The bill will have a hearing before the Senate's Health, Education, Labor and Pensions (HELP) Committee tomorrow (March 11, 2010).

The Paycheck Fairness Act will make it harder for employers to defend themselves against charges of gender bias by shifting the burden of disproving the allegations to the defendants rather than requiring plaintiffs to prove discrimination. It will also uncap punitive damages, so someone could be rewarded $22,000 in back wages–and $17.5 million in punitive damages! A stretch, but anything is possible if there's a jury (or wacko judge) involved.

Once this and Obamacare become the law of the land (cross your fingers that they don't), what's next?

The Employee Forced Free Choice Act (EFCA), no less.

Egads!

It Lives! Paycheck Fairness Act Goes to Senate HELP Committee is a post from: Labor Law Guy

What I drew from his work was the observation that health care spending across the globe pretty much tracks the wealth of nations. The wealthier nations tend to spend more of their GDP on health care, probably reflecting a desire to do so by the populace.

The one exception is Japan, but having once worked in Japan, I must say it's not a place where you'd want to get sick unless you had lots of money and/or lots of connections.

A graph follows, but I can't vouch for its graphic quality:

The Wealth of Nations and Health Care Spending: No Surprises Here is a post from: Labor Law Guy

Though the Virginia law, which forbids the unionization of police, fire and paramedic personnel working for any public entity in the commonwealth, has broad bipartisan support, PSEECA would forbid any state from doing what Virginia and other states have done–protect themselves from the extortion expense and recalcitrant behavior of unionized public safety servants.

Nationwide, just 7.6 percent of private employees are unionized, but 36.8 percent of public sector employees belong to unions. Nationwide, almost 59 percent of police are unionized, and the figure is even higher for firemen–70 percent.

Consider the consequences: In Albana, N.Y., the firefighters' union recently argued that one of its members should not be terminated for committing off-duty arson–because it did not impact his firefighting abilities! In Seattle, the police have gone unpunished for a series of brutal–and unjustified–beatings, with the city virtually powerless to discipline those involved.

Anyway, while the Employee Free Choice Act (EFCA) gets all the headlines, PSEECA flies under the radar–while threatening not only states' rights but also public safety when intractable unions start dictating policy to firemen and policemen, and to the local governments that pay them.

Related Blogs

• Another Card Check Bankshot? | thetruthaboutefca.com | The Truth About The Employee Free Choice Act & Card Check
• Union Avoidance | Employee Free Choice Act | Positive Workplace | Labor Relations Institute
• Political Donations Choice Act | Conservative American
• Pros and Pitfalls of the Buyer’s Choice Act | Glen Oaks Escrow Blog
• Why is George McGovern and USAToday so adamantly opposed to the cornerstone of Barack Obama’s Labor plans? | Blogza.in.th
• Prevention of Money Laundering – Indian Cooperation | 9DOWNSOFT Finance
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• Public Safety Employer Employee Cooperation Act: The Heritage Foundation 2010 Labor Boot Camp-
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• Rep. Murzin: Time To Fess Up And Be Honest About Consolidation : NorthEscambia.com
• Open thread 3/7 | WE Blog | Wichita Eagle Blogs
• Union Avoidance | Employee Free Choice Act | Positive Workplace | Labor Relations Institute
• SmartBlog on Workforce » Is fighting unionization dying with the EFCA?
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Congress Set to Outlaw Outlawing of Public Sector Unions by States is a post from: Labor Law Guy

However, since Health and Human Services Secretary Kathleen Sibelius said Obama's "one proposal" will feature "some of the best ideas" from the House and Senate plans, this can only mean his proposal will be a blank piece of paper.

There were zero "best ideas" in either the House or Senate measures. In fact, there weren't even any "faintly good" ideas in either plan. Just more government, more government control, and less individual choice or freedom.

However, what this announcement really means is the re-emergence of the so-called socialist public option and a rush to reconciliation after trying to shame the Republican opposition at the Feb. 25 health care summit.

Whether we want it or not, and 60-plus percent of us don't, one way or the other we'll have Obamacare shoved down our throats.

Obama to Issue Own Health Care Reform Plan on Feb. 22 is a post from: Labor Law Guy

Wrong.

The Social Security Act of 1935 reserves the right for Congress to "alter, amend, or repeal any provision of this Act" at any time, for any reason, specified or not. In addition, the U.S. Supreme Court in 1960 ruled in Fleming v. Nestor that Americans have no "contractual right" to Social Security payments.

Keep this in mind as we race toward the year 2016 when Social Security taxes paid by those working will no longer be enough to cover payments to those retired and relying on Social Security.

The Social Security trust fund, set up in 1983 as part of a reform of the system, is nonexistent. When taxes were raised to feed the trust feed, feed they did–to the tune of $2.7 trillion, enough to cover Social Security through 2037.

One problem: Congress spent every penny of that $2.7 trillion on other causes (read: their own reelection), so the fund is penniless. (Where is Al Gore's mythical "lockbox" now that we need it?)

What this means is that, starting in 2016, Congress will have to raise taxes, reduce payments and/or raise the age of retirement–or any combination thereof. The last thing it can or will do is repay the $2.5 trillion since the government is already $12 trillion in debt.

Bottom line: Don't expect anything from Social Security when you retire. I imagine most of us will just have to find a way to work until we die at our jobs.

Oh, happy retirement.

Think You’re Entitled to Social Security Benefits? Think Again is a post from: Labor Law Guy

Ms. Gallo, looking at the appalling results at Central Falls High School (graduation rate below 50 percent), asked the school's staff to work 25 additional minutes a day, spend some of that time tutoring students, and also undertake two weeks of training in the summertime, among other initiatives to turn around the school.

Central Falls, Rhode Island, is a low-income community suffering terribly from the recession, but the teachers take home between $70,000 and $78,000 a year while the media area income is $22,000 a year. Still, the Central Falls Teachers' Union refused to go along with the superintendent's plan.

So she fired the lot of them, teachers and administrators, totaling around 100 employees.

Bye, bye.

Of course, as we've discovered in California, you can't even ask state union members to take a pay cut to help balance the budget without some judge's ruling the action illegal.

Bottom line–no you know why America's schools are in such bad shape. The cause is spelled u-n-i-o-n-s.

Best Rx for a Teachers’ Union: Fire the Lot of ‘Em is a post from: Labor Law Guy

Now, with our hard-working Senators set to take next week off for a Presidents' Day recess (how many of you have the week off?), Barack Obama has hinted at some recess appointments. Trouble with those, however, is that they're only good until the next election, which just happens to be later this year.

Anyway, we'll find out soon enough. In the meantime, though, I got a good chuckle out of reading a hypocrisy-laden critique of the Senate's filibuster by International Brotherhood of Teamsters (IBT) President James Hoffa,to wit:

“The President ought to be able to appoint who he wants to sit on the NLRB.  Politics should not stand in the way of a well qualified [sic] appointee. "

Substitute Robert Bork as the rejected appointee and the Supreme Count for the NLRB, and do you think Hoff would ever utter such a concept?

Cloture Fails, a Recess Appointment for Becker Next? is a post from: Labor Law Guy

Some reports claim the procedure was not available in Williams's home province; others aren't sure. However, clearly someone in Canada performs heart procedures for those who can't afford to go south of the border and are stuck with Canada's version of Obamacare. However, quality and waiting time are always huge factors in our northern neighbor's delivery system.

A few things shade this whole episode in gray if not downright darkness. First, Williams tried to hide the fact of his trip south for surgery. Second, it seems blatantly hypocritical for a staunch defender of CanadaCare to secretly opt for the obviously "lesser quality" (according to pro-Canada people like Williams) health care system in America. Third, it's not even clear if Williams is the payer or if the Canadian public is.

Which is why I've said all along, should Obamacare pass, the nation will face a two-tiered medical system: one for the public that's as awful as Canada's, and one for Obama and his cronies that retains all the glory and qualify of the privatized system we all currently enjoy.

Canadian Premier Williams Rejects His Nation’s Health Care System is a post from: Labor Law Guy

It was the Democrats' goal to rush through all controversial appointments before newly elected Massachusetts GOP Senator Scott Brown could be seated (set for Nov. 11 originally), but Brown has now moved up his seating to today at 5 p.m., affording Republicans a 41-vote front to stop the Senate in its tracks through filibuster.

Does this mean Becker will be filibustered out of his appointment?

In three words: "I hope so."

HELP Okays Becker for NLRB Post–Brown to the Rescue? is a post from: Labor Law Guy

Becker is controversial for suggesting that the National Labor Relations Board (NLRB), to which he has been nominated by President Obama twice now, can issue a gag order on employers during union organization drives and can also green light the use of card authorization rather than secret ballot elections for unionization.

Yesterday, he backed down, saying:

"The law is clear that the decision…(of) an alternative route to certification rests with Congress and not the board," Becker said, adding that the writings were "intended to be provocative and to ask fundamental questions in order for scholars and others to re-evaluate."

The writings to which he referred were the documents in which he made his suggestions about the NLRB's acting alone to take pro-labor positions.

Becker is a union lawyer and academic who was served as counsel for both the Service Employees International Union (SEIU) and the AFL-CIO.

From what I've read, however, no one bothered to ask Becker if he would favor minority unions–in other words, forcing employers to bargain with unions that are formed by a minority of the total represented workers voting as a majority (of a minority).

That could be a big worry.

Becker Now Claims NLRB Lacks Authority to Dictate Card Check is a post from: Labor Law Guy