
Union Thug by LizaWasHere
In another example of disaster capitalism, the Boeing company decided in 2009, at the height of the devastating loss of jobs in this country, to build a new plant to produce the “Dreamliner” aircraft. That sounds like it should be good news, no? Well, according to the NLRB, it was a union-busting move.
Instead of building the plant in Washington State where most of the Boeing aircrafts have been built for decades, Boeing decided to locate its new plant in South Carolina. SC is a so-called “right to work” state with not much labor movement to speak of. Which allows Boeing to hire non-union employees to staff the plant.
The crux of this dispute: Was Boeing’s decision just a case of the company building a plant where they are assured there will be less union activity, and thus less chance that strikes that would delay the production of the 787’s? Or was it done to weaken the power of the International Association of Machinists and Aerospace Workers, the union representing 25,000 Boeing workers?
This lead to a dispute before the National Labor Relations Board, and now the Board is bringing suit against Boeing for unfair labor practices.
From McClatchy:
Catherine Fisk, a law professor at the University of California at Irvine, said the Boeing case is similar to a string of NLRB actions going back decades in which the labor agency charged companies with shifting jobs from union to non-organized workers.
“The heart of the NLRB case (against Boeing) is that opening the South Carolina plant was done for purposes of intimidating the Washington employees from striking again or from being unduly aggressive in their wage demands,” Fisk said
Boeing claims that the IAMAW would not give them enough of a guaranty that they would not strike to make it worth the company’s while to keep production in Washington. This falls flat when you learn that the Union offered a 11-year guaranty that they would not strike. Boeing was holding out for a 20-year guaranty.
Think about that for a second. Boeing is saying it had to do this for business reasons because they big bad Union was only willing to give up its primary leverage with management for more than a decade, but not the two decades that Boeing wanted. Unions are allowed under federal law to bargain away the right to strike, but to me it is never a good idea. Even when the Union was willing to take this very bad path (after all at the time the economy was shedding jobs at close to ¾ of a million a month) it was not enough for the managers are the aircraft company.
Unfortunately these things take forever to resolve. In the two years since the compliant was filed, Boeing has built its plant and is now training non-union workers to start up production. Since this case will go to court and can be appealed all the way to the Supreme Court, it could be several more years before it is finally decided. During that time Boeing will be able to build its planes and hold a stick over the head of the IAMAW. After all if they strike, well, Boeing could move more of its manufacturing to this new plant.
Of course there is a political dimension to all of this. South Carolina Senator and second runner up for the worlds biggest jackass (okay I made that last part up) Jim DeMint has decided that he is also going to try to intimidate the unions and the Obama administration over this. After all, there was the anti-union windfall of the criminal Bush administration and we can’t have the NLRB going back to actually doing its job.
Sen. DeMint has filed a Freedom of Information Act request with the NLRB for any documents showing communication between the Obama Administration or IAMAW and the NLRB. His even makes an accusation, from another McClatchy article on the subject:
“Local 751 (of the International Association of Machinists and Aerospace Workers) would appear to be openly engaged in a pay-to-play system of political influence,” DeMint wrote in a letter to NLRB acting general counsel Lafe Solomon. “The question is unavoidable: Did Local 751′s political activities or campaign contributions ‘gain access to officials’ at the NLRB?”
This is a bullshit grandstanding move. Of course there are communications between the Labor Board and the Union, there has to be, the Union filed the complaint in the first place. The place they have to file such a complaint is the NLRB. This idea that because the Union gave a lot of money (1.9 million) to Democratic politicians and campaigns is nothing sinister. After all, is there any support for Organized Labor in the Republican Party? The rampant attempts at union busting in Wisconsin, Michigan, Florida and Ohio by Republican Governors shows just who is on the side of Labor, which is why the Democrats get contributions from Unions far more than Republicans.
The use of FOIA requests to intimidate political opponents seems to be all the rage with conservatives these days, who fought tooth and nail against any kind of transparency during the Bush administration.
There is no smoking gun here, but that is not what Sen. DeMint is looking for anyway. It is just one more way to put a negative impression of Labor and Democrats out there in the world. You know the evil socialist Unions who want to make sure that workers share in the benefits of a company that makes billions in government contracts. Those bastards!
Expect to see this case get more press and be the subject of Fox “News” and other conservative thought outlets “day of rage” reporting. Even though it will be years before Boeing has to do anything to remedy this (if they ever have to), this kind of legal and appropriate action by the NLRB will be painted as more “job killing regulation” by the Obama Administration.
The floor is yours.



40 Comments

How refreshing to see an agency doing what they’re supposed to do!
Yeah, if there is a scandal here it is the 8 years that the NRLB sat on its hands under the criminal Bush administration.
This is good, but at the risk of being a bit contrarian, things like this will make it a bit harder to oppose/primary Obama, even though he’s done so many horrible Bush-like things.
As a long-time Washington Resident, all I can say is “about time”. Boeing has been a bad actor for many years in dealings with the unions.
Good luck to the NLRB. I hope they don’t sell out somewhere along the line. Does anyone know if there Bushies “burrowed in” at the NLRB who might be capable of derailing this??
and their accomplices in the Obama administration.
How many workers has Boeing laid off from it’s Washington plants as a result of the new SC plant?
No doubt the administration will push for a “bipartisan” solution. Something along the lines that Boeing has to recognize the legitimacy of unions but Boeing be allowed to hire scabs.
If anyone is expecting the butter that Obama has been holding in his mouth since Gov. Walker’s assault on Labor in Wisconsin to melt–you have a long wait.
Obama did nothing to stand up to the Wisconsin Republican’s assault on labor. He sent no representative to Wisconsin. He stayed out of it. At then end when it became apparent that people were mad as hell and were going to actually recall some of these Republican crooks, the White house held an hour long online “discussion” with Biden, Hilda Solis. That was it.
Obama doesn’t give a damn about workers rights. When he went to Brazil back in April. He met with the CEO of corporations like Coca-Cola, a corporation known for their crimes in South American. He didn’t meet with labor leaders. His own hand-picked attorney general Eric Holder gets Chiquita CEO’s off the hook when they are caught red-handed, signatures on checks given to thugs to murder union leaders in Colombia.
Obama doesn’t give a damn about labor. He will put a lid on this, you can take that to the bank. He is not going to let labor get in the way of his election funds.
I would only argue that Obama does actually give a big huge “damn” about Unions: Obama HATES the Unions and, as you’ve clarified in your comment, Obama is doing *everything* in his power to either bust them in SA and/or *ignore* them in the USA in the hopes that the skeevy weasles, like Scott Walker, do the *busting* for him in the USA.
Oh, Obama *cares deeply* about the Unions… just NOT in the way that the voters who voted Obama in want him to.
Just saying… to clarify…
Newsflash: Obama is playing golf.
That is all.
The unions were played for chumps by President Putty.
The company develops a great product/service and over time establishes business operations in various states, some union and some right-to-work (I love the use of the term “so-called” as if it’s not really valid). Over time, it realzies that its union contracts are driving up its labor costs, making it non-competitive. It competes against companies like EADS that are subsidized by various EU countries, by the way.
But when it decides to locate new facilities in RTW states, it gets accused of union-busting and intimidation. As if it decided to spend $750 MILLION just to break a union.
The Boeing unions are holding this company hostage – Boeing should have every right to move its new locations to other states. Period.
No workers were laid off in Washington. In fact, about 2000 workers have been added in WA since the decision was made to locate and additional plant in SC. That has nothing to do with the jobs that will be added in SC because of the operations in the plant nor the jobs added due to the construction of said plant.
I do have a bunch of questions here.
What are the conditions that prohibit a company from opening a plant in an RTW state? Obviously, they could open there if they are a brand new company, or a foreign corporation (look at the car manufacturers). Can they open a new plant for a new product if they are already in a union contract elsewhere? Is it only when the product is already manufactured in the US? Is the dreamliner a new product or all all aircraft lumped together as one? For example, if Boeing developed a new plane, can the start it up in SC and never put it into its Washington plants?
What about other products? Would a paper making plant be disbarred even though the raw material is found in SC?
When is it allowed?
As I understand it, a very high ranking Boeing official had publicly said the SC plant’s purpose was a precaution and response to past strikes in WA. I don’t recall the quote or who the official was.
A bigwig is really stupid saying such, no?, even if the agenda is obvious by itself. We can be glad he did speak, though. The downside is that it probably won’t happen again in such a hamfisted way, or ultimately beneficial to the workers.
I’m wondering why the union offered an 11 year guaranty. In exchange for what? I wonder if some calculation about AirBus played a role there.
BTW I don’t think objecting to the FOIA request is a great idea. There’s probably nothing as toxic there as what that Boeing official said on the record.
FOIA should always be supported, I think, even when the miscreants use it. Otherwise we adopt inconsistent standards, and may weaken causes going forward.
Be warned: DO NOT READ THIS WITH FOOD IN YOUR MOUTH OR YOU WILL CHOKE AND DIE:
“Local 751 (of the International Association of Machinists and Aerospace Workers) would appear to be openly engaged in a pay-to-play system of political influence,” DeMint wrote in a letter to NLRB acting general counsel Lafe Solomon. “The question is unavoidable: Did Local 751′s political activities or campaign contributions ‘gain access to officials’ at the NLRB?”
Really? Are you fucking kidding me?
As is well understood everywhere in the country, any corporation wanting to open a new manufacturing plant is free to pick and choose a site as they please.
Indeed, any corporation willing to open a new plant will find hundreds, if not thousands, of municipalities and local jurisdictions willing to compete against each other to offer assistance, tax breaks, special favors, etc.
In the Boeing case, the issue is not the company’s freedom to open a plant in a RTW state, but rather whether the company illegally retaliated against the union for exercising its legal labor rights (i.e. going on strike).
It’s not an easy case, and the NLRB is to be congratulated for taking it on.
This does not make economic sense Boeing had to take over a Right to Work factory because they could not do the job Boeing outsourced to them. Boeing has not yet had to take over any of the factories they sent jobs over seas too so why send more jobs to fuckups?
On March 28, 2008, in an effort to gain more control over the supply chain, Boeing announced that it planned to buy Vought Aircraft Industries’ interest in Global Aeronautica;[56] the company later agreed to also purchase Vought’s North Charleston, S.C. factory.[57]
http://en.wikipedia.org/wiki/Boeing_Dreamliner#Production_and_delivery_delays
http://my.firedoglake.com/thingscomeundone/2011/06/08/i-heard-this-line-before-it-didnt-work-before-so-why-does-time-think-it-will-work-this-time/
Right to Work States are still more expensive than China and not as evil. If Boeing was about saving money they would put suicide nets on their new factories in Right to Work states and hire some Chinese managers.
Agreed. Nothing wrong with DeMint’s filing an FOIA request. If there is anything improper in the files, it should be brought out in the open anyway.
It’s a phony grandstand play by DeMint in any event. As a Senator with oversight powers, he can get access to NLRB documents of all kinds, even those that are exempt from FOIA.
DeMint should be asked to waive his own FOIA exemption and voluntarily provide copies of his own correspondence and e-mails with Boeing.
“a lesson in the limits of outsourcing”
http://www.technologyreview.com/computing/24567/
You need to register to read the article.
“Boeing, Boeing…Gone”
http://www.fingleton.net/?p=541
Free Republic is to your right sir. Please thake your RW talking points there.
The plane is having problems flying good move Boeing using scab workers.
Dear Friends:
I want to say something and I know that it is going to offend some of you or maybe many of you and I don’t want to offend you because you are great people. However, I met the two biggest assholes at a graduation party this weekend. They were middle class people who were Republicans and I got into an argument with them. They called me a communist and said that Obama was the reason for the high gas prices. They said that it was we Progressives that wanted to kill old people with our Health Care Reform and bring Canadian Health Care to this country…and guess what ??? They wanted less government in this country one of them works for the Government. Its not the Dem’s or Rep’s or Tea Party or Unions or whatever. ITS THE PEOPLE. THERE IS SOMETHING WRONG WITH THE PEOPLE IN THIS COUNTRY. The mere fact that Boeing is running to the south is nothing that should surprise any of us. Now this is the part that will offend you…..Can we build a very strong bold fence along the southern part of this country and airlift our progressives out of there? They are a totally different culture down there and frankly my life would be different if we did not have to put up with the crazy representatives they send to Washington to fuck everything up for the rest of us. Let them be their own country. We might have a chance controlling the pockets of crazies that pop us throughout the rest of the country but the south will never change. And as long as they see salvation in the likes of people like Jim DeMint we are doomed.
But this is classic Obama – doing something that can be claimed as a good for an election in 2012 but has no effect now or in the near future – but we know that – like the public option and a host of other promises – he will do the opposite after the election.
Hard to see this fooling any folks except for those that let there wishes guide their heads.
It will be a “so sorry, but Boeing freedom from law is needed for national defense reasons – great well delivered speech on ‘how pro-union Obama is’ to follow”.
Funny how Germany – HEAVILY UNIONIZED WITH REQUIRED UNION REPRESENTATION ON THE BOARD OF DIRECTORS AND UNION CONTRACTS MUCH MORE EXPENSIVE THAT THOSE IN THE US – is eating our lunch.
Sorry, the nonsense of unions making something uncompetitive will not fly for any that know current and past history.
The South and the Carolinas especially have traded away their citizens’ employment rights in exchange for corporate investments for decades. One of their legislatures’ favorite tactics is imposition of so-called “right to work [right to fire]” laws, that allow employers to file any employee, any time, no liability, no questions asked.
That is, top executives excepted, since corporate boards routinely offer them contracts that make them special. Despite that dozens of other top managers could readily do their jobs, these men are treated by their boards as if they were irreplaceable, even when they run their companies into bankruptcy.
Pay to play? Hahahahahaha. Is there a single lobbyist on K Street, out of the 20-30,000 of them, that still works for a labor union? Do unions spend a zillionth of the amount that corporations and the “Chamber” of Commerce spend every day to influence governmental and regulatory decisions, staffing and laws? I didn’t think so.
It’s not as if Boeing would admit to breaking the law, though if I recall correctly, it’s actions decades ago were a major reason for legislating one of their betes noir, the Foreign Corrupt Practices Act, which makes giving bribes, at least to foreigners, and not accounting for them correctly to be felonies.
NLRB is doing its job. Since when does an employee get an “outstanding, consistently exceeds expectations” rating for doing the minimum required?
It would readily spend that and more to avoid or break unions. How much do you think Wal-Mart spends annually to fight and avoid them around the globe? Include, of course, the income it has foregone by not investing in or withdrawing operations from countries that protect their workers. What companies do you think fund an entire industry of union- and labor-fighting “consultants”?
I appreciate your comment, but do not agree that a taxpayer funded agency doing its job should be considered a startling event.
You are right about one thing..Our life down here is completely different, and we want it to stay that way. I Never and I mean Never want to be forced to join a union. I would never work anywhere that union membership was required. It just goes against our grain. And this my friend is why we are in this mini civil war. We don’t want you to have to change, OK,,get that..What we dont like is you telling us to change..So stop it..There is plenty of room for all of us. How do we reach this compromise? Thru limited Federal Government and a resurgence of States Power and States Rights. And I predict that the NLRB will lose this fight. Never in the history of this country, has Government had the authority to tell a business where it can DO business.
You seem to be missing a lot in this story.
The NLRB is looking to begin a judicial proceeding to determine whether Boeing illegally violated the labor rights of Boeing employees who are IAM members. If they are found guilty, there will be a penalty. This has been standard in labor law for about 70 years.
The NLRB has no power to force Boeing to close its SC plant or to force SC workers to join a union.
Don’t fall for all this CoC/DeMint hysteria and hyperbole.
Exactly…thank you for acknowledging this. 5 years ago I worked for $8.00 an hour and no benefits. Some of my co-workers had 11years of seniority and were making $8.90 and hour. We now have a Union and I make $18.00 an hour with benefits. Now you folks in the South don’t mind living in poverty …but I do. I want good schools, great medical care , paved roads to drive on, and I want to do an honest days work for an Industry that shows some respect to their employees. You and I are different….your schools are bad, you believe anything your wealthy employer tells you and you don’t mind struggling for a living. You think that if you just pray everything is going to be fine. And I happen to like the Federal Government. It can be a great help to all of us if we use it wisely. You are led to believe that the Government is evil when the real evil is Capitalism. But you are right, I also believe that the NLRB will fail because of that lovely Supreme Court that I bet you support. By the way you mention “mini civil war”. You are brave to show your true colors. Thats just the problem. Your are still fighting that war. No ma’am / sir…there is not room for all of us. Not when you are ok with limited health care, increased poverty, and limited care for the elderly.
The state laws which allow employers to terminate employees at will are called, Employment at Will laws, (my, my such a co-in-key-dink).
In states with such laws, an employer may terminate any employee at anytime, for any reason and not even be forced to tell the employee why he/she is being terminated. Do not confuse Right to Work laws with Employment at Will laws. They are totally different animals.
That’s not right.
I’m not a labor lawyer, but I do have some experience in this area.
“Employment at Will” is a legal concept that applies to the relationship between an individual employee and his employer, without any reference to any state or federal law.
The “Employment at Will” concept means that the employer has the right to hire, fire, transfer, demote, etc. any employee for any reason.
The exceptions are pretty limited. The employer is not allowed to violate the law, especially the federal/state/local labor and anti-discrimination laws. The employer is not allowed to violate the collective bargaining agreement, in those limited cases where an effective labor contract is in effect. And the employer has to honor the personal service contracts that are in effect, such as those that apply to senior executives, entertainers, contractors, etc.
Otherwise the employer has essentially unlimited ability to hire, fire, transfer, etc. its employees at its will.
In other words, being “employed at will” is not a function of state law, but rather of the specific relationship between an employee and employer.
A union member in SC (yes, there are union members in SC!) has the same federal labor law protections as a union member in NY or Cali. That employee also has the same federal protections against racial, gender, age, etc. discrimination as anyone else in the country.
Outside of the limited protections offered by law and by collective bargaining agreements, all of us are “employed at will.”