In a wide-ranging interview, SEIU President Andy Stern sat down with CNBC's Maria Bartiromo this weekend on the Wall Street Journal Report. Topics included in their discussion include the current state of the economy, H1N1, healthcare reform, the White House visitors list, the state of the Employee Free Choice Act, and the role of unions in an increasingly globalized economy.

Watch now:

MYTH: The Employee Free Choice Act played a role in Tuesday's elections.

Corporate lobbyist-backed groups like the Workforce Fairness Institute and other conservatives made the fact-free claim that Tuesday's elections were a referendum on the Employee Free Choice Act. Wrote WFI in an email to supporters:

National issues played heavily in The Old Dominion and no issue played more of a role in the debate than the Employee 'Forced' Choice Act or EFCA.

The Truth? Exit polls showed 71% of voters named health care or the economy as their number one issue Tuesday. And despite the U.S. Chamber of Commerce and others' millions in spending to make Employee Free Choice an issue in last November's elections, they failed to have an impact there as well: a majority of voters stated that they supported the legislation, and that it was not a significant factor in their vote.

FACT: Workers who want to form a union routinely face harassment from their employers.

Lowe's employee breakroom signs against Employee Free Choice

After Lowe's Home Improvement settled last month (for nearly $30 million) a class action suit for requiring workers to work "off the clock," workers were greeted with the sign to the right in their workplace breakroom--a not-so-subtle reminder of the company's position on giving workers a voice on the job.

Employer intimidation continues to be a problem, and it's nothing new: according to a study by Cornell labor expert Kate Bronfenbrenner, 34 percent of the time workers try to form a union, their employers fire union supporters. Sixty three percent of the time companies interrogate workers, 54 percent of the time they threaten union supporters, and 47 percent of the time they threaten to cut workers' wages and benefits.

Soaring health care costs. Foreclosures on the rise. An uncertain future. So how can we turn around our economy?

When more folks can negotiate for better wages, health care, and working conditions by joining a union, things get better for all of us.

That's why hundreds of state leaders are in Washington DC today, fighting for the Employee Free Choice Act - so workers can fix our economy from the bottom up.

We need to make our voices heard on Capitol Hill. Can you join us in calling your senators right now?

Just call 1-866-311-3405 and you'll be connected to your senator's office. Ask your senator to support the Employee Free Choice Act.

Call 1-866-311-3405 now.

When you're done, click here to let us know how your call went.

When you're connected to your senator's office, tell the staff member who answers the city and state you're calling from, and that you strongly urge your senator to vote for the Employee Free Choice Act.

In the last week, three major energy companies have quit the U.S. Chamber. And just today, Nike left its role on the U.S. Chamber's Board.

The exodus from the corporate front group is taking place because of its extreme views on issues like climate change, health care reform, financial regulations, and labor law reform. We must use this opportunity to further isolate the U.S. Chamber as an out-of-touch outfit that only serves the interest of a handful of greedy CEOs.

Sign the petition to your senators: listen to working people, not the greedy CEOs at the U.S. Chamber of Commerce.

From health care and financial reform, to Employee Free Choice and climate change, the U.S. Chamber's extremism leaves it far outside the mainstream.

Want to know just how wacko the U.S. Chamber of Commerce is? Here's just a couple examples:

• An official from the U.S. Chamber called for a "21st century version of the Scopes Monkey Trial" to determine if global warming was real - equating climate change with creationism.
  
• The U.S. Chamber admitted to using money from bailed out companies to fund its campaigns against working people and the Employee Free Choice Act. This is billions that came from your tax dollars.
  
• Declaring pregnancy to be a "voluntary condition," the U.S. Chamber opposed a 1978 law that prohibited discrimination against pregnant women.

The U.S. Chamber can't be taken seriously. While it purports to represent Main Street businesses, the U.S. Chamber's true interests lie with Wall Street and greedy CEOs.

Your senators need to know this - the corporate front group is in Congress every day, lobbying for its extremist positions. They need to be immediately discredited.

Sign the petition to the Senate now: don't listen to the extremist U.S. Chamber of Commerce on any issue.

Thanks for doing your part to tell the truth about the U.S. Chamber. With your help, we'll make sure they're the loneliest front group in Washington.

This past week, while much of D.C. has been focused on the healthcare mark-up (us included), we've also been tracking a few other stories that we wanted to bring to your attention. First--the encouraging news that Massachusetts will return to full representation and the Democrats in Congress to a cloture-proof majority. Also, don't miss two stories on SEIU's calls for financial reform and a questionable award choice from the U.S. Chamber of Commerce.

Keep reading for all of this week's stories...

60 Senators. SEIU and our allies welcome the newly appointed Senator Paul Kirk to represent Massachusetts in the interim before the January special election. In a statement released today, Andy Stern applauded the choice of Senator Kirk and the leadership of Governor Patrick: "The Governor and the Legislature showed real leadership to move swiftly and ensure that one of Senator Kennedy's last requests is fulfilled and the Bay State has a full say in helping move America forward. Paul Kirk will be a strong voice for the hard working families and communities of the Commonwealth. Massachusetts needed more than a placeholder in the U.S. Senate and the Governor has given his citizens a leader who will get to work fighting for the change working families need on healthcare reform, rebuilding our economy, and providing new financial protections for consumers." More here.

Banks Leave Taxpayers on the Hook for $17.8 Trillion. On Wednesday during a call with reporters, SEIU Secretary Treasurer Anna Burger and Assistant to the President Stephen Lerner released a new report that details the impact that the economic crisis has had on working families. According to the report, once all crisis-related programs are factored in, taxpayers could be on the hook for up to $17.8 trillion to rescue the big banks. You can view the report here. The rest of the rest of the blog post on the report here.

New Round of Protests Target Banks. SEIU and a growing chorus of voices once again spoke out against banks for trying to block financial reforms after receiving billions of taxpayer dollars. As Secretary Treasurer Anna Burger put it, "They're back to their old tricks and the same practices that caused this crisis in the first place...They're getting bailed out and normal people are losing."

Dozens of SEIU members and activists rallied outside a secret meeting of the Financial Services Roundtable, a group of 90 companies in the finance and insurance industry who received hundreds of billions in taxpayer bailouts and then used that money to lobby against needed corporate reforms. "We need to demand that banks use their resources and power to fix the economy and not make it worse," said Stephen Lerner, Special Assistant to SEIU President Andy Stern.

A series of protests around the county will lead up to the largest demonstration in Chicago between Oct. 25 and Oct. 27 at a meeting of the American Bankers Association. Read the full story from The Hill here. Click here to learn about upcoming actions to hold corporate barons and banks accountable.

The U.S. Chamber's Puzzling Definition of "Corporate Citizenship." Each fall, the U.S. Chamber of Commerce honors member organizations with its "Corporate Citizenship Award" as a way of recognizing contributions to communities. Unfortunately for the U.S. Chamber, the award is blind to a multitude of misdeeds committed by honorees. Indeed, for two years running, the U.S. Chamber has selected companies rife with problems. This year, the US Chamber chose to give this award to Aramark, a firm notorious for refusing to recognize its employees' voices. Read more about Aramark's bad record on employee relations and more on their relationship with the US Chamber here.

South Carolina Rep. Joe Wilson is really embracing his newfound stardom as Heckler-in-Chief.

So what's Wilson's latest outburst? Slamming the Employee Free Choice Act to a corporate group fighting the bill.

Here's what Wilson said:

I am opposed to the misnamed Employee Free Choice Act because it all but eliminates an employee's right to a secret ballot and would require the government to step in between an employer and their employees to impose binding arbitration. It would be a clear detriment to job creation and a roadblock to reform.

I believe this legislation is bad for employers and employees alike and should be put aside altogether.

I have heard from individuals in the Second Congressional District who believe we need to protect the rights of our employees and that includes the right to a secret ballot. They understand how this legislation would damage job creation and hurt an economic recovery.

To his credit, the transcript appears to reflect Wilson's ability to keep his cool and not shout during the interviewer's questioning. That said, Wilson couldn't be more wrong on the issues (not that you're surprised about that).

First, even the Wall Street Journal knows the Employee Free Choice Act doesn't take away the secret ballot. It's a thoroughly debunked falsehood to which Wilson desperately clings, much like his incorrect, inappropriate initial outburst in Congress.

Second, South Carolina stands to greatly benefit from the Employee Free Choice Act: in just one year, $130 million would flow into the state's economy to benefit more than 50,000 working men and women.

But just as Wilson stands in the way of health insurance reform, he's opposed to leveling the playing field for South Carolinians struggling in our economy against corporate greed.

When will Joe Wilson wake up and realize it'll be best for South Carolina and the rest of the country if he returns to his back bench seat and just stays quiet? The stakes are big in Congress, and Wilson's wrongheaded deceptions have no place.

Last week, Maine Change that Works came together along with our allies, Maine People's Alliance and the Sierra Club, to descend upon our congressional delegation and Maine's senators and lobby on behalf of the Employee Free Choice Act. During this difficult economic time, it is more important than ever that we remember who we're fighting for: the hard working families who keep our state running.

With the ability to unionize, more Mainers will be able to have the job security and benefits that come from being a part of an organized workforce. But most importantly, they will be able to choose whether or not they want to join a union without harassment or intimidation. The right to choose without fear: thanks to our allies across Maine, we are one step closer.

Check out some of our activists' pictures below:

Activists Anders Beal and Sam Rioux at the start of a long day of lobbying

Sam Rioux address 250 people at the Lobby day launch press event while Sandy Amborn of the Sierra Club holds the state flag of Maine.

Members of the Maine Delegation listen to Senator Tom Harkin speak about the Employee Free Choice Act

Mike Owen of the Maine People's Alliance and Sandy Amborn of the Sierra Club hold up our state flag outside of Senator Olympia Snowe's office.

The delegation from Maine pays Congresswoman Chellie Pingree's office a visit.

Activists Anders Beale, Rep. Adam Goode, Genevieve Lyson, and Jennifer Batchelor outside of Senator Collins' office.

For the complete set of pictures, click here. (Thanks Kate!)

September 15th marks the second anniversary of New Hampshire's majority sign-up law, which allows public sector workers to form collective bargaining units by signing petitions rather than through an election process. In NH, the State Employees Association (SEA) has welcomed employees of the State Board of Nursing, the Town of Meredith, and the NH Court System--all of whom have all joined the union through the majority sign-up process.

A comprehensive review of 1,004 union organizing campaigns by the Economic Policy Institute in May demonstrated a substantial increase in "coercive and retaliatory tactics" by private sector employers--these tactics include discipline, laying off workers and the surveillance of union supporters. More bad news revealed by the report: "If recent trends continue, then there will no longer be a functioning legal mechanism to effectively protect the right of private-sector workers to organize and collectively bargain." Enter: the Employee Free Choice Act.

Although Employee Free Choice opponents argue that unions will coerce employees to sign authorization cards or obtain a majority through fraud, a recent report "suggests that this claim is frivolous." A recent study of four states with laws allowing workers to form unions though majority sign-up--New York, New Jersey, Illinois and Oregon--"failed to turn up a single meritorious case of coercion or fraud in more than 1,000 majority sign-up campaigns involving 34,000 employees between 2003 and 2009."

In all, there were only five complaints alleging coercion [by union supporters], and not a single one was shown to have any merit." While not identical, the majority sign-up provisions in these four states is similar to the Employee Free Choice Act, proposed legislation that would finally put an end to the illegal, immoral and just plain unfair practices that working people face every day at the hands of their employers, purely for attempting to form a union.

Without workers' freedom to bargain, the economy can't be rebuilt in a way that guarantees the middle class will be rebuilt with it. The Employee Free Choice Act would put real money into the hands of working families without costing the government a dime--and we need your help to make it a reality. Click here to join our campaign.

Tomorrow, two of America's most favorite right-wing institutions will converge in East Lansing, Michigan at an event ironically titled the "Future Forum." FOX News' Glenn Beck and US Chamber of Commerce CEO Tom Donohue will both keynote an event hosted by the Michigan Chamber that is sure to tickle the free market fancies of those in attendance.

Both Beck and Donohue's Chamber have a history of letting loose vitriolic, reckless rhetoric. ThinkProgress has a brief overview:

Beck has called President Obama a "socialist," a "Marxist," and a "racist" with a "deep-seated hatred of white people." It may not come as a surprise that the U.S. Chamber of Commerce, with its right-wing agenda of blocking health care reform, clean energy legislation, and workers' rights, is embracing Glenn Beck's hate and fearmongering.

But wait, there's more. Beck and Donohue have both promoted ludicrous inaccuracies about the Employee Free Choice Act. Here's just a snippet:

Beck Guest: Employee Free Choice Act akin to "tyrannies and socialism"

Fox News' Glenn Beck hosted Mark McKinnon of the Workforce Fairness Institute, in a segment that amounted to nothing more than a screed against the bill. After saying that people who want to hear pro-Employee Free Choice guests need to "turn to PBS," Beck gave McKinnon free rein to spew talking points:

Well, we call it the Forced Choice Act, Glenn. It is just a huge goody bag...[I]t eliminates the ability for workers who are being organized to cast a secret ballot, a democratic principle that we hold dear...They have private ballots in America, but not in other countries where there are tyrannies and socialism.

Needless to say, that's all false and misleading - even the Wall Street Journal admits the Employee Free Choice Act doesn't take away the secret ballot.

US Chamber: Employee Free Choice Act "a firestorm bordering on Armageddon"

Randel Johnson, vice president for labor, immigration and employee benefits at the Chamber, said defeating the measure was the lobby group's top priority in the coming session of Congress, and he described the coming fight in Congress over the issue as a "firestorm bordering on Armageddon."

Not only is the Employee Free Choice Act a measure that would help the economy and level the playing field for working people, it's only "Armageddon" to the reckless corporations that have abused the law for decades.

The US Chamber's vitriol on the Employee Free Choice Act was also the original inspiration for our "Scary Movie," highlighting some of the more crazy statements made by greedy corporate barons. This video should serve as a good substitute if you're not able to attend tomorrow's Beck/Chamber hoopla in East Lansing.

More than 300 activists from 15 states converged on Capitol Hill on Thursday to tell their elected leaders that workers need and deserve meaningful labor law reform. The diverse group of small business owners, veterans, farmers, students, faith leaders, civil rights activists, women's advocates, and environmentalists are uniting in one voice to remind lawmakers why the Employee Free Choice Act is vital to rebuilding our economy.

New Chairman of the Senate HELP Committee, Senator Tom Harkin, kicked off the lobby day at a morning press conference with a speech to the state delegations. Senator Harkin shared a personal story of his brother fighting for union rights and confirmed his commitment to passing the Employee Free Choice Act, saying saying "When I tell you in unequivocal terms that the Employee Free Choice Act is a priority, you can take that to the bank!"

Watch highlights from Sen. Harkin's speech here:

The advocates from states including AK, ND, NE, MT, MO, WI, ME, PA, CO and CA also shared some reasons why they came to Washington--and why all progressives should support the Employee Free Choice Act.

"I am a small business owner here to help bring our message to Capitol Hill. We want justice for rural workers in North Dakota--they deserve proper pay for what they do. We want change in our working environment."

"I'm proud to be here with [all these] major activists from four major Pennsylvania cities...We want to stand for Free Choice. We are so financially strapped with workers in PA we had to have a paper flag here today--we couldn't afford to buy a cloth flag. We are here to fight for Employee Free Choice today."

"Everyone acknowledges the system is broken and justice delayed or justice deferred, is always in the end result, justice denied. We are here to provide justice for workers. All of those workers see very simply that as an issue of justice, the faith community really has to step up make it very clear the moral imperatives of this legislation."

Call the Senate now for Employee Free Choice.

PHOTOS:
« September 9th Training &
« September 10th Lobbying Day

On Thursday, September 10th, a coalition of around 300 progressives from 15 states--including small business owners, faith leaders, farmers, students and veterans--will be in Washington, DC to lobby for major labor law reform. Iowa Senator Tom Harkin, the new chair of the Health, Education, Labor and Pension (HELP) Committee, will kick off the lobby day and Congressional call-in action tomorrow morning. Stay tuned for event coverage, photos and video.

If you haven't already, join our campaign to fight corporate greed by clicking here: http://action.seiu.org/page/s/joinforefca,

The following message was sent to our email list today. Please copy and paste the text and send the text to your friends, family, and coworkers to ask them to join our campaign.

-----------------------------------

Hi Friend,

Did you see what President Obama said on Labor Day?

It's why I support the Employee Free Choice Act-to level the playing field so it's easier for employees who want a union to form a union. Because when labor is strong, America is strong. When we all stand together, we all rise together.

For that to happen, we need your help. Click here to join our campaign:

http://action.seiu.org/page/s/joinforefca

This week hundreds of people will meet with their Members of Congress, and we'll make thousands of calls to their offices to show the broad public support for the Employee Free Choice Act.

The Employee Free Choice Act will level the playing field against corporate greed by giving working people a free and fair chance to get ahead in this rough economy. We can pass the Employee Free Choice Act, but we need your help to do it.

Can you join our campaign to fight corporate greed? Click here to join:

http://action.seiu.org/page/s/joinforefca

President Obama said it best yesterday: When we all stand together, we all rise together.

Together we can get our economy back on track with the Employee Free Choice Act. Thanks for your help.

In Solidarity,

Michael Whitney
SEIU.org

With Labor Day right around the corner, we wanted to catch you up on what SEIU and our allies have been up to over the last few weeks. From opposition groups confusing their Congressmen to new studies and reports from the states, keep reading for a full recess round-up on Employee Free Choice.

Note to Michigan Anti-Free Choice Group: Next Time, Try Wikipedia? The Jackson Patriot, a local Michigan paper, reported in August about an interesting situation that the Michigan Manufacturers recently found themselves in. "Recently, a billboard went up along Boardman Road, visible from I-94, to urge Minnesota Congressman Collin Peterson to vote against the Employee Free Choice Act. Some smart guy realized that even though Peterson represents the 7th Congressional District, this is Michigan, and painted over the last two letters in his name. So now it urges U.S. Rep. Gary Peters to vote no. Right state this time, still the wrong Congressman. Eventually, I'm guessing the Michigan Manufacturers Association will want the billboard it paid for to urge U.S. Rep. Mark Schauer, who represents Michigan's 7th Congressional District, to vote against the union-backed legislation."

New York Times: Low Wage Workers Are Often Cheated, Study Says. A new study, "Broken Laws, Unprotected Workers" based on a survey of workers in New York, Los Angeles and Chicago, shows that low-wage workers are routinely denied proper overtime pay and are often paid less than the minimum wage. Furthermore, "One in five workers reported having lodged a complaint about wages to their employer or trying to form a union in the previous year, and 43 percent of them said they had experienced some form of illegal retaliation, like firing or suspension, the study said." Read the full article here.

Exposed: MT Hair Salons Denying Workers A Right To A Union Before They Are Formed. As reported in both the Great Falls Tribune and The New York Times, a former manager of a hair salon in Great Falls came forward with her story about Regis Corporation asking its employees to sign documents nullifying any union cards they may sign in a future organizing campaign. While Regis claims the cards are being circulated to protect workers' rights to a secret ballot election, the former manager, Keri Gorder said, "I thought it was taking our right away before we ever exercised that right." And a leading labor expert described this tactic as illegal. Read more about it here: and here.

Labor Day List: Partnerships That Work. This week, ARAW released their yearly showcase of employers who "walk the walk when it comes to respecting their own workers' rights, and now they are going a step further by standing up on behalf of all U.S. workers. Every business profiled herein has spoken out on the need for meaningful labor law reform to ensure men and women have decent opportunities and their rights protected." These businesses include: American Income Life Insurance Company, Ivory Leathers, Inc, McGuire Scenic, Morton Williams Supermarkets, Print and Copy Center, Raymond's Painting and Decorating, West Sheet Metal Company, and Wisconsin Vision, Inc. See the full list of employers that have a successful relationships with their employee's labor unions.

No Coercion in Majority Sign-up. In their "Economic Snapshot" for the week of August 19th, the Economic Policy Institute (EPI) focused in on a lack of evidence of how majority sign-up or "card check" leads to coercion. Although Employee Free Choice opponents argue that unions will coerce employees to sign authorization cards or obtain a majority through fraud, a recent report, however, "suggests that this claim is frivolous." In fact, "a study of four states--Illinois, New Jersey, Oregon, and New York--that have had majority sign-up for public sector employees for many years failed to turn up a single meritorious case of coercion or fraud in more than 1,000 majority sign-up campaigns involving 34,000 employees between 2003 and 2009." More here.

Young Workers: A Lost Decade. In a new nationwide survey of young workers released earlier this week, the AFL-CIO found that more than one in three young workers say they are currently living at home with their parents, 31 percent of young workers reports being uninsured, up from 24 percent without health insurance coverage 10 years ago, and one-third of young workers cannot pay the bills and seven in 10 do not have enough saved to cover two months of living expenses. Full report here; read more about the survey here.

ARAW Employee Free Choice Lobby Day. Next week, over 200 progressive activists from 15 states--including small business owners, faith leaders, veterans, farmers and students will travel to Washington and meet with their members of Congress to discuss the reasons we need to pass the Employee Free Choice Act.

If you would like more information about next week's lobby day, please let us know.

A new report from the AFL-CIO shows some stunning statistics about young workers.

• More than one in three young workers say they are currently living at home with their parents.
• 31 percent of young workers reports being uninsured, up from 24 percent without health insurance coverage 10 years ago.
• One-third of young workers cannot pay the bills and seven in 10 do not have enough saved to cover two months of living expenses.

And perhaps the most telling finding:

When asked who is most responsible for the country's economic woes, close to 60 percent of young workers place the blame on Wall Street and banks or corporate CEOs.

It's clear that young workers need change now. We need to hold corporate greed accountable and help young workers - and anyone else who works for a living - get back on track. We can do it with the Employee Free Choice Act.

Security guards marched to Miami Beach City Hall on Friday in a staged protest against Security Alliance ~ Photo © 2009 Carlos Miller, NBC Miami

In January, about seventy-five percent of the Security Alliance guards signed cards to form a union with SEIU--but since that time, he and the 50 or so security guards employed by Security Alliance of Florida in the Miami Beach area had been experiencing intimidation, scare tactics and harassment at the hands of their employer for exercising their rights to organize. Ruiz was the only one out of his coworkers who was willing to speak about their efforts to form a union on the record.

His reward for having the courage to speak out for what he believes in? Losing his job. "We are trying to make this city safer for everybody, but I was fired when they found out I was speaking out and wanted a union," said Richard Ruiz, who was terminated after working for more than two years for Security Alliance. "Employers shouldn't stop decent people from trying to have a better life."

The Economic Policy Institute posted yesterday a recent study that shows literally no coercion in majority sign-up. You can read the meat of the survey here, but the graph says it all.

That's 1,073 majority sign-up campaigns with 5 complaints, 0 of which were found to have any merit.

So when the U.S. Chamber of Commerce tries its scare tactics, remember: it's corporations that coerce and intimidate workers who want to join unions. Anything else is just simply not true.

Quick hits: Around the union this week...

• Tea-bagging conservatives continue blaming SEIU for perpetrating the violence surrounding a St. Louis health care town hall--but now you can finally hear both sides of the story. Listen to SEIU staffer Reverend McCowan's interview correcting the record on incidents surrounding a Missouri town hall.

• Spread the truth about the right-wing's fear campaign being funded by anti-healthcare forces: SEIU counters "death panel" noise with real facts about healthcare.

• SEIU Secretary-Treasurer Anna Burger took the main stage at the Netroots Nation Convention this weekend to talk about building a 21st century economy that works for all Americans. More here about other SEIU panels at the annual gathering of progressive activists and political bloggers.

• Watch three short videos of Workers United members who are dealing with John Wilhelm, UNITE HERE's raids, and interference in their workplaces.

• "We spend more time at patients' bedsides than anyone else in the hospital, and have a better understanding of patient needs than hospital executives. Despite this, our executive officers essentially refuse to include us in discussions regarding patient care." In a Billings Gazette op-ed, registered nurse J. Curt Jensen makes the case for why nurses and all Montana workers need the Employee Free Choice Act.

• Will American children grow on "fat, salt, and corn-sweetener-laden government subsidized surplus"? Read Iowa City chef Kurt Michael Friese's commentary at Grist Magazine.

• Check out the story of a Detroit college freshman fighting to stay in the U.S. and find out how you can help defer her deportation.

• Major advertisers like Geico, Proctor and Gamble, and Lexis Nexis are pulling their ads from Glenn Beck's show in response to his disgraceful rhetoric...but not Wal-Mart! Tell Wal-Mart to end their financial support of Glenn Beck's televised hate.

• Be a part of SEIU's mobile alert list. Text SEIU to 787753 (PURPLE) right now, or click here to sign-up for our new mobile alerts program.

It seems the corporate fellas over at the National Association of Manufacturers are a bit confused about the difference between free speech and breaking the law as it relates to the Employee Free Choice Act.

This week we criticized a NAM adviser who defended corporate lawlessness on the pages of the Wall Street Journal. The adviser found virtually no fault with intimidating threats, and complained that corporations wouldn't be able to stop employees from joining unions without punishment. NAM responded to our criticism, raising the false specter of corporations "who express their opinions [being] punished for that expression."

Except the Employee Free Choice Act says no such thing. Indeed, as we noted yesterday, the bill specifically sets out to punish corporations that WILLFULLY or REPEATEDLY break the law.

Let's take this difference for a simple exercise in which a boss talks to an employee about buying an apple.

Statement one: "I don't think you should buy that apple."

That's free speech!

Statement two: "If you think about buying that apple, I'll fire you from your job, you'll lose your health insurance, and we might move the apple overseas."

That would be breaking the law!

You see, there's a big difference between free speech and intimidation. One is OK. The other is against the law. The Employee Free Choice Act seeks to put teeth into the law so that when it's willfully or repeatedly broken, corporations can be punished for doing so - just like any other person who breaks any other law.

So, unless NAM is concerned its members will WILLFULLY or REPEATEDLY break the law, there's nothing to be worry about. Right, NAM?

Corporate groups are expanding their attack on working people and the Employee Free Choice Act. The latest volley? Defending the status quo of ineffective penalties for when corporations break the law. Yeah, they went there.

In a Wall Street Journal editorial, John Irving, an adviser to the National Association of Manufacturers, advocates for the current toothless system that allows corporations to get off scot-free when they break the law. Irving helpfully explains just how toothless the current system is:

For example, employers who might sincerely assert to their employees that "unions cause plant shutdowns" or "could cause loss of customers" may or may not be exercising lawful free speech, depending on the views of the labor board at the time. If employers fall afoul of the law today, they face only nonpunitive "make-whole" and "cease and desist" sanctions. [...]

There is no provision in current law for punitive fines and treble damages. Nor is there any requirement, as there would be under EFCA, that nondiscretionary injunctions be sought against employers based solely upon the NLRB general counsel's determination of "reasonable cause."

What does that mean? Irving finds virtually no fault in intimidating threats, and is supportive of the fact that one of the most severe penalty employers face is to say they won't do it again. One of the most "severe" penalties corporations face when they break the law is to post a notice in the workplace saying they broke the law and promise to never do it again - presumably with their fingers crossed.

Irving then goes on to explain just what the Employee Free Choice Act would do for corporations that break the law:

But EFCA dramatically escalates these penalties. Under the new bill, the employer could be subject to a $20,000 fine for each questionable statement, and to near-automatic injunction proceedings based on union-filed unfair labor practice charges.

Hearing Irving complain about increased penalties for when corporations break the law is like hearing Bear Sterns complain about collapsing after its own actions led to its demise. Give me a break.

Besides, we need only look to the text of the Employee Free Choice Act to understand these proposed penalties:

"Any employer who willfully or repeatedly commits any unfair labor practice ... while employees of the employer are seeking representation by a labor organization or during the period after a labor organization has been recognized ... until the first collective bargaining contract ... shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of not to exceed $20,000 for each violation.

In determining the amount of any penalty under this section, the Board shall consider the gravity of the unfair labor practice and the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, or on the public interest."

There you have it - these penalties are intended to punish corporations that WILLFULLY or REPEATEDLY break the law. Once again, we have corporations trying to say they're above the law and shouldn't be punished for breaking it.

This is the reality workers face when they try to join a union:

About 49 percent of employers openly threaten to close down a worksite when faced with a unionization drive. Untold more tell individual workers, in captive meetings, that jobs will be lost. 30 percent make good on the threat in real time, firing workers who engage in union activities. 82 percent hire unionbusting consulting firms which teach them how to most effectively shutter a union drive while either technically staying in the limits of the law, or breaking it in such a way that the gains will outweigh the eventual fines.

That is unacceptable, but it's what workers face every day in this country. If corporations break the law, they need to be held accountable. That's why it's so important to protect strong penalties in the Employee Free Choice Act. Don't let corporate groups talk their way out of this one - it's time corporations get the message that it's not OK to break the law.