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Subject: Meister / Bush's Anti-Labor Relations Board / Nov 25

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Today's commentary:
http://www.zmag.org/sustainers/content/2005-11/25meister.cfm

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ZNet Commentary
Bush's Anti-Labor Relations Board November 25, 2005
By Dick Meister

The National Labor Relations Board has become a sick joke under President
Bush.  Although legally mandated to guarantee working people the opportunity
to freely engage in union activities, the NLRB has been doing its best to deny
them that vital right.

In their most outrageous decision, the Bush appointees who control the board
ruled that an employer can order workers not to ?fraternize on duty or off
duty, date or become overly friendly with the client?s employees or with
co-employees.? That?s  what a security guard company in San Francisco actually
told its employees.

Now, under those circumstances, it might seem reasonable to assume, it would
be rather difficult for workers to get together to talk about forming a union
or about anything else relating to their work  ­ or to talk much at all ­ for
fear of being fired.

Which  certainly would make for pretty lonely coffee breaks, somewhat
less-than-happy after-work hours at the local pub and far fewer dinners at
fellow workers? homes. And what if a husband and wife work for the same
employer? No pillow talk about the boss?

The board ruling obviously violates the intent of the National Labor Relations
Act, which the NLRB is charged with enforcing -- not to mention violating the
workers? right to collective action, right of privacy, and right to associate
with whom they please, whenever  and wherever they please, to consider
whatever they please. But given Bush?s strong aversion to unions, that?s OK
with the board?s Bush majority.

The decision should force us to seriously consider the question raised by
Washington Post columnist Harold Myerson: ?Just how much control over our
personal lives do the citizens of the land of the free want to accord to our
employers??

There?s more ­ much more ­ that Bush?s NLRB also should answer for.Consider,
for instance, the rulings that have made unionization all but impossible for
the millions of temporary workers who make up a substantial segment of the
workforce and have denied union rights to the graduate students who teach most
undergraduate classes at private colleges and universities.

Appointees of President Clinton controlled the NLRB in 2000, when it ruled
that temporary employees could bargain together with employers? permanent
workers. Both groups of workers, after all, have the same basic concerns about
pay, fringe benefits, working conditions and other job-related matters, and
the unions that do the bargaining had won the right to represent all of the
employers? workers.

The Bush-controlled board nevertheless ruled last year that temporary workers
can no longer bargain jointly with permanent workers unless both the
employment agencies that place them and the employers who hire them consent to
it. Which would be as likely as George Bush appointing AFL-CIO President John
Sweeney to a cabinet post.

The graduate teaching assistants ­ TA?s ­ lost the right to unionization a few
months earlier. They commonly put in at least 20 hours of work a week ­
lecturing, grading papers and exams, leading discussion groups, tutoring and
counseling students, and acting as major aides in the research that
preoccupies most regular faculty members.

But Bush?s board ruled that, however difficult, time-consuming and essential
the tasks, those who perform them cannot be considered workers eligible for
union rights because they happen to be students.

In another reversal of a Clinton-era decision, the board took discriminatory
action against non-union workers in general. It denied them the right that
unionized workers have for co-workers or representatives to be present as
witnesses and aides when employers call them in to face disciplinary charges.

The board also ruled that a group of disabled janitors couldn?t have the union
rights granted the able-bodied janitors with whom they worked, because their
relationship with the employer was ?primarily rehabilitative.?

Yet another ruling has helped employers fend off union organizing drives by
making it much easier for them to charge that organizers? efforts amount to
illegal harassment of their workers, The board also ruled against the once
standard practice of requiring employers to provide financial information to
back their claims of not being able to afford union contract demands and gave
them greater flexibility in locking out workers during contract disputes.

It?s no surprise ­- certainly not to George Bush ­- that  despite surveys
showing clearly that at least half of the country?s workers want to unionize,
barely 12 percent have been able to do so.
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---
TCB'n,
Noah

"The foundation of all mental illness is the unwillingness to experience
legitimate suffering."
        - Carl Jung

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