Why Some U.S. Companies are Fleeing to Mexico and Trump Cannot Negotiate Us Out of this Mess

In my recent 1 March post Making America Great and Donald Trump, I said

the primary reason the opening of new trade markets around the world has not led to the growth of the American economy is because the American government does not allow American businesses to be competitive.  He notes the importance of corporate tax reductions, but only after implying that bad trade negotiations caused job loses in America.  The job losses in America are due to excessive taxes, paperwork, and regulations that American businesses are hobbled with, thanks to Washington.  Business expenses are very high in America compared to many other countries in the world.  To compete, we need to be free to take full advantage of our design and innovation capabilities, while shedding governmental burdens that provide no or insufficient benefits.  We should be taking advantage of our abundance of inexpensive and reliable energy, not trying to make it more expensive as Obama has done.  We should be taking advantage of our great banking and financial companies, not smothering most of them in disabling requirements under Dodd-Frank so-called reform.  We should not be raising the cost of business with governmental dictates of minimum wages, paid leave benefits, the highest corporate and personal taxes in most of the developed nations, ObamaCare, NLRB rulings favoring forced unionization, and EPA regulations based on exaggerated claims of mercury or catastrophic man-made global warming.

The lead Opinion article in the 4 March Wall St. Journal was titled Trump on Ford and Nabisco.  Trump has been claiming that Mexico hijacked both Ford and Nabisco plants resulting in plant closings in the U.S.  Trump says this is why he "Does not mind trade wars."

The Wall St. Journal response to that is:

That's one way of looking at it.  Another way is that both companies made rational decisions to move some of their operations to Mexico because the tax and regulatory climate in the U.S. under President Obama has become increasingly hostile to business.  Before picking destructive trade fights with the world, maybe the next President could work to make America great for doing business again.

Nine production lines at the largest bakery in the world, in Chicago, are to be closed by Nabisco to build a higher technology plant in Salinas, Mexico.  Nabisco will save $46 million a year with the new plant.  Nabisco gave the labor union at the Chicago plant the opportunity to match that annual savings.  The labor union brought in a Bernie Sanders campaign official to help them.  Operating a business in Chicago is especially tough.  Illinois has unusually high corporate taxes and property taxes, not to mention very high worker's compensation expenses.  Underfunded city employee pensions are forcing taxes upward rapidly.

Nabisco is hardly alone in abandoning Chicago or Illinois.  In 2015, Illinois bucked the increase in manufacturing jobs in other nearby states by losing 56 jobs a working day.  Meanwhile, Michigan gained 74 manufacturing jobs a working day, Ohio gained 58, Indiana gained 20, and Wisconsin gained 18 manufacturing jobs a day.  The unfriendly business climate in Illinois has dire consequences.

Both Ford and General Motors are doubling their production in Mexico by 2018.  Ford is building two engine and transmission plants in Mexico and will manufacture small cars and hybrids required to meet the federally imposed fuel standard fleet requirements on all Ford vehicles manufactured.  These required small cars are money losers, so it is particularly hard to manufacture them in the U.S.

The United Auto Workers Union has won an agreement that will raise the hourly cost of wages and benefits for its members to $60, from the already very high cost of $57/hour cost for Ford and a $55/hour cost for GM.  In comparison, foreign-owned automakers in the U.S. have labor costs of about $50/hour.

In addition to lower labor costs, Mexico has free-trade agreements with 45 countries, while the U.S. has free-trade agreements with only 20 countries.  Trump clearly wants to reduce our free-trade agreements, hurting the U.S. still further in this competitive advantage.  He will drive still more plants to Mexico following his trade-war policies.

The Wall St. Journal says the way to make the U.S. economy great is to

• lower corporate and marginal tax rates
• reform pensions and entitlements
• institute right-to-work laws
• repeal ObamaCare

This sounds rather similar to what I was saying in my 1 March post.  It is not the case that we are losing jobs because China and Mexico are better negotiators and Trump can just make better deals with them.  Our problems are mostly self-made and owe to our penchant for big government that acts as a parasite sucking the life out of businesses.

NLRB - From Unconstitutional to Wildly Unconstitutional

The National Labor Relations Board (NLRB) has ordered that people with objections to its actions taken against Boeing be quiet and not voice those objections.  I am today asserting my constitutional right to think, to freedom of conscience, to freedom of speech, and to freedom of the press.  The letter of intimidation came from the General Counsel of the NLRB, Lafe Solomon, who is an Obama appointee.  Obama also stacked the NRLB with Craig Becker, the former associate general counsel for SEIU and the AFL-CIO, with a Congressional recess appointment.  Having delivered little to the unions with legislation in Congress, Obama is trying to deliver the goodies through Executive Branch agencies even if it means the public has to be intimidated out of exercising their right to freedom of speech.

The NLRB has no legitimate power under our Constitution to violate employee-employer contracts and it certainly does not have the right to declare that a company must maintain all of its production activities in one state just because that suits a particular union.  Yet, the NLRB has tried to force Boeing to build a third new production line for the 787 Dreamliner in Washington state, where it built its first production line.  Boeing has nearly finished a second production line in South Carolina and it only needs two production lines.  The International Association of Mechanics (IAM) and the union-owned NLRB are claiming that Boeing built the second production line in the right-to-work state of South Carolina in retaliation against the many strikes they have had in Washington state.  In reality, the second production line is being built at an ex-Vought site bought by Boeing.  The employees at the site were briefly members of the IAM, but decertified it as their representative when they decided that the IAM did not have their best interest at heart.  The IAM and the NLRB are retaliating against that facility in South Carolina as a result.

The NRLB is embarrassed by the weakness of its case.  Whenever the government has reason to be embarrassed and the public has or will likely catch on to that fact, the government either hides the facts and the data from the People or it tells them that they cannot talk about it.  Big government always has many reasons to be embarrassed, so censorship and secrecy have always been a consequence of a big and intrusive government.  After all, no one has ever heard of an effective central planner micromanaging the lives of hundreds of millions of complex and richly differentiated individuals.  It does not happen in the real world.

The Union that did not Represent its Members

Unions that do not represent the interests of their members are common.  This is fundamentally why union membership in the private sector has fallen to only 6.9% in 2010 according to the Bureau of Labor Statistics.  The many grossly underfunded union pension funds are another clear proof that the unions pay little attention to the best interests of their members.  The International Association of Machinists (IAM) is involved with the recent Boeing altercation in which they and the National Labor Relations Board (NLRB) claim Boeing built a production line in the Right to Work state of South Carolina in retaliation for a strike in Washington state by the IAM.  It used to represent the employees at the facility in South Carolina, as well as those in Washington.  It is interesting to see why the South Carolina machinists decertified the IAM.

In 2007, when Vought Aircraft Industries, Inc. owned the facility in North Charleston, South Carolina, the IAM narrowly won an election to represent 200 employees there.  Vought was a Boeing parts supplier and the IAM strike against Boeing forced Vought to close the South Carolina plant temporarily.  The new IAM members were laid off.  Meanwhile, the IAM and Vought spent a year discussing the new labor contract.  The employees were grumbling and there was indication that a decertification attempt was underway.  The IAM quickly put an offer of Vought to a vote, though this surprised Vought which was working up better offers.  Apparently, the IAM wanted some contract to lock in the new members in South Carolina no matter what.  Some employees were unaware of the emergency vote on 7 November 2008 set up by the IAM just as Vought was.  The IAM announced that an overwhelming 92% of membership had approved the new contract.  After some investigation, it was found that of the 200 affected employees, only 13 had voted.  Twelve members out of 200 had committed everyone to a new labor contract.  Many of the relatively new labor union members complained that the 1.5% wage increases would not cover the increased union dues and inflation.

In July 2009, Boeing announced it was buying the South Carolina facility from Vought and completed the purchase that month.  The employees filed to decertify the IAM that month also.  The IAM was thrown out because the workers had concluded that it was not interested in their best interest.  Subsequently, the IAM is furious that Boeing is building a second 787 Dreamliner production line in this South Carolina facility using the now 1000 employees there who are no longer union members.  The Obama-packed NLRB is backing the union vendetta both against Boeing and these dissatisfied former union members.

The Purpose of the National Labor Relations Board is to Deny Cooperation

As I just wrote in my last post, the benefits of society reside in our freedom of association with others of our choosing for purposes of our choosing.  This fundamental right allows us to cooperate with others in exchanges of mutual benefit so that we might all prosper and live more secure and richer lives.  In this process, we are constantly exchanging values, which we must evaluate and rank using our minds.  We succeed in these exchanges best when we think rationally.  Government properly imposes limits on private action to keep individuals from using force to affect these exchanges so that they are voluntary and people are free to only make exchanges they see as beneficial to them.  Unfortunately, governments also commonly use force to force individuals to make exchanges of values they would not make voluntarily.

The National Labor Relations Board (NLRB) is an especially egregious actor in forcing involuntary associations and involuntary exchanges of values.  Long-established laws have given this board the power to force individuals and associations of individuals owning companies to enter into labor exchanges with labor unions rather than individual employees whenever a majority of the employees vote to join a union.  In many cases, states force those who do not want to be union members to pay union dues nonetheless.  The states that do not force individuals to join the union when the union wins an election, are called Right to Work states.  The Right to Work states preserve a larger measure of the individual employee's right to associate than do the forced union states.  Some argue that the Right to Work laws interfere with a company's right to force its employees to be union members!  That argument is an example of how crazy things get once one allows the use of force to deprive individuals of their rights.  The NLRB has long been charged with depriving companies and individuals of the right to hire union workers or not and to force them to rehire union workers after strikes.  The NLRB also runs the elections in which the employees of a company vote to join or reject a union or accept a bargaining contract.  It places severe restrictions on the freedom of speech of companies during union elections as well.

The NLRB has been stacked by Obama to make it even more biased towards labor unions.  The NLRB's acting general counsel earlier this year threatened to sue South Carolina, Utah, Arizona, and South Dakota because the people of those states amended their constitutions to give their citizens the right to a secret ballot in unionization elections.  It is amazingly presumptuous that a minor federal agency can sue a state because its citizens have decided to protect their rights in their own state constitution.  The people acted because the Obama administration and unions backed a new law that would allow unionization elections to be performed without secret ballots, using what is called card checks.  This would have allowed union bosses to strong-arm employees one by one into signing up for the union without benefit of a secret ballot.  It would be as if Obama had complete lists of everyone who voted for him or against him and could thereafter award all government contracts only to those who voted for him and give entitlement benefits only to those who voted for him.  In addition, he could use the New Black Panther Party people he has refused to prosecute for polling place intimidation to make people vote for him in the first place.  One of the main reasons the labor unions supported Obama so strongly in his election was because they wanted card check and he had agreed to give it to them.  They were gambling heavily on this to turn around their loss of union membership in the private sector, where most employees have caught on to the fact that unions are very good at killing the companies for which the employees work.

Representative Jeff Duncan of South Carolina has introduced legislation to keep the NLRB from pursuing the threatened lawsuit.  He has 30 co-sponsors of the bill.  The NLRB's purpose is so wrongheaded that 176 members of the House of Representatives voted for an amendment by Tom Price of Georgia to completely defund the NLRB.  The freedom of association will always be impaired by this agency.

The most recent new threat to our freedom to cooperate by the NLRB is its claim that Boeing violated federal labor law by not building a production line for its 787 Dreamliner aircraft in Washington state.  The International Association of Machinists and the NLRB claim that Boeing's decision to build the production line in the Right to Work state of South Carolina was retaliation against the union because of its history of strikes that cost the company many billions of dollars.  The union and Obama's NLRB claim this is an infringement of the worker's right to strike.  That right to strike exists, but so does the right of the company not to hire the striking workers back.  Present law does not let the companies fire the strikers, which infringes the rights of the company owners.  Despite the many absurdities of the present law, the Supreme Court has ruled many times that companies can consider the negative effects of strikes when making their business decisions.  What is more, Boeing's present collective bargaining agreement with the IAM allows Boeing to build new plants outside of Washington without union approval.  This is apparently unusual for such union agreements, which only shows how unions have generally been able to impose themselves into company management.

The corrective action the NLRB is asking for is that Boeing be forced to build a 787 Dreamliner production facility in Washington state at great expense.  Boeing was considering building the facility in Washington, but they wanted a no-strike clause in their labor agreement with the union so they would have production stability in their on-going competition with EADS (Airbus) in Europe, which the union would not give them on any affordable terms.  The request for a ruling against Boeing comes when Boeing has nearly completed a new facility for the 787 in North Charleston, where jobs are much needed.  Boeing has already hired 1,000 workers there.  The announcement of their plan to build this plant was made 17 months ago.  Meanwhile, Boeing has hired 2,000 more workers in Washington state, so the union was not retaliated against in terms of a reduction of employees in Washington.  But the union bosses certainly are disappointed that they cannot collect union dues from the new South Carolina employees, since they voted not to join the union.  The first production of airliners in South Carolina is scheduled for July 2011.

The Obama crew, contrary to some reports, is not calling for the direct shutdown of the new largely built facility in South Carolina.  They are just imposing equal large costs to put a facility into Washington state with an equal number of employees, who will be union members.  They no doubt plan to use this fact to claim they are not killing the jobs in South Carolina or stopping the company from continuing its hiring there.  Despite not calling for the shutdown of the South Carolina facility, Boeing, Gov. Nikki Haley, Sen. Lindsay Graham, and Sen. Jim Demint are all protesting the interference of the NLRB.  But, the state of Washington is a better bet to give electoral votes to Obama than is the state of South Carolina in his re-election attempt, so Obama does not care.

Whenever government interferes with the individual right of association or the freedom to cooperate, it causes harm to our society.  This is a real social injustice done to many individuals.  The present action of Obama's NLRB is to try to intimidate companies against building new facilities where a union they have an agreement with does not want them to.  It is also an attempt to keep unionized businesses specifically from building new plants and facilities in Right to Work states.  These restrictions only serve to reduce the value a company can offer its customers in exchanges.  This will reduce the growth of the company and may cause it to fail, ending such union jobs as it presently supplies.

In any case, companies come and go and large companies are replaced by more nimble smaller companies all the time.  If the NLRB is allowed to keep unionized companies from expanding in Right to Work states, new companies will find even stronger incentives to plant themselves in Right to Work states and avoid union interference with their plant and facility siting decisions.  Unionized companies will have no choice but to put their new plants overseas, rather than in the United States.  Overseas companies will have reduced reason to establish new facilities in the U.S. and will stay out.  U.S. unemployment will be higher as a result.  Americans will find themselves with a lowered standard of living.

Of course the Obama Democrats have been talking about placing new taxes on companies who expand aboard instead of at home.  The strongest growth in the American economy now is precisely in companies with operations abroad or with high exports, such as many manufacturers.  The Obama taxes will be targeted at those companies and reduce their growth still more than our highest in the world corporate taxes and most onerous regulations have already done.  These wrongheaded Democrat Socialists are just one economic disaster after another.