Published On: Tue, May 21st, 2013

Decision By The NLRB Highlights The Real War On Workers

the nlrb Not too long ago, Michigan public employees protested what they referred to as “union busting” tactics by Republican lawmakers.

Union supporters carried signs outside the sandstone capitol building in Lansing with slogans such as: “Stop the War on Workers,” or “Shame On You.”

It has been obvious for quite some time that American workers are competing against workers who earn just pennies a day in other countries. Greedy corporate bosses rake in obscene profits at the expense of workers trying to provide for their families. Unions will not allow a roll-back of the clock to the times when workers were abused, worked until they dropped, and often died just trying to put food on the table. Be assured that the Coalition is meeting on a regular basis in order to determine strategies for the future. There are lawsuits that have been filed by the Coalition, the Michigan AFL-CIO and the ACLU. - MSEA News, Feb/Mar 2013 – Ken Moore, MSEA President, AFSCME Local 5

Give those Republican hell! By the way Mr. Moore, could you give an explanation as to why it is okay for you to union bust your own staff. Ah, roll back the clock of time to when workers were abused and paid pennies a day.

According to NLRB documents, there have been eight cases filed against this public employee union president for violations of the National Labor Relations Act. The charges filed with the NLRB alleged that Ken Moore went about the trying to break the union by firing the union employees. Based on testimony from Benny Poole Jr., a union steward for MSEA, Moore repeatedly said, “You have to help me get COSA.”

COSA is the Central Office Staff Association. A union that only represents the eight member staff in that public union office. Of that eight, Moore is alleged to have attempted or succeeded in terminating four and forcing one into retirement. Poole testified that he “understood that “get COSA” meant “get rid of COSA”. Mr. Poole went on to add that Moore voiced these very intentions at the union’s board of directors’ meeting.

Q. But did he give, during these conversations, did he express anything as to what would happen with COSA?

A. Yes, he stated that he was going to get rid of them. And as far as on some occasion, he spoke and he gave the names of a couple that he’s going to fire and get rid of COSA.

One of the directors, Christopher Little had a conversation with Nancy Durner, one of the COSA members. Little testified as follows:

— she had mentioned the fact that working around Ken in the office was really hard and then he was making things difficult for them. He was taking away their jobs and giving them to non-union workers and kind of removing duties from them.

The Administrative Law Judge, Keltner W. Locke’s stated his findings about Moore and his actions as follows:

Moreover, the record reveals that Respondent’s president, Moore, had a 30 nearly visceral hostility to COSA which manifested itself in the unfair labor practices found above and the Respondent’s conduct at the negotiating table, addressed below. Based on the credited testimony of Benny Poole Jr., I have found that Moore harbored not merely animus but an abiding intention to get rid of COSA by discharging its members. Eliminating the bargaining unit work, I conclude, was part of that plan.

Attorney for MSEA Brandon Zuk stated in a phone call with The Brenner Brief, that they would be filing exceptions to this decision by May 22. Other than that, he couldn’t comment on the case. However, with the NLRB in disarray due to the unconstitutional appointments by Obama, this is the same delay tactic that unions have accused corporations of using in order to avoid complying with the Administrative Judge’s ruling. In the meantime, those employees who were wrongfully fired by the Michigan State Employees Association during their “War on Workers” will remain unemployed until the appeal is heard.

So, where were the MSEA members’ signs stating “Shame on You”? Why are they not picketing for the removal of their president? Why is the AFL-CIO silent on this “War On Workers’?

See copy of NLRB Decision Here

Administrative Law Judges Decision

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About the Author

- Over 20 years experience with organized labor. Author of "Union Hypocrisy" available on Amazon and on Amazon Kindle. Rebecca is a contributor to the Brenner Brief. Rebecca conducts training seminars for management, has been a guest on radio programs across the U.S. and has also been a guest speaker at the Conservative Leadership Conference in Las Vegas. She had experience with the NLRB. Rebecca previously worked for the International Brotherhood of Teamsters as the Executive Director of Training. She was a member of the Teamsters for 17 years. She has negotiated contracts, was the Secretary Treasurer for the Western Apprenticeship Conference Association, handled arbitrations, grievances, OSHA training, and steward training. She was the Chairperson of the Nye County Transportation Board and sat on the Yucca Mountain Advisory Committee. She was trained in Radworker II by Bechtel and Lawrence Livermore Laboratories as well as Hazardous Waste Operations and Emergency Response.

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Rebecca M. Smith

Over 20 years experience with organized labor. Author of "Union Hypocrisy" available on Amazon and on Amazon Kindle. Rebecca is a contributor to the Brenner Brief. Rebecca conducts training seminars for management, has been a guest on radio ... Read the full profile...