On Holding Down The Conversational Fort, Or, Jobs, Republicans, And Hooey

As the next Congressional fight over payroll tax extensions and unemployment benefits and pipelines gets set up in the next few weeks for either its final chapter or to be kicked down the road a bit farther, one or the other, you’re going to hear a lot from our Republican friends about how much they value work and workers; most especially, they’ll tell you, they value American jobs for American workers.

After all, they’ll say, creating American jobs is the most important thing of all.

But if we were to look back over just the last few months, some would tell us, we could quickly find examples of how Republicans promote ideas that don’t seem to value work or workers at all, much less American jobs.

Well as it turns out, “some” seem to be right; to illustrate one of those examples we’ll look back a month or two or three to a time some Republicans might wish was long, long, ago, in a galaxy far, far away.

A successful comedian usually becomes more megalomaniacal as the success barometer rises. Initial success might be achieved from stand-up but then the comedian envisions a sitcom, then Broadway, albums, extended tours, Europe, and then his or her own production company. These things are all fine. Don’t do dinner theater. Don’t open stuff, like shopping centers or bowling alleys. Don’t do fairs, especially if you follow the pig contest.

--From the book “How To Be A Stand-Up Comic”, by Richard Belzer

So…the House Republicans went and promoted and passed out their payroll tax cut plan, and within that plan was a demand that the Junkie XL Pipeline – sorry, that should be Keystone XL Pipeline – get special “expedited” approvals, despite the objections of those who are worried about their water supply, and we have to do this, right now, those same House Republicans tell us, in order to put more or less 6500 folks to work getting the thing built.

And as we mentioned above, this is because the House Republicans care about American jobs and American workers.

So…it may strike you as a bit odd that the exact same House Republicans sent to the Senate in September the “Protecting Jobs From Government Interference Act” (HR 2587), which has only one purpose: it tells the National Labor Relations Board (the “NLRB”) that if workers at a company decide to form a union, or the company even thinks a union might be coming, and the company, in retaliation, decides to move work from that plant – or, for that matter, decides to move the entire plant – then neither the NLRB nor the United States Courts shall have the authority to do anything about it.

All of this stems from an effort by Boeing to move work from Washington State to South Carolina in retaliation for union activity by the Puget Sound workforce; the NLRB has ruled that Boeing cannot move the work, and the Company and its friends in Congress have joined forces with other anti-Union Members of Congress to move this legislation.

Need a third-party expert opinion to help make sense of the NLRB’s involvement and remedies? Consider this comment from University of Pennsylvania Law Professor Ellen Dannin, via Dennis Kucinich:

The NLRB has decades of experience with cases of this sort, and the National Labor Relations Act is clear that employer actions like Boeing’s violate the law. If this were a murder case, it would be a case in which the police found a person saying : “I did it,” while standing over a fresh corpse with smoking gun in hand.

Decades of experience, did she say? Yes she did – and she was right. In 1964, the Supreme Court ruled that the NLRB had the power to order remedies that include making companies “bring work back”, the relevant case being Fibreboard Paper Products Corp. v. Labor Board, 379 U.S. 203.

The 250 law professors who wrote a letter explaining why HR 2587 is such a bad idea point out that it’s not just about Boeing: companies will no longer have any reason to even bargain with unionized workers (or those who wish they were) before closing plants and moving work overseas, as they have to do now under the law; again, that’s because no one will have the power of enforcement in these cases anymore.

As you might imagine, that’s going to accelerate the departure of jobs overseas, and it won’t take very long to get to 6500, which makes all that Republican fussin’ and fightin’ and sanctimoneoussin’ about Keystone look a bit hollow, eh?

Let’s jump to the side track, as it were, and take a moment to talk about why the question of which Party controls Congress matters: HR 2587 was introduced into the House, and if the Democrats controlled the Chamber it would have died in Committee, and that would have been that…but they don’t, and it didn’t, so the bill made it to the House floor, where it passed with no Democratic “aye” votes and six Republicans voting “nay”.

Then it went to the Senate.

Senate Majority Leader Harry Reid (D-Sometimes Frustrating) has a bit more power than a Speaker of the House to kill any bill before his Chamber, if he’s so inclined; in this case the bill sits on the Senate Legislative Calendar, and unless he says otherwise, that’s where it’ll stay. Of course if Mitch McConnell (R-Hates Obama With The Fire Of A Thousand Suns) were Majority Leader, he would have that bill on the Senate Floor in a heartbeat – and it would pass with a Republican majority, unless Democrats were willing to stand firm and filibuster the thing or the President was willing to use the veto pen, neither of which seems particularly certain.

A companion bill, S 1523, was introduced by Lindsey Graham; it was referred to Committee, possibly to never be seen again – which is also thanks to Harry Reid, with an assist from Tom Harkin, who is the relevant Chair.

At this point I was going to move on to the “what have we learned today” part of the deal, but before I do, I want to take a moment to show you just what kind of legislation our GOP friends will bring to the table, given the chance:

S 1720, the “Put All Your Crazy Eggs In One Basket Act” (not the real bill title, but close enough), was introduced by John McCain just before Halloween (it’s now on the Legislative Calendar, not doing much), and it’s a classic.

This one single bill calls for a Balanced Budget Amendment vote, a semi-flat income tax, repeals “ObamaCare”, repeals Dodd-Frank (Wall Street reform), says you basically can’t sue for medical malpractice anymore, says that if Congress fails to approve any Federal Agency regulation in 90 days, it’s invalid, and then says no Agency can pass any regulation, of any kind, until unemployment hits 7.7%...and there’s a lot more besides, including, I kid you not, forbidding the EPA from regulating the discharge of pesticides into water.

So now let’s get to “what have we learned?”

How about this:

We are going to hear a lot over the next 60 days about how the GOP loves you, the American worker, but at the exact same time they are looking to…well…put all the crazy eggs in one basket, if they can get away with it, and at the same time they’re looking to make it easier and easier to send more jobs to more countries than ever before, even to the point of trying to tell courts and regulators that they can no longer enforce laws Republicans can’t get repealed.

As our GOP friends stand before you, these next couple months, professing their undying love, remind them of this conversation today, and HR 2587, and S 1720, McCain’s “Crazy Egg Basket” bill, and then ask them if they think the GOP really cares about American jobs, or if they’re just getting hustled by slightly-slicker versions of used-car dealership credit managers?

Then you lean in close, look ‘em in the eye, smile just a bit, and you say to ‘em: “And hey, while you’re here…what do I gotta do to get you into a slightly used 1993 Buick Roadmaster Estate Wagon…today?”

Then you can both have a little laugh – while you take their money and run.

On Doing Better Than 50%, Or, Could More “Made In USA” Mean More Jobs?

We gotta grow some jobs, and that’s a fact, and we probably aren’t going to be able to do it with big ol’ jobs programs funded by the Federal Government, what with today’s politics and all, and that means if this Administration wants to stay in the jobs game they’re going to have to find some smaller and more creative ways to do it.

They are also going to have to come up with ideas that are pretty much “bulletproof”, meaning that they are so hard to object to that even Allen West and Louie Gohmert will not want to be on record saying “no no no!”; alternatively, solutions that work around the legislative process entirely could represent the other form of “bulletproof-ery”.

Well, I have one of those “maybe bulletproof” ideas for you today, and it has to do with how “Made in USA” the things are that our Government buys.

The archer sees the mark along the path of the infinite, and He bends you with His might that His arrows might go swift and far.

Let your bending in the archer’s hand be for gladness;

For even as he loves the arrow that flies, so he loves also the bow that is stable.

--From “The Prophet”, by Kahlil Gibran

For the rest of the story to make sense, we’ll have to define a term; specifically, “Made in USA”.

Most manufacturers in the US have to meet a very stringent standard before they can refer to a product as “Made in USA”; here’s how the standard is described by the Federal Trade Commission:

Traditionally, the Commission has required that a product advertised as Made in USA be "all or virtually all" made in the U.S.

There are special rules, most notably for automobiles (also textiles, wool, and fur), but for the most part everyone else goes by the “all or virtually all” standard when they claim something is “Made in USA”.

With one giant exception.

When the Federal Government “Buys American”, anything with over 50% US content is considered “Made in USA”; this according to the provisions of, naturally enough, the Buy American Act, 41 USC 10a – c. (Beyond the law, there are also certain Federal Regulations and Executive Orders involved; for now we’ll just call it all “the law” and let it go at that.)

Now there doesn’t seem to be anything immediately evident in the law that would prevent the Federal Government from purchasing more than 50% US content if we wanted to, and the Big Idea here today is that if government at all levels began to purchase more than 50% US content, we could create more US jobs, now and in the future, and we could do it with a minimum of muss and fuss.

Obviously, there are practical limits as to how far you could take such an approach (for example, good luck buying a Made in USA laptop), and the current law has exceptions that reflect that reality.

But consider this: there are about 450.000 vehicles in the Federal inventory (that does not include military combat vehicles), with roughly half of those belonging to the Postal Service; the General Services Administration buys about 65.000 vehicles a year (they run the Federal motor pool, and that’s the other half of the inventory).

Beyond that, think of all the billions upon billions of dollars of more mundane things the government buys every year: janitorial supplies, paper and toner, desks and chairs…well, you get the idea; now imagine if more of all of that was made right here.

One example of how we can do better can be found in Celina, Tennessee, where a garment factory that was doing work for the Air Force found itself unable to compete for a subcontract on $100 million worth of uniforms being made for the TSA; that’s because the uniforms were being made in Mexico instead.

If the work was being done here, it could mean about 300 jobs in a town that could really use ‘em. (By law, military uniforms are supposed to be made in USA; that’s an imperfect process.)

Some things already are restricted: if we don’t have a reciprocal trade agreement with a country, they generally can’t sell to the US government; China and Taiwan fall into that group.

I’m often guilty of running stories too long, so we’re going to cut this short today with a summary…followed by a cliffhanger that should keep you looking forward to Part Two:

Government buys a whole lot of stuff, and we could be buying more of it in the USA, and if we did, it could translate into jobs in places like Celina, Tennessee.

But it’s not as simple a picture as you might think, and when we get together next time, we’ll talk about the impact of free trade agreements on “Made in USA” purchasing, we’ll get the AFL-CIO’s reaction to all of this, and, if all goes well, we’ll see if we can provide official reaction from the Obama Administration.

And even though you’ll be sitting in your seat…you’re only gonna need the edge…