until this week. The Indiana Supreme Court unanimously ruled that the right-to-work law is constitutional. Writing for the Court, Justice Brent Dickson rejected the union’s claim that it isn’t compensated for its work:

    The Union’s federal obligation to represent all employees in a bargaining unit is optional; it occurs only when the union elects to be the exclusive bargaining agent, for which it is justly compensated by the right to bargain exclusively with the employer.

    This is an important distinction: Unions claim that they should be allowed to force non-members to pay for representation because they reap the alleged “benefits” of union representation. But as the Indiana Supreme Court correctly found, unions are compensated for this arrangement by the government-compelled bargaining requirements. Unions want this—that’s why they don’t become “members-only.”

    Along with victories by pro-reform state governors and new reform-minded Senators like Senators-elect Cory Gardner, James Lankford, and Tom Cotton — all of whom co-sponsored the pro-reform federal measure the Employee Rights Act as U.S. Representatives — this ruling shows that the future belongs to employee freedom, not union dinosaurs.

    Categories: AFL-CIOCenter for Union FactsEmployee Rights ActRight-to-Work
  3. About Tuesday

    ERA_USAToday_ScottWalkerWith few exceptions, Big Labor took a “thumpin” on Tuesday night, flushing tens of millions of their members’ dollars down the tubes to stall labor reform and curtail employee rights. Richard Trumka of the AFL-CIO had vowed to take out six Republican state governors whom he deemed a threat to his agenda.

    Unfortunately for Trumka, all but one were re-elected. Labor reforms to increase individual employee rights enacted by forward-thinking governors in Wisconsin and Michigan will survive. One of Labor’s targets, Ohio Gov. John Kasich, shook off at least $800,000 of union funding to his opponent to win union households outright according to exit polls.

    We’re taking to USA Today with the advertisement on the right to let the incoming Senators, Representatives, governors, and state legislators that labor reforms with an eye to individual employee rights are a political winner.

    Voters are sending a message to legislators and governors across the nation: Standing up to union bosses and pushing for pro-employee reform isn’t a political death sentence—it’s a winning issue. Overwhelming majorities of union and non-union households alike support the provisions of the Employee Rights Act that is currently before Congress. If a new crop of Senators and Representatives are looking for a widely supported agenda item to champion, recent results show employee-empowering labor reform is a good one to start with.

    Categories: AFL-CIOCenter for Union FactsEmployee Rights ActPolitical Money
  4. Strike Fear into Children Any Halloween with CUF’s Randi Mask

    Readers of the Halloween edition of the New York Post who needed a last-minute costume got a gift from us—a mask of “the scariest union leader in America.” And whose mug was available for hole-punching? There were a few choices we could have made: a former AFT local treasurer accused of sex crimes; the Fazio family, former UFCW bosses whose bid to overturn their racketeering convictions was recently denied in federal appeals court; or the former Ironworkers Local 401 “leaders” facing charges for allegedly burning a Quaker meetinghouse in Philadelphia.

    But these alleged local crooks aren’t nearly as scary as the woman who unjustly controls much of America’s education policy: American Federation of Teachers President Randi Weingarten. You can see our ad below:


    While Randi isn’t facing charges, America’s children are in the clutches of her radical union that puts a cushy status quo for ineffective teachers ahead of students’ education. Until Randi comes around and supports necessary educational reforms—recent polling shows that even 90 percent of Americans who support teachers unions also support reforms—our students will continue to fall behind those in Estonia, Vietnam, and Lativa. With our future in her union’s hands, we all should be very, very, scared.

    Categories: AFTCenter for Union FactsTeachers Unions
  5. Despicable Mailers from Randi’s Allies Land in New York State

    The New York State affiliate of Randi Weingarten’s American Federation of Teachers, the New York State United Teachers (NYSUT), received significant bipartisan criticism over the weekend for an unbelievably insensitive attack mail piece that its PAC VOTE-COPE sent in a New York State Senate race. You can see it for yourself (as shown to the Buffalo News) below:

    Redacted VOTE COPE mailer

    NYSUT VOTE-COPE Mailer; Source: Buffalo News

    The mailer’s depiction of a victim of domestic violence has caused bipartisan outrage. The New York Daily News explains:

    A new campaign mailer featuring a picture of a woman with a black eye that takes three upstate Republicans to task for opposing Gov. Cuomo’s women’s equality agenda has managed to unite some Democrats and Republicans in their outrage. […]


    The mailer was funded by VOTE-COPE, the campaign arm of the New York State United Teachers, which is supporting a Democratic takeover of the Senate.

    Representatives from both parties have condemned the ads. The Buffalo News quotes a Democratic elected official who Tweeted: “Came home from debate to find this in the mail. Horrible. This makes people hate politics. Vote-Cope should be embarrassed.” The GOP leader in the New York Senate, Dean Skelos, called the mailers ““disgusting” and “beyond decency,” according to the Daily News. Domestic abuse prevention advocates also objected to the mailers.

    Whichever candidate wins the election, the actions of the union are inexcusable. We’re calling on Randi to repudiate the disgusting attacks that her minions in New York are pushing. We’re not holding our breath.

    Categories: AFTCenter for Union FactsPolitical MoneyTeachers Unions
  6. UFCW Extortionist Plot Fails to Fool Feds

    laborpains 9 10 altThe 2nd United States Circuit Court of Appeals ruled this week on an appeal by several convicted former bosses of the United Food and Commercial Workers Local 348 who were convicted in 2012 of various racketeering-related crimes. The appeals court upheld the convictions of former Local 348 officers John Fazio; Anthony Fazio, Sr.; and Anthony Fazio, Jr. on multiple counts, including some related to a nasty-looking extortion scheme. The convicted leaders alleged various trial improprieties; the 2nd Circuit declined to reverse any of the convictions.

    The Fazios had held leadership positions in the 12,000 member local since 1976, and the U.S. Attorney alleged that they had conducted illegal activities since 1989.The Fazios, who are under orders to serve sentences ranging from five to twelve years’ imprisonment, ran a bold extortion racket, demanding side payments from employers whose employees were represented by UFCW Local 348:

    The FAZIOs utilized the threat of possible labor disruptions and other means to extort annual or biannual cash payments from at least 12 employers and an administrator who handled and processed medical reimbursement claims on behalf of Local 348’s Health and Welfare Benefit Funds. The FAZIOs personally collected these secret cash payments from employers and the fund administrator. At least one employer was extorted by as much as approximately $25,000 per year by the FAZIOs, and the fund administrator was extorted by as much as $7,000 every month by the FAZIOs.

    It gets worse. The Local 348 bosses allegedly backed up their extortion by loudly claiming ties to organized crime. The Second Circuit found that even if the Fazios were not in fact tied to organized crime, the actions of the bosses could create the threatening impression that they were mobbed-up. In total, each Fazio was convicted on four counts of federal crimes (involving 16 Racketeering Acts committed by at least one defendant), with John and Anthony Sr. also convicted on additional counts.

    While the feds may have brought an end to the Fazios’ mob-style schemes, the UFCW continues to plug for national power. The organization—through a subsidiary front group, OUR Walmart—hopes to bring its power to the nation’s largest retailer in a worker center campaign. We’ll see if employees fall for it.

    Categories: Center for Union FactsCrime & CorruptionUFCWWorkers Center
  7. Randi Distracts Philly from Real Reforms

    PickettingPhiladelphia’s state-appointed school board (called the School Reform Commission) recently suspended the expired contract that city’s local of Randi Weingarten’s American Federation of Teachers (AFT) has been working under for two years. The district hopes to redirect $43.8 million over the next year directly into classrooms from the move; reportedly, $15 million will be doled out this week.

    The Philadelphia Federation of Teachers has been playing a game that worked well for their fellow Randi minions at NYC’s United Federation of Teachers. Just as New York City voters replaced hard-negotiating Michael Bloomberg with union-funded union friend Bill de Blasio leading to a concession-laden new contract in the Big Apple, Randi and PFT hope that November elections will lead to more union-amenable state leadership. PFT has stonewalled negotiations, leading the Commission to suspend the contract.

    Now, the PFT and Randi are rallying to abolish the Commission, but rather than making a positive case for why taking cash out of the classroom would help education, the teacher unionists are distracting the public. Their chosen tactic? Bash a conservative group that has hired a handful of canvassers to oppose the union.

    That is emphatically ludicrous, as hiring canvassers, bringing in outside political consultants, and paying outside nonprofit groups is an AFT tactical staple. In the 2013-14 reporting year, AFT paid the Washington, D.C. political consultancy S & B Public Solutions (also called Hilltop Public Solutions) $60,000 for various projects, to note just one example.

    AFT is also funding outside groups in the Philly schools debate: ACTION United, a successor organization to ACORN (the highly controversial union front network shut down after it was implicated in widespread voter fraud) received $40,000 from AFT in 2013-14 and has participated in PFT rallies. AFT has also funded the “Philadelphia Student Union,” another protest ally, to the tune of $20,000.

    Such is the way of politics and union hypocrisy. It’s not the first time that AFT has engaged in hypocrisy to advance local ends (AFT’s use of SuperPACs in Boston’s 2013 mayoral election comes to mind). It probably won’t be the last.

    Categories: AFTCenter for Union FactsTeachers UnionsUnion Spending
  8. Former Teachers Union Officer Charged with Sex Crimes

    laborpains 9 10 altAt the Center for Union Facts, we often track instances of union officials engaged in illegal activity—most often stealing their members’ money. But in an extremely disturbing case out of California, a former official in Local 2022 of Randi Weingarten’s American Federation of Teachers has been charged with child sex abuse.

    John Arthur Loyd, a teacher and former Treasurer of AFT Local 2022 (the Morgan Hill Federation of Teachers) stands accused of four counts of lewd acts with children. The local paper, the Morgan Hill Times, reports on the charges:

    Police arrested Loyd after a student at Paradise Valley Elementary School told school staff last week that the teacher had inappropriate contact with her. Detectives continued to investigate whether or not there were more victims, and the D.A.’s complaint—served to Loyd just before the Oct. 7 hearing—noted an additional victim had come forward.

    While there is no evidence that the union or the district covered up Loyd’s alleged crimes, his position as a union officer did allow him to bring pressure on the district when it suited him. The Times reports further:

    Myers added that Loyd’s transfer to Paradise Valley Elementary at the beginning of the 2008 school year was a correction of miscalculated staffing levels. In Dec. 2008 Loyd, then the Treasurer of the Morgan Hill Federation of Teachers, complained the involuntary transfer was MHUSD administration’s retaliation to his bargaining activity as a union leader.

    This demonstrates one of the major problems with union-negotiated work rules in schools (the most notorious is “tenure,” the practice of giving teachers effective jobs for life after a very brief trial period). While there is no evidence Loyd used his union position to evade accountability for his alleged misdeeds, his union position offered him the opportunity to raise a stink anytime the district did anything he didn’t like.

    Loyd’s alleged abuse, if proved, would only be the worst crime committed by a onetime local AFT official in recent memory. (Numerous corruption cases against other officers have led to convictions and prison time.) If you are a member, officer, or employee of the AFT or one of its locals and you believe that union officials are engaged in unethical activity, please let us know through our anonymous drop-box what is going on.

    Categories: AFTCenter for Union FactsCrime & CorruptionTeachers Unions