Obama TOTALLY blew EFCA.  The Unions spent almost 500 MILLION dollars to elect Democrats to Congress and Obama in order to pass EFCA.  Had it passed, union membership would have doubled in 4 years, contributions to Democrats would have doubled in the 2012 election and the Democrats with Union money would have achieved power that they had not seen since the 1940’s. 

Instead, through sheer incompetence, the Unions got NOTHING for their money.  Pelosi played chicken with Reid and refused to pass EFCA until Reid acted in the Senate.  Obama just sat on the sidelines trying to pass Obamacare. 

The Unions got NOTHING but the shaft.  How can the Union Leader’s go back to their members and say “We blew 500 MILLION dollars on these clowns?”

No wonder the Unions are upset!  I am surprised they turned out the vote for Reid who did NOTHING for them but take their money!  Fool me once, shame on you.  Fool me twice, shame on me.  Or as P.T. Barnum said, “there is a sucker born every minute.“ 

No matter how you describe it, the Union Leader’s got taken to the cleaners.  The only swindle that was greater was Bernie Madoff. 

Obama made every dirty deal in the book to pass Obamacare.  Name me ONE deal he cut to pass EFCA!!!

We might want to classify the Union Leader’s under Einstein’s definition as insane, since the Union leader’s keep doing the same thing over and over again expecting a different result!

The Unions will probably not have another chance to ever pass EFCA again.  Call them suckers, insane or just plain foolish; the bottom line is they keep expecting the Democrats to do something other than just take their money. 

Did I mention the Union Leaders may be insane?


Post Election Analysis

Without question, the big looser in this election is the labor union movement. 

Think about it, in 2008 the Unions had in their hands a Democratic majority with a filibuster proof Senate, and the ONE piece of legislation that would have cemented the resurgence of their power, the Employee Free Choice Act, also known as EFCA, was there for the taking.  They spent $500,000,000 to get this sitting President and Democratic Congress elected.

Yet, they could not get a vote on this bill.  The Obama Administration took the Union money and instead of passing EFCA, turned its attention to healthcare.  Instead of passing EFCA in March of 2009, they got bogged down in Obamacare and as a direct result lost the election.

The simple fact is that it could be 20 years before the Unions will ever have the opportunity to pass EFCA again, if ever.  Over the next 20 years, Unions will continue to lose members and union companies will continue to close resulting in fewer members.  Today less than 7% of the private workforce in unionized.  In 20 years, it could be down to 1 to 2 percent. 

Unions spent almost $400,000,000 in this election cycle and got wiped out.  Except for the left coast and the New York and New England areas, where by the shere number of registered Democrats makes it almost impossible for Democrats to lose, there was a wipeout all across the Country of Democrat office holders. 

In addition, the impact of  reapportionment for Congressional seats as a direct result of this election could make Republicans in charge on the House for 10 years. 

Therefore, as I said at the beginning, the real loser in this election was Big Labor.

Think about this one point, had the Unions spent the $900,000,00 in the past four years on their members and organizing instead of electing Democrats that have done nothing for them, maybe they would not have needed EFCA to increase their membership ranks!

Becker Appointment to NLRB is a Game Changer

As those of you who have followed this blog know, on March 4, 2010, I reported that Obama had cut a deal with the Unions who were very upset at how Obama and the Democrats had so bungled the Employee Free Choice Act (“EFCA”), that he would make a recess appointment of Craig Becker to the National Labor Relations Board (“NLRB”).  One more in the many “back room” deals the Obama administration has cut in just over a year in power.

What I predicted came true over the weekend with Mr. Becker’s appointment. 

In essence, what we now have is a three member NLRB board that will not only go out of its way to reverse President Bush’s NLRB decisions, but this is going to be an activist NLRB and it will be creating new law all the time.

Of most concern to management is the idea that companies can be forced to recognize and bargain with “minority” unions.  What does this mean?  Normally, for a union to be certified as a bargaining agent there must be an election and the Union must win by 50% plus 1 of a secret ballot vote.  If the Union wins, it is certified as the bargaining representative.

The “minority” union concept means that the Union no longer has to have a 50% plus 1 secret ballot vote to have a right to sit down and bargain with the Company.  How many employees will be required in order to force a Company to meet this minority union and bargain for a contract? Nobody knows right now.  However, my best guess is that the NLRB would at least require a 30% showing of interest by the entire bargaining unit.  Thus, the 30% showing could do away with the election all together and just like EFCA, the employer would be required to meet and bargain with the Union and avoid an NLRB election.

From a union standpoint, this would even be better for the Unions than EFCA because EFCA was going to require the 50% plus 1 rule as its showing of interest. 

Here is a short list of what I believe is current case law that the Obama NLRB will soon reverse:

  1. Back pay liability limits for salts.
  2. Burden of Proof on how long a salt would have worked.
  3. Lawsuits against Unions are protected.
  4. Voluntary recognition of a Union does not bar decertification of the Union.
  5. Broad definition of who is a supervisor.
  6. Employees who work in a non-union workplace are not entitled to a representative.
  7. Aw will employment status does not convert a permanent replacement into a temporary employee.

This is just a short list but it is clearly a “hit list” that the Unions believe the Obama NLRB will soon reverse.

Labor going after Democrats in Primary

The news media is finally picking up on what was discussed here a while ago.  That is that Democrats can no longer expect the support of Unions if they in fact do not vote the way Unions want.  The litmus test appears to center around the Employee Free Choice Act a/k/a “EFCA.” 


For the short term, this is going to hurt the Unions more than help them.  Senate seats such as Colorado and Arkansas could flip from Democrat to Republican as a direct result of these primary contests.  Obviously, the more Republicans elected, the less power the Unions will have in Congress.

In the long run, it will probably make the Unions stronger because no Democrat elected to office can be assured that he or she will always have Big Labor’s support – no matter how they vote.

What baffles me is the split support Arlen Specter in PA is getting.  Considering the fact Specter is more than anyone else closest to the the sole cause on why EFCA did not pass last summer, I cannot understand why any Unions are supporting him against his primary opponent Joe Sestak who has promised 100% support of EFCA with no changes. 

Such actions really only dilutes the message Big Labor is trying to send to elected Democrats.  Maybe Tipp O’Neil was right when he said “All politics is local.”   But if Big Labor wants to make a point, it is going to have to speak with one voice, otherwise, what is the message it is sending in the Specter/Sestak race?  It is OK to screw us so long as we like you on other issues? 

If Big Labor’s goal is to nationalize elections, then it needs to get its own house in order first.

Union’s Win First Concession from Obama

Even though Craig Becker, an attorney with the SEIU, was REJECTED to be appointed to the National Labor Relations Board by the Senate in a bi-partisan vote ,  it would appear that the Unions in general, and Andy Stern in particular, are so outraged by the Democrats failure or incompetence to pass the Employee Free Choice Act a/k/a EFCA, that they have demanded, and Obama has agreed, to give Becker a recess appointment to the NLRB anyway.

In earlier posts, we have discussed Mr. Becker and his agenda for labor.

Obviously, the hopes by the Unions are that Becker can do what the Democrats failed to do, and enact EFCA in NLRB cases.  It is what we call legislating from the bench and make no mistake about it, that is EXACTLY what the Unions want him to do and that is EXACTLY what he WILL do.

Why would Becker want a job that he can only hold for less than a year unless in that one year’s time, he intends to wreck havoc on companies and seek revenge for all the slights that labor has suffered under BOTH the Bush and the Obama administrations to date.

While I understand Labor’s frustrations at the Democrats, I just don’t think they ought to atone for this sin by placing on the NLRB an in your face left wing nut who wants to enact the EFCA legislation by NLRB decisions .

Labor acts as I predicted it would


Big Labor is now doing exactly what I predicted it would do in an earlier post.  It is seeking revenge on specific Democrats for their failure to support and pass the Employee Free Choice Act a/k/a EFCA.

Here is a quote published today in a labor publication regarding the AFL-CIO Executive Council meeting in Florida:

“The labor movement is pissed off, in so many words, at the Obama administration…”

“The council members also didn’t spare the Senate. The federation’s formal backing of its Arkansas affiliate’s endorsement of Democratic Lieut. Gov. Bill Halter in his planned May 18 primary showdown against Sen. Blanche Lincoln sends that message. So does a pledge of substantial money from AFSCME, CWA, SEIU, the Steelworkers and the Teamsters to Halter’s campaign.”


First it was Senator Bennett in Colorado and now it is Senator Lincoln in Arkansas.  The Unions have a hit list and they intend to carry out their political executions in public of all Democrats in Congress who failed to follow the mantra of EFCA.  The unions feel that these people betrayed them and they are not going to rest until they send every elected Democrat a message not to ever get on the wrong side of them again.

From a union standpoint, who can blame them?  The Democrats blew the biggest opportunity they have had in probably 30 years to reverse the decline of organized labor and the labor unions are not going to let the Democrats forget it anytime soon.  Trumka was played like a fiddle as he bowed to the White House demands that legislatively healthcare must go first through Congress. 

Unbelievably, Obama still won’t let healthcare go.  While the County wallows in 17% in real unemployment, instead of concentrating on fixing the economy, Obama still can’t let healthcare and a new trillion dollar deficit program go.

Meanwhile, Labor now sees a 40% tax on their own healthcare benefits in the healthcare program Obama wants to pass.  Further, the backroom deals to exempt labor until 2015 probably won’t survive the public’s light on these “backroom” deals Obama cut to try and get it passed.

So the next question is if Obama will be on this same list to be defeated when it is his turn to run?  Certainly, he is the primary person to be blamed for the failure of EFCA to pass as he placed it at the very bottom of his legislative agenda and given it nothing but lip service.  I seriously doubt if Hillary Clinton would have made the same mistake as Obama did.  She learned many years ago that major reform of healthcare is a bottomless pit politically.  Whereas, Clinton would have known that passage of EFCA would have brought tons more money to the Democrats in power. 

Therefore, one has to ask Big Labor, what exactly did you guys buy for $400 MILLION in campaign contributions?  I really think they need to ask for a refund!  Clearly there must be a buyer’s remorse.

Big Labor Agenda is DEAD – For NOW

Unions spent $400 Million dollars to get a large majority of Democrat Representatives in the House, a super majority of 60 Senators in the Senate and President Obama elected to office.   Last January the Unions were literally on top of the world.  They paid a high price for their success and they surely expected to be rewarded.  Make no mistake about it.  These people were all bought and paid for by the Unions and the Unions expected to cash in their chips. 

Last January I was predicting that House Bill # 1 that would come out of the House would be the Employee free Choice act or “EFCA.”  This was without question the big prize that the Unions all wanted.  It would take the 7% of the private sector workforce that was unionized and expand it to 14% in short order.  And it made a lot of sense if you were a Democrat to pass such legislation because if the Unions could raise and spend $400 MILLION dollars with 7% of the private workforce, they could raise and spend $800 MILLION dollars with 14% of the private sector.

It is old news that Scott Brown pulled off a miracle for non-union employers when he won the Kennedy seat in the Senate.  A seat that had been Democratic since the mid 1950’s when John Kennedy held that same seat.  A miracle even more so when you look at the registered voters and see 1.5 million Democrats registered to 500,000 Republicans.

With this one victory, Big Labor has seen its agenda to pass EFCA, to change the Railway Labor Act so it would be easier to organize Fed Ex and a whole host of other changes just disappear.  Moreover, with the up-coming fall elections, it looks like even more House and Senate seats will change to Republican.

The big news what is now going on inside labor.  It is simply the fall-out of the Unions with those Democratic politicians who blew the best chance Big Labor ever had to see real changes in the law that would help Big Labor from becoming extinct — just like the dinosaurs. 

What happened can only be described as the worst political blunder this writer has ever seen in his lifetime.  With $400 MILLION dollars spent, with the promise of raising another $800 MILLION dollars in the next election cycle, how in the world could the Democrats so blow this for the Unions?

I expected House Bill # 1 to be passed and sent over to the Senate.  I expected that once Al Franken was seated in the Senate that Harry Reid would stop Senate business, bring EFCA directly to the Senate floor, that 60 Democrat Senators would vote down the filibuster, and that about 5 of those same Senators would then vote against the bill so they could say to the folks back home, “I voted against EFCA.”

This is what the Unions expected in January of last year and rightfully so based upon what they had done for the Democrats.   What happened?  Politics inside the Democratic party destroyed the Union’s agenda. 

The first thing that happened was Nancy Pelosi played politics by refusing to vote EFCA out of the House until the Senate acted first.  The next thing that happened is that Arlen Specter, who when you look op the word “opportunist” you will see his picture, decided to play politics by demanding changes in the bill.  Yet, on the campaign trail Specter told the union faithful that they would be happy with his vote on EFCA.  Then the final stake that was driven into the heart of Big Labor’s legislative agenda was that President Obama promised them an EFCA vote, “After health care was passed” and they bought it hook, line and sinker.

As a result of these items, when Scott Brown was elected, there was no bill before the Senate on EFCA, so Reid could not bring up the House bill (thank you Nancy Pelosi) and there was no consensus on a bill in the Senate because of Specter (thank you Arlen Specter) and there was no leadership in the Senate to get this passed after Al Franken was elected (thank you Harry Reid).

The Union’s having seen the “pearly gates” only to have the whole image wiped out on one Tuesday night in February in an election most people thought a dead Democrat could win are without question upset.  And rightfully so because if I were a Union member, the FIRST thing I would want from these Democrat Keystone Cops would be my money back!  Since that cannot happen, the Democrats are now facing a mean and nasty Big Labor that is turning on the Democrats.  And from their standpoint, rightfully so because when they needed key support, it was either not there at all or at best it was weak and ineffective.

The first fall-out is in Colorado where the Teamster and UFCW Unions have endorsed in the primary not sitting Democratic Senator Bennett but his opponent.  Senator Bennett played politics with EFCA, refused to take any stand on it, and is now paying a price.  Using this as a standard, I would think the Union’s hit list would be quite long.   Senator Nelson of Nebraska certainly comes to my mind.  Senator Feinstein has also got to be on this same hit list.

I would think next on the list ought to be Senator Specter.  After all, if it were not for him playing politics with this issue, Harry Reid might have brought EFCA out for a vote.  Next on the list has got to be Blanche Lincoln from Arkansas who in the land of Wal-Mart last year in the fall decided to publically oppose EFCA.  Since she is way down in the polls and unlikely to win in November, the Unions are quite likely to refuse to endorse her and either not spend any money in the state or maybe even actively oppose her just to send a message to Senator Mary Landrieu of La. that she had better not use Lincoln as a model of behavior.  Call this one the shot over the bow to Landrieu, so to speak.

What will the Union’s get out of this blood letting you may ask?  A lot more than you might otherwise think.  First of all, what they will have are far more hard core Union supporters.  Then they also achieve the “Don’t mess with us” message that people like Harry Reid can’t deliver.  Reid does not care as much for the Union agenda as he does his Democratic majority.  Thus, the only effective choice the Union’s have is to take out every Senator who opposed them and make sure those in office vote the way labor wants.

There is going to be a sea change as a result of this.  Short term it will help the Republicans.  But long term, it will make the Union’s stronger because the Democratic voice they will have in the Senate, when it comes to union issues, will all sing the same song and they WILL sing in key.