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Posts Tagged ‘right to work’

Rebecca Friedrichs. (Photo by Christi Ransom)

photo Christi Ransom, Washington Post

The National Right to Work Committee has been very active in the national movement to bring Paycheck Protection to American workers. One case the entire nation is following is Friedrichs v. California Teachers Association, a case which could essentially place Right to Work/Paycheck Protection as protected by the U.S. Constitution for every state everywhere, including states like Delaware which currently do not guarantee a worker’s right to not pay union dues and not receive union benefits.

The video below is from YouTube and discusses the case, as well as the implications depending on how the Court could rule.

here’s the link to their blogpost in full in full:

http://www.nrtw.org/en/blog/right-work-friedrichs-01122016

Which way will the court rule? What would happen if all of Paycheck Protection became national law?

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As is common in most years, domestic policy trumps all other issues. While the Republicans believe immigration is the top issue to run a winning campaign, Democrats believe the minimum wage issue is a winner for their candidates.

Democratic strategist Donna Brazile wrote an op-ed where she believes millions of low-wage employees could form a very powerful voting bloc:

Shawanda Wilson, who works at Taco Bell in Tampa, Fla. and makes $8.25 an hour, has never voted before. Neither has Tonya Harrington, a 42-year-old home care worker from Durham, NC, who makes $7.25 an hour. Both say they’ve steered clear of voting booths not because they don’t care, but because they’ve felt politicians don’t speak for them.

That’s changing. Buoyed by $15 victories across the country, including in New York, Los Angeles and Seattle, fast-food cooks and cashiers, home care workers and child care workers like Shawanda and Tonya recognize that by joining together in a movement, they can make politicians care. Now they are vowing to head to the polls, and they’re hoping to bring with them the more than 60 million Americans movement organizers say are paid less than $15.

It’s not such a crazy thought. While recent ballot initiatives for $15 failed in Tacoma, Wash., and Portland, Maine, a recent poll of workers paid less than $15 an hour commissioned by the National Employment Law Project showed that 69% of unregistered voters would register to vote if there was a candidate who supported $15 and a union; and 65% of registered voters paid less than $15 an hour would be more likely to vote if there was a candidate who supported $15 and union rights.

We know the economic recovery has not been uniform, and nearly all the gains have gone to the top 1%, or the top 0.1%, as Bernie Sanders likes to remind us. The median income for an American worker is about $28,000, and overall household income has decline almost $2,000 since 2008. Meanwhile, millions of children live in poverty and cannot get enough food to eat or access to a great education. From an emotional standpoint, raising the minimum wage would lift millions out of poverty. While $15 an hour won’t do much in New York City, $15 an hour in most part of the country would be a big boost.

The minimum wage comes down to basic math. The argument for one is true if businesses were sitting on a pile of unspent money and were hoarding it instead of investing in their company. Since few, if any, businesses (particularly small- and medium-sized businesses) are run by heartless pigs who just want to hoard cash, the fact that they may not pay $15 an hour is more a symptom of: a favorable job market for employers; and that paying $15 an hour to all employees would require prices on good and services to go up, or to layoff some employees to pay for the others to have a higher wage. Not sure how the laid-off employees will feel about being sacrificed for the “greater good”.

Today is #GivingTuesday, a break from the spending we do for the holiday season. Consider supporting  CRI this holiday season to support out 2016 objectives for Education Savings Accounts and a Paycheck Protection law for all workers in Delaware. Visit https://www.caesarrodney.org/index.cfm?ref=90905 to help us meet our end of the year fundraising goals.

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image: innotribe.wordpress.com.

We published a podcast and a new article featuring CRI Policy Director Dave Stevenson where he criticized the EPA and DNREC for their continued efforts to enforce their unneeded regulations on Delaware residents and business owners of large industrial factories.

DNREC is another example of a government agency which exists primarily to exist. Right now they alternate between: warning of the dangers of Sea Level Rise with Apocalyptic warnings that most of Delaware will be underwater within 85 years (really 45 just to get the ball rolling) unless we “do something”. And the “something” ALWAYS is more government regulation over our lives; and creating new regulations so those who work there making regulations can assure the public they are, in fact, working.

It’s for this reason DNREC will not be pleased if you knew that we as a state have met all our EPA air quality requirements for 2030, and it’s only 2015. Due to a mixture of government regulation over pollutants, a switch from coal to natural gas and in some places nuclear power, and new innovations in technology which reduce pollutants produced, we have succeeded in making our air clean and safe to breath, even for those with respiratory problems. Normally, this would call for a celebration or a recognition of accomplishments, and a refocus by the government to make sure pollution levels are kept manageable- by both the public and private sector. In other words, act as an arbiter, which is what government is primarily there for, to take on a role there is no way the private sector could reasonably do fairly.

However, if you think DNREC’s leaders will shake hands, hold a pizza party for their employees, and close up shop, or at least reduce their budget, you’ve just fooling yourself (perhaps you’re waiting to be added to Delaware’s medical marijuana list?). This report, which is already out, will not be published by DNREC until next year. Expect them not to acknowledge our success at cleaning the air, and instead to continue pushing for new regulations on the private sector. The agency wants as few people to know that we’ve a) met our environmental goals and b) we really don’t have any major problems DNREC can do anything about. Admitting to either a or b above means admitting they can operate on a smaller budget. And you know how government agencies feel about having their budget cut.

The problem with what DNREC is doing is, the regulations are making Delaware an increasingly expensive place to live and for large industrial companies to maintain factories. Case in point, the closing of the Evraz Steel Plant, the Chemours Edge Moor plant and the fact that neither the GM nor the Chrysler plants were ever re-used by manufacturers to create the kind of blue-collar jobs Delaware once relied heavily on. Paycheck Protection for workers and tax code reform are important. But energy prices are a major, if not the primary, reason Delaware has lost about half of its private sector union membership and seen wages stagnate or decline for most private sector workers.

It’s a shame that good, hard-working people are going to suffer higher electric bills, reduced access to clean, alternative energies, and loss of job opportunities as businesses find operating in Delaware (without government handouts) simply too expensive all so certain state agencies can continue to justify their jobs and spending. However, unless DNREC backs down on some of their new proposed regulations, that’s what going to happen. And in that case, Dave will continue to double down on DNREC, and we at CRI will continue to stand for energy policies which keep our environment clean and lower government regulations.

CRI does not claim any credit for photo and we don’t endorse or not endorse Dominos Pizza.

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employeefreedom.org

August 16-22 is National Employee Freedom Week, an annual national campaign that informs union members about their workplace rights, specifically their right to decide if they want to be union members. NEFW consists of a record 101 organizations in 42 states. CRI is one of those 101 groups and Delaware is one of those 42 states.

This week brings a lot of hand-wringing from ardent union supporters and leaders, who are concerned about having as many union dues-payers as possible, even to the detriment of their own members. Within minutes of promoting #EmployeeFreedom on Twitter, we were bombarded with attacks such as:

  • “what a moronic statement they do decide if they want to unionize! They vote YES!”
  • “removes the right to unionize public employees. Get your facts in order before you advocate “.
  • And our favorite, “ = for oligarchy control over women”.

Let’s be clear about why CRI supports Right to Work. We have no interest in denying people who want to unionize the right to do so. We do not dispute the benefits unionization once brought to this country, in making work conditions better for millions of workers who were exploited by unscrupulous corporate bosses. If you want to know what we mean, visit a coal mine when you can and learn about the horrible manner in which employees were treated worse than animals, exploited to death. Their efforts led to changes in government law and nowadays treating employees like cattle is legally impossible, not to mention bad PR.

However, over time, unions became less about making the workplace safer and more about making money, both for workers and for union bosses, at the expense of business owners or the taxpayers. We will not even go into details about the money laundering for political purposes which offends a lot of union members, who don’t want any of their dues money going to political causes, especially ones they do not agree with. Do not be fooled by union talk about not giving money to candidates or causes. They do so, just often via PACs or other loopholes.

Over time, many union rank-and-file became dissatisfied with their union for one reason or another. Some didn’t like the union politics. Others did not feel as though they were receiving adequate benefits for the dues they pay. Some may simply have thought they could negotiate for themselves better and didn’t want to pay someone else to negotiate for them. Some others don’t like some of the union practices, such as unions which insist on promotions by seniority and not by merit, or “paying your dues first”.  Others may have seen the hurting economy around them, and realized that labor unions were becoming part of the problem (for proof, look at the auto industry.)

Meanwhile, private sector union membership is falling. In 1990, Delaware had about 49,000 private sector union members. Today that number is closer to 25,000 and going down. General Motors, Chrysler, DuPont, Georgia Pacific, and Evraz Steel have closed factories and left the state, leaving many blue collar workers without jobs.

Forced unionization is not the only reason businesses have left. A lot of it is due to a declining business climate created as a result of poor decisions made by the Executive and Legislative branches. The threat of union bosses coming to manufacturers and demanding exclusive bargaining rights, however, encourages businesses to just move to a state where no employee can be compelled to join a labor union if they do not want to. Some states have seen a decline in union membership, others have seen an increase due to the total number of jobs available. Those who want to be unionized, vote to do so. Those who do not, keep their money and eschew their benefits.

Rather than do right by their members and provide the rank-and-file with membership benefits that create happy union employees, union bosses instead attack the CRI’s of the world and complain we’re doing the Koch Brothers bidding, or something like that. They choose to go negative instead of going positive. Their actions do nothing to encourage their members to want to stay, which is the number one reason membership is declining. Rather than attack us for standing for employee’s rights, they ought to ask themselves WHY a large percentage of union members want to leave. No one should be surprised that Scott Walker got 38% of the union household votes in his 2012 recall election, according to Edison Research.

We all know there is a problem in this country when it comes to creating new job opportunities, and it’s heartbreaking to see so many decent-paying jobs leave our state. We know that so-called “Right to Work” and “Employee Freedom” laws will not solve our blue-collar jobs decline on their own. They are, however, important checkboxes employers look for before investing in a state.

We want more people to see that the solution to having better-paying jobs is to create an atmosphere which encourages businesses to come here and feel like they are wanted, not despised. We want employees to be able to have a say in who represents them and what benefits they receive. For these reasons, CRI proudly supports National Employee Freedom Week.

Union workers: Learn more about your rights here

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rightwisconsin.com

Today’s News Journal article “Seeking Delaware manufacturing jobs, GOP targets unions” talks about the concept of a “right to work zone”, which differs from Right to Work in that RTW laws covers whole state while a RTW zone covers only a specific geographic area. Senator Greg Lavelle has proposed one this year; he did the same last year.

As expected, the unions were out in full force against it:

“Sam Lathem, president of the Delaware AFL-CIO, the umbrella organization representing Delaware unions, called Lavelle’s legislation a “desperate reach” that would lead to lower wages.

“We need to find a way to re-create and grow the middle class. Right-to-work isn’t going to do that,” Lathem said.”

The News Journal article pointed out the problem, though whether John Starkey intended to do so is another idea.

“Now Republicans are reviving a proposal they hope will revitalize Delaware manufacturing. But the plan, which would make it harder for unions to organize, is controversial and deeply polarizing in a state where the governor’s office and the General Assembly are controlled by Democrats, who still count union members among their staunchest base supporters.

Markell, a Democrat, appears poised to oppose the legislation. A spokeswoman said available studies on whether right-to-work legislation creates jobs are “inconclusive at best.”

“Gov. Markell remains focused on efforts that employers tell him are most important for job and economic growth, such as providing training for a skilled workforce and spurring innovation,” spokeswoman Kelly Bachman said.”

To quote from Hamlet, “Ay, there’s the rub.” You can see very quickly why even just a zone- not the whole state, but an area to try this idea out- is considered a threat to organized labor and those who benefit from it.

Here’s the summary of the Law, SB 54:

“This Act allows the Director of the Delaware Economic Development Office to create right-to-work zones as part of its inducements to bring new businesses to Delaware and requires these zones to be offered for manufacturing businesses hiring at least 20 employees. It also exempts those manufacturing businesses from their gross receipts taxes for their first 5 years.”

Let’s talk about these zones. Suppose GM’s former plant on Boxwood road was turned into a right to work zone, along with say 1000 square acres surrounding the plant’s legal boundaries. Only businesses locating in these zones would be able to receive the benefit, and with only 1000 square acres there would be a limit. However, those businesses which do receive a space in the RTW zone would be able to avoid the problems which modern day labor unions bring: namely, the political activity (including which many union members may not agree with) and the pressure to give workers more money and benefits even if the company is unprofitable or if doing so makes the company unprofitable. They can make an effort to grow manufacturing and if the effort succeeds, then more zones can be replicated, or perhaps if the General Assembly and Governor see the benefit of one, they can enact a RTW law for the entire state.

On the chance the law is not beneficial, or even proves detrimental, the zone can be removed and the rest of the state is unaffected or the law can be repealed if the zones are a failure.

Now, other factors will affect the success or failure of these zones. Notice that the gross receipts tax would not apply for five years. This is because our state’s gross receipts tax is a job-killer; businesses who meet a certain income threshold pay a tax on all revenue over the threshold, not counting profit and loss. So even if your business has a bad year, you still get socked with higher taxes.

Electricity is expensive in this state, about 23% higher than the national average. Plus, the crime reputation for Wilmington, and to a lesser extent Dover, absolutely gives a negative vibe to outsiders looking to relocate a business or build a new factory. Don’t let anyone tell you Wilmington’s crime problem isn’t hurting the reputation of the entire state.

But RTW zones might give the state a chance to attract capitalists without having to “invest” (subsidize) large businesses to move here, because most of the biggest “investments” go to major companies like Fisker, Bloom, Kraft, etc.. If you owned a casual sit-down restaurant, and the only way you could get customers is to pay them anywhere from $30-50 to get them into the store, who is going to look at customers coming in and say “yes, this is a successful restaurant” just because a few customers are inside your restaurant now?

We hope the state will look at ways to improve our economic climate, to attract businesses and “job creators” of all types, from start-ups to established companies, from sole proprietorships to multinational corporations, to anyone who has job opportunities for Delawareans and is willing to invest in our state for the long-term. These goals are achievable, they work, and they offer a new chance to get our economy going again.

By the way, the courts have found right to work zones are legal. What is not currently legal (and is being challenged) is right to work at the County/City level. This is due to how local government entities are structured.

Lastly, if you need more proof that manufacturing in Delaware is in serious trouble:

Delaware manufacturing employment

1990: 43,200

1991: 48,600

1992: 44,800

1993: 44,100

1994: 44,200

1995: 44,300

1996: 39,700

1997: 41,5002

1998: 43,100

1999: 44,400

2000: 41,300

2001: 39,000

2002: 38,300

2003: 35,000

2004: 34,900

2005: 33,500

2006: 35,000

2007: 33,700

2008: 32,300

2009: 29,900

2010: 26,800

2011: 25,600

2012: 25,600

2013: 25,600

2014: 25,600

2015: 25,800

Source: U.S. Department of Labor, Bureau of Labor Statistics

Yes, we have lost roughly 40% of our manufacturing jobs, and most of these workers are NOT in a private sector labor union, which has even lower numbers. Given the situation, what can and should unions do to keep their members supporting their unions? How could union leaders improve their offering which helps both workers and employers?

In our next blogpost, we’re going to introduce a new concept called “Union Economies”. This idea is pretty interesting, and it comes from our friends at the Mackinac Center.

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Legislative Hall in Dover, Delaware

This article originally appeared at the Watchdog.org website on January 20, 2015. Read the original at http://watchdog.org/193657/legislative-priorities-2015-delaware-way/

Last week was the first week the state Legislature was in session, but they will soon adjourn for budget and finance hearings before getting back to lawmaking in mid-March. Five new representatives and one new senator took their oaths of office for the first time, but this Legislature looks almost identical to the last one: the Democrats control the governor’s mansion, the House of Representatives 25-16, down from 27-14 last year, and the Senate 12-9, down from 13-8.

Notably absent from the last General Assembly were bills to make Delaware’s economy more free as the state—well-known as the “Switzerland of America” for its easy incorporation process and fair Court of Chancery—faces competition from Nevada and North Dakota for corporate business and from the Sun Belt for jobs. This year the Caesar Rodney Institute hopes to see legislation to address the following issues:

1. Education Savings Accounts: Delaware has “school choice”-IF your idea of school choice is to allow a child to transfer from one public school district to another (provided that district has room).While that’s better than nothing, that’s not really school choice.

CRI supported a bill last year called the “Parent Empowerment Education Savings Account Act” (PEESAA) which would have introduced Education Savings Accounts as an option for low-income and special-needs students who are the most likely to need additional services not being offered by the traditional public schools. This bill was tabled in the House Education Committee but we hope ESA’s and other bills encouraging school choice are brought up this year.

2. Prevailing Wage (PW): Delaware has an insanely wide range of wages a that business who wants a public construction contract has to pay its employees to get the contract.

Every January the state Department of Labor mails out its PW survey to union-friendly contractors and conveniently “forgets” to remind non-union-friendly construction companies to ask for, and return, the survey. This results in wage variance like $14.51 per hour for a bricklayer in Sussex County, but $48.08 per hour for the same job in Kent and New Castle Counties. Not to be outdone, boilermakers get $71.87 an hour in New Castle County, but “only” $30.73 in Kent County.

These high rates prevent many construction projects from being started and make those which are done more expensive for taxpayers. If the PW won’t be eliminated, we hope the state will instead use the U.S. Occupational Employment Statistics survey. This would reduce rates by almost 40 percent on average and free up nearly $63 million of spending from the State’s FY15 capital budget, including almost $18 million for more school capital improvements.

3. Make Delaware the next right-to-work state: Delaware is not a right-to-work (RTW) state and, between that and our inconsistent-as-applied PW law, many businesses outside the state choose not to move here. Incorporating and buying office space in Wilmington for some high-paying executive jobs is one thing. But Moody’s Analytics in late 2013 said Delaware was the only state at immediate risk of falling back into a recession and a lot of this is due to more businesses closing than opening in Delaware. Pass legislation to end forced unionization and support pro-job growth policies instead.

4. Tax and regulatory reform: Only five states have a Gross Receipts Tax, which is a tax on revenue generated before profit and loss is factored in. Three of those states have no further taxes on corporate earnings and the only other state (Virginia) that does has lower tax rates. Between this tax, high personal and corporate income taxes, franchise taxes, and overall over-regulation by state agencies, Delaware is increasingly threatening its “Incorporation Golden Goose” as Nevada and North Dakota work to take business from the state. This needs to be addressed.

5. Work to lower energy prices: Delaware has electric rates 25 percent higher than the states we compete with for jobs like nearby Virginia. We import close to one-third of our electricity from out of state, the highest rate in the nation. Some of this is due to our geography, but a lot of it is due to the state’s failure to build a network of natural gas pipelines from the Marcellus Shale to Delaware.

Coupled with the state’s participation in the Regional Greenhouse Gas Initiative (RGGI) carbon tax scheme and taxpayer subsidizing of “green” companies like Bluewater Wind (gone), Fisker Automotive (didn’t build cars in Delaware), and Bloom Energy (still has not brought the promised 900 high-paying full-time jobs), Delaware cannot grow its economy if energy prices are high. We want the Legislature to pass natural gas pipeline extension and end participation in RGGI and subsidies for “green” companies.

What issues do you think the state Legislature should focus on this year?

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wallpaperput.com

2015 will soon be upon us and for those who are passionate defenders of freedom and liberty our work just goes on when the clock strikes midnight. Here is CRI in review and our goals for 2015:

  • Dave Stevenson’s lawsuit against DNREC and former DNREC Secretary Collin O’Mara is still ongoing. Dave and the other three plaintiffs, including CRI Director John Moore, won standing to continue their lawsuit. We will refrain from making a prediction on a court ruling less we jinx the lawsuit but we are optimistic the Plaintiffs will win. This is because in order to get standing the Plaintiffs had to prove they had a valid reason to sue in the first place, such as being aggrieved by the Defendants actions. Winning means stopping DNREC from changing the rules on how many carbon permits can be sold at carbon auctions, saving Delaware taxpayers over $100 million a year in increases in utility bills.
  • We testified in favor of HB353, the Parent Empowerment Education Savings Account Act (PEESAA). Jim Hosley, our former CEE Director, spoke in favor as did a dozen Wilmington parents and grandparents (and one student!) and the leaders of Tall Oak Classical Academy. The bill was tabled in the House Education Committee, a move we are unfortunately not surprised by. However, we hope 2015 will be a better year as more and more people realize the need to improve Delaware’s education system, and the only effective way to make the changes our students need to be prepared for the future is to provide parents with school choice options to do what’s best for the child. CRI will always maintain the belief that parents and/or legal guardians can make a better choice about their children’s education than politicians and bureaucrats in the state Department of Education.
  • We brought in Dr. Bartley Danielsen, business and economics professor from North Carolina State University to keynote our Sixth Annual Dinner. Dr. Danielsen has proposed a theory tying in environmental benefits to school choice. The basic theory is, parents moved to the suburbs to flee poorly performing public schools which left a lot of people uneducated and unable to find respectable work, and many turned to crime as a result. His theory is if inner city schools were to improve their quality, many families would move back to the cities from the suburbs and the result would be a reduction in traffic and environmental pollution from people driving from the suburbs to the cities. View is presentation here and here

In addition to these challenges, we still have issues Delaware must resolve in order to improve our economy:

  • End to the prevailing wage which makes public construction costs so expensive many end up getting no work at all. See: Rockwood Museum.
  • A Right to Work law for Delaware. Union leaders are pushing the “scab” theory that somehow union members will drop out and reap all the benefits the union “works” to get. We have responded by noting that a) manufacturing businesses have responded by moving factories elsewhere, depriving Delawareans of job opportunities. See: loss of auto industry, Valero plant, Evraz Steel plant, Georgia Pacific plant. b) as a moral issue, should union bosses have the right to take someone’s money just because someone works at a particular location? What if the union bosses don’t serve their member’s needs, such as organizing or donating to political causes or candidates the members don’t support?

We wrote: “While in the short run unionization may force wages up for those involved, in the long run closed shops reduce capital spending and induce the out-migration of jobs and workers.”

Read HERE and HERE and HERE

  • tax reform. Delaware is one of just five states with a gross receipts tax (tax on sales, even before factoring in profit/loss and expenses). Three of the other four don’t have an income tax and the only state with both like Delaware is Virginia who has lower tax rates. Coupled with high corporate and personal income taxes while Nevada and North Dakota compete with us for corporate business, and without reforms we will see money and jobs leave the state at even higher numbers.

Merry Christmas, Happy Hanukkah, Happy Holidays, and a Happy New Year to all. Let’s be thankful for a good 2014 and hope for better things in 2015.

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