Category: Blog

Bill McMorris

September 2, 2015

Washington Free Beacon

From racketeering to bribery and money laundering, 2015 has been a banner year for union malfeasance, according to a top labor watchdog.

The Workforce Fairness Institute is celebrating Labor Day by counting down 2015’s best examples of “union thuggery.”

Topping the list is former Ironworkers Local 401 honcho Joseph Dougherty, who was sentenced to 19 years in prison for racketeering, arson, and extortion in connection to burning down a Quaker church that employed non-union labor.

Dougherty and nine other union executives were indicted for the Christmas season arson. The FBI said that the leaders used the union as a vehicle to enrich themselves, rather than represent the interests of workers.

“Ironworkers Local 401 [was charged] with allegedly participating in a conspiracy to commit criminal acts of extortion, arson, destruction of property, and assault in order to force construction contractors to hire union ironworkers,” the FBI said in a press release. “Specifically, the indictment charges RICO conspiracy, violent crime in aid of racketeering, three counts of arson, two counts of use of fire to commit a felony, and conspiracy to commit arson. Eight of the 10 individuals named in the indictment are charged with conspiring to use Ironworkers Local 401 as an enterprise to commit criminal acts.”

Local 401 did not respond to request for comment.

The ironworkers weren’t the only Philadelphia labor group on the list. A suburban city council president was sent to prison for political money laundering through a local International Brotherhood of Electrical Workers (IBEW).

The union allegedly poured money into the campaigns of Reading Mayor Vaughn Spencer (D.). Spencer then gave large donations to Philadelphia politicians in order to skirt campaign finance laws, according to the Philadelphia Inquirer.

Francisco Acosta pled guilty to accepting a $1,800 bribe in exchange for backing the repeal of campaign contribution limits. Union president John Dougherty was not charged in connection to the case. IBEW Local 98 did not return requests for comment.

“Local headlines from coast to coast show that union bosses and organizers continue to foster violence in the workplace, bribes, embezzlement and money laundering. Yet, the union led NLRB continues to gift unions with more power over American businesses through ambush elections, micro unions, and most recently ruling against small business owners in the joint employer decision,” watchdog spokesman Heather Greenaway said.

Sometimes union officials are on the receiving end of bribery schemes. The Oakland United Food and Commercial Workers official in charge with organizing marijuana dispensary employees has been charged with accepting $600,000 in bribes to undermine those efforts. The union fired top official Daniel Rush when the charges were announced. The UFCW did not respond to request for comment.

Sometimes union members themselves were the victims of union actions. Cops in Riverside California saw hundreds of thousands of dollars in dues money embezzled by a union employee, who used the money to finance lavish Italian vacations, her husband’s child support payments to an ex-lover, and tattoos. Former Riverside Police Officers Association secretary Alis Archibeque pled guilty to stealing about $350,000 from the accounts and was sentenced to more than three years in prison. The association did not return request for comment.

A Broward Teachers Union president in Florida is now on trial for stealing $300,000 from union coffers, as well as illegally taking contractor kickbacks and using the union to launder money. Former president Pat Santeramo pled not guilty to the charges. The teachers union did not respond to request for comment.

WFI spokesman Greenaway said the cases show union officials take advantage of the trust of members when given the opportunity. This should disturb workers, given the National Labor Relations Board’s new election rules that force employers to hand over sensitive personnel information to unions seeking to organize a workplace. Employees do not have the option to opt out of the system.

“Employee personal contact information will now be handed over to these union organizers, and who will oversee the use of this information and look out for employees? Certainly not the union-enabling NLRB,” Greenaway said.

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Hector Barreto

August 20, 2015

Washington Examiner

When it comes to workers’ rights, it’s critical for employees to have the facts and information required to make an educated and informed decision to form, join, or decline membership in a labor organization.  In light of the National Labor Relations Board’s (NLRB) newly-enacted “ambush election rule,” which sped up the process in which union elections can be held, it’s important for workers to use National Employee Freedom Week (NEFW) to arm themselves with the facts and review their rights.

The ambush election ruling was enacted by the NLRB as a tool to increase workplace unionization.  Despite the fact that the previous system and timeline was working just fine – 90 percent of organized elections already occurred within a reasonable timeframe of 56 days – the new rule speeds up the election time from a previous average of 38 days, to now as little as ten.

This rule doesn’t benefit American workers; it does nothing but help Big Labor increase their declining membership rolls.  Since the rule took effect, as expected, the number of election petitions have dramatically increased – with a 15 percent surge in the first three months alone.

The employer-employee relationship is an important one, but the new NLRB rules limit employers’ right to free speech with their workers.  Employers must rush to submit their “statement of position,” and then are prohibited from speaking to their workers about anything outside of their statement.  However, organized union campaigns have as much time as they want, with no limits on what they can say and promise, since many campaigns begin well before a petition is filed.

Because of these limits on speech, employees are unable to learn what unionization would logistically look like day-to-day in their place of work.  How are they supposed to take a vote or make an informed decision in such a limited window of time?  How can they even begin to understand the impacts of collective bargaining if they are unable to speak freely with their employer, the one who works with them day in and day out?

The new rules violate workers’ privacy, as well.  Employers must turn over their employees’ private information, including home and cell phone numbers, personal email addresses, job classifications, shift times and home mailing addresses, in just two days after the petition has been filed.  Your personal information is released without any safeguards in place to ensure it remains confidential, or is safely disposed of after the election.  Union bosses can now camp outside your homes in order to coerce you into organizing – nowhere is off limits.

Under this confusing new system, it’s important that workers know their rights.  Recent polls show that many union members don’t realize that they have the right to opt out of union membership entirely.  Every employee should be able, and have the time, to make the decision that’s best for them.

Employees who live in one of the 25 Right-to-Work states can choose to opt out of their union membership.  For those that live in the other half of the country, they can decide to become an “agency fee payer” and only pay for the non-political components of union membership.  They can also become a “conscientious objector” and would not have to contribute to the union at all.

There are alternatives to joining unions, like joining other professional organizations at a fraction of the cost.  For example, teachers have multiple other organizations to choose from, like the Association of American Educators, or the Christian Educators Association International, which both offer insurance benefits for less.  Union membership is costly, and workers have no say where that money goes.

With 91 percent of unions’ political spending money filling the coffers to help elect Democrats, it’s not surprising that the Obama administration’s NLRB is filled with union bosses enforcing pro-union policies.  But employees shouldn’t be forced into affiliations without the adequate time and information to make an informed decision.  Fortunately, members of Congress are taking steps to protect American workers and defund these NLRB efforts.  In the meantime, during National Employee Freedom Week, take a moment to learn the facts, assess your rights and educate your colleagues on the options available.

Hector Barreto is the former head of the Small Business Administration.

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