Archive for the ‘Chamber of Commerce’ Category
Friday, September 18th, 2015
The U.S. Chamber of Commerce’s Institute for Legal Reform just released the latest version of the propaganda piece it started publishing in 2002. Entitled 2015 Lawsuit Climate Survey: Ranking the States, the report summarizes the answers of a “nationally representative sample of 1,203 in-house general counsel, senior litigators or attorneys, and other senior executives who are knowledgeable about litigation matters at companies with annual revenues over $100 million” who responded to what it calls a “survey.” The so-called “survey” does not, however, show what these people really think.
Everyone taking it knows that its purpose is – as it has been for the past 13 years – to give big business a basis to smear state court systems that aren’t pro-business enough as “judicial hellholes” and push all state courts to limit corporate liability for wrongdoing.
Even so, the answers provide some extraordinary information.
First, Corporate America’s representatives say that state courts are increasingly better for them. Consumer, worker, environmental, and civil rights advocates would agree. As the report says, in the 13 years since the so-called survey began, “there has been a general increase in the overall average score” given to state court systems by lawyers for big business – “and this trend continues with the 2015 survey.”
“From 2002-2006,” the report finds, “the overall score averaged approximately 52.9, whereas from 2007-2015, the score averaged approximately 59.6.” Chart 2 of the report gives the details and shows that the score given by big businesses’ lawyers to state court systems has gone up almost every year. In 2003, Corporate America’s lawyers gave the state courts a score of 50.7; in 2015, they gave them a score of 61.7.
Since this is supposed to be the views of one side in an adversarial system, wouldn’t a score close to 50 be ideal? The Chamber’s propaganda campaign (backed by corporate lobbying, campaign donations, and decisions like Citizens United) is plainly working. I understand that, in theory, a system perceived to be fair by all parties should get a score of 100 from everyone but, remember, this was a “survey” taken by specific people of specific people for a specific purpose: to push the state courts in the corporations’ favor. You could reasonably expect a court system that got a score of 100 from these participants to get a score of zero from lawyers trying to hold big businesses accountable for breaking the law.
Second, even in a “survey” designed and taken to show that the state courts are biased against big business, half of Corporate America’s lawyers say the state court liability systems overall are “excellent or pretty good.” Another 41% say the systems overall are “only fair.” I thought the goal was for them to all be “fair.” But perhaps that’s why I’m a public interest lawyer, not a lawyer for big business. Despite the reason for the “survey,” only 8% said the systems overall were “poor” (the last 1% was not sure or declined to answer).
In other words, despite what the “survey” is intended to show, it actually shows that the state court systems overall are viewed by Corporate America’s lawyers as significantly better for big businesses than they are for the people and companies suing them. Can you imagine the cries of bias we would hear if a survey showed legal services, consumer, and workers’ lawyers saying the courts were “excellent or pretty good” for them (much less “only fair”) in lawsuits against big business?
Third, Corporate America’s lawyers give grades between A and F to each of the state court systems and say where they do and don’t like to be sued. In a stunning and continuing display of arrogance, they actually include a map of the “Best to Worst Legal systems in America.” The map was apparently created in Bizarro World. They give As to 14% of the state courts, Bs to 38%, Cs to 27%, and Ds to 11%. In other words, even according to these “survey” respondents, 90% of the state court systems are passing. They give failing grades, Fs, to 5%. The other 5% were not sure or declined to answer. These answers, too, put the lie to Corporate America’s claims that state courts need to be more favorable to them. If anything, they show that many state courts are already far more favorable to big businesses than they are to those trying to hold big businesses accountable.
The “survey” respondents also took the time to tell us which states’ courts are the most, and least, favorable to Corporate America. The top five states, according to them, are Delaware (often called a subsidiary of DuPont), Vermont, Nebraska, Iowa, and New Hampshire. See any states in there with a lot of minorities and poor people who might not look kindly on big corporations abusing their power? The bottom five states, they say, are West Virginia, Louisiana, Illinois, California, and New Mexico. Ask yourself the same question. I question some of these rankings. Most plaintiffs’ lawyers would list the Texas state courts as one of the most pro-business in the nation. But maybe the state’s so big that they don’t want to admit that. The states they rank highest are all fairly small.
If you want to figure out which states have juries most likely to hold big corporations accountable, try reversing the order. These are the states the Chamber of Commerce regularly uses this “survey” to label “judicial hellholes.” In reality, however, a “hellhole” for corporations violating the law may be “heaven” for those seeking justice against businesses that cheat or injure consumers (for more on this, click here).
What we need in America are state and federal court systems that are fair – and biased in no one’s favor. Unfortunately, the Chamber of Commerce’s latest propaganda piece shows we are far from that goal and, for some time, things have been getting worse. Big businesses’ own lawyers say that state court systems have turned increasingly in Corporate America’s favor since the “survey” began.
This needs to stop. Our courts systems need to turn back to being even-handed. That’s the only way justice can be done.
This blog originally appeared on Public Justice on September 17, 2014. Reprinted with permission.
About the Author: Arthur H. Bryant, Chairman of Public Justice, has won major victories and established new precedents in several areas of the law, including constitutional law, toxic torts, civil rights, consumer protection, and mass torts. The National Law Journal has twice named him one of the 100 Most Influential Attorneys in America.
Wednesday, February 9th, 2011
WASHINGTON, D.C.—Many in the labor movement objected to President Barack Obama speaking at the Chamber of Commerce yesterday. Yet there was little protest from AFL-CIO leaders to the president’s speech.
For the first time, President Obama ventured over to the Chamber of Commerce to speak. While the speech was full of the usual platitudes of most Obama speeches, what mattered most was not what he said, but the speech’s symbolism. By speaking at the Chamber, President Obama was offering an olive branch to the very organization that has led attacks against him.
President Barack Obama speaks at the U.S. Chamber of Commerce on February 7 in Washington, D.C. He talked about the importance of working together on job creation and growing the economy. (Photo by Mark Wilson/Getty Images)
The president defended some of his regulatory agenda and tax policies. He also called on CEOs to create more jobs in America. But he made no mention of the Chamber’s tolerance of unionbusting policies that lead to nearly 30,000 reported cases of unfair labor practices against U.S. workers by companies every year.
The symbolism of the speech upset many in the labor community. Ralph Nader wrote an open letter to the President suggesting “What about walking next door and visiting your political friends at the headquarters of the AFL-CIO, whose member unions represent millions of working Americans? You can discuss with Richard Trumka, a former coal miner and the new president of the AFL-CIO, your campaign promises in 2008. Repeatedly you said to the American people that you supported the “card check” and a “federal minimum wage of $9.50 in 2011.”
The AFL CIO neither organized a protest of the president’s speech nor extended an invitation for the president to cross the street and speak at the AFL CIO headquarters (where Obama has never given a speech).
Two unions—the National Nurses Union/California Nurse Association (CNA) and the United Electrical, Radio, and Machine Workers of America (UE), though, did organize a protest of the president’s speech at the Chamber. Both unions, it should be noted, have traditionally been more politically independent of the Democratic Party. Both unions endorsed Ralph Nader in his 2000 presidential run (At that time the CNA hadn’t merged with other unions).
The AFL CIO refused requests to endorse the protest. Still, 75 union members and allies picketed the president’s speech, chanting “Hey Hey, Hoo Hoo, Union Busting Got To Go”! One labor union member, who wished to remain anonymous, told me afterward that “I feel like by protesting today, we at least salvaged the dignity of the labor movement.”
Following his mantra “The President doesn’t communicate well with me in the press,” AFL-CIO President Trumka refused to denounce President Obama in remarks on MSNBC. In fact, Trumka disagreed with IAM (machinists union) President Thomas Buffenbarger‘s remark that “this isn’t a truce with business. I think he capitulated.” Instead, Trumka defended the president’s speech. He also praised the selection of former JPMorgan Chase Director William Daley as Chief of Staff, suggesting his selection might make things better for organized labor.
Why is organized labor’s top leader so unwilling to criticize the Chamber of Commerce appearance?
One CNA official told me that the AFL CIO was hesitant to protest the Chamber as a result of their rare joint statement last month in which they endorsed increased spending on infrastructure program. The AFL CIO, it seems, is hoping that by teaming up with the Chamber, it has a better chance of seeing Congress pass funding to keep its members employed and its unions financially solvent and vibrant.
But I can’t help worrying that by teaming up with the Chamber of Commerce, the AFL-CIO is undermining energy the labor movement needs to win the war against the country’s business class.
*This post originally appeared in Working In These Times on February 8, 2011. Reprinted with permission.
About the Author: Mike Elk is a third-generation union organizer who has worked for the United Electrical, Radio, and Machine Workers, the Campaign for America’s Future, and the Obama-Biden campaign. He has appeared as a commentator on CNN, Fox News, and NPR, and writes frequently for In These Times, Huffington Post, Alternet, and Truthout.
Wednesday, November 24th, 2010
Real men, real human beings, with feelings and families, fought and died at Gettysburg to preserve the Union, to ensure, as their president, Abraham Lincoln, would say later, that “government of the people, by the people, for the people, shall not perish from the earth.”
Perversely, afterwards, non-humans commandeered the constitutional amendment intended to protect the rights of former slaves. Corporations wrested from the U.S. Supreme Court a decision based on the 14th Amendment asserting that corporations are people with rights to be upheld by the government – but with no counterbalancing human responsibilities to the republic. No duty to fight or die in war, for example. Earlier this year, the Supreme Court expanded those rights – ruling that corporations have a First Amendment free speech right to surreptitiously spend unlimited money on political campaigns.
Today, Lincoln would have to say America’s got a government of the people by the corporations, for the corporations.
The proposed trade agreement with South Korea illustrates corporate control of government for profit. It’s the same with efforts to revive the moribund trade schemes former President George W. Bush also negotiated with Panama and Colombia, the world’s most dangerous country by far for trade unionists, with 2,700 assassinated with impunity in the past two decades, 38 slain so far this year.
Nobody likes these trade deals – except corporations. They’re all modeled on the North American Free Trade Agreement (NAFTA) and the Central American Free Trade Agreement (CAFTA), both of which killed American jobs while giving corporations new authority to sue governments (read: taxpayers) for regulations – like environmental standards – that corporations contend interfere with their right to make money.
The Economic Policy Institute estimates that the South Korea so-called Free Trade Agreement (FTA) would cost America 159,000 jobs and enlarge its trade deficit by $16.7 billion in its first seven years.
Americans, now suffering though corporate-caused 9.6 percent unemployment, know a deal when they see one – and the South Korea FTA is not one. In a September poll by NBC News and the Wall Street Journal, 53 percent of Americans said so-called free trade agreements have injured the country. Only 17 percent said those trade schemes benefited the United States. Disgust with these deals spans party lines, including Tea Partiers, 61 percent of whom said they’re bad for America.
Many politicians, particularly Democrats, abhor the schemes as well. In July, just after President Obama announced that he would try to get the South Korea pact passed, 110 House Democrats described their disdain for the deal:
“We oppose specific provisions of the agreement in the financial services, investment, and labor chapters, because they benefit multi-national corporations at the expense of small businesses and workers.”
In addition, during this fall’s midterm election campaign, 205 candidates, Republican and Democrat, ran on platforms condemning job off-shoring and unfair trade, and house Democrats who ran on fair trade were three times as likely to survive the GOP “shellacking” as Democrats who supported so-called free trade schemes.
Significantly, the South Korean public and some South Korean politicians also oppose the trade proposal. In the week leading up to the G-20 meetings in Seoul, trade unionists, farmers, peasants and students filled the streets in marches and candle light vigils to express outrage with the proposed agreement, including its provisions giving U.S. corporations the right to challenge South Korean laws in private tribunals.
In October, 35 South Korean lawmakers joined 20 U.S. Representatives in writing President Obama and Korean President Lee Myunk-bak to protest the proposal.
Despite all that opposition, when Obama and Lee emerged from talks without an agreement, the American press, pundits and “analysts on both sides of the aisle,” described the situation as a major diplomacy failure, “a serious setback for the president.”
They were wrong. It wasn’t a setback for Obama. It was the president refusing to sign a bad deal for American workers.
It was, however, a humiliation for the U.S. Chamber of Commerce, which just spent at least $50 million from secret corporate donors to elect Republicans who will do its bidding. The South Korea deal is a priority for the Chamber. Here’s what Chamber senior vice president for international affairs Myron Brilliant told the New York Times after the South Korean negotiations broke down and Obama pledged to attempt to complete the deal over the following six weeks:
“This will be an early test for this president with the new Congress, particularly the House leadership.”
The “Brilliant” test is whether the president of the United States will comply with Chamber demands to complete trade deals that kill jobs and that Americans despise.
When Obama went to Seoul, Chamber President Thomas J. Donohue was there to, as he put it, help win the trade deal. He also was among 120 executives given exclusive access to international leaders including German Chancellor Angela Merkel and Russian President Dmitri A. Medvedev in a conference before the G-20 meeting.
The international organizers didn’t invite to the trade talks or the conference the students, farmers, environmental groups, organized labor and untold millions of individuals who oppose the so-called free trade deals. The human beings who will be hurt most by the trade deals didn’t get a seat at the table. The corporate-people who stand to gain everything did.
Brilliant’s comments express the corporate sense of entitlement. They spent tens of millions to get what they wanted from politicians to increase profits. Now they expect it to be delivered. It’s their recompense, their corporate reward.
If fatter profits mean fewer American jobs and wider trade deficits, that’s simply not a problem for corporations. That’s among the perks corporations got when the Supreme Court awarded them the privileges of personhood in America but none of the pesky personal and patriotic responsibilities of actual people in American society.
About The Author: Leo Gerard is the United Steelworkers International President. Under his leadership, the USW joined with Unite -the biggest union in the UK and Republic of Ireland – to create Workers Uniting, the first global union. He has also helped pass legislation, including the landmark Canadian Westray Bill, making corporations criminally liable when they kill or seriously injure their employees or members of the public.
Wednesday, February 3rd, 2010
Yesterday, the U.S. Chamber released a “nationwide poll,” which claimed to reveal the public’s fears about how the “Employee Free Choice Act” would hurt job growth.
If the Chamber really wanted to stir up some press on their reinvigorated anti-worker campaign, perhaps they should have picked a less-obviously right wing polling company to make their intentions appear less transparent. Although the sources of every dime of the $144.5K the Chamber spent last year on lobbying may be completely anonymous, the Republican client list of the Chamber’s partisan bent polling company
Voter/Consumer Research is not. Consider their list of clients:
Political – National Bush Cheney 2004 and Bush Cheney 200 || President George W. Bush || Republican National Committee (RNC) || National Republican Senatorial Committee || National Republican Congressional Committee || Mitt Romney for President
Political – States?Governor Don Carcieri || Governor Charlie Crist || Senator Mitch McConnell || Senator Kay Bailey Hutchison || Senator John Cornyn || Senator Richard Shelby || Congressman Mike Castle || Congressman Brett Guthrie
Corporations/Associations Wal-Mart || RJ Reynolds || Credit Union National Association || PhRMA || The Business Roundtable
Chamber Poll Neglects Truth, Sticks to Anti-Worker Rhetoric
It’s telling that the Chamber’s new poll also neglects to mention one of the most important aspects of labor reform: adding strict penalties for companies that break the law and intimidate or fire workers who want to form a union.
In the last 20 years, employer opposition to unionization has increased dramatically. Employers threaten to close plants and factories in 57 percent of union organizing drives and threaten to cut wages and benefits in 47 percent–while ultimately firing pro-union workers 34 percent of the time. Those are not good odds.
The authors of the poll say if employers and workers can’t reach an contract agreement in a reasonable amount of time, government bureaucrats will swoop in to mandate a binding agreement. This simply isn’t accurate. In arbitration, either side can bring in an independent, trained arbitrator to settle the dispute who both sides agree on. The bottom line is that arbitration encourages compromise, and no one has anything to fear from a process that is fair, neutral and promotes compromise instead of confrontation.
When confronted with legislation to improve American workers’ lives, the Chamber of Commerce invariably threatens economic ruin and rampant government control. This time, their fear hyperbole takes the form of this “Card Check Compromise” poll, which was writtenby and for people who want to keep the power to deny workers the choice of a union. The Chamber says their poll found little enthusiasm for various “compromise” proposals floated by labor supporters–but the only thing the Chamber is compromising away is workers’ interests, on behalf of the corporate special interests that pay them.
*This post originally appeared in SEIU Blog on February 2, 2009. Reprinted with permission from the author.
About the Author: Kate Thomas is a blogger, web producer and new media coordinator at the Service Employees International Union (SEIU), a labor union with 2.1 million members in the healthcare, public and property service sectors. Kate’s passions include the progressive movement, the many wonders of the Internet and her job working for an organization that is helping to improve the lives of workers and fight for meaningful health care and labor law reform. Prior to working at SEIU, Katie worked for the American Medical Student Association (AMSA) as a communications/public relations coordinator and editor of AMSA’s newsletter appearing in The New Physician magazine.
Tuesday, October 20th, 2009
Unions are popularly known as “the folks who brought you the weekend.” In contrast, the U.S. Chamber of Commerce has the distinction of trying to take away the weekend–along with overtime pay, the minimum wage, Buy America rules, workers’ freedom to form unions, child labor standards….The list is long and ugly.
So it’s farcical that today the Chamber launched a campaign estimated to run in the tens of millions of dollars to promote job creation.
The Chamber’s campaign originally started out as an attack against financial regulation–until the Chamber found out how strongly U.S. taxpayers support reining in Big Banks and the financial industry’s widespread shady practices. So the Chamber conveniently changed the packaging to purportedly focus on jobs, which in fact the American people desperately need.
Look at who accompanied the Chamber suits while they were announcing their Orweillian-named “free enterprise campaign.” As Sam Stein reported here:
Many of the individuals featured on Wednesday are long-standing donors to Republican candidates and groups that have fought efforts to enhance regulation. And, in one case, the business leader appearing alongside [Thomas] Donohue to decry the interference of government in the market place received business through the benefit of government contracts.
Yet, while millions of America’s workers struggle to find jobs in an economy where there are more than six workers searching for every one job, the Chamber repeatedly opposed extending unemployment insurance. Can’t have government interference in the marketplace, after all. Or aid to jobless workers. The same workers the Chamber’s smoke-and-mirrors campaign is supposed to be all about.
The Chamber also is joining with Big Banks and financial giants to try and kill a proposed agency that would protect U.S. consumers from being preyed upon by unscrupulous banks, mortgage lenders and many of the same financial institutions that helped create our nation’s economic disaster. The Obama administration’s proposed Consumer Financial Protection Agency, which this week is being considered in the House Financial Services Committee, would regulate products such as credit cards and home loans, while ensuring the U.S. Securities and Exchange Commission oversaw the $450 trillion “derivatives” market that sunk the world economy.
The Chamber is spending $2 million in attack ads, claiming that the new agency would hamstring even your local butcher from extending you credit for a week. It’s the same sorry effort at deception and outright lies that the health insurance industry now is trying to pull in the debate over health care reform. Tell enough lies and hope someone believes you.
As President Obama said in response to the Chamber’s distortion:
“We’ve made clear that only businesses that offer financial services would be affected by this agency. I don’t know how many of your butchers are offering financial services,” Obama said to laughter.
The Chamber is so twisted up in deception it seems unable to even provide accurate membership numbers. Writing in Mother Jones this week, David Corn points to a big discrepancy between the Chamber’s public membership numbers and reality.
In testimony before Congress, statements to the press, and on its website, the Chamber claims to represent “3 million businesses of all sizes, sectors, and regions.” In reality, the number is probably closer to 200,000.
Not sure if the 200,000 includes Apple Inc., Pacific Gas & Electric and the other giant corporations that recently have pulled their membership from the Chamber because of its draconian stand on climate change.
The Chamber’s so-called “free enterprise” campaign has been tried before. After World War II, the National Association of Manufacturers led a similar such effort. That campaign to sell capitalism to U.S. consumers incurred the derision of no less than the editors of Fortune magazine, who found similar sentiments among business executives represented on the boards of the business associations that supposedly represented them.
In dismissing the campaign as ludicrous, one such executive described it this way:
The best way we can demonstrate the importance of Free Enterprise is to make it work.
It’s clearly not working now. And although the Chamber may try to wrap itself in the shiny trappings of a feel-good campaign, its repeated attacks on consumers and workers demonstrate who the Chamber stands for: Wall Street not Main Street.
This post originally appeared in Campaign for America’s Future on October 15, 2009. Reprinted with permission by the author.
About the Author: Richard L. Trumka was elected AFL-CIO president in September 2009. He served as AFL-CIO secretary-treasurer since 1995. Born in Nemacolin, Pa., on July 24, 1949, Trumka was elected to the AFL-CIO Executive Council in 1989. At the time of his election to the secretary-treasurer post, he was serving his third term as president of the Mine Workers (UMWA). At the UMWA, Trumka led two major strikes against the Pittston Coal Co. and the Bituminous Coal Operators Association. The actions resulted in significant advances in employee-employer cooperation and the enhancement of mine workers’ job security, pensions and benefits.