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Labor Board Tells Boeing New Factory Breaks Law

there should be a level playing field to prevent the employee from being exploited
before unionism was pervasive, employees were obliged to do whatever the employer required - or leave
on its face, that seems reasonable, but it's actually exploitative (or has the potential to be)
you likely won't have to look around too far today to find someone who spent their career working for some company, only to be terminated (at will, since they were not working under union contract terms). the employer terminates them to hire a younger, cheaper employee ... and to avoid having to pay the retirement benefits to the employee who had spent his career working for the company but was just before becoming vested in that retirement plan
by this time, the terminated older employee likely has a difficult time getting a similar job elsewhere and may not have enough working years remaining to qualify for a retirement package
this is something the younger workers who are opposed to unionization should contemplate


they have invested their years of service. that is something they cannot recover. they have denied themselves the ability to work elsewhere to accumulate a better salary and benefits


the workplace is what is found to be a union activity, if the election has determined that was the decision of the majority of the rank and file. all non management employees are then covered by the union contract, whether the employee pays union dues or not. the union must represent the non dues paying bargaining unit members just as it represents the interests of the dues paying union members. the only thing the employee gets by paying dues that they do not otherwise enjoy at a bargaining unit location, is the ability to vote in the union elections (and to be an officer of the union). please note that option to pay union dues or not exists only in the right-to-work states

as was noted above, it is the workplace that was elected to be represented by the union. employees who are added or who replace exiting workers are automatically union represented employees (bargaining unit members)
in the federal sector where i gained my experience, a contractor's employees may have voted to become unionized. if at the end of that contractor's contract period, if another contractor wins the follow on contract, that new contractor inherits a unionized workplace
the contractor and all employees may be different than what was there previously, but the work site remains a unionized bargaining unit

just as elections can be conducted to bring a union in to represent a work place, an election can be held (again with a 30% showing of employees) to de-certify a union. in that situation 50% of the employees plus one will be enough to end the union representation at the work site



the employer does not have to agree to anything. it must freely engage/participate in negotiations. there will often be an impasse of the parties. when agreement is not reached the federal impasses panel comes in to divide the baby. whichever party's position was most reasonable at the time of the impasse, as determined by the impasse panel, becomes the contract terms. so, if the union over reached, the employer's position would be found most legitimate and thus directed to be adopted. if the employer was the less reasonable party, the impasse panel would direct that the terms proposed by the union at the time of impasse would then be binding on the parties
that aspect is little understood. if you seek too much and have to go to impasse, you will likely be the losing party

As a past union member during my working career, in exchange for dues, my living wage and benefits were negotiated for me on a regional basis, I did not have to waste time looking for employment because I had a dispatcher with world-wide connections, I had ongoing health care, strike benefits, life insurance, disability pension & retirement pension, lawyers, co-op banking, and a host of discounted services and products. A private worker would be lucky to get any of those perks. I was also insured the guy working next to me had been trained in an apprenticeship to work accurately, safely, and professionally, and I had worker rights enforced on our job sites.
 
As a past union member during my working career, in exchange for dues, my living wage and benefits were negotiated for me on a regional basis, I did not have to waste time looking for employment because I had a dispatcher with world-wide connections, I had ongoing health care, strike benefits, life insurance, disability pension & retirement pension, lawyers, co-op banking, and a host of discounted services and products. A private worker would be lucky to get any of those perks. I was also insured the guy working next to me had been trained in an apprenticeship to work accurately, safely, and professionally, and I had worker rights enforced on our job sites.

And while that sounds all nice, a lot of businesses can not afford to provide all those things.
Businesses do not exist to give you stuff, that you are not worth paying.
 
But there is no law requiring an employer to provide an retirement and if someone is willing to work for cheaper, why shouldn't he/she be replaced?
but the employer can give the appearance of a retirement plan to entice the desirable employees. and then using the classic carrot and stick, takes away the retirement carrot and gives the aged employee the stick - no job with no retirement benefits and a then lessened opportunity to go forward and earn them elsewhere

Widespread exploitative businesses before unionization is a myth perpetuated by ****ty history teachers.
if only you were correct
i am an old fart. but remember as a boy of nine going to my grandmother's friend's home. it was a tiny place right beside the mill she had worked in all her life
she showed me the box she used when she was a girl of six working in that textile mill. the box was needed so that she would be tall enough to reach the machines. she pushed the box from one machine to the next. smart woman, but uneducated. tough to go to school while also working a 10 hour shift six days per week at the mill - when you are six years old
she told me of the working conditions she had to endure. that alone tells me the history teachers have it right. your attempt to re-write history is misguided

That's not an investment, they got paid for working the whole time.
they did get paid for the time worked. they did not get paid for the retirement benefits they had earned because they were terminated before becoming vested in those benefits

An investment is putting up money and time in exchange for a future payout, these employees have already been paid.
then we agree. the money the employer was (supposedly) salting away in a retirement fund for the employee to enjoy upon retirement was their financial investment. obviously they spent significant time accruing those expected retirement benefits. thus, the employee was fully invested monetarily and with time ... but according to the employer - who would prefer to pocket the sinking fund holding the employee's retirement money - the employee was not vested. terminated instead, forfeiting any right to retirement, because the employer exercised his right to terminate at will

But why should they be?
Why should new workers automatically be grandfathered?
because the workplace remains defined. the employees tend to be fungible. thus the work place defines the site of union representation

New employees did not elect to be represented as such.
no, they didn't. but they knew - or had the opportunity to know - before coming on board that they are about to become a represented employee of a bargaining unit

The employer should be completely able to walk away if the demands are to much.
all but the enlightened owners/employers would always insist that the union demands were too great and cite that as their reason not to agree to union demands
you seem to forget that the employer as does the union, signs a labor-management contract defining the processes of the workplace regarding conditions of employment. that is not a unilaterally crafted agreement

Currently they can't do that when the employee can, why don't we make that level?
no, the union does not get to walk away, either. that would constitute an unfair labor practice of the union. good faith bargaining is required. and if they cannot reach agreement, then the impasse panel can step in and split the baby
 
Whovian said:
Just...

Here's a link to the statutes you mentioned (and I used above).
United States Code: Title 5,CHAPTER 71—LABOR-MANAGEMENT RELATIONS | LII / Legal Information Institute

Please drill down and post exactly which ones you believe Boeing broke.
Geez... I even gave you a link to the exact statutes you mentioned. You could at least have the courtesy to check it out and post for us the exact statute Boeing broke.

Justabubba.. you know this post was a direct question to you, right? Since you brought it up, I thought it only fair that you show us which statue Boeing broke that make this, in your own words, 'union busting'.

You'de expect nothing less of me or any other poster.
 
Maybe Title 5 is related to government employees and has no bearing here ?
 
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the National Labor Relations Board under President Obama, the agency filed a complaint Wednesday seeking to force Boeing to bring an airplane production line back to its unionized facilities in Washington State instead of moving the work to a nonunion plant in South Carolina.
Welcome Boeing!!

Not only do companies want to move to the South, so do many Americans -- business friendly, lower housing costs, lower taxes, warmer climate... it's no wonder that people are moving in droves from places like New York, DC, Michigan, NJ, Illinois and Massachusetts to come to places like NC, SC, Florida and Georgia.
 
So, more businesses do not want to be unionized. Why do you think that is?

Probably because unions cost more money than they make for a company.
 
Unions are people, so it is the same topic. Where has a business paid more for less using union help? Or faced strikes instead of walk outs? And what disadvantaged workers are your refering to? Union workers or nonunion workers?
Hmm lets see....
American Airlines
CT Highway Dept.
SuperValu
NY/NJ Port Authority
Moran Term
the list can go on and on

I know because when I go to these places I do all the work myself, with the exception of CT Highway Dept. They just shut down lanes in the interstate and use five dump trucks with five drivers to have one dude on a riding lawn mower to mow grass in November.
 
Probably because unions cost more money than they make for a company.

that may be a significant issue
what i found was that the employer most objected to the appearance of co-management. they wanted to make decisions unilaterally. and that is a much easier practice for them
of course that was in the public sector where profit making was not a consideration
 
Still look slike the union broke the rules...


United States Code: Title 29,158. Unfair labor practices | LII / Legal Information Institute
to engage in, or to induce or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in, a strike or a refusal in the course of his employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services; or

Bubba... since this is the correct statute... maybe you'd care to look at the link provided and find the specific one Boeing broke???
 
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Excerpt from the NLRB website:


This appears to be the section referred to in the case:

TITLE 29 > CHAPTER 7 > SUBCHAPTER II > § 151

§ 151. Findings and declaration of policy

The denial by some employers of the right of employees to organize and the refusal by some employers to accept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest, which have the intent or the necessary effect of burdening or obstructing commerce by
(a) impairing the efficiency, safety, or operation of the instrumentalities of commerce;
(b) occurring in the current of commerce;
(c) materially affecting, restraining, or controlling the flow of raw materials or manufactured or processed goods from or into the channels of commerce, or the prices of such materials or goods in commerce; or
(d) causing diminution of employment and wages in such volume as substantially to impair or disrupt the market for goods flowing from or into the channels of commerce.
The inequality of bargaining power between employees who do not possess full freedom of association or actual liberty of contract, and employers who are organized in the corporate or other forms of ownership association substantially burdens and affects the flow of commerce, and tends to aggravate recurrent business depressions, by depressing wage rates and the purchasing power of wage earners in industry and by preventing the stabilization of competitive wage rates and working conditions within and between industries.
Experience has proved that protection by law of the right of employees to organize and bargain collectively safeguards commerce from injury, impairment, or interruption, and promotes the flow of commerce by removing certain recognized sources of industrial strife and unrest, by encouraging practices fundamental to the friendly adjustment of industrial disputes arising out of differences as to wages, hours, or other working conditions, and by restoring equality of bargaining power between employers and employees.
Experience has further demonstrated that certain practices by some labor organizations, their officers, and members have the intent or the necessary effect of burdening or obstructing commerce by preventing the free flow of goods in such commerce through strikes and other forms of industrial unrest or through concerted activities which impair the interest of the public in the free flow of such commerce. The elimination of such practices is a necessary condition to the assurance of the rights herein guaranteed.
It is hereby declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection.

The Unions home page:

IAM District 751 Home

The Unions contract:


Article about Boeing's possible motives:

Boeing's whopping incentives | The Post and Courier, Charleston SC - News, Sports, Entertainment
.....The Post and Courier's analysis, which relied on conservative figures, put the incentives-package value at more than $900 million, and it could easily be worth more.

The bulk of the incentive package comes in the form of property tax breaks in Charleston County worth at least $306 million over the next 30 years, and up-front money to be given to the company through state bonds at a cost of roughly $399 million.

Some items, like exempting Boeing from paying sales taxes on computers, jet fuel and construction materials, are difficult to value and were not included in The Post and Courier's estimate.

This much is clear: For every dollar Boeing has promised to invest, the state has promised Boeing more than $1.25 in benefits, either in up-front cash or in future tax breaks.....

IMO Boeing and certain other big corporation have merely become legal extortionist. The "How about I move all the jobs if you want a union?" and "We will move our factory to your town if you give us tax breaks for the next 50 years" is hurting wages and tax revenue.
 
Excerpt from the NLRB website:



This appears to be the section referred to in the case:



The Unions home page:

IAM District 751 Home

The Unions contract:


Article about Boeing's possible motives:

Boeing's whopping incentives | The Post and Courier, Charleston SC - News, Sports, Entertainment


IMO Boeing and certain other big corporation have merely become legal extortionist. The "How about I move all the jobs if you want a union?" and "We will move our factory to your town if you give us tax breaks for the next 50 years" is hurting wages and tax revenue.

So let me see if I have this straight. Are you actually saying that businesses aren't allowed to relocate, or open up another branch unless they unionize? And you call the business extortionist?


j-mac
 
So let me see if I have this straight. Are you actually saying that businesses aren't allowed to relocate, or open up another branch unless they unionize? And you call the business extortionist?

j-mac

Of course that's what they're trying to say. The IAM has been pulling this s#!t on Boeing for years. Unions always say business can't build or produce without OUR workers, but when businesses call the bluff the unions pitch a fit and whine to the gov't. Of course it's always the businesses fault.
 
Of course that's what they're trying to say. The IAM has been pulling this s#!t on Boeing for years. Unions always say business can't build or produce without OUR workers, but when businesses call the bluff the unions pitch a fit and whine to the gov't. Of course it's always the businesses fault.

I love that they call the businesses the extortionists. That takes real balls. Lots of businesses have several outlets, or branches of their business where some are union, and some aren't. Usually what happens is that those outlets get shut down, and those union members out of work.

Can't say as I blame the businesses for doing such when you hear of thugs like these people.

j-mac
 
Of course that's what they're trying to say. The IAM has been pulling this s#!t on Boeing for years. Unions always say business can't build or produce without OUR workers, but when businesses call the bluff the unions pitch a fit and whine to the gov't. Of course it's always the businesses fault.

precisely. they repeat like a mantra that they don't destroy productivity because unionized labor is better.... but when put to the test, they fail. if the IAM didn't harm efficient production, Boeing wouldnt' be looking to hire non-unionized labor.
 
IMO Boeing and certain other big corporation have merely become legal extortionist. The "How about I move all the jobs if you want a union?" and "We will move our factory to your town if you give us tax breaks for the next 50 years" is hurting wages and tax revenue.

How about, "This is a free country, and you're a private citizen with the freedom to make your own business decisions?"

If a company decides to move out of one state becuase that state is a denial-of-freedom state, and moves to a pro-freedom, ie, right-to-work state, guess what?

It's literally no one's business but the stock holders.

It's not the unions' business, except to the extent they can vote the shares of stock they hold in the company.

A company should not be denied its freedom to move just becuase another state is less tolerant of racketeering unions.

A company, when the union's contract expires, has every moral freedom to fire all workers who refuse to come to work. It's under no obligation whatsoever to re-negotiate next year's bondage, if it feels it's more profitable to shift back to an non-union workforce.

The employer controls the job and who gets to do it, not the unions. That basic freedom should never be violated.
 
So let me see if I have this straight. Are you actually saying that businesses aren't allowed to relocate, or open up another branch unless they unionize? And you call the business extortionist?


j-mac

These same people are the ones complaining when businesses for some strange reason decide to move unionized manufacturing processes overseas....
 
Business has never agreed with being unionized. That's the point of unions. If unions and business agreed there would be no point to having unions.

Has nothing to do with agreement. If the unions cost so much that moving to another state is more cost effective, then the company has the right to move to another state. The union should have asked for less, considering the economy.

This isn't Russia, is it? Is it? I fully support unions, but what I see here is a different kind of union - A Soviet Union reborn.
 
Who will we blame for our problems when all the unions are gone?

union-membership-300x248.jpg

The Decline of Unions, Part One: President Jimmy Carter, Union-Buster Extraordinaire | RedState

And what will that mean regarding a balance of funding between corporate and unions for political candidates, especially in light of the passage of Citizen's United?
 
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Who will we blame for our problems when all the unions are gone?

they certainly aren't responsible for all our economic problems. just some of them.


yup. as unions either fail to produce, or strangle the busineses that they leach onto, they have dropped in membership.

except, of course, in the public sphere; where they are growing rapidly. :) you can always screw over the taxpayers for a few more dollars, the management is more easily bought off, and nobody has to worry about producing a quality product or maintaining the bottom line. :)

And what will that mean regarding a balance of funding between corporate and unions for political candidates, especially in light of the passage of Citizen's United?

given that Citizens United gave unions the same freedoms as it did corporations, and given that unions spend way more dough on electioneering than corporations do, i'd have to say advantage; unions - particularly public ones.
 
given that Citizens United gave unions the same freedoms as it did corporations, and given that unions spend way more dough on electioneering than corporations do, i'd have to say advantage; unions - particularly public ones.

sure you give them the same freedom to contribute and then end their rights to bargain collectively. During the last election, of the big money donors, all but the unions donated to the GOP. Now remove the unions from the picture and what do you get? All the big money donors are for one party. I don't think I will be as fond of one party rule as you seem content to be.

As I said before, we abandon unions and worker's rights at our own peril.
 
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