With 9.9% of America’s workers unemployed, and the United States facing Greece-like deficits, you would think that America’s leaders would focus on helping the private sector create jobs, instead of proposing rules to make it easier for unions to help cripple companies.
President Obama and his union cronies wants you and your company unionized, period. As a result, Washington’s union assault on America’s job creators continues and, if you are an employee or an employer, you need to be aware of this. If you have a friend or relative that happens to own a small business (with two or more employees), you need to make them aware of this too.
Forget about EFCA and Craig Becker at the union-controlled NLRB for a moment, because this latest tactic will probably leave you shaking your head in disbelief.
With the job-destroying (and hallucinogenically-named) Employee Free Choice Act on the back burner for the moment, President Obama’s Secretary of Labor Hilda Solis is pushing new rules to make it extremely difficult for employers to talk to their employees about unions.
Although unions win more than 60% of all NRLB elections, that is not enough for union bosses. You see, employees currently have a right to discuss unions with their employers through individual as well as group discussions. Union bosses do not believe employers should have any right to discuss unionization with employees and they are doing everything in their power to take that right away, without having to go through Congress.
- If your Company is targeted by a union, the Secretary of Labor wants your company to file financial disclosure reports if an attorney (or consultant) is hired to give advice, even if the attorney or consultant never speaks directly to employees.
- If your company is targeted by a union and an officer of the company, a supervisor, or an “employee” (such as human resources or employee or labor relations) speaks directly to employees about unionization, the Secretary of Labor wants to require your company to file financial reports on the amount of money spent on the “officer, supervisor, or employee” for such purposes.
Practical examples of the DOL’s intent
Example A:Suppose ABC Company is targeted by the Teamsters. One day, “Supervisor Joe” is having lunch with Bob (a union mole) out in the field.
Bob casually says to Supervisor Joe, “Hey, Joe. I got a letter in the mail last night from the Teamsters. It had a union card attached. What do you think I should do?”
Supervisor Joe responds, “Bob, that’s your choice. Personally, I don’t think a union is necessary here.”
Example B:ABC Company has a meeting with its new hires. During the new hire orientation, the Company’s Human Resources Director, Barbara, gives the new hires the Company’s position on unions.
Example C:Mom & Pop Diner has three waitresses who have been targeted by the United Waitresses Union, one day Mom & Pop’s get a petition from the NLRB. Mom & Pop do what most employers do, call their attorney.
The attorney gives Mom & Pop a lot of information about the law, Mom & Pop’s legal rights, the waitresses’ legal rights, as well as some talking points that Mom & Pop can use in discussing the union issue with the waitresses.
Do these examples seem innocuous? Well, these are the types of scenarios that the Secretary of Labor, under the propsed rules, could view as “reportable” to the Office of Labor Management Standards.
And, what happens if an employer (or attorney or consultant) ignores their reporting requirements?
“Any person who makes a false statement or representation of a material fact, knowing it to be false, or who knowingly fails to disclose a material fact, in any report required under the provisions of this section or willfully makes any false entry in or willfully withholds, conceals, or destroys any documents, books, records, reports, or statements upon which such report is based, shall be fined not more than $10,000 or imprisoned for not more than one year, or both.”
Again, the meeting at the OLMS will take place on Monday, May 24th, from 10:00 am until 12:00 noon. Although we’re fairly certain that the bulk of the attendees will be union lobbyists, it is a public meeting and we should have a report on this meeting for you the following morning (if not sooner).
“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.”Thomas Paine, December 23, 1776
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