Archive for the ‘Legal Eagle’ Category

Republican members of the Wisconsin State Senate received the following email threat late Wednesday following the Senate vote to end some collective  bargaining rights and stop mandatory union membership by government workers. More concerning is the lack of coverage and outrage by the Main Street media and the White House. Members of the media were quick  to blame the tea party movement for the tragedy in Arizona that left Congresswoman Giffords injured and several people dead. Serious threats coming from “their side” seem to be less important.

Can you imagine if the Tea Party would do anything like this…. We have had enough of the Double Standard where is the MEDIA!!!!!

Please read the entire letter sent to the Wisconsin Senate From:Dustin Stockton, Chairman
Western Representation PAC

Below is the text of the email.
From: XXXX
Sent: Wed 3/9/2011 9:18 PM
To: Sen.Kapanke; Sen.Darling; Sen.Cowles; Sen.Ellis; Sen.Fitzgerald; Sen.Galloway; Sen.Grothman; Sen.Harsdorf; Sen.Hopper; Sen.Kedzie; Sen.Lasee; Sen.Lazich; Sen.Leibham; Sen.Moulton; Sen.Olsen
Subject: Atten: Death threat!!!! Bomb!!!!
Please put your things in order because you will be killed and your familes will also be killed due to your actions in the last 8 weeks. Please explain to them that this is because if we get rid of you and your families then it will save the rights of 300,000 people and also be able to close the deficit that you have created. I hope you have a good time in hell. Read below for more information on possible scenarios in which you will die.
WE want to make this perfectly clear. Because of your actions today and in the past couple of weeks I and the group of people that are working with me have decided that we’ve had enough. We feel that you and the people that support the dictator have to die. We have tried many other ways of dealing with your corruption but you have taken things too far and we will not stand for it any longer. So, this is how it’s going to happen: I as well as many others know where you and your family live, it’s a matter of public records.
We have all planned to assult you by arriving at your house and putting a nice little bullet in your head. However, we decided that we wouldn’t leave it there. We also have decided that this may not be enough to send the message to you since you are so “high” on Koch and have decided that you are now going to single handedly make this a dictatorship instead of a demorcratic process. So we have also built several bombs that we have placed in various locations around the areas in which we know that you frequent. This includes, your house, your car, the state capitol, and well I won’t tell you all of them because that’s just no fun. Since we know that you are not smart enough to figure out why this is happening to you we have decided to make it perfectly clear to you. If you and your goonies feel that it’s necessary to strip the rights of 300,000 people and ruin their lives, making them unable to feed, clothe, and provide the necessities to their families and themselves then We Will “get rid of” (in which I mean kill) you. Please understand that this does not include the heroic Rep. Senator that risked everything to go aganist what you and your goonies wanted him to do. We feel that it’s worth our lives to do this, because we would be saving the lives of 300,000 people. Please make your peace with God as soon as possible and say goodbye to your loved ones we will not wait any longer. YOU WILL DIE!!!!
We take threats such as this very seriously. To the protester’s credit, events in Wisconsin have been so far, largely peaceful. We can only pray that those responsible for these threats are arrested quickly and prosecuted. Lack of outrage by the Main Street media will only embolden extremists bent on using violence to get their way.

We as Americans have to expose this to our fellow Honest … Friends . please read this letter and pass it to your friends .. You know the MEDIA will not.

Thank You !!!! Fighting to keep Americans work choice free with NO Union Pressure !

Five states already have laws that prohibit collective bargaining in the public sector.In addition, several states have passed limitations on public sector bargaining rights in the past decade. Indiana Governor Mitch Daniels repealed collective bargaining rights for state employees in 2005, as did Missouri’s governor in the same year and Kentucky’s governor in 2003, all three of which used did so by executive order. Even the federal government restricts collective bargaining to issues such as working conditions, while prohibiting it for wages and benefits.

Please read the article by: The Free Enterprise Nation

They also have a chart showing facts about the states that prohibit collective bargaining. Hopefully more states will get involved and start doing what is best for all Americans.

Good teachers (and there are many of them) could actually benefit if the collective bargaining practice was ended.  Collective bargaining has lead schools and government agencies to accept contracts treating every employee exactly the same. Teachers that perform well receive the same pay and benefits as the teachers who perform poorly.  The result is that there is no incentive to excel as an educator and it is incredibly difficult to remove bad teachers under collective bargaining agreements. That being said, we know there are thousands of teachers doing their best every day under the current educational system to give students a good education. This fight has never been about them.

We do not dispute that unions played a large part in bringing about improvements to work conditions that we all enjoy. For that we are thankful. Riding on the coattails of history, modern unions are now little more than a political arm of the Democratic Party. National teacher’s unions time and time again use the phrase; “If you love the children, you need to spend more on education”. At the same time, performance in our educational system has been declining for many decades. We can and must do better for our children.

Please read the entire atricle by: Dustin Stockton, Chairman
Western Representation PAC

Good teacher are very important to our countries growth and success and educating our children so they can grow and become strong bright Americans. Protecting bad teachers on the other hand is criminal !

Great job Governor Scott Walker !!  We need more strong honest men like you. We all need to cut back and get our country on the right track. We can not believe it is that difficult for so many of our “SMART” Leaders to understand you do NOT spend money if you do not have money.

The Senate’s 14 Democrats had fled to Illinois to prevent the chamber from attaining a quorum and passing the collective bargaining measures, which they have called an unnecessary attack on the rights of public employees. Republicans were able to move ahead by voting only on the nonfinancial aspects of Walker’s proposed bill, which requires fewer members for a quorum.

We need more Governors like Mr. Walker who will stand up against the big government powers and do what is right for all Americans !

Walker and GOP lawmakers are trying to close a $137 million budget shortfall with a plan that calls for curbs on public employee union bargaining rights and requires public workers, with the exception of police and firefighters, to cover more of their retirement plans and health care premiums.

We think it is time the union worker start paying their FAIR share of their retirements and healthcare like the rest of America !

Please read the rest of this article From Ed Lavandera, CNN

As Americans we Love this great country and will do what it takes to keep this great nation running. Pay attention Unions nothing is FREE with out giving..Remember the TAX payers money is supporting you! Do what is right for AMERICA.

STOP GOVERNMENT SPENDING.

Many Merit shop are dealing with this everyday. We were thinking President obama was telling Americans to cut down on their salt intake… Maybe the Unions need to pay attention to what their leader is saying !

“ ’Salting’ is the deliberate act of getting a job at a specific workplace with the intent to organize a union. Most union campaigns start with a lone individual or small group of individuals with no union experience deciding to organize a union from scratch. Sometimes, a union campaign can be strengthened if you know of a friend with union organizing experience. By applying for open positions at your workplace, your friend can secretly help you organize your workplace. There are other circumstances where salting is used“ ’Salting’ is the deliberate act of getting a job at a specific workplace with the intent to organize a union.

If you want to get a union’s perspective on the tactics and strategy behind salting employers, head over to this site managed by the International Brotherhood of Electrical Workers Local 363 and study up!

Pay attention Small business owners Salts maybe heading to your company or maybe they are already there !

Less than 24 hours after delivering the State of the Union, which largely focused on jobs and the economy, President Barack Obama already broke his word to workers and small businesses by re-nominating labor radical Craig Becker, a former attorney for the Service Employees International Union (SEIU), to the National Labor Relations Board (NLRB). 

In his address to the nation, the President stated his administration will ‘fix’ any ‘unnecessary burden[s] on businesses,’ yet one of his first acts following those words is to nominate an individual who is committed to job-killing policies. 

In re-nominating Becker, President Obama has sent the message to employers across the country that his rhetoric is just that, and the nation’s chief executive is more concerned with paying back union bosses than turning the economy around.  WFI will work with small business owners to ensure the Senate once again rejects the Becker nomination in a bipartisan manner.

It’s important that workers and job creators remain vigilant.  Big Labor has one goal: empower government bureaucrats like Craig Becker, whose goal is to force unionization on employees and employers alike.  Their number one legislative priority, the Employee ‘Forced’ Choice Act has been defeated, and now Big Labor is focused on getting bureaucrats like Becker to do their bidding.

Please check  this out  :

WFI launched a Workplace Fairness Hotline where you can tell us about your experience with excessive regulations and workplace unfairness, and how they are harming your small business.

Together, we can shine a spotlight on unaccountable agencies like the NLRB and advocate against these destructive policies. 
Sincerely,

Katie Gage
Executive Director
Workforce Fairness Institute (WFI)

This is a wonderful site they are helping small business in our fight to keep our work choice FREE & FAIR !

Urgent Action Call: Outrageous NLRB Posting Requirements and how ALL Private Sector Employers Should Immediately Respond.

Please pay attention this will effect ALL businesses.

Last week the National Labor Relations Board (NLRB) dropped a bombshell. Beginning early in 2011 your firm must notify every one of your employees about how to organize a union in your workplace (by posting, email and website). The NLRB is suggesting severe penalties for employers who fail to comply with the posting requirement.

This posting is required of all employers, whether unionized or not, and of course chooses only to notify employees of some of their rights (you guessed it… the ones that benefit unions)

Labor Relations Institute will help your business with what you need to be ready for this rule when it goes into effect.

•    Exactly what the NLRB wants you to post (you’ll receive a copy of the proposed posting language as part of the call packet);
•    The new proposed penalties and how they could impact your company;
•    Specific actions you can take today (including suggested language you can “cut and paste”) to influence – and hopefully stop – the proposed rule from going into effect;
•    How to tell whether you have to email the notice or post it on your website;
•    Should you produce a posting that “fills in the blanks” for employees and educates them about their right to oppose unions, their Beck rights, or their right to decertify or deauthorize a union? If so, what should it say?
•    Other proactive steps you should begin taking TODAY so that your company is ready when the rule goes into effect in sixty days.

Please read the post above : What is the NLRB up to now ? Follow the link to the Labor Relations Institute for help and information on this.

We as Americans and business owner need to be aware of  how the NLRB is favoring the Union Companies and not being fair to Non-Union companies.

We better keep out eyes open , the NLRB is looking at passing new rules for all businesses.

The NLRB just announced a proposed rule requiring businesses to post notices in break rooms to inform employees of their rights to to bargain collectively, distribute union literature or engage in other union activities without reprisal. The NLRB issued a statement saying: “The intended effects of this action are to increase knowledge of the NLRA among employees, to better enable the exercise of rights under the statute, and to promote statutory compliance by employers and unions.” The Notice of Proposed Rulemaking will be published in the Federal Register tomorrow, and members of the public can submit comments on the proposal for 60 days, until February 22, 2011.

Labor Relations Institute will keep us all up to date on what is going on with this new rule.

Link To Story.

We recently came across this article talking about how the Obama Administration and the GSA are working to support the PLA’s. The Daily Caller had this to say.

This week, nineteen GOP members of Congress, including the incoming House Oversight and Government Reform Committee chairman Rep. Darrell Issa (R-CA), sent a letter to GSA officials, asking why the agency is giving special treatment to Big Labor on federal construction projects exceeding $25 million in total cost.

According to the enclosed April 30, 2010, memo from the GSA’s Public Building Service (Instructional Bulletin 10-4), the GSA has changed its procurement policy to encourage the use of PLAs on all GSA construction projects exceeding $25 million. It appears this change gives contractors who agree to execute PLAs an unfair advantage when competing against qualified contractors unwilling to use PLAs.  We are concerned that this violates the longstanding competitive bidding principles governing federal procurement.

  The GSA’s PLA preference is problematic.  As members of Congress we have heard numerous complaints from the construction community that PLAs discourage competition from qualified contractors and their skilled employees, including small and minority and women-owned businesses.  PLAs serve as a barrier to new jobs for more than 85 percent of the U.S. construction workforce—those who have decided not to join a labor union—and several studies found that PLAs increase the cost of construction by as much as 18 percent.e GSA’s PLA preference is problematic.  As members of Congress we have heard numerous complaints from the construction community that PLAs discourage competition from qualified contractors and their skilled employees, including small and minority and women-owned businesses.  PLAs serve as a barrier to new jobs for more than 85 percent of the U.S. construction workforce—those who have decided not to join a labor union—and several studies found that PLAs increase the cost of construction by as much as 18 percent.                                     Please read the entire article

Labor law has undergone some very scary transformations in the past few months, and there is one law firm that is breaking grounds in delivering the message that everyone needs to hear.

Even with the Employee Free Choice Act (EFCA) now seemingly DOA, major reform of labor law is not far off. Wilma Liebman and the three new Obama appointees, including Craig Becker, are now in the driver’s seat at the National Labor Relations Board. Big Labor justifiably expects the Liebman/Becker-led Board to deliver on Obama’s campaign promises and to revamp federal labor law in its favor.

Christina Kotowski and Mark Ross of Fisher & Phillips, LLC have taken the issues of labor reform and they laid out the direction that the current administration is headed down.

As part of its reform of the National Labor Relations Act (NLRA), the Board will likely institute administrative rulemaking before the end of 2011. The new legislative rules that emerge from this rarely-used process will have the full force and effect of law and will create a new playing field that is heavily tilted in favor of union organizing and union bargaining rights.

Please notice that this has been pushed through using a “rarely-used process” and that this new field is a way to get legislation passed through a back door, giving the union unpresidented bargaining rights.

The NLRA is no exception. Section 6 of the Act specifically grants the Board authority to promulgate “such rules and regulations as may be necessary to carry out the provisions of this Act.” Despite this broad authority, the Board has generally avoided the rulemaking process. Instead, it chooses to announce its labor policies and rules of general applicability in the decisions generated by hearings on election petitions and unfair labor practice charges.

Look at this section closely, there is a provision that not only lets this board set up authority to write the rules they can also carry out the provisions to enforce the rules.  That is a lot of power for a board to have!

It is akin to having the police, judge, and executioner being one and the same, with no checks to ensure the right things are being done.

Unions and many commentators favor this “vote first, then litigate” approach, believing that this one procedural change alone will dramatically alter the R‑case playing field and substantially improve a union’s chances of successful organizing. It would also require employers to be far more anticipatory and proactive in response to possible organizing.

Imagine a world where they believe you guilty, throw you in jail, then decide to ask questions.  Thatis what we have here, litigation is never the place that rules and regulations should be sorted out. 

In the end, we recommend that you read this article, yes, it is long, but it is full of information about what is currently going on and well worth the time it takes to read.