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Stewart Acuff

Stewart Acuff

Posted: February 3, 2010 12:39 PM

Restoring the Right to Form Unions and Bargain Collectively

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America's broad, deep Middle Class, indeed, the American Dream was formed in the 20-25 years after the passage of the Wagner Act in 1935 which codified the right of workers in America to freely form unions and bargain collectively.

Between 1935 and 1955 12 million workers formed unions and more than one in three workers in America became union members.

These workers literally bargained their way into the Middle Class and bargained into existence the American Middle Class and the American Dream.

We can restore that freedom to form unions and bargain collectively again, thereby increasing consumer demand to lift our economy and restore economic vitality and to allow workers to rebuild their power in the marketplace so critical to restoring the power average Americans need to get America back to work.

Labor unions, people of faith, civic and community leaders, academics, and other Americans of good will have been working hard since about 2002 to restore these very important freedoms. And until these freedoms are restored millions of workers will continue to be denied entry to the Middle Class.

Already 12 states have reformed their laws governing public employee labor relations to give state workers and others the freedom to form unions and bargain collectively--including majority sign-up.

Very productive work is underway to change the rules in the Railway Labor Act to restore essential freedoms to workers in America's transportation industry to form unions and bargain collectively.

Most importantly, we are very close to getting the support necessary to pass the Employee Free Choice Act which would simplify and streamline organizing, effectively punish employers who violate workers rights with $20,000 civil fines and triple damage back pay for firing workers, and force the Financial Elite to bargain in good faith with unions by allowing unions to seek arbitration for recalcitrant employers.

The legislation has the support of President Obama and the US House of Representatives which passed it 241-185 in March of 2007. The Employee Free Choice Act has the support of a majority of the US Senate. But under the current rules in the Senate you need not a majority -- 50 votes-- but a super-majority of 60 votes to move legislation to where a vote to pass it can even take place.

We are very close to the 60 votes we need. It we aren't able to pass the Employee Free Choice Act, we will work with President Obama and Vice President Biden and their appointees to the National Labor Relations Board to change the rules governing forming a union through administrative action to once again allow workers in America access to one of the most basic freedoms in a democracy--the freedom of speech and assembly and association so that workers can build the collective power to challenge the Financial Elite and Get America Back to Work.

Then, imagine, if forming a union were a simple, straightforward act, if the boss were powerless to stop you and if you could bargain for a fairer share of the wealth you create with your work and a real slice of the productivity you generate. And if together we could help one in five workers or one in three workers form unions where they work, then, together, unified we could have the people power to counteract the money power of the Financial Elite.

 
 
 
 
 
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03:15 PM on 02/09/2010
I want to help those who want to get the Employee free choice act enacted into law. To that goal I want people who support this employee free choice act look at this petition and sign it.

http://www.change.org/actions/view/i_demand_congress_and_the_president_enact_the_employee_free_choice_act

Thank you.
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HUFFPOST SUPER USER
JohnBryansFontaine
Liberal Democrat
09:12 AM on 02/04/2010
Will Employers stop demanding their 'right' to force a secret ballot on workers? Can the oldest anti Union Special Interest the righttoworkcommittee, stop its Lies about EFCA??


Regarding yet another of the anti-Union, anti-EFCA 'Will you Protect the Secret Ballot' ads posted, the True question is Should Employers, not Workers, have the 'right' ( as they do presently ), to demand secret ballots?

Quick Fact: George Will claimed EFCA would "abolish workers' rights to secret ballots"

http://mediamatters.org/research/201001290014
01:21 PM on 02/13/2010
Sir, your contention that employers "force" employees to have a secret ballot is ludicrous. A secret ballot is a fundamental foundation of democracy at all levels. Explain to me sir, why union officials sent a letter to Mexican union organizers telling them to demand secret elections? Your contention that somehow a secret ballot is bad is astounding and laughable in it's Orwellian way.
01:25 PM on 02/13/2010
Quick Fact: Mr. Will was right. Please explain sir, exactly how you coerce someone in a secret ballot?
03:20 PM on 02/03/2010
Mr. Acuff must be from some alternative universe. The 1935 Wagner Act - the first National Labor Relations Act - didn't give workers the right to form unions or to bargain collectively. Those rights existed all along. What it did was to compel employers to bargain with unions and give unions the right to impose representation on workers who didn't want it.

There is simply no possible way that unions and collective bargaining brought America's middle class into existence. It existed before the National Labor Relations Act and still exists despite the fact that union density in the private sector workforce has fallen from almost 35 percent at its zenith to approximately 7 percent today. For more on that see http://davidsvrwc.blogspot.com/2009/11/what-vanishing-middle-class.html

The Orwellianly named "Employee Free Choice Act" has little or nothing to do with giving employees a free choice, if it did it would repeal the section of the National Labor Relations Act giving labor unions monopoly bargaining privileges. It has everything to do with using the power of government in a vain attempt to restore the sagging fortunes of an institution that long ago outlived its purpose as a representative of workers and now struggles to survive on its political usefulness.
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JohnBryansFontaine
Liberal Democrat
12:29 PM on 02/04/2010
Mr. Denholm neglected to mention that he heads the anti-Union Public Service Research Foundation :

Role in the Anti-Union Network

The Public Service Research Foundation (PSRF) and the Public Service Research Council (PSRC) have campaigned against the right of teachers and other public sector employees to form unions and engage in collective bargaining for over three decades. While relatively small in size and funding compared to other groups, the organizations play a significant role by developing anti-union ammunition, which is distributed and advanced throughout the anti-union network.

The Foundation’s claim to fame was leading “the campaign for public support” of President Reagan’s “handling of the PATCO strike,” whereby Reagan permanently replaced the air traffic controllers who were on strike in 1981. Labor historians mark this event as a radical departure from the U.S. government’s recognition of collective bargaining as a public good, moving toward an aggressively combative stance against workers’ rights. The unparalleled act of firing 13,000 workers consequently legitimized unionbusting and helped the burgeoning field of union-avoidance consultants to explode into a muti-million dollar industry.

http://www.americanrightsatwork.org/the-anti-union-network/public-service-research-foundation/public-service-research-foundation.html
12:54 PM on 02/13/2010
Mr. Fontaine, his association with PSRC has nothing to do with the truth of his statements... and I would REALLY like to read the research you cite earlier. Unless you have polled all 60 million it would be childs play to skew the results...as is common with union supporters. Unions violate labor laws 4 TIMES more often than employers. And coercing someone who can VOTE SECRETLY??? How does that happen exactly? However, having union reps show up repeatedly at your house, at work, literally anywhere you go (which employers cannot do) is not coercion? Sir, Reagan was exactly right in how he handled PATCO...they were breaking the law and endangering public safety. And please explain to me the statement by Albert Shanker, ex - President of the United Federation of Teachers, "When school children start paying union dues, that 's when I'll start representing the interests of school children.” Unions crashed GM and Chrysler with the willing agreement by management. You CANNOT get more for labor than it's worth for long...soon reality will catch up and the global marketplace will hammer you in the face.
01:17 PM on 02/13/2010
I'm curious Mr. Fontaine, with whom do you work? Should we discount your pro-union statements because of an association with a union organization? Or simply because you are pro-union?
03:01 PM on 02/03/2010
American workers have proven they don't want unions. Unions are simply collecting dues to then send them to the Democratic Party. Democrats and labor unions understand that if more workers join unions the Democrats get more political payments. So, let's take away the secret ballot. Then, we can mislead employees into signing organizing cards and "presto" they automatically get a union (and have to pay dues to the Democrats). Quite a nice scam isn't it?
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JohnBryansFontaine
Liberal Democrat
12:32 PM on 02/04/2010
Myth: American workers have proven they don't want unions.

Fact: Nearly 60 million U.S. workers say they would join a union if they could, based on research conducted by Peter D. Hart Research Associates in December 2006.

Nearly 60 million U.S. workers say they would join a union if they could, based on research conducted by Peter D. Hart Research Associates in December 2006. But when workers try to gain a voice on the job by forming a union, employers routinely respond with intimidation, harassment and retaliation.

During union election campaigns, management routinely coerces employees to convince them not to choose union representation. According to a survey of National Labor Relations Board (NLRB) election campaigns in 1998 and 1999 by Cornell University scholar Kate Bronfenbrenner, private-sector employers illegally fire employees for union activity in at least 25 percent of all efforts to join a union.

Employees not fired fear losing their jobs if they support union representation. According to the Bronfenbrenner survey, management forces employees to attend group anti-union presentations in 92 percent of all union campaigns. Brent Garren, senior associate counsel for UNITE HERE, told a House subcommittee this past September that 79 percent of workers agreed workers are “very” or “somewhat” likely to be fired for trying to form a union.

http://www.aflcio.org/joinaunion/voiceatwork/efca/57million.cfm
01:01 PM on 02/13/2010
No sir, management DOES NOT routinely "coerce" employees. The do get to talk to them and tell them the MANY DISADVANTAGES of unionization...just like unions get to come on to the employers premises to tell their side of the story. Employers CANNOT go to the employees house repeatedly and "coerce" and "intimidate" them into signing a card. Explain sir, why unions won't actually call for an election until 70% of employees have signed cards? They know that employees who were intimidated into signing won't vote for unionization in a secret ballot. And it is AGAINST THE LAW to fire someone for trying to form a union. If unions could prove it, you don't think they would??? It is rare indeed for that to happen because the ramifications are so extreme. And how do you fire someone over a secret vote?
09:11 AM on 02/06/2010
scam you say,, well let's look at facts i work at a papermill for the largest coperation in the world. i'm union represented. this coperation also has non union mills that are nearly identical to my job, lets break it down first i earn 30 an hour, non union doing exactly same job i do, earn 12 an hour. i have top of list insurence even tho i pay a small percentage of cost. my non union fellow worker? has self insured standard that he pays 40%, i am treated with respect and dignity. i am highly skilled at what i do and always out produce my non union counter part through no fault of their own they are not given the training i am to compeate in global market partly because it's not easy to lock our gates without finacial responsability. fact is there have been many shutdowns in my industry. of those only 27% were union. now on a personal note considering i have benfited from union membership my rebuttal to your ill concieved comment must be misinformed, . in evidence is the federal minium wage. have you forgotten the thousands of tv comercials condeming the wage hike as un american? and destructive to american way of life? who sponsered these? large coperations. who was worried only about their way of life. so as i sit in my 4 bedroom home while my comparable non union brother struggles to live. i submit as far as mis guided?
01:07 PM on 02/13/2010
Mlr. UnionJoe, no offense intended sir, but your company is looking for ways to close your plant and shift its products elsewhere. You make the products NON COMPETITIVE with others made elsewhere and overseas. That means your company sells less because your company can't sell it's products for more money just to support your union benefits. Unions artificially inflate the value of your labor...sorry, but that's reality. Oddly, your fellow worker in a non-union mill has more job security than you do because as soon as it can outsource what you produce at an artificial premium, your company will do so and shut you down and eliminate the jobs in the union mill. It's the reality of the global free market.
jhNY
Mercy.
01:51 PM on 02/03/2010
"America's broad, deep Middle Class, indeed, the American Dream was formed in the 20-25 years after the passage of the Wagner Act in 1035.." Been out of college for decades, but I'm pretty sure, if the author's date here is accurate, that he is referring to William the Conqueror's invasion of England, only he's off by 31 years.