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Starbucks Obstructing First Union Vote
in article , conservoZILLA at
wrote on 06/14/2004 11:17 PM:
> WHEN THE MOVIE PROJECTIONISTS WENT ON STRIKE THEY BROKE OUT Windows on
> MOVIE GOERS CARS AND SLASHED TIRES
Look, as I've said repeatedly, I have no sympathy for lawbreakers, whether
union or management. But, I've also said repeatedly that if there is
evidence to support your statement that "they" broke out windows and slashed
tires, that's not only a violation of Section 8(b)(1)(A) of the NLRA, but
also criminal activity that is fully prosecutable under local and/or state
laws, as well as Federal laws.
Does it happen? . . . Of course it happens. There are frequently some
loudmouths on picket lines, and some of them seem to get their ideas about
labor-management relations and tactics and laws from the movies. Macho
bravado plays just as big a part in such incidents as it does elsewhere in
life. Alcohol is a frequent contributor.
Was the union, or its officials, responsible? Did they encourage, or just
give a wink and a nudge to, such activity? . . . . That's what is needed, my
friend. To hold the union responsible for the actions of such oafs it is
necessary to show that the union actually did something that caused or
encouraged it. Just like you can't hold a corporation responsible for each
action of its employees, you can't hold a union responsible for each action
of any of its members. It's been my observation over the decades that
courts are especially harsh in dealing with such activity if there's proof
as to its causation.
So, I've got to ask, how do you know who did it? And how do you know that
those who did it were acting at the behest of, or with the knowledge of, the
union? If you claim to have personal knowledge, did you give it to the
authorities? If not, why not?
I've prosecuted thugs like you describe. And sent a few of them to jail.
I've also prosecuted and jailed some from the management side of the table.
Whatever side they're on, if there's evidence to back up the charges, it'll
be prosecuted. But neither hunches nor speculation nor a visceral response
will carry the day. Maybe a hard rule. But, evidence is what will
determine the outcome, and only the evidence. If you ain't got it, tough.
Just like everywhere else in life.
HH
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