Blog 

Right to Work Committee: Kagan Opposes First Amendment Right to Refrain from Supporting Union Boss Politics

As reported in today's Washington Examiner, the National Right to Work Committee President Mark Mix sent a letter to the U.S. Senate opposing Elena Kagan's confirmation as a Justice to the U.S. Supreme Court for misrepresenting her views regarding the use of forced union dues for union boss political activity.

From the Examiner:

(Mark Mix argues) Kagan should not be confirmed because when she was asked by Sen. Orrin Hatch, R-UT, about a 1996 email she wrote while serving in the Clinton administration, she falsely claimed she was merely repeating the chief executive's views, not her own.

In his letter to the senators, Mix quoted Kagan's email in which she said:

"It is unfortunately true that almost any meaningful campaign finance reform proposal raises constitutional issues. This is a result of the Supreme Court's view - which I believe to be mistaken in many cases - that money is speech and that attempts to limit the influence of money on our political system therefore raises First Amendment problems."

Kagan could not have simply been echoing somebody else's view in that email, Mix argued, because a memo later in 1996 from her and other White House staff members to then-White House chief of staff Leon Panetta "incorporated Ms. Kagan's argument that the First Amendment does not protect the right to spend money for political activities. In short, in 1996 Ms. Kagan both suggested and endorsed that crabbed view of the First Amendment."

The National Right to Work Legal Defense Foundation has repeatedly fought to protect workers who are forced to pay union dues and fees as a condition of employment to also support union boss political activities with which they disagree before the U.S. Supreme Court and various other courts across the country.

Mark Mix's letter also noted that Kagen expressed opposition to the Foundation's Supreme Court victory in Communications Workers v. Beck in which the Court affirmed the right of private-sector workers to exercise the same freedom from coerced support of union boss politics under the National Labor Relations Act:

(Ms. Kagan) recommended that President Clinton oppose any legislation protecting the right of workers not to be forced to subsidize union politics, despite the First Amendment’s guarantee of that basic worker freedom of speech and association.

...

Ms. Kagan emailed… her recommendation that (the Administration)… “state strong opposition to Beck legislation, no matter what it is attached to.”

Ms. Kagan… disagreed with the well-established legal principle that underlies the long line of Supreme Court decisions recognizing the constitutional right of workers not to be compelled to subsidize union political activities as a condition of employment… (putting) her far outside the judicial mainstream and (demonstrating) a disdain for the rights of independent-minded American workers.

To read Mark Mix's letter, click here.

Wasteful Union Boss Rules Provide Sneak Peak at the Police/Firefighters Monopoly Bargaining Bill

Via Big Government, here's a damning video explaining the wasteful contract created by New York/New Jersey Police Union officials, which mandates that officers collect overtime pay even after they've been suspended for misconduct:


Of course, the Police/Firefighter Monopoly Bargaining Bill threatens to spread this and other wasteful union boss instituted work rules to states and counties who have no desire to hamstring their public safety employees with union monopoly bargaining. If Big Labor gets their way on Capitol Hill, this video is a frightening portent of things to come. 

The Obama Administration's Ethics Blind Spot for Big Labor

The Obama Administration hasn’t been shy about paying back the union bosses, but it has been shy about answering basic questions about its collusion with Big Labor.

So while Monday’s report in Politico shouldn’t shock anyone, it is telling:

President Barack Obama’s political director failed to disclose that he was slated to receive a nearly $40,000 payout from a large labor union while he was working in the White House.

Patrick Gaspard, who served as the political director for the Service Employees International Union local 1199, received $37,071.46 in “carried over leave and vacation” from the union in 2009, but he did not disclose the agreement to receive the payment on his financial disclosure forms filed with the White House.

...
Gaspard spent nine years at 1199 SEIU, a major labor union in New York. Gaspard also worked for Obama’s campaign, and later worked for the transition team, where he earned $11,500, according to the financial disclosure form he filed this year. He was pulling a salary from SEIU until Jan. 16, 2009, shortly before Obama was inaugurated.

From political director of an affiliate of the SEIU to political director of President Obama. Where did one job stop and the other begin?

July/August 2010 Foundation Action Now Available Online

The July/August 2010 issue of Foundation Action is now available for download as a PDF. This is the Foundation's official bimonthly publication that provides an excellent overview of hard-hitting legal actions being taken by Foundation attorneys every day to combat forced unionism.

This issue's top story details Delta Air Lines July/August Foundation<br />
Actionemployees' legal challenge to Obama Administration appointees' scheme to push railway and airline  workers into forced union ranks.

Also in this issue:

  • Union Bosses Illegally Threaten Workers with Termination
  • Avoid Stock Market Uncertainty with a Charitable Gift Annuity
  • Workers Take Stand Against Teamster Union Boss Intimidation
  • The Detroit News: Michigan Will Benefit with Workplace Choice

In addition to to reading Foundation Action online, you can sign up to receive a free subscription by mail here.

 

National Review on the Police/Firefighters Monopoly Bargaining Bill: "This bill is bad policy and bad politics"

Here's a must-read editorial from National Review on Big Labor's Police and Firefighter Monopoly Bargaining Bill:

Lacking the evolutionary finesse that keeps most parasites from killing their host organisms, the American labor movement has driven the private firms that once employed its members offshore or into bankruptcy. Consequently, the only growth market remaining for the union movement is government: More union members today are employed by government than by the private sector. The union bosses, being neither blind nor stupid, see the advantages of sitting on both sides of the negotiating table, and their influence on politics has been predictably baleful. Unfortunately for those who would curtail their influence, they enjoy a steady stream of cash, expropriated from the paychecks of their members, and a ready supply of foot soldiers available for get-out-the-vote and rent-a-mob duties.

That’s a problem for conservatives. One of the more dynamic Republican leaders in the country, Gov. Chris Christie of New Jersey, is battening down his political hatches for the hurricane of union abuse headed his way in response to his sober efforts to get his state’s finances in order. It is going to be ugly, with the unions employing the same tactics they used to derail the governorship of Arnold Schwarzenegger. So why in the name of Barry Goldwater would a single Republican, much less a half-dozen senators, support extending the influence of the people who made New Jersey New Jersey? The Senate Republicans supporting the bill include not only the usual practitioners of Me-Tooism — the Maine ladies, Lisa Murkowski — but also Scott Brown of Massachusetts and New Hampshire’s Judd Gregg. (What, no Lindsey Graham?) It would be cheaper and better for the country if these Republicans would just go ahead and make a direct donation to the Democratic National Committee, an act to which supporting this bill is equivalent. If Sen. Mike Johanns really wants to turn Lincoln, Neb., into Trenton on the Prairie, let him confine his efforts to his own state and leave the other 49 to go their own way.

Click here to read the whole thing. For more editorials opposing this terrible piece of legislation, check out our earlier blog post on the groundswell of public opposition to expanding Big Labor's control over public safety employees.

NEWS RELEASE: Legal Aid Foundation Files Comments Opposing NLRB “Electronic Voting” Scheme for Union Organizing Drives

'Card Check-lite’ proposal would undermine the integrity of workplace elections and push more employees into Big Labor’s forced dues-paying ranks

Washington, DC (June 23, 2010) – The National Right to Work Foundation, a charitable organization that provides free legal aid to employees across the country, has submitted comments to the National Labor Relations Board (NLRB) opposing any attempt to implement “electronic voting” in union organizing drives. The Foundation’s comments detail how electronic voting poses major risks to the integrity of unionization elections and threatens to reproduce the problems of coercive “card check” organizing drives.

In early June, the National Labor Relations Board requested information on the feasibility of electronic voting during unionization drives. Drawing on National Right to Work attorneys’ experience representing thousands of employees, Foundation Legal Director Ray LaJeunesse, Jr., responded by citing numerous concerns about the reliability of electronic ballots and the potential for intimidation or harassment of employees who submit ballots remotely . . .

Click here to read more


Terms of Web Site Use      Related Links: National Right to Work Committee | National Institute for Labor Relations Research

Copyright © 2010 National Right to Work Legal Defense Foundation
 National Right to Work Legal Defense and Education Foundation, Inc.
8001 Braddock Road / Springfield, Virginia 22160
(703) 321-8510 | (800) 336-3600 / (703) 321-9613 fax - general (703) 321-9319 fax - legal department