I Section 29. Organized labor and collective bargaining. — That employees shall have the right to organize and to bargain collectively through representatives of their own choosing.
Eric Burlison (r) [2016 file photo].
Today:
Rep. Eric Burlison @RepEricBurlison
People should have the right to work a job without being forced to line the pockets of a union that doesn’t represent their views.
@RepJoeWilson ‘s bill will protect the right-to-work and empower employees – NOT union bosses. 3:51 PM · Feb 28, 2023
Because employers and corporations always have the best intentions for the interests of their workers, right?
C180291 06/29/2018 Missourians For Freedom To Work Missouri Chamber of Commerce and Industry 428 East Capitol Avenue Jefferson City MO 65101 6/29/2018 $10,716.97
[emphasis added]
A while back:
C180291 05/31/2018 Missourians For Freedom To Work Missouri Chamber of Commerce and Industry PO Box 149 Jefferson City MO 65102 5/31/2018 $100,000.00
[emphasis added]
The script:
Caller: “Hello.” Chamber of Commerce:“Hello.” Caller:“I’d like to become a member and receive your member benefits for free.” Chamber of Commerce:“No, that wouldn’t be fair to our paying members.” Caller:“That’s exactly how ‘Right to Work’ works.”
Yesterday evening approximately one thousand people gathered in Theiss Park in Kansas City for a rally and march in support of increasing the hourly minimum wage. The organizers and crowd included a mix of food service and service industry workers, organized labor, university students and adjunct faculty, faith leaders, and Kansas City office holders.
“Justice for janitors.”
The event was organized by Stand Up KC, as part of a national movement:
We are fast food and retail workers from across KC coming together to demand good wages and a voice for low-wage workers.
Today, 48,000 Kansas Citians are employed in some of the world’s largest and most profitable fast food and retail corporations. But they work in our city’s worst paying jobs.
The average fast food worker is now 28 years old and the average retail worker is 38. Both make about $7.35/hour, have no healthcare, no paid sick days or vacation pay, and face daily discrimination. Top brands like McDonald’s make $5.4 billion in profit, pay their CEO $14 million, and have over 500 locations city-wide. It would take the average retail worker 823 years to earn what Walgreens CEO Greg Wasson earns in a year.
But fast food and retail workers won’t accept these facts any longer. Right now fast food and retail workers are sticking together to fight for higher pay so they can afford basic needs, like groceries, housing and transportation.
Stand with us as we stand up for our city and our futures!
Kansas City Mayor Sly James spoke at the rally:
Kansas City Mayor Sly James.
Kansas City Mayor Sly James: ….The one thing that we always must remember is, is that nothing is going to happen unless we act together. If we do not act together we will be picked off one by one, separated, culled from the herd, and nothing will happen.
The only things that have changed the course of history in this country have been when people who believed in something fervently, people who are willing to give up their lives for it, people who are willing to devote their treasure to it, combined with others to do the same thing and stuck together until it happened.
[….]
It is immoral, it is unjust, it is unreasonable, it is unforgivable, it is unexplainable that we all live in the richest, most powerful, best country in the world and people work forty hours a week and cannot feed their families. People work forty hours a week and cannot put food on the table, cannot buy the clothes that they need, cannot take care of their children’s needs, cannot access health care, cannot do things that other people do and take for granted. It is time for us to recognize that and it is time for it to stop.
[….]
“Good jobs and $15 for all.”
“…it is a crime for people to live in this rich nation and receive starvation wages.”
After a relatively brief rally with speeches the crowd marched from the park through the neighborhood and up to the University of Missouri – Kansas City campus.
Thank a Union Member. They fought for your weekend, your lunch break, your pension, your safety and are still fighting today. #p2 9:32 AM – 1 Sep 2014
Jeff Mazur @jmaz
Some of these pols sending out #LaborDay greetings are like Jesse Helms wishing us a happy MLK Jr. Day. 2:47 PM – 1 Sep 2014
Heh. Or Ronald Reagan (r):
John Fugelsang @JohnFugelsang
Where free unions & collective bargaining are forbidden, freedom is lost. – Ronald Reagan. Happy Labor Day 2:15 PM – 1 Sep 2014
El Guapo @TheDailyRefried
Labor unions have been systematically undermined with the help of elected officials working in conjunction with corporations #HappyLaborDay 2:26 PM – 1 Sep 2014
Robert Reich @RBReich
The biggest Labor Day sale is of our Congress, to the highest bidders. 1:48 PM – 1 Sep 2014
Congress?:
Speaker John Boehner @SpeakerBoehner
This #LaborDay, we tip our cap to America’s workers & pledge to keep doing all we can to bring jobs home. [….] 1:29 PM – 1 Sep 2014
TO THE SECRETARY OF STATE OF THE STATE OF MISSOURI
Herewith I return to you Senate Substitute for Senate Committee Substitute for Senate Bill No. 29 entitled:
AN ACT
To amend chapter 105, RSMo, by adding thereto one new section relating to labor organizations.
I disapprove of Senate Substitute for Senate Committee Substitute for Senate Bill No. 29. My reasons for disapproval are as follows:
Senate Substitute for Senate Committee Substitute for Senate Bill No. 29 would prohibit public employers from deducting union dues or fees unless an employee provides – on an annual basis – a written authorization for the deduction of a specific amount on a form prescribed by the bill. The legislation also would require public employees to complete separate written authorization – again on an annual basis – if they want to allow the dues they pay to be used for political purposes. The bill targets a single group of employees and imposes on them unnecessary and cumbersome process.
There are a number of items that employees may elect to have withheld from their paychecks, including money for college savings accounts, deferred compensation, and 401(K) plans. And, under current law, state employees may elect to have their union dues withheld. section 33.103 RSMo. In each of these instances, the withholdings are based on on one-time authorizations that the employee clearly has the authority to revoke at any time. Employees are not required to take additional steps to cause such withholdings to continue in subsequent years. But under this bill, public employees who are members of unions would be required to complete two separate written authorizations each year. Singling out union dues for these extra processes serves no beneficial purpose. rather, the bill places unnecessary burdens on public employees for the purpose of weakening labor organizations. I therefore disapprove of Senate Substitute for Senate Committee Substitute for Senate Bill No. 29.
Senate Substitute for Senate Committee Substitute for Senate Bill No. 29 also exempts first responders from its requirements regarding authorization for deduction and use of union dues. It has been held that such an exemption provides disparate treatment to similarly situated people without a compelling government interest, in violation of the Equal protection Clause of the United States Constitution. (See Bailey v. Callaghan, 873 F.Supp.2d 879, 885-8869E.D. Mich.. 2012)).
In accordance with the above stated reasons for disapproval, I am returning Senate Substitute for Senate Committee Substitute for Senate Bill No. 29 without my approval.
a distinguished conductor or performer of classical music: the orchestra was strained after clashes with the great maestro
[….]
Origin:
early 18th century: Italian, ‘master’, from Latin magister
Arturo Toscanini, from The New Grove Dictionary of Opera:
….Energy, single-mindedness, impetuosity combined with an inflexible will, fanatical perfectionism, and an almost morbid self-criticism were among Toscanini’s most remarkable characteristics. He drove himself as few if any other executive musicians have done; the sheer amount of work he accomplished staggers the imagination. If he was ferocious in his demands on others, and in his criticism of them when they fell short of their best, he was still more dissatisfied with himself, rarely feeling that he had attained the ideal he envisaged. From this, as much as from a naturally dictatorial personality, stemmed the legendary and often terrifying outbursts of rage….
In a 2 to 1 decision the National Labor Relations Board found that orchestral musicians who play in per service orchestras are employees, not independent contractors and are thus eligible to organize. That’s all well and good. It’s the dissent [pdf] that’s really interesting:
….Looking beyond the musicians’ control over where, when, and for whom they will work, I disagree with my colleagues’ conclusion that the musicians’ control over their work ends once they decide to perform with the Symphony. To be sure, at that point, the Symphony controls the conduct of the rehearsals and performances, as well as oversees certain artistic aspects of a performance. But, practically speaking, work by creative profession independent contractors is often performed to the specifications and on the timetable of the hiring party, but that structure does not convert an independent contractor to an employee. See Creative Non-Violence v. Reid, 490 U.S. 730, 750-751 (1989) (Court found a sculptor to be an independent contractor even though the nonprofit association that hired him defined the scene to be sculpted and specified the details of the sculpture’s appearance, including its scale and the materials to be used); and Radio City Music Hall Corp. v. U.S., 135 F.2d 715, 717-718 (2d Cir. 1943) (court found performers to be independent contractors even where the producer controlled the timing and conduct of rehearsals and directed the performers to “weld” together the performance). This is particularly true where, as here, the employer’s artistic control and direction is primarily related to the end product, i.e., the sound and look of the symphony as a whole,not the manner in which the individual musicians providing their services prepare for and perform the work.2 See DIC Animation City, 295 NLRB at 991; Young & Rubicam International, 226 NLRB at 1275-1277; and American Broadcasting Co., 117 NLRB 13, 18 (1957). Thus, based on the above discussion of the right of control factor, I would find that the record evidence weighs in favor of finding the musicians to be independent contractors….
“…This is particularly true where, as here, the employer’s artistic control and direction is primarily related to the end product, i.e., the sound and look of the symphony as a whole, not the manner in which the individual musicians providing their services prepare for and perform the work…”
Try telling that to a freakin’ orchestra conductor, putz.
In addition to the union members who attended yesterday’s rally at the IBEW complex a number of area public office holders addressed the rally or were in attendance, including Jackson County Executive Mike Sanders (D), Jackson County Legislator Theresa Garza Ruiz (D), Missouri State Senator Victor Callahan (D), Cass County Prosecutor Teresa Hensley (D), among several others.
Toward the end of the rally we spoke with former Missouri State Representative and House Minority Leader Paul LeVota (D):
Show Me Progress: …What’s the importance of stopping, uh, the so called, uh, “right to work” Senate Bill 1 for workers in Missouri.
Former Missouri State Representative and House Minority Leader Paul LeVota (D): Well, it’s important to create jobs in Missouri and this is gonna go the wrong way. It’s gonna reduce wages, it’s gonna reduce, uh, money for education and the teacher, it’s gonna reduce, really, the middle class standard of living. And, and that’s the point. It’s why they want to try this legislation.
Show Me Progress: So, you know, in, in, in sort of the real world what’s the, you know, you try to think what’s the motivation for people to, to, to literally propose something that will do that in Missouri. What, what’s their, their whole thought process?
Paul LeVota: This is so these big businesses can make more money. It’s simply that. They don’t have to pay workers as much for their skill set. Um, they reduce the number of, uh, skilled workers and then they don’t have to pay ’em as much so they get to keep more money in their own pocket…
American Federation of Teachers: “This is what a Union Thug looks like.”
…Show Me Progress: But, you know, the, the problem with the logic of that is, well, is, there are more, basically, there are more workers than, than there are people who, you know, own corporations in the sense of, run them, and, and profit from them, so, aren’t they cutting their own throats?
Paul LeVota: In the long term they’re cutting their own throats ’cause they’re not gonna have the workers they need to grow their business. Um, we have seen a sharp decline not only in Missouri, but in the U.S. of manufacturing workers. We need to be innovators. Well, we need to have skilled workers to innovate. We need to have a great education system in the state to innovate, to create new jobs and new, uh, growth in our state. This is just backwards. And every other state that’s done this has gone backwards. And, uh, it’s, it’s the Republican Party, in majority, trying to show their political power by paying back, um, their heavy contributors. That’s what this is all about.
Show Me Progress: You know, but, we’re seeing this across the country. Uh, it’s sort of, is there sort of a coordinated play book for them to do this?
Paul LeVota: Absolutely. Coordinated play book. Traditionally the Democratic Party has stood up for, uh, the middle class and working people, Republican hasn’t. So you stop union collective bargaining, right to work, you weaken them, and you weaken the Democratic Party. And it all goes together for, um, more power in the, in the government to make the richer richer and the poorer poorer.
Show Me Progress: Thank you very much for your time.
Sheet Metal Workers’ International Association, Local 2.
The United Union of Roofers, Waterproofers and Allied Workers.
Yesterday Blue Girl and I attended the labor rally at the IBEW complex in Kansas City. From the AFL-CIO release:
Workers Rally in Kansas City to Stop Legislative Attacks on Middle Class Missourians
Agenda that includes “right to work” and a repeal of child labor laws could undermine Missouri’s skilled workforce and wages
On Saturday March 12 at 12:30 p.m. at the IBEW Local 124 Training Center, 301 E. 103rd Terrace, community groups, students and workers will stand united against an onslaught of anti-worker legislation that have been filed to pay back greedy CEOs and shadowy interest groups.
Working Missourians are saying enough is enough with the same old tired politics that are at odds with Missouri voters. Of major concern, anti-worker legislation such as Senate Bill 1 would undermine Missouri’s top-notch training programs. The extensive training and apprenticeship programs in the state, a $30 million investment, ensure a quality workforce.
Skilled, trained workers result in projects that are built right the first time and provide real value. The ‘short-cuts’ such as “right to work” and repealing child labor laws are not going to fix Missouri’s budget problems. That’s why workers are rallying today to protect good jobs…
###
There were over four hundred in attendance at the rally.
Before the rally got started we had an opportunity to speak with Steve Nickel of the International Association of Machinists and Aerospace Workers:
Show Me Progress: …What’s the importance of today, uh, this, this rally today here?
Steve Nickel, Grand Lodge Representative, Midwest Territory, International Association of Machinists and Aerospace Workers: Uh, to show solidarity and to show to the Republicans and the big money, the CEOs that, um, we’re not gonna take these changes sitting down. We’re gonna stand up, we’re gonna fight for this. Um, and if, if we need to, we’re gonna do everything we can to, um, work hard in the politics and put working people’s friends back in office.
Show Me Progress: Now how do we get, you know, the, the average voter to, uh, understand what this sort of right to get paid less legislation means?
Steve Nickel: They need to understand its gonna affect the communities, it’s gonna affect working families, it’s gonna be less in wages and benefits, it’s gonna hurt the strength of the bargaining of the unions. And when, when that affects the strength of the unions it affects even the non-union people because there’s a, a push down effect, um, to their wages and benefits also. You know, labor sets the standards for wages and benefits in the area. And, and it’s [SB 1] gonna be a downward effect…
United Food and Commercial Workers International Union.
International Union of Painters and Allied Trades.
…Show Me Progress: You know, part of this, uh, do you see this kind of, uh, effort, sort of, kind of a divide and conquer kind of effort in, in the rhetoric that people use about, uh, organized labor having it too good?
Steve Nickel: Yeah, and it’s terrible. There isn’t anybody in organized labor that are rich over this. I mean, they’re working, they’re, they’re part of the middle class. And it’s about, um, the Republicans trying to destroy the middle class and take total control. The unions are the last line of defense for the working class and they’re trying to destroy ’em and have total control over this country.
Show Me Progress: We, we found it is interesting in the rhetoric over the, uh, renewal of the Bush era tax cuts they said that people making two hundred fifty thousand dollars a year weren’t, weren’t rich and now, in, the same people are using the rhetoric that, uh, a public school teacher who might make fifty or forty-five thousand dollars a year is living high of the hog.
Steve Nickel: Right. And, there was an interesting article, uh, Forbes just came out with their new list of billionaires. More billionaires. More billionaires in the United States, more billionaires all over the world. And, and the rich keep getting richer and the middle class are being pushed into the poor.
Show Me Progress: And, you know, we hear this rhetoric, too, uh, you know, as people talk about this, uh, the, the problem for them, though, is there are more of us than there are of them as you pointed out.
Steve Nickel: Right. And that’s, and that’s where we can take back this power by, we have, we have the numbers, we just have to get people to understand the issues, see that this is, um, that working class is trying to be taken advantage of to, to the lies and the rhetoric that is being put out there. And we gotta, we gotta take, we gotta take back this country. This is happening all over the Midwest that I have to deal with. It’s happening in Indiana, in Michigan, and in Wisconsin, in Minnesota, and now in Missouri. They’re, they’re trying to kill us. They’re trying to wipe us out. And the attack on the public workers, there’s twelve percent of the union workforce, twelve percent of the workforce is union and eight percent of that is public sector workers. If they wipe out that eight percent you only have four percent, that is something that’s they’re gonna finish crushing the unions then.
Show Me Progress: Well, thank you very much for time.
Steve Nickel: Sure. Thank you.
International Brotherhood of Electrical Workers, Local 53.
International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers.
We are union. We are proud Americans.
United we stand with American pride building stronger unions one member at a time.
We live free and work hard.
Tried and true brotherhoods.
We salute unity for there is strength in numbers.
Listen to our purpose, listen to our call!
“…We salute unity for there is strength in numbers…”