by David Bego
Unfortunately to special interest groups and unions, employees are no more than pawns in a chess game that is all about money. I know from personal experience as EMS was not allowed to bid on a series of buildings because EMS is non-union. This particular company underwrites a substantial amount of the SEIU health care insurance business and, in turn, has intimate connections with people in Congress who will vote on the Employee Free Choice Act. Obviously, if the SEIU can put enough pressure financially on this company to restrict non-union companies from bidding, it theoretically will also be able to place pressure on the company’s congressional connections to vote for the Employee Free Choice Act, without regard to whether the bill is necessary or desired by the American public. In my estimation there is a conflict of interest, which needs to be addressed.
So how does this affect employees? Well if I have not mentioned it before, this is a good time to relate that the SEIU is in favor of Health Care reform as it stands to benefit in several ways. It will benefit of course at the expense of the very people it professes to protect. First, the SEIU is hopeful that the current administration, which benefited tremendously from union support during the recent campaign, will supposedly propose that your company health care benefits be taxed unless you receive such benefits through a union program—in which case they would not be taxable. This would be an immense advantage for union organizers. Does it seem fair to you that unions obtain an unfair advantage at your expense? Probably not, but it is union payback for campaign support.
Second, the SEIU pushes for full-time people in all contracts. Why? Not just so people have more take-home pay, but also because they can sell them health care insurance, charge higher dues, and put more money into union coffers, which in turn is used to elect politicians who push new laws that favor unions and their maniacal need for new membership growth, all at employee expense. Obviously this will provide an uneven playing field, just as EFCA would if passed, and place unwanted pressure on individuals and companies to be unionized whether or not they have an interest!
During my visit to Washington D.C., our contingency chatted with, among others, Senator Richard Lugar (R-Indiana), and Congressmen Mike Pence and Dan Burton, Indiana Republicans. Besides meeting with the politicians, we talked to legislative assistants who appeared to know little about us, why we were there, or the EFCA.
While passing by the office of the Senate Majority Leader Harry Reid’s office, one of my colleagues suggested I stop in and pay Senator Harry my respects. Never afraid to take on a challenge unless it involves an opponent giving me few too strokes as a handicap in a golf game, I marched through the door, told a young secretary who I was, and asked to see Senator Reid if he was not too busy shining President Obama’s shoes. Just kidding, of course, but as the President is such an advocate of the EFCA along with his Vice President, who knows what good ol’ Harry might be doing based on the pressure exerted by Stern and the SEIU, strong contributors to any democratic cause regardless of its merit.
Although I was told Senator Harry was not available, a nice young man (very young), acting as a legislative aide of some sort agreed to speak with me. We sat in a cute little office and I began to give him my reasons for opposing the EFCA. As I spoke, I noticed he had a fondness for a nearby wall while glancing from time to time at his lap. If he had yawned, I wouldn’t have been surprised, but instead he simply nodded although I believed he was not hearing a word I said. Finally, I decided enough was enough, and said, “You don’t get it, do you?” His face jerked to attention, and he replied, “What do you mean. Hey, we are not your enemy.” I quickly said, “I didn’t say that, but you don’t even know what I am talking about and could care less.” Realizing this meeting was going nowhere, I thanked him for talking to me, shook his hand, and left shaking my head in bewilderment at our political process. When I returned to my business colleagues, I told them of the experience. Not one was surprised.
Whether the meetings made a dent in anyone’s perception of the EFCA was unknown, but at least we had attempted to make a difference. An ally in our opposition to the pending legislation is the National Right to Work Committee (NRTWC.org), 2.2 million members strong. Their purpose: “dedicated to the principle that all American must have the right to join a union if they choose to, but none should ever be forced to affiliate with a union in order to get or keep a job.” Amen, my belief exactly, since any organization that “combats compulsory unionism” is a friend to the worker. And a friend it was when the NRWC spoke up in late March when news hit the ground that Costco, Whole Foods, and Starbucks were agreeing to a “compromise” regarding the check card provisions supported by the SEIU.
One argument proposed by the NRWC, besides the apparent elimination of the secret ballot election, is one which is not considered when the EFCA is debated, which is mandatory arbitration. This is the absolute requirement that if a “first” contract between an employer and employee appears impossible after 90 days, the matter will be decided by compulsory and binding arbitration with no opportunity for appeal in the courts. As the NRWC pointed out, “Ending secret ballots is just the beginning of the evils of this legislation. Once workers are bullied into union ranks without even a secret ballot, union officials would make outrageous demands and—a mere 90 days later—Obama Administration bureaucrats will be empowered to step in and ‘solve the problem,’ ultimately imposing the terms and conditions of employment on the workers and the companies.” Does this sound fair? Of course not, companies, employees, and unions should all have the benefit of the right to appeal to our system of law. Why should it be any other way?
To show their distaste for these types of opposing views, SEIU’s website posted a scathing report on a Small Business Meeting held in Washington D.C. on March 25. Dismissing the event as pure Republican propaganda, they chastised the comment from Senator Orin Hatch (R-Utah): “[Free Choice] sure seems like an Armageddon to me.” And they were even tougher on former Labor Solicitor Eugene Scalia. He believed if the act was passed, “union members would surround employees in parking lots.” How true this statement was based on EMS’s experience during the war with SEIU.
As the debate continues, I’m with those who want the truth to win out. The EFCA legislation appears to have slowed in the Senate providing some hope more investigation will be permitted regarding the merits of the act. But the SEIU is a very powerful, well-financed, and politically connected organization with ties to the highest office in our land, making the fight to stop the EFCA foreboding at best.
While I hold my breath that EFCA will be defeated as more senators learn the truth, SEIU apparently is back in action. Stern wants to win, and will attempt to do so at all cost. Just when I thought we were free of the tentacles of the union, they kicked us in the pants on tax day, 2009 by distributing a flyer outside Market Tower titled “Protecting Freedom is Everybody’s Responsibility.” Below these words were “But EMS—the Janitorial company that cleans Market Tower—is undermining those freedoms. Region 16 of the NLRB has found that EMS violated the law of the land by: Illegally refusing to reinstate janitors who were engaged in a protected Unfair Labor Practice (UPL) Strike,” and “threatening and interrogating low-wage janitors who speak up for a better life.”
Regardless of the authenticity of the claims (including the fact that we have since been absolved of any wrongdoing), and the accompanying protest complete with bullhorns, children, large signs, and flyers, this incident reminded me once again of one clear truth—Stern and the SEIU were not giving up. The war continues as I remind myself each day of his words, “We like conversation, but we embrace confrontation.”
Rebuttal of EFCA:
A Modern Day True
Story
AS THE EFCA WEAVES ITS WAY THROUGH CONGRESS, CONTINUED misinformation is released daily by the SEIU and others who oppose companies like EMS. This occurs despite multiple examples existing where the EFCA way of life simply is not workable.
One such example occurred in April 2009 at a
steel mill in Ohio. This time the union was not the SEIU, but the Machinists Union. It was attempting to unionize 20 of our workers.
Cause for the unrest, one that came with much surprise as we had never heard a discouraging word from the workers, was tied to the fact that more than two thousand plant workers, because of the tough economic conditions, had been laid off. When the union replaced our workers with twice as many steel workers, the cleaning was not done properly and our workers were asked to return to their jobs. The Machinists Union did not care for this turn of events and decided to attempt to organize our employees. An election was called for where the union promised the moon and pressured the workers into signing union cards. Because EFCA is not law yet, a secret-ballot election was called for, a procedure permitting us to speak to the employees about the EMS position while not degrading the union. If EFCA would have been law we would have been negotiating a contract instead of preparing to meet with our employees concerning the upcoming election!
As required by law, the election would be held within 42 days. According to the act mandates, we chatted with the employees during meetings while the union took them out for chicken wings and beer. I wondered if we should have bought some beer (something not permissible by law on our side) as well but the union had the evening hours all tied up. We were very careful not to promise anything in contrast to the union’s ability to do so. And we had to document everything said so as to keep a record; the union did not. During the first meeting, I read a letter prepared by the attorneys, but I hated doing so, because it was so impersonal. The next time I used a prepared outline with more personal words about why I loved EMS and why I thought the employees did not need the union when we were dedicated to protecting their rights all down the line.
When we discovered that many of our employees were being followed all day by an organizer named Roy, we worried that his influence and pressure would win out. This had caused many to sign the union cards along with promises of double the wages, an unrealistic promise if ever there were one. As the employees listened to me it was evident in their eyes they did not realize that just because they signed cards they were not committed to voting for the union during the private secret-ballot election. It was also easy to tell they did not know all of the facts and the consequences of becoming union. Meeting by meeting, it was clear the tide was turning in our favor through interest in what I had to say. Imagine if the EFCA had been in place. The pressure on the employees would have been absolutely incredible with tough steel workers watching the process to see if everyone stood in lock step with union demands. And, most importantly, we would have never had the chance to speak to the employees about our company position. Instead, the wings and beer chats would have been the only information the employees received, certainly only one side of the story.
When election day arrived April 29, 2009, I held my breath as the time neared for the results to be announced. While we were not dealing with Stern and the SEIU, I knew they would be watching closely to see if our employees chose the Machinists Union over me. If we lost, I could expect more harassment, more intimidation, more threats, more flyers, more handbills, more nasty customer letters, more phony NLRB and OSHA charges, and more embarrassing media moments where I was labeled anti-union and anti-American. The war would continue for who knew how long in spite of my attempts to end it in a peaceful and professional manner.
After the secret-ballot election, the vote was two to one against unionization. Because the union would have never petitioned for an election without 70 percent of the employees signing union cards, this meant we turned around the minds of a majority of the workers. And we did it with the truth, through old-fashioned, friendly, informational meetings (no harassment or intimidation as is often claimed) where the workers heard the facts and could ask any questions they wished. What better example of democracy is there, I ask? Bless those workers for their belief in EMS. Their support is an inspiration, one that will keep me fighting the fight against those who intend to stomp on employee rights.
The results are also proof positive that the current NLRA process works if both sides abide by the law and that EFCA is not only unnecessary, but a ploy by the SEIU and others to stop their sliding membership rolls. Hats off to the Machinists Union for conducting the campaign honestly and by the book, unlike the Corporate Campaign process that the SEIU uses to browbeat employees and companies into unwanted unionism.
Even better, the machinist representatives were gentlemen when they lost, just as I would have been if I had lost. But they shook hands and left peaceably, even though they had to be disappointed. Democracy in action, I would call it. True democracy.
Acknowledgments
A BOOK IS A COLLECTIVE EFFORT ON THE PART OF MANY PEOPLE AND I thank all of those who have been so important in supporting me through this vicious campaign imposed upon EMS by the SEIU.
First of all, to my wife Barb and my children—thank you—who had to put up with long hours and diversions from family time. As events occurred beyond my control, my mood swings affected us all as I focused on trying to save EMS from oblivion.
To those customers, many of whom had to experience humiliation, defamation, bad public relations, and unwanted exposure, I thank you for standing by my side because I believe you knew it was the proper thing to do.
To our loyal management staff, both the people that report directly to me, and all of the others who work for us nationwide, I value all of you and your contribution to EMS’s success and longevity. I know fighting the SEIU has taken my eye off the ball at times and I haven’t provided the support I would under normal circumstances. Thank you for taking up the slack and taking care of our valued customers.
To our nearly five thousand employees in 33 states who work on the front lines every day representing EMS, I thank you with the reminder that you are meaningful and that without you the world would be a pretty messy place in which to live. I salute you and your dedication to quality every single day.
To our company attorneys—thank you for putting in countless hours and standing by us with solid legal advice as we paraded through the landmines SEIU set for us. I would have been lost without you.
To Mark Shaw, a great author in his own right whose ingenious creativity and guidance made this story come to life.
To Bob Radigan, Sanibel, Florida, realtor for all the time and effort in creating an outstanding cover design.
To the media who have heard my story and publicized it, I thank you as I do those politicians who have stood up, checked out the facts thoroughly, and then taken a stand against tyranny, threat, intimidation, and pressure from the unions who embrace organizing tactics that are intimidating and Un-American. You know the difference between right and wrong and your integrity has shown through during this difficult time.
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