Facing South

Machinists sue South Carolina governor for anti-union threats

Facing South
Facing South
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By Jenny Brown, Labor Notes

Anti-union rhetoric and threats are emanating from new
governors in several states, including Wisconsin, Ohio, and Florida. But
none has been so explicit as South Carolina, where incoming Governor
Nikki Haley has announced her determination to specifically keep unions
out of a new Boeing plant near Charleston.

"I think we're going to have a union fight as we go forward with
Boeing," Haley said as she named union-busting attorney Catherine
Templeton to head the state's Department of Labor, Licensing, and
Regulation. "We're going to fight the unions, and I needed a partner to
help me do it," the governor-elect said of Templeton, who worked for a
Charleston law firm that advertises its "union avoidance" expertise.

But officers of the state can't announce an intention to block
workers from exercising their constitutional and labor rights, say South
Carolina unionists.

By tasking Templeton to fight union organizing, "Governor Haley is
requesting a state official to violate the very law she is charged with
enforcing," said Bob Martinez of the Machinists.

"She's breaking federal law," said Donna Dewitt, president of the South Carolina AFL-CIO.

The Machinists and the state's AFL-CIO have sued Haley and Templeton
in federal court, and are asking the court to order state officials to
stay neutral in organizing and contract campaigns, and to stop
threatening the rights of workers to associate and organize.

The Machinists (along with the engineers of SPEEA) represent Boeing
workers in Washington state and hope to organize South Carolina Boeing

No Union, or No Jobs

Boeing is expanding its production in South Carolina partly to evade
its unions. The company is gearing up to fill orders for its new
passenger jet after many delays and huge cost overruns. Part of the
assembly work on the new 787 Dreamliner will be done in Charleston
instead of in Washington's unionized facilities.

Boeing bought an existing Charleston plant from Vought Aircraft in
2009, and is building an additional facility in the area for around $750
million, to be finished by mid-2011. The company says around 3,800 will
work in the plant.

State officials, desperate for industry, laid out a $450 million
welcome mat to entice the company. South Carolina's low unionization
rate, 4.6 percent -- sixth-lowest in the country -- was part of their sales

Washington state had coughed up $3 billion in subsidies to try to
secure the Dreamliner work, and the Machinists offered a 10-year
no-strike pledge. Boeing workers struck for 57 days in 2008.

The workers at Boeing's Vought facility had a union, too -- just barely.
Workers at the plant had voted in the Machinists 67-60 in 2007.

The campaign to bring a bigger Boeing facility to South Carolina put
tremendous pressure on them to decertify the union, Dewitt said. Some
workers were disgruntled already, complaining of poor communication from
the union during bargaining and then a weak contract.

South Carolina officials made very public promises of a "union-free"
environment for the aerospace giant, and let it be known through the
media that having a union would hamper a bid to win new work.

The vote among Vought workers was a crushing 199-68 against the union.

New Governor, New Danger

South Carolina unionists are used to hostile state officials, but say the new governor, a Tea Party darling, stands out.

"She's more dangerous because of her newness," said Leonard Riley of
Longshore (ILA) Local 1422 in Charleston. "She feels she can say and do
anything, and she doesn't have respect for the unions that are already
in place."

Riley said the lawsuit will be helpful because "it serves notice that
she's not going to be licensed to be freewheeling. She is a person that
was elected to represent the whole state but she's not representing

The lawsuit is based on the Civil Rights Act of 1871, a statute that
enabled civil action against public officials in Southern governments
that condoned Ku Klux Klan lawlessness. The suit also appeals to the
Fourteenth Amendment to the U.S. Constitution, which promises equal
protection for all.

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re: Machinists sue South Carolina governor for anti-union threat

The thing the South Carolina governor (and many of her union-bashing friends) doesn't understand is this: Unions are not some alien entity that comes in to seduce helpless workers; unions ARE helpless workers, who band together so that they're not helpless anymore.

A union can only organize a factory if it is invited to do so by a large group of employees who feel they're being treated badly by their employer. If they're being treated well, they're never going to contact the union, and the plant will be union-free -- it's as simple as that.

But the position Gov. Haley is taking is that if (and some will say "when") Boeing starts mistreating its Charleston workforce, she as the governor of South Carolina will be doing her best to make sure that the CITIZENS WHO ELECTED HER won't have access to most-logical solution for their mistreatment.

The right to form a union is upheld by federal law that's derived from from a promise the Founding Fathers made us, that being the right of Americans "peaceably to assemble." The governor of South Carolina swore an oath to uphold and defend ALL of that Constitution; she doesn't get to pick and choose which parts of it she likes best.