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William Gould Press Clippings since January 1993 [Binder] [1]
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�WILLIAM GOULD
PRESS CLIPPINGS SINCE JANUARY 1993
�LIGAL TIMES • WEEK OF NOVEMBER 29,1993
Business Foes Produce Standoff
NLRB Nominee Gould Stuck in Politka
most of the controversial issues that the
board faces.
For now, organized labor and the presLast June, when President Bill Clinton
ident continue to line up together behind
named William Gould IV to a seat on the
Gould.
National Labor Relations Board, no one
"Bill Gould will not be confirmed this
was expecting more than a minor congressession, and that's tragic. Our concerns
sional skirmish before Gould was conwith the NLRB's serious past misapplicafirmed by the Senate and became chairtions of labor law will only be corrected
man of the labor board.
once a person of his stature becomes
But as November ends, the nomination
chairman," says Rex Hardesty, informahas been declared dead for this year, and it
tion director at the AFL-CIO.
may languish into February or March of
"We're going to get Gould through.
1994—despite Gould's sterling credentials
The White House is very committed to
as a labor arbitrator, prolific scholar, and
that," says John Podesta, White House
Stanford Law School professor, and destaff secretary.
spite a 10-ii favorable vote of the Senate
Opposition to Gould stems from the
Committer on Labor and Human Renominee's voluminous writings in labor
sources in October.
law. His current book. Agenda f o r ReAlthough a compromise is being floated
form, sets forth an ambitious program to
on Capitol Hill that may break the political
change the nation's legal structure govlogjam on Gould's nomination, some Reerning labor-management relations.
publicans und business lobbyists think
Business lobbyists like Cameron—with
they might even be able to force President
the strong backing of groups such as the
Clinton to withdraw it.
National Association of Manufacturers—
"It's all a Mexican standoff," says
say that Gould, contrary to his reputation
Bradley Cameron, director of govemment
as a neutral arbitrator, supports changes
relations at' the D.C.-based Labor Policy
that tilt in labor's favor.
Association, a management group that
One key example: Gould wrote in his
vehemently opposes Gould as too probook that secret-ballot union elections
union and outside the mainstream of labor
should bereplacedby "card checks," in
law. "The administration lost the first
which union organizers pass out cards to
L We'll see what happens in the
workers. When 60 percent of the workers
at a site sign such cards, Gould writes,
?ugli Gould's withdrawal isn't
the union should be certified without an
'it's clear that by the time the first
election.
anniversary of Clinton's inauguration rolls
Cameron likens Gould's outspokenness
around, the president will have failed to
on the issues to that of Lani Guinier, the
r : any permanent appointments to the
University of Pennsylvania law professor
five-member labor board, despite the exwho withdrew her nomination to head the
istence of th ree vacancies.
Justice Department's Civil Rights DiviEmbarrassingly for the administration,
sion in the face of intense conservative
it looks as if Clinton will soon be forced to
opposition.
make a recess appointment just to ensure
Gould insists that he does not march in
that the agency has three members and can
lock step with labor.
continue to hand down decisions on labor"The Washington-based organizations
management disputes.
have put out material about me that is both
Of course, Clinton is behind on a large
scurrilous and defamatory," says Gould,
number of federal appointments. What
who pledged at his confirmation hearings
makes the NLRB's case special is that
Oct. I to follow existing NLRB precedthere are no career bureaucrats who can
ents as chairman. "The record shows that
step in on an interim basis. The board has
I am supported by both labor and managetaken the position that it will not hand
ment lawyers."
down decisions with only two members.
Indeed, dozens of management lawyers
Moreover, after the administration's
voiced strong support for Gould at the
very public split with organized labor over
October hearings.
the North American Free Trade AgreeBeyond Gould's writings, much of the
ment, Clinton needs to deliver something
problem with his nomination centers on an
for the unions—like two new NLRB memold NLRB tradition providing that no
bers who are; likely to vote labor's way in
more than three of the five seats can be
occupied by members of any one party.
The holdovers are Republican member
James Stephens, currently the chairman,
and Democratic member Dennis Devaney.
Gould and Clinton's other nominee,
Margaret Browning, a union-side lawyer
who is a partner- in Philadelphia's Spear,
Wilderman, Borish, Endy, Browning and
Spear, are Democrats. That leaves the
third vacant seat for a Republican, and
Sen. Nancy Kassebaum (R-Kan.), the
ranking Republican on the Senate labor
panel, is making it clear that she wants
veto power over that appointment.
"they're pretty much where they were
a year ago," says a Democratic labor
lawyer here. "They have to find a Republican they can sell."
Despite the favorable report from the
committee, Senate Republicans are threatening a filibuster if Gould and Browning
aren't accompanied by an choice for the
third seat acceptable to Kassebaum.
Says a Senate staffer: "We see the ball
as being in (Majority Leader Georgej
Mitchell's court. He hasn't moved it yet."
On the evening of Nov. 19, at the start
of a weekend when dozens of Clinton appointments were cleared by the Senate,
Sen. Trent Lett (RrMiss.) pointedly asked
i. Clancy Kassebaum wants to
Mitchell on the. chamber floor about
sign o f f on ihe GOP appointee.
m
Y JONATHAN ORONER
I
Gould's status. Mitchell replied that he
was not moving the nomination forward at
that time. Hearing that, and satisfied that
Gould was not on the Democrats' agenda,
Lott let other matters on the floor proceed.
That sort of Republican vigilance
against an effort to slip the nomination
past the GOP makes it thoroughly clear
that Gould will not sail through on his
own.
"We consider ourselves on call to start
. a floor discussion on the guy on a moment's notice," says a Republican staffer.
"Around here, anything can happen."
But since the Senate, adjourned Nov. 24
without taking action on Gould, any
compromise between Kassebaum and the
White House will have to await the new
year.
A Few Good Republicans
For the Republican seat in the package,
according to five Capitol Hill and NLRB
sources, Kassebaum had earlier suggested
Sharon Prost, chief minority counsel to the
Senate labor committee, or Mary Harrington, a labor counsel at the Eastman Kodak
Co. in Rochester, N.Y. Both of these
names were vetoed either by the administration or by organized labor.
Last week, a new name surfaced: Kenneth Hipp, a management-side lawyer
who is a partner in Honolulu's Goodsill
Anderson Quinn & Stifel. Hipp, 48, is a
former deputy assistant general counsel at
the NLRB.
Early indications were that Senate
Democrats, the labor movement, and the
administration might find Hipp acceptable, but that Senate Republicans were
adopting a wait-and-see stance.
Business lobbyists are less hesitant.
Cameron of the Labor Policy Association says, "He's not the business community's choice. I don't think it will fly.
Republicans won't swallow just anyone
that the White House thinks is a good
Republican."
Hipp did notreturna phone call.
Without a compromise candidate in
sight. President Clinton will presumably
have to make arecessappointment who
would serve until an NLRB nominee was
confirmed, thus keeping the agency running with three members.
That candidate could be Gould, Brown-
Nominee William Gould I V insists
he is no pawn of labor unions.
ing, or someone else. Gould and Browning decline comment on whether they
would accept arecessappointment.
This problem arose when Republican
member John Raudabaugh, himself a
George Bush recess appointee, resigned
Nov. 22, effective at the adjournment of
Congress, to become a partner in Chicago's Matkov, Salzman, Madoff &
Gunn. The other two seats were held by
Mary Cracraft, who left in August 1991,
and Clifford Oviatt Jr., whoresignedin
May 1993.
Over the weekend, Clinton sent to Congress the name of Fred Feinstein, chief
counsel to the House Education and Labor
Subcommittee on Labor-Management Relations, as NLRB general counsel, the
chief prosecutor of cases before the board.
Neither Feinstein nor board nominee
Browning is considered as controversial as
Gould. But their nominations will probably be considered along with his and that
of a Republican in the "package."
"It's the political process at its best.
That's what people are good at here,"
says a D.C. labor lawyer.
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I W L E I t V I S DIAMOND
• i
�Leaving NLRB in the Lurch
i
O
By Al Kamen
\\
VitJimfflon Pan Suff Wnler
f the eight Clinton nominees the Senate left
on the floor when it recessed last week, the
most upsetting for the administration was
William & Goald IV, a Stanford law professor and
specialist on labor law who was nominated to be
chainnan of the National Labor Relations Board.
Gould, who would be the first black to chair the
board and only the second black member in its
58-year history, apparently was held up by some
Republicans who saw him as too liberal and others
who wanted to see who President Clinton was
picking for the vacant Republican seat on the
five-member board.
The White House, trying to cut a deal with Sen.
Nancy Landon Kassebaum (Kan.), the top
Republican on the Senate Labor Committee, was
prepared last week to offer Republicans just about
anyone they wanted if they would confirm Gould.
The Clintonites last week floated Hawaii lawyer
Kenneth Hipp and Lansing, Mich., lawyer Theodore
Swift for the GOP seat, but it's not clear Senate
; Republicans are buying.
The reason for the White House concern? As of
last week,.the board does not have a quorum with
which to function—although the agency's other
operations are not affected.
Besides two longstanding vacancies, a third
member, John N. Raadabaugh, turned into a
pumpkin last week when Congress adjourned
because he was a Bush recess appointee. That left
the board one short of a three-member quorum.
Word is the administration may make its own
recess appointment of Philadelphia lawyer
Margaret A. Browning, who is seen as
noncontroversial. The administration is leery of
going the recess route, but may do so if the
Republicans agree to a deal.
As if the NLRB didn't have enough problems, the
critical job of general counsel, held by Bush
holdover Jerry M. Hnnter, also became vacant over
the weekend, and Clinton's nominee, longtime
counsel to the House Education and Labor
subcommittee on labor-management relations,
Frederick L Feinstein, was sent up to the Hill too
late in the session to be confirmed. Dan Silverman,
the New York regional director, is coming down to
be acting general counsel until Feinstein is
confirmed, probably in late February.
And so, Loop fans, nearly one year into the
Clinton administration, the NLRB remains headed
by Chairman James M. Stephens, who was
appointed by labor's great and good fnend, Ronald
Reagan...
One wag familiar with the process joked that only
a Herculean effort by the administration and
organized labor could have produced this.
The seven other nominees on hold until the
Senate returns in late January are Everett IVL
Ehrlich, for undersecretary of commerce for
economic affairs; Nancy Gertner, a federal district
judge nominee in Massachusetts, and five
ambassadorial nominees: San Diego hotelier M.
Larry Lawrence for Switzerland; Thomas L
Siebert for Sweden; Los Angeles car dealer Sidney
Williams for the Bahamas; Atlanta investment
banker K. Terry Dornbush for the Netherlands and
former Action director Sam Brown to represent
the United States as an ambassador to the
Conference on Security and Cooperation in Europe.
The nominations likely will make it through when
the Senate returns next year, although there was
Foreign Relations Committee grumbling that some
ambassadorial picks, especially Lawrence, were
getting the jobs only because they were big
contributors. (We're shocked!) But Republicans,
given the Reagan-Bush record, can't complain
about that with a straight face. _
�WALL STREET JOURNAL
November
29, 1993, Monday
HEADLINE: CONSERVATIVES TEAR A PAGE FROM LIBERALS' BOOK, 'BORKING' CLINTON'S
NOMINEES FOR LEGAL POSITIONS
lYLINE: BY
PAUL M BARRETT
7
the American Spectator and
ton Times. After usinf.
WASHINGTON - "Borking" is back, vers to delay Ms. Napolitano'fc"
but with the roles reversed.
tion for months. Republicans retehted on
During the Reagan-Bush years, the Nov. 1 and allowed her
9
''conright decried liberal attacks on judicial firmed for the post. - /•Mf'^a^ti^.:.
and Justice DepartIn pressing aggressive challenges to
ment
nominees
Clinton appointees, the conservatives "are
such as Robert
borrowing a page from our book," says
Bork,
Clarence
Nan Aron, who as director of the Alliance
Thomas and Wilfor Justice, a consortium of Uberal&roups,
liam Bradford Reycoordinated opposition tofieaganand
nolds. Indeed, the
Bush appointments. Conservatives: accampaign
that
knowledge that, like their liberal counterkilled Mr. Bork's
parts in the 1980s, they have the resources
1987 Supreme Court
to tiy to stop only a tiny fraction of the
nomination
bepresident's nominees.
•• - i*
queathed the verb,
"The goal is to force Clinton r.'i'to
"to bork." meaning
expend as much political capital as possito barrage an apble," says Clint Bolick of the libertarianpointee with sensaconservative Institute for Justice. He
Robert Bork
tional-sounding exwith
cerpts of past opinions, writings or helped lead the blitz on Ms. Guinierthis a
slashing editorial-page article in
speeches.
newspaper. "If we succeed even in only a
Despite their protests about liberal tac- few cases," Mr. Bolick adds, "we may
tics, however, conservatives have put to- discourage the White House from choosing
gether a potent borking machine of their people with more extreme philosophies."
own. Its key components: Republican Senate aides who compile negative dossiers on Attack on GouldforNLRB Post ,
Republicans, for example, probably
nominees; like-minded outside groups that
seek to stir up "grass-roots" opposition; don't have the votes to kill Mr. Gould's
and conservative columnists, whose simul- nomination to head the labor-relations
taneous alarms can create a powerful echo board. But they hope that by tying up the
liberal Stanford law professor's appointeffect.
ment, they can influence the White House
'It's Our Turn Now'
to name a more pro-business person for
"Liberals stopped Robert Bork's nomi- another vacancy on the NLRB. So, in an
nation for the Supreme Court; liberals attack some business 16bbyists describe
almost stopped [Justice I Clarence privately as "borking," Mr. Gould is being
Thomas," says Thomas Jipping of the depicted as a "radical" for having advoconservative Free Congress Foundation. cated pro-union legal changes in his acaAnd Mr. Reynolds was rejected for the No. demic writings. *.t3Rts3:?v>.*f#*-r
3 post at the Justice Department. "It's our
In a new-tn^mjeariier/lQ^'^atturn now," Mr. Jipping declares.
egy, the omsera^^^
The big conservative victory so far has volves covert efftnlfh£some tJOP Senate
been blocking Lani Guinier from becoming aides to indtt edl
ists and the public,
the Justice Department's civil-rights chief.= After President
4
'aihounded inl^te ^
But others are currently under fire, includ- September that'
ited to proihote ;
ing Rosemary Barkett, a federal appeals ... Judge Barkett frdm
of Florida's fep
court nominee, and William Gould, the court to i spot O
federal appeals,
n
„
would-be chairman of the National Labor court in Atlanta, Sides tp GOP Sen, Orrtn '
Relations Board, ji Hatch of Utah weiittowork. They combed ' *
The connection to past battles is quite the 54-year-old juns'tV lengthy recordto.
direct in some instances. Janet Napoli- find examples pf het liberal "activtap," ^
tano. Mr. Clinton's choice to be U.S. especially anyoppbsitiontodeath seiken-^
attorney in Phoenix, generated GOP hos- ces in grisly;miirder cases. ^^?:k%W^.tility because of her refusal to discuss
In due course, Sen; Hatch, the ranking
confidential aspects of her work as counsel Republican oh the Judidary Committee, s
to Anita Hill, who accused Justice Thomas announced that he was "deeplyteoubled^//
In 1991 of sexual harassment. Questions by Judge Barkett's. views on capital giin-' ,'
about Ms. Napolitano's role were first ishment. Behind the scenes, Mark DIsler, a**
raised by conservative journalist David senior Hatch aide, circulated anti-Barkett
Brock, who attacked her in articles in memos to presumably sympathetic coium• j ] i - / * u i . M . flAKKETT •
Sta//
Reporter 0/ T H K W A L L S T R E E T J O U R N A L
7
|
x
v
•
�A-6
(No. 226)
CURR^
D E V E L O
pMEMTS
(DLR)
11-26-93
Clinton administration officials prrtS-H he $25,000 buyouts, known as voluntary separation incentives, to decrease the federalSvvlforce by 252,000 employees. Concerns about
the buyout costs led to the deletion of the FeJierai Workforce Restructuring Act (S 5135, HR
3345) from the Govemment Reform and Sayihcs Act (HR 3400)—a $37 billion package of spending reductions—according to the Federal G^emment Service Taskforce.
r
>
Congressional Budget Office figures s^vved that federal employees taking retirements
early would cost $519 million over the next five years if the buyout legislation was enacted.
Over 20 years, according to CBO, savln|s from such personnel reductions would more than
offset the short-term cost. CBO also said thecurrent attitude of the federal workforce and lower
attrition rates indicated that employees would leave federal service faster with the buyouts.
Push Prompted By Recess
The buyout legislation passed the Senate Governmental Affairs Committee and House
Post Office and Civil Service Committee thislall, but no floor votes were scheduled for either
chamber. As the congressional holiday receaa neared, unemployment compensation and deficit reduction plans pushed buyout incentives'aside, which led to efforts to attach the legislation
to other measures.
As a result of CBO's predictions and cost estimates, House supporters of the buyout incentive were rebuffed Nov. 22 when they tried to attach it to other bills or prevent a similar
measure from being stripped out of a budget package that grew out of Vice President Al Gore's
National Performance Review, the task force explained.
Democratic supporters in the Senate also tried one last time Nov. 22 to move a version
of the bill forward but failed because of the deficit-reduction concerns. Sen. William V. Roth
Jr. (R-Del) had sought to apply the savings from the 252,000 workforce reduction to deficit reduction, while Sen. Robert Byrd (D-WVa) had claimed the savings for the Senate crime bill,
the task force noted.
House opposition by Rep. Dick Armey (R-Texas), chairman of the House Republican Conference, prompted the administration to ask House Budget Committee Chairman Rep. Martin Olav
Sabo (D-Minn) to drop the buyout language and ojEfer an amendment in the nature of a substitute to
HR 3400, which passed the House Nov. 22 by C V
» t* taskforce explained.
016 o f 2 7 2 t 0
Workforce Cut Retained
1 6 3
16
||
As passed by the House, HR 3400 wouldfreduce the federal workforce by 252,000 positions over five years and cap the annual leave accumulations of those entering the Senior Executive Service after enactment at 90 days. Current SES members would be allowed to keep
their current level of accumulated annual leave, but would have to use or lose leave accumulated in future years.
•. ^
On Nov. 22, the House voted 219 to 213 to defeat an amendment to HR 3400 offered by
Reps. Timothy Penny (D-Minn) and John Kasich (R-Ohio) that would have significantly altered
the retirement age and benefits of future federal workers and military personnel. Among other
provisions, the Penny-Kasich amendment would have raised the federal minimum retirement
age for current and future employees from age 55 to 65 over the next 20 years at a savings of
$190 million over the period.
- .;f
- 0WHITE HOUSE SEEKS TO AVERT SENATE SHOWDOWN;
CIRCULATES NAMES FOR NLRB REPUBLICAN SEAT
The White House, eager to avert a fight in the Senate on the confirmation of Stanford University Professor William B. Gould to the National Labor Relations Board, is circulating the
names of two Republicans under consideration for the agency's fifth seat.
Copynoht © 1993 by THE BUREAU OF NATIONAL AFFAIRS. INC., Washington, O.C. 20037
�11-26-93
(DLR)
It
.^OPMENTS
Traditionally, NLRB has
The two nominees announced for'vaf
Gould and union attorney Margaretl
had insisted that before action is" taj
cans on the vacant Republican seaitT
(No-226)
A-7
* rh* oartv that controls the White House.
Tttve-member board are both Democratson tS.iladelphia. Sen. Nancy Kassebaum (R-Kan)
mite House must confer with the RepubliU
In discussions last week witlr
to treat the nominations as a packat
fer, but only after the Senate votes 5$
bllcan leadership, the White House resisted efforts
bes told BNA. The administration said it would con-
Rather than risk a threatened ^
relented and circulated on Capitol HUT
sideration: Kenneth B. Hipp of the HoSS'
Theodore W. Swift of the Lansing, Micj
ir and the need for a cloture vote, the White House
•iames of Republican attorneys who are under conSaw firm Goodsill Anderson Quinn and Stifel; and
\rm of Foster, Swift, Collins & Smith.
N C , and a 1967 graduate of Duke University. He
from the University of North Carolina where he
Ined the NLRB's division of enforcement litigation
ral counsel for contempt litigation in 1986. He has
Boston College Law School, Georgetown UniversiGraduate School of Business.
c
Hipp, age 48, is a native of Chal
obtained his law degree with honors fi§
served as an editor of the law review
in 1971, and served as deputy assist)
lectured at Catholic University Law!
ty Law Center, and the University of
Swift, age 65, was born in BattleL,
Mich. He is a 1950 graduate of Depauw University, and obtained his law degree from"?* ItliUversity of Michigan in 1955. He served from
1977 to 1979 as chairman of the Michiga " ite Board of Ethics. He was a visiting professor of
law at the Thomas M. Cooley Law Schoc i1980-81.
BNA was unable to reach Hipp br'Sfpj for comment.
JUSTICE DEPARTMENT FILES JOB BI
OVER BELLVILLE, 111., HIRING PRAC
CHICAGO—The Justice DepartmefilSas filed a lawsuit against Belleville, 111., accusing
the city of discriminatory hiring practiifcsf that violate Title VII of the 1964 Civil Rights Act
(U.S. v. City of Belleville, DC Sill, No|$J-799-WDF, 11/10/93).
The complaint was filed in U.S. DlMXict Court for the Southern District of Illinois in
East St. Louis on Nov. 10. It alleges tl||||je city has consistently excluded African Americans
and women from its workforce.
?Jliit
"The Justice Department will tearJpvm discriminatory barriers to employment wherever they exist," acting Assistant AttorMy^General James P. Turner said in a statement. "And
where victims of discrimination are located, we will provide relief to the full extent of the
law."
• .'v^J
The department noted that there arej© black police officers in Belleville and the city employs only one black firefighter. In Oct.^er» the city hired its first female police officers.
Belleville, located in St. Clair Couiity' has a population of roughly 43,000, with blacks
representing 27 percent of the county^s^||ulation.
According to the Justice Departm|nt» the city discriminated against blacks by giving
preferential treatment for hiring to frieKis and relatives of the city's virtually all white workforce. The city also implemented resMency requirements for hiring, which tended to have a
negative impact on black applicants.
Belleville also was accused of using<Uscrirninatory recruitment methods and established
discriminatory job selection criteria, ^ecity advertised positions in newspapers that were
seldom read by African-Americans, acconung to the department.
Copyright © 1993 by THE BUREAU
A F F A
' R S . INC.. Washington. D.C. 20037
0418-2893/93/SO+$ 1.00
�11-29-93
(DLR)
CURRENT DEVELOPMENTS
(No. 227)
A-9
budget is not enacted on time. The UEF pays benefits to injured workers in cases where the
employer has failed to provide workers' compensation insurance.
Although the UEF has been held liable in the past under Labor Code Section 5814 for a 10
percent late payment penalty, the California Supreme Court recently ruled in Dubois v. WCAB
(Calif SupCt, No. S018824, 6/28/93) that the UEF is not subject to the 10 percent penalty.
- 0 -
WHITE HOUSE NAMES DANIEL SILVERMAN
AS ACTING GENERAL COUNSEL OF NLRB
Moving to fill the vacancy created by the departure last week of National Labor Relations
Board General Counsel Jerry M. Hunter, President Clinton Nov. 24 appointed Daniel Silverman, regional director of NLRB Region 2 based in Manhattan, as acting general counsel.
The appointment is effective Nov. 28 and will continue until the Senate confirms the
nomination of Fred Feinstein to the general counsel post. The nomination papers were sent to
the Senate Nov. 20.
Silverman, 51, is a career agency attorney. He was appointed regional director in New
York in April 1981 by Chairman John Fanning. He directed agency operations in New York and
Bronx Counties in New York City, and Orange, Putnam, Rockland, and Westchester Counties
in New York State.
In 1977, Silverman was named associate general counsel for the division of operations
management, with responsibility for regional offices in the Northeast and Puerto Rico.
A native of Jersey City, N. J . , Silverman attended New York University where he obtained both his undergraduate and law degrees. He began his career with NLRB in its Pittsburgh office.
Hunter's term expired Nov. 27 (223 DLR C - l , 11/22/93).
- 0-
IN BRIEF
Report Saes Older Workers As Untapped Resource
Americans over age 55 represent an underutilized resource that will be increasingly needed
by society as the proportion of younger workers
declines, a five-year study by The Commonwealth
Fund, a charitable organization, has concluded.
The organization found that 5.4 million
Americans age 55 and older who are not working
are willing and able to work, but either cannot
find jobs or are discouraged from working by inflexible work policies.
"Older workers not only have company-specific knowledge but frequently better skills than
younger workers, and are reliable, productive,
and cost-effective employees. Yet, they are often
encouraged to retire early," said Michael C.
Barth, senior vice president of the fund and program director.
The 72-page study, The Untapped Resource,
makes a number of recommendations to open up
greater opportunities for older Americans and to
help companies reap the benefits of their older
employees' experience and skill. The recommendations include expanding flexible work arrangements to match older people's preference for
part-time work, increasing the availability of
training for older people to maintain their productivity, and finding ways to help older workers
become self-employed as consultants or seasonal
employees.
Public policy recommendations in the study
include encouraging policies to help older workers achieve their self-employment objectives; vigorously enforcing age discrimination regulations; improving pension portability and making
pensions age neutral; allowing employers to offer
partial benefits for part-time work; making health
Copyright © 1993 by THE BUREAU OF NATIONAL AFFAIRS, INC., Washington, D.C. 20037
*
041S-2893/S3/W-H1 00
�11-8-93
(DLR)
CURRENT DEVELOPMENTS
(No. 214)
A-9
But the expansion of employee rights under Fo7ey does not allow fraud claims in this
case, George said in reply to a question by Justice Kennard. Foiey has created great uncertainty in employment law, George explained, by allowing discharged employees to search back
through all the years of their employment to find evidence of employer intent not to terminate
except for good cause. That potentially exposes employers to the vagaries of the jury system
even for routine employment decisions, he warned.
Even if the employer prevails in such a case, litigating to prove its point will cost about
$100,000, George told the court.
No Fraud Damages In This Case
Foley Is not applicable to the facts of this case, Wagner contended, because it did not address claims for fraud and deceit. Hunter's fraud claim was added in an unsuccessful effort to
get punitive damages, he explained. The only damages awarded separately by the jury under
the fraud cause of action were contract damages for loss of future wages, he said.
When Justice George asked if fraud claims could blunt employers' summary judgment
motions, Wagner replied that fraud is difficult for plaintiffs to prove. "Without proof of detrimental reliance, summary judgment would still be in order," he said. "Fraud causes of action are provided in the Civil Code, and this should not be rewritten to immunize an employer
from the consequences of its fraud," he argued.
Hunter's case differs from ordinary breach of contract cases, Wagner said in response
to a question from Justice Edward A. Panelli, because it involves alleged employer deceit.
"Because of the deceit, the employee didn't know he had been lied to for six months," he said.
But fraud still does not exist without detrimental reliance by the employee, he stressed.
Employers should not be immunized for fraudulent conduct, Wagner said in answer to
concerns raised by Panelli that acceptance of a fraud cause of action would have broad consequences for wrongful discharge cases. "Fraud damages are provided in the Civil Code," he
observed.
- 0NLRB MEMBER DEVANEY OUTLINES
BOARD PRECEDENT THAT MAY BE REVISITED
Noting that President Clinton will have the opportunity to reshape the National Labor Relations Board as he will be able to name three board members and the general counsel during
his first year in office, NLRB Member Dennis Devaney said Nov. 5 that the Clinton board "will
undoubtedly change precedent and policy."
In prepared remarks for a Young & Perl client conference in Memphis, Tenn., Devaney,
whose term does not expire until December 1994, outlined a number of areas of board precedent that are likely to be revisited by a newly constituted Clinton board:
• Can you keep a non-employee union organizer off the company's private property?
• Can you establish an employee grievance committee in the plant's production
department?
• Can you draft an employee handbook rule that bans employees from talking about union
benefits during their "working time?"
• Can you tell employees that as economic strikers they can be replaced?
• When can you assume that a safety complaint from a single employee constitutes individual personal griping and is not protected concerted activity?
Devaney said the new board likely will want to address "concerns raised by the labormanagement community" in the aftermath of NLRB decisions in Electromation (244 DLR AACopyrigM C 1993 by THE BUREAU OF NATIONAL AFFAIRS. INC.. Washington. D C 20037
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A summary of the retirement proposal prepared by ASPA's National Retirement Income
Policy Committee includes brief reports on parts
of the retirement policy proposal written by
members of the committee.
A first step in establishing a national retirement system is to determine how much income retirees are likely to need, committee
member Robert Lebenson said in his report.
Factors to consider in determining an adequate
retirement income should include increased costs
of medical care and changing health care needs of
older individuals, he said.
Callahan said retirement income should be
based on a person's income and should be above
the poverty level. For example, someone earning
$80,000 should receive about 60 percent of that
income during retirement, while someone earning
$30,000 should receive about 85 percent, he said.
ASPA also proposes to establish a standard
retirement age that would automatically change to
reflect current life expectancy.
Republicans Unveil Immigration Reform Bill
The Republican Research Committee's Task
Force on Illegal Immigration unveiled details of a
legislative proposal Nov. 3, which the group said
would be the most "comprehensive" immigration
reform bill ever drafted.
An integral part of the proposal would be
creation of tamper-proof identification of citizenship. "To protect the rights and economic opportunities of all legal workers, the relevant federal
agencies should coordinate development of
tamper-proof Social Security cards and other
documentation," the committee said in their policy statement.
Currently in the United States, there are 29
different types of Green Cards identifying legal
alien workers. Rep. Elton Gallegly (R-Calif)
said. Counterfeit Green Cards can be purchased
ior $35 to $40 on any street comer in Los Angeles, he said.
Under the current system, employers bear
substantial cost and liability when it comes to hiring workers. Rep. Robert Goodlatte (R-Va) said.
Employers are becoming immigration agents, but
it is almost impossible to screen illegal immigrants given the profusion of false records and
identification, he added.
The tamper-proof identification in conjunction with increased investigation of the worksite
v/ould render employer sanctions for hiring illegal immigrants an effective tool, the task force
said. Present sanctions are futile because often
an employer is not even aware of an employee's
alien stateddto counterfeit identification, the
group said.
The bill also includes provisions for increased border patrols, pre-screening at foreign
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airports for travelers heading to the United
States, deportation of illegal aliens who have
committed crimes, and removal of "incentives"
for illegal entry including: public assistance,
emergency medical care, and temporary courtordered schooling.
The bill, which is still being drafted, may
be introduced this month or possibly held over until January, said Rep. Lamar Smith (R-Texas),
the ^ag^orr" rhairmailj
Nominees Playing Musical Chairs
Jie White House's latest stioie^to serve on
the National Labor Relations Board—Philadelphia
attorney Margaret A. Browning—is one of several
nominees caught up this week in what White House
staffers concede is a paperwork snafu.
1
According to documents sent to the Senate
on Oct. 25, Browning, of the labor law firm
Spear, Wilderman, Borish, Endy, Browning and
Spear, was to have filled the seat formerly held
by Democrat Mary Cracraft. That term would expire Aug. 27, 1996.
But on Nov. 1, the White House withdrew
that notice and simultaneously resubmitted the
Browning nomination linked to the seat soon to be
vacated by Georgia Republican John N. Raudabaugh. By gaining the Raudabaugh seat, Browning
will be able to serve an additional year.
Raudabaugh serves as a recess appointee
named by President Bush. If the Senate recesses
before Thanksgiving, his service with the agency
ends, and the board will be down to two members—ChairmanJamesSt^
and Dennis uevaney, a uemocrat. the lack of a
quorum may serve as an miormal deadline for
Senate action on the nomination of Stanford professor William Gould, the Clinton administration's choice as the new chairman.
The White House also has changed the threeyear term of Ernest DuBester, who is awaiting Senate confirmation as the newest member of the National Mediation Board (see related story in this
issue). In an Aug. 3 announcement, DuBester was
named to the seat held by Kimberly A. Madigan,
whose term expired June 30, 1993. But on Sept. 24,
the White House said that DuBester was nominated
for a term expiring July 1, 1995, and was replacing
Joshua Javits.
Hughes Aircraft, 1AM Reach New Accord
PHOENIX—Hughes Aircraft Co. and the International Association of Machinists Local 933
have concluded a three-year contract covering
2,000 workers at the company's missile plant in
Tucson, Ariz.
The agreement, effective Oct. 24, 1993,
was ratified by members of Local 933, including
assembly, production, support, and maintenance
workers at the Hughes facility.
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DAILY L B R REPORT
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LEADING T H E NEWS
GOULD PLEDGES THAT AS NLRB CHAIRMAN
HE WILL INTERPRET THE LAW AS WRITTEN
Drawing a line between his role as a law professor and his expected position as chairman
of the National Labor Relations Board, William B. Gould told the Senate Labor and Human Resources Committee Oct. 1 that if confirmed to a five-year term, he would view his role as
"concerned solely with the interpretation of the law as it is presently written."
Attempting to allay fears of the business community that his writings—particularly his
recently published book "Agenda for Reform"—reflect a tilt towards unions, the Stanford University law professor said that his role on the five-member board would be to interpret existing law and to serve as a neutral factfinder, rather than as a proponent of labor law reform.
"Both as an arbitrator and as Chairman of the board, my role is to decide cases based
upon the facts and relevant law," he said. "In neither capacity is the fashioning of legislation
part of the job description. That is the appropriate role for Congress."
Gould To Resign From Dunlop Commission
Responding to a question by Sen. Edward Kennedy (D-Mass) about his March 1993 appointment to the Clinton administration's Commission on the Future of Worker-Managem£nt
Relations chaired by John Dunlop, Gould said he has suspended his commission activities and
will resign upon confirmation to the board.
The announcement appeared to remove the only possible stumbling block to confirmation. Business groups had warned of a conflict-of-interest in a dual role for Gould as NLRB
chairman and adviser to the secretary of labor and Congress on proposals for legislative
change.
After polite but persistent questioning of the nominee by Sen. Orrin Hatch (R-Utah) and
others, Kennedy announced that the record would be kept open for a week and that additional
questions in writing could be submitted by close of business Tuesday, Oct. 5.
Hatch alluded to the standard to be used in voting for a Supreme Court nominee. He then
praised the NLRB nominee's integrity and qualifications, and left open the possibility that he
would vote in favor of confirmation contingent on satisfactory answers to certain "tough
questions."
Warning that he was very concerned about these matters. Hatch suggested that he needed
assurances that the nominee would not be "running wild at the NLRB." Gould rejoined that
those familiar with his career as an arbitrator would know that he had not done anything to
warrant that label.
Sen. Paul Wellstone (D-Minn) described the nominee as a "cutting-edge thinker" and
"the exact opposite of mediocrity."
In introducing the nominee to the committee, California Sen. Barbara Boxer (D) praised
his background as a scholar and as a negotiator. Sen. Dianne Feinstein (D-Calif) hailed Gould
as "the right person at the right time," and predicted he could bring labor and management
together.
Support For Joint Labor-Management Committees
Questioned by Sen. James Jeffords (R-Vt) on the role of employee involvement committees , Gould said that he has long advocated that employers voluntarily establish such relationCopyright C 1993 by THE BUREAU OF NATIONAL AFFAIRS. INC.. Washington. D C. 20037
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ships with employees on safety and health matters and other workplace issues. He added that
when employees know more about how the business operates, American industry will be made
more competitive.
Gould also endorsed rulemaking, particularly with respect to representation matters.
Citing delays relating to what constitutes an appropriate bargaining unit, he suggested that the
current system encourages litigation.
Hatch characterized the nominee's writings as being critical of the Taft-Hartley and the
Landrum-Griffin Acts for tilting the balance towards management. He asked how Gould could
enforce the very statutes he has so criticized. Gould remarked that he would operate within the
confines of the law as written, and that changing the law is the province of the Congress.
A Presumption In Favor Of Stability
Hatch repeatedly probed whether the nominee would reverse specific holdings that he has
criticized. Gould replied that the board is free to consider a matter anew, but that there is a
presumption in favor of stability. To reverse a policy, the agency must have substantial reasons for doing so, he said.
Gould specifically disavowed any intention to undo the U.S. Supreme Court's 1981 holding
of NLRB v. First National Maintenance Corp., that a partial closure, motivated by economic
motivations, did not trigger an obligation to bargain with the union (107 LRRM 2705).
Pledging to apply the same approach he used while an arbitrator, Gould said that First
National is the law, and as board chairman he will be obliged to follow it and operate within
those limits, absent new parameters set by Congress. He also cited his disagreements with
the Supreme Court's 1980 Yeshiva University decision declaring certain faculty members to Ce
managerial employees outside the scope of bargaining (103 LRRM 2526). He said he intends to
live with the holding and to enforce i t .
Other Vacancies At NLRB
The Clinton administration already has announced the nomination of Margaret Browning,
a union attorney in Philadelphia, to a vacancy on the board. A third seat remains to be filled.
Current board members are Chairman James Stephens, a Republican; John N. Raudabaugh, a
Republican who continues to serve under a recess appointment announced by President Bush;
and Democrat Dennis Devaney. Upon Gould's confirmation, Stephens can continue to hold his
seat as a member.
In November, the administration will be able to f i l l the most powerful position at the
agency—that of the general counsel. The post is held by Jerry M . Hunter, a Republican. Top
contenders for the post, sources said, include Fred Feinstein, chief counsel to the House
Education and Labor Subcommittee on Labor-Management Relations, and University of Tennessee Professor Patrick Hardin.
(Gould's statement to the committee appears in Section D.)
End of Section
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DAILY LABOR REPORT
FULL TEXT
SECTION
STATEMENT OF PROFESSOR WILLIAM B. GOULD
BEFORE SENATE LABOR COMMITTEE, OCT. 1, 1993
Senator Kennedy and other members of the United States
Senate Labor and Human Resources Committee:
Senators, my name is William Benjamin Gould IV. It is a
pleasure and honor to be here with you today.
As you know, President Bill Clinton nominated me to be a
Member of the National Labor Relations Board on August 5,
1993. He has also expressed his intention to name me as
Chairman of the Board if and when I am confirmed by the
United States Senate.
I am honored by President Clinton's expressions of confidence in me and I am grateful to him for nominating me. If
I am confirmed as Chairman, I shall do my best to leave a 5
year record at the Board which is of the highest quality,
professional competence and dedication—in short, one
which will reflect well upon the Clinton Administration and
its own professional judgment.
So that you will know better who you have before you, I
should like to provide you with some information about me,
my views, and my aspirations for my tenure at the Board.
I was born in Boston, Massachusetts on July 16, 1936. I
was raised in Long Branch, New Jersey from 1940 through
1954 and prior to residing in California, I have lived in
Detroit, Michigan, New York and Washington, D.C. I have
resided in Stanford, California since 1972.
My great-grandparents, the first William Benjamin Gould
of Wilmington, North Carolina and Cornelia Read of
Charleston, South Carolina, were slaves. My great-grandmother fled from South Carolina to Nantucket, Massachusetts in the 1850's before the Civil War and my greatgrandfather set sail from Wilmington with 7 other
"contrabands" to board the Union ship, the U.S.S. Cambridge
on September 22,1862, was mustered into the United States
Navy on October 1 of that year, and served with the Navy
until his honorable discharge in Charlestown, Massachusetts
on September 26, 1865.
From 1871 onward until his death in 1923, he resided in
Dedham, Massachusetts. A mason by trade, he was one of
the founders of the Episcopal Church of The Good Shepherd
in Dedham, where I was baptized. His six sons, my grandfather, William B. Gould Jr., and five great uncles, followed in
his footsteps in the U.S. military—my grandfather as a
Sergeant in the Sixth Regiment of the Massachusetts Volunteers in the Spanish-American War and my great-uncles as
officers in France in World War I.
These men were the backbone of the country and their
commitment to our nation, their views about religion and
life here on this earth have shaped my views and philosophy
since I was a small child.
In truth, their views, particularly as reshaped and transmitted to me by my parents, induced me to focus upon the
law as a career in the early 1950's. If I have contributed
anything of value to my fellow man and woman, it is
because of my parents, Mrs. Leah Felts Gould and William
B. Gould III, now deceased. They provided me with unqualified love, an understanding of how they would not allow the
racial discrimination visited upon them and their forbears to
defeat them, and tbe sense that the hArizon was boundless if
I applied myself.
No event has been more professionally significant for me
than the Supreme Court's declaration that the segregation of
public schools was unconstitutional while I was a high school
senior. Then, as now, the law has been a significant vehicle
to diminish inequity and unfairness in our society. I came to
the law as a profession because no rule of law has represented a beacon of hope against centuries of injustice in
country and because I see it as principled decisionmaking
above and beyond day to day immediate political passions.
In my adult professional life, I have practiced law, representing both labor and management, as well as individual
employees. In this connection, I have been involved in
proceedings before the National Labor Relations Board,
arbitrators, and both federal and state court judges. I have
argued before the United States Circuit Court of Appeals for
the District of Columbia, the Third, Sixth, and Ninth Circuits. I have represented both sides labor and management—in the negotiation of collective bargaining
agreements.
I have also served with the National Labor Relations
Board in Washington, D.C. on the staffs of both Chairman
Frank W. McCulloch and Member Howard Jenkins, Jr., a
Democrat and Republican respectively. I have taught •
lectured on Labor Law, Employment Discrimination Law,
Constitutional Law and other subjects since 1968. I have
been a tenured member of the Stanford Law School faculty
since 1972. I have held the Charles A. Beardsley Professorship, an endowed Chair, since 1984.
Prior to moving from the role of private practitioner to
the academic arena, I began to arbitrate and mediate a wide
variety of labor-management disputes in both the private
and public sector. I have been an arbitrator, mediator and
factfinder in more than 200 labor disputes since 1965 and I
have written opinions and awards in approximately 140
cases. I have ruled in favor of management in approximately 59% of the cases where the award was clearly in favor of
one side or the other and in approximately 54% of the
in toto.
I have served on permanent arbitration panels established
by the San Jose Mercury News and the San Jose Newspa
Guild, Local 98; the American Federation of Government
Employees and McCIellan Air Force Base; California State
Employees' Association and the California State University,
Communication Workers of America and Pacific Bell (earlier Pacific Telephone and Telegraph Company); Stokely-Van
Camp, Inc. and Cannery Warehousemen; Auto Specialties
Manufacturing Company and UAW Local 793.
A genuine highlight of my arbitral career was my role in
resolving baseball salary disputes in 1992 and 1993. Baseball
salary arbitrators are instructed to cdrtclude the cases expeditiously and I have done so. But I must confess to this
Committee that it has been my desire to hold these ci
forever, so fascinating is the statistical treasure trove of
evidence presented and the use to which it is put by the very
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skilled advocates for the parties, the Major League Player
Relations Committee and the Major League Baseball Players Association.
These arbitrations, along with my baseball journalism of
thiise past 7 years, have permitted me to obtain proximity to
both management and players of the team that I have
passionately supported since 1946, the Boston Red Sox.
Should the Senate confirm me, it would bring me within real
striking distance of Fenway Park — the beauteous ballpark
that I have adored since I was a sandlot youngster participating in family summer excursions to Dedham and listenin\i to the short wave radio that my father fixed up for me in
New Jersey so that I could hear first hand the feats of
Williams, Doerr, Pesky and Dominic Di Maggio and the
fans' reactions as an Eddie Pelligrini foul ball would climb
the screen behind homeplate.
In all industries—in baseball, automobile factories or high
tech Silicon Valley plants—certain principles remain constant in the arbitration process. Because an arbitrator is a
creature of the parties to the collective bargaining agreement, labor and management, the arbitrator must be careful
not to exceed the boundaries established in that contract by
the parties themselves. Above all else, the arbitrator must
be faithful to the intentions of the parties who have appointed him or her to interpret their agreement.
As the members of this Committee, you are familiar with
the fact that practically all arbitrations and mediations
result from labor and management voluntarily selecting a
third party neutral for the role which I have filled. The test
of success is the market. As the Committee members know
from correspondence sent to it by those who have represented both labor and management when appearing before me
as an arbitrator during the past quarter of a century, I have
been viewed by the parties—labor and management as
acceptable to both sides as a neutral in a wide variety of
industrial relations conflicts between labor and management. In only two instances that I am aware of have my
awards been challenged in the courts—two cases in which I
ruled in favor of an employer.
Wben I was invited to join the blue ribbon professional
arbitrators' association, the National Academy of Arbitrators, in 1970, at the age of 33, I was one of the youngest
arbitrators ever to join that group. My work at the Board in
the '60's. my role as an arbitrator and my immersion in
labor law for these past 30 years have all made me well
aware of the limitations defining the role of a Board
member.
My work as Chairman of the Board will be of a quasijudicial nature and will involve me as an impartial—the
same role that I have played as an arbitrator-to resolve
conflicts arising under that statute in a fair and even-handed
manner within the limits of the law established by Congress.
In the past, I have written a number of books and articles
for professional journals, periodicals and newspapers, extensively expressing my views on the shape that labor policy
should take if Congress should amend the National Labor
Relations Act or other sUtutes. If confirmed by the Senate
as one of five voting members, in my new role, my charge is
to interpret existing law. The critical difference between
Professor Gould and Chairman Gould is that in the latter
capacity, my responsibility as one of five decisionmakers is
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concerned solely with the interpretation of the law as it is
presently written.
More than a quarter of a century of arbitral experience
makes me familiar and comfortable with the distinction
between the role of law reform proponent, on the one hand
(the role of the professor) and a neutral finder of fact and
applier of existing law, on the other, the role of the Chairman of the National Labor Relations Board and its other
Members-the latter being more akin to the arbitral
process.
Both as an arbitrator and as Chairman tf the Board, my
role is to decide cases based upon the facts and relevant law.
In neither capacity is the fashioning of legislation part of the
job description. That is the appropriate role for Congress.
As Chairman, I plan to reach out to both sides evenhandedly and to consult with labor and management representatives about a wide variety of procedural matters so that
the Board may serve the public interest more effectively.
If I am confirmed by the Senate, I will have a number of
priorities as Chairman. The first is to make the Board a
more efficient administrative agency and to expedite both
the representation and unfair labor practice case handling
process. I shall consider the use of firm timetables and shall
attempt to lead by example and encourage Board members
to spend the overwhelming portion of their time in Washington, D.C. at work on the business at hand. I believe that my
Chairmanship will usher in an environment of collegiality
and civility in which respect for the views of one another
and the values of hard work are both promoted.
A second priority will be informal dispute resolution. The
Board has always had a very good rate of informal settlement or conciliation of cases as a general proposition—but
the success of the Board has been substantially limited to
the time period prior to the issuance of a complaint by the
General Counsel in an administrative unfair labor practice
proceeding. I would like to see more effective discovery and
settlement efforts by the Administrative Law Judges subsequent to the issuance of a complaint—the ALJ's being
directly responsive to the Board side. I plan to initiate
discussions to this end with other Board members as well as
the Chief Administrative Law Judge immediately after may
confirmation. An increase in the rate of settlement once the
case is before the Administrative Law Judge could be a
factor in reducing delay in the case handling process.
If confirmed by the Senate, a third objective would be to
continue with the difficult task of assuring that the Board's
credibility in the courts and with the public is the very best
possible. My overriding objective during the coming five
years is to eliminate or substantially diminish polarization
and to make the Board into an agency which has the full
confidence of both labor and management, the federal judiciary, as well as the general public.
The Board, like arbitrators, must be perceived to be
impartial and neutral. I shall bring to bear the skills that I
have employed during the past quarter of a century as a
third party neutral in arbitration, mediation and fact-finding. In this connection, although I am only one of five, I shall
attempt to lead the way in achieving as much unanimity as
possible.
Senator Kennedy and members of the Committee, I welcome your questions, comments and advice today. I look
forward to working with you in the future. «-
End of Text
End of Section
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RAUDABAUGH FAULTS CRITICS OF GOULD
NOMINATION, NLRB SPEED, EFFECTIVENESS
•
CHICAGO—Out-going National Labor Relations Board member John Raudabaugh Oct. 29
idiculed the "sky-is-falling" fears expressed by Senate Republicans over the nomination of
'Stanford University law professor William Gould for the chairmanship of the labor board.
Gould would make a fine and objective NLRB chairman, despite fears from conservatives
that he would somehow radicalize the state of American labor relations, according to Raudabaugh, who was appointed by former President George Bush.
"I'm convinced that Bill Gould will be approved by the Senate," he said during a speech
before the American Bar Association's Basic Labor and Employment Law seminar. "I think he
is going to be a great chairman."
The Senate Labor and Human Resources Committee voted to support Gould's nomination
10 to five on Oct. 20, with the vote split along party lines, as Republicans expressed concern
about Gould's books and articles.
But Raudabaugh supported Gould, saying he was simply doing what academics do bestwriting and theorizing about structural changes that might improve the state of labor relations .
Raudabaugh also expressed support for Margaret Browning, a Philadelphia attorney who
has represented unions in labor elations cases, for one of two other NLRB openings. Raudabaugh said he has complained for several years that no union attorneys were represented on
the board and predicted that Browning would be a good addition.
He said the board is anxiously waiting for President Clinton to nominate someone to fill
the final opening on the five-member board. Those being considered for the position, he said,
include Eric Schmertz, former Hofstra University Law School dean; Sharon Prost, minority
chief counsel for the Senate Judiciary Committee; and Mary Harrington, director of labor relations for Eastman Kodak Co.
Criticism Of NLRB Critics
Raudabaugh, who will leave his NLRB post at the end of the year, also lashed out at union
leaders and corporate attorneys who have criticized the NLRB for being slow, inefficient, and
politicized. Neither side of the labor relations world understood the mission and responsibilities of the NLRB, he said.
"I'm going to wait until you give up your law practices and your fancy cars and your car
phones while you serve your country for a few years and then I'll listen to your flip remarks
about the NLRB," Raudabaugh told the 40 attorneys at the conference.
Most criticisms of the board for being slow are simply untrue, he said, noting that the
median time for disposing of a charge is 60 days. He acknowledged that some NLRB cases take
several years to litigate, but he insisted that the number is minuscule.
Raudabaugh also said charges from the corporate world that the NLRB was too liberal
and charges from union leaders that the board was pro-business were both "outrageous."
He insisted that the process that brings cases before the board is fair and noted that in 93
percent of all the cases reviewed in 1992, the board either adopted an administrative law
judge's decision or adopted it with minor modifications. Only five percent of those cases resulting in a reversal. He also noted that 96 percent of all decisions are done on a unanimous
basis.
r
"How could we be a pro-somebody or pro-something board? It's time for that sort of
rhetoric to stop," he said.
Raudabaugh said he foresees the board tackling difficult questions in the coming years,
including another look at policing union elections and questions surrounding impasses to goodCopyright © 1993 by THE BUREAU OF NATIONAL AFFAIRS, INC., Washington, D.C. 20037
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This circuit generally requires age bias plaintiffs to show they were replaced by someone under 40, the Sixth Circuit said. In this case, brought by a United Auto Workers employee
against the union, the plaintiff was replaced by a 44-year-old.
The U.S. District Court for the Eastern District of Michigan had summarily dismissed
the age bias lawsuit because the plaintiff had been replaced by a member of the "protected
class" under the Age Discrimination in Employment Act—employees over 40 years old. Under
Sixth Circuit precedent, age bias claimants may not proceed unless they have been replaced by
someone who is not a member of this protected group, the district court said.
That is the rule for prima facie cases of employment discrimination where the employer
can offer rebuttal evidence, the Sixth Circuit said. But it does not apply here where the employee presented direct evidence of age bias. Judge Leroy J. Contie Jr. said. The employee's
supervisor made numerous comments about how he wanted to "get the older employees out"
and how they should "get their ass out of here," the court said.
The employee, Leo LaPointe, had worked for Ford Motor Co.'s parts depot since 1967.
He was also a member of Local 600 of the UAW. In 1988, the union president for the parts depot bargaining unit, Doug Thompson, recommended that LaPointe be named the bargaining
unit's health and safety representative. The health and safety representative was a union position.
LaPointe was 49 when he took the position. He also continued as a Ford employee. LaPointe
alleged that soon after he took the position, Thompson began to ridicule and harass him about his
age. He charged that Thompson disparaged workers with long service, said they should let
"younger guys" have a chance, and encouraged his friends to harass LaPointe. LaPointe took
early retirement from Ford in November 1989. He was replaced by a 44-year-old.
LaPointe filed charges against Local 600 under the ADEA, alleging that the union's harassment forced him to retire from Ford. The district court dismissed the charges, finding
that he failed to make a prima facie case of age discrimination. A prima facie case means that
the complaint is legally sufficient, unless disproved by rebuttal evidence.
LaPointe has failed to establish a prima facie case of age discrimination, the Sixth Circuit said. But it is not necessary for him to establish a prima facie case under these circumstances because of the direct evidence of age discrimination, the Sixth Circuit said. Direct
evidence of discrimination allows a plaintiff to proceed without meeting the requirements of a
prima facie case, it said.
It is relevant that Thompson recommended LaPointe for appointment when he was 49, the
court said. But that fact does not rebut the presumption of age discrimination, the court said.
The court added that federal labor law does not preempt the ADEA claim. Employees
have a right to be free of discrimination regardless of the existence of a collective bargaining
agreement, it said.
The district court wrongly dismissed the ADEA charges, the court concluded, remanding the case for further proceedings.
Judge H. Ted Milbum Jr. joined in the opinion.
Judge Alice Batchelder dissented, saying that the case should have been dismissed because LaPointe was not constructively discharged from his employment with Ford. There is
some evidence of age discrimination, but all the alleged harassment and bullying was aimed at
getting LaPointe out of his union position, she said. LaPointe could have gone back to his job at
Ford, she maintained. He did not produce any evidence that he was forced to leave Ford, she
concluded.
- 0-
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faith bargaining. He is also urging the board to take up many of the confusing labor issues associated with the contingent work force.
- 0JAPANESE AUTOWORKERS FACE TWO-DAY LAYOFFS
IN NOVEMBER AT BOTH MAZDA, NISSAN PLANTS
TOKYO—In the most radical action in nearly 20 years, two of Japan's automakers, reeling from tumbling auto sales, next month will put assembly line and other workers on two-day
temporary layoffs. The automakers also are negotiating with labor to cut year-end bonuses.
Mazda Motor Corp. of Hiroshima, a Ford Motor Co. affiliate, will "give extra holidays" to its 25,000 employees, excluding those in distribution and maintenance, for two days
on Nov. 22 and Nov. 29, a Mazda spokesman said Oct. 28.
Nissan Motor Co., Japan's No. 2 automaker, will put 2,100 of its 6,500 assembly line
workers at its Tochigi plant on temporary layoffs on Nov. 19 and Nov. 26, a company spokesman said. Nissan also will order workers at Tochigi and other plants to take two to three days
off in December and work three extra days in February and March, he said.
This is the first time since 1974 that Nissan will enforce a temporary layoff, and for
Mazda it is the first time since 1975. Other automakers are considering following the lead,
with a Toyota Motor Corp. official admitting to "a possibility [of implementing a few days of
layoff] by year-end."
U.S. auto industry analyst Maryann Keller said at an Oct. 22 news conference that the
Japanese auto industry has a surplus production capacity of as much as 30 percent and that it
has lost its cost competitive edge to the United States.
For now, Mazda has "no plans to continue" the program after November, the spokesman
said. "It is still too early to tell whether the recession will worsen further next year and the
dollar will remain at current levels," he said.
Mazda is negotiating with its labor union on whether to seek government employment
subsidies for the 25,000 workers, the spokesman said. The company already has been awarded by the Ministry of Labor an entitlement to apply for the program. If the firm applies for the
program, the workers will be paid 90 percent of their current salaries.
Nissan, which also was given approval for the program, already requested subsidies.
A Toyota source said the company and its labor unions Oct. 28 began negotiating this
year-end's bonus payment cuts and other labor-related concessions.
- 0ELIMINATING AGE-WEIGHTED PLANS WOULD HIT
BOTH LARGE, SMALL FIRMS, IRS OFFICIAL SAYS
DALLAS—Although the administration's proposal to eliminate profit-sharing plans that
provide higher benefits to older, top management employees is primarily aimed at smaller
companies, some larger companies would also be the unintentional targets of the proposal, an
Internal Revenue Service official said Oct. 29.
Several large companies have told the Treasury Department they have legitimate easons for having such profit-sharing plans and that they should not be swept up in the proposed
regulations, according to Richard Wickersham, technical adviser to the director of IRS' Employee Plans Technical and Actuarial Division.
Those companies also have told IRS their plans were established many years ago and involve large amounts of money, Wickersham said. He spoke at the annual IRS Southwest Region
Employee Benefits Conference for Practitioners and Plan Sponsors, held Oct. 28-29.
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Copyright
November
1
9 STORIES
1993 The Times M i r r o r Company
Los Angeles Times
30,
1993,
Tuesday, Home E d i t i o n
SECTION: M e t r o ; P a r t B; Page 7; Column 1; Metro Desk
LENGTH: 763
words
HEADLINE: COLUMN LEFT/ VICTOR KAMBER: GOP'S IDEA OF 'BALANCE' IS OUT OF ORWELL;
CLINTON'S MODERATE NLRB NOMINEE RUNS AFOUL OF RIGHT-WING REPUBLICANS.
BYLINE: By VICTOR KAMBER, V i c t o r Kamber i s p r e s i d e n t of t h e Kamber Group,
America's o n l y f u l l y u n i o n i z e d f u l l - s e r v i c e communications c o n s u l t i n g and
public-relations firm.
BODY:
Once a g a i n , an A f r i c a n American nominee w i t h an impeccable r e c o r d as a
s c h o l a r i s b e i n g m a l i c i o u s l y a t t a c k e d by Republicans i n t h e Senate.
I t sounds a l l t o o f a m i l i a r . Only t h e name has changed. Today, i t ' s W i l l i a m B.
Gould IV, t h e S t a n f o r d Law School p r o f e s s o r who has been named t o c h a i r the
N a t i o n a l Labor R e l a t i o n s Board.
Last week, because o f GOP o b s t r u c t i o n , t h e Senate postponed c o n s i d e r a t i o n of
Gould's n o m i n a t i o n u n t i l next year.
T h i s i s y e t a n o t h e r case of Republicans — a c t i n g a t t h e behest of t h e i r
C i a l - i n t e r e s t b e n e f a c t o r s — t h r o w i n g t h e Senate i n t o g r i d l o c k and going
ond t h e bounds o f reasonable o p p o s i t i o n b e h a v i o r t o p r e v e n t t h e P r e s i d e n t
•
from making needed changes i n government.
Between 1981 and 1993, P r e s i d e n t s Reagan and Bush stacked t h e NLRB w i t h
unabashedly a n t i - l a b o r members. Reagan's f i r s t nominee f o r NLRB chairman was a
p r o f e s s i o n a l u n i o n - b u s t e r h i r e d by companies t o keep unions o u t . Reagan's second
nominee r e v e a l e d t h a t he opposed c o l l e c t i v e b a r g a i n i n g because i t somehow
v i o l a t e d a t e n e t o f t h e f r e e market. The
NLRB went from a n e u t r a l a r b i t e r of
labor-management d i s p u t e s t o b e i n g an a l l - o u t advocate f o r management.
C l i n t o n pledged t o r e s t o r e balance t o t h e NLRB. I n h i s d i s t i n g u i s h e d
c a r e e r , Gould has served as an a r b i t r a t o r f o r n e a r l y t h r e e decades, m e d i a t i n g
more t h a n 200 d i s p u t e s between l a b o r and management. Of about 140 cases i n which
he i s s u e d r u l i n g s , he s i d e d w i t h management r o u g h l y 54% of t h e t i m e . I f t h a t ' s
not balance, I don't know what i s .
I n a t w i s t o f language t h a t would make George O r w e l l proud, f i v e GOP
s e n a t o r s , l e d by Nancy Kassebaum o f Kansas, used a d j e c t i v e s such as " r a d i c a l " i n
a l e t t e r opposing Gould. I suppose i f you're used t o management g e t t i n g i t s way
every t i m e , t h e n balance i s a r a d i c a l concept.
What R e p u b l i c a n s are u s i n g as a ruse t o b l o c k Gould's n o m i n a t i o n are a few
o u t - o f - c o n t e x t q u o t a t i o n s from a book i n which t h e nominee r a i s e s some s e n s i b l e
and w h o l l y l e g i t i m a t e q u e s t i o n s about c u r r e n t l a b o r law. For example, Gould
suggests t h a t i f a m a j o r i t y of workers a t a j o b s i t e s i g n u n i o n c a r d s , t h a t
.ould be s u f f i c i e n t t o win t h e r i g h t t o b a r g a i n c o l l e c t i v e l y w i t h t h e i r
�PAGE
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Los Angeles Times, November 30, 199 3
employer — a p r o v i s i o n
c o m p e t i t o r s . Gould a l s o
lacement o f s t r i k e r s ,
'eatened GOP g r i d l o c k
on t h e lawbooks o f v i r t u a l l y a l l o f o u r major f o r e i g n
notes h i s s u p p o r t f o r l e g i s l a t i o n t o ban t h e permanent
something t h a t would be law today i f n o t f o r a
by f i l i b u s t e r .
These a r e s u g g e s t i o n s s u p p o r t e d by many r e p u t a b l e s c h o l a r s and former
s e c r e t a r i e s o f l a b o r o f v a r y i n g p o l i t i c a l s t r i p e s . Republicans may d i s a g r e e , bu
i f t h e y c o n s i d e r t h i s r a d i c a l , t h e n t h e y must view t h e e n t i r e concept o f t h e
r i g h t o f workers t o o r g a n i z e and b a r g a i n c o l l e c t i v e l y w i t h t h e i r employers as
revolutionary.
Eiesides, Gould made c r y s t a l c l e a r a t h i s Senate c o n f i r m a t i o n h e a r i n g i n
October t h a t he w i l l be "concerned s o l e l y w i t h t h e i n t e r p r e t a t i o n o f t h e law as
i t i s p r e s e n t l y w r i t t e n . . . t h e f a s h i o n i n g o f l e g i s l a t i o n ( i s n o t ) p a r t o f th
job d e s c r i p t i o n . That i s t h e a p p r o p r i a t e r o l e f o r Congress."
Gould's r e c o r d as an a r b i t r a t o r c e r t a i n l y p r o v i d e s impeccable evidence o f h i
a b i l i t y t o p l a y an i m p a r t i a l and n e u t r a l r o l e r e g a r d l e s s o f h i s p e r s o n a l views.
Beyond t h i s , anyone who s t i l l argues t h a t Gould would be i n l a b o r ' s pocket i s
either ignorant of h i s record or disingenuously peddling a right-wing,
a n t i - w o r k e r agenda. E a r l y i n h i s c a r e e r , he made a name by w r i t i n g about t h e
d i f f i c u l t i e s A f r i c a n American workers f a c e d i n u n i o n s c o n t r o l l e d by w h i t e s ,
which d i d n o t endear h i m s e l f t o many l a b o r l e a d e r s a t t h e t i m e . More r e c e n t l y ,
he has s u p p o r t e d labor-management committees, a p o s i t i o n o f some c o n t r o v e r s y
w i t h i n many u n i o n s . Gould t o l d t h e Senate, "Workers ought t o know more about the
way i n which t h e b u s i n e s s t h e y ' r e employed i n o p e r a t e s . That's t h e o n l y way we
have good, c o n s t r u c t i v e r e l a t i o n s h i p s and . . . t h e b e s t way t h a t American
u s t r y can be c o m p e t i t i v e . "
Gould s a i d h i s t o p p r i o r i t y would be t o e x p e d i t e cases which t o d a y drag on
f o r e v e r . Other p r i o r i t i e s i n c l u d e expanding i n f o r m a l d i s p u t e - r e s o l u t i o n methods
and r e d u c i n g board p o l a r i z a t i o n . T h i s i s r a d i c a l ?
The q u e s t i o n now i s , what w i l l C l i n t o n do? W i l l he l e t Gould d a n g l e i n t h e
face o f i r r e s p o n s i b l e r i g h t - w i n g a t t a c k s , o r w i l l he o f f e r a r i n g i n g defense, as
he d i d f o r Surgeon General J o y c e l y n Elders?
By s t r o n g l y b a c k i n g Gould, t h e P r e s i d e n t w i l l ensure Senate c o n f i r m a t i o n and
h e l p mend post-NAFTA fences w i t h l a b o r a t t h e same t i m e . Most i m p o r t a n t , C l i n t o r
w i l l do t h e r i g h t t h i n g by a man who deserves n o t h i n g l e s s .
LANGUAGE: ENGLISH
LOAD-DATE-MDC: December 1, 1993
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Inc.,DAILY
LABOR REPORT
NOVEMBER
1993
22,
1993
DLR 223 d26
LENGTH: 883 words
SECTION: INTERVIEW.
TITLE: BUDGET CUTS, STAFFING RESTRAINTS TO DICTATE DAILY OPERATIONS AT LABOR
BOARD, HUNTER SAYS.
TEXT:
C i t i n g c u t s i n s t a f f i n g and budget under both t h e C l i n t o n and Bush
a d m i n i s t r a t i o n s , o u t g o i n g N a t i o n a l Labor R e l a t i o n s Board General Counsel J e r r y
M. Hunter p r e d i c t e d t h a t whoever i s a p p o i n t e d t o r u n t h e agency w i l l be under a
" g r e a t d e a l o f p r e s s u r e . . . t o do more w i t h l e s s . "
As soon as t h e C l i n t o n a d m i n i s t r a t i o n took over, government agencies
i n c l u d i n g NLRB were t a r g e t e d f o r s t a f f c u t s . NLRB s t a f f must be reduced from
2,140 t o 2,054 between 1993 and 1995, i n a d d i t i o n t o c u t s o f 14 p e r c e n t i n
t r a v e l , p r i n t i n g , and s u p p l i e s .
I n t e r v i e w e d Nov. 18 a t t h e agency's new headquarters--one week b e f o r e h i s
term e x p i r e s Nov. 27--Hunter lamented, " I don't know how t h e agency i s going t o
a b l e t o c a r r y o u t i t s m i s s i o n as we have been a b l e t o do i t [ i n t h e p a s t ] . "
•
r
Hunter warned t h a t cutbacks j e o p a r d i z e t h e agency's i n t e r n a l t i m e
t a r g e t s — i n v e s t i g a t i n g cases w i t h i n 30 days and i s s u i n g c o m p l a i n t s w i t h i n 45
days.. " I don't know how t h e r e g i o n s w i l l c o n t i n u e t o do t h e j o b , " he s a i d . "That
w i l l be a c h a l l e n g e f o r my successor."
Reviewing t h e h i g h l i g h t s o f h i s term, t h e g e n e r a l counsel s a i d t h a t h i s
o f f i c e a t t e m p t e d t o p r o v i d e " s w i f t j u s t i c e w i t h o u t t h e need t o expend i n o r d i n a t e
r e s o u r c e s . " A p a r t i c u l a r success, he s a i d , i s t h e s e t t l e m e n t program i n which
most cases a r e r e s o l v e d w i t h o u t r e a c h i n g t h e five-member board. I n f i s c a l year
1992, 94.3 p e r c e n t o f a l l m e r i t o r i o u s cases were s e t t l e d , a c c o r d i n g t o agency
s t a t i s t i c s . F i g u r e s f o r FY '93 w i l l be c l o s e t o t h e 93 p e r c e n t o r 94 p e r c e n t
mark.
Hunter added t h a t t h e agency has sought t o do away w i t h needless l i t i g a t i o n
and needless h e a r i n g s , and t o d i s c o u r a g e t h e f i l i n g o f f r i v o l o u s u n f a i r p r a c t i c e
charges t h r o u g h t h e i n f o r m a t i o n o f f i c e r program. Under t h i s system, an
e x p e r i e n c e d agent f i e l d s i n i t i a l q u e r i e s from those who c o n t a c t t h e agency.
Questioned about t h e changes t h e board w i l l e x p e r i e n c e under new l e a d e r s h i p ,
Hunter s a i d i t i s u n l i k e l y t h a t t h e next g e n e r a l counsel w i l l "march i n
l o c k s t e p " w i t h t h e C l i n t o n - a p p o i n t e d board. " I t ' s my b e l i e f . . . anyone
schooled i n l a b o r law w i l l see immediately what h i s r e s p o n s i b i l i t y i s under t h e
s t a t u t e . " He e x p l a i n e d t h a t t h e g e n e r a l counsel i s o b l i g e d t o p r e s e n t t o t h e
board c e r t a i n cases t h a t do n o t n e c e s s a r i l y c o i n c i d e w i t h h i s o r her own views.
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«
Hunter s a i d t h a t a new g e n e r a l counsel i n c l i n e d t o make d e c i s i o n s based on
^ i t i c a l m o t i v e s would s i m p l y cause t h e c o u r t s t o be l e s s i n c l i n e d t o d e f e r t o
W agency's e x p e r t i s e , and t o honor t h e g e n e r a l c o u n s e l ' s u n r e v i e w a b l e
s c r e t i o n . C i t i n g t h e r o l e o f t h e g e n e r a l c o u n s e l as "gatekeeper," he s a i d t h a t
t h e system w i l l break down i f someone r e f u s e s t o i s s u e a c o m p l a i n t
n o t w i t h s t a n d i n g t h e e x i s t e n c e o f a v i o l a t i o n . "The system has worked v e r y w e l l , "
he s a i d , p r e d i c t i n g t h a t , a t l e a s t from an a d m i n i s t r a t i v e v i e w p o i n t , t h e way the
system o p e r a t e s w i l l not change under t h e C l i n t o n board.
Asked whether t h e b u s i n e s s community i s j u s t i f i e d i n f e a r i n g a r a d i c a l
t u r n a b o u t a t t h e agency, Hunter s a i d i t i s i n e v i t a b l e t h a t P r e s i d e n t C l i n t o n
w i l l s e l e c t a p p o i n t e e s who r e f l e c t h i s p h i l o s o p h y and who r e f l e c t t h e i n f l u e n c e
of o r g a n i z e d l a b o r as one o f t h e c o n s t i t u e n t groups o f t h e Democratic p a r t y .
He d e s c r i b e d t h e new board as l i k e l y t o be more a c t i v i s t , b u t s a i d S t a n f o r d
P r o f e s s o r W i l l i a m Gould
i s " e m i n e n t l y q u a l i f i e d " and u n i o n a t t o r n e y Margaret
Browning has t h e p r o p e r "background and c r e d e n t i a l s . " Gould
i s a w a i t i n g Senate
c o n f i r m a t i o n t o be t h e n e x t board chairman, and Browning has been nominated t o
be a board member.
Questioned on t h e tendency o f new a p p o i n t e e s t o be "sucked i n t o t h e
bureaucracy," Hunter opined t h a t t o f u l f i l l one's o a t h and e n f o r c e t h e law, t h e
new member soon l e a r n s he i s bound by precedent i n much t h e same way as a new
j u s t i c e o f t h e U.S. Supreme C o u r t . L i m i t s e x i s t by v i r t u e o f p r e c e d e n t and t h e
r o l e o f t h e c o u r t , he s a i d . As an example, he c i t e d t h e board's E l e c t r o m a t i o n
r u l i n g d e a l i n g w i t h employee i n v o l v e m e n t committees and u n f a i r i n f l u e n c e by
management (244 DLR AA-1, E - l , 12/18/92). He n o t e d t h a t t h e c o m p l a i n t was
pending i n t h e I n d i a n a p o l i s r e g i o n when he t o o k over t h e g e n e r a l counsel's
i c e , and t h a t he f e l t o b l i g a t e d t o c a r r y i t f o r w a r d . The case may n o t have
h t h e b e s t v e h i c l e f o r t h e agency t o announce broad new d o c t r i n e , he
nowledged, n o t i n g t h a t t h e f a c t s c l e a r l y p r e s e n t e d a v i o l a t i o n , even though
•
the members c o u l d n o t agree on a r a t i o n a l e .
Hunter remarked t h a t t h e c o u r t s would l i k e l y be f l o o d e d w i t h l a b o r r e l a t i o n s
cases i f Congress tampered w i t h t h e gatekeeper f u n c t i o n o f t h e g e n e r a l counsel
and p e r m i t t e d d i r e c t access t o t h e c o u r t s by t h o s e who c u r r e n t l y must ask t h e
agency t o t a k e a c t i o n . The a l t e r n a t i v e , he s a i d , i s t h e c u r r e n t system a f f e c t i n g
f a i r employment m a t t e r s . N o t i n g t h a t t h e Equal Employment O p p o r t u n i t y Commission
has no s i m i l a r mechanism t o t h a t o f t h e g e n e r a l c o u n s e l , he s a i d t h a t an
i n o r d i n a t e number o f EEO c o m p l a i n t s t h r e a t e n t o swamp t h e f e d e r a l c o u r t s .
The NLRB system "works p r e t t y w e l l , " he s a i d , c i t i n g s t a t i s t i c s f o r FY '91
and FY '92 t h a t t h e five-member board r e c e i v e d o n l y 2.7 p e r c e n t t o 3 p e r c e n t o f
the cases f i l e d w i t h t h e agency. Adding t h a t t h e d r a f t e r s o f t h e s t a t u t e should
be commended f o r p r o d u c i n g a system t h a t i s b a l a n c e d , he s a i d he would " t h i n k
long and h a r d " b e f o r e changing i t .
LANGUAGE: ENGLISH
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LABOR REPORT
NOVEMBER
17, 1993
1993 DLR 220 d l 3
LENGTH: 1381 words
SECTION: CURRENT DEVELOPMENTS.
TITLE: EEOC CHARGES ON ADA VIOLATIONS MOUNTING RAPIDLY, OFFICIAL SAYS.
TEXT:
CHICAGO—Charges f i l e d a g a i n s t employers f o r a l l e g e d v i o l a t i o n s o f t h e
Americans W i t h D i s a b i l i t i e s Act are mounting q u i c k l y and w i l l l i k e l y a c c e l e r a t e
i n t h e near f u t u r e , an o f f i c i a l w i t h t h e Equal Employment O p p o r t u n i t y Commission
s a i d Nov. 16.
David Fram, p o l i c y a t t o r n e y f o r EEOC, s a i d t h a t by t h e end o f September, t h e
commission had f i l e d 16,050 charges had been f i l e d under t h e ADA. A f t e r the law
took e f f e c t on J u l y 26, 1992, t h e number o f charges b e i n g i s s u e d i n c r e a s e d
r a p i d l y from 250 per month t o r o u g h l y 1,000 per month by t h e end o f t h e year.
More r e c e n t l y , EEOC has been i s s u i n g charges a t a r a t e o f 1,700 per month, From
said.
"By n e x t year t h e number w i l l have grown; i t i s n ' t g o i n g t o decrease," Fram
^d d u r i n g t h e N a t i o n a l Employment Law I n s t i t u t e ' s annual c o n f e r e n c e . " e w i l l
W
iy see more and more charges."
0'
Fram s a i d t h a t 49 p e r c e n t o f t h e ADA charges have t o do w i t h w r o n g f u l
d i s c h a r g e s o f d i s a b l e d w o r k e r s . Of t h e r e m a i n i n g charges, 22.7 p e r c e n t a l l e g e d
t h a t employers f a i l e d t o r e a s o n a b l y accommodate a d i s a b l e d person, 13 p e r c e n t
i n v o l v e d - r e f u s a l t o h i r e a d i s a b l e d person i n v i o l a t i o n o f t h e ADA, and 9.9
p e r c e n t o f t h e cases i n v o l v e d d i s a b l e d workers who c l a i m e d they were harassed on
the j o b .
Fram s a i d t h a t t h e l a r g e s t c l a s s o f d i s a b l e d workers f i l i n g charges through
the EEOC a r e t h o s e s u f f e r i n g from some t y p e o f back problem. He s a i d such
workers f i l e d 20 p e r c e n t o f a l l charges. Ten p e r c e n t o f t h e charges i n v o l v e d
people w i t h m e n t a l d i s a b i l i t i e s .
EEOC s t a t i s t i c s show t h a t d i s a b i l i t y charges are b e i n g s e t t l e d a t a much
h i g h e r r a t e t h a n o t h e r t y p e s o f d i s c r i m i n a t i o n charges f i l e d by t h e EEOC, Fram
s a i d . I n 24.1 p e r c e n t o f ADA cases, t h e d i s p u t e was e i t h e r s e t t l e d o r withdrawn
w h i l e o n l y 14.1 p e r c e n t o f a l l o t h e r EEOC charges were r e s o l v e d i n t h i s f a s h i o n .
Fram s a i d t h e EEOC i s s t i l l i n t h e process o f i s s u i n g guidance f o r l a b o r
a t t o r n e y s and human r e s o u r c e p r o f e s s i o n a l s on compliance w i t h t h e ADA. He
p o i n t e d t o t h e i n t e r i m i n s u r a n c e p o l i c y guidance issued t h i s p a s t summer and
s a i d t h a t f i n a l guidance w i l l be coming out s h o r t l y .
The commission i s a l s o w o r k i n g on enforcement guidance, Fram s a i d . Among
o t h e r i s s u e s , t h e guidance w i l l e x p l a i n what t y p e s o f q u e s t i o n s may be asked o f
s p e c t i v e employees w i t h d i s a b i l i t i e s . W h i l e t h e enforcement guidance i s a
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DAILY LABOR REPORT, NOVEMBER 17, 1993
top p r i o r i t y
f o r EEOC, Fram c o u l d not p r e d i c t when t h e r u l e s would be issued.
i t i m a c y Of Charges Challenged
G l o r i a P o r t e l a , an a t t o r n e y w i t h Pope, B a l l a r d , Shepard & Fowle i n Chicago,
q u e s t i o n e d t h e l e g i t i m a c y o f many o f t h e ADA charges coming out o f t h e EEOC. She
warned a t t o r n e y s r e p r e s e n t i n g employers t o look c l o s e l y a t t h e d i s a b i l i t i e s
being c l a i m e d i n t h e charges and noted t h a t " o p p o r t u n i s t s " are l o o k i n g a t the
ADA as an avenue f o r c o l l e c t i n g p a y o f f s from t h e i r employers.
P o r t e l a was c r i t i c a l o f the way EEOC and s t a t e human r e l a t i o n s agencies a r e
p r o c e s s i n g ADA charges, s a y i n g they o f t e n f a i l t o v e r i f y whether t h e c l a i m a n t
has a l e g i t i m a t e d i s a b i l i t y .
" I don't b e l i e v e the i n t a k e f o l k s a t t h e EEOC are doing a n y t h i n g but
a c c e p t i n g t h e idea t h a t a person has a d i s a b i l i t y , " P o r t e l a s a i d . " I t i s up t o
you t o r e a l l y do the i n v e s t i g a t i o n s and ask t h e q u e s t i o n s . "
C o r p o r a t e a t t o r n e y s a l s o were t o l d t o t a k e n o t e o f r e c e n t developments i n
sexual harassment cases.
Sexual Harassment R u l i n g
Discussed
Dennis Morikawa, an a t t o r n e y w i t h Morgan, Lewis & Bockius, P h i l a d e l p h i a , s a i d
employers need t o t a k e note o f t h e U.S. Supreme Court's Nov. 9 d e c i s i o n i n
H a r r i s v. F o r k l i f t Systems I n c . (216 DLR A A - 1 ,
11/9/93) and t a k e a c t i o n t o
a v o i d l i a b i l i t y i n sexual harassment a c t i o n s .
He s a i d t h e r u l i n g w i l l make sexual harassment c l a i m s e a s i e r t o prove f o r
i n t i f f s because i t c r e a t e s c l e a r g u i d e l i n e s f o r d e t e r m i n i n g whether a
•
" h o s t i l e work environment" has been e s t a b l i s h e d .
Morikawa warned t h a t sexual harassment s u i t s g e n e r a l l y are not f r i v o l o u s and
noted t h a t a r e c e n t survey found t h a t 70 p e r c e n t o f j u r o r s i n v o l v e d i n sexual
harassment cases f e l t t h a t t h e d e f e n d a n t s were g u i l t y w i t h o u t even h e a r i n g the
case.. I n l i g h t o f t h i s p r e s u m p t i o n o f g u i l t , he encouraged employers t o develop
simple but comprehensive sexual harassment p o l i c i e s which are s p e c i f i c t o t h e i r
o p e r a t i o n s . Moreover, he s a i d employers must c i r c u l a t e the p o l i c y w i d e l y and
demonstrate t h a t i t i s a p r i o r i t y o f t o p c o r p o r a t e management.
"These p o l i c i e s are very i m p o r t a n t , " he s a i d . "The purpose i s t o n i p claims
i n the bud and t o achieve a l a r g e degree o f damage c o n t r o l f o r t h e employer."
Outlook For Labor Law
D e s p i t e t h e C l i n t o n a d m i n i s t r a t i o n ' s cozy r e l a t i o n s h i p w i t h o r g a n i z e d l a b o r ,
c o n g r e s s i o n a l o p p o s i t i o n t o changes i n l a b o r law and c u r r e n t case law w i l l
p r e v e n t any major changes i n l a b o r r e l a t i o n s law i n t h e coming years, a l a b o r
a t t o r n e y s a i d d u r i n g a Nov. 15 conference s e s s i o n .
Andrew Kramer, a t t o r n e y w i t h Jones, Day, Reavis & Pogue i n C l e v e l a n d , s a i d
s t r i k e r replacement l e g i s l a t i o n and r e v i s i o n s t o t h e N a t i o n a l
Labor
Relations
Act have l i t t l e chance o f l e g i s l a t i v e success i n t h e near f u t u r e . And, d e s p i t e
P r e s i d e n t C l i n t o n ' s appointment o f S t a n f o r d U n i v e r s i t y law p r o f e s s o r
William
uld
t o c h a i r the National
Labor R e l a t i o n s Board, t h e r e w i l l be no major
�PAGE
5
DAILY LABOR REPORT, NOVEMBER 17, 1993
s h i f t i n t h e p e r s p e c t i v e o f t h e board.
P"We w i l l see no major b i t s o f l a b o r law l e g i s l a t i o n over t h e next t h r e e
ars," Kramer s a i d a t t h e employment law i n s t i t u t e c o n f e r e n c e . "The odds of
g e t t i n g t h e Senate t o pass t h e s t r i k e r replacement b i l l a r e f a r l e s s l i k e l y than
when i t f a i l e d l a s t t i m e . "
f
Kramer suggested t h a t l a b o r a t t o r n e y s would be more l i k e l y t o see s u b t l e
massaging o f c u r r e n t law i n a few d i f f i c u l t areas.
The concept o f " c o n c e r t e d a c t i v i t i e s " p r o b a b l y w i l l n o t be broadened by t h e
NLRB, a l t h o u g h Gould
has expressed d i s s a t i s f a c t i o n w i t h r e c e n t r u l i n g s on t h e
i s s u e , Kramer s a i d . He noted t h a t Gould would be i n t e r e s t e d i n s e e i n g t h e
d e c i s i o n o f t h e U.S. Court o f Appeals f o r t h e F i f t h C i r c u i t i n Lechmere v. NLRB
o v e r t u r n e d , t o a l l o w f o r w i d e r and f r e e r s o l i c i t a t i o n o f work s i t e s by
non-employees.
However, Kramer p r e d i c t e d t h a t t h e NLRB would be powerless t o a c t on t h e
i s s u e , l e a v i n g l e g i s l a t i o n t h e o n l y o p t i o n f o r changing t h e s i t u a t i o n . He
advised a t t o r n e y s t h a t t h e s o - c a l l e d "Babcock s t a n d a r d , " which p e r m i t s
non-employee u n i o n o r g a n i z e r s t o s o l i c i t on company p r o p e r t y o n l y i n r a r e
s i t u a t i o n s i n v o l v i n g remote w o r k s i t e s , would l i k e l y be m a i n t a i n e d .
D e s p i t e an appeal t o t h e U.S. Court o f Appeals f o r t h e Seventh C i r c u i t ,
Kramer s a i d he doubts t h e c o u r t s would o v e r r u l e t h e NLRB r u l i n g i n t h e
E l e c t r o m a t i o n case (244 DLR AA-1, E - l , 12/18/92). He suggested t h a t a t t o r n e y s
a d v i s e t h e i r c l i e n t s t o be wary o f employee p a r t i c i p a t i o n programs.
•
jEf non-union employers i n s i s t on such programs, Kramer s a i d a t t o r n e y s should
ise them t o a v o i d t h e p o t e n t i a l i m p r e s s i o n t h a t t h e y are t r y i n g t o dominate
t h e i r work teams. He s a i d employers s h o u l d remove management muscle from these
programs and employees p a r t i c i p a t i n g i n t h e work teams s h o u l d be r o t a t e d so t h e
group cannot be i n t e r p r e t e d as a s t a n d i n g l a b o r o r g a n i z a t i o n .
Ronald James, an a t t o r n e y w i t h t h e C l e v e l a n d f i r m o f S q u i r e , Sanders &
Dempsey, s a i d Nov. 15 t h a t t h e e l e c t r o n i c age i s r a i s i n g a number o f new
q u e s t i o n s about p r i v a c y i n t h e w o r k p l a c e . Moreover, he s a i d t h a t most employers
do not r e a l i z e t h e y a r e exposing themselves t o workplace p r i v a c y s u i t s .
James s a i d t h a t employers, i n g e n e r a l , s h o u l d f e e l f r e e t o m o n i t o r t h e i r
employees' phone c a l l s , e l e c t r o n i c m a i l , l o c k e r s and desks. However, he s a i d the
employer must a r t i c u l a t e t h a t he o r she r e s e r v e s t h i s r i g h t , based on sound and
l e g i t i m a t e b u s i n e s s purposes.
the
for
"An employer i s a b l e t o invade an employee's p r i v a c y i n d i r e c t p r o p o r t i o n t o
e x t e n t t o which he has a r t i c u l a t e d , up f r o n t , a l e g i t i m a t e b u s i n e s s i n t e r e s t
p u r s i n g h i s p o l i c y , " s a i d James.
D e s p i t e t h i s l e g a l p r i n c i p l e , James s a i d t h a t many employers have opened
themselves up f o r l a w s u i t s because t h e y f a i l t o warn employees t h a t t h e y might
be e l e c t r o n i c a l l y m o n i t o r e d .
P o i n t i n g t o a survey by MacWorld magazine, James s a i d t h a t 21.6 p e r c e n t of
ejnployers c l a i m t h a t t h e y have conducted e l e c t r o n i c searches on t h e i r employees,
the survey a l s o found t h a t 66 p e r c e n t o f t h e s e employers never n o t i f i e d
�PAGE
DAILY LABOR REPORT, NOVEMBER 17, 1993
the employees o f t h e
^^bUAGE: ENGLISH
monitoring.
�PAGE
7
LEVEL 1 - 3 OF 49 STORIES
Copyright
November
1993 The Times M i r r o r Company
Los Angeles Times
15, 1993,
Monday, Home E d i t i o n
SECTION: M e t r o ; P a r t B; Page 6; Column 4; L e t t e r s Desk
LENGTH: 478 words
HEADLINE: LABOR BOARD NOMINEE
BODY:
P r e s i d e n t C l i n t o n has nominated our c o l l e a g u e and f r i e n d , P r o f .
B i l l Gould
of S t a n f o r d Law School, t o be chairman o f t h e N a t i o n a l Labor R e l a t i o n s Board.
Because Gould's w r i t i n g s s u p p o r t freedom f o r workers t o a f f i l i a t e w i t h
labor
o r g a n i z a t i o n s o f t h e i r own choosing and the c o l l e c t i v e - b a r g a i n i n g process -- th
e x p l i c i t g o a l s o f the N a t i o n a l Labor R e l a t i o n s A c t -- he has become the o b j e c t
of e x t r e m i s t a t t a c k s t h a t f r e q u e n t l y d i s t o r t the r e c o r d . Paul C r a i g Roberts'
Column R i g h t (Oct. 31) i s an e s p e c i a l l y unsavory example.
Roberts b e g i n s by a s s e r t i n g t h a t Gould's views a r e " s i m i l a r " t o those o f a
judge whom he s t a t e s i s an a p o l o g i s t f o r b l a c k c r i m i n a l s . Reminding us o f t h e
W i l l i e H o r t o n r h e t o r i c o f t h e 1988 p r e s i d e n t i a l campaign, Roberts suggests t h a t
Gould, who would be t h e f i r s t b l a c k chairman o f t h e N a t i o n a l Labor R e l a t i o n s
Board i n i t s n e a r l y 60 y e a r s o f e x i s t e n c e , i s e c c e n t r i c o r r a d i c a l .
0
Roberts c o u l d not be more o f f t h e mark. As a law p r o f e s s o r and a r b i t r a t o r ,
has r e n d e r e d a m a j o r i t y o f awards i n f a v o r o f employers, Gould has been
i s t e n t l y viewed as both moderate and i m p a r t i a l .
Roberts says t h a t Gould w i l l " . . . r e s t r a i n management's a b i l i t y t o
communicate w i t h t h e work f o r c e p r i o r t o a union c e r t i f i c a t i o n v o t e . " I n f a c t ,
i n Gould's r e c e n t book, "Agenda f o r Reform," he has w r i t t e n t h a t l a b o r law
r e f o r m s h o u l d expand employer f r e e speech r i g h t s i n u n i o n o r g a n i z a t i o n e f f o r t s
— not l i m i t them.
Roberts f u r t h e r a s s e r t s t h a t Gould f a v o r s c o m p e l l i n g a l l workers t o accept
union r e p r e s e n t a t i o n where o n l y a m i n o r i t y f a v o r i t . I n f a c t , t h e p r o p o s a l t o
which Roberts r e f e r s q u i t e c l e a r l y a p p l i e d t o "members o n l y " b a r g a i n i n g . Gould
suggested t h a t Congress r e q u i r e t h a t , where 20% t o 30% o f t h e work f o r c e so
requested, employers b a r g a i n c o l l e c t i v e l y , but o n l y w i t h the c o n s e n t i n g workers
Roberts' s u g g e s t i o n t h a t Gould does not s u p p o r t t h e s e c r e t b a l l o t i s e q u a l l y
unfounded. Gould f a v o r s t h e s e c r e t b a l l o t i n a l l union e l e c t i o n s . H i s proposal
t h a t unions be r e c o g n i z e d w i t h o u t e l e c t i o n s a p p l i e s o n l y where a s u p e r - m a j o r i t y
of workers — 60% — have v o l u n t a r i l y signed a u t h o r i z a t i o n c a r d s .
A l l o f t h e s e p r o p o s a l s have been advanced as s u g g e s t i o n s f o r l e g i s l a t i v e
r e v i s i o n , n o t as i n t e r p r e t a t i o n s o f t h e e x i s t i n g law, which Gould, as chairman,
would be sworn t o uphold. Roberts' s u g g e s t i o n t h a t Gould would b e t r a y h i s duty
t o e n f o r c e enacted law i s c o m p l e t e l y unsupported c h a r a c t e r a s s a s s i n a t i o n .
We know Gould as a man o f unimpeachable i n t e g r i t y and as one who has
c o n s i s t e n t l y b r o u g h t a balanced, moderate approach t o labor-management
~ a t i o n s . H i s n o m i n a t i o n r e p r e s e n t s one o f the best o p p o r t u n i t i e s t o d i m i n i s h
�PAGE
Los Angeles Times, November 15, 1993
t h e c o n f l i c t and p o l a r i z a t i o n which have plagued l a b o r and management f o r most
kthis century.
HERMAN LEVY, P r o f e s s o r
Santa C l a r a U n i v e r s i t y School o f Law
WILLIAM H. SIMON, P r o f e s s o r
S t a n f o r d Law School
LANGUAGE: ENGLISH
LOAD-DATE-MDC: November 16, 1993
�PAGE
9
LEVEL 1 - 4 OF 49 STORIES
Copyright
1993 News World Communications, I n c .
The Washington Times
November
13, 1993, Saturday, F i n a l E d i t i o n
SECTION: P a r t D; COMMENTARY; EDITORIALS; LETTERS; Pg. D2
LENGTH: 52 8 words
HEADLINE: D i s t o r t i n g W i l l i a m Gould's r e c o r d on l a b o r r e l a t i o n s ?
BODY:
P r e s i d e n t C l i n t o n has nominated our c o l l e a g u e and f r i e n d , P r o f e s s o r
Bill
Gould o f S t a n f o r d Law School, t o be chairman o f t h e N a t i o n a l Labor
Relations
Board (NLRB). Because Mr.
Gould's w r i t i n g s s u p p o r t freedom f o r workers t o
a f f i l i a t e w i t h l a b o r o r g a n i z a t i o n s o f t h e i r own choosing and t h e c o l l e c t i v e
b a r g a i n i n g process - t h e e x p l i c i t g o a l s o f t h e N a t i o n a l Labor R e l a t i o n s Act - he
has become t h e o b j e c t o f e x t r e m i s t a t t a c k s t h a t f r e q u e n t l y d i s t o r t t h e r e c o r d .
Paul C r a i g R o b e r t s ' p i e c e , " C l i n t o n may be t e r m - l i m i t e d by nominees," Oct. 31,
i s an e s p e c i a l l y unsavory example.
Mr.
Roberts begins by a s s e r t i n g t h a t Mr. Gould's views a r e " s i m i l a r " t o
those o f a judge whom he s t a t e s i s an a p o l o g i s t f o r b l a c k c r i m i n a l s . Reminding
us o f t h e W i l l i e H o r t o n r h e t o r i c o f t h e 1988 p r e s i d e n t i a l campaign, Mr. Roberts
suggests t h a t Mr. Gould, who would be t h e f i r s t b l a c k chairman o f t h e NLRB i n
i t s n e a r l y 60 y e a r s o f e x i s t e n c e , i s e c c e n t r i c o r r a d i c a l .
Mr.
R o b e r t s c o u l d n o t be more o f f t h e mark. As a law p r o f e s s o r and
i t r a t o r who has rendered a m a j o r i t y o f awards i n f a v o r o f employers, Mr.
I d has been c o n s i s t e n t l y viewed as both moderate and i m p a r t i a l .
Mr.
Roberts says t h a t Mr. Gould w i l l " r e s t r a i n management's a b i l i t y t o
communicate w i t h t h e w o r k f o r c e p r i o r t o a union c e r t i f i c a t i o n v o t e . " I n f a c t , i n
Mr.
Gould's r e c e n t book, "Agenda f o r Reform," he has w r i t t e n t h a t l a b o r law
r e f o r m s h o u l d expand employer f r e e speech r i g h t s i n u n i o n o r g a n i z a t i o n a l e f f o r t s
- n o t l i m i t them.
Mr.
Roberts f u r t h e r a s s e r t s t h a t Mr. Gould f a v o r s c o m p e l l i n g a l l workers
t o accept u n i o n r e p r e s e n t a t i o n where o n l y a m i n o r i t y f a v o r i t . I n f a c t , t h e
p r o p o s a l t o which Mr. Roberts r e f e r s t o q u i t e c l e a r l y a p p l i e d t o "members-only"
bargaining.
Mr. Gould suggests t h a t Congress r e q u i r e t h a t , where 20 percent t o
30 p e r c e n t o f t h e work f o r c e so r e q u e s t , employers b a r g a i n c o l l e c t i v e l y , b u t
only w i t h t h e consenting workers.
Mr.
R o b e r t s ' s u g g e s t i o n t h a t Mr. Gould does n o t s u p p o r t t h e s e c r e t b a l l o t
i s e q u a l l y unfounded. Mr. Gould f a v o r s t h e s e c r e t b a l l o t i n a l l union
elections.
H i s p r o p o s a l t h a t u n i o n s be recognized w i t h o u t e l e c t i o n s a p p l i e s
o n l y where a s u p e r m a j o r i t y o f workers - 60 p e r c e n t - have v o l u n t a r i l y signed
a u t h o r i z a t i o n cards.
A l l o f t h e s e p r o p o s a l s have been advanced as s u g g e s t i o n s f o r l e g i s l a t i v e
r e v i s i o n , n o t as i n t e r p r e t a t i o n s o f e x i s t i n g law, which Mr. Gould, as chairman,
would be sworn t o uphold.
Mr. R o b e r t s ' s u g g e s t i o n t h a t Mr. Gould would betray
h i s d u t y t o e n f o r c e enacted law i s c o m p l e t e l y unsupported c h a r a c t e r
iassination.
�PAGE
IC
The Washington Times, November 13, 1993
We know Mr. Gould as a man o f unimpeachable i n t e g r i t y and as one who has
s i s t e n t l y b r o u g h t a balanced, moderate approach t o labor-management
a t i o n s . H i s n o m i n a t i o n r e p r e s e n t s one o f t h e b e s t o p p o r t u n i t i e s t o d i m i n i s h
c o n f l i c t and p o l a r i z a t i o n t h a t have plagued l a b o r and management f o r most of
•
t h i s century.
HERMAN LEVY
P r o f e s s o r o f Law
Santa C l a r a U n i v e r s i t y
School o f Law
Santa C l a r a ,
WILLIAM H.
Calif.
SIMON
P r o f e s s o r o f Law
S t a n f o r d Law School
Stanford,
Calif.
LANGUAGE: ENGLISH
LOAD-DATE-MDC: November 13, 1993
�PAGE
11
LEVEL 1 - 5 OF 49 STORIES
C o p y r i g h t 1993 News World Cominunications, I n c .
The Washington Times
November
7, 1993, Sunday, F i n a l
Edition
SECTION: P a r t B; COMMENTARY; Pg. B4
LENGTH: 707 words
HEADLINE: W a i t i n g i n t h e NLRB wings
BYLINE: C h a r l e s Graver
BODY:
S e v e r a l months ago, P r e s i d e n t C l i n t o n nominated P r o f e s s o r W i l l i a m Gould o f
the S t a n f o r d Law School t o be chairman o f t h e N a t i o n a l Labor R e l a t i o n s Board
(NLRB), t h e agency t h a t a d m i n i s t e r s t h e a c t r e g u l a t i n g t h e o r g a n i z a t i o n a l and
b a r g a i n i n g r i g h t s o f most p r i v a t e s e c t o r workers. We are f o r t u n a t e t h a t such a
h i g h l y q u a l i f i e d i n d i v i d u a l i s w i l l i n g t o accept t h i s i m p o r t a n t p o s i t i o n .
Mr.
Gould
i s one o f t h e pre-eminent s c h o l a r s i n t h e l a b o r and employment
law f i e l d and has p u b l i s h e d s e v e r a l books and numerous law j o u r n a l a r t i c l e s .
Several b u s i n e s s groups and a few Republican s e n a t o r s have d e c i d e d t o t a k e some
of Mr.
Gould's
comments o u t o f c o n t e x t i n an e f f o r t t o suggest he i s an
a r d e n t u n i o n s y m p a t h i z e r who would n o t a d m i n i s t e r t h e N a t i o n a l Labor R e l a t i o n s
Act (NLRA) evenhandededly.
Most o f t h e ammunition used by t h e s e opponents i s
t a k e n from Mr.
Gould's
r e c e n t book, "Agenda f o r Reform." I n t h a t book, Mr.
^^ould
notes t h e s u b s t a n t i a l d e c l i n e i n u n i o n membership over t h e p a s t 15 years
suggests modest changes i n t h e NLRA t h a t would d e t e r u n l a w f u l employer
^ ^ P a s i t i o n t o worker o r g a n i z i n g and enhance t h e c o l l e c t i v e b a r g a i n i n g process.
His p r o p o s a l s a r e s i m i l a r t o t h o s e made p r e v i o u s l y by numerous academic s c h o l a r s
and would m i n i m a l l y modify t h e e x i s t i n g s t a t u t e .
When s e n a t o r s asked Mr.
Gould whether he would endeavor t o use h i s NLRB
c h a i r m a n s h i p t o r e d r a f t t h e NLRA, Mr. Gould u n e q u i v o c a l l y s t a t e d t h a t such
conduct would be e n t i r e l y i n a p p r o p r i a t e . As a member o f t h e NLRB, he would only
be a u t h o r i z e d t o i n t e r p r e t , n o t a l t e r , t h e NLRA. He noted t h a t s t a t u t o r y
amendments c o u l d o n l y be implemented by Congress.
D u r i n g h i s d i s t i n g u i s h e d academic c a r e e r , Mr. Gould has e s t a b l i s h e d a
r e p u t a t i o n as a person committed t o t h e r i g h t s o f employees and t h e c o l l e c t i v e
b a r g a i n i n g p r o c e s s . His a c c e p t a b i l i t y as a l a b o r a r b i t r a t o r by b o t h unions and
employers and h i s membership i n t h e N a t i o n a l Academy o f A r b i t r a t o r s a t t e s t t o
his n e u t r a l i t y .
No one f a m i l i a r w i t h Mr.
Gould's w r i t i n g s c o u l d f a i r l y
c h a r a c t e r i z e him as p r o - l a b o r o r pro-management.
During t h e l a t e 1960s and e a r l y 1970s, many o f Mr.
Gould's p u b l i c a t i o n s
focused on t h e p l i g h t o f A f r i c a n - A m e r i c a n workers i n w h i t e - d o m i n a t e d l a b o r
o r g a n i z a t i o n s . He was an outspoken c r i t i c o f unions t h a t d i d not guarantee
equal employment o p p o r t u n i t y t o a l l members.
I n r e c e n t y e a r s , Mr. Gould has c r i t i c i z e d t h e imbalance o f power between
employers and employees, and has argued p e r s u a s i v e l y f o r s t a t u t o r y m o d i f i c a t i o n s
t h a t would enhance t h e r i g h t s o f i n d i v i d u a l w o r k e r s .
�PAGE
12
The Washington Times, November 7, 1993
Mr. Gould i s n o t a mere t h e o r e t i c i a n . He has a w e a l t h o f p r a c t i c a l
e r i e n c e . D u r i n g h i s t e a c h i n g c a r e e r , he has served as a l a b o r a r b i t r a t o r
h r e s p e c t t o many d i s p u t e s . I n t h i s c a p a c i t y , he has c o n s i s t e n t l y recognized
duty t o i n t e r p r e t the a p p l i c a b l e c o n t r a c t u a l p r o v i s i o n s without modifying
•
terms he m i g h t n o t l i k e .
Before he e n t e r e d law t e a c h i n g , Mr. Gould p r a c t i c e d
law i n New York and D e t r o i t and worked w i t h t h e NLRB.
For many y e a r s , p r e s i d e n t s a p p o i n t e d Labor Board members who were n e i t h e r
union nor management advocates. T h i s was n o t always easy, because most
experienced s p e c i a l i s t s have worked f o r law f i r m s t h a t r e p r e s e n t unions o r
employers. P r e s i d e n t C l i n t o n has nominated a t r u l y n e u t r a l labor-management
e x p e r t who would be an o u t s t a n d i n g NLRB chairman.
Opponents who c h a r a c t e r i z e Mr. Gould as p r o - l a b o r a r e n o t comparing him t o
o t h e r d i s t i n g u i s h e d n e u t r a l s who have served on t h e Labor board b u t t o s e v e r a l
management advocates who served as board members d u r i n g t h e Reagan-Bush years.
They a r e a l s o f o c u s i n g d i s i n g e n u o u s l y on narrow passages t a k e n o u t o f c o n t e x t
from h i s new book. I f unbiased persons were t o r e v i e w a l l o f Mr. Gould's
w r i t i n g s , t h e y would r e c o g n i z e t h a t he i s n e i t h e r p r o - l a b o r n o r pro-employer.
He s i m p l y b e l i e v e s i n t h e majesty o f t h e NLRA and t h e r i g h t s g i v e n t o employees,
employers and l a b o r o r g a n i z a t i o n s i n t h a t enactment. He would make an e x c e l l e n t
NLRB chairman and should be e n t h u s i a s t i c a l l y c o n f i r m e d by t h e U.S. Senate.
Charles D. Craver i s t h e M e r r i f i e l d Research P r o f e s s o r o f Law a t George
Mason U n i v e r s i t y .
LANGUAGE: ENGLISH
^^p-DATE-MDC: November 7, 1993
�PAGE
13
LEVEL 1 - 6 OF 49 STORIES
Copyright
1993 A s s o c i a t e d Newspapers L t d .
Evening Standard
November
3, 1993,
Wednesday
SECTION: Pg. 27
LENGTH: 1547
words
HEADLINE: GETTING AWAY WITH MURDER
BYLINE: Jeremy Campbell
BODY:
WHEN Rosemary B a r k e t t o v e r t u r n e d t h e death sentence on a young murderer, one
of her c o l l e a g u e s remarked: 'There goes Rosemary. She s i n c e r e l y b e l i e v e s the
defendant i s a good man except t h a t he sometimes k i l l s people.'
I n t h e case o f another k i l l e r , who stabbed and shot t o death a w h i t e man a
then m a i l e d a t a p e t o t h e v i c t i m ' s mother b o a s t i n g about t h e c r i m e , Ms B a r k e t t ' s
p e n e t r a t i n g eye found ' s o c i a l l y redeeming v a l u e s ' .
The t a p e , she s a i d , showed the murder was a ' s o c i a l awareness' case. The
crime was not t o be t a k e n t o o l i t e r a l l y s i n c e t h e v i c t i m was merely a 'symbolic
r e p r e s e n t a t i o n o f t h e c l a s s causing p e r c e i v e d i n j u s t i c e s ' . She d e t e c t e d i n the
act a h i g h e r purpose hidden from t h e minds o f o r d i n a r y f o l k .
Relax, she seems
t o be s a y i n g , a murder o f t h i s s o r t i s j u s t a metaphor.
A l l t h i s m i g h t not m a t t e r i f Rosemary B a r k e t t were a f i l m c r i t i c , o r a
d i d a t e f o r s a i n t h o o d . As i t i s , she i s a judge o f t h e F l o r i d a Supreme Court,
has been named by P r e s i d e n t C l i n t o n t o t h e US Court o f Appeals.
I n B a r k e t t ' s view, American j u r i e s are f u l l o f people w i t h a m b i v a l e n t
o p i n i o n s on r a c e , but a t such a deep l e v e l t h e y are not aware o f i t . These
d i s t o r t i o n s i n t h e unconscious mind s u r f a c e as a r e f u s a l t o acknowledge t h a t a
person who commits a crime can be s i m p l y r e d r e s s i n g t h e i n j u s t i c e s o f a
class-ridden society.
The idea t h a t c e r t a i n people are not r e s p o n s i b l e f o r t h e i r a c t i o n s , but are
d r i v e n by o c c u l t f o r c e s beyond t h e i r c o n t r o l , i s a r e c u r r i n g theme among C l i n t o r
a p p o i n t e e s . I t shows up, t o o , i n t h e o p i n i o n s o f W i l l i a m Gould, a law
p r o f e s s o r chosen by C l i n t o n t o head t h e N a t i o n a l Labour R e l a t i o n s Board.
In h i s w r i t i n g s , Professor
Gould suggests t h a t a person who chooses not tc
belong t o a t r a d e u n i o n i s r e a l l y a misguided v i c t i m o f years o f c o n s e r v a t i v e
b r a i n w a s h i n g . So i t i s i n h i s o r her own i n t e r e s t f o r t h e government t o compel
t h e f o r m a t i o n o f unions even i f o n l y 20 per cent o f employees i n a f i r m want t o
j o i n one.
I n t h e c o u r t s , such a p r i n c i p l e i s a l r e a d y w e l l e s t a b l i s h e d . On a courtroom
TV channel r e c e n t l y I watched as a defendant i n a p a r t i c u l a r l y h o r r i b l e murder
case pleaded t h a t he was a c t i n g under t h e i n f l u e n c e o f a m y s t e r i o u s power t h a t
was m a n i p u l a t i n g him. 'Did you sense t h a t t h i s was a s u p e r n a t u r a l , a demonic
f o r c e ? ' asked h i s a t t o r n e y .
�PAGE
Evening Standard,
'Yes,' t h e man
November 3,
14
1993
replied.
'So, i n f a c t , what you are s a y i n g i s t h a t t h e D e v i l made you do i t , ' went on
e a t t o r n e y . T h i s i s n o n - f i c t i o n t e l e v i s i o n , remember.
No one, i t seems, a c t u a l l y commits a v i o l e n t c r i m e i n f u l l awareness and by
f r e e c h o i c e . I t i s always done under t h e i n f l u e n c e o f t h i s o r t h a t . The Menendez
b r o t h e r s i n C a l i f o r n i a are a case i n p o i n t . They a r e accused o f c o l d - b l o o d e d l y
murdering t h e i r p a r e n t s , as t h e y s a t w a t c h i n g t e l e v i s i o n , w i t h 15 b l a s t s of a
shotgun t o g e t t h e i r i n h e r i t a n c e w i t h o u t w a i t i n g .
The b r o t h e r s a t f i r s t denied the murder, s o r r o w i n g deeply a t t h e f u n e r a l . A
spending spree f o l l o w e d , and t h e n , when t h e evidence a g a i n s t them was
overwhelming, a c o n f e s s i o n . F i n a l l y , t h e y blamed t h e i r p a r e n t s . I t was t h e f e a r
of s e x u a l abuse t h a t drove them t o t h e c r i m e , even though t h e boys are over 20
and a t p e r f e c t l i b e r t y t o leave home.
Ann Burgess, a p s y c h i a t r i s t , t e s t i f i e d f o r t h e defence t h a t f o r one b r o t h e r
t h e murder was done on a u t o p i l o t , t h e ' i n s t i n c t i v e , u n c o n t r o l l a b l e r e a c t i o n of a
b r a i n r e w i r e d by f e a r ' .
Crime i n America does seem u n r e a l , so b i z a r r e , g r a t u i t o u s and wanton i s i t
becoming. The answer of c e r t a i n people who t r a f f i c i n ideas and p o l i t i c a l
n o v e l t i e s i s t o t r e a t crime as l i t e r a l l y u n r e a l , a mere epiphenomenon of a s i c k
s o c i e t y . I t i s i n t e r e s t i n g t o note how many of them are showing up as C l i n t o n
appointees f o r h i g h o f f i c e .
The P r e s i d e n t who loves t o be l o v e d BILL C l i n t o n i s determined t o wrap
e l f i n t h e Kennedy aura. Faced w i t h a c h o i c e between f l y i n g t o c o m f o r t
'tims of t h e t e r r i b l e f i r e s sweeping
C a l i f o r n i a or hobnobbing w i t h J a c k i e - 0 a t a ceremony f o r t h e Kennedy l i b r a r y
he opted f o r t h e Kennedys.
He may see h i m s e l f as a r e i n c a r n a t i o n of JFK, but t h e l i k e n e s s e s are n e a r l y
a l l s u p e r f i c i a l . Kennedy was a remarkably c o o l and c a l c u l a t i n g P r e s i d e n t , almost
b l o o d l e s s i n h i s c a u t i o n , t h o u g h t former US S e c r e t a r y of S t a t e Dean Acheson.
Kennedy was f a s t i d i o u s about who he was photographed w i t h , even keeping M a r t i n
L u t h e r King a t a d i s t a n c e .
By c o n t r a s t , C l i n t o n i s g r e g a r i o u s t o a f a u l t , a hugger who w i l l be
photographed w i t h j u s t about anyone who asks. And whereas Kennedy was an
epigrammatic w i t , never w a s t i n g words, C l i n t o n never knows when t o s t o p and
a f t e r w a r d s few can remember what he s a i d .
One b i g d i f f e r e n c e i s t h a t C l i n t o n i s much more anxious t o make people l i k e
him. R i c h a r d Reeves, a u t h o r of an e x c e l l e n t book on JFK, s a i d : 'Kennedy gave a
person seven seconds t o make an i m p r e s s i o n on him. He had enormous d i s c i p l i n e
when i t came t o c o n t r o l l i n g a s i t u a t i o n . When he g o t what he wanted from
somebody, he was out of t h e r e .
It's
' C l i n t o n i s d i f f e r e n t . He won't leave t h e room u n t i l everyone loves
almost as i f he doesn't know he's P r e s i d e n t . '
him.
�PAGE
Evening Standard, November 3,
IE
1993
Taking Perm a c t i o n
•
FEMINISTS are o u t r a g e d a t a newspaper p r o f i l e of a v e r y s e n i o r female member
the C a b i n e t , which d e s c r i b e s her as a c t i n g o c c a s i o n a l l y i n a ' b l u s t e r y ' way.
The i n t i m a t i o n i s t h a t t h e a d j e c t i v e a p p l i e s o n l y t o t h e l a d y i n q u e s t i o n a t
c o c k t a i l p a r t i e s i n t h e e v e n i n g . Such coded i n f e r e n c e s , i t i s s a i d , n o r m a l l y
used of r e d - f a c e d Southern male s e n a t o r s w i t h a h i g h bourbon i n t a k e , demean the
d i g n i t y o f women. B l u s t e r y i s now on t h e p r o s c r i b e d l i s t o f t h e women's
movement.
F e m i n i s t s , however, are adding t o as w e l l as s u b t r a c t i n g from t h e d i c t i o n a r y
of approved words. The l a t e s t neologism i s 'Ferms', a word c o i n e d by g e n e t i c i s t
Anne F a u s t o - S t e r l i n g t o d e s c r i b e members of one of a t l e a s t t h r e e sexes she
i d e n t i f i e s as l y i n g between male and female on t h e gender spectrum.
�PAGE
16
LEVEL 1 - 7 OF 49 STORIES
C o p y r i g h t 1993 The Bureau o f N a t i o n a l A f f a i r s ,
Inc.,DAILY
LABOR REPORT
NOVEMBER
1993
1, 1993
DLR 209 d l l
LENGTH: 613 words
SECTION: CURRENT DEVELOPMENTS.
TITLE: RAUDABAUGH FAULTS CRITICS OF GOULD NOMINATION, NLRB SPEED, EFFECTIVENESS.
TEXT:
CHICAGO--Out-going N a t i o n a l Labor R e l a t i o n s Board member John Raudabaugh
Oct. 29 r i d i c u l e d t h e " s k y - i s - f a l l i n g " f e a r s expressed by Senate Republicans
over t h e n o m i n a t i o n o f S t a n f o r d U n i v e r s i t y law p r o f e s s o r W i l l i a m Gould f o r t h
chairmanship o f t h e l a b o r board.
Gould would make a f i n e and o b j e c t i v e NLRB chairman, d e s p i t e f e a r s from
c o n s e r v a t i v e s t h a t he would somehow r a d i c a l i z e t h e s t a t e o f American l a b o r
r e l a t i o n s , a c c o r d i n g t o Raudabaugh, who was a p p o i n t e d by former P r e s i d e n t George
Bush.
"I'm convinced t h a t B i l l Gould w i l l be approved by t h e Senate," he s a i d
d u r i n g a speech b e f o r e t h e American Bar A s s o c i a t i o n ' s Basic Labor and
Employment Law seminar. " I t h i n k he i s g o i n g t o be a g r e a t chairman."
The Senate Labor and Human Resources Committee v o t e d t o s u p p o r t Gould's
i n a t i o n 10 t o f i v e on Oct. 20, w i t h t h e v o t e s p l i t a l o n g p a r t y l i n e s , as
•
Republicans expressed concern about Gould's books and a r t i c l e s .
But Raudabaugh s u p p o r t e d Gould, s a y i n g he was s i m p l y d o i n g what academics do
b e s t - - w r i t i n g and t h e o r i z i n g about s t r u c t u r a l changes t h a t m i g h t improve t h e
state of labor r e l a t i o n s .
Raudabaugh a l s o expressed s u p p o r t f o r Margaret Browning, a P h i l a d e l p h i a
a t t o r n e y who has r e p r e s e n t e d unions i n l a b o r r e l a t i o n s cases, f o r one o f two
o t h e r NLRB openings. Raudabaugh s a i d he has complained f o r s e v e r a l years t h a t no
union a t t o r n e y s were r e p r e s e n t e d on t h e board and p r e d i c t e d t h a t Browning would
be a good a d d i t i o n .
He s a i d t h e board i s a n x i o u s l y w a i t i n g f o r P r e s i d e n t C l i n t o n t o nominate
someone t o f i l l t h e f i n a l opening on t h e five-member board. Those b e i n g
c o n s i d e r e d f o r t h e p o s i t i o n , he s a i d , i n c l u d e E r i c Schmertz, former H o f s t r a
U n i v e r s i t y Law School dean; Sharon P r o s t , m i n o r i t y c h i e f counsel f o r t h e Senate
J u d i c i a r y Committee; and Mary H a r r i n g t o n , d i r e c t o r o f l a b o r r e l a t i o n s f o r
Eastman Kodak Co.
C r i t i c i s m Of NLRB C r i t i c s
Raudabaugh, who w i l l leave h i s NLRB p o s t a t t h e end o f t h e year, a l s o lashed
out a t u n i o n l e a d e r s and c o r p o r a t e a t t o r n e y s who have c r i t i c i z e d t h e NLRB f o r
being slow, i n e f f i c i e n t , and p o l i t i c i z e d . N e i t h e r s i d e o f t h e l a b o r r e l a t i o n s
I d understood t h e m i s s i o n and r e s p o n s i b i l i t i e s o f t h e NLRB, he s a i d .
�PAGE
17
DAILY LABOR REPORT, NOVEMBER 1, 1993
"I'm g o i n g t o w a i t u n t i l you g i v e up your law p r a c t i c e s and your fancy cars
your c a r phones w h i l e you serve your c o u n t r y f o r a few years and then I ' l l
ten t o your f l i p remarks about t h e NLRB," Raudabaugh t o l d t h e 40 a t t o r n e y s at
e conference.
Most c r i t i c i s m s o f t h e board f o r being slow a r e s i m p l y u n t r u e , he s a i d ,
n o t i n g t h a t t h e median t i m e f o r d i s p o s i n g o f a charge i s 60 days. He
acknowledged t h a t some NLRB cases t a k e s e v e r a l years t o l i t i g a t e , b u t he
i n s i s t e d t h a t t h e number i s minuscule.
Raudabaugh a l s o s a i d charges from t h e c o r p o r a t e w o r l d t h a t t h e NLRB was t o o
l i b e r a l and charges from union l e a d e r s t h a t t h e board was p r o - b u s i n e s s were both
"outrageous."
He i n s i s t e d t h a t t h e process t h a t b r i n g s cases b e f o r e t h e board i s f a i r and
noted t h a t i n 93 p e r c e n t o f a l l t h e cases reviewed i n 1992, t h e board e i t h e r
adopted an a d m i n i s t r a t i v e law judge's d e c i s i o n o r adopted i t w i t h minor
m o d i f i c a t i o n s . Only f i v e p e r c e n t o f those cases r e s u l t i n g i n a r e v e r s a l . He alsc
noted t h a t 96 p e r c e n t o f a l l d e c i s i o n s a r e done on a unanimous b a s i s .
"How c o u l d we be a pro-somebody o r pro-something
s o r t o f r h e t o r i c t o s t o p , " he s a i d .
board? I t ' s t i m e f o r t h a t
Raudabaugh s a i d he f o r e s e e s t h e board t a c k l i n g d i f f i c u l t q u e s t i o n s i n t h e
coming y e a r s , i n c l u d i n g another l o o k a t p o l i c i n g u n i o n e l e c t i o n s and q u e s t i o n s
s u r r o u n d i n g impasses t o g o o d - f a i t h b a r g a i n i n g . He i s a l s o u r g i n g t h e board t o
take up many o f t h e c o n f u s i n g l a b o r issues a s s o c i a t e d w i t h t h e c o n t i n g e n t work
ce.
GUAGE: ENGLISH
�PAGE
18
LEVEL 1 - 8 OF 49 STORIES
C o p y r i g h t 1993
The
Bureau o f N a t i o n a l A f f a i r s ,
Inc.,DAILY
LABOR REPORT
OCTOBER
21,
1993
1993
202
d4
DLR
LENGTH: 565 words
SECTION: LEADING THE NEWS.
TITLE: SENATE LABOR COMMITTEE APPROVES GOULD'S NOMINATION AS NLRB CHAIRMAN.
TEXT:
The Senate Labor and Human Resources Committee Oct. 20 approved P r e s i d e n t
C l i n t o n ' s c h o i c e of S t a n f o r d U n i v e r s i t y p r o f e s s o r W i l l i a m Gould as chairman of
the N a t i o n a l Labor R e l a t i o n s Board.
The committee's v o t e was s p l i t a l o n g p a r t y l i n e s , w i t h 10 committee members
v o t i n g yes, f i v e v o t i n g no, and Sens. James J e f f o r d s (R-Vt) and Dave Durenberger
(R-Minn) v o t i n g p r e s e n t . Sen. Nancy Kassebaum (R-Kan), t h e committee's r a n k i n g
m i n o r i t y member, c i t e d Gould's " t r o u b l i n g " v i s i o n o f l a b o r r e l a t i o n s , l a i d out
i n h i s r e c e n t book Agenda For Reform as t h e reason she d i d n o t s u p p o r t h i s
nomination.
"At t h i s t i m e , our economy cannot a f f o r d t h e d i s r u p t i o n and u n c e r t a i n t y t h a t
w i l l r e s u l t i f t h e Board i s used as a p l a t f o r m f o r l a b o r law r e f o r m , " Kassebaum
'd.. She s p e c i f i c a l l y p o i n t e d t o Gould's s u p p o r t f o r r e p l a c i n g s e c r e t b a l l o t
p t i o n s f o r u n i o n r e p r e s e n t a t i o n w i t h a u t h o r i z a t i o n c a r d s ; expanding unions'
l i t y t o p u n i s h workers who want t o c o n t i n u e w o r k i n g d u r i n g a s t r i k e ; and,
•
p r o h i b i t i n g permanent replacement workers d u r i n g an economic s t r i k e .
Gould's endorsement o f double and t r i p l e back-pay awards t o remedy u n f a i r
l a b o r p r a c t i c e v i o l a t i o n s and i n c r e a s e d access t o p r i v a t e p r o p e r t y f o r
non-employee u n i o n o r g a n i z e r s a l s o came under f i r e from Kassebaum. While
acknowledging Gould's pledge d u r i n g h i s c o n f i r m a t i o n h e a r i n g t h a t he would
i n t e r p r e t t h e law as i t i s w r i t t e n (190 DLR AA-1, D - l , 10/4/93), Kassebaum s a i d
"such s t r o n g l y h e l d views must i n f o r m and i n f l u e n c e t h e d e c i s i o n s o f one who
serves" as chairman.
"Both employers and l a b o r unions must have c o n f i d e n c e i n t h e i m p a r t i a l i t y of
the board i n o r d e r f o r i t t o f u n c t i o n e f f e c t i v e l y , " Kassebaum s a i d , and Gould
"has f a i l e d t o i n s t i l l t h a t c o n f i d e n c e . " She expressed hope t h a t t h e C l i n t o n
a d m i n i s t r a t i o n ' s n o m i n a t i o n f o r t h e r e m a i n i n g open s e a t on t h e board w i l l enjoy
f u l l s u p p o r t from t h e business community t o p r o v i d e an a p p r o p r i a t e balance.
S t a n f o r d Law
Professor
Gould has been a p r o f e s s o r a t S t a n f o r d Law School s i n c e 1972. A 1961 graduate
of C o r n e l l Law School, he s t u d i e d comparative l a b o r law i n 1962-63 a t t h e London
School o f Economics.
P r i o r t o S t a n f o r d , Gould was a s s i s t a n t g e n e r a l counsel o f t h e U n i t e d Auto
Workers i n D e t r o i t . From 1963-65, he served as an a t t o r n e y w i t h NLRB i n
^ ^ ^ l i n g t o n , D.C. He r e p r e s e n t e d management on l a b o r law m a t t e r s w i t h B a t t l e ,
�PAGE
19
DAILY LABOR REPORT, OCTOBER 21, 199 3
Fowler, Stokes & Kheel i n New York C i t y from 1965 t o 1968.
' member o f t h e N a t i o n a l Academy o f A r b i t r a t o r s s i n c e 1970, Gould has
A
i t r a t e d and mediated more than 200 l a b o r d i s p u t e s s i n c e 1965.
Gould's n o m i n a t i o n now goes t o t h e f u l l
Senate f o r a v o t e .
Other Nominations
I n o t h e r a c t i o n , t h e committee approved t h e n o m i n a t i o n s o f M a r t i n Manley t o
be a s s i s t a n t s e c r e t a r y o f l a b o r f o r t h e O f f i c e o f t h e American Workplace and
John Calhoun W e l l s t o be d i r e c t o r o f t h e Federal M e d i a t i o n and C o n c i l i a t i o n
Service.
Manley has worked f o r a San Francisco-based c o n s u l t i n g f i r m , Waterman &
M i l l e r , t h a t a d v i s e s unions and companies on i s s u e s r e l a t e d t o c o r p o r a t e
r e s t r u c t u r i n g . I f c o n f i r m e d by t h e f u l l Senate, he w i l l t a k e t h e helm o f a new
agency e s t a b l i s h e d w i t h i n t h e Labor Department t o promote labor-management
c o o p e r a t i o n and i n n o v a t i v e work p r a c t i c e s .
Wells i s a c o n s u l t a n t i n j o i n t union-management processes aimed a t improving
workplace c o m p e t i t i v e n e s s . W e l l s ' n o m i n a t i o n a l s o must be approved by t h e
Senate.
LANGUAGE: ENGLISH
�PAGE
20
LEVEL 1 - 10 OF 49 STORIES
Copyright
1993 Cable News Network, I n c .
A l l r i g h t s reserved
CNN
SHOW: Moneyline 7:00 pm ET
October
14, 1993
T r a n s c r i p t # 1010-2
TYPE: Package
SECTION: News
LENGTH: 436 words
HEADLINE: U n i o n - F r i e n d l y
Law P r o f e s s o r
Nominated f o r NLRB
BYLINE: LOU DOBBS;
HIGHLIGHT:
A c o n t r o v e r s i a l law p r o f e s s o r has been nominated t o serve on C l i n t o n ' s N a t i o n a l
Labor R e l a t i o n s Board. He has p r e v i o u s l y been p r o - l a b o r u n i o n i n h i s views.
BODY:
LOU DOBBS, Anchor: Another C l i n t o n a p p o i n t e e i s under f i r e t o n i g h t - t h e man
he wants t o r u n t h e N a t i o n a l Labor R e l a t i o n s Board. CNN Business News has
rned t h a t t h e U.S. Chamber o f Commerce i s j o i n i n g t h e f i g h t t o b l o c k t h e
f i r m a t i o n o f W i l l i a m Gould. K a t h l e e n Behof r e p o r t s from Chicago.
«
KATHLEEN BEHOF, Correspondent: Business groups opposing P r e s i d e n t C l i n t o n ' s
choice t o become the next c h i e f o f t h e N a t i o n a l Labor R e l a t i o n s Board say he
s u p p o r t s r a d i c a l p r o - l a b o r changes i n l a b o r law. They p o i n t t o a new book
w r i t t e n by t h e nominee, S t a n f o r d law p r o f e s s o r
W i l l i a m Gould.
I n i t , Gould
argues union r e p r e s e n t a t i v e s should have wide-spread access t o workers on
company p r o p e r t y .
He says companies should n o t be a b l e t o permanently r e p l a c e
workers d u r i n g a s t r i k e .
Gould a l s o b e l i e v e s c o r p o r a t i o n s should p e r i o d i c a l l y
open t h e i r books t o u n i o n s about c o r p o r a t e business.
Gould has a t t r a c t e d a
l i s t o f s i g n i f i c a n t a d v e r s a r i e s - among them, t h e U.S. Chamber o f Commerce and
the N a t i o n a l A s s o c i a t i o n o f M a n u f a c t u r e r s .
PETE LUNNIE, Sr. P o l i c y D i r . , N a t l . Assn. o f M f g r s . : He c e r t a i n l y advocates
s i g n i f i c a n t change, and i t ' s r a i s e d concerns; and j u s t as o r g a n i z e d l a b o r would
r a i s e concerns w i t h a nominee whose p o s i t i o n s were h o s t i l e towards t h e i r
constituencies.
BEHOF: Organized l a b o r says i t s been concerned f o r 12 years under a
Republican-dominated board.
JON KIATT, Gen. Counsel, Serv. Empl. I n t l . Union: We see P r o f e s s o r
Gould as
being someone who, w h i l e c e r t a i n l y not p r o - l a b o r , a t l e a s t w i l l n o t e x h i b i t t h e
same k i n d o f pro-management b i a s t h a t we've seen f o r t h e p a s t many years.
BEHOF: Gould's l i s t o f s u p p o r t e r s i n c l u d e s dozens o f lawyers r e p r e s e n t i n g
igement. Gould has mediated more than 200 l a b o r d i s p u t e s .
He's s i d e d w i t h
�PAGE
21
Moneyline, October 14, 1993
«
management h a l f t h e t i m e . C l i n t o n w i l l f i l l two o t h e r s e a t s on t h e f i v e member
r d a l o n g w i t h t h e g e n e r a l c o u n s e l ' s j o b . Those opposing Gould f o r chairman
i f t h e y l o s e t h a t b a t t l e , t h e y ' l l be back, l o b b y i n g f o r a t l e a s t one
-business c a n d i d a t e f o r those o t h e r p o s i t i o n s . K a t h l e e n Behof, CNN Business
News, Chicago.
DOBBS: And coming up next here on Moneyline - t h e p r e s i d e n t ' s second-in-command
at Treasury, Roger Altman, w i l l be t a l k i n g about t h e economy, h e a l t h care
r e f o r m , NAFTA, and o t h e r major issues on t h i s economy.
Stay w i t h us.
[Commercial b r e a k ]
The p r e c e d i n g t e x t has been p r o f e s s i o n a l l y t r a n s c r i b e d . However, a l t h o u g h
t h e t e x t has been checked a g a i n s t an audio t r a c k , i n o r d e r t o meet r i g i d
d i s t r i b u t i o n and t r a n s m i s s i o n d e a d l i n e s , i t has n o t y e t been p r o o f r e a d a g a i n s t
videotape.
LANGUAGE: ENGLISH
LOAD-DATE-MDC: October 15,
1993
�PAGE
LEVEL 1 - 11 OF
Copyright
22
49 STORIES
1993 Cable News Network, I n c .
A l l r i g h t s reserved
CNN
SHOW: Moneyline 7:05
October
14,
pm
ET
1993
T r a n s c r i p t # 1010-2
TYPE: Package
SECTION: News; Domestic
LENGTH: 43 6 words
HEADLINE: U n i o n - F r i e n d l y
Law
Professor
Nominated f o r NLRB
BYLINE: KATHLEEN BEHOF
HIGHLIGHT:
A c o n t r o v e r s i a l law p r o f e s s o r has been nominated t o serve on C l i n t o n ' s N a t i o n a l
Labor R e l a t i o n s Board. He has p r e v i o u s l y been p r o - l a b o r union i n h i s views.
BODY:
LOU DOBBS, Anchor: Another C l i n t o n a p p o i n t e e i s under f i r e t o n i g h t - t h e
he wants t o run t h e N a t i o n a l Labor R e l a t i o n s Board. CNN Business News has
rned t h a t t h e U.S. Chamber of Commerce i s j o i n i n g t h e f i g h t t o b l o c k t h e
f i r m a t i o n o f W i l l i a m Gould. K a t h l e e n Behof r e p o r t s from Chicago.
man
•
KATHLEEN BEHOF, Correspondent: Business groups opposing P r e s i d e n t C l i n t o n ' s
choice t o become the next c h i e f of t h e N a t i o n a l Labor R e l a t i o n s Board say he
s u p p o r t s r a d i c a l p r o - l a b o r changes i n l a b o r law.
They p o i n t t o a new book
w r i t t e n by the nominee, S t a n f o r d law p r o f e s s o r
W i l l i a m Gould.
I n i t , Gould
argues union r e p r e s e n t a t i v e s should have wide-spread access t o workers on
company p r o p e r t y .
He says companies should n o t be a b l e t o permanently r e p l a c e
workers d u r i n g a s t r i k e .
Gould a l s o b e l i e v e s c o r p o r a t i o n s s h o u l d p e r i o d i c a l l y
open t h e i r books t o unions about c o r p o r a t e b u s i n e s s .
Gould has a t t r a c t e d a
l i s t of s i g n i f i c a n t a d v e r s a r i e s - among them, t h e U.S. Chamber o f Commerce and
the N a t i o n a l A s s o c i a t i o n o f M a n u f a c t u r e r s .
PETE LUNNIE, Sr. P o l i c y D i r . , N a t l . Assn. o f M f g r s . : He c e r t a i n l y advocates
s i g n i f i c a n t change, and i t ' s r a i s e d concerns; and j u s t as o r g a n i z e d l a b o r would
r a i s e concerns w i t h a nominee whose p o s i t i o n s were h o s t i l e towards t h e i r
constituencies.
BEHOF: Organized l a b o r says i t s been concerned f o r 12 years under a
Republican-dominated board.
JON HIATT, Gen. Counsel, Serv. Empl. I n t l . Union: We see P r o f e s s o r
Gould
as
being someone who, w h i l e c e r t a i n l y n o t p r o - l a b o r , a t l e a s t w i l l n o t e x h i b i t the
same k i n d of pro-management b i a s t h a t we've seen f o r t h e p a s t many y e a r s .
BEHOF: Gould's l i s t o f s u p p o r t e r s i n c l u d e s dozens o f lawyers r e p r e s e n t i n g
agement. Gould has mediated more than 200 l a b o r d i s p u t e s . He's s i d e d w i t h
�PAGE
21
Moneyline, October 14, 1993
management h a l f t h e t i m e . C l i n t o n w i l l f i l l two o t h e r s e a t s on t h e f i v e member
krd a l o n g w i t h t h e g e n e r a l c o u n s e l ' s j o b . Those opposing Gould f o r chairman
f i f t h e y l o s e t h a t b a t t l e , t h e y ' l l be back, l o b b y i n g f o r a t l e a s t one
o-business c a n d i d a t e f o r those o t h e r p o s i t i o n s . K a t h l e e n Behof, CNN Business
News, Chicago.
f
DOBBS: And coming up next here on Moneyline - t h e p r e s i d e n t ' s second-in-command
at Treasury, Roger Altman, w i l l be t a l k i n g about t h e economy, h e a l t h care
r e f o r m , NAFTA, and o t h e r major issues on t h i s economy.
Stay w i t h us.
[Commercial b r e a k ]
The p r e c e d i n g t e x t has been p r o f e s s i o n a l l y t r a n s c r i b e d . However, a l t h o u g h
t h e t e x t has been checked a g a i n s t an audio t r a c k , i n o r d e r t o meet r i g i d
d i s t r i b u t i o n and t r a n s m i s s i o n d e a d l i n e s , i t has n o t y e t been p r o o f r e a d a g a i n s t
videotape.
LANGUAGE: ENGLISH
LOAD-DATE-MDC: October 15,
1993
�PAGE
28
LEVEL 1 - 15 OF 49 STORIES
Copyright
October
1993 R e u t e r s , L i m i t e d
8, 1993, F r i d a y , BC c y c l e
SECTION: F i n a n c i a l Report.
LENGTH: 99 words
HEADLINE: NAM OPPOSES U.S. LABOR BOARD NOMINEE WILLIAM GOULD
DATELINE: WASHINGTON, OCT 8
BODY:
The N a t i o n a l A s s o c i a t i o n o f M a n u f a c t u r e r s s a i d i t opposeid c o n f i r m a t i o n o f
W i l l i a m Gould
as chairman o f t h e N a t i o n a l Labor R e l a t i o n s Board.
Gould, a law p r o f e s s o r and p r o f e s s i o n a l a r b i t r a t o r , was nominated by
P r e s i d e n t C l i n t o n t o head t h e NLRB, which a c t s on u n f a i r
labor
relations
complaints.
"NAM's opposition i s premised on Prof. Gould's e x t e n s i v e w r i t i n g s ... that
advocate r e p e a l or s u b s t a n t i a l change of the law would be o b l i g a t e d to uphold
and administer i f confirmed," the business group wrote the Senate Labor and
Human Resources Committee, which must a c t on Gould's nomination.
LANGUAGE: ENGLISH
^^^D-DATE-MDC: October 9,
1993
�PAGE
LEVEL 1 - 16 OF
Copyright
SECTION: NEWS; Pg.
LENGTH: 766
49 STORIES
1993 The C h r o n i c l e P u b l i s h i n g
The San F r a n c i s c o C h r o n i c l e
OCTOBER
2,
1993,
29
Co.
SATURDAY, FINAL EDITION
A6
words
HEADLINE: Pro-Union NLRB Nominee T e l l s GOP
BYLINE: C a r o l y n Lochhead, C h r o n i c l e
H e ' l l be
Fair
Washington Bureau
DATELINE: Washington
BODY :
S t a n f o r d law p r o f e s s o r
W i l l i a m Gould IV, nominated by t h e C l i n t o n
a d m i n i s t r a t i o n t o be t h e f i r s t b l a c k chairman of the N a t i o n a l
Labor
Relations
Board, underwent a s u s t a i n e d g r i l l i n g y e s t e r d a y by Senate Republicans on h i s
pro-union views.
The b r e a d t h o f R e p u b l i c a n o p p o s i t i o n remained u n c l e a r , however. Nancy
Kassebaum, r a n k i n g m i n o r i t y member on t h e Labor and Human Resources Committee,
was i l l and c o u l d not a t t e n d y e s t e r d a y ' s c o n f i r m a t i o n h e a r i n g , but she sent a
s t a t e m e n t d e s c r i b i n g Gould's ideas as ' ' q u i t e t r o u b l i n g . ' ' An aide s a i d he
expects a c t i v e R e p u b l i c a n o p p o s i t i o n but s a i d many members are s t i l l s t u d y i n g
Gould's r e c o r d . A Senate v o t e has not y e t been scheduled.
•
The g r e a t - g r a n d s o n of s l a v e s , Gould was f l a n k e d a t h i s c o n f i r m a t i o n hearing
ore t h e committee by s u p p o r t e r s Dianne F e i n s t e i n and Barbara Boxer,
C a l i f o r n i a ' s two Democratic S e n a t o r s ; R e p r e s e n t a t i v e Anna Eshoo, D-Palo A l t o ;
and W i l l i a m Clay, D - M i s s o u r i , a member of the C o n g r e s s i o n a l Black Caucus.
PROMISES IMPARTIALITY
Gould, 56, t o l d t h e committee t h a t h i s f a m i l y h e r i t a g e shaped h i s view of the
law ''as a s i g n i f i c a n t v e h i c l e t o d i m i n i s h i n e q u i t y and u n f a i r n e s s i n our
s o c i e t y . ' ' But he promised c r i t i c s t h a t d e s p i t e h i s p r o - l a b o r views, he would be
i m p a r t i a l and not use h i s p o s i t i o n as a p l a t f o r m from which t o e f f e c t r a d i c a l
changes i n l a b o r law, as management groups f e a r .
An independent, q u a s i - j u d i c i a l agency, the l a b o r r e l a t i o n s board oversees
union e l e c t i o n s and i n v e s t i g a t i o n s of u n f a i r l a b o r p r a c t i c e s . With i t s broad
j u r i s d i c t i o n over t h e w o r k p l a c e , t h e board i s c l o s e l y watched by both organized
l a b o r and management groups. The C l i n t o n a d m i n i s t r a t i o n i s expected t o o b t a i n a
2 - t o - l v o t i n g m a j o r i t y on t h e board, which management groups f e a r w i l l t i l t i t s
d e c i s i o n s i n f a v o r of o r g a n i z e d l a b o r . Unions, f o r t h e i r p a r t , say t h e board had
a s t r o n g management b i a s under R e p u b l i c a n a d m i n i s t r a t i o n s .
Gould s a i d h i s l o n g e x p e r i e n c e as an a r b i t r a t o r w i l l a l l o w him ' ' t o r e s o l v e
c o n f l i c t s . . . i n a f a i r and even-handed manner w i t h i n t h e l i m i t s of the law as
e s t a b l i s h e d by Congress.'' A member of t h e p r e s t i g i o u s N a t i o n a l Academy of
A r b i t r a t o r s s i n c e 1970, when he became one of i t s youngest members, Gould s a i d
the b u l k of h i s d i s p u t e r e s o l u t i o n s have come down on management's s i d e .
�PAGE
The
3
C
San F r a n c i s c o C h r o n i c l e , OCTOBER 2, 1993
Democrats extended l a v i s h p r a i s e f o r Gould's noted academic and p r o f e s s i o n a l
o r d and s a i d he would b r i n g f a i r n e s s and balance t o t h e l a b o r r e l a t i o n s
rd.
REPUBLICANS HAVE DOUBTS
But R e p u b l i c a n s , l e d by Utah's O r r i n Hatch, q u e s t i o n e d Gould's s u p p o r t f o r
s t r i k e r - r e p l a c e m e n t l e g i s l a t i o n , which would p r o h i b i t companies from h i r i n g
permanent replacement workers d u r i n g a s t r i k e , and h i s advocacy o f r e p l a c i n g
r e g u l a r u n i o n e l e c t i o n s w i t h ''card checks'' i n which t h e number o f cards
employees s i g n i s used t o i n d i c a t e t h e i r p r e f e r e n c e f o r a u n i o n .
Q u o t i n g Gould's l a t e s t book, ''Agenda f o r Reform,'' Hatch g r i l l e d Gould
e x t e n s i v e l y on s e v e r a l o f h i s more c o n t r o v e r s i a l views, i n c l u d i n g t h e idea t h a t
workers s h o u l d be denied t h e r i g h t t o r e s i g n from a u n i o n d u r i n g a s t r i k e . ''You
might w e l l t i p t h e s c a l e away from v o l u n t a r i s m i n f a v o r o f u n i o n s o l i d a r i t y , ' '
Hatch s a i d .
Gould, c i t i n g former Chief J u s t i c e Warren Burger i n h i s defense, s a i d he
b e l i e v e s t h a t ' ' m a j o r i t y r u l e s h o u l d govern'' d u r i n g a s t r i k e , when ''union
concern over s o l i d a r i t y reaches i t s z e n i t h . ' ' But he promised Hatch t h a t he
would c o n t i n u e t o uphold c u r r e n t law, which a l l o w s a u n i o n member t o q u i t t h e
union a t any t i m e .
Hatch s a i d t h a t he w i l l s u p p o r t Gould's n o m i n a t i o n d e s p i t e h i s r e s e r v a t i o n s ,
and t h a t h i s o b j e c t was t o p u t Gould's views on t h e r e c o r d .
VIEWS PLEASE MANAGEMENT
_ Management groups a r e g e n e r a l l y pleased, however, by Gould's view t h a t
workers s h o u l d t a k e g r e a t e r p a r t i n worker-management committees. ''The workers
ought t o know more about t h e way i n which t h e business t h a t t h e y ' r e employed i n
o p e r a t e s , ' ' he s a i d . ''That's t h e o n l y way we can have good, c o n s t r u c t i v e
r e l a t i o n s h i p s and t h a t i n my judgment i s t h e b e s t way t h a t American i n d u s t r y can
be c o m p e t i t i v e . ' '
Gould has been a p r o f e s s o r o f law a t S t a n f o r d U n i v e r s i t y s i n c e 1972. He
r e c e i v e d h i s law degree from C o r n e l l Law School i n 1961 and s t u d i e d comparative
l a b o r law a t t h e London School o f Economics i n 1962. He has r e p r e s e n t e d both
management and o r g a n i z e d l a b o r , and has r e s o l v e d more t h a n 200 l a b o r d i s p u t e s
s i n c e 1965. I n 1990 and 1991, he served as chairman o f t h e C i t y and County o f
San F r a n c i s c o Task Force on C o l l e c t i v e B a r g a i n i n g , a p p o i n t e d by former Mayor A r t
Agnos.
GRAPHIC: PHOTO,WILLIAM GOULD , He would be f i r s t b l a c k chairman
HAFALIA, THE CHRONICLE
LANGUAGE: ENGLISH
LOAD-DATE-MDC: October 2, 1993
, BY LIZ
�PAGE
3]
LEVEL 1 - 17 OF 49 STORIES
Copyright
1993 N a t i o n a l P u b l i c Radio
NPR
SHOW: ALL THINGS CONSIDERED
October
2, 1993, Saturday
LENGTH: 1015 words
HEADLINE: C l i n t o n Nominee Pleases Labor, T r o u b l e s Business
DATELINE: SAN FRANCISCO
BODY :
KATIE DAVIS, Host: The N a t i o n a l Labor R e l a t i o n s Board, o r NLRB, i s t h e
independent government agency t h a t a d m i n i s t e r s
l a b o r laws here. I t d e f i n e s
the r u l e s under which l a b o r and management o p e r a t e .
Yesterday, a Senate
committee opened h e a r i n g s i n t o P r e s i d e n t C l i n t o n ' s n o m i n a t i o n o f W i l l i a m Gould
[ s p ] , a prominent labor
law p r o f e s s o r , t o head the NLRB.
Gould has c a l l e d
f o r e x t e n s i v e changes t o t h e law, r e f o r m s t h a t c o u l d h e l p r e v i t a l i z e t h e union
movement. Organized l a b o r i s e n t h u s i a s t i c ; business i n t e r e s t s a r e wary.
NPR's E l a i n e K o r r y r e p o r t s from San F r a n c i s c o .
ELAINE KORRY, R e p o r t e r :
W i l l i a m Gould b r i n g s an i m p r e s s i v e resume t o
Washington. A law degree from C o r n e l l , 20 years t e a c h i n g
l a b o r law a t
S t a n f o r d , more f e l l o w s h i p s , h o n o r a r y degrees, and p u b l i c a t i o n s than one c o u l d
^ ^ t .
Professor
Gould has worked f o r t h e U n i t e d Auto Workers, and f o r
^ ^ ^ a g e m e n t , r e p r e s e n t i n g employers a t a New York law f i r m .
He's even done a
^ ^ K n t a t t h e N a t i o n a l Labor R e l a t i o n s Board.
Gould's c r i t i c s concede he has
s t e r l i n g r e c o r d , b u t t h e y ' r e t r o u b l e d by h i s views. J e f f r e y McGuiness [ s p ] i s
w i t h t h e Labor P o l i c y A s s o c i a t i o n , which r e p r e s e n t s major U.S. c o r p o r a t i o n s .
JEFFREY MCGUINESS, Labor P o l i c y Assoc.: W i t h Gould's n o m i n a t i o n , t h e C l i n t o n
a d m i n i s t r a t i o n seems t o sending a very s t r o n g message t h a t t h e balance we now
see i n t h e l a b o r laws should be upset, and t h a t what i s needed i s fundamental
l a b o r law r e f o r m .
KORP.Y: On t h e eve o f h i s n o m i n a t i o n , P r o f e s s o r
Gould p u b l i s h e d a book e n t i t l e d
Agenda f o r Reform, i n which he c a l l s f o r a o v e r a l l o f t h e n a t i o n ' s fundamental
l a b o r law, t h e 1935 N a t i o n a l Labor R e l a t i o n s Act.
McGuiness says business
i n t e r e s t s a r e w o r r i e d about Gould's advocacy.
Mr. MCGUINESS: What we- what we l i k e t o see i n board nominees i s someone t h a t
w i l l come i n t o t h e p o s i t i o n t h a t i s f a i r , i m p a r t i a l , n e u t r a l , t h a t doesn't have
an agenda o f some k i n d , t h a t doesn't have an axe t o g r i n d , and P r o f e s s o r
Gould, by p u b l i s h i n g t h i s book c a l l e d Agenda f o r Reform, he does have an axe
t o g r i n d , he does have an agenda t h a t he would l i k e t o pursue.
KORRY: I n h i s book, W i l l i a m Gould i s e x p l i c i t about h i s b e l i e f s .
He supports
l a b o r law r e f o r m t o ' f a c i l i t a t e t r a d e u n i o n o r g a n i z a t i o n and c o l l e c t i v e
bargaining.'
Gould b e l i e v e s i n i n d u s t r i a l democracy, and he f a v o r s 'a system
of checks and balances, where workers compete f o r j o b s , and management competes
f o r l a b o r . ' Gould f a v o r s j o b p r o t e c t i o n s f o r workers on s t r i k e , and he
p o r t s u n i o n c e r t i f i c a t i o n by s i g n a t u r e cards, r a t h e r than t h e c u r r e n t
�PAGE
«
32
N a t i o n a l P u b l i c Radio, October 2, 1993
tem o f s e c r e t b a l l o t e l e c t i o n s . C r i t i c s complain t h a t Gould's
nomination
an o u t r i g h t concession t o o r g a n i z e d l a b o r . Mark DeBanardo [ s p ] i s w i t h t h e
i o n ' s b i g g e s t law f i r m r e p r e s e n t i n g management.
MARK DEBANARDO, Labor Law A t t o r n e y : The N a t i o n a l Labor R e l a t i o n s A c t i s a f a i r
and balanced law.
The business community i s l i v i n g by those r u l e s , p l a y i n g by
those r u l e s .
You know, t h e r u l e s were f i n e , a l l o r g a n i z e d
l a b o r was
p r o s p e r i n g . Now t h e o r g a n i z e d
l a b o r has t r o u b l e s , they want t o change t h e
rules.
KORRY: T h i s year P r e s i d e n t C l i n t o n may a p p o i n t a m a j o r i t y o f new members t o t h e
N a t i o n a l Labor R e l a t i o n s Board. Under t h e l e a d e r s h i p o f W i l l i a m Gould,
DeBanardo f e a r s new r u l e s g o v e r n i n g
l a b o r r e l a t i o n s w i l l p u t a s t r a n g l e h o l d on
business.
Professor
Gould has d e c l i n e d i n t e r v i e w s pending h i s c o n f i r m a t i o n ,
but some o f h i s s u p p o r t e r s have argued t h e r e ' s a good reason why management
f a v o r s t h e s t a t u s quo.
CHARLES CRAVER, Labor Law P r o f e s s o r , George Washington Univ.: A t t h e present
t i m e , management i s much l e s s l i k e l y t o encourage changes i n t h e s t a t u t e becaus
they have c l e a r l y t h e upper hand.
KORRY: Charles Craver [ s p ] i s a l a b o r law p r o f e s s o r a t George Washington
U n i v e r s i t y . A t t h e o u t s e t , he says, t h e N a t i o n a l Labor R e l a t i o n s A c t was a f a i r
and balanced law.
I n 1935, a f t e r years o f government i n t e r v e n t i o n t o suppress
unions, Congress gave workers broad p r o t e c t i o n s t o o r g a n i z e and b a r g a i n
collectively.
But over t h e y e a r s , says Craver, many l a b o r law e x p e r t s have
r e c o g n i z e d t h e need f o r r e f o r m .
CRAVER: We're a l l t r y i n g t o do t h e same t h i n g - we're t r y i n g t o f i g u r e o u t
t o change an a c t t h a t i n 1935 s e t f o r t h some r i g h t s f o r workers, and from
•
1935 u n t i l 1993, both j u d i c i a l l y and l e g i s l a t i v e l y , we've seen almost n o t h i n g
but a c o n s t a n t e r o s i o n o f those r i g h t s .
KORRY: Union s u p p o r t e r s argue t h a t appointments t o t h e l a b o r board have always
been p o l i t i c a l .
They say f o r y e a r s , a Republican-dominated board has f a v o r e d
management, and t h e y welcome t h e l e a d e r s h i p W i l l i a m Gould w i l l b r i n g t o t h e
board.
But, t h e y say, he's no a p o l o g i s t f o r o r g a n i z e d
labor.
Peter Dunahue,
a c o n s u l t i n g economist f o r u n i o n s , p o i n t s t o Gould's l o n g r e c o r d as an
a r b i t r a t o r , who has mediated more t h a n 200 l a b o r d i s p u t e s .
PETER DUNAHUE, C o n s u l t i n g Economist: I t ' s i r o n i c , because a l o t o f employers see
him, when i t comes t o t h e n u t s and b o l t s , t h e day-to-day o f t h e process, t h a t
he's an e m i n e n t l y f a i r - m i n d e d person.
I f he has b i a s , I would t h i n k , i s t h a t he
p l a i n l y has a r e a l commitment t o workers' r i g h t s , and he's w i l l i n g t o speak f o r
those r i g h t s , even i n cases where i t i n v o l v e s coming up i n c o l l i s i o n w i t h
unions.
KORRY: W i l l i a m Gould's e a r l i e s t book exposed w h i t e t r a d e unions t h a t
d i s c r i m i n a t e d a g a i n s t b l a c k workers.
A t t h e t i m e , he was branded as a n t i - u n i o n .
Gould s u p p o r t e r s say he was n o t a n t i - u n i o n t h e n , nor i s he p r o - u n i o n now.
I n s t e a d , t h e y say, he has always been pro-worker.
Confirmation hearing f o r
W i l l i a m Gould c o n t i n u e next week. I n San F r a n c i s c o , I'm E l a i n e K o r r y .
�PAGE
I
N a t i o n a l P u b l i c Radio, October 2, 1993
he
The preceding t e x t has been p r o f e s s i o n a l l y t r a n s c r i b e d . However, i n order to
t r i g i d d i s t r i b u t i o n and t r a n s m i s s i o n d e a d l i n e s , i t has not been proofread
i n s t audio tape and f o r t h a t reason cannot be guaranteed as to the accuracy
s p e l l i n g or speakers' words.]
•
THE PRECEDING TEXT HAS BEEN PROFESSIONALLY TRANSCRIBED. I T HAS NOT YET,
HOWEVER, BEEN PROOFREAD AGAINST AUDIOTAPE AND MAY CONTAIN ERRORS.
LANGUAGE: ENGLISH
LOAD-DATE-MDC: October 4, 1993
�PAGE
34
LEVEL 1 - 1 8 OF 49 STORIES
Copyright
1993 N a t i o n a l P u b l i c Radio
NPR
SHOW: ALL THINGS CONSIDERED
October
2, 1993, Saturday
LENGTH: 1015 words
HEADLINE: C l i n t o n Nominee Pleases Labor, T r o u b l e s Business
DATELINE: SAN FRANCISCO
BODY:
KATIE DAVIS, Host: The N a t i o n a l Labor R e l a t i o n s Board, o r NLRB, i s t h e
independent government agency t h a t a d m i n i s t e r s
l a b o r laws h e r e . I t d e f i n e s
the r u l e s under which l a b o r and management o p e r a t e .
Y e s t e r d a y , a Senate
committee opened h e a r i n g s i n t o P r e s i d e n t C l i n t o n ' s n o m i n a t i o n o f W i l l i a m Gould
[ s p ] , a p r o m i n e n t l a b o r law p r o f e s s o r , t o head t h e NLRB.
Gould has c a l l e d
f o r e x t e n s i v e changes t o the law, r e f o r m s t h a t c o u l d h e l p r e v i t a l i z e t h e union
movement. Organized
l a b o r i s e n t h u s i a s t i c ; business i n t e r e s t s a r e wary.
NPR's E l a i n e K o r r y r e p o r t s from San F r a n c i s c o .
ELAINE KORRY, Reporter:
W i l l i a m Gould b r i n g s an i m p r e s s i v e resume t o
Washington. A law degree from C o r n e l l , 20 y e a r s t e a c h i n g
l a b o r law a t
S t a n f o r d , more f e l l o w s h i p s , h o n o r a r y degrees, and p u b l i c a t i o n s than one could
t.
Professor
Gould has worked f o r t h e U n i t e d Auto Workers, and f o r
^gement, r e p r e s e n t i n g employers a t a New York law f i r m .
He's even done a
n t a t t h e N a t i o n a l Labor R e l a t i o n s Board.
Gould's c r i t i c s concede he has a
•
s t e r l i n g r e c o r d , b u t t h e y ' r e t r o u b l e d by h i s views. J e f f r e y McGuiness [ s p ] i s
w i t h t h e Labor P o l i c y A s s o c i a t i o n , which r e p r e s e n t s major U.S. c o r p o r a t i o n s .
JEFFREY MCGUINESS, Labor P o l i c y Assoc.: With Gould's n o m i n a t i o n , t h e C l i n t o n
a d m i n i s t r a t i o n seems t o sending a very s t r o n g message t h a t t h e balance we now
see i n t h e l a b o r laws should be upset, and t h a t what i s needed i s fundamental
l a b o r law r e f o r m .
KORRY: On t h e eve o f h i s n o m i n a t i o n , P r o f e s s o r
Gould p u b l i s h e d a book e n t i t l e d
Agenda f o r Reform, i n which he c a l l s f o r a o v e r a l l o f t h e n a t i o n ' s fundamental
l a b o r law, t h e 1935 N a t i o n a l Labor R e l a t i o n s A c t . McGuiness says business
i n t e r e s t s a r e w o r r i e d about Gould's advocacy.
Mr. MCGUINESS: What we- what we l i k e t o see i n board nominees i s someone t h a t
w i l l come i n t o t h e p o s i t i o n t h a t i s f a i r , i m p a r t i a l , n e u t r a l , t h a t doesn't have
an agenda o f some k i n d , t h a t doesn't have an axe t o g r i n d , and P r o f e s s o r
Gould, by p u b l i s h i n g t h i s book c a l l e d Agenda f o r Reform, he does have an axe
t o g r i n d , he does have an agenda t h a t he would l i k e t o pursue.
KORRY: I n h i s book, W i l l i a m Gould i s e x p l i c i t about h i s b e l i e f s .
He supports
l a b o r law r e f o r m t o ' f a c i l i t a t e t r a d e u n i o n o r g a n i z a t i o n and c o l l e c t i v e
bargaining.'
Gould b e l i e v e s i n i n d u s t r i a l democracy, and he f a v o r s 'a system
of checks and balances, where workers compete f o r j o b s , and management competes
f o r l a b o r . ' Gould f a v o r s j o b p r o t e c t i o n s f o r workers on s t r i k e , and he
^ ^ ^ p o r t s u n i o n c e r t i f i c a t i o n by s i g n a t u r e cards, r a t h e r t h a n t h e c u r r e n t
�PAGE
N a t i o n a l P u b l i c Radio, October 2,
:
1993
stem o f s e c r e t b a l l o t e l e c t i o n s .
C r i t i c s complain t h a t Gould's
nomination
'an o u t r i g h t concession t o o r g a n i z e d l a b o r . Mark DeBanardo [ s p ] i s w i t h the
i o n ' s b i g g e s t law f i r m r e p r e s e n t i n g management.
MARK DEBANARDO, Labor Law A t t o r n e y : The N a t i o n a l Labor R e l a t i o n s Act i s a f a i r
and balanced law. The business community i s l i v i n g by those r u l e s , p l a y i n g by
those r u l e s . You know, t h e r u l e s were f i n e , a l l o r g a n i z e d
l a b o r was
p r o s p e r i n g . Now t h e o r g a n i z e d
l a b o r has t r o u b l e s , t h e y want t o change the
rules.
KORP.Y: T h i s year P r e s i d e n t C l i n t o n may a p p o i n t a m a j o r i t y o f new members t o the
N a t i o n a l Labor R e l a t i o n s Board. Under t h e l e a d e r s h i p o f W i l l i a m Gould,
DeBanardo f e a r s new r u l e s g o v e r n i n g
l a b o r r e l a t i o n s w i l l p u t a s t r a n g l e h o l d on
business.
Professor
Gould has d e c l i n e d i n t e r v i e w s pending h i s c o n f i r m a t i o n ,
but some o f h i s s u p p o r t e r s have argued t h e r e ' s a good reason why management
f a v o r s t h e s t a t u s quo.
CHARLES CRAVER, Labor Law P r o f e s s o r , George Washington Univ.: A t t h e p r e s e n t
t i m e , management i s much l e s s l i k e l y t o encourage changes i n t h e s t a t u t e because
they have c l e a r l y t h e upper hand.
KORRY: Charles Craver [ s p ] i s a l a b o r law p r o f e s s o r a t George Washington
U n i v e r s i t y . A t t h e o u t s e t , he says, the N a t i o n a l Labor R e l a t i o n s Act was a f a i r
and balanced law.
I n 1935, a f t e r years o f government i n t e r v e n t i o n t o suppress
unions, Congress gave workers broad p r o t e c t i o n s t o o r g a n i z e and b a r g a i n
collectively.
But over t h e y e a r s , says Craver, many l a b o r law e x p e r t s have
r e c o g n i z e d t h e need f o r r e f o r m .
If. CRAVER: We're a l l t r y i n g t o do t h e same t h i n g - we're t r y i n g t o f i g u r e out
t o change an a c t t h a t i n 1935 s e t f o r t h some r i g h t s f o r workers, and from
1935 u n t i l 1993, b o t h j u d i c i a l l y and l e g i s l a t i v e l y , we've seen almost n o t h i n g
but a c o n s t a n t e r o s i o n o f those r i g h t s .
KORRY: Union s u p p o r t e r s argue t h a t appointments t o t h e l a b o r board have always
been p o l i t i c a l .
They say f o r y e a r s , a Republican-dominated board has favored
management, and they welcome t h e l e a d e r s h i p W i l l i a m Gould w i l l b r i n g t o the
board.
But, t h e y say, he's no a p o l o g i s t f o r o r g a n i z e d
labor.
Peter Dunahue,
a c o n s u l t i n g economist f o r u n i o n s , p o i n t s t o Gould's long r e c o r d as an
a r b i t r a t o r , who has mediated more than 200 l a b o r d i s p u t e s .
PETER DUNAHUE, C o n s u l t i n g Economist: I t ' s i r o n i c , because a l o t o f employers see
him, when i t comes t o t h e n u t s and b o l t s , t h e day-to-day o f t h e process, t h a t
he's an e m i n e n t l y f a i r - m i n d e d person.
I f he has b i a s , I would t h i n k , i s t h a t he
p l a i n l y has a r e a l commitment t o workers' r i g h t s , and he's w i l l i n g t o speak f o r
those r i g h t s , even i n cases where i t i n v o l v e s coming up i n c o l l i s i o n w i t h
unions.
KORRY: W i l l i a m Gould's e a r l i e s t book exposed w h i t e t r a d e unions t h a t
d i s c r i m i n a t e d a g a i n s t b l a c k workers.
At t h e t i m e , he was branded as a n t i - u n i o n .
Gould s u p p o r t e r s say he was not a n t i - u n i o n t h e n , n o r i s he p r o - u n i o n now.
I n s t e a d , t h e y say, he has always been pro-worker.
Confirmation hearing f o r
W i l l i a m Gould c o n t i n u e n e x t week. I n San F r a n c i s c o , I'm E l a i n e K o r r y .
�PAGE
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N a t i o n a l P u b l i c Radio, October 2, 1993
#
e p r e c e d i n g t e x t has been p r o f e s s i o n a l l y t r a n s c r i b e d .
However, i n o r d e r t o
t r i g i d d i s t r i b u t i o n and t r a n s m i s s i o n d e a d l i n e s , i t has n o t been p r o o f r e a d
i n s t a u d i o t a p e and f o r t h a t reason cannot be guaranteed as t o t h e accuracy
s p e l l i n g o r speakers' words.]
THE PRECEDING TEXT HAS BEEN PROFESSIONALLY TRANSCRIBED. I T HAS NOT YET,
HOWEVER, BEEN PROOFREAD AGAINST AUDIOTAPE AND MAY CONTAIN ERRORS.
LANGUAGE: ENGLISH
LOAD-DATE-MDC: October 4, 1993
�PAGE
37
LEVEL 1 - 19 OF 49 STORIES
C o p y r i g h t 1993 Globe Newspaper Company
The Boston Globe
October
1, 1993, F r i d a y , C i t y
Edition
SECTION: ECONOMY; Pg. 69
LENGTH: 849 words
HEADLINE: C l i n t o n c h o i c e f o r l a b o r board draws
fire
BYLINE: By Meg V a i l l a n c o u r t , C o n t r i b u t i n g R e p o r t e r
BODY:
P r e s i d e n t C l i n t o n ' s nominee f o r chairman o f t h e N a t i o n a l Labor
Relations
Board i s r u n n i n g i n t o s t i f f o p p o s i t i o n from some o f t h e n a t i o n ' s b i g g e s t
companies, w h i c h a r e w o r r i e d t h a t he would t i l t p o l i c y t o o much t o w a r d l a b o r .
W i l l i a m Gould 4 t h , a S t a n f o r d law p r o f e s s o r and Boston n a t i v e , has w r i t t e n
e x t e n s i v e l y i n h i s 30 y e a r s i n academia. C o r p o r a t e c r i t i c s a r e u s i n g t h a t paper
t r a i l t o r a i s e q u e s t i o n s about Gould's q u a l i f i c a t i o n s f o r t h e p o s t .
"Our members a r e concerned because Gould's
l a t e s t book o f f e r s a b l u e p r i n t
f o r o v e r h a u l i n g t h e c o u n t r y ' s l a b o r laws," s a i d J e f f e r y McGuiness, p r e s i d e n t of
the Labor P o l i c y A s s o c i a t i o n , which r e p r e s e n t s 200 companies l i s t e d i n t h e
Fortune 500. "Judging him by h i s own words, we don't t h i n k he w i l l be f a i r and
even handed on t h e board."
u t o r g a n i z e d l a b o r i s r u s h i n g t o Gould's defense.
"For t h e p a s t 12 y e a r s t h e NLRB has s u p p o r t e d c o r p o r a t i o n s i n b l o c k i n g
workers from e x e r c i s i n g t h e i r r i g h t s , " s a i d Candice Johnson, n a t i o n a l
spokeswoman f o r t h e AFL-CIO. "Gould w i l l b r i n g balance back t o t h e board."
I n h i s l a t e s t book, "Agenda f o r Reform," Gould, 57, d e c l a r e s t h a t "unions are
t h e most e f f e c t i v e advocates o f employee i n t e r e s t s i n t h e w o r k p l a c e . "
C l i n t o n ' s p i c k i s scheduled t o appear today b e f o r e t h e Senate Labor and Human
Resources Committee. Gould d e c l i n e d t o d i s c u s s h i s views w h i l e t h e c o n f i r m a t i o n
process i s underway.
The Boston Globe, however, o b t a i n e d a copy o f t h e s t a t e m e n t Gould i s expected
t o g i v e b e f o r e t h e committee. I t reads i n p a r t : " I f c o n f i r m e d by t h e Senate . .
. my charge i s t o i n t e r p r e t e x i s t i n g law. The c r i t i c a l d i f f e r e n c e between
p r o f e s s o r Gould and chairman Gould i s t h a t i n t h e l a t t e r c a p a c i t y , my
r e s p o n s i b i l i t y . . . i s concerned s o l e l y w i t h t h e i n t e r p r e t a t i o n o f t h e law as
i t i s presently written."
Gould a l s o o u t l i n e s h i s t o p p r i o r i t i e s , which i n c l u d e : t o " s u b s t a n t i a l l y
d i m i n i s h p o l a r i z a t i o n " on t h e board, e x p e d i t e t h e h a n d l i n g o f cases, i n c r e a s e
i n f o r m a l d i s p u t e r e s o l u t i o n and h e l p i n c r e a s e u n a n i m i t y and i m p a r t i a l i t y by t h e
board.
Created i n 1935, t h e NLRB i s t h e c e n t r a l f e d e r a l agency f o r s e t t l i n g
erences between employers and t h e i r w o r k e r s . The five-member board
�PAGE
The
^ y n t e r p r e t s and a d m i n i s t e r s
3£
Boston Globe, October 1, 1993
f e d e r a l l a b o r laws.
I n d i v i d u a l companies a r e r e l u c t a n t t o speak on t h e r e c o r d a g a i n s t Gould
because t h e y f e a r he might h o l d t h e i r o p p o s i t i o n a g a i n s t them i n f u t u r e NLRB
cases. However, some o f t h e c o u n t r y ' s t o p companies a r e f i g h t i n g Gould's
nomination t h r o u g h i n d u s t r y groups l i k e t h e Labor P o l i c y A s s o c i a t i o n .
A s s o c i a t i o n members i n c l u d e D i g i t a l Equipment Corp. o f Maynard and
Lexington-based Raytheon Co., I n t e r n a t i o n a l Business Machines Corp., PepsiCo
Inc. and TRW I n c . The group c l a i m s t o r e p r e s e n t companies employing more than 11
p e r c e n t o f t h e n a t i o n ' s p r i v a t e employers.
The
White House denied Gould i s p r e j u d i c e d toward l a b o r .
"Of h i s p u b l i s h e d a r b i t r a t i o n cases, h a l f were d e c i d e d i n f a v o r o f management
and h a l f i n f a v o r o f unions," s a i d Thomas P. Glynn, deputy US s e c r e t a r y o f
labor.
"This i s t h e k i n d o f even-handedness t h a t has been l a c k i n g on t h e NLRB
for f a r t o o long."
Labor committee chairman Sen. Edward M. Kennedy i s a s t a u n c h s u p p o r t e r o f
Gould. But Democrats from Right-to-Work s t a t e s may j o i n R e p u b l i c a n c r i t i c s i n
q u e s t i o n i n g Gould's w r i t t e n o p i n i o n s .
I n p a r t i c u l a r , Gould's s t a t e m e n t s on u n i o n d i s c i p l i n e a r e being c h a l l e n g e d .
C r i t i c s charge he i s opposed t o a l l o w i n g workers t h e r i g h t t o r e s i g n t h e i r unior
membership. Gould's s u p p o r t e r s contend he would l i m i t r e s i g n a t i o n r i g h t s o n l y
d u r i n g t h e p e r i o d o f time c o n t r a c t s a r e a c t u a l l y being n e g o t i a t e d .
His views on r e p l a c i n g s t r i k e r s a l s o a r e under s c r u t i n y . Opponents c l a i m he
Id undermine c u r r e n t r u l e s a l l o w i n g employers t o h i r e permanent replacements
f o r s t r i k i n g w o r k e r s . I n h i s book, Gould says t h e c u r r e n t r u l e i s "badly
f l a w e d , " b u t he c l e a r l y s t a t e s any change must be made by Congress and n o t
t h r o u g h t h e NLRB.
Gould's c r i t i c s a r e c l o s e l y r e a d i n g h i s every w r i t t e n l i n e i n search f o r
a l a r m i n g o p i n i o n s t h a t might b r i n g down h i s n o m i n a t i o n . A s i m i l a r approach
t o p p l e d L a n i G u i n i e r , C l i n t o n ' s c h o i c e t o head t h e J u s t i c e Department's c i v i l
r i g h t s d i v i s i o n . Gould's p r o p o n e n t s , however, note t h a t two major business
groups, t h e Chamber o f Commerce and t h e N a t i o n a l A s s o c i a t i o n o f Manufacturers,
are n o t opposing Gould's appointment.
Gould has a r b i t r a t e d more t h a n 200 l a b o r d i s p u t e s and worked as a s t a f f
a t t o r n e y f o r t h e U n i t e d Auto Workers e a r l y i n h i s c a r e e r . He belonged t o a union
o n l y once - when as a s t u d e n t , he worked one summer f o r a u t i l i t y company.
A s p e c i a l i s t i n employment d i s c r i m i n a t i o n , Gould would be t h e f i r s t black
chairman o f t h e NLRB. H i s namesake and g r e a t - g r a n d f a t h e r was a s l a v e who came t c
Boston from N o r t h C a r o l i n a aboard a Union s h i p d u r i n g t h e C i v i l War. As a c h i l d ,
Gould l i v e d i n Dedham. He's a l s o a f a n a t i c Red Sox f a n .
Gould was nominated by C l i n t o n i n J u l y . He would r e p l a c e chairman James
Stephens, who was named t o t h e board by P r e s i d e n t Reagan. Stephens w i l l remain
on t h e board as a member u n t i l h i s term e x p i r e s i n 1995.
�PAGE
The Boston Globe, October 1, 1993
^gAPHIC: PHOTO, W i l l i a m Gould 4 t h Has worked as UAW a t t o r n e y
^^GUAGE: ENGLISH
LOAD-DATE-MDC: October 2,
1993
39
�PAGE
4C
LEVEL 1 - 20 OF 49 STORIES
Copyright
September
1993 The Times M i r r o r Company
Los Angeles Times
30, 1993, Thursday, Home E d i t i o n
SECTION: P a r t A; Page 5; Column 3; N a t i o n a l Desk
LENGTH: 543 words
HEADLINE: UNIONS HOPE NEW MEASURES WILL AID ORGANIZING EFFORTS
BYLINE: By HARRY BERNSTEIN, SPECIAL TO THE TIMES
BODY:
Organized l a b o r i s p i n n i n g hopes on an e f f o r t t o r e f o r m f e d e r a l l a b o r law t o
h e l p stem a d e c l i n e i n u n i o n membership, which has dropped t o under 12% o f t h e
p r i v a t e - s e c t o r work f o r c e , from 35% i n t h e mid-1950s.
Unions a r e weaker today than a t any t i m e s i n c e a d o p t i o n o f t h e N a t i o n a l Labor
R e l a t i o n s A c t i n 1935, b u t o f f i c i a l s say t h e y hope t h a t t h e C l i n t o n
A d m i n i s t r a t i o n w i l l push f o r new laws t h a t w i l l h e l p t h e i r o r g a n i z i n g e f f o r t s .
Union o f f i c i a l s say t h e y a r e encouraged by P r e s i d e n t C l i n t o n ' s appointment o f
S t a n f o r d law p r o f e s s o r W i l l i a m Gould t o head t h e N a t i o n a l Labor R e l a t i o n s
Board. Among o t h e r p r o p o s a l s ,
Gould has suggested t h a t i f a m i n o r i t y o f
workers i n a p l a n t v o t e f o r u n i o n r e p r e s e n t a t i o n , t h a t m i n o r i t y should be able
t o e s t a b l i s h a b a r g a i n i n g u n i t . Under c u r r e n t r u l e s , u n i o n r e p r e s e n t a t i o n can
:e p l a c e o n l y i f a m a j o r i t y o f t h e workers v o t e f o r i t .
•
: ^BACKGROUND: The massive u n i o n - o r g a n i z i n g d r i v e s o f t h e 1930s were aided by
the passage o f f e d e r a l l a b o r laws t h a t ensured unions access t o workers and
e s t a b l i s h e d f e d e r a l o v e r s i g h t o f r e p r e s e n t a t i o n e l e c t i o n s . By t h e 1960s,
employers began c o u n t e r a t t a c k i n g w i t h t h e h e l p o f a t t o r n e y s who d i s c o v e r e d ways
t o unhinge o r g a n i z i n g campaigns. I n some cases, companies found t h e y c o u l d f i r e
p r o - u n i o n workers and mount i n t i m i d a t i n g a n t i - u n i o n campaigns y e t s u f f e r
r e l a t i v e l y few p e n a l t i e s .
A f t e r Democrat Jimmy C a r t e r was e l e c t e d P r e s i d e n t , one o f t h e most i n t e n s i v e
g r a s s - r o o t s campaign ever waged by l a b o r pushed tougher l e g i s l a t i o n a g a i n s t such
p r a c t i c e s t h r o u g h t h e House i n 1977.
The package was k i l l e d by a five-week f i l i b u s t e r l e d by Republican s e n a t o r s .
That ended s e r i o u s e f f o r t s a t l a b o r law r e f o r m u n t i l C l i n t o n ' s e l e c t i o n .
PROPOSALS: The c u r r e n t e f f o r t does n o t match t h e 1977 campaign, b u t w i t h some
e x c e p t i o n s , t h e p r o p o s a l s a r e s i m i l a r t o those proposed 16 years ago. I f t h e
reforms a r e enacted t h i s t i m e , t h e y w i l l be t h e f i r s t major r e v i s i o n s o f b a s i c
l a b o r laws s i n c e t h e passage o f t h e L a n d r u m - G r i f f i n A c t i n 1959.
The unions want i n c r e a s e d p e n a l t i e s a g a i n s t v i o l a t o r s o f l a b o r law. They a l s o
want t o speed cases t h r o u g h t h e NLRB i n o r d e r t o p r e v e n t repeated d e l a y s t h a t
can a l l o w employers t o i n t e n s i f y t h e i r f i g h t s a g a i n s t u n i o n r e p r e s e n t a t i o n .
One p r o p o s a l would r e q u i r e t h a t a r e p r e s e n t a t i o n e l e c t i o n must be conducted
i n 30 days o f t h e workers' p e t i t i o n f o r a v o t e . Another would g r a n t
•
�PAGE
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Los Angeles Times, September 30, 1993
mediate r e c o g n i t i o n o f t h e u n i o n i f more than 50% o f t h e workers s i g n cards
i n g t h e y wanted a u n i o n .
Even a f t e r a u n i o n wins an e l e c t i o n , a c o n t r a c t agreement can t a k e years t o
achieve. N e a r l y 40% o f unions never r e c e i v e a f i r s t c o n t r a c t a f t e r w i n n i n g an
e l e c t i o n . Employers who do not b a r g a i n " i n good f a i t h " v i o l a t e c u r r e n t s t a t u t e s
but enforcement p e n a l t i e s are m i n i m a l . Unions want l e g i s l a t i o n r e q u i r i n g f i r s t
c o n t r a c t s t o be s u b m i t t e d t o b i n d i n g a r b i t r a t i o n i f n e g o t i a t i o n s s t a l l .
Gould and o t h e r s are a l s o c a l l i n g f o r a b i l l t h a t would g i v e u n i o n s e a s i e r
access t o w o r k e r s on an employer's p r o p e r t y d u r i n g o r g a n i z i n g campaigns.
OUTLOOK: The o u t l o o k f o r passage o f any o f t h e measures i s u n c l e a r . A b i l l
has a l r e a d y passed t h e House o u t l a w i n g the permanent replacement o f s t r i k e r s ,
but the GOP i s t h r e a t e n i n g a f i l i b u s t e r t o b l o c k i t i n t h e Senate.
LANGUAGE: ENGLISH
�PAGE
LEVEL 1 - 21 OF 49 STORIES
Copyright 1993 The C h r i s t i a n Science P u b l i s h i n g
The C h r i s t i a n Science Monitor
September
13, 1993,
Society
Monday
SECTION: EDITORIAL; Pg. 18
LENGTH: 455 words
HEADLINE: Labor i n Balance
BODY:
ONE o f John Kenneth G a l b r a i t h ' s e a r l i e r and more i n f l u e n t i a l
books was e n t i t l e d ''American C a p i t a l i s m : The Concept o f
C o u n t e r v a i l i n g Power.'' I n i t , t h e Harvard economist d e a l t w i t h t h e
t h e s i s t h a t t h e power o f B i g Business and B i g Labor o f f s e t each
o t h e r , w i t h t h e government a c t i n g as a r e f e r e e and a c o u n t e r v a i l i n g
force i t s e l f .
To o r g a n i z e d l a b o r , t h e Reagan and Bush governments were no
l o n g e r n e u t r a l , b u t an a l l y o f management. Thus t h e balance o f
power was u p s e t , damaging e q u i t y . Union power, a l r e a d y c h a l l e n g e d
by t h e s h i f t w i t h i n t h e economy from i n d u s t r y t o s e r v i c e
a c t i v i t i e s , s h r i v e l e d f u r t h e r . Trade-union membership d e c l i n e d from
about 35 p e r c e n t o f t h e work f o r c e i n 1955 t o around 16 p e r c e n t
today. The AFL-CIO has l o s t some o f i t s c l o u t i n Congress.
Now, w i t h a Democratic a d m i n i s t r a t i o n t a k i n g o f f i c e i n
h i n g t o n , l a b o r s h o u l d g e t f a i r e r t r e a t m e n t . Corporate
_ agement, which has had something c l o s e t o c a r t e blanche t o r u n
roughshod over u n i o n s , w i l l have t o be more c a r e f u l i n i t s l a b o r
r e l a t i o n s . For a decade o r so, union b u s t e r s h i r e d by management
have s k i r t e d t h e law w i t h near i m p u n i t y .
As one remedy, P r e s i d e n t C l i n t o n has nominated
W i l l i a m Gould I V ,
a S t a n f o r d law p r o f e s s o r , as chairman o f t h e N a t i o n a l Labor
R e l a t i o n s Board, which e n f o r c e s t h e n a t i o n ' s l a b o r laws. Mr. Gould
has s p e l l e d out h i s hopes f o r r e i n v i g o r a t i n g t h e NLRB and l a b o r
r e l a t i o n s i n g e n e r a l i n a new book, ''Agenda f o r Reform: The F u t u r e
of Employment R e l a t i o n s h i p s and t h e Law.'' He wants t h e NLRB t o ask
f o r more c o u r t i n j u n c t i o n s a g a i n s t s e r i o u s v i o l a t i o n s o f l a b o r law
by employers b e f o r e cases a r e dragged t h r o u g h t h e agency's l e n g t h y
appeals process. He wants t h e board t o o r d e r employers t o b a r g a i n
w i t h a u n i o n t h a t has l e s s than 50 p e r c e n t o f worker s u p p o r t i n a
company i f management has committed i l l e g a l p r a c t i c e s t h a t d e p r i v e d
the u n i o n o f a m a j o r i t y .
The AFL-CIO won't l i k e a l l o f Gould's
general w i t h h i s nomination.
plans, but i s delighted i n
A second element t h a t s h o u l d r e s t o r e some balance t o l a b o r
r e l a t i o n s i s t h e law passed by t h e House t o p r o h i b i t employers from
h i r i n g permanent replacements f o r u n i o n members who s t r i k e . T h i s
comes up f o r debate i n t h e Senate t h i s month w i t h Republicans
omising a f i l i b u s t e r . Organized l a b o r has cleaned up i t s a c t
42
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The C h r i s t i a n
Science M o n i t o r , September 13, 1993
eno
ormously i n t h e p a s t 20 y e a r s , r i d d i n g i t s e l f o f c o r r u p t u n i o n s
behaving more r e s p o n s i b l y i n r e g a r d t o work r u l e s . I t deserves
t e r t r e a t m e n t a t t h e hand o f t h e law.
Republicans s t a n d i n danger o f becoming seen as t h e p a r t y o f
management and t h e p r i v i l e g e d i f a f i l i b u s t e r succeeds. T h a t ' s n o t
a p o l i t i c a l l y good p l a c e t o s t a n d when t h e r e a l income o f most
employees i s s t i l l d e c l i n i n g .
LANGUAGE: ENGLISH
LOAD-DATE-MDC: September 12, 1993, Sunday
4:
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OF 49 STORIES
Copyright 1993 The C h r i s t i a n Science P u b l i s h i n g S o c i e t y
The C h r i s t i a n Science Monitor
September
SECTION: EDITORIAL; Pg.
13, 1993, Monday
18
LENGTH: 4 55 words
HEADLINE: Labor i n Balance
BODY:
ONE of John Kenneth G a l b r a i t h ' s e a r l i e r and more i n f l u e n t i a l
books was e n t i t l e d ''American C a p i t a l i s m : The Concept o f
C o u n t e r v a i l i n g Power.'' I n i t , t h e Harvard economist d e a l t w i t h t h e
t h e s i s t h a t t h e power o f B i g Business and B i g Labor o f f s e t each
o t h e r , w i t h t h e government a c t i n g as a r e f e r e e and a c o u n t e r v a i l i n g
force i t s e l f .
To organized labor, the Reagan and Bush governments were no
longer n e u t r a l , but an a l l y of management. Thus the balance of
power was upset, damaging equity. Union power, already challenged
by the s h i f t w i t h i n the economy from • industry to s e r v i c e
a c t i v i t i e s , s h r i v e l e d f u r t h e r . Trade-union membership d e c l i n e d from
about 35 percent of the work force i n 1955 to around 16 percent
today. The AFL-CIO has l o s t some of i t s c l o u t i n Congress.
Now, w i t h a Democratic a d m i n i s t r a t i o n t a k i n g o f f i c e i n
hington, labor should get f a i r e r treatment. Corporate
agement, which has had something c l o s e t o c a r t e blanche t o r u n
•
roughshod over u n i o n s , w i l l have t o be more c a r e f u l i n i t s l a b o r
r e l a t i o n s . For a decade or so, u n i o n b u s t e r s h i r e d by management
have s k i r t e d t h e law w i t h near i m p u n i t y .
As one remedy, P r e s i d e n t C l i n t o n has nominated W i l l i a m Gould IV,
a S t a n f o r d law p r o f e s s o r , as chairman o f t h e N a t i o n a l
Labor
R e l a t i o n s Board, which e n f o r c e s t h e n a t i o n ' s l a b o r laws. Mr.
Gould
has s p e l l e d o u t h i s hopes f o r r e i n v i g o r a t i n g t h e NLRB and
labor
r e l a t i o n s i n g e n e r a l i n a new book, ''Agenda f o r Reform: The F u t u r e
of Employment R e l a t i o n s h i p s and t h e Law.'' He wants t h e NLRB t o ask
f o r more c o u r t i n j u n c t i o n s a g a i n s t s e r i o u s v i o l a t i o n s o f l a b o r law
by employers b e f o r e cases are dragged t h r o u g h t h e agency's l e n g t h y
appeals p r o c e s s . He wants t h e board t o o r d e r employers t o b a r g a i n
w i t h a u n i o n t h a t has l e s s t h a n 50 p e r c e n t o f worker s u p p o r t i n a
company i f management has committed i l l e g a l p r a c t i c e s t h a t d e p r i v e d
the u n i o n of a m a j o r i t y .
The AFL-CIO won't l i k e a l l of
general w i t h h i s nomination.
Gould's
p l a n s , but i s d e l i g h t e d i n
A second element that should r e s t o r e some balance to labor
r e l a t i o n s i s the law passed by the House to p r o h i b i t employers from
h i r i n g permanent replacements for union members who s t r i k e . T h i s
comes up for debate i n the Senate t h i s month with Republicans
^ ^ ^ m i s i n g a f i l i b u s t e r . Organized labor has cleaned up i t s a c t
�PAGE
The C h r i s t i a n
Science M o n i t o r , September 13, 1993
ormously i n t h e p a s t 20 y e a r s , r i d d i n g i t s e l f o f c o r r u p t u n i o n s
behaving more r e s p o n s i b l y i n r e g a r d t o work r u l e s . I t deserves
t e r t r e a t m e n t a t t h e hand o f t h e law.
Republicans s t a n d i n danger o f becoming seen as t h e p a r t y o f
management and t h e p r i v i l e g e d i f a f i l i b u s t e r succeeds. That's n o t
a p o l i t i c a l l y good p l a c e t o s t a n d when t h e r e a l income o f most
employees i s s t i l l d e c l i n i n g .
LANGUAGE: ENGLISH
LOAD-DATE-MDC: September 13, 1993, Monday
45
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AC
LEVEL 1 - 23 OF 49 STORIES
C o p y r i g h t 1993 Gannett Company, I n c .
GANNETT NEWS SERVICE
September
1, 1993, Wednesday
LENGTH: 790 words
HEADLINE: MANY IN LABOR MOVEMENT STILL UNSURE ABOUT CLINTON
BYLINE: JERRY MOSKAL; Gannett News S e r v i c e
DATELINE: WASHINGTON
BODY:
What u n i o n l e a d e r s t h o u g h t would be a l a b o r o f l o v e w i t h a Democratic
a d m i n i s t r a t i o n has become a l i t a n y o f s t r a i n e d r e l a t i o n s h i p s .
From c l a s h e s over t h e N o r t h America Free Trade Agreement t o l a b o r ' s demands
for s t r o n g e r s u p p o r t f o r l e g i s l a t i o n banning s t r i k e r r e p l a c e m e n t , unions and the
White House so f a r a r e f i n d i n g a common bond e l u s i v e .
But b u s i n e s s , academic and l a b o r e x p e r t s c a u t i o n i t ' s s t i l l t o o e a r l y i n t h e
game t o gauge how w e l l unions a r e f a r i n g s i n c e P r e s i d e n t C l i n t o n took o f f i c e .
They s a i d more t i m e i s needed b e f o r e a r e p o r t c a r d i s i s s u e d .
" I don't see t h e s u p p o r t f o r unions i n t h i s a d m i n i s t r a t i o n t h a t we've seen i r
past Democratic a d m i n i s t r a t i o n s , " s a i d Dale B r i c k n e r , a s s o c i a t e d i r e c t o r o f
h i g a n S t a t e U n i v e r s i t y ' s School o f Labor and I n d u s t r i a l R e l a t i o n s .
However, he s a i d , "The j u r y i s s t i l l
reading y e t . "
o u t . We d o n ' t have a p a r t i c u l a r l y good
Such u n i o n l e a d e r s as AFL-CIO P r e s i d e n t Lane K i r k l a n d agree. As t h e t r a d e
union movement prepares t o c e l e b r a t e t h e Labor Day weekend, K i r k l a n d s a i d ,
unions a r e n ' t ready t o w r i t e o f f t i e s t o P r e s i d e n t C l i n t o n o r t h e Democratic
Party.
K i r k l a n d s a i d t h e union movement i s f a r b e t t e r o f f now t h a n under former
P r e s i d e n t Bush, a Republican.
He s a i d he judges "an a d m i n i s t r a t i o n on where i t stands and what i t proposes,
By and l a r g e , t h e i r ( C l i n t o n a d m i n i s t r a t i o n ) appointments have been v e r y good.
We have had adequate o p p o r t u n i t i e s t o express our v i e w s . "
Even though C l i n t o n has l e n t s t r o n g s u p p o r t f o r NAFTA d e s p i t e u n i o n
o p p o s i t i o n , K i r k l a n d s a i d t h a t i s n o t enough t o cause t h e l a b o r movement t o
abandon him. He noted t h a t unions have had disagreements w i t h o t h e r Democratic
a d m i n i s t r a t i o n s , i n c l u d i n g those o f John Kennedy and Lyndon Johnson.
While K i r k l a n d s a i d C l i n t o n s h o u l d be judged on a l l i s s u e s o f i n t e r e s t t o
l a b o r , W i l l i a m Bywater, p r e s i d e n t o f t h e 140,000-member I n t e r n a t i o n a l Union of
E l e c t r o n i c , E l e c t r i c a l , S a l a r i e d , Machine and F u r n i t u r e Workers, s a i d C l i n t o n
may l o s e h i s u n i o n ' s backing i n 1996 over NAFTA.
�PAGE
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"Upset i s n ' t t h e word t o d e s c r i b e how I f e e l , " Bywater s a i d i n a telephone
e r v i e w Wednesday w h i l e t r a v e l i n g i n Pennsylvania. "I'm j u s t t o t a l l y p i s s e d
. I'm g o i n g t o do e v e r y t h i n g I can t o d e f e a t i t . "
He s a i d many o t h e r l a b o r l e a d e r s , whom he d i d n ' t i d e n t i f y by name, backed h i s
p o s i t i o n . He s a i d he would a d v i s e h i s members t o v o t e a g a i n s t any p o l i t i c a l
c a n d i d a t e who v o t e s f o r r a t i f i c a t i o n o f NAFTA, i n c l u d i n g C l i n t o n .
"This i s g o i n g t o be an a l b a t r o s s around P r e s i d e n t C l i n t o n ' s neck and t h e
whole Democratic P a r t y , " Bywater s a i d . "My members a r e angry. I w i l l recommend
t o my members t h e y don't s u p p o r t any c a n d i d a t e who s u p p o r t s NAFTA, and t h a t
i n c l u d e s everybody who s u p p o r t s t h e agreement."
A l t h o u g h he expressed d i s a p p o i n t m e n t w i t h t h e f a i l u r e o f t h e Senate t o muster
enough v o t e s t o break a f i l i b u s t e r t o t a k e up s t r i k e r replacement l e g i s l a t i o n ,
Bywater s a i d i t was n o t C l i n t o n ' s f a u l t .
" I c a n ' t blame t h e White House on s t r i k e r replacement," he s a i d . "They a r e
t r y i n g . I ' l l g i v e t h a t t o them. I t ' s i n t h e Senate, t h i s f i l i b u s t e r . "
J e f f McGuinness, p r e s i d e n t o f t h e Labor P o l i c y A s s o c i a t i o n , composed o f t h e
300 l a r g e s t companies i n t h e U n i t e d S t a t e s , s a i d i t was f a r t o o e a r l y t o judge
how t h e l a b o r movement i s f a r i n g under C l i n t o n .
"As f a r as l a b o r i s concerned, i t ' s p r o b a b l y a f u n c t i o n o f t h e Labor
Department t a k i n g so long t o g e t o r g a n i z e d , " he s a i d . " I would imagine once t h i s
new team i s c o m p l e t e l y i n p l a c e , they (unions) w i l l f a r e much b e t t e r than i n th
t few y e a r s . I'm g l a d t h e y ' r e t a k i n g as much t i m e as t h e y have."
He s a i d t h e l a b o r movement scored a major v i c t o r y when W i l l i a m Gould, a
•
S t a n f o r d U n i v e r s i t y l a b o r law p r o f e s s o r , was named chairman o f t h e N a t i o n a l
Labor R e l a t i o n s Board.
Gould has s a i d he i n t e n d s t o make major changes i n how t h e NLRB operates.
Labor l e a d e r s have blamed t h e board f o r s t i f l i n g u n i o n o r g a n i z a t i o n e f f o r t s .
"An NLRB f a v o r a b l y i n c l i n e d toward t h e unions can do much more f o r unions
t h r o u g h i n t e r p r e t a t i o n o f l a b o r laws than e n a c t i n g any s t r i k e r replacement
l e g i s l a t i o n , " McGuinness s a i d . "These (union) t e a r s b e i n g shed here a r e
c r o c o d i l e t e a r s because t h e y seem t o be g e t t i n g what they want."
Another p l u s w o r k i n g i n t h e l a b o r movement's c o r n e r i s t h e Commission on t h e
Future o f Worker/Management R e l a t i o n s c h a i r e d by former Labor S e c r e t a r y John
Dunlop. The commission i s expected t o make recommendations f o r l a b o r lav/ reform
t h a t many f e e l w i l l be w e i g h t e d h e a v i l y i n t h e f a v o r o f u n i o n s .
" I t h i n k t h e o p p o r t u n i t i e s f o r unions t o g e t p o l i c y changes have improved,"
s a i d George M i l k o v i c h , a C o r n e l l U n i v e r s i t y l a b o r and i n d u s t r i a l r e l a t i o n s
p r o f e s s o r . " I t h i n k t h e recommendations t h e (Dunlop) commission makes w i l l be
very i m p o r t a n t t o l a b o r . "
LANGUAGE: ENGLISH
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LEVEL 1 - 24 OF 49 STORIES
Copyright
September
1993 The Times M i r r o r Company
Los Angeles Times
1, 1993,
Wednesday, Home E d i t i o n
SECTION: P a r t A; Page 5; Column 1 ; N a t i o n a l Desk
LENGTH: 798 words
HEADLINE: PRO-UNION LABEL WON'T FIT CLINTON;
HE HAS HELPED WORKERS SOME, BUT NAFTA SUPPORT MAKES HIM LESS OF A BARGAIN.
BYLINE: By HARRY BERNSTEIN, SPECIAL TO THE TIMES
BODY:
Unions may have t o s e t t l e f o r a q u a r t e r o f a l o a f from P r e s i d e n t C l i n t o n as
they seek h i s h e l p t o press t h e i r program f o r workers and t r y t o renew t h e i r owr
d i m i n i s h e d s t r e n g t h . But, somewhat as t h e o l d s a y i n g goes, a q u a r t e r o f a l o a f
i s b e t t e r t h a n none.
Unions f a r e d p o o r l y d u r i n g t h e Ronald Reagan and George Bush a d m i n i s t r a t i o n s ,
so they worked hard t o h e l p e l e c t C l i n t o n , who r e l i e d h e a v i l y on them i n h i s
p r e s i d e n t i a l campaign.
He a l r e a d y has helped them some, but i n t e r v i e w s w i t h u n i o n l e a d e r s and
A d m i n i s t r a t i o n o f f i c i a l s i n d i c a t e t h a t he i s not t h e k i n d o f openly p r o - u n i o n
P r e s i d e n t t h e y want.
•
The most n o t a b l e example i n v o l v i n g what might be c a l l e d l a b o r ' s b i g - t i c k e t
o r i t i e s i s i t s f a i l u r e t o get C l i n t o n ' s backing i n i t s f i g h t against the
North American Free Trade Agreement n e g o t i a t e d by t h e Bush A d m i n i s t r a t i o n . I t i s
f u r i o u s l y opposed by l a b o r , which i s d e m o n s t r a t i n g across t h e c o u n t r y and
l o b b y i n g i n Congress.
The unions contend t h a t t h e proposed t r a d e agreement would mean a l o s s o f
hundreds o f thousands o f U.S. j o b s and would depress wages i n t h i s c o u n t r y . They
a l s o have j o i n e d e n v i r o n m e n t a l i s t s f i g h t i n g NAFTA on grounds t h a t i t w i l l r e s u l t
i n i n c r e a s e d p o l l u t i o n o f a i r and water.
AFL-CIO P r e s i d e n t Lane K i r k l a n d summed up l a b o r ' s f e a r s when he s a i d , "NAFTA
i s a way t o b r i n g peonage t o Americans." Labor i s p r e d i c t i n g a l o s s o f 500,000
jobs.
Labor S e c r e t a r y Robert B. Reich, speaking f o r t h e P r e s i d e n t , c o u n t e r e d t h a t
unions "are j u s t p l a i n wrong." He p r e d i c t s t h a t NAFTA w i l l add w e l l - p a y i n g jobs
t o t h i s c o u n t r y and t h a t p o s s i b l e l a b o r and e n v i r o n m e n t a l problems can be
s o l v e d . The U n i t e d S t a t e s , Mexico and Canada r e c e n t l y approved s i d e agreements
t h a t p r e s c r i b e p e n a l t i e s f o r v i o l a t i o n s o f wage and e n v i r o n m e n t a l laws.
C l i n t o n seems t o be l o s i n g t h e NAFTA f i g h t . Some i n s i s t t h a t he i s not r e a l l y
pushing i t because he does not want a knock-down b a t t l e w i t h l a b o r .
On another f r o n t , t h e A d m i n i s t r a t i o n i s backing a b i l l t o f o r b i d t h e
£rmanent r e p l a c e m e n t o f s t r i k e r s — another b i g - t i c k e t i s s u e f o r unions. But
joer
on l e a d e r s f e a r t h a t , even though t h e measure has passed t h e House, C l i n t o n
�PAGE
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Los Angeles Times, September 1, 1993
^11 not fight for it in the Senate, where Minority Leader Bob Dole (R-Kan.) has
ned t h a t Republicans w i l l f i l i b u s t e r v i g o r o u s l y a g a i n s t i t . C l i n t o n d i d l i f t
f e d e r a l ban on h i r i n g a i r t r a f f i c c o n t r o l l e r s who were f i r e d f o r s t r i k i n g
our i n g t h e Reagan A d m i n i s t r a t i o n .
ur
Labor a l s o i s pushing f o r an i n c r e a s e i n t h e minimum wage, and t o t i e i t t o
i n f l a t i o n . C l i n t o n has p u t a b i l l t o do t h a t on h o l d f o r a t l e a s t a year as he
f i g h t s o t h e r b a t t l e s , a l t h o u g h he says he s t i l l wants i t passed.
Also d e l a y e d f o r a t l e a s t a year i s any move f o r comprehensive r e f o r m of
l a b o r law w h i l e t h e q u e s t i o n i s s t u d i e d by members o f a s p e c i a l 10-member
commission.
Because o f t h e i r q u a r r e l s w i t h C l i n t o n , unions a r e n o t as d e l i g h t e d about h i s
p r e s i d e n c y as t h e y were a t i t s o u t s e t , when K i r k l a n d s a i d , "Trade unions are
e x c i t e d and l o o k f o r w a r d t o t h e days ahead as ( t h e P r e s i d e n t ) a p p l i e s h i s
t a l e n t s t o t h e t a s k o f p u t t i n g Americans back t o work."
Despite u n i o n setbacks, t h e r e have been some g a i n s . A d m i n i s t r a t i o n o f f i c i a l s
f r e q u e n t l y c o n s u l t w i t h l a b o r l e a d e r s on major i s s u e s l i k e h e a l t h care reform
and on t h e i r quest t o w i n c o n g r e s s i o n a l a p p r o v a l o f A d m i n i s t r a t i o n - b a c k e d
measures such as t h e budget.
C l i n t o n a l s o has named a t l e a s t 10 u n i o n r e p r e s e n t a t i v e s t o key p o s i t i o n s i n
h i s A d m i n i s t r a t i o n . And he a p p o i n t e d S t a n f o r d law p r o f e s s o r W i l l i a m Gould IV
as chairman o f t h e N a t i o n a l Labor R e l a t i o n s Board. Gould i s a s t r o n g
supporter of c o l l e c t i v e bargaining.
•
On another m a t t e r of i n t e r e s t t o unions, C l i n t o n removed a r e q u i r e m e n t ,
osed by Bush, t h a t employers p o s t a n o t i c e s a y i n g t h a t workers a r e n o t
r e q u i r e d by law t o j o i n u n i o n s .
U n d e r l y i n g these s p e c i f i c i s s u e s , u n i o n l e a d e r s say t h e y a r e p a r t i c u l a r l y
concerned about t h e A d m i n i s t r a t i o n ' s a t t i t u d e toward t h e l a b o r movement.
Several l a b o r o f f i c i a l s s a i d t h e y s t i l l do n o t know what Reich r e a l l y meant
when he t o l d an i n t e r v i e w e r t h a t " t h e j u r y i s s t i l l o u t on whether t h e
t r a d i t i o n a l u n i o n i s necessary f o r t h e new workplace." Did he mean t h a t t h e r e i s
no p l a c e f o r t r a d i t i o n a l unions i n t h e f u t u r e ?
A Reich spokeswoman s a i d he meant t h a t labor-management c o o p e r a t i o n "works
w e l l i n some companies w i t h o u t u n i o n s , " and t h a t unions t h a t want t o c l i n g t o
a d v e r s a r i a l r e l a t i o n s may n o t be necessary.
She s a i d Reich has n o t decided whether he t h i n k s t h e "new workplace" o f
c o o p e r a t i o n works b e t t e r when a u n i o n i s p r e s e n t , as unions i n s i s t .
Reich may be c o n s i d e r i n g t h e f a c t t h a t 88% o f t h e p r i v a t e s e c t o r workplace i s
non-union, and he wants t o encourage l a b o r and management, w i t h o r w i t h o u t
unions, t o adopt c o o p e r a t i v e r e l a t i o n s h i p s t h a t g i v e workers a v o i c e i n company
decisions.
GRAPHIC: Photo, AFL-CIO P r e s i d e n t Lane K i r k l a n d , l e f t , and Labor S e c r e t a r y
Robert B. Reich d i f f e r on NAFTA's e f f e c t .
�PAGE
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NGUAGE: ENGLISH
5(
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5]
LEVEL 1 - 25 OF 49 STORIES
C o p y r i g h t 1993 Chicago T r i b u n e Company
Chicago T r i b u n e
August
29, 1993, Sunday, FINAL EDITION
SECTION: BUSINESS; Pg. 3; ZONE: C; Business books
LENGTH: 721 words
HEADLINE: Labor a d v i s e d t o change as w e l l as t r y t o change laws
BYLINE: Reviewed by Stephen F r a n k l i n , A T r i b u n e r e p o r t e r who c o v e r s l a b o r issues
BODY:
Agenda f o r Reform: The F u t u r e o f Employment R e l a t i o n s h i p s and t h e Law
By W i l l i a m B. Gould
MIT Press, $35, 320 pages
High on o r g a n i z e d l a b o r ' s l i s t o f i t s everyday t o r t u r e s a r e t h e n a t i o n ' s
l a b o r laws. Wipe away laws t h a t b i n d our hands, l a b o r l e a d e r s say, and watch
us soon r i s e o f f our backs.
But W i l l i a m Gould
i s n o t so s u r e a r e p e a l o f t h e most p r o - b u s i n e s s laws
w i l l r e t u r n t h e n a t i o n ' s unions t o o r g a n i z i n g heaven.
At t h e same t i m e , Gould,
a S t a n f o r d U n i v e r s i t y law p r o f e s s o r who was
e n t l y nominated by P r e s i d e n t C l i n t o n t o head t h e N a t i o n a l Labor R e l a t i o n s
Board, acknowledges s e r i o u s problems w i t h l a b o r laws t h a t impede both unions and
management.
The key t o h i s t h i n k i n g i s t h a t unions would have an u p h i l l c l i m b i n t h e U.S.
no m a t t e r what t h e laws say because o f t h e staunch a n t i - u n i o n p h i l o s o p h y o f
American b u s i n e s s .
Tack on some r e a l i t i e s about t h e American workplace - employers' d r i v e t o
r e s t r i c t u n i o n j o b s because o f t h e i r h i g h e r wages and b e n e f i t s , t h e s p l i n t e r i n g
of t h e work f o r c e i n t o s m a l l e r f a c i l i t i e s , t h e r i s e o f p a r t - t i m e workers,
immigrant w o r k e r s and o t h e r u n o r g a n i z e d workers - and you have a f o r m u l a f o r
union d e c l i n e , Gould says.
So, Gould a d v i s e s u n i o n l e a d e r s t o s t o p u s i n g t h e l a b o r laws as a "scapegoat"
and an " e x p l a n a t o r y c r u t c h f o r o t h e r more d i s c o m f o r t i n g f a c t o r s . " Make no
m i s t a k e , however, about h i s a l l e g i a n c e s o r h i s r e j e c t i o n o f h e a v i l y pro-business
l a b o r laws.
A former UAW a t t o r n e y , Gould c l e a r l y t h i n k s unions a r e c r i t i c a l t o workers
and American democracy. The sun w i l l s h i n e on unions a g a i n one day, he suggests.
Yet he doesn't l a y o u t a s t r o n g o r even o p t i m i s t i c case f o r t h e i r r e s u r r e c t i o n .
One o f o r g a n i z e d l a b o r ' s major problems i s i t s e l f .
Gould says:
�PAGE
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Chicago T r i b u n e , August 29, 1993
"They ( t h e u n i o n s ) must r i d themselves o f t h e l e t h a r g y and r a d i c a l l y
t r u c t u r e t h e i r o r g a n i z a t i o n s along t h e l i n e s o f e a r l y i n d u s t r i a l unions,
s, o f c o u r s e , i s u n l i k e l y t o happen u n l e s s some e x t e r n a l f o r c e , economic o r
e r w i s e , prods them t o do so."
•
On t h e o t h e r hand, he counts up t h e v a r i o u s l e g a l b a r r i e r s and dead ends
o r g a n i z e d l a b o r has f a c e d . E x c l u d i n g t h e Age D i s c r i m i n a t i o n A c t and Employment
R e t i r e m e n t Income S e c u r i t y A c t o f 1974, he says lawmakers and f e d e r a l c o u r t s
have o f f e r e d workers l i t t l e s o l a c e .
The p l a n t - c l o s i n g law o f 1988 i s an example o f l e g i s l a t i o n t h a t he says could
have h e l p e d w o r k e r s . I n s t e a d , t h e Worker Adjustment and R e t r a i n i n g N o t i f i c a t i o n
Act. i s so r i d d l e d w i t h l o o p h o l e s t h a t i t covers o n l y a t i n y percentage o f
workers, a c c o r d i n g t o Gould. A r e c e n t r e p o r t by t h e General A c c o u n t i n g O f f i c e
made a s i m i l a r argument.
Gould i s e q u a l l y on t h e s i d e o f b i g l a b o r when i t comes t o s t r i k e r
replacements. Ever s i n c e 1938, t h e c o u r t s and employers have r e l i e d upon t h e
Supreme C o u r t ' s r u l i n g i n t h e Mackay case t o uphold companies' power t o
permanently r e p l a c e workers i n s t r i k e s .
T h i s r u l i n g , says Gould, i s a throwback t o a d i f f e r e n t e r a i n l a b o r r e l a t i o n
and doesn't deserve t o e x i s t i n an age when American workers and employers
should c o o p e r a t e t o cope w i t h g r e a t e r c h a l l e n g e s t h a n ever be f o r e .
the
Indeed, Gould i s a f i r m b e l i e v e r i n union-managment c o o p e r a t i o n , and r e c i t e s
same mantra about i t s f a r - r e a c h i n g advantages t h a t P r e s i d e n t B i l l C l i n t o n
h i s a d m i n i s t r a t i o n so e a g e r l y chant across t h e c o u n t r y .
Because labor-management c o o p e r a t i o n i s so i m p o r t a n t , Gould says t h e NLRB's
laws should be changed t o e l i m i n a t e t h e u n c e r t a i n t y about employers' a s s i s t i n g
employees' p a r t i c i p a t i o n committees.
He o f f e r s t h e Supreme Court's December 1992 r u l i n g banning company-dominated
work committees, i n t h e case o f E l e c t r o m a t i o n , a s m a l l E l k h a r t , I n d . , company,
as a l o s t chance t o c l a r i f y new grounds f o r labor-management c o o p e r a t i o n .
There i s a p r i c e , he suggests, f o r l e t t i n g t h e c u r r e n t system l a n g u i s h , and
i t i s n o t o n l y p a i d by t h e u n i o n s and t h e i r s h r i n k i n g membership r o l l s . As long
as unions and businesses f i g h t o u t t h e i r d i s p u t e s w i t h o r w i t h o u t t h e
government's a s s i s t a n c e , they w i l l wind up c l o b b e r i n g each o t h e r , n o t t h e i r
common opponents.
And as l o n g as t h e reach o f c o l l e c t i v e b a r g a i n i n g fades, t h e government w i l l
have t o s t e p i n t o p r o t e c t workers w i t h such l e g i s l a t i o n as t h e Family Medical
Leave A c t , he says. T h i s s i t u a t i o n might have been a v o i d e d , he says, had t h e
unions' power n o t s l i p p e d so much.
GRAPHIC: PHOTO: ( W i l l i a m B.) Gould.
PHOTO: ("Agenda f o r Reform: The F u t u r e o f Employment R e l a t i o n s h i p s and t h e Law
By W i l l i a m B. Gould.)
�PAGE
Chicago T r i b u n e , August 29, 1993
NGUAGE: ENGLISH
D-DATE-MDC: 08-30-93
5:
�PAGE
54
LEVEL 1 - 26 OF 49 STORIES
C o p y r i g h t 1993 The Times M i r r o r Company
Los Angeles Times
August
15, 1993,
Sunday, Home E d i t i o n
SECTION: O p i n i o n ; P a r t M; Page 5; Column 1; Op-Ed Desk
LENGTH: 674 words
HEADLINE: COLUMN LEFT/ HARRY BERNSTEIN;
THE RIGHT MAN TO LEAD REFORM OF LABOR LAW;
BILL GOULD, PRAISED BY BOTH LABOR AND MANAGEMENT, IS BAD NEWS TO THE ANTI-UNION
FAR RIGHT.
BYLINE: By HARRY BERNSTEIN, Harry B e r n s t e i n was f o r many years The Times' l a b o r
writer.
BODY:
P r e s i d e n t C l i n t o n leaned o n l y s l i g h t l y t o t h e l e f t
S t a n f o r d law p r o f e s s o r W i l l i a m Gould IV as chairman
R e l a t i o n s Board.
by n o m i n a t i n g t h e moderate
o f t h e N a t i o n a l Labor
Yet h i s appointment, as n o n - c o n t r o v e r s i a l as i t s h o u l d be, has t r i g g e r e d
o p p o s i t i o n from some c o r p o r a t e e x e c u t i v e s and r i g h t - w i n g c o n g r e s s i o n a l
Republicans, who f e a r Gould may o r c h e s t r a t e o p p o s i t i o n t o t h e i r a t t e m p t s t o
c r e a t e a " u n i o n - f r e e environment" i n t h e U n i t e d S t a t e s .
The Senate s h o u l d q u i c k l y c o n f i r m Gould's n o m i n a t i o n and i g n o r e t h e f o r c e s
r e a c t i o n t h a t want t o e l i m i n a t e unions and l e t c o r p o r a t e moguls r u l e t h e i r
a i n s w i t h l i t t l e o r no " i n t e r f e r e n c e " from workers o r t h e i r u n i o n s .
B i l l Gould's opponents know t h a t w h i l e he s u p p o r t s t h e concepts o f
c o l l e c t i v e b a r g a i n i n g and unionism, he i s n ' t anti-management. I n f a c t , he p r i d e s
h i m s e l f on b e i n g n e u t r a l . A w i d e l y r e s p e c t e d l a b o r s c h o l a r , he i s p r a i s e d
o f t e n by b o t h s i d e s when he serves as an a r b i t r a t o r i n labor-management
d i s p u t e s . He w i l l be the f i r s t b l a c k t o head t h e NLRB, t h e p i v o t a l agency
e n f o r c i n g America's l a b o r laws.
With so many p l u s e s g o i n g f o r him, i t ' s a wonder why t h e r e have even been
h i n t s o f a R e p u b l i c a n e f f o r t t o k i l l h i s n o m i n a t i o n . The reason i s t h a t Gould
and o t h e r s who share h i s b e l i e f s want t o p u t an end t o t h e b l a t a n t a n t i - u n i o n
t a c t i c s o f many employers, t a c t i c s commonplace under t h e R e p u b l i c a n
a d m i n s t r a t i o n s o f P r e s i d e n t s Nixon, Ford, Reagan and Bush.
There i s no doubt t h a t Gould b e l i e v e s w e l l - r u n u n i o n s , chosen f r e e l y by
workers, have a v i t a l r o l e t o p l a y i n s o c i e t y . That k i n d o f t h i n k i n g i s n ' t
p o p u l a r i n many management c i r c l e s .
In h i s l a t e s t book, "Agenda f o r Reform," Gould d e c l a r e s t h a t "unions are the
most e f f e c t i v e advocates o f employee i n t e r e s t s i n t h e w o r k p l a c e . "
He a l s o argues t h a t unions e f f e c t i v e l y promote t h e i n t e r e s t o f a l l workers
and t h e i r f a m i l i e s on such i s s u e s as comprehensive m e d i c a l c a r e , i n c r e a s e s i n
inimum wages and expanded e d u c a t i o n o p p o r t u n i t i e s .
�PAGE
Los Angeles Times, August 15,
5:
1993
That k i n d o f m i l d l y p r o g r e s s i v e t h i n k i n g scares foes o f workers' r i g h t s , who
years have been a b l e t o depend on t h e weakness o f our l a b o r laws and a
e r a l l y p r o - b u s i n e s s , a n t i - u n i o n NLRB t o beat down workers and t h e i r unions.
America i s a l r e a d y l e s s u n i o n i z e d than any o t h e r major i n d u s t r i a l n a t i o n .
Unions today r e p r e s e n t o n l y 12% o f t h e n a t i o n ' s p r i v a t e - s e c t o r work f o r c e , down
from t h e 45% o r so t h e y r e p r e s e n t e d i n t h e 1950s.
One reason f o r t h a t d r a m a t i c d e c l i n e has been c o n s e r v a t i v e r u l i n g s by members
of t h e Republican-dominated NLRB. E q u a l l y d e s t r u c t i v e have been t h e seemingly
endless d e l a y s c o r p o r a t e lawyers can c r e a t e by f i g h t i n g t h e few board d e c i s i o n s
t h a t are not a n t i - u n i o n .
J u s t one example: L a s t June 22, t h e NLRB f i n a l l y opened c h a l l e n g e d b a l l o t s
from a u n i o n r e p r e s e n t a t i o n e l e c t i o n h e l d i n 1989. Corporate lawyers f o r a small
Pennsylvania mine waged a c o s t l y l e g a l b a t t l e f o r f o u r long years t o p r e v e n t
c o u n t i n g o f t h e c h a l l e n g e s . U l t i m a t e l y t h e NLRB agreed t o open t h e 13 challengec
b a l l o t s , a l l o f which went t o t h e u n i o n . But what a waste o f t i m e and money.
Now t h e U n i t e d Mine Workers o f America can l e g a l l y r e p r e s e n t those workers.
Yet t h a t doesn't end t h e p o s s i b i l i t y o f more company s t a l l i n g t o p r e v e n t t h e
workers from g e t t i n g a c o n t r a c t -- another reason why we need l a b o r - l a w reform,
as Gould advocates.
The law must be n e u t r a l i z e d by Congress and s t a t e c l e a r l y t h a t i n a f r e e
s o c i e t y , unions s h o u l d be an i n t e g r a l p a r t o f o u r economic system.
Gould p u t s some o f t h e blame on unions f o r t h e i r weakened s t a t u s , c o r r e c t l y
t e n d i n g t h a t t h e y don't put n e a r l y enough e f f o r t i n t o o r g a n i z i n g new members.
What r e a l l y i n f u r i a t e s h i s f o e s , though, a r e remarks l i k e t h i s , from h i s new
book: "The e x i s t e n c e o f a s t r o n g and independent t r a d e - u n i o n movement has an
important p u b l i c - p o l i c y f u n c t i o n i n a democratic s o c i e t y . "
I f he i s c o n f i r m e d , Gould and those who t h i n k as he does may d i m i n i s h t h e
power o f t h e r a b i d r i g h t - w i n g , a n t i - u n i o n f o r c e s . A l l t h e more reason, then,
t h a t t h e P r e s i d e n t must stand f i r m l y behind h i s NLRB nominee.
LANGUAGE: ENGLISH
�PAGE
5C
LEVEL 1 - 27 OF 49 STORIES
C o p y r i g h t 1993 The Bureau o f N a t i o n a l A f f a i r s ,
Inc.,DAILY
LABOR REPORT
JULY
1993
27, 1993
DLR 142 d6
LENGTH: 497 words
SECTION: CURRENT DEVELOPMENTS.
TITLE: CWA OFFICERS URGE CONVENTION DELEGATES TO ACHIEVE LABOR'S LEGISLATIVE
GOALS.
TEXT:
LAS V E G A S — R e f l e c t i n g on a year o f p o l i t i c a l v i c t o r y and major b a r g a i n i n g
accomplishments, o f f i c e r s o f t h e Communications Workers o f America urged
d e l e g a t e s t o t h e union's 5 5 t h annual c o n v e n t i o n here t o work t o g e t h e r t o achieve
o r g a n i z e d l a b o r ' s l e g i s l a t i v e g o a l s i n t h e months ahead.
The Democrats' r e t u r n t o t h e White House p r e s e n t s " t h e g r e a t e s t
o p p o r t u n i t y — p e r h a p s t h e l a s t o f our l i f e t i m e " t o achieve t h e g o a l s o f workers'
r i g h t s , CWA P r e s i d e n t Morton Bahr a s s e r t e d i n h i s keynote address J u l y 26.
"For t h e e n t i r e l a b o r movement, workers' r i g h t s must become t h e new human
r i g h t s f i g h t f o r t h e r e s t o f t h i s decade," he t o l d a c o n v e n t i o n h a l l crowded
w i t h some 3,200 d e l e g a t e s and g u e s t s . "We now have t h e b e s t o p p o r t u n i t y i n
ades t o r e s t o r e t h e balance i n w o r k e r s ' r i g h t s . "
Bahr urged r e p r e s e n t a t i v e s o f t h e 600,000-member u n i o n — o n e o f t h e most
a c t i v e p o l i t i c a l p l a y e r s i n o r g a n i z e d l a b o r — t o lobby f o r l a b o r ' s g o a l s : s t r i k e r
replacement l e g i s l a t i o n , a ban on e l e c t r o n i c m o n i t o r i n g , OSHA r e f o r m , and
n a t i o n a l h e a l t h care.
Bahr a l s o v o i c e d s t r o n g s u p p o r t f o r P r e s i d e n t C l i n t o n ' s c h o i c e o f S t a n f o r d
U n i v e r s i t y Law P r o f e s s o r W i l l i a m Gould t o head t h e N a t i o n a l Labor R e l a t i o n s
Board, s p e c i f i c a l l y c i t i n g Gould's p o s i t i o n i n f a v o r o f g r a n t i n g unions
b a r g a i n i n g r i g h t s w i t h o u t an e l e c t i o n when t h e y have m a j o r i t y s u p p o r t .
"We applaud P r o f e s s o r Gould's n o m i n a t i o n and w i l l
h i s c o n f i r m a t i o n by t h e Senate," Bahr s a i d .
work hard i n s u p p o r t o f
On C a p i t o l H i l l , Bahr s a i d , t h e u n i o n w i l l be p u s h i n g t o ward o f f an
a n t i c i p a t e d f i l i b u s t e r o f t h e Workplace F a i r n e s s B i l l (S 55) t h i s f a l l and
S e c r e t a r y - T r e a s u r e r Barbara E a s t e r l i n g urged d e l e g a t e s t o s u p p o r t t h e campaign.
Bahr r e f l e c t e d on t h e e m p l o y e r - l e d r a l l y a g a i n s t t h e l e g i s l a t i o n , sponsored
by t h e Chamber o f Commerce l a s t week, (134 DLR A - l l , 7/15/93), where M a j o r i t y
Leader Robert Dole (R-Kan) expressed optimism over another f i l i b u s t e r . Bahr s a i d
he was ready t o a t t a c k t h a t l e g i s l a t i v e maneuver as w e l l . He promised "a
n a t i o n w i d e e f f o r t t o r a l l y t h e American people t o f o r c e t h e next Senate, when i t
o r g a n i z e s i n January 1995, t o abandon t h i s undemocratic r u l e t h a t p e r m i t s
minority rule."
�
Dublin Core
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Title
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Michael Waldman
Description
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<p>Michael Waldman was Assistant to the President and Director of Speechwriting from 1995-1999. His responsibilities were writing and editing nearly 2,000 speeches, which included four State of the Union speeches and two Inaugural Addresses. From 1993 -1995 he served as Special Assistant to the President for Policy Coordination.</p>
<p>The collection generally consists of copies of speeches and speech drafts, talking points, memoranda, background material, correspondence, reports, handwritten notes, articles, clippings, and presidential schedules. A large volume of this collection was for the State of the Union speeches. Many of the speech drafts are heavily annotated with additions or deletions. There are a lot of articles and clippings in this collection.</p>
<p>Due to the size of this collection it has been divided into two segments. Use links below for access to the individual segments:<br /><a href="http://clinton.presidentiallibraries.us/items/browse?advanced%5B0%5D%5Belement_id%5D=43&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=2006-0469-F+Segment+1">Segment One</a><br /><a href="http://clinton.presidentiallibraries.us/items/browse?advanced%5B0%5D%5Belement_id%5D=43&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=2006-0469-F+Segment+2">Segment Two</a></p>
Creator
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Michael Waldman
Office of Speechwriting
Date
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1993-1999
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2006-0469-F
Extent
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Segment One contains 1071 folders in 72 boxes.
Segment Two contains 868 folders in 66 boxes.
Provenance
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Clinton Presidential Records: White House Staff and Office Files
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William J. Clinton Presidential Library & Museum
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Adobe Acrobat Document
Still Image
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paper
Dublin Core
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Title
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William Gould Press Clippings Since January 1993 [Binder] [1]
Creator
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Office of Speechwriting
Michael Waldman
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Box 16
<a href="http://clinton.presidentiallibraries.us/items/show/36403"> Collection Finding Aid</a>
<a href="https://catalog.archives.gov/id/7763296">National Archives Catalog Description</a>
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2006-0469-F Segment 1
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White House Staff and Office Files
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William J. Clinton Presidential Library & Museum
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Adobe Acrobat Document
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6/3/2015
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A related resource from which the described resource is derived
7763296
42-t-7763296-20060469F-Seg1-016-007-2015