Holding People Accountable

On Thursday, Ed Morrissey posted an article at Hot Air about a recent common-sense ruling by the Supreme Court.

The article reports:

Alternate headline: Pottery Barn rules apply to walkouts. In an 8-1 decision in which only Justice Ketanji Brown Jackson fully dissented, the Supreme Court ruled today that unions have to reimburse employers for damages caused by striking workers. The National Labor Relations Act does not confer immunity to unions or workers — the latest ruling from a court that has stiffened the boundaries for labor activities in the last few years:

The Supreme Court ruled on Thursday that federal labor law did not protect a union from potential liability for damage that arose during a strike, and that a state court should resolve questions of liability.

The majority found that if accusations by an employer are true, actions during a strike by a local Teamsters union were not even arguably protected by federal law because the union took “affirmative steps to endanger” the employer’s property “rather than reasonable precautions to mitigate that risk.” It asked the state court to decide the merits of the accusations.

The opinion, written by Justice Amy Coney Barrett, was joined by Chief Justice John G. Roberts Jr. and Justices Sonia Sotomayor, Elena Kagan and Brett M. Kavanaugh.

Three conservative justices backed more sweeping concurring opinions. A single justice, Ketanji Brown Jackson, dissented.

The case involved Teamsters who created truckloads of cement and then walked off the job–leaving the trucks full and no one to offload the trucks. Obviously, if the cement was left in the trucks, it would ruin the trucks. The Supreme Court (with the exception of one Justice) held the Teamsters liable for the damage they had caused. Striking is legal–damaging property is not.

The article also notes two important aspects of the case:

The Teamsters argued that they can’t be responsible for hypothetical risks to employer property in the absence of workers. Barrett emphatically rejects that, and concludes that the union organized the walkout specifically to create the highest potential risk of catastrophic damage when they had a duty to take reasonable steps to prevent it…

…Congress created the National Labor Relations Board to deal with labor disputes, not property torts. The latter are matters for civil litigation separate from labor-management negotiations. It’s this argument from KBJ that has Thomas call for an end to the Garmon precedent, and which Alito et al expressly reject in their concurrence. To think otherwise would be to create an Open Season on employers’ property under the guise of ‘negotiations.’

Please follow the link above to read the entire article. It includes some very interesting arguments.

The Unions Have Opposed ObamaCare For A While

On July 18, the Schoolcraft County Republican Party website posted a copy of a letter from Jimmy Hoffa, Teamsters’ President, Joseph Hamsen UFCW President, and D. Taylor UNITE-HERE President.

This is the letter:

Dear Leader Reid and Leader Pelosi:

When you and the President sought our support for the Affordable Care Act (ACA), you pledged that if we liked the health plans we have now, we could keep them. Sadly, that promise is under threat. Right now, unless you and the Obama Administration enact an equitable fix, the ACA will shatter not only our hard-earned health benefits, but destroy the foundation of the 40 hour work week that is the backbone of the American middle class.

Like millions of other Americans, our members are front-line workers in the American economy. We have been strong supporters of the notion that all Americans should have access to quality, affordable health care. We have also been strong supporters of you. In campaign after campaign we have put boots on the ground, gone door-to-door to get out the vote, run phone banks and raised money to secure this vision.

Now this vision has come back to haunt us.

Since the ACA was enacted, we have been bringing our deep concerns to the Administration, seeking reasonable regulatory interpretations to the statute that would help prevent the destruction of non-profit health plans. As you both know first-hand, our persuasive arguments have been disregarded and met with a stone wall by the White House and the pertinent agencies. This is especially stinging because other stakeholders have repeatedly received successful interpretations for their respective grievances. Most disconcerting of course is last week’s huge accommodation for the employer community—extending the statutorily mandated “December 31, 2013” deadline for the employer mandate and penalties.

Time is running out: Congress wrote this law; we voted for you. We have a problem; you need to fix it. The unintended consequences of the ACA are severe. Perverse incentives are already creating nightmare scenarios:

First, the law creates an incentive for employers to keep employees’ work hours below 30 hours a week. Numerous employers have begun to cut workers’ hours to avoid this obligation, and many of them are doing so openly. The impact is two-fold: fewer hours means less pay while also losing our current health benefits.

Second, millions of Americans are covered by non-profit health insurance plans like the ones in which most of our members participate. These non-profit plans are governed jointly by unions and companies under the Taft-Hartley Act. Our health plans have been built over decades by working men and women. Under the ACA as interpreted by the Administration, our employees will treated differently and not be eligible for subsidies afforded other citizens. As such, many employees will be relegated to second-class status and shut out of the help the law offers to for-profit insurance plans.

And finally, even though non-profit plans like ours won’t receive the same subsidies as for-profit plans, they’ll be taxed to pay for those subsidies. Taken together, these restrictions will make non-profit plans like ours unsustainable, and will undermine the health-care market of viable alternatives to the big health insurance companies.

On behalf of the millions of working men and women we represent and the families they support, we can no longer stand silent in the face of elements of the Affordable Care Act that will destroy the very health and wellbeing of our members along with millions of other hardworking Americans.

We believe that there are common-sense corrections that can be made within the existing statute that will allow our members to continue to keep their current health plans and benefits just as you and the President pledged. Unless changes are made, however, that promise is hollow.

We continue to stand behind real health care reform, but the law as it stands will hurt millions of Americans including the members of our respective unions.

We are looking to you to make sure these changes are made.

James P. Hoffa
General President
International Brotherhood of Teamsters

Joseph Hansen
International President
UFCW

D. Taylor
President
UNITE-HERE

I am not under the illusion that union leaders will suddenly become conservatives–that is not going to happen. But understand that the unions provide the majority of funding and volunteers for Democrat Party candidates. The unions often pay their members to show up at rallies or to do stand-outs for Democrats. If the unions are unhappy with ObamaCare and decide to sit on their hands in 2014, the Democrat Party will be severely impacted. This is a letter that will that Congressmen Pelosi and Reid will read carefully.

Just for the record, the worst-case scenario on this would be for President Obama to somehow carve out an exception for the unions. Hopefully enough Americans are paying attention right now to prevent that from happening.

 

 

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The Search Continues

CBS Detroit is reporting that Federal agents believe that they are about to uncover the remains of former Teamsters Union Boss Jimmy Hoffa. Hoffa disappeared in July 1975.

The article reports:

CBS News has confirmed a suspicious concrete slab was retrieved by investigators from the Oakland Township field where they have been digging for any sign of Hoffa. It’s too soon, however, to know whether the slab is anything more than part of an old foundation for a barn.

The dig — the latest in what’s been nearly a 40-year search — is reportedly the result of extensive FBI interviews with former mobster Tony Zerilli.

As someone who was living in New Jersey during the1960’s, this story amazes me. The rumor in New Jersey was that Jimmy Hoffa was buried under the goalposts in Giants stadium. I guess we are all about to find out whether that rumor is simply not true.

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