Fighting Unions in Bizarro World

June 9th, 2011 by Phil Mattera

UAW President Bob King (left)

Some right-wingers in Congress appear to be envious of their state counterparts who have been attacking labor rights in legislatures across the country.

They were given an opportunity to engage in some union-bashing of their own at a recent hearing of the House subcommittee on Health, Employment, Labor and Pensions, known as HELP.

The Right is already up in arms about a National Labor Relations Board complaint charging Boeing with shifting work from its unionized operations in Washington State to union-unfriendly South Carolina to retaliate against worker activism. Now HELP chair Phil Roe of Tennessee is accusing the Board of making it easier for unions to use corporate campaign tactics against employers.

Roe and other panel Republicans seem to be living in a parallel universe in which large numbers of companies are forced to their knees by ruthless corporate campaigns, and workers suffer from intimidation not from anti-union employers but from labor thugs who will stop at nothing in their organizing efforts.

The depiction of this bizarro world was aided by the choice of witnesses at the hearing. There were, of course, no union representatives. Instead, the panel included the president of a janitorial company in Indiana that had been targeted by the Service Employees International Union; a contractor from New Mexico representing the anti-union Associated Builders and Contractors; and a partner in the law firm of Morgan, Lewis & Bockius, which is infamous for its work in opposition to organizing drives.

The only shred of legitimacy came from the one other witness—Catherine Fisk, a law professor from the University of California-Irvine—whose testimony documented the legal justification for the tactics that make up corporate campaigns. But she was mainly ignored by the subcommittee Republicans, who spent most of their time lavishing praise on the two business owners, especially the janitorial executive, David Bego, who has self-published a book about his struggle with the SEIU entitled THE DEVIL AT MY DOORSTEP.

Excerpts from the book on the web begin as follows: “It was a nasty, ugly, three-year, million-dollar war I did not ask for, but had to win. Otherwise, the business I loved would be infiltrated by a scheming labor union determined to undermine employee privacy rights and destroy my version of the American Dream.” Bego also pursued his dream by campaigning aggressively against the Employee Free Choice Act.

Attacks on corporate campaigns have surfaced before in Congress from time to time. These go nowhere, because any restrictions would inevitably violate the First Amendment and the National Labor Relations Act. The real counter-offensive comes in the courts, where large companies such as Smithfield Foods, Wackenhut and Cintas have filed racketeering lawsuits to harass unions engaged in such campaigns.

Apart from the Boeing-NLRB controversy, which has little to do with corporate campaigns, it is curious that a new foray against this union tool would occur now. Unfortunately, there has not been an explosion of aggressive organizing drives, and union density in the private sector is dwindling.

But perhaps Rep. Roe is concerned about what may be coming next in his home state. Roe’s district is not far from Chattanooga, where Volkswagen recently opened a $1 billion auto assembly plant. The workers there currently have no union protection, but that could change. The United Auto Workers has announced a new effort to organize the foreign auto plants clustered in the southeast, and the union’s new president Bob King vows it will be much more vigorous than past initiatives.

The UAW has not indicated which producer will be targeted first, but VW is probably a leading candidate. The German company recently shook up the auto world by revealing that it will keep its labor costs in Chattanooga far below not only those of its Detroit rivals but also those of U.S. plants run by Japanese competitors such as Toyota and Honda. With wage and benefit offerings at rock-bottom level, VW workers might very well be receptive to what the UAW has to offer.

A successful union organizing drive in eastern Tennessee would be a nightmare for the likes of Phil Roe. Fortunately, there is probably little he can do to prevent that possibility.

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