SEIU's Becker Wrongly Splits Hairs on Recusing Himself on SEIU's cases at NLRB

Earlier this week, we pointed out SEIU-attorney-turned-NLRB-member Craig Becker's seeming violation of his ethics pledge by ruling on a case involving the SEIU, in breach of the two year moratorium.

A mere five days later, in another case (ironically involving the SEIU again), Becker takes the chance to address his critics with thumb planted firmly on nose, stating that the reason he is (and, presumably, will continue) ruling on cases involving the SEIU is because SEIU locals are different from the SEIU international union.

...the Moving Parties ask that I recuse myself on the grounds that local labor organizations affiliated with the Service Employees International Union (SEIU) are parties to the cases. Prior to the commencement of my service on the Board, I was employed by and served as counsel to the SEIU. I resigned that position and ceased all such representation effective April 4, 2010, prior to being sworn in as a Member of the Board. Pursuant to the President’s Executive Order and Title 5 of the Code, I have pledged to recuse myself from all cases to which SEIU is a party for a period of 2 years subsequent to April 5, 2010. That pledge, however, does not require me to recuse myself from all cases in which local unions affiliated with the SEIU are parties.

SEIU is a separate and distinct legal entity from the many local labor organizations affiliated with SEIU. The courts have clearly distinguished local unions as autonomous entities separate and apart from international unions with which they are affiliated. [Emphasis added.]

A splitting of the hairs Absolutely.

Moreover, it's a faulty argument.  The SEIU has control over its locals and for Craig Becker to argue that they are separate and distinct is like stating that a parent has no responsibility for its child.

While it is true that the Service Employees International Union is a separate legal entity from its local unions, the international is, in fact the parent of those locals.

More importantly, the SEIU's own union constitution (in PDF) seems to contradict Mr. Becker's argument:

This organization shall be known as the Service Employees International Union, affiliated with Change to Win and the Canadian Labour Congress, and shall consist of an unlimited number of Local Unions chartered by it, and the membership thereof, and such affiliated bodies as may be established from time to time. [Article I, p. 3]

It appears there's not much distinction. Then, of course, there this:

Article III


JURISDICTION AND MEMBERSHIP

Section 1. The International Union shall be composed of and have jurisdiction over its affiliated bodies and all Local Unions composed of working men and women who are employed or engaged in any phase of private, nonprofit or public employment... [Article III, p. 4]

...and this...

The International President is empowered to construe the jurisdiction above defined to embrace all classifications of workers within any establishment anywhere in the world.


Section 2(a). The International Union shall have jurisdiction over the Local Unions and their members and over all affiliated bodies. 

and this [note the term with the approval of]:...

(c). With the approval of the International Union, Local Unions may establish different categories of membership and rates of dues for persons represented and not represented by the Local Union for collective bargaining purposes including, but not limited to, life members, retired members and associate members.

...and this certainly appears that the SEIU International President can "require and direct" local unions...

(f). Consistent with the programs and policies adopted by the SEIU Convention delegates, the International President shall be empowered to negotiate and enter into national, regional, or areawide collective bargaining agreements, including companywide or multi-employer agreements, and to coordinate activities toward this end in consultation with the Local Unions involved, and is authorized to require and direct coordinated bargaining among Local Unions. [Article VIII, p. 13]

...or this...

(h). The International President shall have authority to interpret this Constitution and Bylaws and decide on all points of law submitted to him or her by Local Unions or the membership thereof, or by affiliated bodies, subject to appeal to the International Executive Board, and the next Convention. [Article VIII, p. 14]

...and this...

Section 2. Any member or officer of a Local Union aggrieved by any action of his or her Local Union or affiliated body not covered by the provisions of Article XVII of this Constitution (including determinations of election protests) may petition the International President within 15 days after the act complained of, or may petition the International Executive Board, within 15 days after the action of the International President thereon, to review the action of the Local Union or affiliated body. [Article VIII, p. 14]

...or this...

Section 4. The International President shall sign all charters and other official documents of this International Union; shall have the authority to direct an examination of the books and records of any Local Union or affiliated body;... [Article VIII, p. 14]

...and, of course, this...

Section 7(a). Whenever the International President has reason to believe that, in order to protect the interests of the membership, it is necessary to appoint a Trustee for the purpose of correcting corruption or financial malpractice, assuring the performance of collective bargaining agreements or other duties of a bargaining representative, restoring democratic procedures, or otherwise carrying out the legitimate objects of this International Union, he or she may appoint such Trustee to take charge and control of the affairs of a Local Union or of an affiliated body and such appointment shall have the effect of removing the officers of the Local Union or affiliated body. [Article VIII, p. 15]

...and the Trustees powers over a local?

(b). The Trustee shall be authorized and empowered to take full charge of the affairs of the Local Union or affiliated body and its related benefit funds, to remove any of its employees, agents and/or trustees of any funds selected by the Local Union or affiliated body and appoint such agents, employees or fund trustees during his or her trusteeship, and to take such other action as in his or her judgment is necessary for the preservation of the Local Union or affiliated body and for the protection of the interests of the membership.

Sounds like the SEIU is in charge of its locals, doesn't it?

Section 4. No Local Union shall have any right to pay any bills before it pays its full obligation to the International Union each month. [Article XIII, p. 24]

And, of course, the SEIU international constitution "governs" its locals...

Section 3. The Constitution and Bylaws of all Local Unions and affiliated bodies and amendments thereto must be submitted to the International Union and be approved before they become valid; provided, however, that notwithstanding such approval, the Constitution and Bylaws of all Local Unions and affiliated bodies shall at all times be subordinate to the Constitution and Bylaws of the International Union as it may be amended from time to time .... Regardless of approval, if any conflict should arise between the Constitution and Bylaws of a Local Union and affiliated bodies or any amendments thereto, and the Constitution and Bylaws of the International Union as it may be amended from time to time, the provisions of the Constitution and Bylaws of the International Union shall govern. [Article XV, p. 27]

So, while Mr. Becker may try to argue that the SEIU is different from its local unions, the truth is the SEIU exercise a lot of power over its locals, making the SEIU the parent to its children.

Either way, it's the same house!

__________________
“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine, December 23, 1776

For more news and views on today’s unions, go to LaborUnionReport.com.

Opposing unions means you go to hell?...Really?

You know the old saying about religion and politics? Well, sometimes the twain do meet...

Never mind that today's unions rake in roughly thirteen billion dollars a year from workers (the majority of whom are forced to pay the union or be fired from their jobs); and never mind the history of violence and union corruption; and never mind the desire to eliminate secret-ballots or the buying of politicians, or the sheer hypocrisy...


According to a group of Catholic scholars, there's going to be a lot of us heading South...

Catholic scholars say those who thwart labor unions commit mortal sin

A group of Catholic scholars contends that management efforts to break labor unions are a grave breech of the church's social doctrine and tantamount to committing mortal sin.

Problem is, someone's got some explaining to do...

In November 2006, the Diocese of Scranton announced its plans to restructure its schools. That decision simultaneously brought closure to the old schools and the bargaining relationship that several of those schools had with their in-house unions, all of which were under the umbrella of the Scranton Diocese Association of Catholic Teachers (SDACT).

[snip]

On Sept. 3, the first arbitration award was handed down, that affecting Bishop Hoban. SDACT and the teachers were the winners in the dispute. The arbitrator’s award called for the employer to immediately begin paying $725,000 to Hoban’s 40 teachers. Since then, similar awards were handed down in the other disputes. When the dust settles and all of the arbitrators have ruled, the diocese may owe nearly $2 million to the teachers in the 12 affected schools.

This immediate payout (and the enormous associated legal costs) will no doubt have an unfavorable impact on the diocese and its schools. It is just one more foreseeable and avoidable consequence of a reckless policy of union-busting initiated by Bishop Joseph Martino and his advisers.

The diocese has attempted to spin this outcome to make it a demonstration of the union’s “greed.”

A lot of explaining...



Then, of course, there's that whole glass house thing...

[Be careful with those broken shards, fellas, they can be sharp.]
__________________
“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine, December 23, 1776

For more news and views on today’s unions, go to LaborUnionReport.com.

Union to Labor Secretary Solis: Practice What You Preach!

On Monday, we posted on the topic of protesters planning to protest President Obama's Secretary of Labor Hilda Solis.

Yesterday, the American Federation of Government Employees (AFGE) had banner in hand as they chanted "Si se puede, restore the core!"

From the AFL-CIO's DC Metro Council website:

Chanting "Si se puede, restore the core!" 50 Department of Labor employees - members of AFGE Local 12 - demonstrated outside a high-level meeting of foreign labor ministers at the DOL at noon on Tuesday, calling on Labor Secretary Hilda Solis to implement a more family-friendly "core hour" work schedule

__________________

“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine, December 23, 1776

Follow LaborUnionReport on Twitter.

For more news and views on today’s unions, go to LaborUnionReport.com.

Not Your Normal UFCW Strike

With unions, they just go together like hand and glove:  Strikes and unions, that is.

A unionized workforce negotiates with management.  Management gives the union workers a lousy offer and the union workers strike.

It happens more often than most union bosses would care to admit.

And they really would rather you not know about this.

The United Food & Commercial Workers is a 1.3 million-member amalgamation of a union representing baggers, checkers, meat cutters, deli persons, slaughterhouse workers, nursing home aides and other assorted classifications.

And it has a bit of a union problem:

Workers who process union insurance claims and membership dues paperwork went on strike Thursday -- against the union that employs them.

About 20 office workers at Local 1167 of the United Food and Commercial Workers, the union that represents employees of the area's major supermarkets, walked off their jobs at the local's Bloomington office in a contact dispute at 3:30 p.m. and began picketing their own union.

The office workers, who are also members of the union, say they no longer want to be classified and paid the same levels as workers in stores.

Ariana Banuelos, one of the striking workers, said she and most of the office workers once worked in the stores -- and left to do more challenging work. She said they should be paid better for that.

"We asked for 10 cents more an hour and were turned down. They pretty much said no, no, no," Banuelos said of the union management. "Our only other alternative is to strike."

Bill Lathrop, president of Local 1167, said the office workers have always been paid based on the contract UFCW negotiates with the stores. Currently the office workers make $19.55 per hour.

Lathrop said it was painful being picketed by his own workers but he is not planning any immediate steps to rectify the situation.

"I think they've been offered a very good contract," Lathrop said.  [Emphasis added.]

Wait.  Let's see if we've got this straight:

Management (the UFCW) is letting its own workers go out on strike over ten cents an hour?

Talk about corporate union greed.

According to the union's website:

At approximately 3:30 PM April 15th, 2010 the Dues Membership and Benefits Department employees of UFCW 1167 turned down the Area Standard Agreement of $19.55 per hour (Experienced Food Clerk Rate) and walked off the job.

All employees here at the local have an outstanding benefits package superior to that of the stores (Holiday, Pension, Full time 80 HRS of sick leave, etc)

The Union Office remains open 8:00AM to 4:00PM and our management staff is available to answer contract questions and file grievances. Union Representatives will continue to serve our membership out in the stores as usual. We apologize for any inconvenience this may cause our membership.

Sadly, though, it's not the first time the UFCW has had its own union staff go out on strike.

But, let's just keep this our little secret...k?

__________________

“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine, December 23, 1776

Follow LaborUnionReport on Twitter.

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AFSCME Throws 'Solidarity' Under the Bus

AFSCME, the union that represents many public-sector workers, just threw a few of their members' jobs under the bus:

Union workers for the Springfield Park District Thursday overwhelmingly rejected a proposal that called for unpaid furlough days and deferral of a raise in exchange for fewer layoffs.

Park district officials have sent out layoff notices to 27 employees. AFSCME represents 20 of those people.

If the union had agreed to the concessions, it would have saved six jobs. The deal called for the workers to agree to five unpaid furlough days and defer a previously negotiated 4 percent raise.

"An injury to one is an injury to all?"  Apparently not.
__________________

“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine, December 23, 1776

Follow LaborUnionReport on Twitter.

For more news and views on today’s unions, go to LaborUnionReport.com.