I‘ve got no burning love for Wal-Mart. I don’t shop there regardless of what they might be selling or how cheap it is. If they offered something that I really wanted at a price $20 bucks cheaper than their competitor, I would buy from their competitor and be more than happy to pay the extra money. I really don’t like Wal-Mart. I’ve personally seen how they treat their employees, and it is with absolute conviction that I say that, if I were facing starvation and homelessness, I would resort to robbing Wal-Mart Stores long before I would consider going to work for them. In the late 90′s I witnessed the impact one Wal-Mart had on a small Arizona community. They supplied quite a few low-paying jobs and relatively cheaper prices but they destroyed most of the town’s small retail outlets, and the family owned and operated businesses that had served the area honestly for decades simply couldn’t compete. Destroying all of the small competitors in town is not the full extent of the impact suffered. By moving into a small close-knit community and throwing up a big-box store that offers similar goods at drastically lower prices, Wal-Mart not only destroys their competition, they enter a new area with the conscious determination to undermine the loyalty of their competitor’s customer base, and in many cases, that loyalty was the accumulated result of faithful service over a long periods of time. Selling similar good at cheaper prices is a well accepted business practice that few would find fault with, however, setting out with the conscious intention to destroy the long-term trust and friendly relationships built up over many years between small but very dedicated family owned businesses and their neighborhood customers is purposely devious, and regardless of whether or not it is perfectly legal to do so, it is still unethical. Wal-Mart does not compete, they destroy, and after they’ve destroyed, they gloat about their ability ruin their competition. As I said, the impact of Wal-Mart goes beyond the destruction of their small competitors because the success of their effort is contingent on dividing the community, destroying long term relationships, undermining trust and tempting the morally challenged, weak-minded customers with cheap goods at even cheaper prices. Having a Wal-Mart move into a small town is the economic and psychological equivalent of being invaded by vampires. I am not a fan of Wal-Mart.
Regardless of what I think about Wal-Mart stores, I found myself supporting them when I read this morning’s newspaper article about how the AFL-CIO and three other labor groups have asked the Federal Election Commission to investigate whether Wal-Mart acted illegally when they forced their employees to attend meetings with store managers and supervisors for the purpose of lecturing them on the evils of electing liberal politicians. Apparently, Wal-Mart is concerned that if the Democrats prevail in the November elections they consider it very likely that they will pass legislation to remove the National Labor Relations Board requirement for secret ballot elections with respect to labor union organizing campaigns.
The final determination of whether or not a labor union can organize a company’s workforce is reached by a secret ballot election overseen by the National labor Relations Board. The labor union only needs to collect the signatures of 30% of a company’s employees to file a petition with the NLRB and force a vote. If the majority of the employees vote for union representation, the company really has no recourse in the matter. In states where there is no “Right To Work” protection, the employees who do not want to belong to the union also have little recourse in the matter. Once the ballots are counted and the union is found to be the victor, then all of the employees in job classifications claimed by the labor organizers either become union members and pay their monthly dues accordingly, or the become agency members and pay their monthly dues accordingly. Union members are the active rank and file body of the union along with the officers or administrative personnel who run the operation. Agency members are those who object to the union. Agency people are not considered members of the union by the “real” union members, even though they are required to pay the same monthly amount as the regular membership. The NLRB, in their infinite wisdom many years ago, determined that forcing employees into joining a union violated their constitutional rights, however, since agency members and union members were both regulated by the working agreement and benefit agreement negotiated between the labor union and the employer, it was determined that agency members should pay an equivalent amount in dues rather than get a free ride at the expense of the union members who did pay. The representatives of the NLRB approach union organizing drives and these secret ballot elections with serious intent.
The secret ballot election is designed to give the prospective union members their one final chance to determine their future. When the individual employee steps into the booth to cast his or her ballot there is no pressure from other workers, union officials or company supervision. No one will ever know how the individual employee voted and it is a classic demonstration of democracy in action. Unfortunately, for the labor unions, most secret ballot elections turn out against them and the vast majority of organizing drives conducted by labor unions fail in the secret ballot elections.
According to the labor unions, the reason so many organizing efforts fail during the secret ballot elections is that employers put an incredible amount of pressure on their workers in the days and weeks leading up to the election. Companies are allowed to conduct mandatory meetings with their employees prior to these elections. During these meetings the company’s are given extreme latitude with regard to how they approach the topic of a unionized workforce. They are free to make all sorts of subtle and not so subtle threats, they can make every attempt to discredit the union, its officers and it’s practices, they can lie to their employees with near total impunity and they can make promises they have no intention of keeping. In one on one meeting between supervisors and workers, the company can work to divide the employees, pitting one group against the other and fracturing their sense of cohesiveness. In many cases, employers have resorted to tactics of outright bribery targeting key workers known to be influential. However, in reality, most company’s do not resort to such drastic measures and, more often than not, if mandatory meetings are called, it is simply an opportunity for the company to advise their employees that if they chose to become union members it will alter the employer/employee relationship in ways that are not always beneficial. Ultimately, when the employee steps into the voting booth to cast his or her ballot, everything the employer has said, as well as everything the union has said, is put aside and the employee makes the decision. If the employer runs an operation that is cheap, dangerous and tends to be heavily oppressive towards the workers that supervision regard as being somewhat less than human, then there is a distinctly high probability for the union’s success. On the other hand, when the company is not that bad, attempts to treat their workers fairly, pays their people fairly and treats them with respect then there is a distinctly high probability that the union’s organizing drive is going to go down in flames.
The established procedure for reaching the determination of whether or not a company should allow it’s workers to become collectively organized is both efficient and equitable. The employees who will be have to live with the decision to join a union are the ones who make the choice and the secret ballot election is the best possible mechanism for each individual to express his or her desire in this regard. As I stated above, it is a classic demonstration of democracy in action and nothing could be more fair than the accurately tallied results of a secret ballot election. That is, unless you are a union organizer on the wrong side of the employee’s decision.
The legislation that Wal-Mart spoke out against is the same legislation that is fully endorsed by the AFL-CIO and the other three complaining parties. This proposed law is an abridgement of the National Labor Relations Act that would effectively eliminate the democratic secret ballot election now required by law. The elimination of the secret ballot election would allow labor organizers the ability to organize a company’s workers and force that company into contract negotiations once the union got 30% of the workers to sign a petition. In other words, once the union managed to intimidate, threaten or cojole 30% of the company’s workers into signing their petition, the entire workforce would union represented and no vote would be necessary or required because the democratic process for making the determination would be scraped entirely. Thirty percent of the employees would make the decision for 100% of the work force and the AFL-CIO ludicrously believes that this would be the epitome of fairness for all parties concerned.
Eighty-five cents of every dollar collected by American labor unions eventually finds its way into the campaign coffers of the Democratic National Party or the candidates they support and the rank and file union members have little or no say in the matter. Union members who are registered as members of the Republican Party and union members who are registered as members of the Democratic Party all pay the same amount of union dues. A small percentage goes to pay for the operation of the union’s office and the wages for their staff members, and the rest of it (in some cases up to 85%) is used to make contributions to Democratic politicians and political action groups supporting Democratic politicians. Every year American labor unions funnel more than $500 million from their union treasuries directly into Democratic campaign coffers. As a reward for their dedicated service ( and funding) to the Democratic Party, the Democratic politicians routinely promise the labor unions everything they ask for, and when the AFL-CIO approached them about legislation to eliminate the NLRB’s requirement for secret ballot elections, the Democrats were all too happy to oblige. This is not some half-cocked conspiracy theory, this is an easily substantiated fact of public record.
The misleadingly named “Employee Free Choice Act” ( S. 1041) was carried to the floor of the U.S. Senate by none other than God’s own liberal, the Democratic Senator, Ed Kennedy. The bill boasted 46 co-sponsors including the uber-charismatic senator from Illinois and current Democratic candidate for U.S. President, Barack Obama. The House or Representative version (H.R. 800) quickly passed by a vote of 241 to 185 but when the U.S. Senate voted on the motion to invoke cloture the vote came back 51 against and 48 in favor. Because 60 positive votes were necessary to invoke cloture in the Senate and none of the senatorial representatives were inclined to change, it was determined that the the misunderstood Democrats would not be able to deliver on their promise to the labor unions during the 110th United States Congress and the union organizers would just have to put up with things the way they are until the congressional balance could be changed and the Democrats gained full control over the entire United States government.
Orrin Hatch, the U.S. Senator from Utah summed up the entire escapade perfectly in his press release following the introduction of the bill by Senator Kennedy, when he stated, “This bill is unionization by intimidation, we wouldn’t allow politicians to bully voters at the ballot box, and we shouldn’t allow unions to do the same to employees. It seems obvious that big labor just wants to rebuild its membership rolls – and its bank account – through a forced unionization process.”
Senator Kennedy was trying to fulfill the Democratic Party’s promise to it’s union fund raisers by giving them the elimination of the Democratic secret ballot elections, and that was just the icing on the cake. The Employee Free Choice Act also contained the provision that, if the labor union and the company couldn’t reach an agreement within 90 days the government would step in and impose a generic labor agreement (developed with the assistance and guidance of the AFL-CIO) mandating the wages, terms and conditions of employment for two years and entirely denying the employees any chance to ratify or reject the terms of this agreement. Furthermore, even if the majority of employees were opposed to the agreement and the union representation, they would be prohibited from initiating a union decertification election for the entire two year period. This is what the Democratic Party and the labor unions who pay their way consider the ultimate in employee “Free Choice.”
Wal-Mart might be entirely lacking in ethics, they might be the biggest carnivore in America’s business environment, and they might be the last retail store company on the planet that I would endorse, but they are obviously not stupid. They realize that if the American voters elect a Democratic president in 2008 and the Democratic Party assumes full control over the United States government following that election, the American labor unions will, most assuredly, be granted their every desire, and the Employee Free Choice Act will be just a small part of the atrocious pro-union legislation passed for their benefit. With the changes wrought by the employee Free Choice Act the labor unions would finally be able to force Wal-Mart and every other union-resisting employer in the U.S. to their knees before the altar of collective bargaining. The ranks of the labor unions would swell to hundreds of times their current size. The union treasuries would overflow with the union dues taken from their members hard earned wages and, as the Democratic Party well knows, the vast percentage of that increased cash flow would end up in the pockets of Democrats where it would virtually guarantee them a strangle hold on American politics far into whatever future this nation might have remaining.
Wal-Mart stands in opposition to the Democratic Party and to legislation like the misnamed Employee Free Choice Act for their own self-serving reasons, and while the enemy of my enemy might not be exactly my friend, I reluctantly am forced to admit that, despite their motivation, Wal-Mart is correct when they tell their employees that if this nation falls to the control of the Democrats in November, life for American workers is going to become very difficult and any benefit, derived from the changes they and their friends in the labor unions impose, will not only be hard to discern but will result in substantial hardships and a reduction of personal rights for most American workers.
American workers have precious few actual rights guaranteed to them by law and the right to secretly cast their ballot during the determination process of a labor union’s organizing drive is something that should never be given away without a strong and determined fight. America’s workforce can not increase their strength by voluntarily reducing their own legal rights in the workplace, it can only make them that much weaker and any labor union or union official that suggests otherwise is a charlatan who is allowing their personal desire for power and control to outweigh the best interests of the union members.
If labor unions want to increase their membership they should do it by offering better and more honest service to their membership, and not by going behind their member’s backs to disreputable politicians who are willing to eradicate the few existing rights that American workers now have so that even more disreputable union leaders can enlarge their sense of power as well as their already lavish financial lifestyle at the forced expense of the unwilling.
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