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."
Hoosiers Deliver Clear Message to Congress

Hoosiers Deliver Clear Message to Congress

Mark Mix: "The only reason Hoosiers had to battle against the Big Labor machine for years to enact a Right to Work law is that Congress imposed forced unionism on their state . . . ." Credit: wsj.com   Indiana Right to Work Battle 'Really Resonates With Americans' (source: National Right To Work Committee February 2012 Newsletter) Hoosier legislators' approval early this year, by decisive margins in both chambers of the General Assembly, of H.B.1001, a measure making Indiana America's 23rd Right to Work state, is giving a boost to freedom-loving citizens' efforts to secure votes in the U.S. Congress on national Right to Work legislation. Wall Street Journal "Potomac Watch" columnist Kim Strassel alluded to the potential impact of a Right to Work victory in Indiana on a Fox News broadcast aired January 14, just as the battle at the state capitol in Indianapolis was heating up: "This is an issue in Indiana that really resonates with Americans . . . 'Are you going to be forced to join a union and pay dues?' Most Americans don't agree with that. If Republicans can frame that in a national debate, it definitely helps them." Bad Federal Policy Is the Reason Indiana Had to Pass a Right to Work Law Mark Mix, president of the National Right to Work Committee, later commented on Ms. Strassel's observation: "Of course, scientific surveys regularly show rank-and-file Democrats and Independents, as well as rank-and-file Republicans, overwhelmingly oppose compulsory unionism.
Major Right to Work Victory in the Midwest

Major Right to Work Victory in the Midwest

After years of intensely lobbying their elected officials and mobilizing their fellow citizens, pro-Right to Work Hoosiers saw a measure prohibiting forced union dues and fees signed into law this month. Indiana Becomes the 23rd State to Abolish Forced Union Dues (source: National Right To Work Committee February 2012 Newsletter) Just as this edition of the National Right to Work Newsletter went to press, Indiana became the 23rd state to adopt a Right to Work law prohibiting union officials from taking money from employees' paychecks as a condition of getting or keeping a job. In the late afternoon on January 25, a 54-44 majority in Indiana's state House of Representatives stood up to taunts and threats emanating from the hundreds of union bosses and other Big Labor militants who had been crowding the halls of the capitol for hours. Consequently, H.B.1001, a measure making it illegal to fire employees for refusal to pay dues or fees to an unwanted union, was adopted and sent to the state Senate. On February 1, the Senate, which had already passed another version of the Right to Work legislation, 28-22, approved H.B.1001 and sent it to GOP Gov. Mitch Daniels's desk. Heeding the pleas of thousands and thousands of Hoosiers who passionately oppose compulsory unionism, late last year Mr. Daniels had publicly announced he was strongly in favor of making Indiana a Right to Work state.
Taxpayers Fleeing Forced-Unionism States

Taxpayers Fleeing Forced-Unionism States

Mark Mix: Forced unionism is "an economic albatross for many states and for America as a whole." Credit FOXBusiness.com National Right to Work Law Could Finally Stop the Hemorrhaging (Source:  January 2012 National Right to Work Committee Newsletter) Perhaps the single most effective tool for measuring the long-term, ongoing migration of taxpayers and income out of forced-unionism states and into Right to Work states is furnished by the Statistics of Income (SOI) division of the IRS. And today any interested person can easily access SOI data through a data bank maintained on the web site of the Washington, D.C.-based Tax Foundation. Forced-Unionism States Are Losing Massive Amounts of Income as Well as People The SOI records the number of personal income tax filers who move (typically with their dependents, if they have any) across state lines, based on address changes shown on individual tax returns. The SOI data are arranged according to the year taxes are filed. For example, data for the Tax Filing Year 2010 show that a total of 1.35 million personal income tax filers were residing that year in a Right to Work state after residing somewhere else in the U.S. the previous year.
Hobbs Act Loophole Legitimizes Union Violence

Hobbs Act Loophole Legitimizes Union Violence

In southwestern Washington last September, overpowered police were unable to prevent bat- and ax handle-wielding union toughs from systematically sabotaging a multi-million-dollar grain terminal. Credit: AP Georgia Congressman Strives to Abolish 'Union-Thug Exemption' (Source:  January 2012 National Right to Work Committee Newsletter) In today's America, prosecutions of Big Labor arson, assaults, death threats, and other serious crimes are extraordinarily difficult. Such prosecutions are frequently hindered because of a loophole in federal law that exempts extortionate violence from prosecution when it is committed pursuant to so-called "legitimate union objectives." And one objective that federal law clearly deems to be "legitimate" is to expand the number of employees who are forced to accept union representation and pay union dues as a condition of employment. "Time and again, federal prosecutors have amassed extensive evidence that Big Labor bosses have orchestrated, authorized and/or ratified violence, vandalism and threats for union organizing purposes," noted Mark Mix, president of the National Right to Work Committee. "Nevertheless, because of the pro-union violence loophole in the federal Hobbs Act, extortion prosecutions of the implicated union officials ultimately fail -- or never even get off the ground." In its controversial 1973 Enmons decision, Mr. Mix explained, a divided U.S. Supreme Court exempted threats, vandalism and violence perpetrated to secure "legitimate" union goals. Union Goons in Buffalo Accused of Sabotage, Assault With a Knife, Rape Threat What this means in practice can be illustrated by a federal criminal case, now before U.S. District Judge William Skretny in New York, against 10 former officers and militants of the Buffalo-based Local 17 of the International Union of Operating Engineers.
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.
'Tis the Season to Shake Down Workers?

'Tis the Season to Shake Down Workers?

One ILA union don, Edward Aulisi (right), was allegedly caught on tape assuring a gangster that a change at Local 1235's helm wouldn't stem the flow of workers' money being funneled into mob coffers. Credit: Star-Ledger (Newark, N.J.)  Longshore Union Dons Accused of Holiday Extortion, Other Crimes (Source:  January 2012 National Right to Work Committee Newsletter) A superseding indictment filed last month by federal prosecutors adds dozens of counts to a January 2011 indictment charging former International Longshoremen's Association (ILA/AFL-CIO) union bosses and other conspirators with running an extortion operation for decades. Unionized workers were the principal victims. According to a press release issued December 15 by the office of the U.S. attorney for the Eastern District of New York, the latest indictment includes "61 additional predicate acts of extortion" of ILA-"represented" workers by Albert Cernadas. Mr. Cernardas is the former president of Newark-based ILA Local 1235 and a former executive vice president of the ILA itself. Nunzio LaGrasso, the vice president of another Newark-based ILA local, is accused of 12 additional predicate acts of extortion of unionized workers. One especially egregious form of extortion in which Mr. Cernadas, Mr. LaGrasso, and other ILA kingpins allegedly engaged was the collection of "Christmas tribute" money from New Jersey dockworkers after they received year-end bonuses. This tribute was allegedly funneled into Genovese crime family coffers as well as ILA chieftains' pockets. Some victims were coerced by their ILA "representatives" into paying "thousands of dollars each year" to Genovese mobsters at Christmastime, charges U.S. Attorney Loretta Lynch. 'Force, Violence and Fear' Systematically Used by Union Bosses to Coerce Dockworkers