National Labor Relations Act

THE GIANT VS. THE MIDGETS – Rep. Hank Johnson, Congressional Record, 12.12.12

Congressional Record
112th Congress (2011-2012)

“Then you have the commercial committee, let’s call it, of ALEC. They produce legislation such as crush-the-union legislation, also misnamed right-to-work legislation. It is not right-to-work, it is crush-the-union.”

“So the bill, or the bills, that have been passed out of the Michigan assembly in both their house and senate are products of ALEC, the American Legislative Exchange Council, almost word for word.”

“And guess what? Those corporations, pursuant to Citizens United, can participate in the campaign process. They can do electioneering. They can influence elections. They can give money to organizations that support candidates. And so it’s an ugly lobbying situation when you put corporations with legislators in a wining-and-dining setting with added benefit of campaign More →


Ed. note:  This is a study was published by the University of Toledo Law Review.  It was written by Ellen Dannin, who is the Fannie Weiss Distinguished Faculty Scholar and Professor of Law at Penn State Dickinson School of Law.  The study is 29 pages in length and I will encourage everyone to read it and check it’s references as being very prescient. 

Here we will post here the Conclusions.  Separate sections will also be posted as time permits.  We think that this is a very important document and worthy of publishing it in sections so that those not wishing to tackle 29 pages at a time can read this.

This small sample, drawn from thousands of model bills that ALEC has drafted, would promote a radical reordering of the operation of American society.  The ALEC bills examined here demonstrate strong opposition to public-sector work and workers and take the view government illegitimately usurps private enterprise. In other words, ALEC contends that the natural and best operation of the education and financial ordering is through private companies in a system in which unions do not exist. ALEC acts on that view through many strategies to move public work to the private sector and to bar union representation and negotiation. Those strategies include tax breaks and subsidies that allow people to opt out of public institutions, penalize government for offering any service that could be provided by the private sector, permit private persons or businesses to challenge a public service, and create vehicles to privatize public work. The strategies also include degrading the quality of public work, giving private businesses the right to sue for claims that they have experienced economic loss by competition from a government agency’s services, and providing incentives to workers to opt out of collective bargaining.

Services that are provided by the government tend to be natural monopolies. If ALEC succeeded in moving all government services to the private sector, the result would be provided by freedom of More →