Thomas Whittemore
Unit 3
Post University

1. How can Unions secure economic gains? Explain the ramifications
Unions help economic growth, and they do not hinder them. Unions are out fighting for workers and getting them high pay and better pension benefits. This all translates into money that can be spent into a market economy. The more people buy products, the stronger and more powerful the economy becomes for everybody. To clarify - real unions are as important just as police, teachers, doctors etc. are necessary. Unfortunately in the US very few or none exist. Working men and woman who have fought and sacrificed for this country are the ones that have purchased true freedom and deserve to have voice

2. Briefly explain why organized labor was opposed to NAFTA.
There has been significant opposition to NAFTA from organized labor. Unionists say NAFTA harms workers both here and in Mexico by taking U.S. jobs away and intensifying the exploitation of Mexican workers. Nearly half a million Mexicans already work in "maquiladoras" where over 1,500 mostly U.S.-owned assembly plants operate free of taxes and tariffs. Only about 10 percent are organized, compared to 25 percent of Mexican workers overall. Average pay runs from 50 cents to a dollar an hour. NAFTA will only intensify this exploitation as it lures corporations to set up runaway shops.
Yet much of the opposition to NAFTA has been drawn on narrow lines and lets the capitalist system off the hook. For example the AFL-CIO uses the slogan "Not this NAFTA." That complements the views of the Clinton administration which says it's going to see that environmental and labor reform are guaranteed before it goes along with the agreement.But U.S. corporations are the biggest polluters of all! Studies show that thousands of communities in the U.S., especially those of color, are targeted for industrial waste dumping.

3. List the forms that Union political action can take
Following are the forms that Political Action can take:
Connected PACs
Most of the 4,600 active, registered PACs are "connected PACs" established by businesses, labor unions, trade groups, or health organizations. These PACs receive and raise money from a "restricted class," generally consisting of managers and shareholders in the case of a corporation and members in the case of a union or other interest group. As of January 2009, there were 1,598 registered corporate PACs, 272 related to labor unions and 995 to trade organizations.

Non-connected PACs
Groups with an ideological mission, single-issue groups, and members of Congress and other political leaders may form "non-connected PACs". These organizations may accept funds from any individual, connected PAC, or organization. As of January 2009, there were 1,594 non-connected PACs, the fastest-growing category.

Leadership PACs
Elected officials and political parties cannot give more than the federal limit directly to candidates. However, they can set up a Leadership PAC that makes independent expenditures. Provided the expenditure is not coordinated with the other candidate, this type of spending is not limited.

4. Briefly explain endorsements and get-out-the-vote drives.
Endorsements: A legal term that refers to the signing of a document which allows for the legal adds to it. Typically, it is an added provision to an insurance policy. Also referred to as a "rider"Get-out-the-vote drives: "Get out the vote" (or "getting out the vote"; GOTV) are terms used to describe two categories of political activity, both aimed at increasing the number of votes cast in one or more elections. In countries that do not have mandatory voting, voter turnout can be low, sometimes even below half of eligible voter pool. Campaigns typically attempt to register voters, then get them to vote, either by absentee ballot, early voting or election day voting.

5. List the factors that the NLRB considers to determine a bargaining unit
The NLRB also has the power to order an employer to bargain with the union, even though the union has not won an election, as a remedy for egregious unfair labor practices by the employer. Such orders, commonly known as “Gissel orders” after the United States Supreme Court case that authorized them, may only be issued if the union can show that it once had majority support and that the employer’s unlawful conduct destroyed that support. The Board has identified a number of “hallmark” violations, such as threats to close the operation made by an authoritative member of management and disseminated widely through the workforce, that will support a Gissel order.The appellate courts have been less receptive to these orders and have frequently refused to enforce them on a number of grounds, e.g., that employee turnover in the years while the charge was being litigated makes a bargaining order inappropriate.

6. Explain the communication-related rule during organizing campaigns
A state or local agency making payments for campaign related communications may become a committee subject to reporting if the payments qualify as contributions or independent expenditures. (See Regulation 18420.) Regulation 18420.1 provides the Commission’s rules for determining when a payment for a communication by a state or local agency is a contribution or independent expenditure. In short, a payment of public moneys for a communication by a state or local agency is a contribution or independent expenditure if the communication (1) expressly advocates the election or defeat of a clearly indentified candidate or the qualification, passage, or defeat or a clearly indentified measure or(2) unambiguously urges a particular result in an election. If the payment is made at the behest of the affected candidate or committee, the payment is a contribution. Otherwise, the payment is an independent expenditure.
Under this test, the determination of whether a communication “expressly advocates” is relatively straightforward and requires only an analysis of whether the communication contains so called “magic words” of advocacy such as the following words of phrases:
• “Vote For”
• “Elect”
• “Support”
• “Cast Your Ballot”
• “Vote Against”
• “Defeat”
• “Reject”
• “Sign Petitions For”
A communication “unambiguously urges a particular result in an election” if it (1) is clearly campaign material or activity or(2) can be reasonably characterized as campaign material or activity and is not a fair presentation of facts serving only an informational purpose. If related to an election, payments of public moneys by a state or local agency for the following materials or activities are clearly campaign materials or activities:
• Bumper stickers.
• Billboards.
• Door-to-door canvassing.
• Mass Media Advertising including, but not limited to, television and radio spots. For other communications, the determination of whether the material or activity can be reasonably characterized as campaign material or activity requires a case-by-case analysis of the planned communication and the context in which it is made. The style, tenor, and timing of a communication are critical for making this determination. Other factors that assist in determining whether any specific communications can be reasonably characterized as campaign material or activity include, but are not limited to, whether the communication is any of the following:
• Funded from a special appropriation related to the measure as opposed to a general appropriation. Is consistent with the normal communication pattern for the agency.
• Is consistent with the style of other communications issued by the agency.
• Uses inflammatory or argumentative language.

7. Explain the process and implications of election certifications.
To start the election process, a petition must be filed with the nearest NLRB Regional Office showing interest in the union from at least 30% of employees. NLRB agents will then investigate to make sure the Board has jurisdiction, the union is qualified, and there are no existing labor contracts that would bar an election.The agents will then seek an election agreement between the employer and union setting the time and place for balloting, the ballot language, the size of the unit, and a method to determine who is eligible to vote. Once an agreement is in place, the parties authorize the NLRB Regional Director to conduct the election. If no agreement is reached, the Regional Director can schedule a hearing and then order the election and set the conditions in accordance with the Board's rules and its decisions.
Typically, elections are held within 30 days of a Director's order or authorization. However, an election may be postponed if a party files charges alleging conduct that would interfere with employee free choice in the election, such as threatening loss of jobs or benefits by an employer or a union, granting promotions, pay raises, or other benefits to influence the vote, or making campaign speeches to employees on company time within 24 hours of the election.

8. The Implications of the Great Recession of 2008 on U.S. Unionization.

References:

1. http://www.econlib.org/library/Enc/LaborUnions.html
2. http://www.ncpa.org/sub/dpd/index.php?Article_ID=856
3. http://www.leaderu.com/issues/rtl-handbook/ch10.html
4. http://www.littler.com/publication-press/publication/nlrb-defines-new-standard-determining-appropriate-bargaining-units
5. http://topics.hrhero.com/union-organizing-in-the-united-states/#
6. http://www.mackinac.org/2319