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The New Print Edition of CounterPunch, Only for Our Newsletter Subscribers! JAMES BROWN: THE SOUL WILL FIND A WAY It's been a year since he died and now Kevin Gray does full justice to the life and art of this incredible man: his roots in South Carolina; his brutal childhood; his irrepressible talent; his leadership of black America; his never-ending creativity. Exclusively for CounterPunch subscribers here is a definitive portrait of one of the most amazing and inspiring Americans in the nation's history. Get your copy today by subscribing online or calling 1-800-840-3683 Contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now! CounterPunch books and gear make great holiday presents.
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"Imperial Crusades: a Diary of Three Wars" by Cockburn and St. Clair
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Today's Stories December 21, 2007 John Ross Dick J. Reavis
December 20, 2007 David Rosen Alan Farago Laura Carlsen Ashley Dawson Wayne Smith Website of
the Day
December 19, 2007 Saul Landau Paul W. Lovinger Norman Solomon Dave Zirin Marjorie Cohn Sen. Russell
Feingold Sonja Karkar Anthony Papa Christopher Ketcham Davey D Website of
the Day
December 18, 2007 R. F. Blader George Wuerthner Steven Higgs Vijay Prashad David Macaray Ralph Nader Eva Liddell Martha Rosenberg Dave Lindorff Peter Morici Website of
the Day
December 17, 2007 Mike Whitney Tom Barry Uri Avnery Greg Moses Allan Nairn Patrick Bond Stephen Lendman Charles Jonkel Laray Polk Stephen Fleischman December 15 / 16, 2007 Peter Linebaugh Howard Zinn Standard Schaefer Raymond J.
Lawrence Alan Farago Saul Landau Jenna Orkin Ahmad Samih
Khalidi Robert Fantina Missy Comley
Beattie Ramzy Baroud James L. Secor Elijah Wald Website of
the Weekend
December 14, 2007 JoAnn Wypijewski John Ross Jacob Hornberger Andy Worthington Allan Nairn Dave Zirin Dave Lindorff Misty MacDuffee Ben Terrall Dr. Mustafa
Barghouthi Website of the Day
December 13, 2007 Paul Craig
Roberts Mike Whitney Ron Jacobs Norman Solomon Peter Morici Sandy Mayes Franklin Lamb Jacob Hornberger Nadim Rouhana Dave Zirin Website of the Day
Allan
Nairn Alan
Farago Ray
McGovern Winslow
T. Wheeler Evan
Jones James
Petras Joel
Hirschorn Joshua
Frank Sherry
Wolf Dan
Bacher Website
of the Day
December 11, 2007 Patrick
Cockburn Diana
Johnstone Paul
Craig Roberts David
Macaray Ralph
Nader Andy
Worthington Martha
Rosenberg Steve
Champion / Kim
Nicolini Michael
Dickinson Website
of the Day
Uri
Avnery Debbie
Nathan JoAnn
Wypijewski Steve
Kelly Donna
J. Volatile
December 8 / 9, 2007 Alexander
Cockburn Brenda
Norrell Saul
Landau R.
F. Blader Ray
McGovern Allan
Nairn Linn
Washington, Jr Paul
Craig Roberts
December 7, 2007 Sean
Penn Arthur
Versluis M.
G. Piety Pam
Martens Alan
Farago Allan
Nairn Col.
Dan Smith Alice
Slater Robert
Weissman Website
of the Day
December 5, 2007 Mike
Whitney Sharon
Smith James
Petras Ron
Jacobs Dave
Zirin John
V. Whitbeck Peter
Zinn Niranjan
Ramakrishnan Alan
Farago Heather
Gray Website
of the Day
December 4, 2007 Alexander
Cockburn Andy
Worthington Paul
Craig Roberts Ray
McGovern Winslow
T. Wheeler Allan
Nairn Russell
Mokhiber Nikolas
Kozloff John
V. Walsh Ghada
Ageel Stephen
Soldz Website
of the Day
December 3, 2007 Tariq
Ali Bill
Quigley Eric
Walberg Uri
Avnery Marjorie
Cohn Dave
Lindorff Stephen
Fleischman Martha
Rosenberg Website
of the Day
December 1 / 2, 2007 Alexander
Cockburn Jeffrey
St. Clair Mike
Whitney Shemon
Salam Roger
Burbach Benjamin
Dangl Brian
M. Downing Greg
Moses Sonja
Karkar Saul
Landau Margaret
Kimberley John
Ross Reza
Fiyouzat Judith
Scherr Lance
Olsen Christopher
Brauchli Robert
Fantina Dan
Bacher Michael
Donnelly Website
of the Weekend
November 30, 2007 Peter
Stone Brown Wajahat
Ali Allan
Nairn Alan
Farago John
Ross Corporate
Crime Reporter Lucia
Alvarez James
Rothenberg Website
of the Day
November 29, 2007 R.
F. Blader Ismael
Hossein-Zadeh Stephen
Soldz Sheldon
Richman George
Wuerthner Felice
Pace Col.
Dan Smith Harvey
Wasserman Nikolas
Kozloff Paul
Krassner Dave
Lindorff CP
News Service Website
of the Day November 28, 2007 James
Petras Jeff
Halper Pam
Martens Peter
Morici Mohammed
Khatib Helen
Redmond William
S. Lind Ben
Tripp Liaquat
Ali Khan Jeff
Berg Website
of the Day
November 27, 2007 Joe
DeRaymond Paul
Craig Roberts Marjorie
Cohn Mike
Whitney Ron
Jacobs Col.
Dan Smith Ralph
Nader Karim
Makdisi Christopher
Ketcham Ronan
Bennett Website
of the Day
November 26, 2007 Kathleen
and Bill Christison Paul
Craig Roberts David
Macaray Sameer
Dossani Roger
Burbach Mark
Scaramella Brian
McKinlay Rick
Kuhn Binoy
Kampmark Monica
Benderman Brenda
Norrell Website
of the Day
November 24 / 25, 2007 Alexander
Cockburn Robert
Fisk Saul
Landau Jeffrey
St. Clair Rannie
Amiri Christopher
Brauchli Daniel
Gross Mike
Whitney Marjorie
Cohn David
Rosen David
Michael Green Kenneth
Rexroth Muhammad
Iqbal Website
of the Day
Gary
Leupp Laura
Carlsen David
Macaray Andy
Worthington Clifton
Ross Seth
Sandronsky Dan
Bacher William
A. Cook Website
of the Day
November 22, 2007 Alan
Farago Greg
Moses Dave
Lindorff Mike
Ely Omar
Azfar
November 21, 2007 Vijay
Prashad Martha
Rosenberg Manuel
Garcia, Jr. John
Ross Brian
McKenna Stephen
Soldz Monica
Benderman Ben
Terrall Website
of the Day
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December 21, 2007 Why Winning an NLRB Election Doesn't Guarantee New ContractUnion AftermathBy DAVID MACARAY Even after a group of employees goes through the hassle of getting enough signatures (30% of the workers) to force an employer to submit to a NLRB-sanctioned union election, and even after they survive the company's comprehensive anti-union propaganda campaign (usually consisting of disinformation and veiled threats), and manage to win that election (with a simple majority), it's not guaranteed that these employees will get a union contract. Unfortunately, in many instances, winning the right to form a union is only the first step. Despite federal law requiring the parties to engage in "good faith" bargaining, many companies simply don't know how to take yes for an answer. After using every trick in the book to dissuade their employees from joining a union (and failing in that effort), companies go to the bargaining table with the prime objective of thwarting the negotiation process. Speaking of "tricks" used in anti-union propaganda campaigns, one of my favorites involved a west coast manufacturing company that was determined to go the extra mile in keeping the union out. During the interim (after getting the necessary signatures but prior to the actual vote), the company forced its employees to attend mandatory meetings where they were subjected to an anti-union movie which was advertised as being sanctioned by the NLRB. What?! The NLRB sponsored propaganda that opposed the establishment of labor unions? Well, not exactly. At the end of the movie, in very small print, the audience was informed that the initials "NLRB" stood for an organization called the "National Labor Reference Bureau," and that this organization was not to be confused with the actual National Labor Relations Board. But back to company strategy at the bargaining table. Management's chief tactic in these instances is simply to stall. Its goal is to break down the union's resolve, to drag out the bargain to the point where the membership begins to have second thoughts. Knowing that they have a freshly elected rookie negotiating team facing them, one sent there by an earnest but naive workforce looking to secure its very first contract, the company attempts to exploit that dynamic. What they do is refuse to agree to the majority of the union's agenda. Besides coming in shamelessly low on the obvious cost items (wages and benefits), the company takes an intransigent position on standard, boilerplate language: they refuse to agree to the establishment of a standing committee to adjust grievances, refuse to include a binding arbitration clause, and refuse to agree to automatic dues withdrawals (where monthly dues are automatically taken out of the employees' paychecks, a practice done in the overwhelming majority of union shops), forcing union officers to collect dues themselves, an arduous, time-consuming process. Another tactic is to refuse to agree to provisions and practices that are already in place, ones that have been observed for years, before the vote to make it a union shop. For example, the company will refuse to recognize a certain holiday as a day off with pay, even though it's been a common practice. The company's message: "You didn't trust management to take care of you. You wanted a union. Fine. Now see how hard it is to get a decent contract." A newly formed union membership is vulnerable, particularly at their first negotiation. They've just voted to affiliate and, while excited and still a bit intimidated by the prospect, don't quite know what to expect. When the company plays hardball, refusing to sign anything that comes close to resembling a fair agreement, it puts enormous pressure on the employees. No one, not even the most vocal leaders of the organizing campaign, wants to go out on strike. After all, the whole point of forming a union was to improve their economic status, not to wind up hitting the bricks as a first step. And then there are the dissenters, those members who voted against affiliation, who didn't want a union in the first place. The longer it takes for the company to agree to a contract, the more influence these people have on the floor. When things turn ugly at the bargaining table, it's not uncommon for a decertification drive to begin, often fueled by company gadflies. With what started out as an opportunity to better themselves via a union contract having turned into a bitter struggle, with rumors of a strike now in play, people begin second-guessing their decision to form a union. Even with representatives from the parent International giving assistance at the bargain, it's very difficult keeping the troops focused when the company is purposely dragging it out. Typically, the International will file an unfair labor practice (ULP) charge with the NLRB, accusing the company of failing to negotiate in good faith, but this does little to change the situation. ULPs are seldom upheld; and, in any event, the investigation and appeal periods take too long to make them a viable weapon. What happens more often than not in these situations is that the union either agrees to an inferior contract, or the company signs what is called an "implemented agreement." An implemented agreement is where the union refuses to sign a woefully inferior contract, but also, for whatever reasons, decides not to go on strike, leaving the company to "implement" the agreement (more or less signing the union's name to it). In a few cases, the membership decides to decertify. The newly formed union members vote to abandon their union. Sometimes they choose to reaffiliate with another union (blaming the failure to get a decent contract on the International), sometimes they choose to remain unaffiliated, to go it alone. But in any event, it's a victory for the company. So next time we read about a workforce winning a NLRB union vote, let's not assume they've "won" anything yet. If the company is a bad loser and intends to take the fight to the next level, the union has got its work cut out for them. David Macaray, a Los Angeles playwright and writer,
was president and chief contract negotiator of the Assn. of Western
Pulp and Paper Workers, Local 672, from 1989 to 2000. He can
be reached at: dmacaray@earthlink.net
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