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National Right to Work Committee (3)
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National Right to Work Committee (3)
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John C. Vickerman Files (Ford Administration)
John Vickerman's Meetings and Briefings Files
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White House briefings
Right to labor
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The original documents are located in Box 19, folder "National Right to Work
Committee (3)" of the John C. Vickerman Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
National Right To Work Committee
A COALITION OF EMPLOYEES AND EMPLOYERS
HEADQUARTERS AT THE NATION'S CAPITAL
July 2, 1975
Mr. John C. Vickerman, Director
Business and Trade Associations
THE WHITE HOUSE
1600 Pennsylvania Ave., N.W.
Washington, D.C.
Dear John:
I think you may find the attached release on the 40th anniversary
of the N.L.R.A. of some interest and perhaps worth routing around.
Best wishes.
Sincerely,
Hugh C. Newton
Director of Information
attachments
HCN: 1h
OHOS
TREATY
STALO
WASHINGTON D.C. HEADQUARTERS: 8316 ARLINGTON BOULEVARD (U.S. 50) SUITE 600
FAIRFAX, VIRGINIA 22030
TEL. (703) 573-8550
"Americans must have the right but not be compelled to join labor unions"
RIGHT TO WORK
RIGHT
NEWS
From the NATIONAL RIGHT TO WORK COMMITTEE
8316 Arlington Boulevard
Fairfax, Virginia 22030
TELEPHONE: 573-8550-AREA CODE 703
HOLD FOR AM RELEASE JULY 7, 1975
CONTACT: Herb Berkowitz
"Mock" Tribute On 40th Anniversary
NLRA DESCRIBED AS ANTI-WORKER, MORALLY BANKRUPT, A CRUEL AND CYNICAL SHAM
WASHINGTON, DC, July 7, 1975 -- A national public interest group dedicated to labor
policy reform paid mock tribute to the National Labor Relations Act's 40th anniver-
sary today by proclaiming the federal labor policy "patently anti-worker, morally
bankrupt" and "a cruel and cynical sham."
In a statement commemorating the signing into law of the NLRA on July 5, 1935,
Reed Larson, executive vice president of the National Right to Work Committee, said
the country's governing labor policy has been "faulty from its inception."
He urged enactment of a remedial National Right to Work Law (H.R.4279 in the
present Congress) to "restore sanity and freedom to the labor arena."
The National Right to Work Committee is a nationwide citizens' coalition dedi-
cated to the belief that union membership should be voluntary, not compulsory. The
20-year-old organization now has more than 110,000 contributing members.
PROMOTES COMPULSION
Larson, spokesman for the organization, said the NLRA makes a pretense of pro-
tecting employee freedom, but systematically deprives workers of their rights by
sanctioning compulsory "union shop" and "agency shop" arrangements. Under such
arrangements, employees are forced to support unions as a condition of employment.
"Congress deliberately set about to fashion a national labor policy which would
place the power of government on the side of union organizers," Larson said. From
that standpoint, the NLRA "has been eminently successful."
(MORE)
-2-
From the point-of-view of the individual wage-earner, however, the law has been
"a charade, a disaster," he said.
"The NLRA was openly designed to provide union organizers with a wide range of
special powers and privileges to facilitate their organizing chores -- tools which
were given to union professionals at the expense of individual employees.
"In particular, Section 7 of the NLRA constitutes one of the most cruel and
cynical shams ever perpetrated on the American people. This section sets forth a
commitment to full freedom of choice for employees, but then follows with an 'except,'
and in less than 30 words callously crushes these rights under the heel of compulsory
unionism." (See last page.)
MONOPOLY BARGAINING
Larson also pointed out that "the NLRA gives a private organization, a union,
the right to impose its will on unwilling individuals -- something that is not per-
mitted anywhere else in our society with the exception of government itself. Yet,
by granting union organizers monopoly bargaining status, the NLRA gives them the
power to determine the terms and conditions of employment of wage-earners who don't
want the union's representation.
"If that isn't bad enough, the law goes a step further by authorizing and en-
couraging compulsory unionism, and puts employers under the gun by forcing them to
'bargain' with union officials over the freedom of their employees. Any employer
who as a matter of principle adamantly refuses to 'bargain' with union officials
over the freedom of his employees, subjects himself to severe financial penalties
under the law.
"In other words, the act compels employers to put a price tag on the freedom
of their employees, and compels them to haggle with union professionals over the
price for which that freedom will be sold or traded.
(MORE)
-3-
"Anybody who thinks this law, as administered by the National Labor Relations
Board, is fair to the employee is crassly ignorant," he said.
He pointed to a recent announcement by NLRB general counsel Peter G. Nash that
"the machinery of the Act" (meaning the NLRB) would not be used to prosecute
violations of State Right to Work laws.
Larson said the NLRB's new "hands off" policy shows the need for a strong employee-
oriented organization such as the National Right to Work Legal Defense Foundation.
"Without the Right to Work Foundation, employees whose rights under state Right
to Work laws have been violated would be virtually helpless now. The NLRB has
abandoned them."
Established in 1968, the Foundation is affiliated with, but separate from
the Right to Work Committee.
"In the meantime," Larson said, "the Right to Work Committee will continue
to impress upon Congress and the American people the need to eliminate the NLRA's
authorization of compulsory unionism.
"Until that time, to talk of freedom under this law is worse than deception --
it's a lie."
#35 - MO2, M03, MO7, MO8, MO9, M10, M13, K01, K02, K03, K04
LABOR MANAGEMENT RELATIONS ACT, AS AMENDED
RIGHTS OF EMPLOYEES
SEC. 7. Employees shall have the right to self-organization,
to form, join, or assist labor organizations, to bargain col-
lectively through representatives of their own choosing, and to
engage in other concerted activities for the purpose of collect-
ive bargaining or other mutual aid or protection, and shall also
have the right to refrain from any or all of such activities
except to the extent that such right may be affected by an agree-
ment requiring membership in a labor organization as a condition
of employment as authorized in section 8 (a) (3).
(emphasis added)
RIGHT TO WORK
RIGHT III
NEWS
From the NATIONAL RIGHT TO WORK COMMITTEE
8316 Arlington Boulevard
Fairfax, Virginia 22030
TELEPHONE: 573-8550-AREA CODE 703
HOLD FOR AM RELEASE
Monday, June 23, 1975
CONTACT: Herb Berkowitz
CALIFORNIA FARM LABOR LAW CALLED ANTI-WORKER
WASHINGTON, June 23 -- The new California farm labor law which
goes into effect August 28 may put a stop to the warfare between the
United Farm Workers and Teamsters unions, but it will do so at the ex-
pense of the farm workers themselves, an employee rights organization
has charged.
The National Right to Work Committee said in its monthly News-
letter that while the new law is "indeed
...
a compromise between what
the corporate farm growers, the UFW, and the Teamster organizers wanted
the workers themselves were left out, except to the extent that the
law compromises their individual liberties in the name of 'labor peace.
Among the features of the new law considered most offensive by the
Right to Work Committee is its authorization for a full five-day com-
pulsory union shop.
This means that following an election all the workers at a particu-
lar ranch, farm, or vineyard have five days to join the "victorious" union
-- even if they voted for another union or "no union" -- or they lose
their jobs. There's no alternative.
Reed Larson, executive vice president of the Right to Work group,
said that "though the law is similar in many respects to the National
Labor Relations Act, it differs from that act in that it permits actual
forced membership in a union, and requires that union members -- voluntary
(more)
-2-
and compulsory alike -- obey all the union's rules and regulations as a
condition of their employment.
"Under the NLRA a wage-earner can only be forced to financially sup-
port an unwanted union as a condition of employment -- not obey its rules.
"To use the California law as a model for similar federal legisla-
tion would be tragic."
AFFECTS 250,000
The new law, which will affect some 250,000 agricultural workers,
goes into effect later this summer, just before the beginning of the grape
and lettuce harvests in the lush San Joaquin Valley -- the site for many
years of a sometimes bloody organizing battle between rival Teamster and
UFW forces.
The law, Larson said, will solve the union organizers' problems by
providing them with a variety of coercive organizing tools, including a
hybrid of the UFW "boycott."
"But the worst damage comes after an 'election' when all workers are
forced into the monopoly union. California's farm workers are again being
victimized," he said.
WORKERS INTERVIEWED
Workers interviewed for the Right to Work Committee newsletter,
which is mailed to its more than 100,000 contributors, confirmed this
opinion.
"Nobody asked us. They never did," complained a resigned Larry
Ponciano, a grape worker from Thermal.
Another worker, asking not to be identified, said "We don't have a
chance. Before we could hope the Chavistas and Teamsters shoot each other.
Now the law is their gun."
"Maybe we get to vote. So what? There's no place on the ballot for
me to tell them all -- the union bosses, the governor, the politicians in
(more)
-3-
Sacramento, not even the farmer -- that I just want to be free ... Leave
me alone," added Bea Aglipay, whose husband George has been shot at for
resisting union organizers.
"God help us," said another.
Echoing their sentiments was W.B. Camp, a California farmer and
outspoken critic of the new law. Camp is a member of the Right to Work
Committee's board of directors.
"Frankly, as a farmer, I have been appalled at the seeming willing-
ness of some growers and their organizations to turn over control of their
farms and the rights of their employees to union officials bent on in-
creasing their own income and power."
As a result of the new legislation, Camp said, California farmers
are "going to have to live with both the 'boycott' and with one-sided
legislation which takes away their right to manage their own farms,
jeopardizes the jobs of their employees, and promises to disrupt the pro-
duction and marketing of their crops."
He said it "certainly would not be in the best interests of farmers
or their employees" to promote a federal farm labor policy modeled after
the California law.
The National Right to Work Committee is a single-purpose citizens'
coalition which opposes all forms of compulsory unionism. While supporting
the right of every worker to join a union, the Right to Work Committee
doesn't believe anyone should be forced to join or support a labor organ-
ization as a condition of employment.
Recent public opinion studies indicate that more than two-thirds of
the American people share this belief.
###
#33
M02, M03, M07, M08, M09, M12, K01, K02, K03
LIBRARY GERALD R. FORD
THE WHITE HOUSE
WASHINGTON
May 20
John --
Mr. Newton called about their meeting on
May 28th. These are the participants from
the Right to Work Committee --
Reed Larsen, Executive Vice President
Hugh Newton, Director of Information
Andrew Hare, Vice President for Legislation
Don Zon, also in legislative area (former aide to
Congressmen Betts and H.R. Gross)
possibly Herbert Berkowitz
Mr. Newton would like to know if there is any
special format for the meeting -- any require-
ments that you would like -- who will be there
representing the Administration, and how many
(they will have little kits for each. Any
time limitation.
They would like to open the meeting with a few
brief remarks by Reed Larsen.
Please call Mr. Newton on Wednesday p.m., or
Mr. Berkowitz on Wednesday morning.
573-8550
A.
ABOUT THE ISSUE:
OFFICERS
"If I were a wage-earner, I might well be inclined
Chairman: Raymond C. Losornio
Executive Vice President: Reed Larson
to join a union.
But I would want to have the
Vice Chairman: W. K. Lomason
Vice President: Andrew E. Hare
President: S. D. Cadwallader
Vice President and Secretary: Charles W. Bailey
choice of joining a union. I would not want to be
Counsel: Whiteford S. Blakeney
compelled to join.
Moreover, compulsory union-
ism and corruption go hand in hand."
BOARD OF DIRECTORS
U.S. Senator John McClellan, Democrat, Arkansas
The Hon. Watkins M. Abbitt
Reed Larson*
Attorney
Executive Vice President
Former Member,
National Right to Work Committee
"In the final analysis, the right of management
U.S. House of Representatives
Washington, D.C.
and unions to contract should not override the
Appomattox, Virginia
W. K. Lomason,* President
THE RIGHT
Mrs. Carol Applegate
Douglas & Lomason Company
natural right of a person to make a free and un-
School Teacher
Atlanta, Georgia
TO WORK
coerced choice with respect to the earning of a
Grand Blanc, Michigan
Raymond C. Losornio*
livelihood for himself and his family."
Buell Baclesse
Past-President
ISSUE:
Building Materials Supplier
Tulsa Local, National
U.S. Senator John Tower, Republican, Texas
Jefferson City, Missouri
Federation of Federal Employees
William A. Barry, Maintenance
Huntsville, Alabama
Worker & Former Member of
Gerald Marker
Building Service Employees
Agency Fee Member, IAM
Union
Sherman Oaks, California
Salem, Oregon
Carl Monroe
Whiteford S. Blakeney, Attorney
N. C. Monroe Construction Co.
"WHAT OTHERS SAY"
Charlotte, North Carolina
Greensboro, North Carolina
Mrs. Phillips Verner Bradford
James Nixon, Employee
Journalist
Detroit Department of Health
Princeton, New Jersey
Detroit, Michigan
Dr. Paul W. Brauer,* Pastor
Mrs. John (Jack) G. Pew
Our Savior Lutheran Church
Housewife
St. Petersburg, Florida
Dallas, Texas
Howard Brown, Railway
Thomas F. Quinlan, Educator
ABOUT THE COMMITTEE:
Worker & Member of Brother-
New Preston, Connecticut
hood of Railway Clerks
William B. Ruggles, Editor
Trenton, New Jersey
Emeritus, Dallas Morning News
"Thank you for the outstanding service you
James V. Burton, President
Dallas, Texas
rendered the entire nation in eliminating from the
Laramie Warehousing Corp.
Dr. C. Ralston Smith
should
Laramie, Wyoming
Special Assistant
postal bill the clause calling for compulsory union-
W.B. Camp, Grower
Billy Graham Association
ism. This was one of the greatest victories for indi-
Bakersfield, California
Bethesda, Maryland
vidual rights and constitutional government in my
Stephen DuBrul
Mrs. Kennedy Smith, National
AMERiCANS
Retired Business Executive
Chairman, Women's Organiza-
entire twenty-two years in Congress."
Lake Orion, Michigan
tion for Right to Work
Jonathan C. Gibson, Attorney
Pittsburgh, Pennsylvania
U.S. Representative Wm. Jennings Bryan Dorn
Democrat, South Carolina
San Diego, California
Mrs. DeWitt Thompson*
E. M. Hammond,* Personnel Director
Housewife
H. B. Zachry Company
Tampa, Florida
bE COMPELLED
San Antonio, Texas
W. L. Thornton,* President
"The importance of the public obtaining knowl-
Thomas J. Harris, President
Florida East Coast Railway
edge on this issue (the use of compulsory dues for
Management Enterprises, Inc.
Company
Oklahoma City, Oklahoma
St. Augustine, Florida
TO join
political purposes) cannot be overstated. The Na-
M. Merle Harrod, Chairman
John Waldum, Jr.
tional Right to Work Committee has proven it can
Wapakoneta Machine Company
Former Member, IAM
Wapakoneta, Ohio
Lake Park, Florida
do this type of job better than anyone else."
LAboR UNiONS?
Agar Helmick, Member
Louis E. Weiss, President
U.S. Senator Paul Fannin, Republican, Arizona
Pipefitters Union
Midland Industries, Inc.
Overland Park, Kansas
Wichita, Kansas
Kenneth C. Kellar*
Dr. Ernest L. Wilkinson
Attorney & Businessman
President Emeritus
"Businessmen, individually or in groups, are in no
Lead, South Dakota
Brigham Young University
Rev. Edward A. Keller, C.S.C.
Provo, Utah
position to cope with union pressure, and govern-
Professor Emeritus, Economics
John Wilson, School Teacher
ment has shown little desire or ability to do so.
Notre Dame University
Neosho, Missouri
The only hope apparently is for businessmen to
Notre Dame, Indiana
Erwin L. Wolber, Route Sales-
Mrs. Juanita Lamuel
man & Former Member of
cooperate with the National Right to Work Com-
Production Employee
the Teamsters Union
mittee.
This organization has one basic aim-
North Little Rock, Arkansas
Cincinnati, Ohio
to end compulsory unionism."
*Member Executive Committee
Editorial, PIT and QUARRY Magazine, September, 1970
THE NATIONAL RIGHT TO WORK COMMITTEE
THE NATIONAL RIGHT TO WORK COMMITTEE
A coalition of citizens from all walks of life-
1990 M Street, N.W./Washington, D.C. 20036
including union members
NRTW 106
THE problem
THE COMMiTTEE
THE PROGRAM
Today, under the sanction of federal laws,
The National Right to Work Committee has
The National Right to Work Committee's pro-
unions and management can make agreements
only one purpose-to protect the right of citi-
gram:
whereby employees can be forced into a union.
zens to get and hold jobs whether they belong
Under such compulsory "union shop" agree-
1) Conduct a national education program de-
to unions or not.
ments, the employee must either join and pay
Organized in 1955, the Committee's 42,000
signed to bring about understanding of the
dues and fees to the union or be fired from
supporters and members include thousands
Right to Work principle.
his job.
of employees, both union and non-union, as
2) Work to obtain legislation which will:
This situation exists in 31 states. Only in the
well as business firms, homemakers, clergy-
19 states which have enacted state Right to
men, educators and people from all walks of
Curb the use of compulsory union dues
Work laws-authorized by the federal law-can
life.
for political activity.
employees exercise freedom of choice to join
The Committee is incorporated as a not-for-
Protect public employees against com-
or not join a union.
profit corporation and is governed by a Board
pulsory unionism.
Compulsory union membership is the source
of Directors. Working under the Board's direc-
Prevent compulsory unionization of farm
of union officials' excessive political and eco-
tion, the executive staff in Washington, D.C.,
workers.
nomic power. It is the real root of most of the
implements the program and carries forward
corruption in labor unions today.
the activities of the organization.
Ultimately provide national Right to Work
Over the years the Committee has won
protection covering all employees.
The right of workers to organize has been
perverted to include the privilege of compelling
steadily increasing recognition for its work in
3) Provide assistance in organizing state-wide
men to join labor organizations against their
exposing and combating the evils of forced
citizen movements to promote, enact, and
will, and the privilege of forcing employers to
union membership. The Committee demon-
protect state Right to Work laws.
herd their employees into unions. Right to
strated its effectiveness by blocking an all-out
Work laws seek to remedy these flagrant
drive by union officials in 1965 to repeal Sec-
4) Safeguard Section 14(b) of the Taft-Hartley
abuses of power.
tion 14(b) of the Taft-Hartley Act which affirms
Act. (That part of the National labor law
the right of states to enact Right to Work laws.
which reaffirms the right of states to have
Right to Work simply means that an indi-
More recently, the Committee scored an even
vidual has the right to join a union, and a
Right to Work laws.)
more significant victory when the Congress
corollary right to refrain from joining a union
voted to include Right to Work protection in
without losing his job.
the postal reform bill.
NINETEEN STATES NOW HAVE
The Committee supports no political party.
RIGHT TO WORK GUARANTEES
It endorses no political candidates.
RIGHT TO WORK LAWS
A FREE CHOICE
Participation in the program of the National
Right to Work Committee, as well as financial
support to carry out its program, is voluntary.
political
VS.
principle
by WORK
COMMITTEE
HIGHLIGHTS
"I suggest that at least in this one area of prin-
ciple with which I am most familiar, there is no
fundamental conflict between sound principles and
practical political realities. The problem comes from
a failure to look at political realities in cold, ob-
jective, honest terms."
"I want to make it crystal clear at this point that
the National Right to Work Committee does not
oppose the National Labor Relations Act simply
because it is a pro-union law. We do believe, how-
ever, that so long as the country operates under a
policy balanced heavily toward the interests of
union organizers, it is imperative that the safety
valve of voluntary unionism must be incorporated
in that system."
political sophisticates are guided by an
idea that smart politicians avoid arousing the ire
of union bosses. That's particularly true when the
issue is compulsory unionism.
I suggest that
anyone who believes he can advance the funda-
mental principles of freedom-such as that em-
bodied in Right to Work-and still avoid a head-on
confrontation with union political bosses is strictly
An Address By Reed Larson
kidding himself."
Executive Vice President
National Right to Work Committee
"It's a rule of thumb in Congress that labor issues
at the Seventh National Convention
don't come up in election years-they are too con-
Young Americans For Freedom
troversial. Nonetheless, the Right to Work issue
Washington, D.C.-August 16, 1973
came up on the floor of the House of Representa-
tives in July of 1970 just four months before elec-
"Power over a man's subsistence is power
tion. Members faced an up and down vote strictly
over his will."
on the question of Right to Work. The results, based
on political judgments of members of Congress who
Alexander Hamilton
would be facing the voters four months later,
were 226 in favor of Right to Work to 159 against
I want to discuss with you today something
it. In November
not a single one of the 226
referred to as "political realities" versus moral
pro-Right to Work votes was unseated by a candi-
principle upon which the long-range interests
date who openly challenged him on his vote in
of this country hinge.
favor of Right to Work."
Especially in the area of Right to Work-
"In conclusion, I want to call on all those who
the fight against compulsory unionism-we
are truly concerned with the preservation of in-
hear a great deal of talk from supposed politi-
dividual liberty in America to abandon the danger-
cal sophisticates who maintain that sound prin-
ous courtship with so-called 'political realities' and
ciple is in conflict with "political realities"-
tackle instead the major moral issues of the day.
and I put that term "political realities" in great
We need to deal with basic problems, including
big quotation marks.
that of excessive power and privilege which for
I suggest that at least in this one area of
38 years have been conferred by government on a
principle with which I am most familiar, there
select special interest minority-union organizers."
is no fundamental conflict between sound prin-
"Political leadership on the basis of moral prin-
ciples and practical political realities. The prob-
ciple rather than political expediency is sometimes
lem comes from a failure to look at political
referred to, I believe, as 'statesmanship.' That's
realities in cold, objective, honest terms.
what we're talking about-and I think events have
shown that this is the kind of leadership to which
the American people will respond if given the
facts."
I'm sure everyone of you here today is con-
ate a new monopoly to offset what was in-
cerned about the extreme damage being done
terpreted as excessive power in the hands of
to our nation's political and economic system
business.
by excessive power concentrated in the hands
In 1935 Congress passed into law the Na-
of a few top union officials.
tional Labor Relations Act-a measure spe-
If that's the case, you're not alone. In fact,
cifically designed to enhance the power of
every reliable survey of public opinion shows
union organizers. It was based on the premise
that the great majority of our citizens, includ-
that the national interest was served by using
ing a majority of the members of union fami-
the power of the federal government to assist
lies, believe that union officials have too much
in organizing labor unions. That law which in
power and that this power is being abused to
its basic concepts remains unchanged to this
the detriment of the public interest.
day has conferred on officials of organized
But at that point the agreement ends. How
labor vast power and privileges. It has given
to deal with this problem is a subject of much
them a special preferential status. The two
dispute, not only between conservatives and
cornerstones of this special union privilege
liberals, but among conservatives themselves.
are exclusive representation and compulsory
unionism. Exclusive representation, a privilege
avidly sought and defended by union officials,
So then, to every man his chance-to
is an arrangement which confers on a labor
every man, regardless of his birth, golden
union the sovereign power of government-a
opportunity-to every man the right to love,
power extended to no other private organiza-
to work, to be himself, and to become what-
tion in our society. It provides that when a
ever his manhood and his vision can com-
union achieves the support of fifty percent plus
bine to make him-this seeker is the promise
one of the employees in a bargaining unit, it
of America."
thereby gains sovereignty so far as wages,
hours, and working conditions are concerned,
Thomas Wolfe
over all employees, including those who do not
wish to be represented by the union. The
UNION POWER AND PRIVILEGE
second foundation-stone of special privilege,
compulsory unionism, gives union officials the
To understand the problem of union power
sovereign power to tax-to compel a worker
and privilege, we need to understand the his-
who doesn't wish to be represented by that
tory of our national labor policy.
union to buy from the union agent the privi-
During the first three decades of this cen-
lege of keeping his job.
tury, concurrent with its rapid industrialization,
our country experienced a growing amount of
"The right to belong to a labor union is en-
labor unrest. The public was led to the con-
titled to the shield of law, but no more so
clusion that, due to concentrations of power
in the business and industrial community,
than the right not to belong. Neither can be
some counterbalancing force was needed on
proscribed. So much must be true, or we do
the side of organized labor. No serious effort
not live in a free land."
was made, to my knowledge, to identify areas
George Sutherland
in which special privileges extended to industry
by government had created this imbalance.
No less an authority than the nation's most
Instead of seeking solutions which would dif-
noted prosecutor, former Kennedy brain-truster
fuse government-protected concentrations of
Archibald Cox, acknowledged this a few years
industry power, and which would enhance in-
ago: "Labor unions enjoy their present power
dividual freedom, our country decided to cre-
by virtue of federal statutes."
2
3
The result of this heavy legal bias in favor
voluntary unionism must be incorporated in
of union organizers (and against the individual)
that system.
is that a handful of unrepresentative union
officials now wield such political power that, in
"I want to urge devotion to the fundamentals
the legislative arena, their collectivist goals reg-
of human liberty-the principles of volun-
ularly override the wishes of the vast majority
tarism. No lasting gain has ever come from
of the nation's voters. The union hierarchy
compulsion."
presides over an apparatus whose dues income
Samuel Gompers
(not counting investment income) amounts to
more than two billion dollars a year, most of
And this is the point at which we encounter
which comes from workers compelled to pay
the conflict with those so-called conservatives
the union in order to keep their jobs. Ac-
who insist that opposition to the federal sanc-
cording to authoritative analysts-including the
noted labor columnist Victor Riesel-at least
tion of compulsory unionism is not consistent
with something called "political realities." In-
$50 million, and perhaps as much as $200
stead, political sophisticates are guided by an
million, of this money is spent each election
idea that smart politicians avoid arousing the
year to support the campaigns of union-favored
ire of union bosses. That's particularly true
political candidates.
when the issue is compulsory unionism, not
Still, few conservatives-and almost no lib-
withstanding the fact that this federally sanc-
erals-seriously question the National Labor
tioned special privilege enables union officials
Relations Act and the premise upon which it is
to collect more than a billion dollars a year
founded: namely, that it is in the public in-
in money from unwilling workers and channel
terest to use the power of government to help
much of those funds indirectly into the elec-
organize labor unions. It is perhaps understand-
tion campaigns of hand-picked political favor-
able that employer associations are required
ites of the union hierarchy.
to dissipate their efforts in attacking symptoms
I suggest that anyone who believes he can
of that policy rather than its fundamental
advance the fundamental principles of free-
errors. However, it remains a mystery why
dom-such as that embodied in Right to Work
leading conservatives who are interested in
-and still avoid a head-on confrontation with
matters of principle do not aggressively chal-
union political bosses is strictly kidding him-
lenge the policy of union special privilege
self.
which is the keystone of our national labor law.
Nonetheless, few who label themselves as
As a matter of fact, prominent conservative
spokesmen regularly join with union-controlled
conservatives are seriously challenging the wide
public officials in efforts to extend the scope
array of legal privileges for union organizers.
of the National Labor Relations Act and its
The greatest irony is that those conservatives
authorization of compulsory unionism.
who think they can advance their cause po-
litically while accommodating themselves to
the political interests of union officials do so
SAFETY VALVE
because of misinterpretation of some ancient
I want to make it crystal clear at this point
history long since disproven by more recent
that the National Right to Work Committee
and solid information.
does not oppose the National Labor Relations
How many of you, in political strategy ses-
Act simply because it is a pro-union law. We
sions, have heard a candidate say something
do believe, however, that so long as the
like this: "Of course I oppose compulsory
country operates under a policy balanced
unionism, but we just can't afford to raise the
heavily toward the interests of union organiz-
Right to Work issue in this campaign. We've
ers, it is imperative that the safety valve of
got to avoid stirring up the unions."
4
5
INDESTRUCTIBLE POLITICAL MYTH
to all men, the last election showed, invites
being blamed by all men for all things."
Therein lies one of the greatest and most
Furthermore, the so-called labor bloc was
indestructible political myths of all time. To
one of only two major population groups in
get to the root of it, we have to go back
which Republicans did not suffer substantial
nearly 15 years. Since 1958 we have heard
losses that year. The Gallup Poll reported:
dinned into our ears consistently a refrain
"Republican losses came not so much from
that Right to Work was responsible for the
the ranks of organized labor, as had been
disastrous fate which befell dozens of Republi-
widely claimed, as they did from groups con-
can candidates in the 1958 elections. That's
sidered 'safe' for the GOP."
the year when Right to Work referenda were
If you wonder why we dwell at length on
on the ballot in half a dozen states, including
such ancient history, it's because Right to Work
Ohio.
supporters got a bum rap-and we're still pick-
1958 was a miserable year for Republicans.
ing it out of our teeth-as many of you, I am
There's no question about it. And a lot of
sure, are aware.
highly successful Republican Party professionals
had their reputations severely tarnished in that
RECENT POLITICAL HISTORY
disaster. But the more alert were quick to find
Let's look for a moment at more recent
a scapegoat. Just one month after the 1958
election, the Republican National Chairman
political history which shows convincingly ex-
discovered and christened the Party's official
actly an opposite political effect for Right to
Work from that claimed in 1958, but which
scapegoat for those losses. Chairman Meade
Alcorn proclaimed that the presence of Right
experience is totally ignored by those political
to Work on the ballot led to the defeat of
sophisticates who refuse to be confused by the
facts.
scores of Republican candidates because "The
resources of labor were mobilized as never
In 1965 and '66, Right to Work was one of
before in a political campaign."
the hottest issues in Congress as a result of the
debate which swirled around the attempt of
15 years may have elapsed since that fateful
Lyndon Johnson and top union officials to re-
and totally groundless proclamation was re-
peal Section 14(b) of the Taft-Hartley Act.
leased-and subsequent events have proven ex-
That's the provision giving states the right to
actly the opposite to be true-but the refrain
exempt themselves from the federal authoriza-
echoes on. Let's look at the facts. In the first
tion of compulsory unionism. The 1966 Con-
place, Right to Work was an issue in only six
gressional elections saw voters delivering a
of the fifty states in 1958, and even in those
resounding vote in favor of those who opposed
states its effect, if any, was minimal. Republican
the repeal of Right to Work laws. Supporters
candidates were on all sides of the issue. Re-
of Right to Work gained dozens of seats in
publican ex-Governor of Kansas Fred Hall
that election. In every race where repeal of
stumped the country denouncing Right to
14(b) or Right to Work was an issue, voters
Work laws; Governor Goodwin Knight of Cali-
rejected candidates who favored compulsory
fornia spoke out against Right to Work (he
unionism.
was defeated) as did former Presidential can-
didate Alf Landon, and many others. The Re-
"The right to work is the very essence of the
publican disarray on this and other issues led
personal freedom and opportunity that it was
analyst Sam Lubell to conclude: "If 1958 holds
the purpose of the 14th Amendment to
out one prominent lesson to the Republican
secure."
Party it is that the GOP must stand for some-
thing definite politically. Trying to be all things
Charles Evans Hughes
6
7
Less than three years ago, in the 1970 Con-
drive led by Congressman Sam Steiger of Ari-
gressional elections, we saw an even more
zona is underway to delete from the National
convincing demonstration of the political right-
Labor Relations Act and the National Railway
ness of supporting Right to Work. That's the
Labor Act those provisions which give the sanc-
year when the Nixon Administration, in a deal
tion of federal law to compulsory unionism.
with George Meany, promoted a postal re-
Co-sponsored by some two dozen of the more
organization bill which would subject 750,000
forward-looking members of the House, this
postal workers to compulsory unionism. Typ-
bill first introduced in 1971 represents the first
ical of the conventional wisdom based on the
serious effort to repeal the federal authoriza-
1958 political myth, the sophisticates in the
tion for compulsory unionism. It deserves your
Nixon Administration concluded, as Postmas-
active and enthusiastic support.
ter General Winton Blount himself told me,
Next, on the other side of the coin, those
that they couldn't pass their postal reform bill
who believe that the power of union officials
unless they gave George Meany what he
should not be further enlarged, are fighting
wanted most-compulsory unionism for postal
moves to extend the National Labor Relations
workers.
Act with its compulsory unionism authorization
As you know, the results proved exactly the
to additional groups of workers not presently
opposite. The bill couldn't be passed without
covered by the Act. These include the 1.5 mil-
a Right to Work provision in it-a conclusion
lion employees of non-profit hospitals, some
which Blount acknowledged only when he was
3 million farm workers, and even the employees
finally backed squarely against the wall.
of all state and local governments in America.
It's a rule of thumb in Congress that labor
Ironically, sponsorship of these measures comes
issues don't come up in election years-they
from all points on the political spectrum from
are too controversial. Nonetheless, the Right to
the extreme Left to the supposedly most con-
Work issue came up on the floor of the House
servative members of the House and Senate.
of Representatives in July of 1970 just four
months before election. Members faced an up
"No, the object of government is not to
and down vote strictly on the question of Right
to Work. The results, based on political judg-
change men from rational beings into beasts
ments of members of Congress who would be
or puppets, but to enable them to develop
facing the voters four months later, were 226
their minds and bodies in security, and to
in favor of Right to Work to 159 against it.
employ their reason unshackled; neither
In November of 1970 the voters confirmed
showing hatred, anger, or deceit, nor
the wisdom of that decision when not a single
watched with the eyes of jealousy and injus-
one of the 226 pro-Right to Work votes was
tice. In fact, the true aim of government is
unseated by a candidate who openly challenged
liberty."
him on his vote in favor of Right to Work.
Baruch Spinoza
But old wives tales die hard. I can promise
you'll hear the 1958 political myth repeated
Another area in which compulsory union-
again and again in the counsels of political
ism is seriously threatening the rights of mil-
candidates. We suggest that you recognize it
lions of employees and the public interest is
for what it is-a political scapegoat which never
that of government service. We are moving
had any validity and whose life 'expectancy
rapidly toward a situation in which citizens
should have expired years ago.
unwilling to support the political and compul-
Now, against that background, I'd like to
sory unionism aims of the international unions
summarize for you briefly some of the areas
will be driven from government service. Many
in which the issue of compulsory unionism is
already have been. I'm sure I don't have to
being debated. First, in the Congress, a serious
paint a picture for you of the kind of govern-
8
9
ment action we'll get when the entire govern-
labor disputes such as a strike and boycott run
ment bureaucracy from top to bottom is under
by Cesar Chavez.
the direct control of a few professional union
All these things are happening today-and
militants.
the trend is just beginning!
At the federal level, there is a growing drive
for legislation, written by union organizers,
SEEK "CONTROL"
which will extend vast power and privilege to
union organizers of federal employees, includ-
One aggressive public employee labor union
ing, of course, the power to fire any employee
which makes no secret of its political objectives
unwilling to support financially the political
and which demands exclusive representation
and legislative policies set down by the con-
monopoly and compulsory unionism is the
trolling union hierarchy. At the state level,
NEA union. Still operating as the National Edu-
more than two dozen states have already en-
cation Association, this group abandoned its
acted laws to tip the balance in favor of union
role as a professional society several years ago
organizers of public employees, and in many
to become one of the most militant and co-
cases specifically authorizing the practice of
ercive labor unions in the country.
compelling citizens to pay money to a union
George Fisher, as outgoing President of the
official for the privilege of working for his
National Education "Association" laid it on
own government.
the line three years ago. NEA officials, he said,
To emphasize some of the implications of
would "not be satisfied until we are the most
this kind of compulsory unionism consider
powerful lobby (in Washington)
Within ten
these documented examples of what is already
years," he predicted, "I think this organization
happening throughout our country:
will control the qualifications for entrance into
As part of its preparation for an illegal strike,
the profession, and for the privilege of remain-
members of a teachers' union (a local of the
ing in the profession."
NEA union) used classroom time to indoctri-
Added Catherine Barrett, recent past NEA
nate children, from the second grade and up,
President, in a newspaper interview:
on the meaning of various terms used in labor
"We are the biggest potential political strik-
relations. You can well imagine the colorful
ing force in this country and we are determined
definitions those impressionable young minds
to control the direction of education."
received when they were presented with the
In conclusion, I want to call on all those
union bosses' interpretation of such terms as
"scab", "strike breaker", and "lock-out".
who are truly concerned with the preservation
of individual liberty in America to abandon the
Consider policemen and firemen being told
dangerous courtship with so-called "political
that they would lose their jobs if they failed
realities" and to tackle instead the major moral
to pay dues to a union which was heavily in-
issues of the day.
volved in politics, and guilty of widespread
violence and contempt for law and order.
Consider the bosses of a public employee
"Greater than the tread of mighty armies is
union being given the legal right to cause the
an idea whose time has come."
arrest of representatives of a competing em-
Victor Hugo
ployee association for setting foot on public
property declared to be the exclusive domain
We need to deal with basic problems, in-
of the recognized union.
cluding that of excessive power and privilege
Consider the use of classroom time for in-
which for 38 years have been conferred by
doctrination of students with AFL-CIO prepared
government on a select special interest mi-
"lesson plans" explaining the issues in major
nority-union organizers.
10
11
STATESMANSHIP
Political leadership on the basis of moral
principle rather than political expediency is
sometimes referred to, I believe, as "states-
The National Right to Work Committee is a coali-
manship." That's what we're talking about-
tion of employers and employees organized in
and I think events have shown that this is
1955 with a single purpose: protecting the right
the kind of leadership to which the American
of individual workers to join or not to join a union
people will respond if given the facts.
without losing their jobs. The National Committee
We call upon all Americans who believe in
believes that all Americans must have the right
freedom to reject political expediency and
but not be compelled to join labor unions.
work with us to correct a fundamental moral
deficiency in the present federal labor statute-
The National Committee led the fight in 1965-1966
the National Labor Relations Act.
to preserve Section 14(b) of the Taft-Hartley Act
I have suggested to you today that the
and has been largely responsible for defeating
American people should take a hard look at
efforts in recent years to impose compulsory un-
the validity of all the special privileges ex-
ionism on farm workers, public employees and
tended by law to union organizers. As to the
postal workers.
National Right to Work Committee, we occupy
For more information about how you can help
a middle ground. We are challenging one-
and only one-of the broad range of special
fight compulsory unionism, write:
union privileges: the federal sanction of com-
Information Division
pulsory unionism. We think that this moderate
National Right to Work Committee
step-the elimination of forced union member-
1990 M Street, N.W.
ship will, in itself, provide badly-needed self-
Washington, D.C. 20036
discipline within the union movement. It will
eliminate in a large measure the callous dis-
regard for rights of individuals which is ram-
pant throughout unionism today.
We hope that each of you will join with us
in standing firmly against every law which
RIGHT TO WORK
sanctions the concept that any American can
be compelled to pay money to a private or-
ganization in order to earn a livelihood.
"Good Unions Don't Need Compulsory
Unionism; Bad Unions Don't Deserve It."
12
RIGHT TO WORK
"Good Unions Don't Need Compulsory
Unionism; Bad Unions Don't Deserve It."
"THE ONLY
PRACTICABLE
WAY OF
RESTORING
FREEDOM"
by If A. Hayek
The 1974 winner of the Nobel Prize in
economic sciences, Friedrich A. Von Hayek,
discusses the need for Right to Work laws
in this chapter from his highly acclaimed book,
"The Constitution of Liberty."
Reprinted by Permission from "The Constitution of Liberty"
Copyright 1960 by
The University of Chicago
Published 1960 Third Impression 1961
Composed
and printed by THE UNIVERSITY OF CHICAGO PRESS, Chicago, Illinois, U.S.A.
F.A. Hayek was co-recipient along with Gunnar Myrdal
a reflective, often biting, commentary
of the 1974 Nobel Prize in Economic Sciences. A
on the nature of our society and its dominant thought
member of the faculty at the University of Freiburg
by one who is passionately opposed to the coercion
(Germany) since 1962, Hayek wrote "The Constitution
of human beings by the arbitrary will of others,
of Liberty" in 1960, while a professor of social and moral
who puts liberty above welfare and is sanguine
science in the Committee on Social Thought at the
University of Chicago. Prior to joining the University
that greater welfare will thereby ensue,"
of Chicago in 1950, he was a professor at the
Sidney Hooks, NEW YORK TIMES BOOK REVIEW.
University of London.
HIGHLIGHTS
"Most
people
have so little realization of what has happened that
they still support the aspirations of the unions in the belief that they are
struggling for 'freedom of association,' when this term has in fact lost its
meaning and the real issue has become the freedom of the individual to
join or not to join a union."
CHAPTER EIGHTEEN
"It is the techniques of coercion that unions have developed for the
purpose of making membership in effect compulsory, what they call their
Labor Unions and
'organizational activities' (or, in the United States, 'union security'-a curi-
ous euphemism) that give them real power. Because the power of truly
voluntary unions will be restricted to what are common interests of all
workers, they have come to direct their chief efforts to the forcing of
Employment
dissenters to obey their will. They could never have been successful in this
without the support of a misguided public opinion and the active aid of
government."
Government, long hostile to other monopolies, sud-
"In general, the legalization of unions has come to mean that whatever
denly sponsored and promoted widespread labor
methods they regard as indispensable for their purposes are also to be
monopolies, which democracy cannot endure, cannot
treated as legal. The present coercive powers of unions thus rest chiefly on
control without destroying, and perhaps cannot
the use of methods which would not be tolerated for any other purpose
destroy without destroying itself.
and which are opposed to the protection of the individual's private sphere."
HENRY C. SIMONS
"The essential requirement is that true freedom of association be as-
sured and that coercion be treated as equally illegitimate whether em-
ployed for or against organization, by the employer or by the employees.
1. Public policy concerning labor unions has, in little more than a
The principle that the end does not justify the means and that the aims of
the unions do not justify their exemption from the general rules of law
century, moved from one extreme to the other. From a state in
should be strictly applied."
which little the unions could do was legal if they were not pro-
hibited altogether, we have now reached a state where they have
"
the unions should not be permitted to keep non-members out of
become uniquely privileged institutions to which the general rules
any employment. This means that closed and union-shop contracts (includ-
of law do not apply. They have become the only important in-
ing such varieties as the 'maintenance of membership' and 'preferential
stance in which governments signally fail in their prime function-
hiring' clauses) must be treated as contracts in restraint of trade and denied
the prevention of coercion and violence.
the protection of the law. They differ in no respect from the 'yellow-dog
This development has been greatly assisted by the fact that
contract' which prohibits the individual worker from joining a union and
which is commonly prohibited by the law."
unions were at first able to appeal to the general principles of
liberty¹ and then retain the support of the liberals long after all
"It cannot be stressed enough that the coercion which unions have been
discrimination against them had ceased and they had acquired
permitted to exercise contrary to all principles of freedom under the law
exceptional privileges. In few other areas are progressives so little
is primarily the coercion of fellow workers. Whatever true coercive power
willing to consider the reasonableness of any particular measure
unions may be able to wield over employers is a consequence of this
but generally ask only whether it is "for or against unions" or, as
primary power of coercing other workers."
it is usually put, "for or against labor."2 Yet the briefest glance at
the history of the unions should suggest that the reasonable posi-
"Though there ought to be no need for special 'right to work' laws, it
tion must lie somewhere between the extremes which mark their
is difficult to deny that the situation created in the United States by legisla-
tion and by the decisions of the Supreme Court may make special legisla-
evolution.
tion the only practicable way of restoring the principles of freedom."
{267}
Labor Unions and Employment
Union Coercion and Wages
Most people, however, have so little realization of what has
often shocked public opinion in recent times and uncritical pro-
happened that they still support the aspirations of the unions in
union sentiment is on the wane, the public has certainly not yet
the belief that they are struggling for "freedom of association,"
become aware that the existing legal position is fundamentally
when this term has in fact lost its meaning and the real issue has
wrong and that the whole basis of our free society is gravely
become the freedom of the individual to join or not to join a union.
threatened by the powers arrogated by the unions. We shall not be
The existing confusion is due in part to the rapidity with which
concerned here with those criminal abuses of union power that
the character of the problem has changed; in many countries vol-
have lately attracted much attention in the United States, al-
untary associations of workers had only just become legal when
though they are not entirely unconnected with the privileges that
they began to use coercion to force unwilling workers into mem-
unions legally enjoy. Our concern will be solely with those powers
bership and to keep non-members out of employment. Most peo-
that unions today generally possess, either with the explicit per-
ple probably still believe that a "labor dispute" normally means a
mission of the law or at least with the tacit toleration of the law-
disagreement about remuneration and the conditions of employ-
enforcing authorities. Our argument will not be directed against
ment, while as often as not its sole cause is an attempt on the part
labor unions as such; nor will it be confined to the practices that
of the unions to force unwilling workers to join.
are now widely recognized as abuses. But we shall direct our at-
The acquisition of privilege by the unions has nowhere been as
tention to some of their powers which are now widely accepted as
spectacular as in Britain, where the Trade Dispute Act of 1906
legitimate, if not as their "sacred rights." The case against these
conferred "upon a trade union a freedom from civil liability for
is strengthened rather than weakened by the fact that unions
the commission of even the most heinous wrong by the union or
have often shown much restraint in exercising them. It is precisely
its servant, and in short confer[red] upon every trade union a privi-
because, in the existing legal situation, unions could do infinitely
lege and protection not possessed by any other person or body of
more harm than they do, and because we owe it to the moderation
persons, whether corporate or incorporate."³ Similar friendly legis-
and good sense of many union leaders, that the situation is not
lation helped the unions in the United States, where first the Clay-
much worse that we cannot afford to allow the present state of
ton Act of 1914 exempted them from the antimonopoly provisions
affairs to continue.⁸
of the Sherman Act; the Norris-LaGuardia Act of 1932 "went a
long way to establish practically complete immunity of labor
2. It cannot be stressed enough that the coercion which unions
organizations for torts";4 and, finally, the Supreme Court in a
have been permitted to exercise contrary to all principles of free-
crucial decision sustained "the claim of a union to the right to deny
dom under the law is primarily the coercion of fellow workers.
participation in the economic world to an employer." More or less
Whatever true coercive power unions may be able to wield over
the same situation had gradually come to exist in most European
employers is a consequence of this primary power of coercing other
countries by the 1920's, "less through explicit legislative permis-
workers; the coercion of employers would lose most of its objec-
sion than by the tacit toleration by authorities and courts."6
tionable character if unions were deprived of this power to exact
Everywhere the legalization of unions was interpreted as a legal-
unwilling support. Neither the right of voluntary agreement be-
ization of their main purpose and as recognition of their right to
tween workers nor even their right to withhold their services in
do whatever seemed necessary to achieve this purpose-namely,
concert is in question. It should be said, however, that the latter-
monopoly. More and more they came to be treated not as a group
the right to strike-though a normal right, can hardly be re-
which was pursuing a legitimate selfish aim and which, like every
garded as an inalienable right. There are good reasons why in
other interest, must be kept in check by competing interests
certain employments it should be part of the terms of employment
possessed of equal rights, but as a group whose aim-the ex-
that the worker should renounce this right; i.e., such employ-
haustive and comprehensive organization of all labor-must be
ments should involve long-term obligations on the part of the
supported for the good of the public.⁷
workers, and any concerted attempts to break such contracts
Although flagrant abuses of their powers by the unions have
should be illegal.
[268]
269)
Labor Unions and Employment
Union Coercion and Wages
It is true that any union effectively controlling all potential
to force up wages above the level at which all seeking work could
workers of a firm or industry can exercise almost unlimited pres-
be employed, that is, the level that would establish itself in a truly
sure on the employer and that, particularly where a great amount
free market for labor in general.
of capital has been invested in specialized equipment, such a
But, while the real wages of all the employed can be raised by
union can practically expropriate the owner and command nearly
union action only at the price of unemployment, unions in par-
the whole return of his enterprise.9 The decisive point, however,
ticular industries or crafts may well raise the wages of their mem-
is that this will never be in the interest of all workers-except in
bers by forcing others to stay in less-well-paid occupations. How
the unlikely case where the total gain from such action is equally
great a distortion of the wage structure this in fact causes is
shared among them, irrespective of whether they are employed
difficult to say. If one remembers, however, that some unions find
or not-and that, therefore, the union can achieve this only by
it expedient to use violence in order to prevent any influx into their
coercing some workers against their interest to support such a
trade and that others are able to charge high premiums for ad-
concerted move.
mission (or even to reserve jobs in the trade for children of present
The reason for this is that workers can raise real wages above the
members), there can be little doubt that this distortion is consider-
level that would prevail on a free market only by limiting the
able. It is important to note that such policies can be employed
supply, that is, by withholding part of labor. The interest of those
successfully only in relatively prosperous and highly paid occupa-
who will get employment at the higher wage will therefore always
tions and that they will therefore result in the exploitation of the
be opposed to the interest of those who, in consequence, will find
relatively poor by the better-off. Even though within the scope of
employment only in the less highly paid jobs or who will not be
any one union its actions may tend to reduce differences in re-
employed at all.
muneration, there can be little doubt that, so far as relative wages
The fact that unions will ordinarily first make the employer
in major industries and trades are concerned, unions today are
agree to a certain wage and then see to it that nobody will be em-
largely responsible for an inequality which has no function and is
ployed for less makes little difference. Wage fixing is quite as ef-
entirely the result of privilege.¹¹ This means that their activities
fective a means as any other of keeping out those who could be
necessarily reduce the productivity of labor all around and there-
employed only at a lower wage. The essential point is that the
fore also the general level of real wages; because, if union action
employer will agree to the wage only when he knows that the
succeeds in reducing the number of workers in the highly paid
union has the power to keep out others. 10 As a general rule, wage
jobs and in increasing the number of those who have to stay in
fixing (whether by unions or by authority) will make wages
the less remunerative ones, the result must be that the over-all
higher than they would otherwise be only if they are also higher
average will be lower. It is, in fact, more than likely that, in
than the wage at which all willing workers can be employed.
countries where unions are very strong, the general level of real
Though unions may still often act on a contrary belief, there
wages is lower than it would otherwise be.¹² This is certainly true
can now be no doubt that they cannot in the long run increase real
of most countries of Europe, where union policy is strengthened
wages for all wishing to work above the level that would establish
by the general use of restrictive practices of a "make-work" char-
itself in a free market-though they may well push up the level of
acter.
money wages, with consequences that will occupy us later. Their
If many still accept as an obvious and undeniable fact that the
success in raising real wages beyond that point, if it is to be more
general wage level has risen as fast as it has done because of the
than temporary, can benefit only a particular group at the expense
efforts of the unions, they do so in spite of these unambiguous con-
of others. It will therefore serve only a sectional interest even when
clusions of theoretical analysis-and in spite of empirical evidence
it obtains the support of all. This means that strictly voluntary
to the contrary. Real wages have often risen much faster when
unions, because their wage policy would not be in the interest of
unions were weak than when they were strong; furthermore, even
all workers, could not long receive the support of all. Unions that
the rise in particular trades or industries where labor was not
had no power to coerce outsiders would thus not be strong enough
organized has frequently been much faster than in highly organ-
270 }
[271]
Labor Unions and Employment
Methods of Union Coercion
ized and equally prosperous industries.¹⁸ The common impression
capital investments are heaviest, they tend to become a deterrent
to the contrary is due partly to the fact that wage gains, which are
to investment-at present probably second only to taxation.
today mostly obtained in union negotiations, are for that reason
Finally, it is often union monopoly in collusion with enterprise
regarded as obtainable only in this manner¹⁴ and even more to the
that becomes one of the chief foundations of monopolistic control
fact that, as we shall presently see, union activity does in fact
of the industry concerned.
bring about a continuous rise in money wages exceeding the in-
The chief danger presented by the current development of
crease in real wages. Such increase in money wages is possible
unionism is that, by establishing effective monopolies in the supply
without producing general unemployment only because it is regu-
of the different kinds of labor, the unions will prevent competition
larly made ineffective by inflation-indeed, it must be if full em-
from acting as an effective regulator of the allocation of all re-
ployment is to be maintained.
sources. But if competition becomes ineffective as a means of such
regulation, some other means will have to be adopted in its place.
3. If unions have in fact achieved much less by their wage policy
The only alternative to the market, however, is direction by au-
than is generally believed, their activities in this field are neverthe-
thority. Such direction clearly cannot be left in the hands of
less economically very harmful and politically exceedingly danger-
particular unions with sectional interests, nor can it be adequately
ous. They are using their power in a manner which tends to make
performed by a unified organization of all labor, which would there-
the market system ineffective and which, at the same time, gives
by become not merely the strongest power in the state but a power
them a control of the direction of economic activity that would be
completely controlling the state. Unionism as it is now tends, how-
dangerous in the hands of government but is intolerable if exer-
ever, to produce that very system of over-all socialist planning
cised by a particular group. They do so through their influence on
which few unions want and which, indeed, it is in their best
the relative wages of different groups of workers and through their
interest to avoid.
constant upward pressure on the level of money wages, with its
inevitable inflationary consequences.
4. The unions cannot achieve their principal aims unless they
The effect on relative wages is usually greater uniformity and
obtain complete control of the supply of the type of labor with
rigidity of wages within any one union-controlled group and greater
which they are concerned; and, since it is not in the interest of all
and non-functional differences in wages between different groups.
workers to submit to such control, some of them must be induced
This is accompanied by a restriction of the mobility of labor, of
to act against their own interest. This may be done to some extent
which the former is either an effect or a cause. We need say no
through merely psychological and moral pressure, encouraging the
more about the fact that this may benefit particular groups but
erroneous belief that the unions benefit all workers. Where they
can only lower the productivity and therefore the incomes of the
succeed in creating a general feeling that every worker ought, in
workers in general. Nor need we stress here the fact that the
the interest of his class, to support union action, coercion comes to
greater stability of the wages of particular groups which unions
be accepted as a legitimate means of making a recalcitrant worker
may secure is likely to involve greater instability of employment.
do his duty. Here the unions have relied on a most effective tool,
What is important is that the accidental differences in union power
namely, the myth that it is due to their efforts that the standard
of the different trades and industries will produce not only gross
of living of the working class has risen as fast as it has done and
inequalities in remuneration among the workers which have no
that only through their continued efforts will wages continue to
economic justification but uneconomic disparities in the develop-
increase as fast as possible-a myth in the assiduous cultivation of
ment of different industries. Socially important industries, such as
which the unions have usually been actively assisted by their op-
building, will be greatly hampered in their development and will
ponents. A departure from such a condition can come only from
conspicuously fail to satisfy urgent needs simply because their
a truer insight into the facts, and whether this will be achieved
character offers the unions special opportunities for coercive
depends on how effectively economists do their job of enlightening
monopolistic practices. 15 Because unions are most powerful where
public opinion.
272 }
273 }
Labor Unions and Employment
Legitimate Functions of Unions
But though this kind of moral pressure exerted by the unions
doning of it constitutes a privilege conceded because of its pre-
may be very powerful, it would scarcely be sufficient to give them
sumed legitimate aim is shown by the fact that it can be and is
the power to do real harm. Union leaders apparently agree with
used by persons who themselves are not workers to force others to
the students of this aspect of unionism that much stronger forms
form a union which they will control, and that it can also be used
of coercion are needed if the unions are to achieve their aims. It is
for purely political purposes or to give vent to animosity against
the techniques of coercion that unions have developed for the
an unpopular person. The aura of legitimacy conferred upon it
purpose of making membership in effect compulsory, what they
because the aims are often approved cannot alter the fact that it
call their "organizational activities" (or, in the United States,
represents a kind of organized pressure upon individuals which in
"union security"-a curious euphemism) that give them real
a free society no private agency should be permitted to exercise.
power. Because the power of truly voluntary unions will be re-
Next to the toleration of picketing, the chief factor which en-
stricted to what are common interests of all workers, they have
ables unions to coerce individual workers is the sanction by both
come to direct their chief efforts to the forcing of dissenters to
legislation and jurisdiction of the closed or union shop and its
obey their will.
varieties. These constitute contracts in restraint of trade, and only
They could never have been successful in this without the sup-
their exemption from the ordinary rules of law has made them
port of a misguided public opinion and the active aid of govern-
legitimate objects of the "organizational activities" of the unions.
ment. Unfortunately, they have to a large extent succeeded in
Legislation has frequently gone so far as to require not only that
persuading the public that complete unionization is not only legiti-
a contract concluded by the representatives of the majority of the
mate but important to public policy. To say that the workers have
workers of a plant or industry be available to any worker who
a right to form unions, however, is not to say that the unions have
wishes to take advantage of it, but that it apply to all employees,
a right to exist independently of the will of the individual workers.
even if they should individually wish and be able to obtain a differ-
Far from being a public calamity, it would indeed be a highly
ent combination of advantages.¹⁶ We must also regard as inadmis-
desirable state of affairs if the workers should not feel it necessary
sible methods of coercion all secondary strikes and boycotts which
to form unions. Yet the fact that it is a natural aim of the unions
are used not as an instrument of wage bargaining but solely as a
to induce all workers to join them has been so interpreted as to
means of forcing other workers to fall in with union policies.
mean that the unions ought to be entitled to do whatever seems
Most of these coercive tactics of the unions can be practiced,
necessary to achieve this aim. Similarly, the fact that it is legiti-
moreover, only because the law has exempted groups of workers
mate for unions to try to secure higher wages has been interpreted
from the ordinary responsibility of joint action, either by allowing
to mean that they must also be allowed to do whatever seems
them to avoid formal incorporation or by explicitly exempting
necessary to succeed in their effort. In particular, because striking
their organizations from the general rules applying to corporate
has been accepted as a legitimate weapon of unions, it has come
bodies. There is no need to consider separately various other as-
to be believed that they must be allowed to do whatever seems
pects of contemporary union policies such as, to mention one,
necessary to make a strike successful. In general, the legalization
industry-wide or nation-wide bargaining. Their practicability rests
of unions has come to mean that whatever methods they regard
on the practices already mentioned, and they would almost cer-
as indispensable for their purposes are also to be treated as legal.
tainly disappear if the basic coercive power of the unions were
The present coercive powers of unions thus rest chiefly on the
removed.¹⁷
use of methods which would not be tolerated for any other pur-
pose and which are opposed to the protection of the individual's
5. It can hardly be denied that raising wages by the use of
private sphere. In the first place, the unions rely-to a much
coercion is today the main aim of unions. Even if this were their
greater extent than is commonly recognized-on the use of the
sole aim, legal prohibition of unions would however, not be justi-
picket line as an instrument of intimidation. That even so-called
fiable. In a free society much that is undesirable has to be tolerated
"peaceful" picketing in numbers is severely coercive and the con-
if it cannot be prevented without discriminatory legislation. But
{274}
[275]
Labor Unions and Employment
Constraining Coercion
the control of wages is even now not the only function of the
desires as possible. A large organization must in a great measure
unions; and they are undoubtedly capable of rendering services
be governed by rules, and such rules are likely to operate most
which are not only unobjectionable but definitely useful. If their
effectively if drawn up with the participation of the workers. 20
only purpose were to force up wages by coercive action, they would
Because a contract between employers and employees regulates
probably disappear if deprived of coercive power. But unions have
not only relations between them but also relations between the
other useful functions to perform, and, though it would be con-
various groups of employees, it is often expedient to give it the
trary to all our principles even to consider the possibility of pro-
character of a multilateral agreement and to provide in certain
hibiting them altogether, it is desirable to show explicitly why
respects, as in grievance procedure, for a degree of self-government
there is no economic ground for such action and why, as truly
among the employees.
voluntary and non-coercive organizations, they may have impor-
There is, finally, the oldest and most beneficial activity of the
tant services to render. It is in fact more than probable that
unions, in which as "friendly societies" they undertake to assist
unions will fully develop their potential usefulness only after they
members in providing against the peculiar risks of their trade.
have been diverted from their present antisocial aims by an effec-
This is a function which must in every respect be regarded as a
tive prevention of the use of coercion. 18
highly desirable form of self-help, albeit one which is gradually
Unions without coercive powers would probably play a useful
being taken over by the welfare state. We shall leave the question
and important role even in the process of wage determination. In
open, however, as to whether any of the above arguments justify
the first place, there is often a choice to be made between wage in-
unions of a larger scale than that of the plant or corporation.
creases, on the one hand, and, on the other, alternative benefits
An entirely different matter, which we can mention here only
which the employer could provide at the same cost but which he
in passing, is the claim of unions to participation in the conduct
can provide only if all or most of the workers are willing to accept
of business. Under the name of "industrial democracy" or, more
them in preference to additional pay. There is also the fact that
recently, under that of "co-determination," this has acquired
the relative position of the individual on the wage scale is often
considerable popularity, especially in Germany and to a lesser
nearly as important to him as his absolute position. In any hier-
degree in Britain. It represents a curious recrudescence of the ideas
archical organization it is important that the differentials between
of the syndicalist branch of nineteenth-century socialism, the
the remuneration for the different jobs and the rules of promotion
least-thought-out and most impractical form of that doctrine.
are felt to be just by the majority.¹⁹ The most effective way of
Though these ideas have a certain superficial appeal, they reveal
securing consent is probably to have the general scheme agreed
inherent contradictions when examined. A plant or industry can-
to in collective negotiations in which all the different interests are
not be conducted in the interest of some permanent distinct body
represented. Even from the employer's point of view it would be
of workers if it is at the same time to serve the interests of the
difficult to conceive of any other way of reconciling all the differ-
consumers. Moreover, effective participation in the direction of
ent considerations that in a large organization have to be taken
an enterprise is a full-time job, and anybody so engaged soon
into account in arriving at a satisfactory wage structure. An agreed
ceases to have the outlook and interest of an employee. It is not
set of standard terms, available to all who wish to take advantage
only from the point of view of the employers, therefore, that such
of them, though not excluding special arrangements in individual
a plan should be rejected; there are very good reasons why in the
cases, seems to be required by the needs of large-scale organiza-
United States union leaders have emphatically refused to assume
tions.
any responsibility in the conduct of business. For a fuller exami-
The same is true to an even greater extent of all the general
nation of this problem we must, however, refer the reader to the
problems relating to conditions of work other than individual re-
careful studies, now available, of all its implications.
muneration, those problems which truly concern all employees
and which, in the mutual interest of workers and employers,
6. Though it may be impossible to protect the individual
should be regulated in a manner that takes account of as many
against all union coercion so long as general opinion regards it as
[276]
{277}
Labor Unions and Employment
Constraining Coercion
legitimate, most students of the subject agree that comparatively
chap. xv) that this principle can never mean that all contracts
few and, as they may seem at first, minor changes in law and
will be legally binding and enforcible. It means merely that all
jurisdiction would suffice to produce far-reaching and probably
contracts must be judged according to the same general rules and
decisive changes in the existing situation. 22 The mere withdrawal
that no authority should be given discretionary power to allow or
of the special privileges either explicitly granted to the unions or
disallow particular contracts. Among the contracts to which the
arrogated by them with the toleration of the courts would seem
law ought to deny validity are contracts in restraint of trade.
enough to deprive them of the more serious coercive powers which
Closed- and union-shop contracts fall clearly into this category.
they now exercise and to channel their legitimate selfish interests
If legislation, jurisdiction, and the tolerance of executive agencies
so that they would be socially beneficial.
had not created privileges for the unions, the need for special legis-
The essential requirement is that true freedom of association
lation concerning them would probably not have arisen in com-
be assured and that coercion be treated as equally illegitimate
mon-law countries. That there is such a need is a matter for regret,
whether employed for or against organization, by the employer or
and the believer in liberty will regard any legislation of this kind
by the employees. The principle that the end does not justify the
with misgivings. But, once special privileges have become part of
means and that the aims of the unions do not justify their exemp-
the law of the land, they can be removed only by special legisla-
tion from the general rules of law should be strictly applied. Today
tion. Though there ought to be no need for special "right-to-
this means, in the first place, that all picketing in numbers should
work laws," it is difficult to deny that the situation created in the
be prohibited, since it is not only the chief and regular cause of
United States by legislation and by the decisions of the Supreme
violence but even in its most peaceful forms is a means of coercion.
Court may make special legislation the only practicable way of
Next, the unions should not be permitted to keep non-members
restoring the principles of freedom. 24
out of any employment. This means that closed- and union-shop
The specific measures which would be required in any given
contracts (including such varieties as the "maintenance of mem-
country to reinstate the principles of free association in the field
bership" and "preferential hiring" clauses) must be treated as
of labor will depend on the situation created by its individual
contracts in restraint of trade and denied the protection of the
development. The situation in the United States is of special in-
law. They differ in no respect from the "yellow-dog contract"
terest, for here legislation and the decisions of the Supreme Court
which prohibits the individual worker from joining a union and
have probably gone further than elsewhere²⁵ in legalizing union
which is commonly prohibited by the law.
coercion and very far in conferring discretionary and essentially
The invalidating of all such contracts would, by removing the
irresponsible powers on administrative authority. But for further
chief objects of secondary strikes and boycotts, make these and
details we must refer the reader to the important study by Profes-
similar forms of pressure largely ineffective. It would be necessary,
sor Petro on The Labor Policy of the Free Society,26 in which the
however, also to rescind all legal provisions which make contracts
reforms required are fully described.
concluded with the representatives of the majority of workers of
Though all the changes needed to restrain the harmful powers
a plant or industry binding on all employees and to deprive all
of the unions involve no more than that they be made to submit
organized groups of any right of concluding contracts binding on
to the same general principles of law that apply to everybody else,
men who have not voluntarily delegated this authority to them. 23
there can be no doubt that the existing unions will resist them
Finally, the responsibility for organized and concerted action in
with all their power. They know that the achievement of what
conflict with contractual obligations or the general law must be
they at present desire depends on that very coercive power which
firmly placed on those in whose hands the decision lies, irrespec-
will have to be restrained if a free society is to be preserved. Yet
tive of the particular form of organized action adopted.
the situation is not hopeless. There are developments under way
It would not be a valid objection to maintain that any legisla-
which sooner or later will prove to the unions that the existing
tion making certain types of contracts invalid would be contrary
state cannot last. They will find that, of the alternative courses
to the principle of freedom of contract. We have seen before (in
of further development open to them, submitting to the general
[278]
[279]
Labor Unions and Employment
The Role of Monetary Policy
principle that prevents all coercion will be greatly preferable in
prevent any reduction in the money wages of any particular group.
the long run to continuing their present policy; for the latter is
Where unions make such wage reductions impracticable and wages
bound to lead to one of two unfortunate consequences.
have generally become, as the economists put it, "rigid down-
ward," all the changes in relative wages of the different groups
7. While labor unions cannot in the long run substantially alter
made necessary by the constantly changing conditions must be
the level of real wages that all workers can earn and are, in fact,
brought about by raising all money wages except those of the
more likely to lower than to raise them, the same is not true of the
group whose relative real wages must fall. Moreover, the general
level of money wages. With respect to them, the effect of union
rise in money wages and the resulting increase in the cost of living
action will depend on the principles governing monetary policy.
will generally lead to attempts, even on the part of the latter
What with the doctrines that are now widely accepted and the
group, to push up money wages, and several rounds of successive
policies accordingly expected from the monetary authorities, there
wage increases will be required before any readjustment of rela-
can be little doubt that current union policies must lead to con-
tive wages is produced. Since the need for adjustment of relative
tinuous and progressive inflation. The chief reason for this is that
wages occurs all the time, this process alone produces the wage-
the dominant "full-employment" doctrines explicitly relieve the
price spiral that has prevailed since the second World War, that
unions of the responsibility for any unemployment and place the
is, since full-employment policies became generally accepted.²⁸
duty of preserving full employment on the monetary and fiscal
The process is sometimes described as though wage increases
authorities. The only way in which the latter can prevent union
directly produced inflation. This is not correct. If the supply of
policy from producing unemployment is, however, to counter
money and credit were not expanded, the wage increases would
through inflation whatever excessive rises in real wages unions
rapidly lead to unemployment. But under the influence of a doc-
tend to cause.
trine that represents it as the duty of the monetary authorities to
In order to understand the situation into which we have been
provide enough money to secure full employment at any given
led, it will be necessary to take a brief look at the intellectual
wage level, it is politically inevitable that each round of wage in-
sources of the full-employment policy of the "Keynesian" type.
creases should lead to further inflation. Or it is inevitable until
The development of Lord Keynes's theories started from the cor-
the rise of prices becomes sufficiently marked and prolonged to
rect insight that the regular cause of extensive unemployment is
cause serious public alarm. Efforts will then be made to apply the
real wages that are too high. The next step consisted in the propo-
monetary brakes. But, because by that time the economy will
sition that a direct lowering of money wages could be brought
have become geared to the expectation of further inflation and
about only by a struggle so painful and prolonged that it could
much of the existing employment will depend on continued mone-
not be contemplated. Hence he concluded that real wages must
tary expansion, the attempt to stop it will rapidly produce sub-
be lowered by the process of lowering the value of money. This is
stantial unemployment. This will bring a renewed and irresistible
really the reasoning underlying the whole "full-employment"
pressure for more inflation. And, with ever bigger doses of infla-
policy, now so widely accepted.²⁷ If labor insists on a level of
tion, it may be possble for quite a long time to prevent the appear-
money wages too high to allow of full employment, the supply of
ance of the unemployment which the wage pressure would other-
money must be so increased as to raise prices to a level where the
wise cause. To the public at large it will seem as if progressive
real value of the prevailing money wages is no longer greater than
inflation were the direct consequence of union wage policy rather
the productivity of the workers seeking employment. In practice,
than of an attempt to cure its consequences.
this necessarily means that each separate union, in its attempt to
Though this race between wages and inflation is likely to go on
overtake the value of money, will never cease to insist on further
for some time, it cannot go on indefinitely without people coming
increases in money wages and that the aggregate effort of the
to realize that it must somehow be stopped. A monetary policy
unions will thus bring about progressive inflation.
that would break the coercive powers of the unions by producing
This would follow even if individual unions did no more than
extensive and protracted unemployment must be excluded, for it
[280]
281]
Labor Unions and Employment
The Choice before Us
would be politically and socially fatal. But if we do not succeed
effectively organized for coercive action, to allow each to act
in time in curbing union power at its source, the unions will soon
independently would not only produce the opposite of justice but
be faced with a demand for measures that will be much more dis-
result in economic chaos. When we can no longer depend on the
tasteful to the individual workers, if not the union leaders, than
impersonal determination of wages by the market, the only way
the submission of the unions to the rule of law: the clamor will
we can retain a viable economic system is to have them deter-
soon be either for the fixing of wages by government or for the
mined authoritatively by government. Such determination must
complete abolition of the unions.
be arbitrary, because there are no objective standards of justice
that could be applied.⁸¹ As is true of all other prices or services,
8. In the field of labor, as in any other field, the elimination of
the wage rates that are compatible with an open opportunity for
the market as a steering mechanism would necessitate the re-
all to seek employment do not correspond to any assessable merit
placement of it by a system of administrative direction. In order
or any independent standard of justice but must depend on condi-
to approach even remotely the ordering function of the market,
tions which nobody can control.
such direction would have to co-ordinate the whole economy and
Once government undertakes to determine the whole wage
therefore, in the last resort, have to come from a single central
structure and is thereby forced to control employment and pro-
authority. And though such an authority might at first concern
duction, there will be a far greater destruction of the present
itself only with the allocation and remuneration of labor, its policy
powers of the unions than their submission to the rule of equal
would necessarily lead to the transformation of the whole of socie-
law would involve. Under such a system the unions will have
ty into a centrally planned and administered system, with all its
only the choice between becoming the willing instrument of gov-
economic and political consequences.
ernmental policy and being incorporated into the machinery of
In those countries in which inflationary tendencies have oper-
government, on the one hand, and being totally abolished, on the
ated for some time, we can observe increasingly frequent demands
other. The former alternative is more likely to be chosen, since it
for an "over-all wage policy." In the countries where these tenden-
would enable the existing union bureaucracy to retain their posi-
cies have been most pronounced, notably in Great Britain, it
tion and some of their personal power. But to the workers it would
appears to have become accepted doctrine among the intellectual
mean complete subjection to the control by a corporative state.
leaders of the Left that wages should generally be determined by
The situation in most countries leaves us no choice but to await
a "unified policy," which ultimately means that government must
some such outcome or to retrace our steps. The present position
do the determining.³⁰ If the market were thus irretrievably de-
of the unions cannot last, for they can function only in a market
prived of its function, there would be no efficient way of distribut-
economy which they are doing their best to destroy.
ing labor throughout the industries, regions, and trades, other
than having wages determined by authority. Step by step, through
9. The problem of labor unions constitutes both a good test of
setting up an official conciliation and arbitration machinery with
our principles and an instructive illustration of the consequences
compulsory powers, and through the creation of wage boards, we
if they are infringed. Having failed in their duty of preventing
are moving toward a situation in which wages will be determined
private coercion, governments are now driven everywhere to
by what must be essentially arbitrary decisions of authority.
exceed their proper function in order to correct the results of that
All this is no more than the inevitable outcome of the present
failure and are thereby led into tasks which they can perform only
policies of labor unions, who are led by the desire to see wages
by being as arbitrary as the unions. So long as the powers that the
determined by some conception of "justice" rather than by the
unions have been allowed to acquire are regarded as unassailable,
forces of the market. But in no workable system could any group
there is no way to correct the harm done by them but to give the
of people be allowed to enforce by the threat of violence what it
state even greater arbitrary power of coercion. We are indeed
believes it should have. And when not merely a few privileged
already experiencing a pronounced decline of the rule of law in
groups but most of the important sections of labor have become
the field of labor. Yet all that is really needed to remedy the
[282]
283]
Labor Unions and Employment
situation is a return to the principles of the rule of law and to their
consistent application by legislative and executive authorities.
This path is still blocked, however, by the most fatuous of all
fashionable arguments, namely, that "we cannot turn the clock
back." One cannot help wondering whether those who habitually
use this cliché are aware that it expresses the fatalistic belief that
we cannot learn from our mistakes, the most abject admission
that we are incapable of using our intelligence. I doubt whether
anybody who takes a long-range view believes that there is an-
other satisfactory solution which the majority would deliberately
choose if they fully understood where the present developments
were leading. There are some signs that farsighted union leaders
are also beginning to recognize that, unless we are to resign our-
selves to the progressive extinction of freedom, we must reverse
that trend and resolve to restore the rule of law and that, in order
to save what is valuable in their movement, they must abandon
the illusions which have guided it for so long. 33
Nothing less than a rededication of current policy to principles
already abandoned will enable us to avert the threatening danger
to freedom. What is required is a change in economic policy, for in
the present situation the tactical decisions which will seem to be
required by the short-term needs of government in successive
emergencies will merely lead us further into the thicket of arbi-
trary controls. The cumulative effects of those palliatives which
the pursuit of contradictory aims makes necessary must prove
strategically fatal. As is true of all problems of economic policy,
the problem of labor unions cannot be satisfactorily solved by ad
hoc decisions on particular questions but only by the consistent
application of a principle that is uniformly adhered to in all fields.
There is only one such principle that can preserve a free society:
namely, the strict prevention of all coercion except in the enforce-
ment of general abstract rules equally applicable to all.
{ 284
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Ford Aide Backs Federal Union Bargaining
By Joseph Young
presidential executive order under
collective bargaining in the federal
cy in the government's own house,"
true collective bargaining to your
gers." He noted that illegal strikes or
Washington Star Staff Writer
which the present program operates
sector" under the present system
Usery continued.
members."
walkouts by federal employes could
President Ford's chief aide on
is woefuly inadquate.
whereby management deals with
"Everyone knows that an execu-
Pulling no punches, Usery added,
unions under a presidential executive
Although Usery in the past has
result if true collective bargaining
labor-management affairs has come
tive order, in the minds of many, is a
order.
"The end product, all too frequently,
generally given rather mild philosph-
rights are not given them.
out strongly in favor of collective
weak substitute for law," Usery told
is a contract that simply restates
ical endorsement of federal employe
bargaining rights under law for
"And so long as unions are re-
an American Federation of Govern-
what management says management
bargaining rights by law, he never
Federal employe leaders are
federal employes and their unions.
stricted from bargaining on all of the
ment Employes banquet in Salt Lake
will do - and providing only the
until now stated his views so strongly
greatly heartened by Usery's speech,
vital economic issues - wages, pen-
In what appears to be a change in
City.
sions, medical care, vacations, holi-
protection to grieve should manage-
and emphatically nor advocated im-
feeling that it will give a great boost
the administration's attitude, W. J.
"An executive order - whether
ment violate its own rules."
mediate action as he does now.
to pending legislation in Congress to
days, insurance and many aspects
give government unions true collec-
Usery Jr., special assistant to the
from the hand of a Republican or
of a multitude of noneconomic issues
Usery concluded, "I believe that
Democrat - bears the inescapable
In fact, in his AFGE speech, Usery
tive bargaining rights. They appear
President on labor relations and the
- seniority, job transfers, discipline,
this condition, in itself, can and
said any delay in enacting such col-
confident that such a law will be
director of the Federal Mediation
mark of management," Usery said,
promotion, union security there can
should be relieved through the adop-
lective bargaining rights under law
and Conciliation Service, said the
adding that "there is precious little
enacted either this year or next year
be no fulfillment of our national poli-
tion of federal legislation bringing
"carries with it some inherent dan-
at the latest.
Since January 1, 1974, none of the State Legislatures
has enacted a law authorizing "agency shop" agreements cov-
ering State, county and municipal employees.
Laws sanctioning public sector collective bargaining
were adopted during the past 17 months by the legislatures
of Florida, Indiana, Iowa and Maine. The Florida and Iowa
laws explicitly prohibit all forms of compulsory unionism.
Provisions condoning involuntary unionism were amended out
of the Indiana and Maine bills before they became law.
Since January 1, 1974, proposals designed to legalize
"agency shop" agreements covering public employees have
failed in the legislatures of
California
Maryland
Idaho
Maryland
Indiana
New Jersey
Kentucky
West Virginia
Maine
Thirty-four States presently guarantee absolute free-
dom of choice to their public employees, while 12 States deny
freedom of choice in their public sectors.
FEDERAL EMPLOYEE COLLECTIVE BARGAINING LEGISLATION
BILL AND BACKGROUND
HOUSE
SENATE
REMARKS
*
HR 13 (Nix) -- Set up Federal Labor Relations
Manpower/Civil Ser-
No hearings
Authority, regulate labor management relations in
vice Subcommittee
scheduled
Federal employment, agency shop, monopoly repre-
sentation.
*
HR 79 (Forsythe, Roe, Fenwick), HR 3106 (Helstoski),
-do-
-do-
HR 6912 (Hanley) -- same as HR 13.
*
HR 56 (Wilson) -- Union security in U.S. Postal
Postal Facilities
Subcommittee "de-
Service.
Subcommittee hear-
ferred to later date"
ings, March 1975
HR 1837 (Ford) -- Establish Federal Employee
Manpower/Civil Ser-
No hearings
Labor Relations board; regulate federal labor man-
vice Subcommittee
scheduled
agement relations, agency shop, monopoly repre-
sentation.
HR 2881 (Ford), HR 4663 (Burton) -- same as HR 56.
same as HR 56 above
same as HR 56 above
*
HR 4800 (Henderson) -- Set up Federal Labor Rela-
Manpower/Civil Ser-
No hearings
tions Authority, labor management relations in federal
vice Subcommittee
scheduled
service; freedom of choice guaranteed.
*
HR 1581 (Ashbrook) -- Federal employees freedom
Manpower / Ser-
No hearings
of choice.
vice Subcommittee
scheduled
*
HR 3628 (Crane and others), HR 4232 (Robinson)
-do-
-do-
-- Federal employees freedom of choice.
STATE, COUNTY, MUNICIPAL EMPLOYEE COLLECTIVE BARGAINING LEGISLATION
BILL AND BACKGROUND
HOUSE
SENATE
REMARKS
* HR 77 (Thompson) -- extend NLRA to public employ-
Special Labor Sub-
No hearings
ees; monopoly representation, compulsory unionism
committee
scheduled
arrangements authorized.
*
HR 1488 (Roybal) -- "National Public Employee Rela-
Education & Labor
No hearings
tions Act"; authorizes agency shop, monopoly repre-
Committee
scheduled
sentation.
FEDERAL TIMES
Vol.10,No.44
JANUARY 8, 1975
50 Cents
FORUM
Compulsory Unionism:
(Federal Times does not necessarily share the position taken
A Negative View
by Mr. Larson on the union shop. We do believe, however, that
he has eloquently addressed one side of an issue that will
surface in the next Congress.
(Whatever else that may be said of Mr. Larson he does convey a
and not the union bureaucracy,
most provocative point of view and that is the purpose of Forum.
forces union officials "to win
Editor.)
About the Writer
acceptance by your own conduct,
your own action, your own wis-
dom, your own responsibility
and your own achievements."
By REED LARSON
against the expressed wishes of
Reed Larson is executive
the American people, the vast
vice president of the National
In other words, good unions
ONE OF the most talked about
majority of whom reject the idea
Right to Work Committee, an
don't need compulsion.
political events in years took
that anyone, especially not gov-
organization that is dedicated
ernment employees, should have
AFGE officials, of course,
place recently when AFL-CIO
to the extinction of the union
to pay tribute to a private organ-
know this - being one of only a
President George Meany legi-
shop.
timatized his break with Demo-
ization in order to earn a living.
dozen unions nationally to gain
100,000 or more new members
cratic Party chieftain Robert
The committee, founded in
An independent public
1955, "believes every Ameri-
during the past ten years.
Strauss.
opinion survey conducted less
can should be able to get and
Just about every political com-
than a year ago showed that
Yet AFGE officials are leading
hold a job for which he is
more than two-thirds of the
the push for compulsory unio-
mentator in the business had an
qualified without having to
nism in federal service.
interpretation of the falling-out.
American people support this
join an unwanted union,"
Right to Work point of
says Larson.
At the same time, they com-
UNION RATIONALE -
view.
pletely missed the significance
He is one of the persons
Union officials, correctly or
of an equally dramatic political
Above all else, top union offi-
that was instrumental in hav-
incorrectly, argue that the costs
story which was unfolding on
cials want, and expect the 94th
ing a voluntary union provi-
of representing all the employ-
Capitol Hill.
Congress to give them, revolu-
sion placed in the Postal
ees in a bargaining unit are
tionary new labor laws which
Reorganization Act of 1970.
prohibitive, SO all employees
Because while Meany and
would compel all 14.5 million
should be required to share the
Strauss were consummating
public employees to pay money
Larson joined the commit-
burden equally. Otherwise, they
their royale spat, the "new
to unwanted unions in order to
tee in 1959.
argue, union members are forc-
guard" of Big Labor was with
keep their jobs.
ed to pay the costs of represent-
the open assistance of House
ing so-called "free riders."
Democratic leaders-assuming
Compulsory union legislation
command of the 94th Congress
affecting federal and postal
This is how they defend the
by stacking key committees with
service employees will be push-
demand for involuntary union
dozens of pliable congressmen
ed early to test the waters.
an integral part of everything
distinction must be preserved in
shop and "agency shop"
who owe their elections to union
Why union officials think they
they do, indistinguishable from
the federal service.
arrangements.
politicking.
can get such legislation passed
their other activities.
Significantly, 34 states also
Yet a simple solution is avail-
As a result, officials of the
by the new Congress is no se-
The plaintiffs in this case are
have laws which strictly prohibit
able, which they refuse to
AFL-CIO public sector unions,
cret.
a group of public employees who
forced membership in any pub-
endorse.
who recently pooled their mus-
oppose having the union use
lic employee organization.
cle in a new AFL-CIO subdivi-
UNION BUYING POWER -
Simply put, it's this:
their compulsory dues money to
sion (the public union depart-
It is reliably estimated that a
support political causes and
Voluntary association is not a
If representing non-members
ment), will be calling many of
figure of $25 million would be
candidates they personally op-
radical idea. In fact, it's the idea
of the union creates a problem.
the shots in the new Congress.
on the conservative side if a
pose. Theoretically, the same
upon which Samuel Gompers
as they allege, then write the
price tag could be put on union
kind of situation could arise if
founded the American Federa-
law SO that union officials don't
LEGISLATIVE ASSAULT
political spending in the recent
compulsory unionism is intro-
tion of Labor.
have to represent non-members.
This is not just significant be-
federal elections.
duced to the federal service.
cause it happened, or because it
Gompers put it like this: "The
They have only to represent
was overlooked by virtually
Nationally syndicated labor
workers of America adhere to
those people who want the
columnist Victor Riesel, whose
STOOGES - Fundamentally,
every Washington journalist ex-
voluntary institutions in prefer-
union's representation in the
estimates have been disputed
the proposed legislation would
cept Mary Russell of The Wash-
ence to compulsory systems
first place, and are willing to
but never disproven by union
make federal employees and
ington Post. It's important be-
which are held to be not only
pay for it.
officials, claims to have "stop-
their counterparts in the post
cause it paves the way for a
impractical, but a menace to
service the unwilling stooges of
This would solve their "prob-
major assault in the new Con-
ped counting" around the $25
their rights, welfare and their
union officials. Anybody who
lem" while protecting the right
gress for union-written
million mark.
liberty.'
would want to work for any gov-
of every employee to earn a liv-
legislation which would compel
And union political spending
ernment agency would:
Addressing himself directly to
ing whether or not he wishes to
federal and postal employees,
expert Douglas Caddy, whoseco
the matter of union affiliation or
affiliate with a union.
and eventually public employees
troversial book "The Hundred
(1) Have to accept an unwant-
non-affiliation, Gompers added,
at all other levels of govern-
ed union agent as his sole legiti-
If membership in government
Million Dollar Payoff" is consid-
"There may be here and there a
ment, to pay money to unwanted
mate "representative" in dealing
unions is permitted to become a
ered the most authoritative work
worker who for certain reasons
unions in order to work for their
with his own government.
condition of employment, mean-
in this area, claims the 1974 fig-
unexplainable to us does not
own government.
ing nobody but union members
ure was substantially higher.
(2) And have to pay money to
join a union of labor. That is his
can work for the government, we
As Federal Times readers
the union, as a condition of em-
right," Gompers said.
Regardless, the money
might as well kiss the merit
know, hearings were held on
whether it was $25 million or
ployment, in order to
In federal service the right to
principle and responsible gov-
similar compulsory unionism
$125 million - was spent be-
"compensate" the union for its
join or not join labor organiza-
ernment goodbye.
legislation in the 93rd Congress,
cause the bosses of Big Labor
unwanted representation.
tions dates back to an executive
but were stymied there by the
We doubt that's what the
expect Congress to repay the
Individual employees, and
order issued by John F.
public's lack of support.
federal government's employees
favor. And the compulsory unio-
other lawful employee organiza-
Kennedy.
want.
We doubt the present Congress
nism legislation is their number
tions to which they may belong,
one priority.
Arthur Goldberg, Kennedy's
We know it's not what the
will care much whether the pub-
would have no legal say in
Secretary of Labor and a former
lic supports or opposes such
PUBLIC SECTOR - Obvi-
conditions of employment once
American people want.
union lawyer, explained the
legislation.
a particular union is recognized
ously, public sector unions are
Kennedy Administration's ratio-
And we're confident they won't
just as heavily involved in politi-
as monopoly (exclusive) bargain-
Anyway, according to our
nale in a speech before the
let this, or any other' Congress
cal activities as the more
ing agent for the group. Put
American Federation of Govern-
sell the rights of government
reading of the present political
more simply, the individual's
ment Employees.
workers out to the $25 million
climate, hearings which will
established international AFL-
rights and freedoms would be
bidders.
undoubtedly be stacked with
CIO, Teamsters, and Auto
subordinated to the union's.
Goldberg said compulsory
union representatives - prob-
Workers.
unionism is, very simply, "inap-
ably will be held on similar
legislation early in the 94th Con-
In a Detroit court battle,
VOLUNTARY ASSOCIATION
propriate to the Federal
gress and legislation very likely
Mamie Adams, et. al. V. City of
- The right of government em-
Government."
will be reported out of
Detroit, et. al, officials of the
ployees to join voluntary associ-
"And because of this," he said,
committee.
country's largest and most mili-
ations is established beyond
"there is a larger responsibility
tant public sector union, the
question, as it should be.
for enlightenment on the part of
And a real donnybrook will
American Federation of State,
Free association is exactly the
the government union."
Reprinted with permission,
take place on the Senate and
County and Municipal Employ-
House floors, pitting the power-
ees, ALF-CIO, recently admitted
opposite of compelled associa-
from FEDERAL TIMES,
Goldberg correctly argued that
ful AFL-CIO political machine
in a "request for admissions"
tion, however, which is a distinc-
January 8, 1975
voluntary unionism, designed to
and its congressional buddies
that their political activities are
tion we must keep in mind. This
protect the individual employee
REPRINTS-For further information and additional copies of this article write: Informa-
THE NATIONAL RIGHT TO WORK COMMITTEE
tion Department, National Right to Work Committee. Single copies free, 20 copies $1.00.
8316 Arlington Boulevard, Fairfax, Virginia 22030
"Americans Must Have the Right But Not Be Compelled to Join Labor Unions"
Congressional Record
United States
of America
PROCEEDINGS AND DEBATES OF THE
94th
CONGRESS, FIRST SESSION
Vol. 121
WASHINGTON, THURSDAY, MARCH 6, 1975
No. 36
Senate
The Senate met at 12 noon and was
The ACTING PRESIDENT pro tem-
Department claimed yesterday that the
called to order by Hon. GARY W. HART,
pore. Without objection, it is so ordered.
August 1973 halt of U.S. bombing in
a Senator from the State of Colora
Cambodia, which Congress ordered-and
I did not vote for that particular pro-
PRA'
The Chaplain, the
L. R. Elson, D.D., O.
prayer:
Hear the words
Proverbs:
Keep thy heart
for out of it are t
Proverbs 4: 23.
o Lord, our God, k
with the divine spirit
On March 6, eight U.S. Senators, led by
work better for the N
former Salt Lake City mayor Jake Garn, held
ing kingdom. Amen.
a lengthy colloquy on proposed compulsory
public sector "bargaining" legislation. We
APPOINTMENT OF
DENT PRO
feel their remarks deserve your attention,
The PRESIDING (
even though the colloquy received little,
will please read a CO
if any, media coverage. (See next page.)
Senate from the Prt
(Mr. EASTLAND)
The legislative clei
-- Reed Larson
letter:
Executive Vice President
PRESIDE
NATIONAL RIGHT TO WORK
Washington
To the Senate:
COMMITTEE
Being temporarily al
on official duties, I a
HART, a Senator from
to perform the duties (
absence.
JAI
Pt
Mr. GARY W. HART thereupon took
THE vents no a 0110
puone discussion U1 potroy
the chair as Acting President pro
resumed the consideration of legislative
sues relating to Indochina. And blames-
tempore.
business.
manship will not help to build a coop-
erative working relationship between
AID TO CAMBODIA
Congress and the executive branch on
THE JOURNAL
foreign policy matters. The question is
Mr. MANSFIELD. Mr. President, on
Mr. MANSFIELD. Mr. President. I ask
not who lost Cambodia, if the present
February 25, in a letter to the Speaker
unanimous consent that the reading of
government falls, but who got us into
of the House, the President said that "an
the Journal of the proceedings of
Cambodia, for what purpose and what
independent Cambodia cannot survive"
Wednesday, March 5, 1975, be dispensed
its cost in men, money, refugees, and
with.
without the supplemental aid he re-
destruction has been.
quested and posed the question: "Are we
The ACTING PRESIDENT pro tem-
to deliberately abandon a small country
pore. Without objection, it is so ordered.
in the midst of its life and death
ORDER OF BUSINESS
struggle?" The day before, Assistant Sec-
COMMITTEE MEETINGS DURING
retary of State Philip Habib told a Sen-
The ACTING PRESIDENT pro tem-
SENATE SESSION
ate Foreign Relations Subcommittee that
pore. Under the previous order, the Chair
only if the aid requested was provided
recognizes the Senator from Michigan.
Mr. MANSFIELD. Mr. President, I ask
can "that nation survive." Now Secretary
(The remarks made by Mr. GRIFFIN
unanimous consent that all committees
Habib has made a "summary of negoti-
at this point appear in today's RECORD
may be authorized to meet during the
ating efforts on Cambodia" available to
under Statements on Introduced Bills
session of the Senate today.
the Congress and the media. The State
and Joint Resolutions.)
S 3181
March 6, 1975
CONGRESSIONAL RECORD
3182
CONGRESSIONAL RECORD-SENATE
March 6, 1975
employees, compulsory arbitration and
are rights inuring to each citizen. All citi-
pulsory pu
ORDER OF BUSINESS
of any of the sovereign functions and
cent years in Philadelphia, Baltimore,
the role of individual freedom in an or-
zens have the right to associate in groups to
ing that
i
powers of government to a private, inde-
Albuquerque and dozens of other major
derly society.
advocate their special interests to the gov-
error for
The ACTING PRESIDENT pro tem-
pendent organization not subject to pub-
cities.
This discussion will also define the dis-
ernment. It is something entirely different
to grant any one interest group special status
for the St
pore. Under the previous order, the Sen-
lic control and rarely subject to public
Further, the majority of economists
tinctions between the public sector and
ator from Utah is recognized for not to
and access to the decision-making process.
divisions,
scrutiny?
recognize the power of labor unions to
the private sector. The public and the
this body
exceed 15 minutes.
The answer can be found in the enor-
force up wages and costs year after year
private sectors are as different as night
It is our hope that the discussion today
Mr. GARN. Mr. President, I ask unani-
by the age
mous growth of employment in Federal,
without corresponding advances in pro-
and day. And, a fundamental problem
will generate a serious national dialog
of the Gov
mous consent that a member of my staff,
State, and local governments. The Bu-
ductivity. This monopoly element, as we
lies in the fact that private sector models
about compulsory public-sector bargain-
would be
Daniel Wall, may have the privilege of
reau of Labor Statistics estimates that
have recently seen first hand, is a prime
are being applied to the public sector
ing laws and governmental sovereignty. I
the floor during the colloquy this
unions rep
public employment has grown faster
cause of inflation.
where they are not appropriate. By defi-
would like to suggest that the American
I wish to
morning.
than any other sector of the economy.
Moreover, it is widespread knowledge
nition collective bargaining suggests a
people and their representatives take a
not believe
The ACTING PRESIDENT pro tem-
There are now some 14 million govern-
that many candidates and elected offi-
parity of powers which is essential to the
hard look at the validity of legislation
pore. Without objection, it is so ordered.
my part or
ment workers-three million Federal em-
cials have depended on contributions
bargaining process. In the public sector
that sanctions compulsory unionism. I,
any antiw
ployees and 11 million State, county, and
from labor organizations. Many newly
this parity is nonexistent. Management
for one, intend to introduce legislation
We are fac
GOVERNMENTAL SOVEREIGNTY OR
municipal employees-and their number
elected Members of Congress are in-
in the private sector is granted a greater
to protect this country against universal
tion of pu
COMPULSORY PUBLIC SECTOR
is growing by leaps and bounds. Public
debted to organized labor for their finan-
degree of economic leverage than its
adoption of compulsory public sector bar-
interest of
BARGAINING
employment unions, having discovered
cial backing that helped them win elec-
counterpart in the public sector. Because
gaining laws, and I urge my colleagues
the emplo
that government unionism holds the
tions. All unions including public em-
of market restraints, it is possible for an
to support it.
levels in A
Mr. GARN. Mr. President, in a letter
most lucrative potential of all, are the
ployee unions are out for political con-
employee of private industry to negotiate
I want to make it clear that I am not
tems of re
to L. L. Stewart, president of the Na-
fastest growing and best organized labor
trol. Yet, the implications of political
himself out of a job. However, because
opposed to voluntary unionism, or the
of employn
tional Federation of Federal Employees,
unions in the country. From 1951 to 1972,
power in the hands of the public sector
government supplies essential services
right of individual public employees to
resentative
President Franklin Roosevelt said:
government work forces grew by 151 per-
are far more threatening than for other
for the public, it is not possible for him
organize and join unions if they SO desire.
and ultima
militant tactics have no place in the
cent, payrolls by 596 percent, union mem-
unions.
to "lock out" the employees or go out of
But I am a great believer in the right of
ing process
functions of any organization of government
bership by 130 percent, and strikes by
And of course there is the funda-
business.
free people to decide whether they wish
like all em
employees. A strike of public employees
public employees by 1,000 percent. And,
mental question of whether employees
The most fundamental question we
to do that or not. I am also a great be-
manifests nothing less than an intent on
sociation in
I might add that one need not be a
should be forced to relinquish their bar-
will address in this dialog is whether
liever in the right of the States to decide
their part to obstruct the operation of gov-
tion on the
ernment until their demands are satisfied.
Philadelphia lawyer to realize the cost of
gaining rights to unions which they do
government sovereignty can survive in
whether they shall have compulsory
of the un
Such action, looking toward the paralysis of
these strikes to the taxpayer both in
not want.
the wake of compulsory public-sector
unionism or not.
Governmer
government by those who have sworn to
terms of higher taxes and in terms of
Contrary to the evidence, a wide range
bargaining. Noted law professor Dr. Syl-
I am not proposing or intending to
collective
support it, is unthinkable and intolerable.
disruption to the community.
of proposals will be presented for our
vester Petro states:
propose national right-to-work laws.
pletely ina
For 200 years Americans have recog-
Therefore, it is hardly unexpected
consideration based on the hypothesis
There is an absolute and ineradicable in-
There are only 14 States that do so, and
terms and
nized and fought for the representative,
that Americans have begun to take a
that compulsory collective bargaining for
compatibility between government sovereign-
that is their right, to make such decisions
However
ordered, and sovereign government that
closer look and active interest in labor
government employees "safeguards the
ty and compulsory public-sector bargain-
on their own. They should not be man-
and the di
relations of State, local, and Federal
public interest and contributes to the
ing, an incompatibility which must neces-
dated by the Senate or by Congress in
President Roosevelt stood for in his
which mak
statement. Yet forces are mounting
Governments. And, as a result, several
effective conduct of public business."
sarily weaken if not ultimately destroy ef-
efforts to oppose their will on all the
fective governing power and the integrity of
gaining con
States and legislatures have passed leg-
Despite the profound differences between
local governments of this country. As a
which threaten this Government and the
government vis a vis the general citizenry,
First of a
elements which support it. I refer to the
islation governing labor relations of pub-
the public and private sectors, there are
former mayor, I could not tolerate that
since the necessary consequence of according
There is n
drive to carry compulsory bargaining
lic employees. What have we reaped from
those who approve extension to the pub-
public-employee unions exclusive bargaining
intrusion into my ability as the chief
competition
even deeper into the public sector. The
this activity? Where has it left us and
lic sector of the same kind of compulsory
status is to encourage among government
administrative officer of a city to make
tivities. Th
employees a tendency to repose their loyal-
such decisions, and be held accountable
battle cry has reached Capitol Hill, and
where will it take us?
collective bargaining legislation which
that Gover
as all of us in Congress know, a serious
Legislators have usually been persuad-
has been operative in the private sector
ties primarily in the units which they have
to the citizens of my city for those deci-
tivities in
legislative drive will soon be underway to
ed to adopt the "orderly process" of
for some 40 years.
been induced to believe are their protago-
sions.
private sec
nists.
collective bargaining from the private
When the Federal Government sanc-
The ACTING PRESIDENT pro tem-
enact compulsory bargaining laws-laws
ing an arg
that any objective analysis will show to
sector. The enactment of such laws are
tion was given to exclusive union repre-
Obviously, what we need asked and
pore. The Senator's 15 minutes have
monopoly
be violently incompatible with a sover-
usually justified in the name of peace and
sentation and compulsory unionism in
answered is whether the government-
expired.
considered
eign, responsible government.
tranquility. Union supporters assure the
private employment for private industry
by its nature, a monopoly and the pro-
Mr. GARN. I ask unanimous consent
activities 0)
The key ingredients we will doubtless
public employee/employer conjugal bliss
in 1935-through the National Labor
tector of all citizens' rights and liberties,
that Elizabeth Yee be accorded the privi-
reserve tha
see in forthcoming public sector collec-
and reduced "industrial strife." Yet the
Relations Act-it thereby extended to a
has the authority legally or morally, to
leges of the floor during the remainder
I do not thi
tive bargaining legislation are:
facts support the contrary.
private organization-a union-the pow-
transfer any of its functions to a private,
of the discussion on this subject.
tion the 1
First. Federal imposition of compul-
Virtually every "solution" has created
er of government.
independent organization. When public
The ACTING PRESIDENT pro tem-
monopoly
sory public sector bargaining on all gov-
more unionization problems than have
But several public employee legislative
officials acting under authority granted
pore. Without objection, it is SO ordered.
forcement,
ernments-in other words, the law would
been solved. Conflicts, unrest and illegal
proposals would go far beyond NLRA.
to them by other public officials, give un-
Under the previous order, the Senator
the coinage
force a sovereign government to negoti-
ion organizers the right to say who will
from South Carolina is recognized for
strikes continue to mount. Moreover, the
Bills suggested by the American Federa-
functions
ate as an equal with a private organiza-
concessions employees are not able to
tion of State, County, and Municipal Em-
perform public service and how those
not to exceed 15 minutes.
people thro
tion-in this case, a labor union.
get at the bargaining table they fre-
ployees and the National Education As-
services will be performed, do not we
Mr. THURMOND. Mr. President, my
atives.
Second. Monopoly bargaining privi-
quently try to get from the legislatures.
have a situation in which the authority
colleagues here today will address the
sociation would force a wide aggregation
Second,
leges-that is, individual public em-
of government has been divested from
question of whether the Federal Govern-
The solutions, for the most part, often
of union power and special privilege on
the private
ployees would be compelled to accept un-
do nothing more than merely add to the
every government unit in the country
the public?
ment should impose upon the States and
tive. I rega
their political subdivisions a system of
wanted union officials as their "exclusive
power and privileges of union organizers,
outside of the Federal Government.
Unwelcome as it may be in many quar-
of the sing
compulsory public sector collective bar-
representatives" in dealing with their
The prohibition of public employees
Among a long list of special privileges
ters, and unrealistic as it may seem in
giving Ame
gaining. More broadly, we will be con-
own government employer.
from striking is based on a sound premise
these proposals would: grant monopoly
others, the proper labor relations policy
tive capaci
status to a union without secret ballot
sidering whether it is in fact in the
Third. Compulsory membership where
which recognizes their unique position
for any government might well be one
our system
all public employees, including those who
elections, authorize strikes of public em-
which rejects collective bargaining in
public interest and is sound public policy
and potential ability to paralyze the com-
prise, a sy
do not want the alleged "services" of the
munity by a strike action. However, the
ployees, permit union officials to engage
every form.
for any government to be compelled to
higher stan
union, will have to join or pay money to
record shows that officials of public em-
in coercive acts, authorize and approve
recognize and bargain with unions.
Last September, the U.S. District Court
and service
full compulsory union membership and
I believe that in consideration of this
the union-or lose their right to work for
ployee unions openly flout laws which
for the Middle District of North Caro-
other econo
their own government.
obligate every State, political subdivi-
issue, we must pay careful attention to
stand as obstacles to their quest to take
lina held constitutional a State law
mit that th
It is my purpose and that of several of
sion, town, city, county, borough, district,
the question of the effect that such a
which declared contracts between gov-
considerati
over control of public services-openly
my colleagues to take a careful look today
school board, board of regents, public or
system of compulsory bargaining would
flout them and then brag about their
ernment and unions in that State to be
employee re
at a wide range of legislative proposals
illegal actions. Seldom has this resulted
quasi-public corporation or any other en-
have on the sovereignty of government.
void. In its decision the Court said:
other body
tity which is tax supported to abide by
In this area, I would like you to con-
covering public employees. We contend
in any significant legal penalty, however,
employees
its provisions and to obey the decisions of
to the extent that public employees
that these proposals, if enacted, will se-
sider what sovereignty consists of,
because of fear on the part of public
gain power through recognition and collec-
money goes
verely damage the public interest. Our
officials that strong punishment will be
a national public employment relations
tive bargaining, other interest groups with
whether it can exist where government
mission, as
quality of life will be diminished through
met with even more intensive retaliation.
commission.
a right to a voice in the running of the
is forced to submit itself and its decision-
public bod
the wanton disregard of the individual
In New York City a few years ago, offi-
Today's discussion will look into all
government may be left out of vital political
making processes to the negotiating
services to
cials of public employee unions convinc-
aspects of these various legislative pro-
decisions. Thus, the granting of collective
table. I hope that at the conclusion of
rights of millions of Americans. And, the
most efficie
ingly proved that they can put a major
posals as well as the development of a
bargaining rights to public employees in-
these remarks, it will be crystal clear
vide those
free spirit of democracy will be crushed
volves important matters fundamental to
by those who seek to compromise it.
U.S. metropolis out of business whenever
new spoils system through public em-
that governmental sovereignty is ab-
ple, and the
our democratic form of government. The set-
What has led us to the point where we
they choose to do so. What happened in
ployee political action, the rights of State
solutely essential and that it is so dia-
better servi
ting of goals and making policy decisions
can actually seriously discuss the transfer
New York City has also happened in re-
and municipal governments and their
metrically opposed to any system of com-
in our inter
3184
CONGRESSIONAL RECORD-SENATE
March 6, 1975
March 6, 1975
CONGRESSIONAL RECORD-SENATE
S318
ment
the right to refrain is just as basic
stand what is happening. They are the
posite and would take the time off dur
everything in our power to resist any
Mayors to heel-with or without a law-
to employ and keep in our employment
and precious as the right to join, and the
ones that have made the decisions as to
ing the summer. So it enabled us to ba
raised new doubts that the general welfare
the very best employees. In order to do
attempts to institute a system of com-
would benefit from a Federal mandate to
Commission supports this position.
what to be done in their particular
ance our work force. The employe
pulsory public sector collective bargain-
Some authorities contend that State legis-
this, we must keep ever mindful that the
strengthen civil service unions.
States, particular localities.
loved it. As I said, it was voluntary an
total compensation of our employees and
ing at any level of Government. I do not
lation should not include language that gives
Mr. President, I think it would be
85 percent of the employees chose
their working conditions must be com-
doubt for a moment that the future of
On November 11 the New York Daily
employees the option of not joining an em-
ployee organization. They point out that the
highly irresponsible for us to take an
work in that manner. It saved the tax
parable with those in the private sec-
our system of government depends on it.
News editorialized as follows:
States should not mandate the "choice" pro-
action that is contrary to their best in-
payers some money.
The ACTING PRESIDENT pro tem-
The 94th Congress must screw up its
tor.
courage and take a firm stand against such
vision since it would preclude employer and
terest.
Now, because Congress, due to the in
Now we come to the last and most
pore. Under. the previous order, the Sen-
reckless labor adventuring. Government
employee representatives from negotiating
I yield the floor, Mr. President.
fluence of the national labor organiza
crucial difference between public and pri-
ator from Arizona is recognized for not
workers are entitled to representation and
union and closed shop agreements. The pref-
The ACTING PRESIDENT pro tem-
tions, has decided to ignore all of th
vate employment. That is the very nature
to exceed 15 minutes.
bargaining. But strikes against the public
erable approach, according to this argument
pore. Under the previous order, the Sen-
mayors and Governors of this countr
should be taboo-period. And that goes also
is for the State laws to remain silent on this
of Government itself. The ruling prin-
UNIONIZATION OF FEDERAL, STATE, COUNTY, AND
ator from Nevada is recognized for not
because I do not suppose we have
ciple of action in the private sector is
for compulsory union membership. We simply
matter, thereby providing a greater degree
MUNICIPAL EMPOLYEES
to exceed 15 minutes.
much political power, they change
cannot afford these callous, indefensible
of flexibility for public agencies and em-
free contract. That is, every action that
Mr. FANNIN. Mr. President, I com-
threats to the health, safety and economy
ployee organizations to arrive at agreements
Mr. McCLURE. Mr. President, I ask
those rules and said that you cann
takes place between free individuals in a
mend my colleagues, the Senator from
tailored to fit their own special circum-
unanimous consent that the time allotted
grant compensatory time off unless y
of the nation. Nor should civil service workers
free society is done by mutual agree-
South Carolina and the very able and
stances.
to the Senator from Nevada under the
grant it during the week in which t1
be compelled to pay tribute to unions to hold
ment. This is true in employment, in
distinguished Senator from Utah; the
The Commission believes these contentions
special order be allotted to the Senator
overtime was incurred, or the followir
jobs won on merit.
purchase, in all of our obligations. How-
Senator from South Carolina, who served
ignore the fact that in the public service
from Utah (Mr. GARN)
week, or you have to pay it in cash
ever, the ruling principle of action in
with distinction as Governor, and who
Mr. President, I think that illustrates
the right to join an employee organization
The ACTING PRESIDENT pro tem-
time and a half.
Government is force. Government is
has great knowledge in the field which
exactly what we are discussing today.
must be accompanied by the right not to
pore. Without objection, it is so ordered.
That is an imposition of another ha
government only because it and it alone
he is discussing, and who has worked with
These people are proud public serv-
join. When the right to join becomes a duty,
Mr. GARN. Mr. President, I wish to
million dollars of cost on Salt Lake Ci
ants. They want to hold their jobs on
obviously freedom of choice becomes merely
has the power to rule by compulsion.
the employees both at the State and the
a catchword.
amplify my previous remarks with some
government.
This is the way it must be because only
the basis of their merit, their work, they
local levels. I am very pleased to follow
The union shop and the closed shop may
specific examples of the effect of laws
Congress in their great wisdom pass
through compulsion can Government
want to go forward, they want to earn
him in discussing this subject, so impor-
or may not be appropriate for various crafts
passed by Congress that are not nearly
revenue sharing. Salt Lake City receive
insure the ordered, peaceful society upon
tant to all the people of America, and
a right to go forward.
and trade portions of private industry. But
as severe as the matter we are condemn-
$4 million in revenue sharing. Becau
which all other segments of society de-
Mr. President, today public employees
my colleague from Utah, the former
given the size of many governmental juris-
ing today, that being mandatory collec-
of the imposition of the Fair Lab
in 34 of the 50 States are shielded from
dictions and agencies the diversity of em-
pend for their existence.
mayor of Salt Lake City, that great city
tive bargaining and binding arbitration,
Standards Act, Congress has taken $3
This is the crux of the question, can
compulsory unionism by constitutional
ployee skills, and the intense competition
and the effect these laws have had on the
million of it away. But more important
that stands as a symbol of good govern-
provisions, laws and executive orders.
between and among public employee orga-
any government exist as government
ment in this country of ours, and who
cities and States of this country. I refer
it has taken away the right of an elect
Those States are Alabama, Arizona,
nizations, this arrangement is wholly un-
once it has lost its sovereignty? Further-
performed admirably as its mayor, and
specifically to the imposition of the Fair
Arkansas, California, Connecticut, Dela-
suitable in the public service.
mayor and a city council to make dec
more, can any government retain
who is now a U.S. Senator. We are proud
Labor Standards Act upon municipal and
sions in their own community, in the
sovereignty when it must submit im-
ware, Florida, Illinois, Iowa, Kansas,
A similar view of impropriety of com-
that we have him with us, with his knowl-
State and county governments of this
own sovereign community, and he he
portant decisions of public policy to col-
Louisiana, Maine, Maryland, Mississippi,
pulsory unionism in the Federal serv-
edge of the affairs of municipalities that
country last year, despite the position of
accountable to the voters of that con
lective-bargaining negotiations with
Missouri, Nebraska, Nevada, New Hamp-
ice was expressed 13 years ago by then-
the National League of Cities Board of
munity for their actions. So the Congre
has proven to be very helpful to us,
shire, New Jersey, New Mexico, New
Secretary of Labor Arthur Goldberg. He
Directors representing 15,000 cities across
giveth and they taketh away. We have
unions?
having had recent experience in these
The answers to these questions are
York, North Carolina, North Dakota,
spoke out in defense of prohibition
particular fields, because we are in a
this country, despite the fact that the
net of a half million dollars left.
simple and clear, because of the very
Ohio, Oklahoma, Pennsylvania, Rhode
against the union shop and the closed
period of changing times, some better
Governors' Conference took a similar po-
Well, we were ignored. We were n
nature of unions and collective bargain-
Island, South Carolina, South Dakota,
shop in Executive Order 10988, issued
sition in opposition to the Congress of
listened to by the Congress. A sma
and some otherwise. However, we know
Texas, Utah, Vermont, Virginia, and
by the late President John F. Kennedy
the United States imposing the Fair
group of labor leaders obviously h:
ing.
that there are different issues that face
A collective-bargaining relationship-
Wyoming.
to authorize collective bargaining in the
Labor Standards Act and the provisions
more effect on the outcome of this in
our municipalities today than, perhaps,
Mr. President, the people of these
Federal service.
any and every collective bargaining re-
of it on local government, despite the
position of the Fair Labor Standards A
when some of us served in our particular
lationship-depends on establishing an
States have afforded their friends and
Addressing members of the American
fact that we testified opposed to it-
than the representatives of all of tl
States several years ago.
neighbors that work for their govern-
Federation of Government Employees,
adversary relationship between em-
Mr. President, Congress is now con-
Mayor Tom Bradley of Los Angeles and
cities in this country. So we decided
ployer and employee. Unions, in order
ments this protection that is so vital to
Secretary Goldberg said:
I, he being a Democrat, I being a Re-
take it to court. We did, and we have
fronted by demands from union spokes-
to win and hold the loyalty of their
their State and the future of their par-
I know you will agree with me that the
publican-despite the fact that the Na-
ceived an injuction, a restraining orde
men to sanction the forced unionization
members, must demand more than the
ticular communities, and certainly vital
union shop and closed shop are inappro-
of the 14½ million individuals employed
tional League of Cities Board of Direc-
from the imposition of this law. We a
to this great Nation of ours.
priate to the Federal government. And be-
employer is willing to offer. If a union
by the States, local jurisdictions, and the
tors representing 15,000 cities, both lib-
going to find out whether the Congre
Obviously, the safeguards now en-
cause of this, there is a larger responsibility
were to accept only what the employer
erals and conservatives, Republicans and
of the United States has the constit
Federal Government. These incredible
joyed by civil servants in those States
for enlightment on the part of the govern-
offered, it would serve no useful purpose
demands were dramatized last Novem-
would be eliminated by a new Federal law
ment union. In your own organization you
Democrats, came back and testified be-
tional right to impose their will on t
for its members and soon it would have
ber 6 by the first meeting of the AFL-
authorizing the forced unionization of
have to win acceptance by your own conduct,
fore House and Senate committees in
locally elected officials of this country.
no members. So unions by virtue of their
CIO's new Public Employees Department.
your own action, your own wisdom, your own
opposition, SO that a very united bipar-
The Governors Conference is suppor
citizens employed by the States and their
very nature and to preserve their ex-
That meeting was featured by an address
responsibility, and your own achieve-
tisan, nonpartisan effort opposed this,
ing the National League of Cities and t
istence, must make demands. The only
political subdivisions.
ments so you have an opportunity to
by the labor federation's president,
nevertheless it was imposed upon the
U.S. Conference of Mayors in this effo
instrument that unions have at their dis-
Mr. President, the erection of barriers
bring into your organization people who
cities of this country at a tremendous
I wish to add that I hope the America
George Meany, who said:
against involuntary union membership
come in because they want to come in and
posal to support their demands is the
cost to the taxpayers of this country. I
people will wake up to what is bei
Certainly, it's against the law to strike the
in the public sector was strongly recom-
who will participate, therefore, in the full
withdrawal of the services of their mem-
civil service, but it's AFL-CIO policy to ig-
use my own city as an example.
done, to demonstrate the arrogance
mended by the Advisory Commission on
activity of your organization.
bers-the strike. The strike is, even when
It will require us to pay time and a
some people in the labor movement
nore those laws.
Intergovernmental Relations. In March
it is peaceful, the use of force. It can-
Now, Mr. President, that was Secre-
half to firemen for sleeping. There will
impose their will, despite the feelings
not be defined or construed any other
Now, just imagine that.
1970, that distinguished bipartisan body
tary Goldberg addressing this Govern-
be no additional firemen, no better qual-
the elected representatives of this cou
way. No government can call itself
Mr. President, I was appalled by the
published its recommendations dealing
ment employees' organization, so this
ity of fire service, and just in my rela-
try.
irresponsibility of that statement.
with employer-employee relations in the
sovereign if it permits the use of force
is not a partisan issue, this an issue
tively small city a cost of $3 million a
I wish to report to the Senate a mee
to enforce demands against it. We can
Mr. Meany advised our 14½ million
public sector.
of righteousness, this is an issue of
year to the local taxpayers for nothing.
ing held this week with the Congre
see from this that there can be no true
civil servants to "quit working for the
Mr. President, it is advantageous for us
freedom.
There is an additional half million dol-
sional Cities Conference Workshop
collective bargaining without strikes and
guy who's kicking you around." Is that
to recall that this Commission was
Significantly, the ban on forced union-
lars because of rules that are involved
Collective Bargaining held March
there can be no true government with
not a fine way to address these people?
created by the Congress in 1959. Its mem-
ism in the Federal service has been
with telling us how to run our personnel
1975, 2 p.m. to 4:30 p.m., at the Inte
You stop the job. You shut it down. You
bers represent the general public and the
maintained by President Kennedy's
management system.
national Ballroom East, Washingt
strikes.
This is the essential question we must
take the consequences, and you fight. And if
legislative and executive branches of
three successors. A similar prohibition
the guy happens to be the mayor of a city
I will put in a specific example here.
Hilton Hotel, Washington, D.C.
face. Are we to have sovereign govern-
Federal, State, and local governments.
was incorporated by the Congress in the
or the governor of a state, it doesn't make
Most people know that in Salt Lake City
I refer to a memorandum address
The Commission overseees the operation
ment, or are we to have public sector
Postal Reorganization Act of 1970.
you have very distinct seasons. You have
to me from Commissioner Jennin
a damn bit of difference.
collective bargaining? We cannot have
of our federal system with its division of
Mr. President, if we permit ourselves to
hard winters and warm summers. So our
Phillips, Jr., of Salt Lake City, Utah.
both. I am confident that the vast ma-
That is the end of the quote, that par-
powers, and it submits carefully studied
be stampeded on the issue of authorizing
park department employees would work
This concerns the Congressional Wor
ticular quote. I think that is a shameful
recommendations relating to improve-
jority of the American people will agree
involuntary unionism in the public sec-
a lot of overtime on the parks and golf
shop on Collective Bargaining held du
quote.
ment of the system.
tor, exposing 14½ million public em-
with this position.
courses during the summer and build up
ing the League of Cities Conference
For us, my colleagues, the question is
It was reassuring to note that Mr.
In their 1970 report members of the
ployees to union coercion, then the
overtime, I might add this was on a vol-
the Washington Hilton Hotel.
equally simple. We must decide whether
Meany was censured on the editorial
Advisory Commission on Intergovern-
American people will recognize clearly
untary basis. They enjoyed taking that
Present were: Robert LaFortune, ma
we as the elected representatives of the
page of the New York Times. That news-
mental Relations declared:
that the Congress merits their contempt.
compensatory time off in the middle of
or, Tulsa, presiding; Robert Moss, Ge
people are going to continue to run our
paper is influential. I do not always agree
While recognition of the right to mem-
Mr. President, we should listen to the
the winter when they were not needed.
eral Counsel, House Subcommittee
Government, or whether we are going to
with it, but it observed in its edition of
bership is fundamental, of equal importance
voice of the American people. We should
They would take 5 or 6 weeks off at a
Labor of the House Committee on Ed
turn it over to a relative handful of pro-
November 10:
is the principle that no public employee
take the actions by the people that are
time and enjoy the long periods. The
cation and Labor; and George P. Sap
The accent Mr. Meany chose to put on
should be required or coerced into joining
fessional union organizers.
an organization as a condition of employ-
close to the scene of activity, to under-
snow removal crews would do the op-
Associate Counsel, Senate Committee
I am firmly convinced that we must do
militant action to bring Governors and
3186
CONGRESSIONAL RECORD-SENATE
March 6, 1975
March 6, 1975
CONGRESSIONAL RECORD-SENATE
We, as legislators, have a responsibil-
Mr. President, I find it disturbing to
have been di
Labor and Public Welfare, representing
jor concern has to be the question of
"hypocritical" those who believe strikes
can be prevented through the enactment
ity to our constituents to see that public
read predictions in the newspapers that
in the Const
Donald Elisburg.
strikes.
safety is maintained and that Govern-
this Congress will soon enact what is de-
zens and pi
I want the arrogance of this statement
The undesirability of public sector
of legislation which obligates govern-
to be carefully noted in the RECORD:
strikes and the reasons for this are obvi-
ment to bargain with unions.
ment services continue uninterrupted. To
scribed as "a new Federal law granting
kind of dom
ous to all of us. One needs only to look
fulfill this responsibility, we must oppose
collective bargaining rights" to the more
government
Labor leaders have echoed this and,
In the introductory remarks, both Mr.
at the havoc wrought by these strikes-
the injection of compulsory public sec-
than 11 million employees of the Na-
threat to all
Moss and Mr. Sape advised those present
as their actions demonstrate, have shown
tor collective bargaining into our society.
tion's States, counties, cities and towns.
The 10th
that regardless of what the Supreme Court's
such as those in San Francisco and Bal-
a total lack of regard for the law and
During the current session numerous
clares:
decision was on the suit brought by the
society by engaging in illegal strikes.
SUMMARY
timore-to realize their danger.
bills have been introduced here for the
The powers
League of Cities contesting the right of Con-
In Baltimore-police, prison guards,
George Meany, speaking at the founding
Faced with increasing union demands
purpose of mandating collective bargain-
States by the
gress to interfere with the employment prac-
and sanitation workers on strike at the
convention of the AFL-CIO's new Public
for compulsory public sector collective
ing at all levels of government. Such
it to the Sta
tices of the cities and counties of this coun-
same time. The result: Garbage piled in
Employee Department, said:
bargaining, a major concern has to be
legislation was submitted to the 93d Con-
respectively,
try, it was their opinion that Congress would
move ahead to impose such regulations on
the streets; individuals attempting to
If you just quit working for the guy who's
the question of public sector strikes.
gress and to several of its predecessors.
Nowhere,
take their own garbage to the dumps
kicking you around. And if that guy happens
the cities and counties.
The undesirability of public sector
But somehow, we are seeing steam
the Constitu
After questions by those present, Mr. Moss
harassed and physically threatened by
to be the mayor of the city or the Governor
strikes and the reasons for this are ob-
generated behind them.
and Mr. Sape stated Congress could very
strikers, in one instance fired upon-an
of a State, it doesn't make a damn bit of
suggests th
vious.
difference.
I recognize that this legislation has
would have
well make collective bargaining and the right
uprising of inmates at the city prison
We have been unable to prevent them.
been the subject of public hearings con-
way in whi
to strike a condition of getting a federal
subdued only with the assistance of non-
Actual experience with public sector
Experts on labor relations and union
ducted by committees and subcommittees
States would
grant.
rebellious inmates-looting and arson
collective bargaining further verifies
leaders have declared them unavoidable.
of the Senate and House of Representa-
ships with
That is really something, when em-
erupt within hours after the police walk
this. The State of Michigan, for exam-
Actual experience has echoed this. Strike
tives.
Mr. Presi
ployees of the Senate and the House of
off the job, resulting in millions of dol-
ple, enacted public sector bargaining
bans and penalties have been ineffectual.
It would be a grave mistake, in my
Congress of
Representatives of the United States are
lars of property damage and at least one
legislation in 1965. In the 7 years prior
The reason for public sector strikes is
view, for the Federal Government to at-
jacket on ti
telling mayors of this country that even
death. And the national president of the
to this, they had experienced one strike.
public sector collective bargaining. The
tempt to dictate to the States and their
tions would
if we win a suit in the Supreme Court
union threatens Governor Mandel that
In the 3 years that immediately followed,
rational course is to oppose compulsory
political subdivisions with respect to
of the autho
of the United States declaring the very
Baltimore City would burn to the ground
there were 103 illegal strikes. In fact, a
public sector collective bargaining.
their own employees.
the 10th ai
act of the Congress to be unconstitu-
unless their demands were met.
statistical compilation of all States
Mr. President, I was very much in-
If a given State bargains, or refuses
stitution.
tional, that Congress will go ahead and
In San Francisco-the city crippled by
shows an average of 1.92 strikes per
terested in the observations of the dis-
to bargain, with its own civil servants,
It would
stuff it down our throats anyway.
a massive strike of its employees. Public
State per year before the enactment of
tinguished junior Senator from Utah.
that is the State's business and not the
ready dang
Mr. Moss and Mr. Sape were extremely
transportation shut down-schools ex-
compulsory collective-bargaining legisla-
Here is a man who has had firsthand ex-
business of the Federal Government.
in the Fed
arrogant and in essence said that we
periencing 25 percent attendance and on
tion and 6.58 strikes per State per year
perience in the managing of a great city.
If a given State grants monopoly bar-
continue th
could do nothing to stop it and had just
a half-day schedule-San Francisco
thereafter.
He is a man who knows what he is talk-
gaining privileges to labor unions com-
sovereign S
as well sit back, relax, and enjoy it.
General Hospital operating on an emer-
Let me repeat those figures: The aver-
ing about. He is a man who has experi-
prised of its own employees, or withholds
administrat
I submit that it is time the American
gency-only basis, all but 150 critically ill
age statistical compilation of all States
enced firsthand what some of the laws
such privileges, that is the State's busi-
tion of Fed
people awakened to what is being im-
patients moved to other locations-over
prior to the enactment of this legislation
that are passed by Congress can do to a
ness and not the business of the Federal
the result t
posed upon them. If they want to have
100 million gallons of raw sewage a day
was 1.92, and after the enactment of
city in America. I am a believer in the
Government.
signed to
Government close to the people, if they
being pumped into the bay. After the
compulsory collective-bargaining legisla-
right of people to join unions. I am well
If a given State either prohibits or
namely, of
want their local mayor and city council,
settlement, a local labor leader tells the
tion, that figure rose to 6.58 per State
aware, as every interested American must
sanctions the mandatory unionization of
threaten tl
county commissioners, Governors, and
strikers:
per year thereafter.
be that unions have moved the standard
State workers who do not want to be
Such a law
legislators able to be anything but local
I want to compliment you on the way you
Legislated strike bans have proven in-
of living and the welfare of workers for-
represented by labor unions, that also
ride constit
stooges for the Federal Government, then
mounted your picket lines-the way you kept
effectual, as have penalties for illegal
ward in a very marked fashion in this
is the State's business and not the busi-
utes adopte
we cannot tolerate further extension of
this city in turmoil until our demands were
strikes. The vast majority of public
country in the last 100 years.
ness of the Federal Government.
in the Unio
the power of the Federal Government
met.
sector strikes have been and continue to
I think the words of the distinguished
If a given State decides to permit em-
States have
into the internal affairs of local and
One would think that something real-
be illegal. The penalties against both the
junior Senator from Utah and others
ployees of the State and its political sub-
lective barg
State government. We cannot tolerate a
ly terrific had been accomplished, with-
union and the individuals striking have
here today who have talked on this sub-
out ever giving a thought to the havoc
rarely been enforced, even in those
ject ought to be listened to by every
divisions to engage in strikes, that, too,
public secto
bill that imposes mandatory collective
is the State's business and not the busi-
A distino
bargaining and binding arbitration on
and the pain and suffering that resulted
States where the law has been written
Member of this body. They ought to be
ness of the Federal Government.
governmen
the cities and counties of this country.
so as to make these penalties automatic
read by every Member of the other body,
from this illegal strike.
We need to work to repeal the imposi-
and before we pass legislation that guar-
Several proposals now pending in the
of the Sta
and mandatory. Prime among the rea-
The scene has been repeated arcoss
sons for this has been the tendency to
antees public employees the right to
Congress would compel all of the 50
varied idea
tion of the Fair Labor Standards Act
the country: a firemen's strike in Albu-
States and their political subdivisions to
without con
which interferes with the sovereign right
include in the "negotiated" settlement
strike, we had better see what we are
querque that resulted in residents at-
recognize and bargain with unions pur-
a certain p
of a mayor or a Governor to administer
of a strike a clause granting amnesty to
doing. I hope that this Congress will act
tempting to put out fires with garden
collective b
the affairs of his own city or State.
the strikers and their union.
responsibly in this area and not take a
porting to represent their employees.
hoses; a prolonged teacher strike in Wis-
These proposals would also extend mo-
ing tested
I yield back the remainder of my time.
The simple fact is that collective bar-
step that, some say, would be a step for-
consin that led to deep divisions and out-
ward, but, in fact, would be a very sad,
nopoly bargaining privileges to recog-
of our Sta
gaining and strikes are inseparable. Pub-
The ACTING PRESIDENT pro tem-
breaks of violence within the community;
nized unions. They would legalize the
constitution
lic sector unions are going to strike when
step backward for America.
pore. Under the previous order, the Sen-
a recent bus strike in Washington that,
practice of requiring workers on public
will, Congr
and where they feel like it.
This is a great country. The rights of
ator from Wyoming is recognized for not
as reported in the Washington Post, most
individuals are protected here as they are
payrolls to pay dues or fees to labor
fere. It wo
The recent trend has been to give up
to exceed 15 minutes.
adversely affected low-income individ-
nowhere else on Earth.
unions as a condition of employment.
to permit
the fight altogether and legalize public
Mr. HANSEN. Mr. President, I have
uals that relied on the buses to get jobs
And the measures to which I refer would
To date
sector strikes, much to the delight of the
yield the floor.
consistently supported efforts to require
Mr. McCLURE. Mr. President.
put the Federal Government's stamp-of-
chosen to
far from their homes; a recent case in
unions. The State of Pennsylvania un-
private sector unions to conduct a secret
New York City where the leadership of
approval on strikes by State, county, and
in their pu
dertook such a course of action in 1971,
The PRESIDING OFFICER (Mr.
municipal employees-including public
ity will we,
ballot vote among their members before
the firefighter's union called a strike
and in 1972 had the dubious honor of
FORD). Under the previous order, the Sen-
calling a strike. I have also supported
after the membership had voted against
schoolteachers.
States they
leading the Nation in the number of pub-
ator from Idaho (Mr. McCLURE) is rec-
efforts to require that each new offer
lic sector strikes.
ognized for not to exceed 15 minutes.
The very fact that serious considera-
unionizatio
it.
from management be voted on by the
As a rule, have we been able to prevent
The point being conveniently ignored
Mr. McCLURE. Mr. President, I ask
tion is likely to be accorded-in fact. is
whom they
these work stoppages? Experience shows
by the proponents of compulsory public
unanimous consent that the order of ap-
being accorded-these proposals illus-
In 1959
membership. I believe that these meas-
sector collective bargaining is that pub-
pearance between Mr. BUCKLEY and my-
trates how far we have strayed from the
visory Com
ures are necessary to instill the greatest
that we have not. Learned opinion holds
amount of democracy into union affairs.
that under a system of compulsory public
lic sector collective bargaining is the rea-
self be reversed and that he be recognized
principles which guided the Nation's
Relations t
Under this system, a strike could not be
sector collective bargaining these strikes
son for public sector strikes. This fact is
at this time.
Founding Fathers.
American
mulate red
called unless a majority of members de-
are, in fact, unavoidable.
inescapable. A union must satisfy its
The PRESIDING OFFICER. Without
The men who established our form of
the system
sired it. and union leaders would not
Experts in the field of labor relations
membership. To do this, that union must
objection, it is so ordered. The Senator
government sought to diffuse sovereign
mission p
be allowed to reject management offers
have reached this conclusion. Theodore
make demands. This establishes the ad-
from New York is recognized.
power. George Washington said:
intergovern
without first consulting the member-
H. Kheel, the well-known arbitrator, has
versary relationship that unions thrive
Mr. BUCKLEY. I thank the distin-
Government is like fire, a dangerous ser-
invites rev
ship. This would go a long way toward
said that "collective bargaining and
on. To maintain this adversary relation-
guished Senator from Idaho.
vant and a fearful master.
men for all
placing control of their own affairs back
strikes are like siamese twins." Robert
ship and insure the success of their de-
Mr. President, I wish to address, in my
Students of our country's history well
representat
in the hands of the workers instead of a
Hillman, former labor commissioner for
mands, the union must show a willing-
remarks, one aspect of this discussion,
remember that ratification by the States
technical e
few union leaders.
the city of Baltimore, at a conference on
ness to strike, for the strike is their
namely, whether or not the Federal Gov-
of our Constitution was assured only by
mission th
Mr. President, in the public sector we
public sector labor relations held this
equalizer. The establishment of a will-
ernment has any authority or any right
adoption of the first 10 amendments to
and formu
are faced with increasing union demands
past December at the University of Mary-
ingness to strike necessitates actually
to intervene in what is basically the busi-
that document. Throughout our national
issue.
for a federally mandated system of
land said, "collective bargaining means
going on strike when the situation de-
ness of the States and their political
life those amendments have been popu-
In 1970
compulsory collective bargaining. A ma-
strikes." He further characterized as
mands it.
subdivisions.
larly known as the "Bill of Rights" and
findings
3188
CONGRESSIONAL RECORD SENATE
March 6, 1975
March 6, 1975
CONGRESSIONAL RECORD
S 3189
conducting a 1-year study of employer-
Employee Relations," and reads as
on this concept of government and the
It is important to stress here again
unanimous consent that the order for
These proposals would compel through
employee relations in the public sector.
follows:
governed.
that government, by definition, is unique.
the quorum call be rescinded.
Federal action individual public employ-
In unmistakable language, the Commis-
The United States Congress is considering
Yet, I am afraid, we have wandered far
It is a uniquely privileged and powerful
The PRESIDING OFFICER. Without
ees to accept an unwanted union as their
sion's report expressed vigorous opposi-
legislation which would provide to State and
astray in the field of labor relations law;
monopoly, whose very existence is de-
objection, it is so ordered.
"exclusive representative" in dealing
tion to:
local government employees the right to
and, if we are careless in our actions to
rived from the consent of the governed.
The PRESIDING OFFICER. Under
with their own government, and most
Any Federal effort to mandate a collective
organize and collectively bargain. This leg-
come, we might not only jeopardize the
As the distinguished scholar Russell
the previous order, the Chair will rec-
likely-as a consequence of compulsory
bargaining, meet and confer, or any other
islation would substantially replace indi-
freedoms we are supposed to protect, we
Kirk wrote last year in Education
ognize the Senator from North Carolina
monopoly representation-would cause
labor-relations system for the employees of
vidual state laws and porcedures which now
regulate these activities with a uniform fed-
might even jeopardize the Government
magazine:
(Mr. HELMS).
workers to pay tribute to union officials
State and local jurisdictions or for any sector
eral law.
itself.
By its nature, government is a monopoly.
Mr. HELMS. Mr. President, I ask
in order to keep their jobs.
thereof. Little would be left of the Federal
principle of divided powers were such legis-
The National Governors' Conference
As we have already noted, union pro-
In any community nowadays, ordinarily,
unanimous consent that I will be allowed
Antistrike provisions and the myriad
opposes federal intervention in this area. It
fessionals are trying to build a case for
there exists but one police force, one fire de-
lation enacted. No interpretation of the com-
to yield 2 minutes of my time to the dis-
other technical details union officials pro-
merce power, of the State as proprietor, or of
is the belief of the Nation's Governors that
Federal legislation affecting labor rela-
partment, one department of sanitation, one
tinguished Senator from Nebraska.
pose really only obscure these basic prob-
matters relating to the employees of State
post office system one apparatus for the
the "general welfare" clause can, in our opin-
tions in the public sector-in the Federal
The PRESIDING OFFICER. Without
lems-each of which threatens both in-
and local governments are within the sole
collection of revenue and the disbursing of
ion, serve as legitimate constitutional basis
jurisdiction of these units and are not prop-
Government. as well as every State,
objection, it is so ordered.
public funds.
dividual and government sovereignty.
for this kind of drastic infringement upon
erly the subject of federal legislation.
county and borough across the country.
If the people employed in such a monopoly
Mr. CURTIS. I thank my distinguished
Mr. President, there are very few
the basic authority of the States and locali-
ties as governments in a federal system.
They will undoubtedly attempt to sell
are subject to the will of officers in a union,
friend.
among us, I think who would argue with
The National Governors' Conference, in
adopting this statement, takes position on
these proposals to us in the name of lib-
in some emergency the authority of govern-
The PRESIDING OFFICER. The
these other points made here today:
Mr. President, it is germane to observe
the principle of collective bargaining for
erty and worker rights.
ment might be defied successfully by the
Chair might inform the Senator from
That strikes against the government
men who dominate the union.
that agencies of the Federal Government
public employees but states its firm commit-
They will discuss the right to join a
North Carolina that the quorum call was
cannot be tolerated by a free society.
are not yet obligated by law to engage in
ment to the view that this is an area which
union-and it must be noted here that
Then he warned, even the most essen-
taken from his time of 15 minutes.
That government must-by defini-
bargaining with their employees. Under
should be left to the discretion of the several
that is a right already protected by the
tial public services, including the ordi-
Mr. HELMS. Very well.
tion-be responsive to and fully account-
the prevailing circumstances, imposition
States.
U.S. Constitution-and various other
nary enforcement of law and keeping of
The PRESIDING OFFICER. The Sen-
able to the people at all times.
by the Congress of such an obligation on
Mr. President, I know it has become
claimed rights, such as the "right" of
the peace-
ator from Nebraska.
That the only true function of gov-
the States and their political subdivi-
unfashionable in this body to suggest
Government employees to strike against
Would depend upon the mood and the am-
Mr. CURTIS. Mr. President, I wish to
ernment is the preservation of liberty.
sions would be anomalous-not to say
that there are any constitutional limita-
their Government.
bitions of the people controlling the union.
join with the distinguished Senator from
And that pubic sector employees are
gratuitous.
tions remaining to Federal action. The
But they will ignore other rights,
The real government might be the union
Utah and others in calling attention to
indeed different from their counterparts
courts have cooperated in a gradual ex-
rights which may not seem too import-
itself.
The failure or refusal of the Congress
the Senate the problems involved in these
in industry, both in terms of the rights
to apply a labor relations law to its own
pansion of the commerce clause, so that
ant to them, but which in one way or an-
Harsh words, but not unrealistic if we
efforts for unionization of Government
and privileges they enjoy and the na-
agencies and departments and their em-
it bears no conceivable relationship to
other affect all of us. While it is true that
fall into the trap of granting to public
employees at all levels of Government.
ture of their noncompetitive employ-
Within the last day or two, there was
ment.
ployees was not overlooked by the Ad-
what our founders intended, and the
each person has a different focus and
sector union officials monopoly control of
visory Commission on Intergovernmental
same thing has been said about the gen-
perspective on his own and the Nation's
the public sector workforce through the
an account that appeared in the Wash-
I believe that there is a viable solution
Relations. Its report concluded:
eral welfare clause. And although each
needs, there are some insights common
concession of monopoly representation
ington Star concerning what has hap-
without passing Federal laws. We can
In the absence of overwhelming evidence
one of us is sworn to defend the Consti-
to all. Everyone will agree that the pro-
privileges and compulsory union shop
pened in the State of Illinois.
preserve government sovereignty and in-
of the unwillingness or inability of State and
tution, I believe we ought to remind
tection of his freedom is basic to all other
taxing powers, coupled with the right to
I believe in the right of people to join
dividual freedom in the public sector
local governments to act, the Federal Gov-
ourselves once in a while as to what is
propositions. Most people see that the
strike in those unions.
the union, I do not think that should be
without being unrealistic, and certainly
ernment should refrain from preemptive ac-
in the Constitution.
best way to protect their own freedom is
If we grant them monopoly status, we
interfered with. I do not believe in the
without being "unfair" to public em-
tion. Such evidence clearly is lacking at
The PRESIDING OFFICER. The time
to insist on the protection of freedom for
have, as Dr. Kirk has eloquently pointed
principle of compulsory unionism either
ployees.
present. States and localities have developed
of the Senator from New York has ex-
others.
and are developing their own response to the
out, in effect, created a system of dual
by coercion or by a matter of law.
In fact. in mv State of North Carolina
challenge of employee militancy, especially
pired. Under the previous order, the Sen-
For many, the most precious freedom
governments-on legitimate, appointed
I also wish to point out that there are
we have devised and implemented a vi-
teacher militancy. Given the nature of this
ator from Idaho (Mr. MCCLURE) is
by the authority of the people, and the
certain essential services of Government
able solution at the State level. All pub-
of those guaranteed by the Constitution
challenge, experimentation and flexibility are
recognized.
other a de facto government, account-
which by their very nature call for re-
lic-sector collective bargaining is pro-
is that of religion. They insist that with-
needed, not a standardized, Federal, pre-
Mr. McCLURE. Mr. President, let me
out it any adherence to freedom in other
able to no one except possibly the politi-
straint.
hibited in the State of North Carolina.
emptive approach
begin by expressing my commendation
cal system it feeds on.
So, whatever might be our attitude
We recognize that all public employ-
forms is folly. Representatives of several
The Federal Government clearly has an in-
to those who have already spoken,
religious groups have come to me ex-
The citizen taxpayer, subject to abuse
toward strikes involving nongovernmen-
ees-and all Americans-are protected in
terest in the development of stable and
particularly to the freshman Senator
by both governments, could exercise
tal activities, I am of the opinion that it
their right to join lawful employee asso-
plaining that compulsory unionism
equitable labor-management relations at the
from Utah (Mr. GARN) the former mayor
some control over the one, but would be
is not according to sound public policy
ciations by the first amendment.
other levels. This interest can be best served,
would force them to violate their relig-
of the great city of Salt Lake City, and
virtually powerless to control the
that these Government unions should be
ious convictions. Because of this I offered
We have rejected, however. the notion
however, by avoiding actions that would ex-
to the Senator from South Carolina (Mr.
an amendment to the 1970 Postal Reor-
monopoly of the other.
allowed to strike.
that governments should be duty bound
acerbate these relations and by focusing on
ways and means of directly encouraging the
THURMOND) for his comments, and also
ganization Act providing that:
As union officials gain a bigger and
We will be faced with this problem in
to recognize and bargain with these asso-
establishment of strong, innovative person-
to commend the additional comments by
mightier foothold, and are able to exer-
reference to the postal service before
No individual who is a member of a relig-
ciations. Experience has taught us that
nel systems.
the Senators from Arizona, Wyoming,
cise more control over the selected gov-
long and I think it is important that we
ious sect or division thereof, the established
the one thing which gives growth and
and New York, who have just concluded.
and traditional tenets or teachings of which
ernment, we could be faced with the
look at all of the problems involved and
strength and pressuring power to a union
The Commission, whose members rep-
Mr. President, the nature of our dis-
oppose a requirement that a member of such
actual day-to-day operation of vital gov-
not permit this to further deteriorate a
is to recognize that union, treat with it
resent the public and the executive and
cussion here today brings to mind an
sect or division join or financially support
ernment services at the whimsy of a
very poorly administered and run postal
and enter into exclusive agreements with
legislative branches of Federal, State and
enduring observation by the 17th cen-
any labor organization as a condition of em-
union bureaucracy.
service.
it. Each such agreement is a prelude to
local governments, is a respected and
ployment, if such individual pays to the
Government is unique. Its function is
In saying that, I want to set the rec-
tury philosopher, Baruch Spinoza, on
successive negotiations, accommoda-
permanent bipartisan body. Among its
Treasurer of the United States sum equal
to serve the cause of liberty. We cannot
ord straight, I am sure that there are
the role of government in a free society:
tions, and agreements until the union
members who fashioned the 1970 report
to the initiation fees and periodic dues uni-
on employer-employee relations in the
The object of government is not to
formly required as a condition of acquiring
have liberty and compulsory monopoly
just countless honest and dedicated
grows to become uncontrolled and un-
change men from rational beings into beasts
and retaining membership in a labor orga-
unions in control of the public service
postal workers. Yet there is something
controllable.
public sector were Senator MUSKIE of
or puppets, but to enable them to develop
nization which is representative of the em-
workforce, coupled with the right to
wrong somewhere. Our Postal Service
Now, Mr. President, the North Caro-
Maine, former Senator Ervin of North
their minds and bodies in security, and to
ployee unless said individual and said labor
strike. The measure of any proposition
continues to deteriorate.
lina General Statutes, section 95-98
Carolina, the late Senator Karl E. Mundt
employ their reason unshackled
in
fact,
organization mutually agree upon some
must be its impact upon a free people.
I want to again commend the distin-
reads as follows:
of South Dakota, Congressman ULLMAN
the true aim of government is liberty.
other condition of employment.
It would be ironic if we were to move
guished Senator from Utah for taking
of Oregon, Congressman FOUNTAIN of
North Carolina, and the former Con-
This amendment was accepted by the
into the bicentennial period by inaugu-
the lead in promoting thought on this
Contracts between units of government
This philosophy quickly found its way
and labor unions, trade unions or labor orga-
into our own national law and discourse.
House Committee on Post Office and
rating a program so alien to all that our
important subject.
nizations concerning public employees de-
gresswoman from New Jersey, Mrs. Flor-
Founding Fathers fought for.
I thank my distinguished friend from
It is not a long step from Spinoza's
Civil Service. Although the section to
clared to be illegal.-Any agreement, or con-
ence P. Dwyer.
Mr. President, I yield back the remain-
North Carolina.
Mr. President, I appeal to my col-
ideal government to the Declaration of
which it was amended was ultimately
tract, between the governing authority of any
removed from the bill for very different
der of my time.
I yield back the remainder of my time.
city, town, county, or other municipality, or
leagues to heed the Commission's recom-
Independence, in which the Founding
reasons, Congress made it clear that it
The PRESIDING OFFICER. Under
NORTH CAROLINA'S SOLUTION
between any agency, unit, or instrumen-
mendation. We are bound by our oaths
Fathers wrote:
did not intend to undermine religious be-
the previous order, the Senator from
tality thereof, or between any agency, instru-
Mr. HELMS. Mr. President, we have
to reject all legislation designed to com-
That all men are created equal, that
liefs. It seems to me that those people
North Carolina (Mr. HELMS) is recog-
mentality, or institution of the State of
pel the States and localities to bargain
they are endowed by their Creator with cer-
just heard it from our colleagues-about
North Carolina, and any labor union, trade
who profess to believe in the separation
nized.
with labor unions purporting to repre-
tain unalienable Rights, that among these
the threat to the basic political institu-
union, or labor organization, as bargaining
sent their employees.
are Life, Liberty, and the Pursuit of Hap-
of church and state ought to be in the
Mr. MANSFIELD. Mr. President, I
tions of the country posed by the com-
agent for any public employees of such city,
piness-That to secure these Rights, Gov-
forefront of this fight to prevent an in-
suggest the absence of a quorum on the
pulsory public-sector bargaining pro-
town, county or other municipality, or
I might add, Mr. President, that only
ernments are instituted among Men, deriving
cursion by the state into what is for
time of the Senator from North Carolina.
posals being offered for our considera-
agency or instrumentality of government, is
2 weeks ago, at the National Governors'
their just Powers from the Consent of the
some a religious matter. This will give
The PRESIDING OFFICER. The clerk
tion.
hereby declared illegal, unlawful, void and
Conference, the Committee on Executive
Governed.
will call the roll.
of no effect.
those people a chance to show that what
We have discussed here today, in par-
Management and Fiscal Affairs adopted
Our society, our Constitution, and
they really believe in is a separation of
The assistant legislative clerk pro-
ticular what compulsory public sector
Mr. President, this North Carolina
the following resolution, which I shall
supposedly every law and statute enacted
church and state-not a separation of
ceeded to call the roll.
bargaining on all levels of Government
statute is a good law. It has successfully
read in its entirety. It is headed "Public
by Congress in the past 200 years is built
church and people.
Mr. McCLURE. Mr. President, I ask
by Federal legislators would mean.
restrained the growth of public sector
S 3190
CONGRESSIONAL RECORD
March 6, 1975
March 6, 1975
CONGRESSIONAL
S
union power in North Carolina. Yet it has
working and value, and I ask unanimous
In the instant case, plaintiffs request in-
consent that the decision be printed in
junctive and declaratory relief against the
ter into contracts with them. The Constitu-
The State, as a matter of public policy, has
subjects of bargaining are, i.e., wha
not led to continuous struggles with
statute on the grounds that it operates to
tion does not mandate that anyone, either
chosen not to enter into enforceable con-
sions the employer must share with
public employee disputes and conflict.
the RECORD.
violate their rights of freedom of associ-
There being no objection, the decision
the government or private parties, be com-
tracts with public employee organizations.
ployees. The principal question in the
And the statute has withstood challenges
ation guaranteed by the First Amendment
pelled to talk to or contract with an orga-
That policy decision cannot be regarded
sector is what the permissible subject
in the courts.
was ordered to be printed in the RECORD,
of the United States Constitution and of
nization. What Judge Craven wrote in Atkins,
lightly, or as merely the result of anti-union
bargaining are, i.e., what decisions
In a September 1974 decision the U.S.
as follows:
equal protection and due process guaranteed
supra, at 1077, is controlling and bears re-
animus. The decision of whether to permit
made through the specially structur
District Court for the middle district of
[No. C-286-WS-72]
by the Fourteenth Amendment. Jurisdiction
peating:
public employees to engage in collective bar-
litical process."
North Carolina held constitutional this
IN THE U.S. DISTRICT COURT FOR THE MIDDLE
is premised upon 28 U.S.C. §§ 2201 and 1343
"We find nothing unconstitutional in G.S.
gaining with the government involves far
Viewed in this context, plaintiffs
DISTRICT OF NORTH CAROLINA, WINSTON-
and 42 U.S.C. $ 1983. A three-judge court
North Carolina law which declares in-
$ 95-98. It simply voids contracts between
greater interests than the mere right to as-
ported right to associate via collective
has been properly convened pursuant to 28
units of government within North Carolina
sociation claimed by the plaintiffs here. Pro-
valid any contracts between a sovereign
SALEM DIVISION
gaining must compete with equally,
U.S.C. §§ 2281 and 2284.
and labor unions and expresses the public
fessor Sylvester Petro in "Sovereignty and
more, important rights belonging
government and a union in that State.
Winston-Salem/Forsyth County Unit of the
Plaintiff Winston-Salem/Forsyth County
policy of North Carolina to be against such
Compulsory Public-Professor Bargaining,' 10
citizenry.
The court said, that-
North Carolina Association of Educators,
Unit of the North Carolina Association of
collective barganing contracts. There is noth-
Wake Forest Law Review 25 (1974), ably and
The actual decision of how to acc
To the extent that public employees gain
an unincorported association, and Jac-
Educators is an unincorporated labor asso-
ing in the United States Constitution which
thoroughly discusses the case against the
date public employees in the decision
power through recognition and collective bar-
queline A. Ballentine, individually and on
ciation representing professional employees,
entitles one to have a contract with another
recognition of public employee labor orga-
ing process without denying the ri
behalf of other similarly situated teachers
gaining, other interest groups with a right
including teachers and administrators. The
who does not want it. It is but a step further
nizations and bargaining with them. Even
association others is a legislative
in the Winston-Salem/Forsyth County
to a voice in the running of the government
individual plaintiff is a teacher in Forsyth
to hold that the state may lawfully forbid
in an article more sympathetic to plaintiffs'
sion.4 Both legally and logically tha
may be left out of vital political decisions.
School System, Plaintiffs, v. A. Craig Phil-
County and member of the association. She
such contracts with its instrumentalities.
position, Professor Summers discusses seri-
sion is the prerogative of the legis
Thus, the granting of collective bargain-
lips, State Superintendent of Public In-
wishes to represent- all teachers in the
The solution, if there be one, from the view-
ous problems which cannot be avoided if col-
which is much better suited to make
ing rights to public employees involves im-
struction; Frank Crane, Commissioner of
Winston-Salem/Forsyth County School Sys-
point of the firemen, is that labor unions
lective bargaining problems which cannot be
are the federal courts, whose many
Labor the State of North Carolina; Rob-
tem. The defendants are State officials, the
portant matters fundamental to our demo-
may someday persuade state government of
avoided if collective bargaining is permitted.
cannot, under our system of gover
cratic form of government. The setting of
ert B. Morgan, Attorney General of the
Winston-Salem/Forsyth County School
the asserted value of collective bargaining
See Summers, "Public Employee Bargaining:
include those of legislation. In North
State of North Carolina; and John C. Kiger,
goals and making policy decisions are rights
Board, the Forsyth County Board of Com-
agreements, but this is political matter and
A Political Perspective,' 83 Yale Law Journal
lina, the legislature has decided to
inuring to each citizen. All citizens have the
Omeda Brewer, Eunice Burge, Richard
missioners, and the County of Forsyth.
does not yield to judicial solution. The right
1156 (1974) There the author views collec-
the competing interests by voiding
right to associate in groups to advocate their
Janeway, Mary Lauerman, William F.
The discontinuation of a salary supple-
to collective bargaining agreement, so firm-
tive bargaining by public employees as part
tracts between the state and public en
special interests to the government. It is
Maready, Alan R. Perry, Carol G. Thomp-
ment plan in 1972 supplied the irritant
ly entrenched in American labor-manage-
of the political decision-making process. As
labor organizations.
something entirely different to grant any one
son, As Members of the Winston-Salem/
which caused plaintiffs to bring this action.
ment relations, rests upon national legisla-
such it cannot fairly compared with col-
Plaintiffs also urge that N.C.G.S. 95-
interest group special status and access to
Forsyth County School Board, and the
In 1967, the school officials proposed the plan
tion and not upon the federal Constitution.
lective bargaining in the private sector.
lates equal protection and due proce
Winston-Salem/Forsyth County School
whereby the teachers in the Winston-Salem/
The State is within the powers reserved to it
While he sees collective bargaining in the
disagree. While an unwarranted or u
the decision-making process.
Board, and David W. Darr, Henry L. Crotts,
Forsyth County school district would receive
to refuse to enter into such agreements and
public sector as giving the public employees
fied interference with a First Amen
Simply put, the court made a very
G. P. Swisher, Dr. W. L. Thompson, Jr., and
a portion of a school tax as part of their
so to declare by statute."
a chance to give unity, clarity, and persua-
right may also be a violation of a Four
affirmative statement of the rights of all
Leonard Warner as Members of the For-
salary supplement. Since the supplement was
The other cases considering the problem
sion in discussing their views with a govern-
Amendment right, McLaughlin v. T
citizens and groups of citizens to have
syth County Board of Commissioners, and
tied to a county tax, it would increase along
raised here have likewise rejected plaintiffs'
mental body, he also notes that, at present,
398 F.2d 287 (7th Cir. 1968); Shelton v
with the tax base of the county. The school
permitting public employee collective bar-
equal access to their own Government.
the County of Forsyth, Defendants
argument. Newport News F.F.A. Loc. 794 V.
er. 364 U.S. 479, 81 S.Ct. 247, 5 L.Ed
Before Craven, Circuit Judge, Gordon,
board approved the plan. In 1972, the County
City of Newport News, Va., 339 F. Supp. 13
gaining might well over-shift the balance
While the North Carolina law puts a
(1960), we have concluded that the
Chief Judge, and Ward, District Judge.
Commissioners terminated the plan when
(E.D. Va. 1972); Hanover Tp. Fed. of Teach.
of power because of the inability, in some in-
in question does not violate plaintiffs
statutory prohibition on recognition and
Argued July 12, 1974, decided Septem-
they adopted the final budget for the county.
L. 1954 V. Hanover Com. Sch. Corp., 457 F.2d
stances, of present governmental structure
of freedom of association under the
contract-making, it does not preclude
ber 17, 1974.
Plaintiffs admit that no one source can be
456 (7th Cir. 1972). While the First Amend-
to effectively deal with a collective bargain-
Amendment. From our previous discus
representatives of employee associations
William G. Pfefferkorn of Winston-Salem,
blamed for the discontinuation of the plan.
ment may protect the right of plaintiffs to
ing situation. Moreover, to the extent that
follows, and we so hold, that plaintiffs
from petitioning their government over
North Carolina, for the plaintiff.
They say that the determination of local
associate and advocate, not all of their as-
the public employees gain power through
teenth Amendment rights are not viol
conditions in the workplace. What it does
Edwin M. Speas, Jr., Assistant Attorney
school salaries results from input by the
sociational activities have the protection of
recognition and collective bargaining, other
Plaintiff's request for injunctive
General, North Carolina Department of Jus-
State Board of Education and the local units
that amendment. The State is not required
interest groups with a right to a voice in
preclude is government granting monop-
claratory relief is, therefore, denied.
oly status to a particular union, trading
tice, Raleigh, North Carolina, for defendants
composed of the school board and county
to provide plaintiffs with a special forum in
the running of the government may be left
A. Craig Phillips, Frank Crane, and Robert
commissioners. Plaintiffs suggest that one of
out of vital political decisions. Thus the
[No. C-286-WS-72]
order to advocate their views. It is under no
away its own sovereignty, and depriving
B. Morgan; William F. Womble, Jr., of Wom-
the reasons for the termination of the salary
duty to provide a "guarantee that a speech
granting of collective bargaining rights to
IN THE U.S. DISTRICT COURT FOR THE
individual workers of their precious lib-
ble, Carlyle, Sandridge & Rice, Winston-
supplement was the discovery of the statute,
will persuade or that advocacy will be ef-
public employees involves important matters
DISTRICT OF NORTH CAROLINA, WI
erty to deal with their own government.
Salem, North Carolina, for Winston-Salem/
N.C.G.S. 95-98, by the governmental officials
fective." Hanover Tp. Fed. of Teach. L. 1954
fundamental to our democratic form of gov-
SALEM DIVISION
A strict nonrecognition policy, such as
Forsyth County School Board; and P. Eu-
between 1967 and 1969. Plaintiffs claim that
V. Hanover Com. Sch. Corp., supra, at 461.
ernment. The setting of goals and making
Winston-Salem/Forsyth County Unit
exists in North Carolina, would prevent
gene Price, Jr., County Attorney, Winston-
upon this discovery, the school officials be-
Plaintiffs' reliance on Healy v. James, 408
policy decisions are rights inuring to each
North Carolina Association of Edu
any compromise of necessary government
Salem, North Carolina, for Forsyth County
came increasingly intransigent in their dis-
U.E. 169, 92 S.Ct. 2338, 33 L.Ed.2d 266 (1972),
citizen. All citizens have the right to associ-
An Unincorporated Association, an
Board of Commissioners, and the County of
cussions with the teachers' association. They
in support of the request for reconsideration
ate in groups in order to advocate their spe-
queline A. Ballentine, Individually
sovereignty. Second, as the court found last Sep-
would like to blame a drop in their mem-
Forsyth.
of Atkins is misplaced. Healy concerned a col-
cial interests to the government. It is some-
Behalf of Other Similarly Situated
bership to their claimed growing ineffective-
lege's denial of recognition to a student
thing entirely different to grant any one
ers in the Winston-Salem/Forsyth
tember, it would keep the channels of
OPINION OF THE COURT
ness in discussions with the school officials
group. The Court held that the nonrecogni-
interest group special status and access to
School System, Plaintiffs, V. A. Crai
redress open to all employees-not just
Ward, District Judge:
after the purported discovery of N.C.G.S. 95-
tion abridged the student group's First
the decision-making process. As Professor
lips, State Superintendent of Pub
to a monopoly bargaining organization.
This case presents a renewed attack on
98.
Summers notes at 1193-94:
Amendment rights. The college had denied
struction; Frank Crane, Commissio
Third, it would allow government ad-
North Carolina General Statute 95-98 which
In this case, there never was a signed con-
group a formal meeting place, and the
"In the private sector the parties may
Labor for the State of North
ministrators to create and conduct re-
provides that contracts between state gov-
tract between the teachers' organization and
use of college bulletin boards and the col-
agree at the bargaining table to expand the
Robert B. Morgan, Attorney General
ernmental units and public employee labor
the school board. Defendants suggest that
sponsible, humane, and effective public
lege newspaper. Significantly, it had granted
subjects of bargaining, but a public em-
State of North Carolina; and John
organizations shall be void.¹ Previously, in
plaintiffs lack standing because there is no
those rights to other student groups. The
ployee union and a public official do not have
ger, Omeda Brewer, Eunice Burge,
employee personnel policies-a responsi-
Atkins v. City of Charlotte, 296 F. Supp.
contract which is rendered void by N.C.G.S.
court noted that "the group's possible ability
the same freedom to agree that certain de-
Janeway, Mary Lauerman, William
bility which, when subject to adversary
1068 (W.D.N.C. 1969), a three-judge court
95-98. We agree that the plantiffs never
to exist outside the campus community does
cisions should be removed from the ordinary
ready, Alan R. Perry, Carol G. Tho
collective bargaining, is less imaginative,
upheld the constitutionality of that statute
had a contract or agreement with the school.
political processes and be decided by them
As Members of the Winston-Salem/
However, we read that fact as the basis of
not ameliorate significantly the disabilities
and less progressive.
while declaring related sections to be uncon-
imposed by the President's action." (408 U.S.
in a special forum. The private employer's
County School Board, and the W:
The attention of government admin-
stitutional.²
their complaint. They say that the school
at 183, 33 LdEd.2d at 280). Thus the restric-
prerogatives are his to share as he seet fit,
Salem/Forsyth County School Boar
refuses to enter into a contract with them,
istrators would thereby be focused-as it
N.C.G.S. 95-98 reads as follows:
tion in Healy, supra, directly affected the stu-
but the citizen's right to participate in gov-
or even engage in meaningful discussion, be-
should be-on dealing effectively. with
"Contracts between units of government
dent group's right of advocacy and ability to
ernmental decisions cannot be bargained
cause of the statute. Viewed in this light,
away by any public official.
The Tenth Amendment of the
the employees and their interests, rather
and labor unions, trade unions or labor or-
organize in a situation where the college had
the question before this court is not moot
granted those rights to other groups. In the
"In legal terms the principal question in
States Constitution reserves to the
than dealing with the union and its
ganizations concerning public employees de-
and plaintiffs have standing to litigate. the
those powers not delegated to the
present case the statute we are concerned
the private sector is what the mandatory
clared to be illegal.-Any agreement, or con-
issue.
government. The Amendment is a cl
interests.
Among the most important considera-
tract, between the governing authority of
with does not differentiate between public
Plaintiffs allege that the statute is un-
employee labor associations, nor does it re-
concerning whether a school could penalize
pression of the desire that the states
any city, town, county, or other municipal-
constitutional because of the detrimental
strict in any material way the ability to
a teacher who merely believed that teachers
retain their sovereignty within our
tions, however, is the fact that nonrec-
ity, or between any agency, unit, or instru-
effect it has on their ability to associate in a
should ge given the right to strike. It said
form of government. The decision
ognition would prevent the abuses of
organize.
mentality thereof, or between any agency,
labor organization. They contend the statute
at 434:
State of North Carolina to void
human liberty which has been created by
instrumentality, or institution of the State
renders nugatory their right to associate
In Healy, supra, the college's action ma-
"Whatever else may be said about the case,
between public employee organizatio
the National Labor Relations Act's "ex-
of North Carolina, and any labor union, trade
since it voids any contract obtained by the
terially and discriminatorily affected the stu-
it dealt with the question whether a public
governmental units is a matter entru
clusive recognition" and compulsory
union, or labor organization, as bargaining
association. Thus, they say, it becomes fruit-
dent group's right to speak and advocate.
body is under a constitutional duty, apart
the state's sovereign discretion. See
unionism policies.
agent for any public employees of such city,
less for the organization to discuss matters
Here the statute has no such effect. All that
from statute, to bargain collectively with the
supra, as quoted above. It cannot be
it does is to render void contracts between
town, county or other municipality, or agency
with the school, and the individual teachers
labor representative of its employees. There
sized enough that in speaking of a
The North Carolina experience seems
or instrumentality of government, is hereby
in turn become disenchanted with their or-
the labor association and the State. As stated
was no occasion to consider in that case, and
sovereignty, the term means more tha
to be a good place to start. It shows that
declared to be against the public policy of
previously, the First Amendment does not
ganization.
the court did not consider, the problem of
rogatives belonging to some inanima
the States can handle the problem on
the State, illegal, unlawful, void and of no
Accepting those consequences as true, we
guarantee that an organization's advocacy
this case, that is, whether a public body may
ject, rather it signifies the right of th
their own without Federal intervention. I
effect."
cannot accept the premise that plaintiffs'
will be effective; it only protects the right to
interfere with its employees' freedoms to
ple of a state to govern themselves
commend this law to my colleagues as
The statutes declared unconstitutional in
alleged right of association requires that
speak.³
think and to speak-which from the begin-
the form of government of their ch
the way to go in the States which they
Atkins, supra, were N.C.G.S. 95-97, which
state governmental units negotiate and en-
ning of time have been recognized as wholly
Therefore, since the prospect of publ
prohibited fire fighting employees of a gov-
In Aurora Ed. Ass'n E. v. Board of Ed.,
different from the freedom to associate and to
ployee collective bargaining impinges
represent.
ernmental unit from becoming members of
bargaining as one of its purposes, and
Etc., Kane County, Ill., 490 F.2d 431 (7th
seek to use the strength which comes from
those rights, it truly is important th
Mr. President, the decision of the U.S.
or from assisting a labor organization which
N.C.G.S. 95-99, which provided a criminal
Cir. 1973), the court distinguished Hanover
union in assembly and action. See Wyzanski,
legislature, elected by the people, det
district court on the North Carolina
was affiliated with a national or interna-
penalty for violation of the related sections
Tp. Fed. of Teach L. 1954 Hanover Com.
"The Open Window and the Open Door," 35
whether to permit such collective ba
law, provides further insights into its
tionl labor organization that had collective
of the chapter.
Sch. Corp., supra, from the issue before it
Cal.L.Rev. 336 (1947)."
ing, and if so; on what terms.
S 3192
CONGRESSIONAL RECORD-SENATE
March 6, 1975
David W. Darr, Henry L. Crotts, G. P.
economy, and the Arab boycott lists are
practice of commerce as it has flourished in
Swisher, Dr. W. L. Thompson, Jr., and
now backed up with massive economic
this country";
Leonard Warner as Members of the For-
leverage. So it is an entirely new situa-
Whereas the Export Administration Act of
syth County Board of Commissioners, and
1969 declares "it is the policy of the United
tion, Mr. President, and I do not think
the County of Forsyth, Defendants
States to oppose restrictive trade prac-
we can afford to silently acquiesce to
tices or boycotts fostered or imposed by for-
ORDER
these discriminatory tactics.
eign countries against other countries
For the reasons set forth in an Opinion of
I was gratified by President Ford's
friendly to the United States
and
the Court entered contemporaneously here-
strong reaction to this situation last
Whereas acquiescence, by individuals, in-
with,
It is ordered that the relief requested by
week, and I commend him for it. But I
stitutions, or nations, to such discrimi.iation
the plaintiffs in the prayer for relief be and
think we in the Senate also have a re-
undermines international commerce and the
fundamental rights of every American citi-
the same hereby is denied, and the action is
sponsibility to face this issue, and to put
zen: Now, therefore, be it
dismissed.
the world on notice that the full force of
Resolved, That it is the sense of the Senate
For the Court:
this Government's influence will be used
that-
HIRAM H. WARD,
to unter discriminatory demands. If
(1) Discrimination in international com-
U.S. District Judge.
accept these economic strong-arm
merce against individuals or institutions on
SEPTEMBER 17, 1974.
tactics today, I predict we will face an
religious, racial, or ethnic grounds must not
The PRESIDING OFFICER. Under th
uglier choice next month or next year-
be tolerated, and all Americans are urged not
and the stakes wil be higher then.
to cooperate in any way with such discrim-
previous order, the Senator from Pain-
inatory practices.
sylvania (Mr. SCHWEIKER) is
The Senate can make two responses to
(2) Every individual or institution ap-
for not to exceed 15 minutes.
blacklisting tactics, Mr. President: We
proached to participate in any such discrim-
can condemn these tactics uncondition-
inatory practice shoud be required to make
ally and urge individuals and institu-
a full report of such action to the appro-
SENATE RESOLUTION 100-SUB-
tions to resist them, and we can prepare
priate agency of the United States Govern-
MISSION OF A RESOLUTION RE-
detailed legislative countermeasures.
ment. which should make this information a
LATING TO DISCRIMINATION IN
The resolution we introduce today ac-
matter of public record.
INTERNATIONAL COMMERCE
(3) Appropriate agencies of the United
complishes the former objective, and I
States Government should discourage such
(Referred to the Committee on Com-
hope the Senate moves promptly to con-
discriminatory practices and review all forms
merce.)
sider legislation in this area.
of Government support, subsidy, or assist-
Mr. SCHWEIKER. Mr. President, on
Today's resolution does not push us
ance to American companies which acquiesce
behalf of myself and Senator WILLIAMS,
into any precipitous action in the Mid-
in such discrimination.
dle East, and it allows sufficient flexibil-
(4) The United States Government should
and Senators ALLEN, BAYH, BEALL, BENT-
SEN, CASE, CLARK, CRANSTON, DOMENICI,
ity so current diplomatic efforts are not
examine its relationships with countries
which practice such discrimination, and the
FONG, GARN, PHILIP A. HART, HARTKE,
impeded.
President should advise the Congress as to
HUMPHREY, LEAHY, MATHIAS, McGEE, Mc-
But it also suggest very clearly cer-
any justification for continuing any foreign
GOVERN, MONDALE, Moss, MUSKIE, NEL-
tain legislative approaches which might
aid, sales of defense articles or services
SON, PACKWOOD, PROXMIRE, RIBICOFF,
be considered if these tactics continue.
(whether for cash or by credit, guarantee, or
ROTH, HUGH SCOTT, STAFFORD, STONE,
First, individual Americans-and Ameri-
any other means) or other assistance pro-
TUNNEY, and WEICKER, I submit today a
can institutions-must be encouraged to
grams for the benefit of any country prac-
say "no" to discriminatory demands. One
ticing such discrimination.
sense of the Senate resolution con-
SEC. 2. The Secretary of the Senate shall
demning blacklisting in international
way to accomplish this is to insure that
transmit a copy of this resolution to the
trade.
those who take discriminatory actions
President of the United States.
In recent weeks, it has become clear
to obtain approval from the blacklisters
that Arab investors are using their vast
immediately forfeit all U.S. Government
Mr. SCHWEIKER. Mr. President, I
economic leverage to dictate the ethnic
assistance from such agencies as the
yield 5 minutes of my time to the dis-
tinguished Senator from Florida (Mr.
composition of international business in-
Commerce Department, the Export-Im-
stitutions. Two of Britain's most pres-
port Bank and the Overseas Private In-
STONE), who is one of the sponsors of
tigious investment banking houses N M
vestment Corporation. This would give
my resolution.
Rothschild & Sons and
Co., were excluded fr
bond issue at the requ
Arab Foreign Bank ano
eign Trading, Contrac
ment Co. Lazard Frer
banking institution ass
ard of Manhattan, wa
$25 million bond issue
a company funded by F
Lebanon. And apparel
U.S. companies have I
the Arab boycott list,
have even tried to ne
off.
The' standard apolo
ing are that companie
cannot be denied the I
who they will do bu
anyway, the Arabs h:
boycott list for years. ]
ourselves, Mr. Presider
For additional copies and information write:
not simply a business
THE NATIONAL RIGHT TO WORK COMMITTEE
more. It is now an
weapon, deployed to (
8316 Arlington Boulevard
composition of inter
FAIRFAX, VIRGINIA 22030
firms.
And while the Arabs
taining boycott lists fc
countries were never a
ket-until the oil mone
denly the Arab countr
as the only flourishing
M02, M03, M07, M08, Mll, M13, M14, K01, K02, K03
FEDERAL TIMES
May 28, 1975
GRAPEVINE
RELUCTANT CREDIT -The
National Right to Work Committee,
which apparently is responsible for
launching a massive letter writing
campaign; is being given credit by
some unio: officials for aborting a
legislative drive to launch the agency
shop in the U.S. Postal Service.
The bill was a major objective of
the American Postal Workers Union
and several of the other exclusive
unions that dominate the postal work
force.
Unlike right-to-strike legislation,
the measure never left Rep. Charles
H. Wilson's postal facilities, mail and
labor-management subcommittee.
And the betting is that for the next
several years anyway, the agency
shop will remain a dead issue.
Right to Work Committee Commended
"OUTSTANDING SERVICE TO THE NATION AND
TO THE CAUSE OF PERSONAL FREEDOM"
That's the way Congressman David Henderson (D-N.C.)
put it in a letter to the National Right to Work Committee
following the successful battle to preserve Right to Work
protection for the nation's 750,000 postal workers.
The North Carolinian and Rep. H. R. Gross (R-Iowa)
provided the key leadership in the House that resulted in
adoption of a Right to Work amendment to the postal reform
bill.
The year-and-a-half long struggle was successfully con-
cluded on August 12 when President Richard Nixon signed
the postal reform bill with its Right to Work provision. A
major stride toward this happy event took place on June 17
when the House of Representatives approved the Right to
Work amendment on a non-record 179-95 vote; after the
Senate rejected a Right to Work proposal, the House then
voted 225-159 on the record to instruct its conferees to keep
the ban against compulsory unionism in any compromise
bill reported back for final passage.
"There are many people and many organizations who as-
sisted us in this effort," said Henderson, "but I believe that
every single one of them would agree with me when I say that
without the work done by the National Right to Work Com-
mittee, it would have been impossible for us to win such an
impressive victory here in the House."
Congressman H. R. Gross said, "Without the unceasing
barrage of the National Right to Work Committee, there is
POSTAL REFORM RIGHT TO WORK VICTORY-Rep.
David N. Henderson (right) and H. R. Gross (center) go
little reason to believe that the principle of Right to Work
over language of their amendment protecting Right to Work
could have been inserted in postal reform legislation.
for postal workers with National Committee Executive Vice
And Senator Paul Fannin (R-Ariz.), leader in the battle
President Reed Larson. House had just acted favorably by
225-159 margin on the most crucial Right to Work vote taken
for voluntary unionism for postal workers in the upper
during entire postal reform battle.
chamber, added: "All postal employees owe the Right to
Work Committee a debt of gratitude for the Committee's
tireless efforts to preserve for them a freedom of choice."
Sen. Paul Fannin (R-Ariz.),
right, tells postal unionist
Vince Sombrotto that postal
reform bill, including pay
raises for employees, would
have passed 12 months earlier
if authorization for compul-
sory union shop had been re-
moved. National Committee
President S. D. "Duke" Cad-
wallader (center) accompa-
nied Sombrotto on visit to
present Sen. Fannin with sig-
natures of over 1,000 New
York City postal workers who
oppose compulsory unionism.
Special Supplement to August National RIGHT TO WORK Newsletter Published by the National Right to Work Committee.
August 26, 1970
From a Column
Syndicated Nationally to Over 125 Daily Newspapers
by King Features Syndicate
As Reported by Nation's Press
INDIANAPOLIS NEWS
SAN DIEGO UNION
July 24, 1970
July 24, 1970
Highlights of Drive for Postal Workers Right to Work
RALPH de TOLEDANO
WARNING-Reed Larson, Executive Vice Presi-
St. Louis Globe-Democrat and other Newhouse News
Right-to-Work David Fells
dent of the National Right to Work Committee charges
Service newspapers, April 8, 1970.
that the pending legislation would lead to compulsory
unionism for postal and federal workers. Testifying be-
CRUCIAL-"The National Right to Work Com-
Postal Unionism Goliath
fore the House Postal Operations subcommittee
mittee, which has followed the postal reorganization
Analysis
Washington Star, April 26, 1969.
movement carefully from the beginning, directs special
attention to the freedom of choice issue," From an
RECONSIDERATION ASKED - "The National
editorial, Wheeling Intelligencer, April 14, 1970.
The National Right to Work Committee,
Few expected it, and fewer
The Senate, drifting ever
know how it happened. But a
leftward, approved a postal
Right to Work Committee, more in sorrow than anger,
which threatened to make compulsory union
small organization with lim-
that the Nixon administration should seem to be in
PRICE TOO HIGH? - "The National Right to
membership an issue in current congressional re-
reform bill that would permit
ited resources the National
favor of compulsory unionism, has asked Blount to
Work Committee charges that the federal bill would
election campaigns, won a ban against negotia-
compulsory unionism in the
Right to Work Committee -
Post Office and establish a
reconsider," Federal reporter Joe Young, Washington
make state right to work laws inapplicable and that
tions of union shops.
was able to stop the combined
vicious principle which could
Meany intends to extend the implication
from
Star, July 11, 1969.
-From an ASSOCIATED PRESS News Feature,
power of the AFL-CIO, the
have compelled every civil
an editorial, San Diego Tribune, April 25, 1970.
August 3, 1970
Nixon administration, and
service employe to buy his job
CALLED THE SHOT - "The National Right to
much of the mass media. It
in the future from organized
was also able to rouse the
labor.
Work Committee has correctly called the shot on the
THREAT SEEN-"The bill, naturally, has brought
(Blount) proposal. It could lead to postal workers being
the National Right to Work Committee out fighting,"
POSTAL REFORM- "The National Right to Work
business community and its
The House passed a version
representatives out of the apa-
fired if they did not pay their union dues," From an
From an editorial, Lubbock Avalanche-Journal, April
of postal reform which elimi-
Committee has been doing a tremendous job in trying
thy and timidity which usually
editorial, Worcester Gazette, July 15, 1969.
27, 1970.
nated the compulsory union-
to prevent enslaving federal employees which would
seize them when confronted
ism clause in the Senate mea-
POSTAL LAW SNAG?-"The National Right to
result if this bill were passed in its present state," From
by labor-left muscle.
sure.
LED BY COMMITTEE "The fight against the
Work Committee has been fighting this proposal tooth
an editorial, Lincoln Herald (Lincoln Park, N.J.),
The story goes back to July
The real victory came when,
union shop is being led by the National Right to Work
of 1969 when Postmaster Gen-
by a 225-159 vote, the House
and nail," From an editorial, Cedar Rapids (Iowa)
June 20, 1970.
voted to instruct its conferees
Committee," Washington Star, February 2, 1970.
eral Blount, forgetting his
Gazette, April 30, 1970.
RIGHT TO WORK ADOPTED "The National
statement to the GOP plat-
that the right to work would
form committee in 1968 that
have to be included in the lan-
BATTLE JOINED-"The National Right to Work
JOKER IN POSTAL REFORM - "The National
Right to Work Committee was instrumental in muster-
"no free individual should
guage of the postal reform
Committee is mounting a major campaign on Capitol
Right to Work Committee, which opposes compulsory
ing House support for the Henderson amendment,"
ever be forced to join or give
bill.
Hill to blunt the drive for union shop contracts among
unionism, has called attention to the joker," From an
Wall Street Journal, June 18, 1970.
financial support to a union,"
But on Capitol Hill, mem-
the 14 million public employees," Federal reporter
editorial, Lewiston (Maine) Sun, May 1, 1970.
tried to get support for postal
bers of House and Senate
Mike Causey, Washington Post, March 12, 1970.
TRIUMPH - "The passage of H.R. 17070, the
reform by delivering the Post
knew that it had been the
House of Representatives bill on postal reform, marked
Office to George Meany and
FORMIDABLE- "The postal reorganization plan
Right-to-Work Committee's
LINING UP SUPPORT-"The National Right to
the triumph of the Right to Work movement
the AFL-CIO.
developed by the seven exclusive postal unions and the
David who had brought down
At a series of meetings at
Work Committee strongly opposes any union shop in
the AFL-CIO Goliath. For the
Nixon administration has found its strongest critic in
Federal Times, July 1, 1970.
the time, Mr. Blount tried to
foreseeable future at least, no
government and is lining up support for an amendment
the formidable National Right to Work Committee.
THEY KNEW-"On Capitol Hill, members of the
con opponents of compulsory
federal employe would have to
that will be offered
Washington Star, March 16,
The Committee has launched a nationwide letter writ-
House and Senate knew that it had been the Right to
unionism into overlooking a
pay tribute to a private organ-
1970.
clause in the reform bill that
ing campaign and a concerted effort to gain a favorable
Work Committee's David who had brought down the
ization in order to hold his job.
opened the door to the big
NOT REFORM WE NEED- Right to Work
shake from the editorial pages of the nation's press,"
AFL-CIO and the Administration Goliath," nationally
unions. This, Blount held, was
Committee is not given to making idle claims or far-
Federal Times, May 6, 1970.
syndicated columnist Ralph deToledano, July 24,
the only way to win the bless-
ings of Mr. Meany and the
fetched charges. Its reputation for accuracy and re-
1970.
CAMPAIGN BUILDS - "Fanned by a grass-roots
labor lobbyists.
sponsible leadership should be all the warning we
letter writing campaign generated by the National Right
CREDIT-"Much of the credit for retention of the
Compulsory unionism in the
need," From an editorial, Northern Virginia Daily
to Work Committee, opposition to the union shop pact
non-compulsory union feature of the legislation must
federal service, let it be noted,
(Strasburg, Va.), March 26, 1970.
was reported building up in the House," Jerome Cahill,
had been barred by President
go to the National Right to Work Committee. It took
Kennedy's executive order,
New York Daily News, May 23, 1970.
HOW NOW MR. BLOUNT?-"The vigilant Na-
on other far more powerful lobbies in Washington and
seconded by the Republican
tional Right to Work Committee charges that Postmas-
won," Jefferson City (Mo.) Post-Tribune, August 4,
party's platform pledge to
VIGOROUS OPPOSITION-"Vigorously opposing
1970.
ter General Blount has made a deal
"protect federal employes in
to
slip
com-
the bill as it now stands is the National Right to Work
the exercise of their right to
pulsory unionism over on the postal workers.
We
Committee, a privately endowed organization dedicated
SUCCESSFUL "The National Right to Work
join or to refrain
agree with the National Right to Work Committee that
to 'open shops' in the government," Federal reporter
Committee deserves full credit for its successful efforts
from joining" a union. But the
this would be dirty pool," From an editorial, New York
Ned Young, Baltimore News-American, June 3, 1970.
to preserve postal workers' Right to Work," Richmond
Postmaster General consid-
Daily News, April 1, 1970.
News Leader, August 5, 1970.
ered campaign promises
PREDICTION "What we are about to see is
merely scraps of paper.
AFL-CIO WILL FIGHT-"The National Right to
another chapter in the long struggle over compulsory
ACCOLADES-"With accolades being passed
He had made his deal with
Work Committee is cranking up a campaign to block
unionism. The National Right to Work Committee won
around in all directions, it should be noted that the
President Meany and he pro-
ceeded to sell it to the Senate
the union shop question from getting into the bargain-
the last battle in 1966
The odds seem to favor
National Right to Work Committee deserves consid-
and the House of Representa-
ing table under President Nixon's upcoming postal re-
another victory for the Committee this summer," From
erable credit for its efforts in preventing compulsory
tives.
organization plan. Both the AFL-CIO and the two
an editorial, Waco (Texas) Times-Herald, June 6,
unionism as part of the reform," Danville (Va.) Bee,
largest postal unions say they will fight the move
1970.
August 5, 1970.
Members of Congress on Right to Work
Many members of Congress-Republican and Democrat alike-spoke out clearly in favor of
maintaining Right to Work protection for the nation's 750,000 postal workers during debate over
the postal reform bill. Shown here are extracts from that debate and other public statements by
some of those Senators and Representatives. (Space limitations do not permit a complete listing.)
Rep. Chester Mize (R-Kans.)-
Sen. Ernest Hollings (D-S.C.)-
be free to join one if he wishes. At
"If we do not adopt the Henderson
"I have swallowed all I can take in
the same time, I think it would be
amendment, we might as well for-
the name of reform. I cannot de-
highly improper to force a man to
get postal reform."
stroy the fundamental of public
join a union."
Rep. Delbert Latta (R-Ohio)-
service and set in motion a concen-
"I will be forced to vote against the
tration of power beyond the pur-
Rep. William Scott (R-Va.)-
view of the public."
"I feel that in a democracy, such as
bill unless this compulsory union
we have, no employee should be
provision is stricken."
Sen. John Tower (R-Tex.)-"In
compelled to join any organization
Rep. William J. Scherle (R-Iowa)
the final analysis, the right of man-
against his will in order to retain
"Let me make it abundantly
agement and unions to contract
his Government employment."
clear that I cannot support any
should not override the natural
Rep. Thomas Kleppe (R-N.D.)
piece of legislation that could lead
right of a person to make a free and
-"As a matter of principle, I can-
to compulsory unionism in the pos-
uncoerced choice with respect to
not accept the view that compulsory
tal service."
the earning of a livelihood for him-
unionization is part of the price a
self and his family."
Sen. Cliff Hansen (R-Wyo.)-
Nation must pay to achieve the
"I submit that compulsory unionism
Sen. Sam J. Ervin, Jr. (D-N.C.)
broad objective of improved and
for Federal employees is not good
-"Mr. President, when I have to
more efficient service."
for Uncle Sam; nor is it good for
make a choice between tyranny-
Rep. John Ashbrook (R-Ohio)
any State, county, or city."
whether it is tyranny on the part of
-"My chief objection to the postal
Sen. James Pearson (R-Kans.)
the Government, tyranny on the
reform bill is the provision which
-"To change this time-honored
part of the unions, tyranny on the
paves the way to compulsory union-
procedure of allowing Government
part of big business, or tyranny on
ism by authorizing the negotiation
workers voluntarily to join a union,
the part of powerful political orga-
of a union shop contract."
or to refrain from joining a union,
nizations-and freedom, I take my
is not in the best interests of the
stand with freedom."
Rep. Ben B. Blackburn (R-Ga.)
-"Should any man or woman be
country as a whole, the Govern-
Sen. Roman Hruska (R-Nebr.)
forced to pay dues to any private
ment service, and, specifically, the
-"It would be a grave mistake in
organization as a prerequisite to
best interests of the postal workers
my opinion if in the process of
working for his or her Government?
themselves."
turning over control of this vast
I say without hesitation: No."
Rep. Graham Purcell (D-Tex.)
system, we also were responsible
-"For us to be in a position of
for bartering away the principle of
Rep. Wiley Mayne (R-Iowa)-
sanctioning compulsory action to
freedom for Federal workers."
"The right of each American to join
force these workers into a union
or not to join a union as he or she
Sen. Wallace Bennett (R-Utah)
would be highly inconsistent for a
sees fit is a very precious one which
-"The right to join a union is an
Government dedicated to protect
should be defended by every Mem-
important right, and should not be
ber of this House."
the freedom of its people."
abridged. But neither should the
Sen. Howard Baker (R-Tenn.)
right to refrain from joining a union
Rep. Clarence D. Long (D-Md.)
-"The idea that we must protect
be abridged."
-"I support the Henderson
the right of Federal employees to
amendment and congratulate the
join or refrain from joining a union
Rep. Bill Brock (R-Tenn.)-"
gentleman for his very constructive
is embedded in the fabric of the
am unalterably opposed to any pro-
legislative proposal."
House version. It is one of the as-
vision calling for compulsory union-
pects of it that commends it most
ism and feel that each federal em-
Rep. George Bush (R-Tex.)-
highly to me."
ployee deserves the right to make
"I do not want to see anything writ-
his own voluntary decision in this
ten into postal reform which would
Sen. John S. Cooper (R-Ky.)-
regard."
deprive postal workers of the right
"I may be too old fashioned, but I
to make a voluntary decision about
believe the loyalty of the employees
Rep. Laurence J. Burton (R-
union membership."
of the Government must first be to
Utah)-"I am strongly opposed to
No citizen
compulsory unionism, for postal
Rep. Edith Green (D-Oregon)
their Government.
workers or anyone else."
-"Inequality in bargaining power
should be required to be a member
inevitably will mean decisions that
of any organization to become an
Sen. Edward Gurney (R-Fla.)
will be passed on to an unprotected
employee of their own Govern-
-"I don't of course object to pos-
public. I urge the adoption of the
ment."
tal unions and I think a man should
Henderson amendment."
National Right To Work Committee
A COALITION OF EMPLOYEES AND EMPLOYERS
REED LARSON, Executive Vice President
May 16, 1975
The Honorable Gerald R. Ford
President of the United States
The White House
Washington, D. C.
Dear Mr. President:
Speaking for the two-thirds of the American people who oppose
compulsory unionism--and directly for the more than one hundred
thousand citizens who are active supporters of the National Right to
Work Committee--we must formally protest the unfortunate conduct
of Secretary of Labor John Dunlop and other labor department
officials.
These men, openly and in flagrant violation of their oaths to uphold
the laws and Constitution of the United States, are involved in an
immoral "boycott" of the new Department of Labor cafeteria--simply
because employees of the cafeteria are not members of a labor union.
Mr. President, we respectfully submit that it is the absolute and
inviolate right of these and all other wage earners in America to
join unions if they want, or to refrain from joining, if that is their
choice. The Secretary of Labor surely should recognize this fact.
Instead, Mr. President, he and other labor department officials
are "boycotting" the place of employment of these people--an act
of coercion that cannot be permitted by the Secretary of Labor rep-
resenting this, or any other, administration.
Mr. President, we are saddened by this display of animosity by
labor department officials against the very working people of America
they are supposed to represent.
WASHINGTON D.C. HEADQUARTERS: 8316 ARLINGTON BOULEVARD (U.S. 50) SUITE 600
FAIRFAX, VIRGINIA 22030
TEL. (703) 573-8550
"Americans must have the right but not be compelled to join labor unions"
The Honorable Gerald R. Ford
'May 16, 1975
page two
Most assuredly, Mr. President, Mr. Dunlop knows that better than
seventy-five per cent of the working population of this country, for
reasons of their own, have decided not to affiliate with labor organi- -
zations. If it is his policy not to represent these men and women--
and not to respect their rights--he should be replaced immediately
with someone who understands the principles of individual liberty
upon which our nation was founded. Mr. Dunlop is the Secretary of
Labor, not the Secretary of Labor Unions.
Again, Mr. President, we feel his reported behavior is unconscionable.
We have tried, without success, to get Mr. Dunlop to deny the accur-
acy of the news reports--but his press secretary, Mr. Richard
Lukstat, has refused to answer our repeated calls. Mr. Dunlop's
personal secretary, however, confirmed the report.
Please, Mr. President, either have Mr. Dunlop issue a public state-
ment correcting the record, or ask for his resignation.
Sincerely,
Reed Larson
RL:jes
CC: The Honorable John T. Dunlop
Intelligence, Inc.
WASHINGTON, D. C. 20001
front
Edit
Other
Puge
Page
Page
PHILADFLPHIA, PA.
INQUIRER
M - 427,251
S - 824,033
MAY 8 1975
Labor Dept. Cafeteria
Bypassed as Non-Union
By CLARK HOYT
added, "If my union friends are highly
Inquirer Washington Bureau
incensed about it, my reaction is to
WASHINGTON-Some employes and
tell 'em to organize it (the cafeteria).
officials of the U.S. Labor Depart-
ment, including Labor Secretary John
About 25 employes prepare and serve
Dunlop. are boycotting their bright
food in the cafeteria.
new cafeteria because it is operated
The huge facility has plastic pastel
with non-union labor.
chairs and a glass wall with a spectac-
Dunlop says he will have meals
ular view of the Washington Monu-
brought in from outside if he has to do
ment. It is on the top floor of the
any official entertaining. An assistant
Labor Department's new headquar-
ters.
secretary of labor says he carries his
lunch to work in a bag. Another offi-
cial says, "Some of us came out of the
labor movement ourselves, and we're
mad."
Meanwhile, members of the govern-
ment employes union, which repre-
sents about 5,000 of the 6,000 Labor De-
partment workers in the Washington
area, have been handing out leaflets
urging their fellow bureaucrats to boy-
cott the cafeteria.
The issue has become something of
an embarrassment for the agency that
deals with the needs of working people
and is the administration's ambassa-
dor to organized labor.
"It does create some problems for
me," Dunlop said yesterday. But, he
reprinted from THE WALL STREET JOURNAL
Issue of April 22, 1975
20-Year Fight
mal declaration that they're primarily an-
shop. To try to salvage the cause, the com-
tiunion empaigners.
mittee called in Mr. Larson, a Kansas
Right-to-Work Drive:
The suit, now in its early stages in fed-
right-to-work activist, to take over its then
eral court in Washington, promises to be
tiny operation.
dramatic. It features longtime civil-rights
A lanky, balding former electrical engi-
A Friend to Workers
activist Joseph L. Rauh Jr. as the union's
neer, the 52-year-old Kansan has led the
counsel and a former U.S. attorney, Whit-
committee out of hard times and obscurity.
Or a Menace to Them?
ney North Seymour Jr. on the right-to-work
Using sophisticated fund-raising techniques,
side.
he has broadened its roster of contributors
Last week one explosive issue in the case
and beefed up its lobbying operations.
was decided by the Supreme Court-in the
Two of the biggest developments since
Ten Big Unions Say Menace,
unions' favor. Mr. Rauh had demanded dis-
his arrival were the successful effort in 1965
closure of a sampling of the names of the
to defeat an AFL-CIO attempt to repeal sec-
Seek to Curtail 2 Groups
foundation's financial backers; he said he
tion 14b and the decision in 1968 to create
needed the names to prove his charge that
the Legal Defense Foundation, a technically
In Federal Court Action
the foundation mainly funnels employers'
independent, tax-exempt operation.
money into suits by their employes against
Mr. Larson calls the movement today a
their unions-a practice barred by federal
true "citizens' coalition," saying that ear-
labor law. A lower court ordered disclosure
lier efforts to fight what he calls "compul-
Liberty Bell and Prof. Petro
of 190 names, and the foundation appealed,
sory unionism" failed because they were
saying disclosure would have a "chilling ef-
waged by business groups alone, "The big
fect" on future donors.
companies just don't care enough," he com-
By WALTER MOSSBERG
Staff Reporter of THE WALL STREET JOURNAL
May Risk Jail for Contempt
plains, charging that some-like the auto
But the Supreme Court refused to stay
makers-actually seem to favor the union
ARLINGTON, Va. - In a shiny new
glass-and-steel office building here in the
the order, and it will take effect by the end
shop because it makes life simpler.
of next week. Foundation officials are con-
Committee and foundation officials tick
Washington suburbs, 60 people-armed with
computers, press releases and $3.5 million a
sidering putting themselves purposely in
off impressive figures that they feel dem-
year-work every day to drive George
contempt of court, risking jail sentences, SO
onstrate broad support. Last year, they
Meany wild.
that they can start a new round of appeals
say, the committee received $1.3 million
designed to avoid disclosure of the names.
from 28,000 contributors, each donating an
They form the spearhead of something
"If the word starts getting around that
average of $45, and the foundation received
called the "Right-to-work" movement,
by sending a contribution in here, your
$2.2 million from 85,000 contributors, each
largely consisting of two closely linked
name's going to go on a list at the union
donating an average of $25.
groups, the National Right to Work Commit-
hall," Mr. Larson says, "it could make it
That total of $3.5 million rose slightly
tee and the National Right to Work Legal
very hard to raise funds."
from the $3.4 million raised in 1973. But the
Defense Foundation.
Conservative politicians and commenta-
1975 budget calls for a huge increase to $4.8
The two organizations, which share office
tors have rallied to the right-to-work groups'
million. Despite the recession, the commit-
space in the building, spend their time
cause, likening the situation to a 1950s case
tee aims to more than double its number of
lobbying in Congress and the press against
involving the state of Alabama. In that case
contributors.
programs and policies prized by organized
Alabama was barred from obtaining a list
Growing dollar support has enabled the
labor, and helping individual workers sue
of contributors to the NAACP Legal Defense
right-to-work movement to flourish. Recent-
their unions on various grounds. Each
and Educational Fund, on the ground that
ly the two groups moved into their sec-
month, they turn out dozens of brochures,
obtaining it would subject the fund's sup-
ond new headquarters since 1972. Behind a
films and other items that refer to labor
porters to possible retaliation from anti-civil
handsome blue foyer adorned with the
leaders as "union czars," "arrogant dicta-
rights forces. Columnist William F. Buckley
movement's Liberty Bell symbol, they labor
tors" and "elite rulers."
Jr. recently charged that Mr. Rauh's de-
mightily to spread the gospel of what they
In return, unions fire harsh words at the
mand for the names "once again jeopar-
call "voluntary unionism."
dizes his reputation as a true friend of civil
The groups crank out a continual and
committee and foundation. Last year's
United Auto Workers convention unani-
liberty."
vast array of press releases, brochures,
mously condemned the groups as "the tip of
Illustrious defenders of the right-to-work
news-clipping sheets, films, speeches, and
the ultra-right iceberg" and "the advance
groups were a lot harder to come by in 1955
even newspaper columns that go out under
men of neo-fascism." The délegates pledged
when some businessmen and disgruntled
Mr. Larson's byline; as many as 100 papers
to "fight against these sinister forces whose
railroad workers formed the National Right
print them occasionally.
design is to destroy the free labor move-
to Work Committee to oppose the concept of
Staff members also churn out tens of
ment."
the union shop; such a contract provision
thousands of computer-printed fund-raising
requires all employes to join the union
appeals, many of which go to small-business
"We're Not Against Unions"
picked by a majority as bargaining agent.
men or known conservatives, often in the
That is strong stuff indeed, especially
(Unions favor such provisions as a way to
form of letters from conservative Congress-
when it describes a nonprofit movement
that claims as its sole purpose the protec-
guarantee their bargaining strength and
men or friendly small-business men. A typi-
guard against "free riders" who otherwise
cal mailing last summer, signed by Arizona
tion of the right of workers to choose freely
whether to join unions. "We're not against
would get union services without paying
Republican Rep. Sam Steiger, started out:
dues. The committee views them as compel-
"I am hopeful of getting a number of civic
unions at all," contends Reed Larson, top
ling some workers to join the union who oth-
leaders
such as yourself to help out on a
operating officer of both the committee and
the foundation, merely against "compul-
erwise wouldn't do so.)
special project." It was printed on paper
bearing a facsimile of the official House of
sory" membership.
Sought State Laws
Representatives letterhead.
His contention now is being tested in
The group's plan was to get more states
In the same suite of offices, eight staff
court. For after 2 years of conflict with the
to pass laws banning the union shop, a step
attorneys for the Legal Defense Foundation
right-to-work groups, 10 big unions are suing
permitted by section 14b of the Taft-Hartley
coordinate the movement's courtroom bat-
them. The unions-led by the UAW, the Ma-
Act of 1947. In 1958, the right-to-work cause
tles. They help workers sue unions, and it is
chinists, and the State, County and Munici-
was encouraged when a drive supported by
their activity, more than anything else, that
pal Employes-allege violations of federal
business groups placed the union-shop issue
has angered organized labor.
labor laws. They seek a sharp curtailment
on the ballot in six states. But only one of
Nature of Suits
of the groups' legal-aid activities and a for-
the states, Kansas, voted to ban the union
Though the foundation has participated
DOW JONES REPRINT SERVICE
P.O. BOX 300
PRINCETON, NEW JERSEY 08540
Reprinted from The Wall Street Journal
Dow Jones & Company, Inc. 1975
Wall Street Journal Subscription Information 800-628-4040.
in over 100 lawsuits, the most controversial
number of union-representation votes in
ones have been the two dozen or so that at-
plants where employers showed the film.
tacked big liberal unions like the Machin-
(The board recently reversed its policy on
ists, the State, County and Municipal Em-
the movie.) The film depicts a violent strike
ployes, the Communications Workers and
by power-abusing "union bosses."
the UAW.
Mr. Larson defends the film as factual.
A number of these suits have challenged
He says the committee doesn't knowingly
unions' use of dues money for certain politi-
supply it for use in countering union organ-
cal activities. Others challenged the tax-ex-
izers.
empt status of unions, their right to check
--During the 1969 grape boycott by Cesar
off dues deductions from paychecks, and the
Chavez's fledgling United Farm Workers
validity of the "agency-shop" concept under
(one of the unions suing the right-to-work
which workers who decline to join unions
groups today), the committee distributed
must pay them a fee in lieu of dues.
bumper stickers saying "Buy Grapes." It
Foundation lawyers have won a scatter-
has continued to fight the union.
ing of the suits, but they concede they have
According to Mr. Larson, the commit-
failed to score any big victories over the
tee's opposition to the Chavez union is based
major unions or establish any precedents
entirely on the union's insistence on union-
that might hamper them. And to union offi-
shop contracts.
cials, that proves a big point. Stephen
-Recently the committee has come out
Schlossberg, the UAW's general counsel,
against giving public-employe unions exclu-
argues the constant defeats show "a lot of
sive representation rights, even if a major-
their legal activity is just antiunion harass-
ity of workers vote for one.
ment. The suits aren't legally sound;
Mr. Larson contends that unions use such
they're just designed to force us to waste
representation as a lever to force the union
time and money in court."
shop on public employers sooner or later,
"We think the whole operation exists to
and he recently sponsored a Washington
make a profit for a few individuals, includ-
seminar featuring representatives of sev-
ing Mr. Larson," adds Al Zack, the AFL-
eral groups opposed to the idea of any bar-
CIO's official spokesman. He accuses the
gaining rights for public-employe unions.
two groups of "shaking down stupid employ-
One speaker at the seminar was Sylves-
ers" in order to engage in "union-busting."
ter Petro, a Wake Forest University law
Union officials note that Mr. Larson him-
professor and occasional paid adviser to the
self says that 84% of the committee's funds
foundation, whose views on union bargain-
and 35% of the foundation's funds come
ing rights are vehement. He declared the
from businesses. The union officials claim
40-year-old National Labor Relations Act to
that serious investigation would show the
be "a putrid affront to human dignity" and
percentages to be much higher. They also
"the most enormous step backward in the
charge that the foundation helps initiate the
history of the Western world." Mr. Larson
worker lawsuits (a charge vehemently de-
says the committee itself doesn't neces-
nied by foundation executives), and they
sarily share all the speakers' sentiments.
point out that the committee hasn't been
Proof of Suspicions Seen
able to get any state to pass a right-to-work
Nonetheless, the unions see in these and
law banning the union shop since 1963. The
other activities proof of their suspicions.
number of states that have passed such a
Mr. Rauh's complaint in court charges
law now stands at 19; it stood at 16 when
"their actual purpose" is to "weaken the
the Right to Work Committee was formed.
strength of labor unions" in relation to the
Mr. Larson angrily dismisses charges of
employers who contribute to the right-to-
"union-busting" as the kind of "venom and
work movement.
hate" his groups have come to expect from
Thus he is asking the court to declare the
labor. But a number of the movement's ac-
foundation's legal-aid projects as tanta-
tivities and stands do seem to lend them-
mount to employer financing of suits
selves to the interpretation that they are
against unions. Further, he is demanding
motivated as much by a desire to curb
that the two groups be forced to register
unionism as by a desire to promote workers'
with the Labor Department under an ob-
freedom of choice:
scure clause in the Landrum-Griffin Act
- One of the foundation's most cele-
that includes antiunion "persuaders" along
brated suits involved an attack by workers
with unions and others who must file reports
at McDonnell Douglas Corp. against the
with the government. Such registration, Mr.
UAW's collection of dues and "agency-
Larson fears, would force greater disclosure
shop" fees on the ground that some of the
by the right-to-work groups.
funds were later spent on political causes
Mr. Rauh defends his demand for a sam-
the workers opposed, But, at the time the
pling of 190 names of backers as essential to
case was filed, the union had a procedure by
proving his case. He promises that the
which objecting members could get rebates
names won't be disclosed. There could
of the part of their dues spent on politics.
therefore be no retaliation, he says, and he
The workers lost that case because of the
adds that the courts SO far have agreed with
rebate plan, and other cases against the
him that the case is nothing like the Ala-
UAW and other unions have been lost for
bama-NAACP case in which defenseless
the same reason.
Southern blacks might have suffered.
Even though the suits have been lost, Mr.
Mr. Larson views the Rauh suit as ex-
Larson says, they have forced the UAW to
actly the same kind of courtroom harass-
improve its dues-rebate plan and have
ment the unions charge has been mounted
spurred other unions to offer such rebates,
against them. He says the foundation never
too.
uses a particular employer's contribution to
-A film, "And Women Must Weep," pro-
back a suit by one of that employer's em-
duced by the Right to Work Committee
ployes against his union; instead, he says,
some years back, was judged so biased
the donations are all intermingled. He confi-
against unions that the National Labor Rela-
dently predicts victory in the case.
tions Board in the early 1960s threw out a
ell of being the candidate of
organized labor and of want-
ing to repeal Virginia's right-
to-work law. He bases this on
a proposal made five years
ago by Mr. Howell to legalize
the agency shop in Virginia.
Virginia, like other right-to-
work states, prohibits requir-
ing a worker to join a union or
pay dues to one as a condition
of employment.
The state AFL-CIO was con-
cerned enough about Mr. God-
win's allegations to pledge
that if Mr. Howell, whom it
supports, is elected governor
"we will never approach him
to ask for his assistance to
amend or repeal right to
work."
DESPITE this pledge, Mr.
Larson and the National
Right-To-Work Committee
have been circulating liter-
ature to their supporters in
Virginia warning that there
would be nothing to stop Mr.
Howell from initiating on his
own a move to "undermine"
the law if he wins election.
"If anything, the attempt to
defuse the right-to-work time
bomb shows clearly that the
union bosses will go to almost
NATIONAL COMMITTEE CAMPAIGNS ON A VARIETY OF FRONTS
any length to get right-to-work
Mr. Larson says public employees are prime target of activity
enemy Howell in the gover-
nor's mansion, where he could
Right-To-WorkMovement
begin paying off his political
IOUs to Big Labor," a Larson
letter states.
This is one of the functions
Labors Mightily On Its Job
of the committee - warning
supporters to rallv their forces
against attempts to repeal or
modify existing right-to-work
Committee, Foundation Have
join a union within a certain
number of days after being
laws.
FOR EXAMPLE. in a re-
$3 Million A Year Operation
hired, or the agency shop,
where workers can remain out
cent newsletter, the com-
of the union but still must pay
mittee claimed that "well-
By FRANK KANE
Blade Washington Bureau
dues to support it.
funded union bosses" are
W ASHINGTON - Remember "right to work," the big issue
And, as it did in 1958, the
gathering petitions for 1974
of 1958 in Ohio, California, and four other states?
right-to-work issue still occa-
referendums on the right-to-
Well, despite the fact that right-to-work forces lost in five
sionally becomes part of a po-
work laws that currently exist
litical campaign.
in South Dakota and Arkan-
of those SIX states, including Ohio and California, in 1958, and
sas.
that only one state, Wyoming. has since adopted a right-to-work
law, the right-to-work people
IN THE current gubernato-
But as for conducting its
own drives to get more states
are still pretty active in Wash-
UNDER Reed Larson, a 50-
rial campaign in Virginia, one
year-old former electrical en-
of 19 states that has a right-to-
to adopt right-to-work legisla-
ington.
gineer from Kansas who led
work law, Mills Godwin, a
tion, there hasn't been a ma-
The National Right-To-Work
the successful right-to-work
conservative Democrat who
jor effort since 1964 when in
Committee and a companion
drive in that state in 1958, the
recently turned Republican, is
Oklahoma the right-to-work is-
group, the National Right-To-
committee and the foundation
running against Henry Howell,
sue lost by about 1.5 per cent
Work Legal Defense Founda-
maintain a steady campaign
a liberal Democrat campaign-
of the vote, according to Mr.
tion, constitute a $3 million a
ing as an independent.
Larson.
on a variety of fronts against
year operation with headquar-
what they term "compulsory
Mr. Howell accuses Mr.
Both he and Hugh Newton,
ters that take an entire floor
unionism."
Godwin of being the candidate
the organization's public rela-
of a near-downtown office
By that they mean the union
of big business and Mr. God-
tions director, emphasize that
building here.
shop, whereby workers must
win in turn accuses Mr. How-
a successful campaign for a
Continued
TOLEDO BLADE
September 30, 1973
Continued from First Page
tions man, contends that con-
in the early 1960s, but the
dues are being used illegally
gressional approval of the
committee would like to see it
for political purposes.
state right-to-work law re-
righ t-to-work provision for
written into law.
quires strong state and local
Mr. Larson says that the le-
postal employees proves that
As Mr. Newton points out,
leadership and ample finan-
gal foundation receives about
the organization represents
one of the biggest areas of
cial resources.
$2 million a year, about 40 per
more than "just John Birchers
union activity today is in the
cent of it from corporations
"YOU HAVE to wage an
and a few corporations."
public employee field, and the
and private foundations and 60
enormous campaign because
same field has also become a
per cent from individuals.
the weight of resources
MR. LARSON says that the
prime area of activity for the
thrown in by the other side is
committee has about 21,000
right-to-work forces.
WITH THIS money, the
very heavy," Mr. Larson
regularly contributing mem-
bers plus another 17,000 who
THE COMMITTEE is busily
foundation maintains a staff of
says. "They (unions) really
are mostly employees (both
engaged in trying to prevent
seven "in-house" lawyers and
pull out all the stops when
enactment of state laws which
hires outside counsel across
faced with a threat to com-
union and non-union) who at
would permit "agency shop"
the country to conduct the
pulsory unionism. They'll
one time or another pledge
suits.
support to the right-to-work
contracts with unions repre-
have a state just crawling
senting state and local govern-
Mr. Larson says that the
with union staffers."
concept but do not contribute
regularly.
ment employees.
right-to-work group's fortunes
Some employers joke that
The organization calls itself
The organization claims that
on the suits have been "mix-
they don't have any grievance
nearly a dozen states, in-
ed" - "we're winning some
problems for months when a
"a coalition of employers and
cluding Michigan, have "cav-
and losing some, but we're
right-to-work campaign is on
employees." Many of the em-
ed in to the demand of top
winning more than we're los-
because the union representa-
ployer members employ 100 or
union professionals" on the is-
ing."
tives are so busy defeating it,
fewer workers. As Mr. Newton
sue of "compulsory unionism
These legal activities have
he adds.
points out, most large corpo-
for public employees" and
provoked a countersuit by 10
The national right-to-work
rations "have already made
that the issue will crop up in
unions which claim that the
group claims that its only role
their deals with labor, and
others next year.
in the 1958 state campaigns
therefore don't want to get
r i g h t-to-work organizations
was distribution of some liter-
into arguments over the right-
It also is fighting a bill on
have been collecting money il-
ature. In Ohio in 1958. for ex-
to-work question.'
the national level which Mr.
legally from employers to sup-
The committee has been
Larson claims was written by
port suits by dissident workers
ample. the real leadership of
pushing for a national right-to-
Jerry Wurf, president of the
against the unions that the
that unsuccessful campaign
American Federation of State,
employers deal with.
came from business elements
work law, sponsored by Rep.
within the state, according to
Sam Steiger (R., Ariz.) and
County, and Municipal Em-
THE RIGHT-to-work com-
Mr. Larson and Mr. Newton.
two dozen other congressmen,
ployees, and which the Right-
Mr. Larson. however, led the
To-Work Committee official
mittee claims that it is merely
mostly from right-to-work
says would establish an agen-
fighting for the right of a
successful Kansas campaign
states, in the House, and Sen.
before he went to work for the
William Scott (R., Va.). But
cy shop automatically for a
worker to join or not join a
national group, which was
both Mr. Larson and Mr. New-
public employees' union as
union as he pleases.
ton classify this as a "long-
soon as it is recognized and
Such a principle promotes
very active in the later Wyom-
range target" which is unlike-
allow a full union shop to be
democracy in unions, Mr. Lar-
ing and Oklahoma campaigns.
ly to get even to the hearing
made the subject of future
son contends, "because once
ALTHOUGH Mr. Larson
stage in the near future.
contract negotiations.
you open up that escape valve
says his organization "is still
(where a union member could
anxious to support enactment
IT ALSO HAS been opposing
THEN THERE is the Na-
quit a union) the ability of
of state right-to-work laws"
legislation which would give
tional Right-To-Work Legal
union officials to run rough-
and will do SO where it finds
farm workers the protection of
Foundation, established in
shod over the wishes of a sub-
the leadership and resources
the Taft-Hartley Act, on the
1968 as a tax-exempt and non-
stantial minority or even a
adequate, it has placed more
grounds that such a move
profit group to fight legal bat-
majority of their members is
emphasis on the national level
would legalize "compulsory
tles on issues relating to the
greatly reduced."
in recent years.
unionism" for farm workers
right-to-work concept.
Organized labor takes a
The committee is still crow-
in the 31 non-right-to-work
The foundation currently is
much harsher view of Mr.
ing over two victories that it
states. It opposes similar cov-
involved in about 55 cases,
Larson's organization. A
claims to have won in Con-
erage for any other groups of
such as commentator William
spokesman for the AFL-CIO
gress the battle to prevent
employees now exempted
Buckley's battle against what
termed the committee a bunch
repeal of Section 14 (B) of the
from the act, such as hospital
he regards as compulsory
of unprintables hired by "idiot
Taft-Hartley Act (which per-
workers.
unionism in the television in-
employers," and claims that
mits states to enact right-to-
It has been supporting legis-
dustry and which Mr. Newton
its only real effectiveness is
work laws) in the mid-1960s
lation which Mr. Newton says
says involves questions of
its ability in the Senate to
and inclusion of a right-to-
would guarantee the right of
freedom of speech and the
muster enough votes (one
work provision in the 1970
Federal Government employ-
press; suits to enforce state
third plus one) to maintain a
reorganization of the postal
ees to refrain from joining
right-to-work laws in individ-
filibuster against repeal of
system.
unions. This right is now pro-
ual cases, and suits by union
Section 14 (B) of the Taft-
Mr. Newton, the public rela-
tected by an executive order
members who claim that their
Hartley Act.
REPRINTS-For further information and additional copies of this article write: Informa-
tion Department, National Right to Work Committee.
THE NATIONAL RIGHT TO WORK COMMITTEE 1990M Street, N.W., Washington, D.C. 20036
"Americans Must Have the Right But Not Be Compelled to Join Labor Unions"
National Right To Work Committee
A COALITION OF EMPLOYEES AND EMPLOYERS
REED LARSON, Executive Vice President
May 23, 1975
The Honorable Gerald R. Ford
President of the United States
The White House
Washington, D. C.
Dear Mr. President:
We are deeply concerned, and disturbed, by recent public statements
from your special assistant for labor, W. J. Usery, Jr., indicating
that the Administration is seriously thinking of backing federal "collective
bargaining" legislation which would result in citizens being forced to
pay a labor union for the privilege of working for their own government.
Because of the admitted political activities of public sector unions, the
compulsory unionization of federal servants (deceptively labeled by
Mr. Usery as "union security") would create a New Spoils System. Govern-
ment employees would thus be compelled, in order to work, to support
political candidates and causes to which they may be conscientiously
opposed.
Mr. President, we cannot believe the Administration would adopt such
a position -- contrary to the public interest, and in defiance of the expressed
beliefs of 83 percent of the American people that affiliation with public
sector unions should be voluntary.
Mr. Usery already has done the damage.
We hope you will set the record straight, and will prevent the recurrence
of this misbehavior by asking for his resignation.
Sincerely,
Reed Lason
RL/aa
WASHINGTON D.C. HEADQUARTERS: 8316 ARLINGTON BOULEVARD (U.S. 50) SUITE 600
FAIRFAX, VIRGINIA 22030
TEL. (703) 573-8550
"Americans must have the right but not be compelled to join labor unions"
STATE OF MARYLAND
EXECUTIVE DEPARTMENT
ANNAPOLIS, MARYLAND 21404
MAR 4 - P.M.
MARVIN MANDEL
March 3, 1975
GOVERNOR
Mr. Reed Larson
National Right to Work Committee
8316 Arlington Boulevard
Suite 600
Fairfax, Virginia 22030
Dear Mr. Larson:
This will acknowledge receipt of your recent
letter in which you let me know of your organization's
feelings about public employee bargaining legislation.
I am taking the liberty of enclosing a copy of
a resolution that was adopted unanimously by the
National Governors' Conference during its recent
Winter Meeting in Washington, D. C. The resolution,
in my view, accurately reflects the feelings of Governors
and of the states on this sensitive issue.
Sincerely,
Governor
PUBLIC EMPLOYEE RELATIONS
The United States Congress is considering legislation which
would provide to State and local government employees the right to
organize and collectively bargain. This legislation would substan-
tially replace individual state laws and procedures which now regu-
late these activities with a uniform federal law.
The National Governors' Conference opposes federal inter-
vention in this area. It is the belief of the Nation's Governors that
matters relating to the employees of State and local governments
are within the sole jurisdiction of these units and are not properly
the subject of federal legislation.
The National Governors' Conference, in adopting this state-
ment, takes no position on the principle of collective bargaining
for public employees but states its firm commitment to the view
that this is an area which should be left to the discretion of the
several States.
RESOLUTION BY:
Committee on Executive Management and Fiscal Affairs
National Governors' Conference
Adopted - February 20, 1975
Most legislators agree it's
"A
BASIC
AND
PRECIOUS
RIGHT"
"While recognition of the right to membership is fundamental, of equal
importance is the principle that no public employee should be required or
coerced into joining an organization as a condition of employment.
the
right to refrain is just as basic and precious as the right to join, and the
Commission support this position."
-U.S. ADVISORY COMMISSION ON
INTERGOVERNMENTAL RELATIONS
March 1970
12 States Scorn Free Choice in Public Sector
The bipartisan and respected U.S. Advisory Commission
ments. That function, reduced to its simplest terms, is to
on Intergovernmental Relations, after a one-year study of
provide law enforcement, fire protection, education services,
relations between employees and employers in the public
highway and street maintenance, and public sanitation serv-
sector, published its findings and recommendations in 1970.
ices. The wages of all public employees are paid by tax-
Its report unreservedly endorsed the principle that em-
payers.
ployees at all levels of government should be shielded from
Public employees in 32 states are shielded from com-
coercion by employers, unions and employee organizations.
pulsory unionism by laws, constitutional provisions and
That endorsement has been trampled in the dust of 12
executive orders.
states.
A New York statute, for example, stipulates:
Public employees in those states, with the sanction
"Public employees shall have the right to form, join
of their state governments, are being compelled against
and participate in, or to refrain from forming, joining or
their will to pay dues or fees to labor unions or em-
participating in, any employee organization of their own
ployee organizations.
choosing."
Laws authorizing the forced unionization of public em-
New York courts have consistently ruled that the fore-
ployees were enacted in 1973 by the legislatures of Massa-
going language forbids all forms of compulsory unionism,
chusetts, Michigan, Minnesota, Montana, Oregon, Vermont
including the forcible collection of monthly "agency shop"
and Washington.
fees from non-union employees.
Similar repressive statutes were adopted in 1971 and 1972
by Alaska, Hawaii, Kentucky, Rhode Island and Wisconsin.
The constitution of Kansas provides:
Lawmakers in those 12 states appear to have lost sight of
"No person shall be denied the opportunity to obtain
the primary function of state, county and municipal govern-
(continued on Page 2)
12 States Scorn
Most Right to Work Laws
FREEDOM OF CHOICE GUARANTEED
(Continued from Page 1)
Shield Public Employees
Table II: States forbidding the forced
unionization of public employees
or retain employment because of membership or non-
General Right to Work laws and constitutional provisions
State
Employees Affected
Citations
membership in any labor organization, nor shall the
are now in effect in 19 states.
state, or any subdivision thereof, or any individual, cor-
1. Alabama
All public employees
Code of Alabama, Title 26, § 375(1)
Firemen
Code of Alabama, Title 37, § 450(3)(2)
poration, or any kind of association enter into any
Seventeen of those 19 bans on compulsory unionism cover
2. Arizona
All public employees
Article XXV, Arizona Constitution, Arizona Revised Statutes Annotated, § 23-1302
agreement, written or oral, which excludes any person
workers in both private and public employment.
3.- Arkansas
All public employees
Amendment No. 34, § 1, Arkansas Constitution
4. California
All public employees
Deerings California Government Code Annotated, §§ 3502 and 3527
from employment or continuation of employment be-
The exceptions are the statutes of Georgia and Tennessee.
Teachers
Deerings California Education Code Annotated, $ 13082
cause of membership or nonmembership in any labor
5. Connecticut
Teachers
Connecticut General Statutes Annotated, § 10-153(a)
A provision in the Georgia Right to Work Law expressly
6. Delaware
Public school
Delaware Code Annotated, Title 14, § 4003
organization." (Emphasis added)
employees
declares that it is not applicable to public employees.
7. Florida
All public employees
Florida State Constitution, Art. 1, § 6
The guarantee quoted above, which is applicable to both
8. Illinois
State employees
Executive Order #6 (1973)
public and private employees, was approved decisively by
In Keeble V. City of Alcoa, 319 S.W.2d 249 (Tenn. 1958),
9. lowa
All public employees
lowa Code Annotated, § 736A.1.
the Tennessee Supreme Court held that the state's 1947
10. Kansas
All public employees
Kansas Constitution, Art. 15, Section 12
Kansas voters in a 1958 referendum. It is popularly known
11. Maryland
Teachers
Annotated Code of Maryland, Art. 77, § 160
as the state's Right to Work provision because it safeguards
Right to Work law does not apply to employees of the state
12. Mississippi
All public employees
Mississippi Constitution, Art. 7, Sec. 198-A
and its political subdivisions. Because of a marked difference
Mississippi Code Annotated, Section 6984.5(a)
the individual's right to earn his livelihood as either a union
13. Missouri
All public employees
Missouri Revised Statutes, Chapter 105, § 510
member or a non-union worker.
between the wording of the Tennessee statute and the lan-
except policemen
guage of the other Right to Work laws, this 1958 decision
14. Nebraska
All public employees
Nebraska Constitution, Article XV, §§ 13, 14, and 15
This publication's purpose is to provide the reader au-
15. Nevada
All public employees
Nevada Revised Statutes, § 613.250
is not a precedent for interpretation of other Right to Work
thoritative information regarding present state laws affecting
16. New Hampshire
All state employees
New Hampshire Revised Statutes, $ 98-C:2
laws.
except teachers
the fundamental right of public employees to be free from
Policemen
New Hampshire Revised Statutes, 1972, § 105-B:3
union coercion. The exhaustive research project on which
Virginia legislators, without a single dissenting vote in the
17. New Jersey
All public employees
New Jersey Statutes Annotated, Section 34:1 3A-5.3
House of Delegates or Senate, approved a 1973 bill designed
18. New Mexico
State employees
State Personnel Board Regulations Revised May 9, 1972 Il and VII
this report is based was completed after adjournment of the
19. New York
All public employees
McKinney's Consolidated Laws of New York Annotated, Civil Service Law,
1973 state legislative sessions.
to expand the coverage of their Right to Work law to all
§§ 202 and 208
public employees.
20. North Carolina
All public employees
North Carolina Statutes, § 95-78
In 1974 the legislatures of at least 45 states will meet in
21. North Dakota
All public employees
North Dakota Century Code Annotated, § 34-01-14
22. Ohio
All public employees
Foltz V. City of Dayton, 75 LRRM 2331 (Ohio Ct. of App. 1970)
regular or special sessions. The National Right to Work
CSEA V. AFSCME, 405 GERR B-9 (Ohio 1971)
Committee hopes this report will be helpful to the many
Sheehy, et al. V. Ensign, et al., 395 GERR B-3 (Common Pleas Court 1971)
'Pass The Gravy!'
Hagerman V. City of Dayton, et al., 71 N. E. 2d 247 (Ohio 1947)
legislators who will be confronted in the future by bills
23. Oklahoma
Firemen & Policemen
Oklahoma Statutes, Title 11, § 548.2
intended to guarantee, or deny, freedom of choice in the
Teachers
Oklahoma Statutes, Title 70, § 509.9
Municipal employees
Oklahoma Statutes, Title 11, $ 548.3-1
public sector.
24. Pennsylvania*
All public employees
43 Purdon's Pennsylvania Statutes Annotated, § 1101.705
except policemen and
firemen
Policemen and firemen
1965 BILL VETOED
IAFF Local 1038 V. Allegheny Co., 490 GERR B-4 (Comm. Ct. of Pa. 1973)
25. Rhode Island
Municipal employees
General Laws of Rhode Island, § 28-9.4-8
After vetoing a 1965 bill designed to expose Wisconsin's
Teachers
General Laws of Rhode Island, § 28-9.3-7
26. South Carolina
All public employees
South Carolina Code Annotated, Title 40, $ 46
public employees to "agency shop" agreements, then-Gov.
27. South Dakota
All public employees
South Dakota Compiled Laws Annotated, §§ 3-8-2 and 60-8-3
Warren P. Knowles said: "I do not believe governmental
28. Texas
All public employees
Vernon's Annotated Civil Statutes, Art. 5154 g, § 1
29. Utah
All public employees
Utah Code Annotated, Title 34, § 34-2
employees, as a condition of employment, should be required
30. Vermont
State employees
Vermont Statutes Annotated Title 3, Chapter 27, §§ 903, 941(2) and 962(6)(A)
to join or make financial contributions to organizations which
31. Virginia
All public employees
Code of Virginia Annotated, $ 40.1-58.1
32. Wyoming
All public employees
Wyoming Statutes Annotated, Title 27, $ 245.3
are contrary to their views or with which they do not desire
Public employees in Pennsylvania who voluntarily join labor unions or employee associations can legally be required to maintain their memberships "for the duration of a collective
to associate unless it is clearly demonstrated that employee
bargaining agreement.
participation must be compelled for the purposes of improved
governmental operation or for the public welfare."
AGENCY
SHOP
FREEDOM OF CHOICE DENIED
LAWS SILENT
Table III: States authorizing the forced
unionization of public employees
Table 1: States whose laws are silent on question of volun-
States
Employees Affected
Citations
tary or compulsory unionism for public employees
1. Alaska
All public employees
Alaska Statutes Annotated, § 23.40.11 and § 23.40.110(b)
1. Colorado
except teachers
2. Hawaii
All public employees
Hawaii Revised Statutes, Chapter 89, §§ 2 and 4
2. Georgia
3. Kentucky
Firemen
Kentucky Revised Statutes, $ 345.050(1)(c)
3. Idaho
4. Massachusetts
All public employees
Senate Bill 1929 effective 7/1/74
5. Michigan
All public employees
Michigan Compiled Laws Annotated, § 423.210(10)
4. Indiana
6. Minnesota
All public employees
Minnesota Statutes Annotated, $ 179.65, Subd. (2) and (4)
5. Louisiana
7. Montana
All public employees
Revised Code of Montana Annotated, Title 59, $ 1605(c) and § 1612
6. Maine
from
8. Oregon
All public employees
Oregon Revised Statutes, §§ 243.711 and 243.730
9. Rhode Island
State employees
General Laws of Rhode Island, 36-11-2
7. Tennessee
THE INDIANAPOLIS NEWS
10. Vermont*
Municipal employees
Vermont Statutes Annotated, Title 21, Chapter 22 §§ 1722 and 1726
8. West Virginia
11. Washington
All public employees
Revised Code of Washington, $ 41.56.110
Thursday, March 8, 1973
12. Wisconsin
State employees
Wisconsin Statutes, Subchapter V, §§ 111.81(6) and 111.84(1)(f)
Municipal employees
Wisconsin Statutes, Subchapter IV, $$ 111.70(1)(h) and 111.70(3)(a)3
Athough the Vermont statute authorizes "agency shop" agreements, it provides: "No municipal employer shall discharge or discriminate against any employee for nonpayment of
an agency service fee or for nonmembership in an employee organization."
2
3
Protection Accorded All Federal Employees
All employees of the federal government are protected
the "right to refrain" language in Executive Order 10988.
from compulsory unionism by the following section of Execu-
He said:
tive Order 11491, issued on Oct. 29, 1969, by President
"I know you will agree with me that the union shop and
Richard M. Nixon:
the closed shop are inappropriate to the federal govern-
"Each employee of the executive branch of the fed-
ment.
In your own organization you have to win accept-
eral government has the right, freely and without fear
ance by your own conduct, your own action, your own wishes,
of penalty or reprisal, to form, join, and assist a labor
your own wisdom, your own responsibility, and your own
organization or to refrain from any such activity, and
achievements.
So, you have an opportunity to bring into
each employee shall be protected in the exercise of this
your organization people who come in because they want
right."
to come in and who will participate, therefore, in the full
activity of your organization.
This 1969 order superseded Executive Order 10988, issued
on Jan. 17, 1962, by then-President John F. Kennedy. Sec-
POSTAL EMPLOYEES
tion 1(a) of the latter also guaranteed full freedom of choice
to all federal workers:
Postal workers, who were classified as federal employees
until 1970, are also immunized against involuntary unionism.
"Employees of the federal government shall have, and
Supported by 226 members of the U.S. House of Representa-
shall be protected in the exercise of, the right, freely
tives, the following Right to Work amendment was incorpo-
and without fear of penalty or reprisal, to form, join and
rated into the Postal Reorganization Act of 1970:
assist any employee organization or to refrain from
such activity."
"Each employee of the Postal Service has the right,
freely and without fear of penalty or reprisal, to form,
Former Secretary of Labor Arthur Goldberg, while ad-
join and assist a labor organization or to refrain from
dressing a meeting of the American Federation of Govern-
such activity, and each employee shall be protected in
ment Employees (AFL-CIO) on Jan. 20, 1962, defended
the exercise of this right."
IN THE PUBLIC INTEREST
Employment Soaring
"
The taxpayers, however broke they may become,
cannot terminate the jobs of essential public employees, or
In Public Sector
shift their business to competitors if prices go too high. It is
emphatically in the public interest that public employees'
The number of individuals on the payrolls of state, county
unions not get entrenched behind laws granting them union
and municipal governments, including school districts, sky-
rocketed in the U.S. from 6,387,000 in 1960 to 10,809,000
or agency shops and the right to strike."
in 1972-an increase of 69.2%.
-CHICAGO TRIBUNE
Aug. 18, 1973
According to the U.S. Bureau of the Census, the monthly
payrolls of those governmental units increased during that
PUBLIC SURRENDER CONTROL?
12-year span from $2,215,000,000 to $7,012,100,000.
"
Why should there be a closed shop or a union shop
This phenomenal employment growth in the public sector
or anything akin to it in any public employee unit? Why
has not gone unnoticed by union organizers. They recruited
should the taxpaying public surrender to a union control
400,000 new members from the ranks of state, county and
over the jobs it provides and pays for?
It's
no
part
of
municipal workers between 1970 and 1972.
the public's business to force payrollers into a union."
During the same two-year period the number of union
-PITTSBURGH PRESS
members employed by private manufacturing firms in the
Feb. 16, 1973
nation decreased by 245,000.
"AGENCY SHOP" DENOUNCED
"
What the collective bargaining contracts would grant
This brochure
to the unions is properly called 'agency shop'-each teacher
RIGHT TO WORK
is an educational service of:
who is not a union member would have to pay an amount
THE NATIONAL RIGHT
equal to dues to cover 'favors' of bargaining they would
TO WORK COMMITTEE
receive as nonmembers. Agency shop is another name for
1990 M Street, N.W., Washington, D.C. 20036
an old racket called 'protection'-pay off or be ruined!"
ADDITIONAL COPIES AVAILABLE
-LOS ANGELES HERALD-EXAMINER
June 11, 1971
December 1973
4
nea
HELPING TEACHERS TEACH
A newsletter published by the
National Education Association
for leaders of America's
teacher organizations.
May 12, 1975
'Major federal initiatives' ahead, Ford tells NEA leaders
Once the economy gets moving again, President Ford pledged to NEA's Board of Directors
May 2, he will push some "new and major initiatives in education at the federal level." Without
identifying any specific signs of economic recovery, Ford said he sees "some bright clouds
beginning to appear." His remarks came at a special all-morning session of briefings for the entire
NEA Board at the Executive Office Building, adjacent to the White House. Other speakers were
the Secretary of Labor and the head of the Federal Energy Administration.
To the applause of the 140 NEA leaders representing all 50 states, Ford stressed that he
"would like to see classroom teachers have a larger voice in federal policy-making" and wants more
teachers on federal advisory councils and commissions. "I will instruct [Education] Commissioner
[Terrel] Bell to seek nominees from your organization," the President stated, although he could
not pinpoint particular openings. "Let me assure you," Ford concluded, "that during my tenure
in office, I want to work with NEA." Calling for a "dialogue," the President promised that "the
door will be open as far as the White House is concerned. I want to establish closer ties between
NEA and my Administration."
Secretary of Labor John Dunlop managed to discuss teacher bargaining without getting into
the federal collective bargaining bill for public employees now pending on Capitol Hill. He
observed that "one ought to recognize that some procedure for the recognition of organizations is
appropriate." That "people have the right to organize seems to me an incontestable fact in 1975,"
he declared. Dunlop came out against teachers' right to strike and added that he does not like
compulsory education any better. But he failed to suggest any more effective ways to settle
disputes, recommending only that "emphasis ought to be placed on the imagination."
Energy chief Frank Zarb's remarks focused on his conviction that Americans must be forced
to take a long-range view toward solving the energy problem. He promised NEA a "willing car and
participating agency" in any efforts to boost teaching of conservation, suggesting an NEA-Federal
Energy Administration "partnership" to "teach the kids and have them teach the adults."
NEA-backed professor wins $104,000 in First Amendment case
With financial backing from NEA, the New Jersey Education Association, and the Brookdale
Faculty Association, fired Brookdale (N.J.) Community College professor Patricia Endress has won
not only reinstatement with tenure but also one of the largest monetary awards ever in a teacher
rights case. Ruling April 30 that her dismissal last June violated Endress' rights to freedom of
speech and of the press, Superior Court Judge Merritt Lane awarded her $104,000 in punitive and
compensatory damages, lawyers' fees, and back pay, of which $90,000 must be paid personally by
the college president and six trustees. Endress was terminated three days before gaining tenure
because of an editorial she wrote in the college newspaper charging the chairman of the board of
trustees with a conflict of interest. An investigation by Endress' journalism students had revealed
that BCC had awarded a contract for audiovisual teaching equipment to a company headed by the
trustee's nephew; the trustee later admitted he was an officer of the firm at the time.
"Comments by teachers on matters of public concern do not constitute grounds for dismissal-
even though critical in tone," the judge ruled. "Punitive damages are absolutely necessary,' he
declared, "to impress on people in authority that an employee's constitutional rights cannot be
infringed." NJEA sees the precedent-setting Endress win as putting school board members on
notice that those who violate the constitutional rights of public employees "do so at their own
peril" and may face "personal consequences" in the courts.
Pa. court reverses State College ruling, OK's broad-scope bargaining
Class size, teacher load, and 19 other items covering a broad spectrum of teacher concerns are
in fact "terms and conditions of employment" and therefore clearly negotiable under Pennsylvania's
public employee bargaining law, the state supreme court ruled last month. Overturning the labor
relations board's 1971 decision in the famous "State College" case that had ruled the items
nonnegotiable "managerial prerogatives," the supreme court stated that "an item of dispute must
not be removed from the orbit of bargaining simply because it may touch upon basic policy.' With
the narrow restrictions on scope of bargaining finally lifted, educational improvement items are
still "not going to come our way automatically," the Pennsylvania State Education Association
warns. "But now the other side can't hide behind their own muddled interpretations of the law.
Now school boards must deal with us on these matters or be guilty of unfair labor practice.
Recession isn't slowing wage gains
Like prices, wages aren't giving way to the recession. Despite high unemployment, those with
jobs are winning contracts with large first-year increases designed to restore lost purchasing power.
Alaska plumbers, for example, have just won a $6 hourly increase in wages and benefits and now
earn more than $20 an hour. In San Francisco, plumbers have won a 12% increase for the first
year of a three-year pact and large second and third year boosts as well. And, determined not to
be burned by another round of inflation, in the first quarter of 1975 more than 347,000 workers
bargained cost of living escalator clauses that base second and third year pay hikes on future
changes in consumer prices. At least 5.6 million Americans-54% of all those in major bargaining
units-are now covered by cost of living escalators, the Burcau of Labor Statistics reports.
Board recommends $41 million NEA budget
At its May 2-4 meeting, which began with a White House briefing (see page 1), the NEA Board
of Directors recommended for transmittal to the July 4 open hearing of the Representative
Assembly a 1975-76 NEA program budget balanced at $40,797,000-11% above the budget for the
current year. The increased income is based on a projected membership of 1,748,000. The two
arcas scheduled for sharpest boosts in spending are UniServ (up $1.2 million to a total of $8.7
million to provide for the projected increase from 980 to 1.115 units) and the "Economic and
Professional Security for All Educators" goal (up $1.6 million to more than $4 million, reflecting
NEA's commitment to securing a federal bargaining bill in 1976 and to helping each local affiliate
win exclusive bargaining recognition and an effective contract). Copies of the proposed budget
will be mailed to state and local leaders shortly.
PERSONAL ACCOUNT
A teacher spells out financial plight
Editor's note: Jerry Stogsdill, second grade teacher, Ray Marsh Elementary, Shawnee Mission, Kansas, sent a long,
angry letter to his school board last month. It received widespread press coverage. We reprint it here, somewhat
condensed, to show how a personal story that brings teachers' economic plight into sharp focus.can not only shake
boards into reconsidering their attitudes but also build community support for teacher demands.
In the next few days as you set priorities in the budgeting of school funds, I ask that you keep the following
in mind.
I am a second year teacher in the Shawnee Mission School District. I'm 27 years old.
I felt I had some-
thing to offer as a teacher in this community. I enjoy working with younger children and I felt that the male image
was increasingly needed in our elementary schools. Thus, my decision to specialize in that field.
It has taken me only two years to become discouraged, frustrated and cynical; not with teaching or children,
but with the lack of concern by people in this state for education in general and the welfare of teachers in particular.
Members of the Board, at the present teachers pay, I cannot even provide myself with a comfortable
existence, let alone hope to support a family should I marry. If you find this hard to believe, I would like to submit
my monthly budget for your inspection. After six years of college and two years of teaching, my take-home
pay is an astounding $528.79 a month. Approximately $35 of that is earned supervising intramurals before and
after school
The following is how my $528.79 is divided:
$185.00
Apartment rent (about average for Johnson County). Of course, house payments are out
of the question.
$106.00
Car payment (hardly a luxury sedan)
25.00
Gas
60.00
Food ($15 a week doesn't buy any steak)
20.00
Utilities
$ 8.00
Telephone
The above comes to a total of $404 just to eat, keep a roof over my head and get back and forth to school.
That leaves me with $124.79 a month to live the "good life" on. Of course a few other things like clothes, shoes,
insurance, auto repairs, an occasional piece of furniture and fees to take district-required college courses cut
considerably into that $31 a week. After all that, I didn't know whether to laugh or cry when President Ford called
for Americans to save their money to fight inflation. After two years of teaching, I have not been able to save one
thin dime. I have taken more than one odd job just to have something left in my checkbook at month's end.
So tell me, Members of the Board, for my dedication is slipping rapidly and I'm becoming angry, where
is the impetus to keep quality people in the field of education? What are the rewards that inspire people to work
the many hours before and after school needed to run an effective daily program? What future can Shawnee Mis-
sion teachers look forward to? More unfulfilled promises? A continued drop in buying power? A constant second-
place finish to the cost of living?
Members of the Board, the entire American way of life is based on education. Education provided by teach-
ers who have scrimped and sacrificed on their needs and the needs of their families in order to provide you and your
children with the best possible start in life. Their rewards have been obscurity, public disdain, political exclusion
and financial hardships. Educational esteem in this country and the treatment of its teachers is a disgrace at the
local, state and national level.
Well, Members of the Board, there are rumblings among the masses. No longer will teachers be content to
provide this country with the best educational system in the world and then be cheated by that world. No longer
will they remain quiet while their families suffer and the families of those they have helped educate prosper. It is
time people in this community, this state and this country realize that America's past was built on education and
its future lies in the betterment of its educational system. That betterment is cornerstoned in the dedication of
quality teachers and those teachers are beginning to look elsewhere.
Should this community, this state or this country allow the quality of education to decay, by forcing quality
people out of education due to your cold unconcern for the financial welfare of an historically dedicated group of
people, it would be a disaster this nation would not recover from.
Well, Members of the Board, I may be naive but I still remain optimistic. I still hold to the hope that you and
the people of this community put the welfare of people above paper, pens, filmstrip projectors and buildings. I
still hold to the hope that you realize that our future depends on the education obtained by today's youth. It's
now in your hands whether these children will be taught by well-trained, enthusiastic, dedicated professionals or
by a group of underpaid 8:00-to-3:30 laborers.
BRIEFLY NOTED
One way to help media get the facts straight
Ohio's Cuyahoga Southeast UniServ Unit A, comprising six Cleveland suburban districts, has
printed and sent to area news media personnel a handy booklet listing "vital statistics" for each
local in the unit: number of teachers, students, and schools; state and local revenue per pupil;
expiration date of teachers' current contract; B.A. and M.A. minimums and maximums; and other
basic facts. To be revised annually, this little "fact finder" also includes names and phone numbers
of local presidents and PR chairpersons, an explanation of the services of the UniServ consultant,
and a glossary that defines commonly used bargaining terms.
Strike expectation: a self-fulfilling prophecy?
How do school boards prepare for the spring round of contract talks? With optimism and a
determination to build on past experience so as to make the bargaining process a little smoother
and easier this year? Don't count on it. What many board members have been studying as they
head for the table this spring is advice from their state school boards association on "how to deal
with teacher strikes." In Indiana, for example, a 22-page package circulated to all school boards
lists "indicators" that a strike is imminent and gives detailed advice on how to break it once it
occurs. "It seems the boards have completely misplaced priorities," observes the Indiana State
Teachers Association, which has obtained copies of the strike package and supplied them to all
UniServ offices. "While we work toward settlements, with strikes as the absolute last resort,
[the package] appears to be emphasizing strike preparation, not negotiations preparation. Too
many boards are completely ill-prepared for action at the table. This document may explain why."
Makes a nice paper airplane
In an effort to convince Congress that the tide of public opinion is against collective bargaining
rights for teachers and other public employees, the National Right to Work Committee-a long-time
foe of what it likes to call "union tyranny"-is mailing yet
another of its "surveys" to millions of Americans. Whether
by design or by accident, this one has been sent to a number
Phone 202/833-4484.
of local teachers associations, along with a form letter from
or Lyle Hamilton, coeditors.
or suggestions to Ann Kurzlus
Address comments, criticisms,
appearing in this newsletter.
or otherwise use any item
permission and urged to reprint
Leaders are hereby granted
throughout the United States.
leaders of teacher associations
a year and mailed first class
NEA NOW is published 33 time
Washington, DC 20036
1201 16th Street, N.W.
National Education Association
Congressman William L. Dickinson (R-Ala.) asking for a
financial contribution to the right-to-work cause. Laced with
all the standard references to "force" and "union bosses" and
carefully worded to elicit only the desired response, the survey
questions raise "scare" issues and imply that these will be the
consequences if Congress passes the now-pending federal
bargaining bill. NEA lobbyists who have worked long and hard
in support of this legislation caution against trying to answer
the loaded survey. Whether you indicate "no," you don't want
any of these dire consequences, or "yes," you do, the results
can only be used against you.
Any of your members planning sabbaticals?
FIRST CLASS MAIL
Deadline for applying for fall quarter sabbatical study at
NEA's new International Institute has been extended from
May 15 to July 1. Opening in London in September, the
Institute will offer accredited, individually designed programs
in comparative education and culture especially suited for
teachers on sabbatical leave. Several U.S. companies and
foundations have made funds available for scholarships to help
foot the cost of study at the Institute in such areas as economics,
Washington, DC
urban education, and business practices. For complete informa-
#2682 Permit
Paid 10g
U.S. Postage
First Class Mail
tion and an application form, write to Mrs. Natalie Gladstone,
NEA International Institute, 1201 16th St., N.W., Washington,
D.C. 20036.
National Right To Work Committee
A COALITION OF EMPLOYEES AND EMPLOYERS
HEADQUARTERS AT THE NATION'S CAPITAL
May 21, 1975
Mr. John Vickerman
Office of the White House
1600 Pennsylvania Ave., N.W.
Washington, D.C.
Dear John:
Thanks for your note.
I talked with your aide and gave her the names of our people who
will be in attendance.
We are looking forward to the meeting next Wednesday.
By the way, I am sure you have seen the Joe Young piece in the
Star. Attached is my response to that story. Quite frankly,
it is obvious the Star needs à good managing editor!
For your background interest, the National Committee was founded
20 years ago and now has more than 150,000 enthusiastic supporters.
A brochure on our organization is attached.
Do call my office (Herb Berkowitz will answer) and let me know
how many of your people you expect to be on hand, who they will
be if you know and any special instructions on format.
Best wishes. See you the 28th.
Sincerely,
CERALD R. FORD LIBRARY
Hugh C. Newton
Director of Information
attachments
HCN: 1h
WASHINGTON D.C. HEADQUARTERS: 8316 ARLINGTON BOULEVARD (U.S. 50) SUITE 600
FAIRFAX, VIRGINIA 22030
TEL. (703) 573-8550
"Americans must have the right but not be compelled to join labor unions"
National Right To Work Committee
A COALITION OF EMPLOYEES AND EMPLOYERS
HEADQUARTERS AT THE NATION'S CAPITAL
May 21, 1975
Mr. James G. Bellows
Editor
WASHINGTON STAR
225 Virginia Ave., S.E.
Washington, D.C. 20061
Dear Mr. Bellows:
With reference to the piece by Joe Young on Usery and "Federal
Union Bargaining": it seems to us that your readers should have
been informed that Mr. Usery is a former union official (Grand
Lodge Representative of IAM) and less than 18 months ago was
offered the #3 spot in the AFL-CIO hierarchy.
For these reasons, his position on "Federal Union Bargaining"
is not surprising (nor front page headline news -- he has said
most of this before and in public).
Finally, while union officials may be "heartened" that their
White House spokesman favors compulsory public sector bargaining,
we are heartened by the fact that our supporters (grass roots
America -- see Federal Times, May 28) have no intention of
allowing such legislation to be enacted this year or any other
year.
Best wishes.
Sincerely,
Hugh C. Newton
Director of Information
attachments
HCN: 1h
WASHINGTON D.C. HEADQUARTERS: 8316 ARLINGTON BOULEVARD (U.S. 50) SUITE 600
FAIRFAX, VIRGINIA 22030
TEL. (703) 573-8550
"Americans must have the right but not be compelled to join labor unions"
Shirtsleeves
Sunny today, high in
the mid-80s. Fair to-
60s. Partly cloudy
tomorrow, high in the
The Washington Star
CAPITAL
night, low in the mid-
SPECIAL
mid 80s. Details: B-4.
TUESDAY, MAY 20, 1975
Copyright © 1975
The Evening Star Newspmper Co.
Phone (202) 484-5000
CIRCULATION 484-3000
CLASSIFIED 484-6000
15 Cents On Newsetand
Ford Aide Backs Federal Union Bargaining
By Joseph Young
presidential executive order under
collective bargaining in the federal
cy in the government's own house,"
true collective bargaining to your
gers." He noted that illegal strikes or
Washington Star Staff Writer
which the present program operates
sector" under the present system
Usery continued.
members."
walkouts by federal employes could
President Ford's chief aide on
is woefuly inadquate.
whereby management deals with
Pulling no punches, Usery added,
result if true collective bargaining
"Everyone knows that an execu-
Although Usery in the past has
labor-management affairs has come
unions under a presidential executive
out strongly in favor of collective
tive order, in the minds of many, is a
"The end product, all too frequently,
order.
generally given rather mild philosph-
rights are not given them.
bargaining rights under law for
weak substitute for law," Usery told
is a contract that simply restates
"And so long as unions are re-
ical endorsement of federal employe
an American Federation of Govern-
what management says management
bargaining rights by law, he never
Federal employe leaders are
federal employes and their unions.
stricted from bargaining on all of the
ment Employes banquet in Salt Lake
will do - and providing only the
vital economic issues - wages, pen-
until now stated his views so strongly
greatly heartened by Usery's speech,
In what appears to be a change in
City.
protection to grieve should manage-
and emphatically nor advocated im-
feeling that it will give a great boost
sions, medical care, vacations, holi-
"An executive order - whether
ment violate its own rules."
the administration's attitude, W. J.
mediate action as he does now.
to pending legislation in Congress to
days, insurance and many aspects
give government unions true collec-
Usery Jr., special assistant to the
from the hand of a Republican or
of a multitude of noneconomic issues
Usery concluded, "I believe that
In fact, in his AFGE speech, Usery
tive bargaining rights. They appear
President on labor relations and the
Democrat - bears the inescapable
- seniority, job transfers, discipline,
this condition, in itself, can and
said any delay in enacting such col-
confident that such a law will be
director of the Federal Mediation
mark of management," Usery said,
promotion, union security there can
should be relieved through the adop-
lective bargaining rights under law
enacted either this year or next year
and Conciliation Service, said the
adding that "there is precious little
be no fulfillment of our national poli-
tion of federal legislation bringing
"carries with it some inherent dan-
at the latest.
FEDERAL TIMES
May 28, 1975
GRAPEVINE
RELUCTANT CREDIT -The
National Right to Work Committee,
which apparently is responsible for
launching a massive letter writing
campaign; is being given credit by
some union officials for aborting a
legislative drive to launch the agency
shop in the U.S. Postal Service.
The bill was a major objective of
the American Postal Workers Union
and several of the other exclusive
unions that dominate the postal work
force.
Unlike right-to-strike legislation,
the measure never left Rep. Charles
H. Wilson's postal facilities, mail and
labor-management subcommittee.
And the betting is that for the next
several years anyway, the agency
shop will remain a dead issue.
ABOUT THE ISSUE:
OFFICERS
"If I were a wage-earner, I might well be inclined
Chairman: Raymond C. Losornio
Executive Vice President: Reed Larson
Vice Chairman: W. K. Lomason
Vice President: Andrew E. Hare
to join a union.
But I would want to have the
President: S. D. Cadwallader
Vice President and Secretary: Charles W. Bailey
choice of joining a union. I would not want to be
Counsel: Whiteford S. Blakeney
compelled to join.
Moreover, compulsory union-
ism and corruption go hand in hand."
BOARD OF DIRECTORS
U.S. Senator John McClellan, Democrat, Arkansas
The Hon. Watkins M. Abbitt
Reed Larson*
Attorney
Executive Vice President
Former Member,
National Right to Work Committee
"In the final analysis, the right of management
U.S. House of Representatives
Washington, D.C.
Appomattox, Virginia
W. K. Lomason,* President
and unions to contract should not override the
THE RIGHT
Mrs. Carol Applegate
Douglas & Lomason Company
natural right of a person to make a free and un-
School Teacher
Atlanta, Georgia
TO WORK
coerced choice with respect to the earning of a
Grand Blanc, Michigan
Raymond C. Losornio*
Buell Baclesse
Past-President
ISSUE:
livelihood for himself and his family."
Building Materials Supplier
Tulsa Local, National
U.S. Senator John Tower, Republican, Texas
Jefferson City, Missouri
Federation of Federal Employees
William A. Barry, Maintenance
Huntsville, Alabama
Worker & Former Member of
Gerald Marker
Building Service Employees
Agency Fee Member, IAM
Union
Sherman Oaks, California
Salem, Oregon
Carl Monroe
Whiteford S. Blakeney, Attorney
N. C. Monroe Construction Co.
"WHAT OTHERS SAY"
Charlotte, North Carolina
Greensboro, North Carolina
Mrs. Phillips Verner Bradford
James Nixon, Employee
Journalist
Detroit Department of Health
Princeton, New Jersey
Detroit, Michigan
Dr. Paul W. Brauer,* Pastor
Mrs. John (Jack) G. Pew
Our Savior Lutheran Church
Housewife
St. Petersburg, Florida
Dallas, Texas
Howard Brown, Railway
Thomas F. Quinlan, Educator
Worker & Member of Brother-
New Preston, Connecticut
ABOUT THE COMMITTEE:
hood of Railway Clerks
William B. Ruggles, Editor
Trenton, New Jersey
Emeritus, Dallas Morning News
"Thank you for the outstanding service you
James V. Burton, President
Dallas, Texas
Laramie Warehousing Corp.
Dr. C. Ralston Smith
should
rendered the entire nation in eliminating from the
Laramie, Wyoming
Special Assistant
postal bill the clause calling for compulsory union-
W. B. Camp, Grower
Billy Graham Association
Bakersfield, California
Bethesda, Maryland
ism. This was one of the greatest victories for indi-
Stephen DuBrul
Mrs. Kennedy Smith, National
AMERiCANS
vidual rights and constitutional government in my
Retired Business Executive
Chairman, Women's Organiza-
Lake Orion, Michigan
entire twenty-two years in Congress."
tion for Right to Work
Jonathan C. Gibson, Attorney
Pittsburgh, Pennsylvania
U.S. Representative Wm. Jennings Bryan Dorn
San Diego, California
Mrs. DeWitt Thompson*
Democrat, South Carolina
E. M. Hammond,* Personnel Director
Housewife
H. B. Zachry Company
Tampa, Florida
bE COMPELLED
San Antonio, Texas
W.L. Thornton,* President
Thomas J. Harris, President
Florida East Coast Railway
"The importance of the public obtaining knowl-
Management Enterprises, Inc.
Company
edge on this issue (the use of compulsory dues for
Oklahoma City, Oklahoma
St. Augustine, Florida
TO join
M. Merle Harrod, Chairman
John Waldum, Jr.
political purposes) cannot be overstated. The Na-
Wapakoneta Machine Company
Former Member, IAM
tional Right to Work Committee has proven it can
Wapakoneta, Ohio
Lake Park, Florida
do this type of job better than anyone else."
Agar Helmick, Member
Louis E. Weiss, President
LAboR UNiONS?
Pipefitters Union
Midland Industries, Inc.
U.S. Senator Paul Fannin, Republican, Arizona
Overland Park, Kansas
Wichita, Kansas
Kenneth C. Kellar*
Dr. Ernest L. Wilkinson
Attorney & Businessman
President Emeritus
Lead, South Dakota
Brigham Young University
"Businessmen, individually or in groups, are in no
Rev. Edward A. Keller, C.S.C.
Provo, Utah
position to cope with union pressure, and govern-
Professor Emeritus, Economics
John Wilson, School Teacher
Notre Dame University
Neosho, Missouri
ment has shown little desire or ability to do so.
Notre Dame, Indiana
Erwin L. Wolber, Route Sales-
The only hope apparently is for businessmen to
Mrs. Juanita Lamuel
man & Former Member of
cooperate with the National Right to Work Com-
Production Employee
the Teamsters Union
North Little Rock, Arkansas
Cincinnati, Ohio
mittee.
This organization has one basic aim-
to end compulsory unionism."
*Member Executive Committee
Editorial, PIT and QUARRY Magazine, September, 1970
THE NATIONAL RIGHT TO WORK COMMITTEE
THE NATIONAL RIGHT TO WORK COMMITTEE
A coalition of citizens from all walks of life-
1990 M Street, N.W./Washington, D.C. 20036
including union members
NRTW 106
THE problem
THE COMMiTTEE
THE PROGRAM
Today, under the sanction of federal laws,
The National Right to Work Committee has
The National Right to Work Committee's pro-
unions and management can make agreements
only one purpose-to protect the right of citi-
gram:
whereby employees can be forced into a union.
zens to get and hold jobs whether they belong
Under such compulsory "union shop" agree-
to unions or not.
1) Conduct a national education program de-
ments, the employee must either join and pay
Organized in 1955, the Committee's 42,000
signed to bring about understanding of the
dues and fees to the union or be fired from
supporters and members include thousands
Right to Work principle.
his job.
of employees, both union and non-union, as
2) Work to obtain legislation which will:
This situation exists in 31 states. Only in the
well as business firms, homemakers, clergy-
men, educators and people from all walks of
Curb the use of compulsory union dues
19 states which have enacted state Right to
Work laws-authorized by the federal law-can
life.
for political activity.
employees exercise freedom of choice to join
The Committee is incorporated as a not-for-
Protect public employees against com-
or not join a union.
profit corporation and is governed by a Board
pulsory unionism.
Compulsory union membership is the source
of Directors. Working under the Board's direc-
Prevent compulsory unionization of farm
of union officials' excessive political and eco-
tion, the executive staff in Washington, D.C.,
workers.
nomic power. It is the real root of most of the
implements the program and carries forward
corruption in labor unions today.
the activities of the organization.
Ultimately provide national Right to Work
Over the years the Committee has won
protection covering all employees.
The right of workers to organize has been
steadily increasing recognition for its work in
perverted to include the privilege of compelling
3) Provide assistance in organizing state-wide
exposing and combating the evils of forced
men to join labor organizations against their
citizen movements to promote, enact, and
union membership. The Committee demon-
will, and the privilege of forcing employers to
herd their employees into unions. Right to
strated its effectiveness by blocking an all-out
protect state Right to Work laws.
Work laws seek to remedy these flagrant
drive by union officials in 1965 to repeal Sec-
4) Safeguard Section 14(b) of the Taft-Hartley
abuses of power.
tion 14(b) of the Taft-Hartley Act which affirms
Act. (That part of the National labor law
the right of states to enact Right to Work laws.
which reaffirms the right of states to have
Right to Work simply means that an indi-
More recently, the Committee scored an even
Right to Work laws.)
vidual has the right to join a union, and a
more significant victory when the Congress
corollary right to refrain from joining a union
voted to include Right to Work protection in
without losing his job.
the postal reform bill.
The Committee supports no political party.
NINETEEN STATES NOW HAVE
RIGHT TO WORK GUARANTEES
It endorses no political candidates.
RIGHT TO WORK LAWS
A FREE CHOICE
Participation in the program of the National
Right to Work Committee, as well as financial
support to carry out its program, is voluntary.
May 16, 1975
MEMORANDUM FOR:
ROGER SEMERAD
DOMESTIC COUNCIL
JOHN READ
EXECUTIVE ASSISTANT TO THE SECRETARY OF LABOR
FROM:
JOHN C. VICKERMAN
OFFICE OF PUBLIC LIAISON
SUBJECT:
Meeting with National Right To Work Committee
Thank you for agreeing to meet with the National Right to Work Committee
at 10:00 a.m. on Wednesday, May 28. We will hold the session in Room 102
of the Old Executive Office Building -- this is Bill Baroody's Conference
Room.
Hugh C. Newton, Director of Information for the above Committee, and two
or three other gentlemen interested in the question of federal employee
unions have a presentation they would like to make, and there will
probably be some discussion afterwards.
I would guess that the whole
meeting should last no longer than 45 minutes.
Thanks and see you then.
Copy to:
Bill Baroody
May 16, 1975
Dear Hugh:
As we earlier agreed, we will be expecting your group at
10:00 a.m. on May 28 in Room 102 of the Old Executive
Office Building for your presentation and a general
discussion of public employee union legislation. We
will have representatives from the Department of Labor
and the Domestic Council.
Please advise my office a few days ahead of time who will
be attending so that we can make the necessary arrangements
for admission to the Old Executive Office Building.
We're looking forward to seeing you.
With best regards.
Sincerely,
John C. Vickerman, Director
Business and Trade Associations
Mr. Hugh C. Newton
Director of Information
National Right to Work Committee
8316 Arlington Boulevard, Suite 600
Fairfax, Virginia 22030
Copy to:
Counsellor Marsh
EPS FORM 25
(01-74)
EXECUTIVE PROTECTIVE SERVICE
To: Officer-in-charge
Appointments Center
Room 060, OEOB
Please admit the following appointments on Wednesday, May 28 10:00 a.mpo , 75
for
JOHN VICKERMAN /WILLIAM J. BAROODY, Jr. of OFFICE OF PUBLIC LIAISON. :
(Name of person to be visited)
(Agency)
BERKOWITZ, Herbert
HARE, Andrew
LARSEN, Reed
NEWTON, Hugh
READ, John (Department of Labor
ZON, Don
GERALD R FORD LIBRARY
G.
MEETING LOCATION
Requested by JOHN VICKERMAN/ANGELA RAISH
Building OLD EXECUTIVE OFFICE BLDG.
Room No. 197 Telephone
6441
Room No. 102
Date of request May 27, 1975
Additions and/or changes made by telephone should be limited to three (3) names or less.
DO NOT DUPLICATE THIS FORM.
APPOINTMENTS CENTER: SIG/OEOB - 395-6046 or WHITE HOUSE - 456-6742
MEETING CHECK-OFF LIST
ASSOCIATION:
NATIONAL RIGHT TO WORK COMMITTEE
CONTACT:
HUGH C. NEWTON, DIRECTOR OF INFORMATION
TELEPHONE:
573-8550
DATE:
May 28
FORD LIBRARY
GERALD
TIME:
10:00 - 11:00
ROOM:
102 - Baroody Conference Room - Maureen o.k.
BRIEFERS:
Roger Semerad, Domestic Council
John Read, Exec. Asst. to Secretary of Labor
LETTERS AND MATERIAL SENT TO BRIEFERS:
May 16
PHOTOGRAPHER:
NO
PRESIDENTIAL GIFT:
SECURE ELEVATOR:
N/A
(If Room 450)
Done
CLEARANCES:
CLEARANCES FOR BRIEFERS:
Just Mr. Read
N/A
SLIDE PROJECTOR:
COFFEE:
N/A
National Right To Work Committee
FORD
LIBBRA
A COALITION OF EMPLOYEES AND EMPLOYERS
HEADQUARTERS AT THE NATION'S CAPITAL
GERALD
May 28, 1975
Mr. John C. Vickerman, Director
Business and Trade Associations
THE WHITE HOUSE
1600 Pennsylvania Ave., N.W.
Washington, D.C.
Dear John:
Thanks for your time, attention and interest. We certainly
appreciated the opportunity to provide the administration
with some opinions on public employee bargaining legislation,
opinions that we believe reflect those of a substantial portion
of the American voting public.
In our mutual interest, I do hope that the door opened today
will stay open.
You may find the cover story and Kilpatrick column in our
current NEWSLETTER of some interest.
Best wishes.
Sincerely,
Hugh C. Newton
Director of Information
attachments
HCN: 1h
CC: John Reed
Roger Semerad
WASHINGTON D.C. HEADQUARTERS: 8316 ARLINGTON BOULEVARD (U.S. 50) SUITE 600
FAIRFAX, VIRGINIA 22030
TEL. (703) 573-8550
"Americans must have the right but not be compelled to join labor unions"
MAY 1975
NATIONAL
RIGHT TO WORK
RIGHT TO WORK
NEWSLETTER
Published by the NATIONAL RIGHT TO WORK COMMITTEE
8316 Arlington Blvd., Fairfax, Va. 22030
Vol. XXI, No. 5
May 28, 1975
MAYORS' LAWSUIT COULD DOOM
PUBLIC SECTOR "LABOR" LEGISLATION
A landmark lawsuit argued recently before the U.S.
them from the Congress.
Supreme Court could doom the controversial public
At this point, how-
sector "labor" legislation now before Congress-if
ever, this is just specula-
the court rules to uphold the sovereignty of America's
tion-depending on the
15,000 cities.
outcome of the lawsuit.
The legislation avidly sought by the bosses of Big
In a speech at the an-
Labor would force public employees to accept un-
nual meeting of the Na-
wanted union representation and would legalize compul-
tional Right to Work
sory union arrangements compelling them to pay union
Committee, Senator Garn
dues for the unwanted and unasked-for "services."
said the Supreme Court
State, county and local governments would be re-
decision will determine
quired under the law to "bargain" with union officials
"whether locally elected
over a variety of issues-including the individual rights
officials who are respon-
of their employees.
sible and accountable to
(Hearings on the proposals will be held by the House
their electorate at elec-
Education and Labor Committee. Members of this
tion time have the right
committee-see April NEWSLETTER-received more
to make decisions in
than $429,000 in cash campaign contributions from
their own cities and be
union officials last year.)
held accountable to them.
According to Sen. Jake Garn (R-Utah), former
"And if (they) do, it's
mayor of Salt Lake City and vice president of the
going to forestall a lot of
National League of Cities, the important Supreme Court
future legislation," he
case challenges the authority of the federal bureaucracy
said, making a direct ref-
to intervene in the internal employment practices of
erence to the proposals
Sen. Jake Garn
the states, and their political subdivisions. The case
to impose compulsory collective bargaining on the
involves the Fair Labor Standards Act.
states, counties, and cities, and compulsory union
membership on their workers.
NEW CHALLENGE
If the court decides the federal government doesn't
Senator Garn warned that federal intervention of this
have the constitutional authority to dictate employment
type could lead to "the destruction of the most brilliant
policies to the states, Congress will be less likely to
system of government ever devised on the face of this
enact the proposed compulsory unionism "bargaining"
earth," a system which separates the state and national
bills.
government "each with their own duty," with the people
By the same token, denied what they want on the
closest to the electorate making the basic decisions.
federal level, union lobbyists undoubtedly would turn
"That's being taken away, and it's being taken away
their full attention to the 34 states where compulsory
by a Congress who wants to compel, who wants to
dictate."
public sector unionism is now illegal.
Opponents of compulsory unionism would be faced
LEADING SPOKESMAN
with a renewed flurry of activity in dozens of
states as the union hierarchy attempts to grab in the
Since his election last year, Senator Garn has
state legislatures what the Supreme Court has denied
(Continued on page 6)
Labor Secretary Dunlop,
In hearings before the Senate Committee on Labor
and Public Welfare, on February 25, Larson warned
Labor Department Officials,
that Dunlop is insensitive to the rights of working peo-
ple is among the small minority of Americans who
National Right To Work Committee
Boycott Non-Union Workers
believe that the power and privileges of union officials
are more important than the liberty and freedom of
Consistent with his unswerving
wage earners."
SPECIAL REPORT TO MEMBERS
dedication to compulsory un-
Larson said "that the public interest in general and
REED LARSON, Executive Vice President
ionism, John T. Dunlop is put-
OF
the interest of America's wage earners in particular are
ting the power and prestige of
poorly served by the selection of a Secretary of Labor
his post as Secretary of Labor
who embraces the philosophy of compulsory unionism.
behind a campaign to force
Certainly this bespeaks a bias on his part against the
Dear Member:
workers to submit to unwanted
rights of working people and in favor of the privileges
The lawsuit by ten international unions against the Committee and National Right to
union membership.
of union officials. This bias is certain to be reflected in
Work Legal Defense Foundation, described by a union spokesman as "the largest multi-
According to news reports,
the actions and decisions of a cabinet member who
union legal action ever undertaken,' is reaching a critical stage.
Dunlop and several other labor
should be acting in the public interest and not on behalf
of a small, powerful special interest group-the officials
Federal Judge Charles Richey has ordered us to open up our contributor lists to the
department officials (some of whom are openly identi-
officials of international unions. We have been told by the U.S. Circuit Court of
fied as "former" union professionals) are participating
of organized labor."
Appeals that this damaging disclosure order can be reviewed by higher courts only if
in a supposedly informal "boycott" of a new labor
As Secretary of Labor, Dunlop is supposed to repre-
the Committee and the Foundation place themselves in contempt of court by disobeying
department cafeteria which employs workers unaffili-
sent not only the interests of union organizers, but the
Judge Richey's order.
ated with unions.
interests of working people as well-including the 75
In a letter to the President, National Committee
percent of the workforce who have exercised their
We have been placed in this difficult position despite the fact that not a shred of
evidence has been presented by the ten union-plaintiffs that the Committee or the
executive vice president Reed Larson called the Sec-
supposed right not to affiliate with labor organizations.
Foundation is violating any federal law. We have already submitted to lengthy "dis-
retary's action's "unconscionable" and coercive-and
By refusing to acknowledge the rights of these em-
covery" proceedings, providing the unions with extensive financial data, correspon-
called on the President to have Dunlop issue a public
ployees, Dunlop has seriously compromised his ability
dence, mailings, Board meeting minutes, and 1,020 pages of sworn testimony.
apology. The alternative, Larson said, would be to
to serve the country as an impartial Secretary of Labor.
"ask for his resignation."
NEWSLETTER readers can contact the Secretary
Although the initial order by Judge Richey involves only 190 of the larger "company"
contributors to the Foundation, our disclosure of these names could undermine the
at Room 3140, Department of Labor, 14th & Consti-
PREDICTABLE
last bulwark of defense against being forced to turn over the name of every indivi-
tution Ave., N.W., Washington, D.C. 20010. Copies
dual contributor.
Dunlop's actions come as no surprise!
of the letters should be sent to the President.
Furthermore, counsel for the ten giant unions has admitted in open court that, imme-
diately upon getting their hands on the names of Right to Work contributors, these
names will be sorted by geographical areas and transmitted to local union bosses
throughout the country for "discreet inquiry." It requires little imagination to
If goons prevail, freedom dies
visualize what the "discreet inquiry" will mean to thousands of union-member-contri-
butors and to small independent businessmen. The tactics of union officials in deal-
ing with "recalcitrant members" and other vulnerable individuals are well-known. As
"It was just horrible," one witness
dalism at three sites since early
former Solicitor-General Archibald Cox wrote ". there are many ways, legal as well
An Editorial
said. "I don't see how it could be al-
March.
as illegal, through which entrenched (union) officials can 'take care of' recalcitrant
lowed to happen in America."
members."
We make no judgment of guilt re-
PHILADELPHIA INQUIRER
Neither do we. It certainly should
garding any individual or organiza-
not be tolerated in America.
We feel a heavy responsiblity in reaching this crucial decision a responsibility
tion. That is for the courts to decide.
both to the future of the vital work of the Right to Work organizations and to the
April 11, 1975
Some 20 to 30 persons wearing
But it is imperative that there be vig-
constitutional rights and personal security of tens of thousands of fine Americans
masks invaded a non-union construc-
orous investigation and prosecution of
who contributed generously to help right the wrongs of compulsory unionism. In order
tion site in Cherry Hill, beat workmen,
not only those who perpetrated the
to protect our contributors from reprisal by vindictive union officials, we are faced
damaged their autos and company
despicable acts but those who ordered
with having to decline respectfully and formally to obey an order of a federal judge.
equipment, and knocked down a wall
and planned them.
being erected for a shopping center.
Sabotage of non-union construction
I am prepared, after discussions with my family, to take whatever personal risks are
Four of the alleged assailants, chased
sites is a pattern not confined to New
necessary to preserve the principles of the Committee and Foundation and the constitu-
and caught by police, were identified
Jersey. Massive assaults on Altemose
tional rights of our loyal contributors. We invite the advice and counsel of any of
as members of the Cement Masons
our supporters.
Construction Company projects in
Union of Camden, affiliated with the
Southeastern Pennsylvania suburbs
Building and Construction Trades
are infamous examples of raw power
Council of Camden.
to harass and intimidate and destroy.
Laison
This and other building sites of the
A person's right to earn a living,
Tallmen Construction Company in
whether in a union or non-union job,
Camden, which employs non-union
is the most fundamental of civil rights.
labor, are being picketed by the Trades
It must not be surrendered to goons
Council. There have been acts of van-
seeking to substitute force for law.
NATIONAL RIGHT TO WORK NEWSLETTER is published monthly by the National Right to Work Committee, 8316 Arlington Blvd., Fairfax, Va.
22030. Subscription: $2.00 annually. Vol. XXI, No. 5, May 28, 1975. Second-Class postage paid at Fairfax, Va., and additional mailing offices.
2
3
At Annual Meeting
Prof. Sylvester Petro, Wake Forest University law pro-
fessor (left) doesn't have to persuade Terence Florin
(center) and Leon W. Knight that compulsory unionism
Right to Work Committee
is wrong in higher education. Florin, a psychology
instructor, and Knight, a teacher of black studies, are
employed by the Minnesota State Community College
Marks 20th Anniversary
system-and are involved in a milestone lawsuit chal-
lenging the state-imposed requirement that they accept
The National Right to Work Committee's 20th Anni-
an unwanted union as their "exclusive" agent.
versary, being celebrated in 1975, provided the theme
for this year's board of directors meeting May 8-9 in
Washington.
Among the many notables on hand for the occasion
were Hon. Shelby Cullom Davis, U.S. Ambassador to
Switzerland; journalist William B. Ruggles, who coined
the term and the legal concept of Right to Work in a
Labor Day 1941 Dallas Morning News editorial; author
Richard deMille, son of the late film producer Cecil B.
DeMille (see page 7), more than a dozen members of
National Committee Board member Carol Apple-
Congress, and several distinguished academics.
gate (left), Grand Blanc, Mich., school teacher,
One of the highlights of the meeting was the annual
and Sarah Barrie, Detroit public school guidance
counselor listen pensively to a discussion of com-
awards banquet honoring wage-earners who have dem-
pulsory unionism in education.
onstrated an outstanding understanding of and commit-
A happy Hubert Albertz acknowledges
ment to the principle of voluntary unionism.
the applause given him after being
presented the John Seeley Memorial
Honored this year were college professors, a janitor,
Award.
school teachers, a medical technician, waitresses, a
farm worker, electricians, and several others.
Hubert Albertz of New York City received the John
Seeley Memorial Award, which is presented annually
to the person most clearly demonstrating the qualities
of leadership, integrity and dedication to the Right to
Work principle. And Sarah Barrie of Detroit received
the Senator Everett M. Dirksen Award, given annually
to the person who makes the most outstanding contribu-
tion to public awareness and understanding of the Right
to Work principle.
A Belgian immigrant, Albertz came to this country
looking for hope-and found compulsory unionism.
Albertz has been at odds with the bosses of the AFL-
CIO Services Employees' Union for many years-dat-
ing back to the time when he dared to ask how his dues
Senator Garn gets a Right to Work history
and union treasury funds were being used, following
lesson from William B. Ruggles, editor
an arbitrary dues increase. Hounded out of the union,
emeritus of the Dallas Morning News.
and fired from his job as a building supervisor, he was
forced to pick up stakes and move to another section
of New York City in order to resume employment.
Mrs. Barrie is a guidance counselor in a Detroit,
Michigan, high school, and one of several hundred
The subject on the minds of
National Right to Work Committee executive vice president, Reed Larson
Detroit teachers putting up stiff resistance to compulsory
(from left) Leon Knight,
(right), presents a commemorative scroll to Richard deMille, son of the late
unionism in their schools. Her feelings on compulsory
Susan Staub, and Lance
Cecil B. DeMille, marking the 30th anniversary of DeMille's epic battle over
unionism gained national attention last year as a result
Lohr is compulsory union-
compulsory unionism (see page 7). Looking on are (from left) board chairman
ism in the schools. Knight is
of a moving column she wrote for the widely read De-
Raymond Losornio, and board member Kenneth Kellar, a close personal friend
an instructor in a Minnesota
troit Sunday News Magazine. She has been in the
of the late film producer, and a former director of the DeMille Foundation for
community college; Lohr
Political Freedom. Remembering the events of 30 years ago, Richard deMille-
school system for 32 years, many of them as a volun-
teaches history in the Phil-
himself an author, television director, and former union member-said that he
tary member of the Detroit Education Association.
adelphia Catholic school
Eighteen other wage-earners from across the country
system, and Mrs. Staub, a
had come across country from California not because he had to, but "because
I
wanted
the
former school teacher, is
opportunity
to say he was on the right side." He added,
"I
also were honored.
director of the National
believe that human beings innately want to make their own decisions."
Committee's educational
4
services program.
Udall Pledges 14(B) Repeal
A 30-Year Retrospective
Right to Work NEWS BRIEFS
If union officials can get him elected president, Ari-
zona Democrat Morris Udall will repay the favor by
CECIL B. DEMILLE REMEMBERED
GEORGE WALLACE FOR COMPULSORY UN-
"leading the fight" to repeal section 14(b) of the Taft-
IONISM?-State Rep. Douglas Johnstone (Mo-
Hartley Act, the Right to Work provision.
The Ten Commandments, Feet of Clay, The Volga
time had an audience of 20-30 million Americans
That's the promise Congressman Udall made re-
Boatman, The King of Kings, The Sign of the Cross,
every Monday evening. In terms of money, the job
bile) has introduced legislation which would destroy
cently to union bosses in Cleveland, Ohio.
Cleopatra, The Plainsman, Samson and Delilah, and
meant only $100,000 a year to DeMille.
the Alabama Right to Work law by legalizing
compulsory "agency shop" arrangements. Gov.
Congressman Udall told the union bosses that the
The Greatest Show on Earth.
"On the other side of the scale was $1-with my
George Wallace had quietly promised union officials
only reason he voted against repeal in 1965-1966 was
These were just a few of the more than 70 films
political freedom pinned to it."
during a previous session of the legislature that
because "he followed his constituents' wishes."
made during his career which helped immortalize
After much agonizing, and against the advice of
he would support such a bill-but quickly di-
Apparently, that's no longer a good enough reason.
Cecil B. DeMille to film goers, critics, and historians
many close, personal friends, DeMille made his deci-
vorced himself from the proposal when Alabama
He now feels the political money and resources union
here and abroad.
sion. He refused to be coerced into paying the dollar.
voters and opinion leaders appeared ready to stage
officials can throw his way are more important consid-
His innovations-the development of real sets,
an electoral revolt. Newspapers printed copies of a
erations than the wishes of the two-thirds of the Ameri-
the use of close-ups for the first time-combined with
LAST SHOW
letter in which the Governor allegedly promised to
can people who favor Right to Work.
his still unequalled showmanship-panoramic loca-
He conducted the Lux Radio Theater of the Air
support compulsory unionism legislation, but the
The National Right to Work Committee suggested
tions, all-star casts, glittering costumes, boldness and
for the last time on January 22, 1945. After that he
letter was claimed to have been sent by Wallace staff
in an April 28 public statement that Udall's desperate
bigness-have left their mark on an industry, an art,
was banned permanently from radio and television.
members without his authorization. In view of his
effort to win campaign support from the bosses of Big
and generations of critics and fans alike.
But that wasn't the end.
presidential aspirations, the Governor's reaction to
Labor "will undoubtedly backfire, and not only harm
But a greater legacy, given just a single line in
DeMille became a tireless crusader for the Right
the current proposal will be worth noting
his chances for the presidency-but also cost him in
his biography in the Encyclopedia Britannica, has
to Work cause.
LOUISIANA RIGHT TO WORK-The Louisiana
Arizona if he is forced to run for reelection to Congress
all but been forgotten.
On March 17, 1945, friends purchased air time
legislature erupted into political warfare during the
or is a candidate for the U.S. Senate" (unless, of course,
It all started in August 1944 when Cecil B. De-
so he could tell the American people, over a nation-
first week of the new legislative session when union
he switches his position again).
Mille received a letter from the American Federation
wide radio broadcast, exactly what had happened.
lobbyists insisted that proposed Right to Work leg-
Calling Udall's political about-face a "betrayal and
of Radio Artists, one of the two unions to which
The response was overwhelming.
islation-introduced in both the House and Senate-
a sell-out," executive vice president Reed Larson noted
he belonged. (The other was the Screen Directors'
The letters "came from every part of the country
be assigned to union boss-controlled "Labor" Com-
that an Opinion Research Corporation study released
Guild.)
and from every fighting front where Americans were
mittees. The bills' sponsors, Sen. Jackson B. Davis
just a year ago showed that 74 percent of the American
In the letter, DeMille was told that officials
still at war. They were from Democrats and Repub-
(Shreveport) and Rep. B. F. O'Neal (Shreveport),
people favor retention of 14(b).
of the Los Angeles local of AFRA had voted to
licans, rich and poor, men, women, and even children
wanted them assigned to committees where the bills
"Congressman Udall, by aligning himself with the
assess each member of the local a one dollar politi-
in all walks of life. Many of the most touching," he
stood a chance of getting a fair hearing. The House
powerful bosses of Big Labor against the vast majority
cal assessment to be used in opposing a proposition
noted, "came from union members or their wives.
"labor" committee promptly rejected the proposal
of the American people, has sealed his own political
scheduled to appear on the California ballot in the
The gist of them all was much the same: 'Do some-
PUBLIC SECTOR-Legislation authorizing the
fate."
November general election. That proposition was
thing to keep what has happened to you from hap-
compulsory unionization of public employees was
NEWSLETTER readers can contact Congressman
"Proposition 12", which would have outlawed com-
pening to the rest of us.'
still pending in several states at NEWSLETTER
Udall at 1424 Longworth House Office Building, Wash-
pulsory unionism in the state.
ington, D.C. 20515.
Many of the letters had money in them, which
press time. Among the most serious threats are the
Here is how he described the situation: "When I
created a new problem: What to do with it.
bills in New York, New Hampshire, Colorado, and
received the letter, I knew, or thought I knew, some-
To those who sent dollar bills asking him to pay
Connecticut FORCED "MEMBERSHIP" VER-
PUBLIC SECTOR
thing about an American citizen's right to political
the assessment and return to the air, he returned
BOTEN-The U.S. Court of Appeals for the Ninth
(Continued from page 1)
freedom. When I studied Proposition 12, I decided
the money. "But others sent money
in some
Circuit has reaffirmed previous court rulings that a
to vote for it. And here my union was demanding
emerged as a leading spokesman for local government
instances as little as a dime, all they could afford"
worker can not, under the National Labor Relations
that I pay $1 into a political campaign fund to per-
autonomy and the rights of public employees. Instead
for DeMille to use to fight the power that could cut
Act, be forced to become an actual union member.
suade other citizens to vote against Proposition 12:
of giving them "rights," he says the proposed com-
At most, the court recently decided in the Hershey
was demanding in a word that I cancel my vote with
off a man's livelihood if he refused to obey its dic-
pulsory union legislation would deprive them of basic
my dollar. Even if I were opposed to Proposition 12,
tates. "This money was a sacred trust," he wrote,
Foods case, a worker can be compelled to pay
rights, while giving union professionals additional co-
and resulted in the birth of the DeMille Foundation
"agency shop" fees and assessments
SHAPP
I asked myself, did my union, did any organization,
ercive powers and special privileges.
for Political Freedom
have the right to impose a compulsory political as-
which in many ways was
GETS MARCHING ORDERS-The Valley Forge,
"I believe in the right of someone to join a union,
Pa., Sheraton Hotel is not good enough to house the
sessment upon any citizen, under pain of the loss of
the predecessor of the National Right to Work Com-
but the key is if they want to," he said.
mittee.
1976 National Governors' Conference because it was
his right to work?"
if they (union officials) have to be salesmen,
Thirty years have
built by a firm which refuses to discriminate against
they'll do a better job."
KING'S RANSOM
gone by since Cecil B.
CECIL B. DEMILLE
non-union workers. Despite the fact that the execu-
Senator Garn said "I don't even understand
in
The one dollar assessment to fight the Right to
DeMille made his
tive board of the Governors' Conference had appro-
the United States of America how anyone can think
Work proposal had to be paid by September 1, under
choice.
priately chosen Valley Forge as the site for the 1976
that it's fair or right to compel anyone, in order to have
pain of suspension from membership in the union.
It's a choice that will
Bicentennial meeting, and tentative reservations had
a job, to join any organization. I don't care what it is,
A single buck, but to Cecil B. DeMille a king's
always be remembered
already been made at the Sheraton, host Gov. Milton
whether it's the American Medical Association or the
ransom in principle.
by those who cherish
Shapp did an abrupt about-face after a visit from
AFL-CIO or any other organization, I just frankly am
What was at stake to Cecil B. DeMille? His job
personal freedom over
state union bosses.
not capable of understanding how in the free society
with the popular Lux Radio Theater, which at that
tyranny.
people want to say you 'must.'
6
7
Syndicated Nationally by Washington Star Syndicate
NEWARK STAR-LEDGER MIAMI HERALD NEW ORLEANS TIMES-PICAYUNE DENVER POST
April 30, 1975
James J. Kilpatrick
Unions and Government Workers
WASHINGTON-Every Congress
Not even the farm workers, still
hours, and working conditions. It is to
has its "sleeper" bills-the measures
largely unorganized, offer such a rich
negotiate on these matters that unions
that attract little notice until they
potential to organized labor.
were born. So what's wrong with col-
climb out of com-
Union leaders are purring at the
lective bargaining in government?
mittee and slip
prospect. Last November the AFL-
quietly through a
CIO's new Public Employees Depart-
The short answer is that plenty is
drowsy chamber.
ment held its first meeting. President
wrong with it. Government is not busi-
One such sleeper
George Meany, a gentleman who does
ness. Taxpayers are not voluntary
shareholders. Governments are vested
to keep your eye
not abash easily, dealt unabashedly
on is the bill to
with a crucial issue: "Certainly," he
with power to provide the vital serv-
provide collective
said, "it's against the law to strike
ices and to secure the rights of all
bargaining by
civil service, but it's AFL-CIO policy
people. That power cannot possibly be
employes of state
to ignore those laws." In Mr. Meany's
bargained away to organized labor.
and local govern-
view, a strike against government is
The odious practice of compulsory
ment.
not to be distinguished from a strike
unionism, bad enough in private indus-
A number of
against any other employer: "If a guy
try, would be intolerable in govern-
states already have blundered into the
happens to be the mayor of a city or
ment. Thirty-four of the 50 states now
traps being set by trade unionism. The
the governor of a state, it doesn't
forbid such coercion of their public
militant teachers' unions have been
make a damn bit of difference."
servnants. But under the pending bills,
especially active. Sanitation workers,
The prospect of public service
this protection-the right "not to join"
public health nurses, bridge tenders
strikes is only part, of the problem.'
a union-would be wiped out. Given a
and other workers have demonstrated
The sleeping bills would authorize
weak or complaisant city council, the
the power of organized labor.
both the union shop and the agency
union could take command.
Thus far, the efforts have been
shop. Under a union shop contract,
This cannot be permitted to happen.
piecemeal. If the pending legislative
new employes must become union
A poll conducted by the Opinion Re-
proposals are written into federal law,
members within a stipulated time,
search Corporation in January found
we will have, for the first time, a na-
usually 30 days, or be fired. Under an
overwhelming sentiment against com-
tional policy specifically authorizing
agency shop, every person in the bar-
pulsory unionism in government. Even
trade unionism and collective bargain-
gaining unit must pay tribute to the
among union members, a lopsided
ing on the part of government work-
union whether he belongs to the union
majority is opposed. The National
ers. Such a time-bomb policy should
or not.
Governors' Conference strongly con-
be rejected out of hand.
To leaders of, organized labor, civil
demns federal intervention. The advi-
The stakes are enormous. An esti-
service unions safeguard the public
sory Commission on Intergovernmen-
mated 14 million persons now are em-
interest and contribute to the effective
tal Relations urges protection of the
ployed by government-3 million at
conduct of public business. Amplifying
right "not to join."
the federal level, 11 million on state,
on this concept of "business," they in-
But in this Congress, the unions are
county and municipal payrolls. Be-
sist that government today must be
riding high. Unless we are to look for-
tween 1951 and 1972, government em-
equated with business: School boards,
ward to government of the unions, by
ployment increased by 151 per cent,
budget offices, and personnel directors
the unions, and for the unions, their
and payrolls by nearly 600 per cent.
must deal with employes on wages,
power must be trimmed back to size.
Second Class
THE NATIONAL RIGHT TO WORK COMMITTEE
Postage Paid
WASHINGTON D.C. HEADQUARTERS
at Fairfax, Va.,
8316 Arlington Boulevard
and additional
FAIRFAX, PP VIRGINIA 22030
mailing offices.
FEDERAL TIMES
May 28, 1975
GRAPEVINE
RELUCTANT CREDIT The
National Right to Work Committee,
which apparently is responsible for
launching a massive letter writing
campaign; is being given credit by
some unio officials for aborting a
legislative drive to launch the agency
shop in the U.S. Postal Service.
The bill was a major objective of
the American Postal Workers Union
and several of the other exclusive
unions that dominate the postal work
force.
Unlike right-to-strike legislation,
the measure never left Rep. Charles
H. Wilson's postal facilities, mail and
labor-management subcommittee..
And the betting is that for the next
several years anyway, the agency
shop will remain a dead issue.
Fice - have 2 think a file we for
HUGH C. NEWTON AND ASSOCIATES
This group
PUBLIC RELATIONS
(703) 573-8555
618 SOUTH LEE STREET (OLD TOWNE) - TELEPHONES (703) 549-5825
ALEXANDRIA, VIRGINIA 22314
October 21, 1975
Mr. John C. Vickerman, Director
Business and Trade Associations
The White House
Washington, D.C.
Dear John:
You may find the attached of some interest. They are samples of
the efforts of the National Right to Work Committee on "Common
Situs.
"
Another ad in our series runs in the Star today. One of the
quotes used in that ad does a good job of telling the story.
The Tulsa World says, "Barring a last minute change of signals,
President Ford appears committed to signing one of the worst
pieces of labor-management legislation to come down the congressional
turnpike in years.
Best wishes
Sincerely,
Hugh Newton
P.S. It is our expectation that the mail to the White House and
to the Hill has really just begun.
attachments
HCN: 1h
Advertisement
From THE WASHINGTON POST
Wednesday, September 17, 1975
We hereby declare
war'
TOUERTY
The construction unons, some of the COORD largert,
Just becoming the most riolent. This is the second of
les by Edicard / Doherts who set out tastind why
what
being
dons
Violence Unhampered, I npunished disrupts construction sites
Growing Problem
"Compulsory Unionism And Corruption Go Hand In Hand"
/ key beat up someone and noth
ing happens, Everyone knows who
doing in There hurr been groud jur
ies and arrests. but nobody is in jail.
AN OPEN LETTER TO THE
said 3. Leon Utemose, I andsdule. Pa.
builder.
PRESIDENT AND CONGRESS
Broken Nose
On Beatings, Bombings, Shootings, Arson And Other Violence In The
Construction Industry
From The 400,000 Supporters of The National
Right To Work Committee.
and Arson Wi
Sixteen years ago, racket busting Senator
the "Common Situs" bill. The Dunlop sweet-
John McClellan said "Compulsory unionism
eners are attractive to big closed-shop con-
Delice. court
and corruption go hand in hand."
tractors and, predictably, devastating for
Tear Gas Hit
The meaning of that statement becomes
individual employees, small businessmen and
clear when one takes even a casual look
consumers.
at the building trades unions-for here com-
If the situation weren't so serious, the
refuse to act
pulsory unionism is at its worst
and so is
spectacle of Congress and some of the most
Jersey Roofers
the corruption. Few other unions can match
corrupt, ruthless and violence-prone union
their shameful record. Few other unions are
officials in the country teaming up with the
as scandal-ridden, mobster-tainted and vio-
Ford Administration would be comic.
in many labo
lence prone.
In Washington's own version of Alice In
THE ROOT OF THE PROBLEM
"As soon as the tear-gas
Wonderland, officials of these very unions
The root of the problem is simple-the
violence case
may soon be handed a vicious new weapon
National Labor Relations Act which for 40
canisters landed, the locker
with which to enforce compulsory unionism:
years has authorized and encouraged com-
room burst into tlames
Legalization of "Common Situs" picketing.
pulsory unionism. That's bad enough. But in
mades of the
The situation is serious. A "Common
William
the construction industry the problems are
the
NERB
Situs" picketing bill has been quietly rail-
compounded by even more special coercive
roaded through the House of Representatives
powers which have been handed to building
business to use nou union and violent labor be know
and will soon be considered by the Senate.
trades union officials. These include pre-hire
Union Heads
The bill, if enacted and signed by the Presi-
contracts that allow the signing of compulsory
dent, would give officials of the building
unionism contracts without the permission
trades unions power to shut down an entire
of even one employee, exclusive union hiring
to Be Quizzed
construction project, involving dozens of con-
halls and the requirement that all employees
ONSTRUCTION UNION
tractors, because of a dispute-real or im-
become "members in good standing" within
agined-with even a single contractor. Shut
seven days or lose their jobs.
DECLARE WAR
On Building
it down by setting up a job site picket line
These and other concessions comprise a
that no construction worker, truck driver or
broad array of special privileges that have
delivery man in his right mind would dare
spawned a system of blackballing, cronyism
cross.
and repression of individual rights unequalled
Site Violence
The bill would legalize the ultimate in
in other industries.
Nonunion
coercive picketing-power that even the bill's
Yet some members of Congress are claim-
proponents admit would be used to drive non-
ing that all the "Common Situs" bill will do is
RICHARD PAPIERNIE
union workers off their jobs.
"equalize the treatment of unions under the
The basic question involved then is whether
NLRA!"
Roofers Beat
Congress is going to force even more Ameri-
'Mob' Blocked Way
cans into corrupt and violent unions in order
WHO RUNS AMERICA?
to earn a living. As the PHILADELPHIA
The 400,000 supporters of the National
INQUIRER said editorially recently. "A per-
Right To Work Committee do not believe the
in Camden
To U.S. Building,
son's right to earn a living, whether in a union
financial and political power of a handful of
or non-union job, is the most fundamental of
ambitious union officials should override the
civil rights. It must not be surrendered to
interests of the overwhelming majority of the
goons seeking to substitute force for law."
By ROD NORDI AND
Altemose Charges
American people-most of whom feel union
à
officials already have "too much power"
THE SMOKESCREEN
(70% according to a recent opinion study)
To make all of this palatable to Congress,
and that union membership should be volun-
$3.2
Million
Burr
Secretary of Labor John Dunlop, a long-time
Ouk
LARRY WILLIAMS
tary (68%).
Scene
of
ally (and business partner) of building trades
Ours should be a government of the people,
Recognition Fight-
Metal
union officials and a promoter of compulsory
not of special interest groups.
unionism, has offered a "compromise" con-
The Sheet
struction industry legislative package that is
nothing more than a smokescreen (described
Reed Larson
tolence
Union Tragedy
by the NEW YORK TIMES as "protective
Reed Larson
coloration") to divert public attention from
Executive Vice President
Closes Lodge
B:
Maryland erupts
into labor civil war
N.J. Roofers Hit by Tear Gas,
Tunion Violence Must Be Curbed
"Take away those restrictions and it's
"(the bill) is an embarrassment to the labor
"(the) measure, which would vastly in-
"This legislation should be defeated. If
likely that strikes will be more frequent,
movement and a threat to the nation at large,"
crease the ability of any single construction
passed, it should be vetoed," PORTLAND
harder to settle and much costlier," SCRIPPS-
YOUNGSTOWN VINDICATOR
union to shut down an entire project, would
OREGONIAN
HOWARD NEWSPAPERS
simply encourage irresponsibility," NEW
"One hopes the Senate will wise up and kill
YORK TIMES
"Politicians should be advised that the only
"We hope President Ford will find the cour-
this insidious move," LOUISVILLE COURIER-
way to deal with common situs is to spray it,
age to exercise another veto," DENVER
JOURNAL
"Situs picketing is an unfair labor practice
swat it, stamp on it," WALL STREET JOUR-
POST
that should not be legalized," MIAMI HERALD
NAL
National Right To Work Committee
Members of the National Right to Work Committee's Board of Directors include:
Mrs. Carol Applegate, school teacher, Grand Blanc, Michigan
Dr. Paul W. Brauer, pastor, Our Savior Lutheran
WASHINGTON HEADQUARTERS: 8316 Arlington Boulevard
Fairfax, Virginia 22030
Church, St. Petersburg, Florida Howard Brown, member, Brotherhood of Railway Clerks, Trenton, New Jersey
Jonathan C. Gibson, attorney, San Diego, California W. K. Lomason, president, Douglas & Lomason Company,
A national coalition of more than 400,000 citizens from all
Atlanta, Georgia Raymond C. Losornio, past president, local 386, National Federation of Federal Employees,
walks of life dedicated to the belief that every American
Huntsville, Alabama Gerald Marker, aerospace worker, Sherman Oaks, California William B. Ruggles, editor
should have the right, but should not be compelled to join or
emeritus, Dallas Morning News, Dallas, Texas
Dr. Ernest L. Wilkinson, president emeritus, Brigham Young University,
pay money to labor organizations for the Right to Work.
Provo, Utah
RIGHT TO WORK
RIGHT
NEWS
From the NATIONAL RIGHT TO WORK COMMITTEE
8316 Arlington Boulevard
Fairfax, Virginia 22030
TELEPHONE: 573-8550-AREA CODE 703
RELEASE UPON RECEIPT
CONTACT: Herb Berkowitz
AMERICANS OPPOSE "COMMON SITUS" PICKETING
WASHINGTON, DC, October 10 -- The administration-backed "common situs" picketing
legislation (HR 5900 and S 1479), which opponents say will greatly increase construc-
tion industry violence, is opposed by more than two-thirds of the American people,
including 57 percent of all union members, a public interest group reported today.
According to Reed Larson of the National Right to Work Committee, a recent sur-
vey by Opinion Research Corporation, Princeton, N.J. (CONGRESSIONAL RECORD, July 18,
1975) showed that 68 percent of the general public feel building trades unions "should
only be allowed to picket the work of the contractor with whom it has a dispute and
not the whole building site."
The survey showed that 72 percent of 30-39 year-olds opposed "common situs"
picketing; 74 percent of the residents of smaller cities, and 72 percent of those
people identified by the polling organization as "thought leaders."
The measure is being backed by President Ford, on the advice of Secretary of
Labor Dunlop, as part of a construction industry collective bargaining "package."
The other part of the package, Dunlop's Construction Industry Stabilization Act of
1975 (HR 9500), was approved last week by a House vote of 302-95.
The Right to Work Committee spokesman said passage of Dunlop's "smokescreen"
legislation makes it "more important than ever to reject the vicious common situs bill."
Larson said the controversial picketing legislation, approved by the House this
summer, is designed to drive "nonunion workers and open shop contractors off their
jobs. Even the sponsors of the legislation admit this.
(MORE)
-2-
"If enacted by the Senate, and signed by the President, thousands of carpenters,
electricians, plumbers, heavy equipment operators, laborers, cement masons, and other
construction workers who presently are not union members will probably find it impos-
sible to earn a living unless they agree, and are permitted, to join a union and abide
by its rules,
"Workers who don't want to join an unwanted union, and employers who support their
decision not to join, could be in for painfully hard times if the building trades unions
record of bombings, beatings, and burnings is any indication."
Larson called on President Ford to "read the mail which has come into the White
House on the issue."
According to reliable estimates, the White House has received nearly 200,000 letters
and postcards from voters who oppose the "common situs" bill, more than on any other
domestic issue. Congressional mail is reportedly running nearly 200-1 against the bill.
#####
#47 Sp. EP, WNS, MO2, MO3, MO6, MO7, MO8, M10, M13.KO1, K02, K03.
QUESTION LB10
71026
JANUARY 1975
85
ON BUILDING SITES MANY UNIONS REPRESENT DIFFERENT KINDS OF EMPLOYEES OF CONTRACTORS WORKING THERE -- ELECTRICIANS,
CARPENTERS, PLUMBERS, AND SO FORTH WHEN ONE OF THE UNIONS IS STRIKING AGAINST ONE OF THE CONTRACTORS, WHICH OF THESE
TWO RULES DO YOU THINK SHOULD APPLY
RULE A -- THE UNION SHOULD ONLY BE ALLOWED TO PICKET THE
WORK OF THE CONTRACTOR WITH WHOM IT HAS A
DISPUTE AND NOT THE WHOLE BUILDING SITE
RULE B -- THE UNION SHOULD BE ALLOWED TO PICKET THE WHOLE
BUILDING SITE, EVEN IF IT STOPS WORK OF ALL OTHER
CONTRACTORS AND EMPLOYEES
NUMBER OF
**** RULE ****
INTERVIEWS
NO
UNWTD WTD
A.
B.
OPINION
TOTAL FORM B PUBLIC
1022
3426
68
21
11
MEN
515
1676
65
27
8
WOMEN
507
1750
70
16
14
18 - 29 YEARS OF AGE
257
944
70
19
11
30 39
208
593
72
23
5
40 49
169
564
64
27
9
50 59
155
555
69
21
10
60 YEARS OR OVER
233
769
63
19
18
Opinion Research Corporation
LESS THAN HIGH SCHOOL COMPLETE
329
1187
61
25
14
HIGH SCHOOL COMPLETE
358
1270
71
19
10
SOME COLLEGE
330
947
71
21
8
PRINCE TON. NEW JERSEY
PROFESSIONAL
139
401
77
12
11
MAÑAGERIAL
127
387
70
21
9
CIERICAL, SALES
108
363
77
15
8
CRAFTSMAN, FOREMAN
192
662
65
26
9
OTHER MANUAL, SERVICE
216
819
62
31
7
FARMER, FARM LABORER
23
82
80
1
19
NON-METRO
RURAL
95
339
61
17
22
URBAN
158
587
74
11
15
METRO
50,000 999,999
317
917
72
23
5
1,000,000 OR OVER
452
1582
64
25
11
NORTHEAST
267
806
63
25
12
NORTH CENTRAL
299
983
67
22
11
SOUTH
313
1099
70
21
9
WEST
143
537
72
15
13
UNDER $5,000 FAMILY INCOME
175
850
60
23
17
$5,000 $6,999
110
337
67
18
15
$7,000 - $9,999
180
512
61
26
13
$10,000 - $14,999
237
715
73
18
9
$15,000 OR OVER
293
929
75
21
4
WHITE
930
3063
69
21
10
NONWHITE
87
353
55
29
16
UNION MEMBERS
150
517
57
36
7
UNION FAMILIES
289
974
62
30
8
NONUNION FAMILIES
724
2419
70
18
12
THOUGHT LEADERS
130
375
72
23
5
0051
SEPTEMBER 1975
NATIONAL
RIGHT TO WORK
RIGHT TO WORK
NEWSLETTER
Published by the NATIONAL RIGHT TO WORK COMMITTEE
8316 Arlington Blvd., Fairfax, Va. 22030
Vol. XXI, No. 9
September 26, 1975
"SITUS" PICKETING BILL DESIGNED
TO DRIVE NON-UNION WORKERS FROM JOBS
Legislation openly designed to give construction
Educators Will Fight
union officials the power to drive non-union workers
from their jobs is being railroaded through the Congress
Compulsory Unionism
and is given a good chance of reaching President Ford's
desk.
The National Right to Work Committee has an-
With the Ford Administration backing off from its
nounced formation of a prestigious new educational
earlier commitment to veto the dangerous legislation,
coalition which will take dead aim at one of the most
public action is needed now!
serious threats to academic freedom in America today
Citizens who believe that employers who refuse to
compulsory unionism.
force their employees into unwanted unions should not
Like the Right to Work Committee itself, the new
be subject to coercive union picketing are urged to
organization, "Concerned Educators Against Forced
write immediately to President Gerald R. Ford, The
Unionism" (CEAFU), supports the right of teachers to
White House, Washington, D.C.
join unions, but feels no one should be forced to do so.
The Right to Work Committee hopes to generate at
The new organization is headed by a 115-member
least 50,000 letters to the President by mid-October.
advisory board which includes many of the country's
NEWSLETTER readers also are urged to write to their
leading educators.
Senators and Representatives.
Advisory board member Leon Knight, an English
CALLED "COMMON SITUS"
teacher at a Minnesota community college, and a state
The so-called "common situs" picketing bills, H.R.
Democratic Party activist, summarized CEAFU's posi-
5900 in the House, and S. 1479 in the Senate give vast
tion like this: " if they (union officials) can determine
new powers to officials of the building trades unions—
not what I teach in the classroom, but whether I teach
new powers to the one group already privileged by
at all, that is the ultimate threat to academic freedom."
federal law to use more vicious coercive tactics than
That threat, according to CEAFU spokesman Susan
any others.
Staub, has only been heightened by the recent wave of
According to Reed Larson, executive vice president,
illegal teacher strikes. "The strike frenzy," she said, "is
the outrageous measure has just one purpose, "to give
an integral part of Big Labor's strategy to force Con-
added muscle to some of the most corrupt, ruthless, and
gress into passing public sector labor legislation which
violence-prone union bosses in the country."
would further promote compulsory unionism among
This would be accomplished by authorizing building
public employees."
trades union pickets to shut down an entire construction
Among the many advisory board members-repre-
site because of a dispute with a single sub-contractor.
senting all levels of education-are: Dr. Yale Brozen,
Usually, such disputes involve the hiring of construc-
professor of business, University of Chicago; Dr. John
(Continued on next page)
Hospers, chairman of the philosophy department, Uni-
versity of Southern, California; Dr. Edwin Klotz, super-
Also Inside
intendent of schools, Newburgh, N.Y.; Dr. Richard
Koeppe, superintendent of schools, Englewood, Colo.;
The Art of Gentle Persuasion
page 3
Dr. Mildred M. Alexandra Landis, professor emeritus,
1.6 Million New Jobs
page 4
art, University of Miami; and Dr. Abner McCall, presi-
United Way Discrimination Continues
page 5
(Continued on page 3)
Reed Larson Column
page 7
"SITUS" BILL
bombings, shootings, arson, and other acts of violence
(Continued from page 1)
against individual workers, and employers who refuse
Commentary
tion workers who have chosen not to work for closed-
to blackball non-union employees."
shop contractors.
The question here, he said, is whether Congress is
Mr. Gildea and the Art of Gentle Persuasion
The inevitable result would be that contractors would
going "to force even more Americans to join scandal-
be forced to hire only union members in order to stay
ridden, violence-prone unions in order to earn a living."
The U.S. Postal Service, in a classic cop-out, has
NEWSLETTER readers are urged to pass on their
in business.
As the PHILADELPHIA INQUIRER said, after
given postal union officials a green light to heap ridicule,
opinion to James C. Gildea, Assistant Postmaster Gen-
A spokesman for the National Society of Professional
an epidemic of lawlessness against construction workers-
coercion, and abuse upon postal workers who won't
eral, Labor Relations Department, U.S. Postal Service,
Engineers, whose members often are employed on con-
earlier this year, "A person's right to earn a living,
voluntarily join their unions.
Washington, D.C. 20260.
struction jobs, warned that enactment of the bill would
whether in a union or non-union job, is the most funda-
On its face, the ruling by assistant postmaster general
An Editorial
give union bosses a "death grip" on the entire industry
mental of civil rights. It must not be surrendered to
William Gildea simply allows the posting on union
-and the people employed in the industry.
goons seeking to substitute force for law."
bulletin boards of the names of employees who are not
FEDERAL TIMES
The "situs" picketing bill would give any building
union members. (The 1970 postal reorganization act
August 20, 1975
COMPULSORY UNIONISM
trades union the power to shut down an entire con-
contains a no-nonsense Right to Work provision guar-
The root of the problem, of course, is the National
anteeing all postal service employees the right to par-
Taking Names
Labor Relations Act, which authorizes and encourages
struction project, involving dozens of contractors, be-
compulsory unionism. In the construction industry the
cause of a dispute (real or imagined) with even a single
ticipate in or refrain from union activities).
THE U.S. POSTAL Service is now
Though innocent-enough sounding, Gildea's ruling
problems are compounded by various other special
contractor-shut it down by setting up a job site picket
permitting locals of the four exclusive
privileges which have been granted to building trades
line that no construction worker, truck driver, or de-
must be viewed in context, because only last year-in a
unions to post the names of non-members
livery man in his right mind would dare cross.
case involving one of the giant postal unions-the U.S.
union officials, including their authority to assign all
on post office bulletin boards.
Supreme Court ruled that union organizers have a spe-
work through their usually-discriminatory hiring halls,
"H.R. 5900 and S. 1479 would legalize a brand new
cial "license" to all but crack heads in the name of
The rationale of Assistant Postmaster
and the power to demand "membership in good stand-
package of coercive powers," Larson warned, "Powers
organizing.
General James C. Gildea is that such action
ing" in their unions. (In other industries, the courts
which even the bills' proponents admit would be used
Wrote Justice Thurgood Marshall, speaking for the
is not clearly illegal.
have ruled, only the compulsory payment of dues can
to drive workers unaffiliated with unions off their jobs.
court majority, Federal law gives a union license
be required from wage-earners who refuse to volun-
"It must be stopped."
We wonder. An opinion by postal service
to use intemperate, abusive, or insulting language with-
tarily join unions.)
Write your Congressmen, Senators, and President
lawyers says in part:
out fear of restraint or penalty if it believes such rhetoric
As a result of those extraordinary powers of compul-
Ford today! (And please send a copy to Andrew Hare,
to be an effective means to make its point." Gildea's
"While the legality of the disputed post-
sion, Larson said, "Few other unions can match their
Vice President for Legislation, 8316 Arlington Boule-
ruling gives union organizers the right to publish a list
ings would likely raise a close legal ques-
shameful record for the consistent use of beatings,
vard, Fairfax, Va. 22030).
of targets.
tion if presented to the National Labor
lence and other acts which deny those who choose
For years, the bosses of the construction trades,
Relations Board, we have found no author-
The Nation's Press
mine, and teamsters unions have found such organizing
ity which suggests that the NLRB has
and "Common Situs"
not to join a union equal protection under the law,"
already concluded that the mere public
July 1, 1975
DENVER POST-"Unions
methods most effective. Now, apparently, it's the postal
unions' turn. Asked FEDERAL TIMES, "Is it possible
listing of non-members' names by a major-
MIAMI HERALD-"It is our view that organized
do not deny that a major aim is to force out non-
labor in the private sector of the economy has the
union workers. If a contractor hires 10 subcontrac-
the postal service is handing the exclusive unions by fiat
ity union violates the National Labor
Relations Act."
right to walk off the job when there is dissatisfaction
tors and one of these is non-union it is expected the
what they cannot gain through the legislative process?"
other subcontractors will have a strike on their hands.
Possible indeed!
over wages or working conditions. This is a free
Gildea stands on weak legal ground, it
seems to us. But even if the law allowed
country and there is no forced labor. But there should
The blackmail effect is obvious," August 8, 1975
not be a right to prevent other people from working
BOISE (IDAHO) STATESMAN-What infuriates
TEACHERS
(Continued from page 1)
this strictly gratuitous appropriation of
when those other people have no beef with their
the construction unions is that subcontractors at a
one's right to privacy, we would oppose the
dent of Baylor University.
employer," August 11, 1975 YOUNGSTOWN
site can hire nonunion help. Never mind the fact
postal service.
Also Mrs. Charles Mellon, chairwoman of the Na-
VINDICATOR-"The hard hats' pet legislation—
that not everybody wants to or should be forced to
tional Committee on the Crisis in Education; Dr.
Gildea holds that the publication of non-
despite a number of qualifications which disguise its
join a union in order to have a job and earn a living.
Gerhardt Niemeyer, professor of government, Notre
member names is a somehow neutral exer-
fundamental thrust-is designed to give trade unions
The construction unions won't be satisfied until they
Dame University; Rabbi Dr. Jakob Petuchowski, pro-
cise. We most emphatically believe that it
the power to influence hiring, firing and other crucial
can control the entire construction site-able to tie
fessor of Jewish theology and liturgy, Hebrew Union
subjects these persons to ridicule and the
decisions in the domain of a free enterprise manage-
up or slow down the project at will, able to exclude
College; Dr. Hans Sennholz, chairman of the economics
disapprobation of their fellow employees.
ment," July 21, 1975 ARIZONA REPUBLIC-
those who voluntarily choose not to belong to unions,
department, Grove City College; Dr. Seymour Siegel,
Obviously those locals that are engaged
if H.R. 5900 and S. 1479 are passed, the union
able to virtually dictate wages and working condi-
professor of theology, Jewish Theological Seminary of
in giving notoriety to non-members do so
will be able to cause untold injury to a dozen or two
tions," August 3, 1975. PORTLAND ORE-
America; Dr. Ernest van den Haag, New School for
for one reason. They are intent on compel-
employers, who have no connection with it and no
GONIAN-"If the ban on secondary boycotts is
Social Research, and Dr. Eliseo Vivas, professor emeri-
ling them to join up.
quarrel with it, who simply are innocent bystanders.
abolished, general contractors will find that unions
tus, philosophy, Northwestern Illinois University.
That is the purpose of these bills-to force the inno-
will be able to dictate which subcontractors they can
And we would remind Mr. Gildea that the
Co-chairmen of the board are Neil S. Bishop, former
cent bystanders to become allies of the union. The
do business with-leading to certain demise of the
law- clearly forbids the application of force
high school principal and long-time chairman of the
bills are an unconscionable power grab by the build-
in union recruitment. The union shop is
open-site or merit-site system in which union and
Maine senate's education committee, Fred Glahe, pro-
barred in the federal establishment.
ing trades unions," July 28, 1975 JEFFERSON
non-union contractors work side by side. Construc-
fessor of economics at the University of Colorado, and
CITY (MO.) POST-TRIBUNE-What Congress
tion workers, on their part, will have their freedom
Shirley Schaaf, a classroom teacher and president of
Is it possible that the postal service is
ought to do, instead of writing the construction
to choose between union and non-union employers
the Kansas City (Mo.) Education Association.
handing the exclusive unions by fiat what
unions a blank check, is direct a crack-down on vio-
eroded," July 19, 1975.
For more information contact Mrs. Staub at 8316
they cannot gain through the legislative
Arlington Blvd., Fairfax, Va. 22030.
process?
NATIONAL RIGHT TO WORK NEWSLETTER is published monthly by the National Right to Work Committee, 8316 Arlington Blvd., Fairfax, Va.
22030. Subscription: $2.00 annually. Vol. XXI, No. 9, September 26, 1975. Second-Class postage paid at Fairfax, Va., and additional mailing offices.
3
2
Some Things You Just Can't Ignore
ECONOMICS
(Continued from page 4)
MORE BAD NEWS FOR COMPULSORY UNION STATES
National Right to Work Committee vice president
INCREASE IN
for research Charles Bailey said that while the issue
JOBS and PRODUCTION
Wage-earners in the 31 states where union officials
the rate in the Right to Work states for the past five
remains one of "individual freedom," the economic
rule the roost through compulsory unionism had better
years. In 1974, the Right to Work states averaged 4.6
benefits "just can't be ignored."
dig in for more hard times. Or so it would appear from
percent unemployed; the compulsory unionism states
He said the value of Right to Work laws to the
STATES
another in a series of economic studies showing that
averaged 6.3 percent.
wage-earner were best explained a couple of years ago
the disasterous recession gripping the U.S. has struck
of
WORK
2) The cost of living remains lower, generally, in the
by Velton Clark, administrator of Teamster Local 492
hardest at the 31 states where forced unionism is per-
Right to Work states, than the other 31 states.
RIGHT
STATES
in Albuquerque. (Clark was later "taken care of" in
mitted.
typical Teamster fashion for opposing the top brass.)
DETAILS
COMPULSORY
UNIONISM
The new report, released at press time, shows that
Said Clark in a letter to members of the state legis-
the 19 Right to Work states, though accounting for only
In dollars and cents terms, the dramatic increase in
lature, where Right to Work laws exist and indi-
30 percent of the country's population, gained nearly
manufacturing jobs-part of a continuing trend-
vidual employees have a choice, the unions, through
60 percent of the new manufacturing jobs during the
means that in 1973 there were more than 1.6 million
their elective and appointive officials, business agents
past decade. The exact figures were 1,635,900 new
workers in the Right to Work states employed in manu-
and other representatives, have to get off their duffs and
manufacturing jobs for the states guaranteeing freedom
facturing jobs which didn't even exist ten years earlier.
do a better job representing their members than is the
of choice, and 1,361,900 for the states where workers
Wages paid the new employees amounted to more than
case in a state which does not have a Right to Work
can be fired for not supporting unwanted unions. (The
$12 billion in 1973 alone!
law, and the unions don't have to produce results and
1973 figures, shown below, are the most recent avail-
Texas maintained its position as the national leader
satisfaction to their members to voluntarily attract
able from the Bureau of Labor Statistics and Depart-
by gaining a spectacular 281,400 new jobs. While none
their membership and financial support."
ment of Commerce.)
of the Right to Work states showed a net loss of manu-
For a copy of the new report, "some things you just
The new data come on the heels of earlier studies
facturing jobs, four of the compulsory unionism states
can't ignore," write: Information, National Right to
Discrimination Continues
(see June and July NEWSLETTERS) showing that:
did: New York 187,700; Massachusetts 43,600; Mary-
Work Committee, 8316 Arlington Blvd., Fairfax, Va.
1) The rate of unemployment in the compulsory
land-D.C. 7,300, and Hawaii 800.
22030.
unionism states has been nearly 50 percent higher than
(Continued at right)
"Alternatives" Suggested
An Editorial
To United Way of America
Net Increases in Manufacturing Jobs, 1963-73
LYNCHBURG (VA.) NEWS
August 18, 1975
Despite a flood of protests, United Way of America
RIGHT TO WORK STATES
(801 N. Fairfax St., Alexandria, Va. 22314) is no
1. Texas
281,400
11. Iowa
62,200
Not Required
closer today than it was a year ago to amending its
2. North Carolina
230,000
12. Arizona
50,500
discriminatory "Memorandum of Understanding" with
3. Tennessee
177,800
13. Kansas
44,200
Compulsory unionism is not re-
AFL-CIO officials.
4. Florida
143,800
14. Nebraska
23,400
quired for unions to prosper. The proof
As a result, the National Right to Work Committee
5. Georgia
132,300
15. Utah
9,300
lies in those 19 states, including Virgin-
is urging its 400,000 supporters to consider "alterna-
6. South Carolina
105,500
16. South Dakota
5,600
ia, which have Right to Work laws
tives" to United Way. "We regret having to do so,"
7. Virginia
103,200
17. Nevada
4,500
8. Alabama
101,100
18. North Dakota
4,200
forbidding compulsory union member-
said executive vice president Reed Larson. "We will
19. Wyoming
ship as a condition for holding a job.
continue to urge our employees and supporters to
9. Mississippi
84,300
1,200
10. Arkansas
82,000
TOTAL
1,635,900
Congressman Charles E. Grassley
voluntarily support all worthwhile charities, regardless
of Iowa recently called attention to the
of their affiliation with United Way.
NON-RIGHT TO WORK STATES
progress of unions in Right to Work
"However, we feel it is our obligation to stand up
1. California
17. Idaho
14,800
states. During the decade ending in
for the principles we believe in. Not only has United
231,900
2. Michigan
200,500
18. Delaware
13,400
1972, AFL-CIO unions in the 19 RTW
Way violated those principles, it appears reluctant to
3. Ohio
191,500
19. New Mexico
10,300
states collectively gained 714,000
either admit its mistake or take corrective action."
4. Indiana
144,500
20. New Hampshire
10,100
members.
In the controversial "Memorandum of Understand-
5. Illinois
119,800
21. Rhode Island
8,300
In the remaining 31 states, the
ing," officials of United Way of America promise to
6. Kentucky
102,100
22. Vermont
6,100
AFL-CIO gained only 830,500 mem-
"purchase, whenever available, only union made goods
7. Minnesota
89,200
23. West Virginia
4,100
bers.
and services." Details of the pact were published in the
8. Pennsylvania
77,000
24. Alaska
3,300
The average gain in the RTW
November 1974 NEWSLETTER. Since then, hundreds
9. Wisconsin
68,600
25. Maine
1,600
states was 35,579; the average gain in
of United Way contributors-including some local
10. Missouri
60,700
26. Montana
1,500
11. Oklahoma
59,200
100
the compulsory union states was
United Way officials-have formally protested United
27. Connecticut
12. Oregon
51,800
28. Hawaii
26,790.
Way of America's policy of discriminating against the
-800
13. Colorado
41,100
29. Maryland-D.C.
-7,300
As Congressman Grassley noted,
three-fourths of the labor force which is not affiliated
14. Louisiana
38,700
30. Massachusetts
-43,600
these figures show that employees will
with organized labor.
15. New Jersey
33,200
31. New York
-187,700
voluntarily join and support labor or-
Just recently, it was learned that the "Memorandum
16. Washington
21,800
TOTAL
1,361,900
ganizations which merit it.
of Understanding" has been in effect for some 30
years.
Source: Bureau of Labor Statistics, U.S. Department of Labor
5
4
Syndicated Nationally by the National Right to Work Committee
Farm Strife Enters New Phase
FULTON (MO.) KINGDOM DAILY NEWS NEWTON (N.C.) OBSERVER-NEWS-ENTERPRISE ST. MARYS (PA.) PRESS
August 22-28, 1975
When the heavily biased Agricultural Labor Relations
Letters To The Editor
Board took office in California recently, farm workers ex-
THE WASHINGTON POST
We Told You So
pected the worst. They got it.
August 14, 1975
One of the board's first official decisions was to give union
(EDITOR'S NOTE: The following
taxpayer and every public servant.
zations by eliminating free competition
editorial was written by Reed Larson,
among unions.
organizers freedom to trespass on private property, setting off
Unions vs. Workers' Wishes
executive vice president of the Nation-
It's a monster that was created,
a wave of violence.
al Right to Work Committee: His
not born.
Second, through the application of
The whole problem came about because California's new
For once, we'll take United Farm
column appears in several hundred
compulsory union shop and agency
Workers union officials at their word.
farm labor relations act, which went into effect August 28,
newspapers.)
Obviously, Americans in every
shop contracts, which Toledano
Mrs. Stephanie Caiola told a Washing-
town and borough across the country,
characterizes as "the clearest deroga-
subordinates the interests of individual farm workers to those
ton Post reporter (July 27) that the un-
Following the recent strike by
no matter how large or small, have a
tion of the Bill of Rights since the
of union organizers and large corporate farmers. The five-
ion has "had trouble organizing the
sanitation workers, which spilled more
personal interest in seeing that New
enactment of the Alien and Sedition
workers and so we've been concentrat-
member board, whose job it is to impartially administer the
than 30,000-tons of filth into city
York's problems do not become their
Acts," union bosses are guaranteed all
ing on organizing consumers
on
streets, a New York Times telephone
own.
the funds they need for their political
law, consists of a former United Farm Workers union official,
the boycott."
survey found that half of New York's
high-rolling - regardless of their per-
a former Teamsters union attorney, a priest and attorney
Think about it. The union that
residents felt that municipal unions
It's to them, the more than 200
formance.
who in the past have been partisans of the UFW, and a
claims to represent California's 250,000
have "too much power."
million non-New Yorkers that Ralph
farm workers admits that it can't get
de Toledano should have dedicated his
Then, when governments, by law,
lobbyist for a growers' association. The farm workers were
the workers themselves to support
Only 6.7 percent of the people
new book, Let Our Cities Burn"
are compelled to "bargain" with union
ignored again.
their union (nothing has changed in
questioned said that municipal union
(Arlington House, New York, $7.95).
officials as "co-equals," and actually
Rather than solving existing problems, many observers
ten years). So, they've organized a con-
officials had "not enough power."
consummate treaties with them (the
sumer boycott to force the producers
believe the new law will simply compound them. For example,
As a former union publicist now
contract), the cycle is complete, and
to force the workers back into the un-
How much power is too much"
one of the country's leading political
the union's power almost absolute.
the law authorizes a five-day compulsory union shop. So after
ion that organizers can't get them to
or `not enough" is, of course, a subject
analysts Toledano knows as well as
an election, company and union negotiators can enter into
join voluntarily.
which could be debated endlessly. Not
anyone where to draw the line between
After pouring millions of dollars
It's time that some enterprising re-
agreements forcing all workers-even those who want no part
subject to debate are the facts that
too much" and "not enough" union
into the 1974 campaigns of the present
porter put some hard questions to Se-
of the union-to join the victorious union or lose their jobs.
New York's economy came close to
power.
94th Congress, union lobbyists in
nor Chavez and more important,
going under and that, to one degree
Washington now are demanding
"Evidently, Governor (Edmund) Brown never intended to
time to start looking at this decade-old
or another, the insatiable demands of
And, he says, when that power is
federal legislation which would give
set up an even-handed system of farm labor relations," com-
controversy from the point-of-view of
the city's municipal union bosses
concentrated in the hands of a small,
municipal union bosses everywhere the
the workers. After all, they're what it's
mented a disgusted W. B. Camp of Bakersfield, a grower and
contributed to this. Not subject to
inbred, nonrepresentative, and virtual-
same powers, and more, enjoyed by
all about.
debate is the fact that when a group of
ly unchecked minority, it's too much.
New York's public union hierarchy.
member of the National Right to Work Committee's board
Herb Berkowitz,
disruptive individuals is capable of
It's a sobering thought.
of directors. "The law was written in conference with union
National Right to Work Committee.
bringing an entire city to a standstill, to
The key to that power, the author
Fairfax.
officials and some growers who hoped to buy 'labor peace'
its knees, something is seriously
concludes, citing innumerable
Says Sen. Jake Garn, R-Utah,
wrong. One pundit called it insurrec-
examples, is compulsion
several
by knuckling under to union demands. Individual farm work-
former mayor of Salt Lake City and
tion. We rather think of it as the culmi-
compulsions, in fact.
honorary president of the National
ers-whose rights the law is supposed to protect-were ex-
nation of years of foolish public policy
League of Cities, No one should make
cluded from the legislative negotiations, just as they are ex-
in which elected city officials, in bits
First, the compulsion to force un-
up his mind on this serious subject
cluded from representation on the new Board."
and pieces, gave to union bosses a vast
willing workers to accept unwanted
without carefully reading Let Our
array of special privileges which are
union representation (called exclusive
Cities Burn. This book has explored
now being exploited to threaten the
representation") strips individual
all of the arguments, set forth the data
very fabric of society not only the
wage-earners of the right to represent
clearly, and drawn the inevitable
IN OHIO, NEW JERSEY
sovereignty of the elected government,
their own best interests, and fuels
conclusions. If we enter into such a
Former Sen. Frank J. Lausche,
but the rights and freedoms of every
the growth of monolithic labor organi-
policy, and disaster follows, Ralph de
who is also a former five-term
Toledano will be entitled to say, told
governor of Ohio, discusses
you so.
mounting grass-roots opposi-
tion to Ohio Senate Bill 70,
legalizing compulsory unionism
for public employees, with Right
to Work Committee executive
vice president Reed Larson
(right). Lausche warned that en-
RALPH DE TOLEDANO
SAVE 25%
actment of S.B. 70 "would under-
Books
mine orderly and responsible
NATIONAL RIGHT TO WORK COMMITTEE
government in even the smallest
8316 Arlington Boulevard
locality, make a mockery of
Fairfax, Virginia 22030
human rights and our claims of
freedom, and further prove
costly to Ohio citizens in terms
OUR CITIES
Please send me
copies of Let Our Cities Burn at the special
price of $5.95 a copy (more than 25% off the publisher's price of $7.95.)
of higher taxes and disruption of
Enclosed is my check for $
Virginia residents add
services." Similar opposition to
4% sales tax.
compulsory public sector union-
ism in New Jersey, spearheaded
by Democratic Senate President
Name
Frank Dodd (Essex County), has
resulted in postponement of a
Senate vote on Assembly Bill 524
Address
until after the state's November
election.
FOREWORD BY SENATOR JESSE HELMS
City
State
Zip
6
BALTIMORE SUN
August 20, 1975
6
And Don't You Give Me Any Lip, Either!'
MEANY
Second Class
THE NATIONAL RIGHT TO WORK COMMITTEE
Postage Paid
WASHINGTON D.C. HEADQUARTERS
at Fairfax, Va.,
8316 Arlington Boulevard
and additional
FAIRFAX, VIRGINIA 22030
mailing offices.
ADDRESS CORRECTION REQUESTED
HUGH C. NEWTON AND ASSOCIATES
SPEED SERVICE
PUBLIC RELATIONS
618 SOUTH LEE STREET
ALEXANDRIA, VIRGINIA 22314
Mr, John C, Vickerman, Director
Business and Trade Associations
The White House
1975 OCT 21 AM 11 56
Washington, D.C,
RECEP. THE AND SECURITY UNIT
WHITE HOUSE
WASHING TON
LIBRARY GROD 18
THE WHITE HOUSE
WASHINGTON
STREET
Dwant continuing dialogue
\
admin wanto to hear all inewpts.
2) Tone & direction of Pres
Concerned- PRes won't restate framer opposition
B)- Usery Statement
c) Sea habor - Rach of CONCEIN for NON-ONION
workers -
3) '66- 60 volid regual 14.B. defeated
what's a good Bill -
1) don't give up away before Jam issue is
joined - "No comp"
Should Take a Sound Position u/
NOT be compulled to del w/o
r
" reqd to Join U.o
Good Chance for Dr Bill this year -
Not going anywhere in Sicio-
Morna turn S Spent
Dead anless JA back it ant.
THANK YOU JOHN,
BEFORE GETTING INTO THE "MEAT" OF OUR SESSION, LET ME TAKE A
FEW MINUTES TO SET THE STAGE FOR A DISCUSSION OF PUBLIC SECTOR BARGAINING
LEGISLATION BY DESCRIBING THE COMMITTEE -- WHO WE ARE, WHAT WE DO
AND so ON.
THE NATIONAL RIGHT TO WORK COMMITTEE WAS FOUNDED IN 1955 --
20 YEARS AGO LAST JANUARY BY A GROUP OF EMPLOYEES AND EMPLOYERS, WE
ARE A COALITION OF CITIZENS FROM ALL WALKS OF LIFE, WHO SHARE THE BELIEF
THAT INDIVIDUAL WORKERS SHOULD HAVE THE RIGHT TO JOIN OR NOT JOIN A
UNION WITHOUT LOSING THEIR JOBS,
FROM VERY HUMBLE BEGINNINGS, THE COMMITTEE HAS GROWN INTO A
DYNAMIC AND AGGRESSIVE ACTION-ORIENTED CITIZENS COALITION WITH MORE
THAN 200,000 SUPPORTERS, OF WHICH 90,000 ARE FINANCIAL CONTRIBUTORS --
A FORCE THAT ONLY LAST WEEK UNION OFFICIALS CREDITED -- ACCORDING TO
FEDERAL TIMES WITH "ABORTING A LEGISLATIVE DRIVE TO LAUNCH THE
AGENCY SHOP IN THE U.S. POSTAL SERVICE."
THAT 90,000 FIGURE IS EXPECTED TO HIT 100,000 BY JULY 1.
By THE WAY, LET ME QUICKLY CLEAR THE AIR ABOUT THE COMMITTEE --
WE ARE COMPLETELY AND TOTALLY INDEPENDENT AND HAVE NO CONNECTION IN
ANY WAY WITH ANY BUSINESS GROUP, IN FACT, IN RECENT YEARS, WE OPPOSED
VARIOUS LEGISLATIVE POSITIONS OF SUCH ORGANIZATIONS AS THE CHAMBER OF
COMMERCE OF THE U.S., THE AMERICAN FARM BUREAU AND BUSINESS ROUND TABLE.
WE ARE TRULY AN INDEPENDENT CITIZENS LOBBY. OUR 90,000 MEMBERS PROVIDE
THE COMMITTEE WITH AN OPERATING BUDGET OF MORE THAN $2,000,000 A YEAR,
To EMPHASIZE THE GRASS ROOTS NATURE OF THE ORGANIZATION, LET ME POINT
OUT THAT OUR AVERAGE CONTRIBUTION IS ABOUT $20.00 WITH THE LARGEST SINGLE
CONTRIBUTION BEING ONLY $5,000.
-2-
MOST REPUBLICANS KNOW OF THE COMMITTEE FOR ITS LEADERSHIP IN
OPPOSING THE REPEAL OF SECTION 14(B) OF THE TAFT-HARTLEY AcT BACK IN
1965-1966. THAT EFFORT CULMINATED IN A SUCCESSFUL REPUBLICAN-LED
FILIBUSTER BY SENATOR EVERETT DIRKSEN -- AN ACTION HE LATER DESCRIBED
AS HIS MOST SATISFYING PERSONAL CONTRIBUTION TO DOMESTIC LEGISLATION.
BUT THE COMMITTEE IS MORE, FAR MORE THAN 14(B).
DURING THE PAST DECADE WE HAVE BEEN LARGELY RESPONSIBLE FOR DE-
FEATING EFFORTS TO IMPOSE COMPULSORY UNIONISM ON FARM WORKERS, POSTAL
WORKERS AND PUBLIC EMPLOYEES AT ALL LEVELS OF GOVERNMENT AND MORE RE-
CENTLY IN OPPOSITION TO COMPULSORY PUBLIC SECTOR COLLECTIVE BARGAINING
FOR PUBLIC EMPLOYEES,
WE ARE ALSO VITALLY CONCERNED WITH THE TONE AND DIRECTION OF
PRESIDENTIAL AND CONGRESSIONAL LEADERSHIP, AS IT RELATES TO LEGISLATION
AFFECTING THE INDIVIDUAL RIGHTS OF THE WORKING MAN, THUS OUR CONCERN
OVER THE FAILURE OF PRESIDENT FORD TO RESPOND TO OUR REQUEST FOR A
CONFIRMATION OF HIS PREVIOUS OPPOSITION TO COMPULSORY UNIONISM; THUS
OUR CONCERN WITH THE ATTITUDE OF THE SECRETARY OF LABOR TOWARD "NON-
UNION" EMPLOYEES; THUS OUR CONCERN WITH THE ADMINISTRATION HAVING ONE
OF ITS SPECIAL ASSISTANTS (AND A FORMER UNION OFFICIAL) ANNOUNCE THAT
THE ADMINISTRATION IS SERIOUSLY THINKING OF BACKING COMPULSORY COLLECTIVE
BARGAINING FOR FEDERAL EMPLOYEES,
FINALLY, LET ME STRESS THAT THE COMMITTEE IS NON-PARTISAN, SUPPORTS
NO POLITICAL PARTY AND ENDORSES NO POLITICAL CANDIDATES, AT THE SAME
TIME, IT IS WORTH REMEMBERING THAT BACK IN 1966 IN EVERY RACE WHERE
REPEAL OF 14(B) WAS A MAJOR ISSUE, VOTERS REJECTED CANDIDATES WHO FAVORED
REPEAL SOME 60 MEMBERS OF THE HOUSE WHO HAD VOTED FOR REPEAL IN 1965
WERE NOT RE-ELECTED IN THE FALL OF 1966.
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AND IN 1970 -- DESPITE THE SUPPORT OF THE NIXON ADMINISTRATION,
THE AFL-CIO AND SOME BUSINESS GROUPS -- THE HOUSE OF REPRESENTATIVES
REFUSED TO PASS A POSTAL REORGANIZATION BILL IF IT INCLUDED FORCED
UNIONISM, THE HOUSE VOTED 226-159 IN A RECORDED VOTE FOR RTW.
THAT'S A BRIEF BACKGROUND OF THE COMMITTEE, ITS PAST RECORD AND
CURRENT CONCERNS, HERE TODAY IS REED LARSON, EXECUTIVE VICE PRESIDENT
OF THE COMMITTEE WHO WILL DISCUSS OUR CONCERN ABOUT CURRENT LEGISLATION
INVOLVING PUBLIC EMPLOYEES AND ANDY HARE, OUR LEGISLATIVE LIAISON WHO
WILL DISCUSS THE CURRENT STATUS OF THAT LEGISLATION AND PARTICULARLY
ACTION AT THE STATE LEVEL,