Reflections about the new AFL-CIO President

A Washington Post article published on Labor Day casts some light onto the AFL-CIO’s next president Richard Trumka. Trumka comes from a long line of coal miners in Pennsylvania. After working in the mines himself, he attended college and then Villanova law school “in preparation for a career of union activism” where he was class mates with Michael J. Lotito one of this blog’s authors. Upon graduating, Trumka began his career in organized labor as an attorney with the United Mine Worker’s union and worked his way up to become its president. Years later, Trumka eventually took the number two position in the AFL-CIO.

The article refers to the 1989 Pittston Coal strike as Trumka’s “crowning achievement.” We are unclear how Trumka measures the success of a strike, but his crowning achievement resulted in a court ordered injunction being levied against his union, his union officials being held in contempt of court and his union being fined more than $30 million dollars for strike related activities. Moreover, some of his strikers engaged in truly abhorrent behavior during the strike which included multiple episodes of violence towards company personnel and their property, a shooting and even a bombing.

The article also talked about Trumka’s agenda and plans for the labor movement. Trumka reportedly met with President Obama and current AFL-CIO president John Sweeney on Labor Day to discuss that “after being elected in part because the AFL-CIO [sic] persuaded its more skeptical members to vote for him, Obama should not disappoint [AFL-CIO] by settling for half measures.” Indeed, the article refers to AFL-CIO’s disappointment with the current status of EFCA which was described as “bogged down amid a distinct lack of enthusiasm from Obama.”

The article notes that “Trumka’s ascent represents a true changing of the guard, ushering in a time of leadership that will be far more muscular than that of the avuncular Sweeney.” Referring to himself in the third-person, Trumka said “It’s true that he’s more aggressive than Sweeney was…but I think that there is a time when you have to be aggressive and only can take so much, when you’re getting it from people who are not looking for a way to resolve a problem but are looking for a way to kill the labor movement.”

Trumka sent a clear message to politicians who accepted organized labor’s support when he said “[m]ore than ever, we need to be a labor movement that stands by our friends, punishes its enemies and challenges those, who, well can't seem to decide which side they’re on…I’m talking about the politicians who always want us to turn out our members to vote for them, but who somehow always seem to forget workers after the votes are counted.”

Lest we forget, Trumka is the person who defined a corporate campaign, a “top down” pressure tactic used by unions to get companies to concede to union wishes, as a device that “swarm[s] the target employer from every angle, great and small, with an eye toward inflicting upon the employer the death of a thousand cuts rather than a single blow.” It is important for the public to know that the new aggressive head of the AFL-CIO whose crowning achievement was a violent and lawless strike , believes in punishing those he classifies as the labor movements enemies and advocates the slow torture of employers in the hopes of causing their economic death. It is tough for employers that are being subjected to a union imposed economic death to “create jobs” and hire more employees. So much for unions trying to help revive our economy and create new jobs.

What are your thoughts about Trumka and the potential impact he will have in shaping Labor Law reform?

 

 

Who is Next for Leadership of the Senate Committee on Health, Education, Labor and Pensions - UPDATE

As we mentioned yesterday Senator Dodd had a key decision to make. He made it and is staying at banking. This means Senator Harkin, the primary negotiator for the so called EFCA compromise, is likely to chair the Senate committee responsible for the legislation. We will follow this situation closely and keep you updated.

Who is Next for Leadership of the Senate Committee on Health, Education, Labor and Pensions?

The death of Senator Edward M. Kennedy (D.-Mass.) on August 28 has left open the chairmanship of the U.S. Senate's Committee on Health, Education, Labor and Pensions (HELP Committee). The Committee has jurisdiction over legislation related to labor issues, including Employee Free Choice Act. 

The HELP chairman is responsible for moving legislation through the Committee and helping manage bills during Senate floor action. Additionally, the chairman would be the lead Senator in negotiations in the conference committee that works out differences between bills that passed the House and Senate. 

In the Senate, committee chairmanships usually are decided by seniority. With the Democrats now in the majority, the most senior Democratic senator on the Committee has the right of first refusal for the chairmanship. Normally, a senator may turn down an opportunity to chair a committee for one of two reasons. The first is that the senator already chairs another committee and, since Senate rules limit senators to chairing only one full committee at a time (they can also chair two subcommittees), the senator prefers to retain the chairmanship of his or her current committee. The second reason is that the senator is in a position of party leadership and chooses to focus on that role and allow a more junior senator to take on the chairmanship. This second reason usually relates to the top two leadership positions of Majority Leader and Whip. 

Senator Christopher Dodd (D.-Conn.) is the first in line for the open HELP Committee chairmanship. Senator Dodd is currently the chairman of the Senate Committee on Banking, Housing and Urban Affairs, and presently is working on major legislation for reform of the regulatory environment for banks and financial institutions. During Senator Kennedy's absence due to his illness, however, Senator Dodd has taken the lead on drafting and guiding through committee the healthcare reform legislation passed by the HELP Committee. Senator Dodd considered Senator Kennedy his best friend in the Senate and may feel some personal commitment to Senator Kennedy and his legacy to focus on and ensure passage of healthcare legislation. Though Senator Dodd is a supporter of EFCA and friend of labor, he has been more focused on healthcare reform and regulatory oversight of the financial industry. 

Senator Dodd is facing his toughest re-election environment as he prepares to run for his sixth term in the Senate, and recent polling has him trailing against leading Republican challengers.  Senator Dodd's decision likely will be guided by his analysis of which chairmanship will bode best for his re-election.  

Should Senator Dodd pass on the HELP Committee chairmanship, the next in line is Senator Tom Harkin (D.-Iowa). Senator Harkin’s assumption of the HELP chairmanship would have a dramatic effect on EFCA. He is the lead Senate sponsor for EFCA and is heading the negotiations to reach a "compromise" that could garner the 60 votes needed to invoke cloture and result in a vote for passage in the Senate. Increased focus on EFCA would result from Senator Harkin becoming chairman of HELP. Organized labor likely would push him to act quickly. EFCA would help him quickly put his stamp on the committee as its new chairman.  

Senator Harkin is the current chairman of the Senate Committee on Agriculture, Nutrition, and Forestry. Agriculture is the number one industry in Iowa. He would have to give up that seat in order to become HELP chairman.  

Should Senators Dodd and Harkin both pass on the chairmanship, Senator Barbara Mikulski (D.-Md.) is next in line. Senator Mikulski does not currently chair a full committee, so she would not face the same choice as her two colleagues in assuming the HELP chairmanship. She likely would relish the opportunity to chair a major committee that gives her a lead role in healthcare reform. She currently chairs the HELP Committee's subcommittee on retirement and aging and is active on Alzheimer's issues. Senator Mikulski has a strong relationship with labor and was the lead Senate sponsor of Ledbetter Fair Pay Act that became law earlier this year. 

In light of the intense focus on healthcare reform, and the importance of the HELP Committee chairmanship, this key position is unlikely to remain vacant for long. 

 

Craig Becker Nominated to the NLRB

President Obama sent his nominations for the three empty seats on the NLRB to the Senate on July 9, 2009. One of the three, Craig Becker, is currently the Associate General Counsel for the Service Employees International Union (SEIU). Although Mr. Becker has much labor law experience, he has some extreme ideas for reforming labor law, many of which would involve stripping employers of many long-established protections.

In 1993, Mr. Becker wrote an article for the Minnesota Law Review, Democracy in the Workplace: Union Representation Elections and Federal Labor Law, 77 Minn. L. Rev. 495 (Feb. 1993), in which he claims that the current union election process is flawed and proposes  wholesale changes to fix them.

For example, Mr. Becker proposes that “employers should be stripped of any legally cognizable interest in their employees’ election of representatives.” This would m ean an employer would lose its right to participate in hearings before the Board to resolve issues related to the election, or even to have an observer present at the election, among other things. Mr. Becker proposes eliminating the 72-year-old mandate of the Taft-Hartley Act that the Board certify unions based only on the results of an NLRB-supervised secret ballot election. Mr. Becker also proposes restricting, and in some cases eliminating, an employer’s “free speech” rights during an election campaign, although the right is spelled out in the Act.  In short, Mr. Becker would go further than even EFCA .

What is most disturbing, back in 1993, Mr. Becker, then writing as an academic, suggested that many of his drastic “reforms” could be accomplished through the Labor Board’s re-interpretation of the Act. He would sidestep legislation while kicking over the traces. Now, Mr. Becker is poised to take his seat on the Board where he could try to effectuate his ideas.  

We do not know whether the Senate will conduct hearings on Mr. Becker’s nomination before voting on his confirmation, although the U.S. Chamber of Commerce, on July 24, requested the Senate Health, Education, Labor and Pensions Committee do exactly that. R. Bruce Josten, the Chamber’s executive vice president for government affairs, said, in a letter to HELP’s chairman and ranking member, that SEIU “has a record of using questionable pressure tactics with the goal of forcing employers and workers to recognize unions without the democratic protection of secret ballot elections.” He cited SEIU's “intense advocacy” of the proposed Employee Free Choice Act and said Becker might attempt through Board decisions to impose card-check certification and “the effective elimination of secret ballots.”

In early-August, a Republican staffer reportedly said Senator Michael B. Enzi (R-Wyo.), HELP’S ranking member, wants a hearing on all three NLRB nominees. However, HELP so far has not announced any plans for a hearing and has not yet scheduled a vote.

We will keep you advised as the confirmation process progresses.

Introduction to the Blog

Hello and welcome to the EFCA & Labor Law Reform Blog!

Our firm, Jackson Lewis LLP, has represented management for more than 51 years in virtually every type of labor law matter… at the Labor Board, across the table from a union negotiator, and in front of the U.S. Supreme Court. Recently, we have seen an incredible uptick in discussions related to labor law reform. To be sure, some proposed reforms, such as the Employee Free Choice Act (H.R. 1409/S. 560), represent what only could be characterized as the most radical and drastic changes to federal labor law since the Taft-Hartley Act.

Not long ago, President Barack Obama met with the leaders of a dozen of the nation’s largest unions for about 45 minutes in the White House. Rumor has it that Andy Stern of the SEIU meets with the President weekly. Many Senators and members of the House have been elected with the help of labor, and these elected officials generally support and lobby for pro-labor legislation. Perhaps most importantly, President Obama, who has repeatedly voiced his support for EFCA, is on the side of organized labor. The President has nominated to the Labor Board two pro-labor attorneys, one of whom has written extensively about expanding the rights of unions even under the current statute.

Many people wonder how EFCA and other proposed reforms could affect their businesses. Our clients and friends not only ask for updates on proposed labor law reform bills and advice on how to prepare for such potential changes, but also to discuss their thoughts about such changes. They want facts and honest analysis. We wanted to respond to their needs.

We have decided to create the EFCA & Labor Law Reform Blog as a forum for individuals to access critical information, such as updates on EFCA and other forms of labor law reform to share their thoughts, and to discuss these issues more fully. We are happy to have you visit here and hope you will find this site informative and stimulating.

We look forward to reading your comments!