'70s Radical Mark Dayton Gets Court Smackdown for his Big Labor Scheme

'70s Radical Mark Dayton Gets Court Smackdown for his Big Labor Scheme

Minnesota Judge Dale Lindman ruled that Gov. Mark Dayton's Executive Order (EO) calling for the unionization of child care providers is unconstitutional.  Judge Lindman, an appointee of Gov. Arne Carlson, said that Gov. Dayton's EO is "an unconstitutional usurpation of the Legislature's right to create or amend laws", which "is a violation of the Separation of Powers principle." The Examiner called it s "stinging defeat for Gov. Dayton, AFSCME and the SEIU."   Judge Lindman said that the BMS doesn't have statutory authority through Chapter 179 to get involved in this dispute, adding that they only have the authority to mediate in employer-employee disputes. HotAir.com weighs in on the news: Dayton attempted to bypass the state legislature in this effort by declaring through executive order that day-care centers that indirectly receive state aid through their clients are in effect public-sector workplaces — a definition not found in law or in legislative intent.  In fact, as Gary Gross points out, it arguably contravenes state law.  That way, Dayton could order an election that would allow his union allies to force their way into day-care workplaces, including many independent operations, and start extracting dues on a massive basis. I use the word extreme for a couple of reasons.  First, it fits; had Dayton succeeded in his imposition of public-worker status, the precedent established would have been so broad as to threaten the very notion of a private-sector workforce altogether.
Presidential Power Abused at Big Labor's Behest

Presidential Power Abused at Big Labor's Behest

Right to Work Fights Back Against 'Illegal' NLRB Appointments (source: National Right To Work Committee February 2012 Newsletter) Under Article II, Section 2 of the U.S. Constitution, the President has the power to appoint "officers of the United States," but only "by and with the advice and consent of the Senate." The Constitution makes it clear that only in cases when "vacancies . . . happen during recesses of the Senate" may the President make temporary "recess" appointments to offices that normally require confirmation by Congress's upper chamber. Unfortunately, in his eagerness to please union officials Inside the D.C. Beltway, a tiny but crucial constituency for his re-election bid this year, Democratic President Barack Obama is now seeking to render the Constitution's "advice and consent" requirement for executive appointments effectively meaningless. Early this January, the Senate was not in recess. For several weeks starting last December 20, the Senate was instead in a "pro forma" session during which it did not meet every day, but did periodically conduct business under "unanimous consent" agreements. No one can reasonably argue that this "pro forma" session was tantamount to a recess. Article I, Section 5 of the Constitution states that neither the House nor the Senate may over the course of a Congress "adjourn for more than three days" without "the consent of the other." A La Humpty Dumpty, Mr. Obama Insists 'Recess' Means Whatever He Says It Means As syndicated columnist Michael Barone has explained: "The House did not consent to the adjournment of the Senate this year, so there is no recess, and hence no constitutional authority to make recess appointments."
Presidential Power Abused at Big Labor's Behest

Presidential Power Abused at Big Labor's Behest

Right to Work Fights Back Against 'Illegal' NLRB Appointments (source: National Right To Work Committee February 2012 Newsletter) Under Article II, Section 2 of the U.S. Constitution, the President has the power to appoint "officers of the United States," but only "by and with the advice and consent of the Senate." The Constitution makes it clear that only in cases when "vacancies . . . happen during recesses of the Senate" may the President make temporary "recess" appointments to offices that normally require confirmation by Congress's upper chamber. Unfortunately, in his eagerness to please union officials Inside the D.C. Beltway, a tiny but crucial constituency for his re-election bid this year, Democratic President Barack Obama is now seeking to render the Constitution's "advice and consent" requirement for executive appointments effectively meaningless. Early this January, the Senate was not in recess. For several weeks starting last December 20, the Senate was instead in a "pro forma" session during which it did not meet every day, but did periodically conduct business under "unanimous consent" agreements. No one can reasonably argue that this "pro forma" session was tantamount to a recess. Article I, Section 5 of the Constitution states that neither the House nor the Senate may over the course of a Congress "adjourn for more than three days" without "the consent of the other." A La Humpty Dumpty, Mr. Obama Insists 'Recess' Means Whatever He Says It Means As syndicated columnist Michael Barone has explained: "The House did not consent to the adjournment of the Senate this year, so there is no recess, and hence no constitutional authority to make recess appointments."
Workers Fight Back Against Big Labor's Attempt to Nullify Right To Work in Indiana

Workers Fight Back Against Big Labor's Attempt to Nullify Right To Work in Indiana

National Right To Work Foundation Attorneys' are prepared for Big Labor Bosses and their legal shenanigans.  Hoosiers David Bercot, a certified wastewater operator for ITR Concession Company which services Indiana toll road rest stops in the Fort Wayne-area; Joel Tibbetts, a Minteq International assistant manager in Valparaiso; Douglas Richards, an employee with Goshen-based Cequent Towing Products; and Larry Getts, a Dana Holding Corporation tube press technician in Albion are standing up for their Right To Work.  From the Foundations release: Workers File Brief Opposing Union Boss Challenge to Indiana Right to Work Law National Right to Work Legal Defense Foundation staff attorneys provide free legal aid to workers defending law that ends union boss forced dues powers Hammond, IN (March 2, 2012) – In response to union bosses’ federal lawsuit against Indiana’s popular Right to Work law, a group of Indiana workers from across the state are filing an amicus brief in support of their newly-enacted Right to Work freedoms. With free legal assistance from the National Right to Work Foundation, the four workers – David Bercot, a certified wastewater operator for ITR Concession Company which services Indiana toll road rest stops in the Fort Wayne-area; Joel Tibbetts, a Minteq International assistant manager in Valparaiso; Douglas Richards, an employee with Goshen-based Cequent Towing Products; and Larry Getts, a Dana Holding Corporation tube press technician in Albion – all joined in the brief defending the law. Union officials publicly floated the idea of challenging Indiana’s Right to Work law before it was enacted. International Union of Operating Engineers (IUOE) Local 150 headquartered in suburban Chicago, Illinois filed a federal lawsuit late last month challenging the law and requesting an injunction against its implementation. Both Bercot’s and Tibbetts’s workplaces are unionized by the IUOE Local 150 union hierarchy. Both workers have refrained from union membership but are still forced to accept IUOE Local 150 union officials’ so-called “representation” and were required to pay dues to the union as a condition of employment before Indiana’s Right to Work law was enacted.
Workers Fight Back Against Big Labor's Attempt to Nullify Right To Work in Indiana

Workers Fight Back Against Big Labor's Attempt to Nullify Right To Work in Indiana

National Right To Work Foundation Attorneys' are prepared for Big Labor Bosses and their legal shenanigans.  Hoosiers David Bercot, a certified wastewater operator for ITR Concession Company which services Indiana toll road rest stops in the Fort Wayne-area; Joel Tibbetts, a Minteq International assistant manager in Valparaiso; Douglas Richards, an employee with Goshen-based Cequent Towing Products; and Larry Getts, a Dana Holding Corporation tube press technician in Albion are standing up for their Right To Work.  From the Foundations release: Workers File Brief Opposing Union Boss Challenge to Indiana Right to Work Law National Right to Work Legal Defense Foundation staff attorneys provide free legal aid to workers defending law that ends union boss forced dues powers Hammond, IN (March 2, 2012) – In response to union bosses’ federal lawsuit against Indiana’s popular Right to Work law, a group of Indiana workers from across the state are filing an amicus brief in support of their newly-enacted Right to Work freedoms. With free legal assistance from the National Right to Work Foundation, the four workers – David Bercot, a certified wastewater operator for ITR Concession Company which services Indiana toll road rest stops in the Fort Wayne-area; Joel Tibbetts, a Minteq International assistant manager in Valparaiso; Douglas Richards, an employee with Goshen-based Cequent Towing Products; and Larry Getts, a Dana Holding Corporation tube press technician in Albion – all joined in the brief defending the law. Union officials publicly floated the idea of challenging Indiana’s Right to Work law before it was enacted. International Union of Operating Engineers (IUOE) Local 150 headquartered in suburban Chicago, Illinois filed a federal lawsuit late last month challenging the law and requesting an injunction against its implementation. Both Bercot’s and Tibbetts’s workplaces are unionized by the IUOE Local 150 union hierarchy. Both workers have refrained from union membership but are still forced to accept IUOE Local 150 union officials’ so-called “representation” and were required to pay dues to the union as a condition of employment before Indiana’s Right to Work law was enacted.
Judge Rubberstamps Obama’s NLRB Dictate, Sidesteps Constitutionality Question Regarding Obama Illegal NLRB Appointments

Judge Rubberstamps Obama’s NLRB Dictate, Sidesteps Constitutionality Question Regarding Obama Illegal NLRB Appointments

From the The National Right To Work Legal Defense Foundation release: Federal Court Rubberstamps Obama NLRB Rule to Push More Workers into Union Ranks National Right to Work Foundation fights Labor Board’s decision to promote monopoly unionism in virtually every workplace in Amerrica Washington, DC (March 2, 2012) – Today, a federal judge upheld the National Labor Relations Board’s (NLRB) power to enforce its controversial new rule requiring virtually every employer in the country to post biased information about employee rights online and in the workplace, even if they’ve never committed a violation or been accused of unfair labor practices. The judge ruled that, if an employer fails to post the notice, it can be found to have committed an unfair labor practice and that fact can be used as evidence of “anti-union animus” in other cases in which an employer is accused of violating federal labor law. The National Right to Work Legal Defense Foundation in conjunction with the National Federation of Independent Business (NFIB) filed the lawsuit challenging the notice posting rules with the United States District Court for the District of Columbia. Patrick Semmens, Legal Information Director of the National Right to Work Foundation, had the following statement in the wake of the judge’s ruling: “It is unfortunate that the court rubberstamped the Obama NLRB’s rule, giving union bosses another tool to push workers into forced union dues ranks, and threatening employers if they don’t display biased pro-compulsory unionism propaganda on their property.
SEIU Rigs Card Check Vote

SEIU Rigs Card Check Vote

From The National Right To Work Legal Defense Foundation release: SEIU and Hospital Officials Hit With Federal Charges for Rigging Union Card Check 'Vote' Union organizers enter into corrupt agreement with hospital to force healthcare workers into union ranks using coercive card check tactics Orange, California (February 13, 2012) – A healthcare worker has filed federal charges against a major healthcare union and hospital officials for illegally rigging a union organizing "vote" and then forcing workers to accept an unwanted union in the workplace. With free legal assistance from the National Right to Work Foundation, Marlene Felter of Costa Mesa filed the charges with the National Labor Relations Board (NLRB). Service Employees International Union (SEIU) Healthcare Workers West union officials and Chapman Medical Center management entered into a backroom deal known as a so-called "neutrality agreement" designed to grease the skids for workers to be forced into union ranks. In the agreement, company officials granted union operatives access to company facilities to conduct a coercive "card check" organizing campaign, and waived the right to have a federally-supervised secret ballot election to determine whether employees wished to be unionized. Union organizers frequently use "card check" organizing tactics to bribe, browbeat, or cajole workers into forced-union-dues payments against their will.
NRTW Attorneys Prepared for Big Labor's Desperate Court Challenges in Indiana

NRTW Attorneys Prepared for Big Labor's Desperate Court Challenges in Indiana

From the National Right To Work Legal Defense Foundation: Washington, DC (February 2, 2012) – The National Right to Work Foundation announced today that it is launching a legal task force aimed at protecting Indiana’s newly-enacted Right to Work law. Union officials publicly floated the idea of challenging the law in Indiana's courts before the law was even passed by the Indiana state senate. Indiana is the nation's 23rd Right to Work state after the state senate passed the bill and Governor Mitch Daniels signed the bill into law on Wednesday. Foundation attorneys have successfully defended state Right to Work laws in the past, including Oklahoma's. The task force has already examined reported union lines of attack and determined that Indiana’s Right to Work law is on sound legal ground.