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National Right to Work Committee (3)
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475282979
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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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1975-10-31
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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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 Additional copies available from: NATIONAL RIGHT TO WORK COMMITTEE 8316 Arlington Boulevard Fairfax, Virginia 22030 FORD Shirtsleeves Sunny today, high in the mid-80s. Fair to- 60s. Partly cloudy The Washington Star CAPITAL night, low in the mid- SPECIAL domorrow, high in the mid 80s. Details: B-4. TUESDAY, MAY 20, 1975 Copyright © 1975 The Evening Star Newspaper Co. Phone (202) 484-5000 CIRCULATION 484-3000 CLASSIFIED 484-6000 15 Cents On Newsstand 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. -3- 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,