SIMPLE.
IT IS ABOUT WORKER FREEDOM.
IN A FREE COUNTRY BLESSED WITH
FREE SPEECH, WHY SHOULDN’T OUR
WORKFORCE BE FREE TO CHOOSE ON A
LEVEL PLAYING FIELD WHETHER THEY
WANT UNION DUES AND RULES OR
WHETHER THEY WANT COMPLETE RIGHT
TO WORK FREEDOM?
SO, HERE TO COMMENT, WHO KNOWS A
THING OR TWO ABOUT ALL THIS,
FORMER LABOR SECRETARY EUGENE
SCALIA.
GREAT TO SEE YOU, SIR.
I WANT TO FOCUS OR START WITH
THIS PRO ACT BECAUSE I DON’T SEE
THIS AS PRO-GROWTH.
I SEE THIS AS ANTI-WORKER
FREEDOM.
YOUR TAKE?
>> WELL, LARRY, FIRST IT IS
GREAT TO JOIN YOU.
I’M, CONGRATULATE YOU ON YOUR
NEW SHOW, DISCUSS TERRIFIC.
LARRY: THANK YOU.
>> LOOK, IT IS A VERY, VERY
SERIOUS PIECE OF LEGISLATION.
IT WOULD BE THE LARGEST CHANGE
IN AMERICAN LABOR EMPLOYMENT LAW
IN NEARLY 75 YEARS.
LARGE PARTS OF IT ARE INTENDED
TO REVERSE LOSSES THAT UNION
LEADERS EXPERIENCED AT THE U.S.
SUPREME COURT.
FOR EXAMPLE, ONE SUPREME COURT
DECISION THAT SAYS THAT WHEN A
UNION HAS A GRIEVANCE WITH ONE
COMPANY, IT CAN’T GO OUT AND
STRIKE OTHER COMPANIES THAT
SUPPLY IT.
THEY WANT TO CHANGE THAT WITH
THIS BILL.
OTHER PARTS OF IT WOULD, AS YOU
INDICATED, LARRY, PROHIBIT
RIGHT-TO-WORK STATES WHICH HAVE
HAD FLOURISHING ECONOMIES, IT IS
WHERE WE’VE SEEN A LOT OF THE
JOB GROWTH RECENTLY, AND WOULD
IMPORT THIS REALLY VERY
MISGUIDED CALIFORNIA LAW
REGARDING INDEPENDENT
CONTRACTORS SO-CALLED AB 5 WHICH
CALIFORNIANS THEMSELVES ENDED UP
REVERSING IN A NUMBER OF
DIFFERENT WAYS INCLUDING WHEN IT
CAME PARTICULARLY TO GIG WORKERS
BACK IN NOVEMBER’S ELECTION.
SO YOU’RE TALKING ABOUT
IMPORTING REGULATORY
REQUIREMENTS WHICH WERE TOO MUCH
EVEN FOR THE STATE OF
CALIFORNIA.
LARRY: WITH ALL THE LIBERAL, OUR
LIBERAL FRIENDS BUT ALL THE
FRUITS AND NUTS IN CALIFORNIA.
EXPAND A MOMENT ON THE SUPREME
COURT DECISIONS.
THIS PRO ACT WOULD OVERTURN OR
CHANGE SUPREME COURT DECISIONS?
HOW WOULD THAT WORK?
>> CONGRESS WRITES STATUTES.
THE SUPREME COURT INTERPRETS
THEM AND CONGRESS CAN GO BACK TO
CHANGE THE STATUTES SO THEY READ
DIFFERENTLY, ALTHOUGH AS YOU
NOTE AT SOME POINT THE
RESTRICTIONS ON WORKER FREEDOMS
BECOMES SUCH THAT, EVEN
CONSTITUTIONAL QUESTIONS CAN BE
RAISED.
IT REALLY IS IMPORTANT THAT
WORKERS HAVE A FREE CHOICE IN
ELECTIONS AND THAT THEY NOT BE
SUBJECT TO INTIMIDATION WHEN
THEY’RE MAKING THOSE CHOICES
WHICH IS ONE OF THE CONCERNS
EXPRESSED ABOUT THE CARD CHECK
PROVISION.
ANOTHER PART OF THE PRO ACT
WOULD GIVE UNIONS ACCESS TO
EMPLOYEES’ PERSONAL CONTACT
INFORMATION, THEIR HOME NUMBERS,
CELL PHONE NUMBERS AND THE LIKE.
THE KINDS OF THINGS PEOPLE
ORDINARILY WANT TO HOLD
PERSONAL.
SO, THERE ARE, REALLY A NUMBER
OF VERY EXPANSIVE PROVISIONS
HERE.
THE GREATEST CHANGE IN LABOR LAW
IN NEARLY 75 YEARS.
YOU DO HAVE TO PAUSE AND ASK
WHETHER A REGULATORY
INTERFERENCE OF THIS MAGNITUDE
IS GOING TO HELP WORKING
AMERICANS RIGHT NOW AS WE’RE
WORKING ON THAT REBOUND FROM
COVID.
LARRY: THAT IS A KEY POINT.
I MEAN PRESIDENT BIDEN IS
TALKING ABOUT THE BACKBONE OF
THE MIDDLE CLASS.
I DARE SAY, I’M NOT ANTI-PRIVATE
UNIONS BUT I DARE SAY THE ROLE
OF PRIVATE UNIONS HAS SHRUNK SO
MUCH, IT IS ABOUT 6% OF THE
WORKFORCE, THAT IS ALL.
TO ME, WORKER FREEDOM WILL
DELIVER MORE EMPLOYMENT
INCENTIVES, MORE GROWTH AND
PROSPERITY, THEN FOR EXAMPLE,
TAKING OUT THE GIG ECONOMY?
>> WELL, I THINK WE CERTAINLY
SAW THAT IN RECENT YEARS AND,
LARRY, EARLIER TODAY, THE
STATES, OR RATHER THE LABOR
DEPARTMENT ISSUED DATA REGARDING
STATE UNEMPLOYMENT RATES AND I
HAVE FOUND THESE STATE
UNEMPLOYMENT REPORTS REALLY
EXTRAORDINARILY INFORMATIVE
DURING THE COVID PERIOD BECAUSE
YOU SEE HUGE VARIATIONS IN HOW
STATE WORKFORCES ARE REBOUNDING.
WHAT WE SAW FROM THIS REPORT IS
ACTUALLY HALF THE STATES HAVE
LOWER THAN 6% UNEMPLOYMENT.
SO THEY’RE DOING APPRECIABLY
BETTER THAN THE NATIONAL AVERAGE
BUT NEW YORK AND CALIFORNIA ARE,
CALIFORNIA IS AT 9%
UNEMPLOYMENT.
NEW YORK IS AT 8.8%
UNEMPLOYMENT.
SO WE DON’T KNOW ALL THE REASONS
FOR THAT.
WHETHER IT IS THE LOCKDOWN
STRATEGY OR I THINK MAY BE THE
CASE IT IS THE REGULATORY
ENVIRONMENT AS A WHOLE.
CALIFORNIA IS A WONDERFUL STATE.
MANY PRODUCTIVE COMPANIES BUT
SOME HAVE STARTED TO LEAVE AND I
THINK THAT PART OF WHAT WE MAY
BE SEEING IS JOBS, EMPLOYERS
REACTING DURING COVID TO THOSE
REGULATORY ENVIRONMENTS.
CERTAINLY I THINK THE GOVERNORS
IN THOSE STATES, SHOULD BE ASKED
TO EXPLAINING WHY THEIR
UNEMPLOYMENT RATES ARE SO
ELEVATED COMPARED TO THE
NATIONAL RATES.
REGULATORY POLICY MAY BE PART OF
IT.
LARRY: NO, THAT IS AN IMPORTANT
POINT, STATE UNEMPLOYMENT RATES.
ARE THERE LINKAGES HERE,
LINKAGES TO CARD CHECK, NO
SECRET BALLOT, THINGS OF THAT
SORT, THOSE ARE THE REGULATORY
BARRIERS YOU’RE TALKING ABOUT?
>> WELL IT IS CERTAINLY THE CASE
A LOT OF THE STATES DOING BETTER
BELOW 6%, ACTUALLY MORE THAN A
THIRD OF THE STATES ARE BELOW 5%
UNEMPLOYMENT LARRY.
A LOT OF THOSE ARE WESTERN AND
SOUTHERN STATES BUT WE SEE
STATES LIKE NEW HAMPSHIRE,
VERMONT, DOING WELL TOO.
BUT THE STATE HAS ARE, TWO OF
THE STATES KNOWN TO HAVE THE
HIGHEST TAX POLICIES, THE MOST
REGULATORY POLICIES, AGAIN,
CALIFORNIA, NEW YORK.
IT DOESN’T MAKE SENSE TO ME WHEN
YOU’RE TRYING TO REVIVE OR
CONTINUE THE GROWTH IN THIS
ECONOMY RIGHT NOW TO IMPORT THE
MORE RESTRICTIVE APPROACH
TOWARDS GIG WORKERS FOR EXAMPLE,
THAT HAS FAILED EVEN IN THE
STATE OF CALIFORNIA.
BUT THAT IS WHAT THE PRO ACT,
ONE OF THE THINGS IT WOULD DO.