Tag: contract

Obama Administration bullying, and even bribing, businesses to stop criticizing TPP

The Obama Administration is doing everything possible to silence businesses and business leaders who oppose free-trade giveaways like the proposed Trans-Pacific Partnership (TPP). In at least one documented instance (sources here, herehere, and below), the Obama Administration offered serious consideration for a Defense Department contract to a company if the company would quit publicly criticizing the TPP:

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Email courtesy of Fight for the Future

New Balance, which manufacturers some of their sneakers in the United States, was offered serious consideration for a Defense Department contract to manufacture athletic shoes for members of the U.S. Armed Forces if New Balance executives shut up about how TPP would force companies like New Balance to compete with companies that manufacture in countries like Vietnam, whose minimum wage is the equivalent of 65¢/hour. Prior to being offered consideration for the contract, New Balance officials had been critical of TPP, but they backed off of their criticism of the TPP once the Defense Department considered them for a contract. Now, New Balance officials are renewing their fight against the TPP after they alleged that the Pentagon is intentionally delaying the purchase of shoes from New Balance.

If this is even remotely true, then this represents the kind of corrupt, Chicago-style machine politics that has no place anywhere in America.

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Why the Bernie Sanders campaign probably has a solid case against the DNC

Although I am not an attorney, having read the lawsuit filed by the Bernie Sanders presidential campaign against the Democratic National Committee (DNC) over the ongoing voter list controversy, it’s pretty clear to me that the DNC and their voter list vendor did not follow proper procedure for dealing with the breach of the DNC master voter list.

Paragraph 13 of the lawsuit (pages 3-4) quotes part of the agreement that the Bernie campaign signed with the voter list vendor:

In view of the national political importance of the Campaign — and by extension, the importance of the Voter Data and the Agreement — the Agreement substantially restricts both Parties’ rights of termination to cases of prolonged and voluntary breach. The Agreement states, in relevant part:

Either party may terminate this Agreement in the event that the other party breaches this Agreement; the non-breaching party sends written notice to the breaching party describing the breach, and the breaching party does not cure the breach to the satisfaction of the non-breaching party within ten (10) calendar days following its receipt of such notice.

That is a very important part of the Bernie campaign’s argument, since this is clearly a contract law case.

Paragraph 14 (page 4) describes how what was outlined in Paragraph 13 is the only legal method of stripping the Bernie campaign of access to the voter list:

The Agreement does not permit either Party to suspend its performance of the Agreement prior to terminating the Agreement in accordance with the provision above.

In other words, the only way that the DNC and their vendor can legally deny Bernie access to the voter files is through the ten-day process described in Paragraph 13.

Paragraphs 20-22 (page 5) describes the glitch in the voter list database that allowed the breach to take place:

On the morning of December 16, 2015, NGP VAN released a modification (the “Release”) to the software that the Campaign and other candidates use to access Voter Data.

This Release contained a critical security flaw (the “Bug”) that allowed the Campaign and other presidential candidates to view Confidential Information disclosed by competing campaigns.

The Bug was resolved within approximately four hours, by the afternoon of December 16, 2015.

Paragraph 24 (page 6) outlines the Bernie campaign’s role as the breaching party:

Before the Bug could be resolved, several staff members of the Campaign accessed and viewed Confidential Information (the “Disclosed Information”) disclosed to the DNC by the 2016 campaign of Democratic presidential candidate Hillary Clinton (the “Competing Campaign”).

Paragraph 27 (page 6) describes the DNC’s violation of the contract between the vendor and the Bernie campaign:

On December 17, 2015, at approximately 2:47 p.m., the DNC suspended or terminated the Campaign’s Voter Data access. The suspension or termination of the Campaign’s access was undertaken without contractual cause, and in contravention of the Agreement’s termination protocols.

To put that another way, the DNC suspended the Bernie campaign’s access to the master voter list only one day after the breach occurred, and without following the ten-day process for terminating the contract outlined in the contract between the Bernie campaign and the voter list vendor. I’m not an attorney, but this looks like a solid case for the Bernie campaign.

Time for the Illinois General Assembly to put an end to Bruce Rauner’s cavalier attitude toward collective bargaining

At the end of June of this year, AFSCME Local Council 31’s contract with the State of Illinois expired, leaving workers represented by the largest public employee union in Illinois without a contract. Since then, Republican Governor Bruce Rauner has only made nominal efforts at negotiating with AFSCME, refusing to concede much of anything to AFSCME and not acting serious at all about collective bargaining.

However, Democrats in the Illinois General Assembly have an opportunity to end Rauner’s cavalier attitude toward the public employees in Illinois and collective bargaining, once and for all…they can override Rauner’s veto of Senate Bill 1229 (SB1229), legislation that would authorize an arbitrator to decide the contract that would go to AFSCME Local Council 31-represented state employees to be voted on.

As it turns out, Democrats may have enough votes to override Rauner’s veto, especially in the state senate:

Senate President JOHN CULLERTON, D-Chicago, has already said the Senate will vote this week on an override. Presumably, the chamber could succeed. The Senate voted 38-17 to approve the bill. It would take 36 votes to override.

The House is a different story. The vote there was 67-25 in May. It takes 71 votes in the House to override.

But 17 House members, all but two of them Republicans, took a walk. They didn’t vote on the bill. That includes most of the Republicans from the Springfield area, who represent large numbers of state workers. They can always take another walk on an override, but in the meantime, they’ll probably get pressure from constituents to support an override — just as they’re likely to get pressure from Republican leadership to support their governor and vote against it.

Looks like the fight on whether or not to put an end to Rauner’s cavalier attitude toward the largest public employee union is in the state house. If you live in Illinois, this is a great opportunity to contact your state legislators and tell them to vote YES to override Rauner’s veto of SB1229. This bill does not violate the Illinois Constitution, nor does it undermine democracy. What it would do is put a mechanism in place to prevent strikes by, and lockouts of, public employees by allowing an arbitrator to decide on a contract if the governor and a public employee union can’t agree on one, in this case, due to the governor refusing to seriously negotiate with the largest public employee union in Illinois.

Repealing prevailing wage laws: A blatant effort to drive down wages

The Republican-controlled Indiana General Assembly recently passed legislation to repeal that state’s common construction wage law, efforts are underway in Wisconsin to repeal that state’s prevailing wage law, and Republican Illinois Governor Bruce Rauner has made repealing our state’s prevailing wage law a major priority of his right-wing corporate agenda. Prevailing wage laws require construction and other types of workers on taxpayer-funded projects to be paid the prevailing wage in the area in which the work is being done.

While Republicans and conservatives claim that repealing prevailing wage laws would save taxpayers money, Iowa, which neighbors both Illinois and Wisconsin, has proven that to be absolutely false. In Iowa, a state that does not have a state-level prevailing wage law, the per lane-mile cost of maintaining state-maintained roads was $5,732 in 2012. In Wisconsin, which currently has a state-level prevailing wage law, the per lane-mile costs of maintain state-maintained roads was $4,341, or $1,391 less expensive per lane-mile than Iowa, in 2012.

Prevailing wage laws do nothing more than drive down the wages of workers on road construction and other publicly-funded projects and allow construction companies to pad their profits at the expense of workers and taxpayers. Driving down the wages of workers, whether it be construction workers and other types of workers, also hurts the overall economy, because workers whose wages drop have less money to spend on goods and services, which results in businesses not being able to make as much money selling goods and services.