When it Comes to Craig Becker, Heed the Words of his Supporters
NAM does a great job of exposing the AFL-CIO's intellectual dishonesty on recess appointments and the NLRB. Big Labor's supporters though do offer some truths about Craig Becker that we should listen to.
First, let's take a look at how the NLRB self-describes (my emphasis):
"The National Labor Relations Board is an independent federal agency created by Congress in 1935 to administer the National Labor Relations Act, the primary law governing relations between unions and employers in the private sector. The statute guarantees the right of employees to organize and to bargain collectively with their employers, and to engage in other protected concerted activity with or without a union, or to refrain from all such activity."
So it is an administrative body designed to protect the rights of workers. Is that what Big Labor is hoping Becker will do? William Forbath tells us no:
The Becker nomination offers President Barack Obama a more important opportunity, what he likes to call a teachable moment. Obama can remind both the public and his own party that unions are essential to any serious effort to put the economy back to work for middle-class Americans...
Pause. See this whitepaper "Is Unionization the Ticket to the Middle Class? The Real Economic Effects of Labor Unions" which "discusses why unions are not the solution to improving the prosperity of the American workers through an analysis of the unions’ macroeconomic effects on the economy." So if not the middle-class who are unions good for? Forbath again has the answer:
Unions spent $300 million for Obama and the Democrats in 2008. Unions are a key reason there remain substantial numbers of working-class white Americans who vote Democratic. But unions are on the verge of vanishing. If the Democrats won’t even go this far to halt the battering unions have been taking, then Democrats and the nation will be the losers. For soon, we won’t have any institutional player to do the heavy lifting, to provide the serious money the Democrats need to campaign for job creation, health care reform and financial regulation.
So the Becker nomination is not about protecting the rights of workers "with or without a union" but protecting a partisan money and astroturf gravy train. How would he do this? Well the AFL-CIO’s Stewart Acuff tells us, "[If] we aren't able to pass the Employee Free Choice Act, we will work with … appointees to the National Labor Relations Board to change the rules governing forming a union through administrative action[.]" Steven Hill and Dmitri Iglitzin have more (my emphasis):
In keeping with organized labor's wishes, President Obama has nominated two Democrats and one Republican to join the two sitting members...To understand what is at stake, it's necessary to understand the potential power of the NLRB, a little-known administrative agency with broad authority over labor matters...Most legal scholars and labor experts believe that the NLRB has the authority to enact procedural changes that could, among other things: drastically shorten the time frame for holding union elections; eliminate cumbersome pre-election procedures that allow employers to dispute who is eligible to vote in such elections; require the employer to turn over employee names, addresses and phone numbers early in any union organizing drive; require equal access to both workers and the workplace for unions during campaigns; and increase the penalties on companies that violate their workers' legal rights.
The NLRB even could make it easier for workers to unionize based on a card check showing of majority support--just as the EFCA would...Becker has argued that employers "should be stripped of any legally cognizable interest in their employees' election of representatives." In practice, this means that employers could no longer oppose union organizing drives through NLRB or other administrative proceedings but would instead become mere bystanders in that process...
...The battle over nominations to the NLRB, even more than EFCA, may be what really determines the extent of labor's gains under Obama. Should Obama persevere and see his nominations confirmed, there is reason to believe that much of what organized labor hopes to accomplish via EFCA will be realized through the rule-making power of the NLRB.
or after a quick rename to reflect its new mission, the National Unionization Board.
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