This Just In! Non-Controversial Bills Do Occasionally Get Passed!

But that doesn’t make the person who put them forward necessarily a hero.  Possibly a nice person for taking the time to write the bill, but lets not kid ourselves, oftentimes legislators put together obvious bills on new technology or safety devices, new best practices or other items.

We applaud Amanda Boudin, Manchester a self identified Free Stater (who ran deceptively as a Democrat)  who is part of an extremist Libertarian group that is attempting to colonize New Hampshire.

As the Free Stater publicity site states:

“This bill ends the prohibition on the possession of Narcan, which may now be administered to counter the effects of opioid overdoses. Before the passage of this bill, Narcan (the trade name for Naloxone) could only legally be possessed by EMS and police. Now, anyone who acts with “good faith and reasonable care” may store or administer the life-saving drug to a person in overdose without facing criminal or civil liability for doing so.”

This is good, very good considering the epidemic of heroin use and resulting overdoses in New Hampshire, concentrated largely in Manchester and Nashua.

Unfortunately, the Free State Project marketing team is out to make the most of exploiting Boudin’s efforts for their own gain, trumpeting it as proof of how wonderful Free Staters are overall.

No they aren’t.  They are anti-government cranks who thwart local, state and federal laws and local government process on a pretty regular basis, even making what seemed for awhile a career of it in Keene. Anyone can look up Free Staters’ ridiculous acts of “rebellion” such as circling around in Keene on a bicycle and refusing to stop for officers, chalking on public monuments and smoking pot in public on 4-20 days, we aren’t going to bother to link here.

They also have attempted to thwart the regular course of basic town government in already cash-strapped small rural communities throughout New Hampshire; communities that have thrived for over 200 years without the interference of the libertarian.  They did though, help to mobilize members of the town of Grafton to come out in droves and vote down their ridiculous warrant article proposals long into the night, last town meeting.  Most were not amused with the Free Stater martyrs taking everyone’s time up with endless triviality such as a requirement that every single warrant article, no matter how absurd, even if it didn’t pass muster with the elected town officials (as is common practice to move things along so people can get on with their lives), or having to fight the year before to reverse an extremist budget cutting proposal.  A proposal that would have cut the town budget down by 10%, effectively cutting off services, emergency preparations and even severely cutting their small town library.

So, sure, Ms. Boudin served her community with that bill.  Unfortunately it flies in the face of most of the libertarian anti-government logic that proposes that the “state” serves no one and needs dismantling.  While Boudin did now enable citizens to have the anti-over dose drug available, she didn’t propose to remove all regulation regarding sale and manufacture; what in fact would logically follow most libertarian ideology.

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June 3, 1916

Some of the most dangerous and gruelly work in this country’s history has been mining, in particular coal mining that used European immigrants — men and children — as their primary mode of production.

In addition, some of the most brutal resistance of paid workers in this country has come out of miners struggles all over the country. Brutal repression was usually the result.

Still today the mining industry has the worst safety record in the country, with still the highest number of fatalities per worker in the country. The huge dependency on coal in this country’s development and still today has helped the coal industry amass huge amounts of capital.

This has enabled the coal industry and other mining interests to work alongside the interests of large oil companies in weakening regulations and laws that might cut into their profits.

Coal is the second leading cause of greenhouse gas developing (second only to automobiles) and mining in all its forms is the most environmentally destructive enterprise on the planet, besides possibly nuclear weapons testing.

What can we learn from our ancestors’ struggle to lead us forward to tomorrow?

Sarah Springer's avatarToday in Labor History

MesabiUndergroundMining190648986Forty miners at the Oliver Iron Mining Company on the Mesabi Iron Range in northern Minnesota walk off the job. The strike was marked by violence and repression. The civil liberties of strikers were violated, mine guards and police used force to intimidate strikers, union leaders were jailed, and the company refused to negotiate with the workers. The strike ended in mid-September when the workers won some of their demands.

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June 2, 1952

600,000 striking workers and vets standing with them in solidarity. Notice the disfigured face of the disabled vet in the front row.

Detroit auto workers will soon be striking again and there are calls for a national strike, will we have the courage that our ancestors had?

Sarah Springer's avatarToday in Labor History

6833519008_bcfba045f0_zThe U.S. Supreme Court rules that President Harry Truman had no authority when he seized control of the nation’s steel mills on April 8 – the day before a nationwide steelworkers’ strike was set to begin – to keep them in production for the Korean War effort. 600,000 steelworkers went on strike on June 3, effectively ending production for the next six weeks.

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AFSC State House Watch – #20

From our Inbox to you: American Friends Service Committee, State House Watch #20

NH State House Watch, the American Friends Service Committee

State House Watch May 29
2015 Issue 20

Yesterday the Senate Finance Committee voted along party lines to a budget proposal that will go before the full Senate next Thursday, June 4.  After the budget passes, the House will have to decide whether to just accept it or else appoint a Committee of Conference to resolve differences.

As we reported last week, the Senators were working with a more optimistic revenue forecast than the one employed by House budgeteers in March.  That gave them resources to spend more on services that had been cut or axed by the House.  But the Senate Finance Committee added a plan to cut business taxes, which would have a devastating impact on the future funding of priorities such as education and health care.  It means that costs would continue to be shifted to local communities and property owners.

The Senate budget plan also fails to re-authorize or fund the NH Health Protection Program and fails to fund the negotiated pay raise for state employees.  The preference of the Senators for cutting the taxes of profitable businesses over ensuring fair wages for state workers and the health of low income people is alarming.

Governor Hassan issued a strong statement shortly after the committee vote.  “I have serious concerns that the Senate Finance Committee’s partisan plan will hurt families, undermine business growth and take our economy backward while relying on gimmicks that will ultimately leave the budget unbalanced,” she said.

“Senate Republican leadership says that New Hampshire can’t afford to lower tuition at the community colleges, provide a modest cost-of-living increase to employees, fix our roads, fund mental health or even adequately staff our correctional institutions or our juvenile justice system. They even say that in the midst of a heroin epidemic, New Hampshire can’t afford to adequately fund substance misuse prevention and treatment.  But instead of funding those priorities, Senate Republican leadership included large tax cuts that will create a hole in this budget and budgets well into the future,” Governor Hassan continued.  Read the whole statement here
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Writing in today’s Concord Monitor, Jeff McLynch of the NH Fiscal Policy Institute also warns about cutting taxes on profitable businesses.  “Of course, while such back-loaded business tax cuts would have immediate and negative ramifications for New Hampshire’s ability to provide the public services central to the state’s high quality of life, they are also wholly at odds with the idea that we must live within our means. Phasing in business tax reductions over time or delaying their initial implementation until some later date simply puts off – for another day and onto future legislatures – the difficult choices and tough trade-offs that would have to be made to accommodate the revenue losses they would produce,” he says.  Jeff will be our guest on the “State House Watch” radio show Monday.

After the Senate approves a budget Thursday, the House will decide whether to accept it or appoint a Committee of Conference to resolve differences.  Rumors are that some House Republicans think the Senate is being too charitable to human services.  Once the two chambers agree, Governor Hassan can decide to veto the budget, sign it, or let it become law without her signature.

Will the Sununu Center be Turned Over to Profiteers?

The Finance Committee budget includes a requirement for the Department of Health and Human Services to develop a plan to reduce the cost of providing services at the Sununu Youth Services Center by privatization.

Several years ago, NH decided against privatizing our prisons. States that have privatized their youth offender programs have found little in the way of savings, but a great deal of risk of abuse for juvenile offenders. We object strenuously to the idea of turning over the care of our children to profiteers.

More Giveaways to Business Owners

The CEO of Planet Fitness (a chain of health clubs) told the Senate Finance Committee that he would move his company headquarters to Massachusetts if the state doesn’t change its tax code. Planet Fitness began in Dover and now has some 950 locations nationwide. The company, now structured as a Limited Liability Corporation and controlled by TSG Consumer Partners, described by Reuters as “a buyout firm,” is planning on going public soon (i.e. selling shares on the stock market).  That will require it to change its corporate structure, which would generate tax obligations under current state law.  The owners are unhappy about this.  According to NHPR, CEO Chris Rondeau says he wants to stay but the tax is too big a burden. “It would be cheaper to pay the raise to cover an income tax to move across the border. It’s that great of a tax that it’s hard as a CEO to recommend staying,” he told the Senate Finance Committee on Wednesday.

This may be the only time we ever hear a NH CEO praising an income tax.

The Planet Fitness amendment is now attached to HB 550, which was about administration of the tobacco tax.  It will be considered by the full Senate on Thursday and then be the subject of additional discussion in the Ways and Means Committee on Friday.

Hurray for Nebraska!

On Wednesday, the Nebraska legislature overrode the governor’s veto of a bill to repeal the death penalty, making Nebraska the 19th state to repeal capital punishment.

State House Watch friend and victim’s rights advocate Representative Renny Cushing has a piece in Time Magazine titled, “Why the Death Penalty Should Die.”

Updates from Last Week

As we’d hoped, HB 315, the bill giving landlords even more power to evict tenants with only 7 days’ notice was voted ITL by the House on a voice vote.

HB 25 The capital budget, which was amended to include $1 million for the Affordable Housing Fund, passed the Senate unanimously.

Next Week in the Senate

The Senate will be in session on Thursday, June 4, starting at 10:00 AM.

Consent Calendar

HB 225, requiring the defendant to personally appear in the courtroom during a victim impact statement. Committee recommends OTP 5-0.

Regular Calendar

HB 208, relative to allowance sales under the NH regional greenhouse gas initiative program (RGGI). The bill was amended in committee to change the allocation of proceeds from allowance sales under RGGI. In the amendment, all proceeds would be allocated to commercial, industrial, and residential retail customers. Beginning in 2016, thirty percent of the remainder of those proceeds would go to the low-income core energy efficiency program. The remainder would go to municipal, school district, and local government energy efficiency programs. The committee recommends OTP/A on a vote of 3-2.

HB 614, implementing the goals of the state 10-year energy strategy, modifying uses of the site evaluation committee fund, establishing fees for energy evaluation, and relative to public information sessions on proposed energy siting. Committee recommends OTP on a vote of 6-0.

HB 1-A, making appropriations for the expenses of certain departments of the state for fiscal years ending June 30, 2016 and June 30, 2017. This is also known as the state budget. The details of the proposal as it has emerged from Senate Finance can be found here.

HB 2
, relative to state fees, funds, revenues, and expenditures. This is known as the budget “trailer” bill. It determines where the revenue sources for funding the budget actually come from. The Senate amendments to this bill can be found in this supplement. This is where you can find the language ordering privatization of juvenile corrections services.

HB 550, relative to administration of the tobacco tax, was amended by the Finance Committee to reduce the expected tax burden of Planet Fitness. Even before passage in the full Senate, the proposal is already scheduled for further consideration in the Ways and Means Committee next Friday.

Next Week in the House

After a couple weeks off, the House will be in session on June 3, starting at 10:00 AM.

Consent Calendar

SB 169, relative to permissible uses of EBT cards. Committee recommends OTP/A on a vote of 17-0. This is the Senate EBT bill that included an unenforceable ban on the use of cash obtained through EBT. The House had passed its own bill, HB 219. The Senate amended HB 219 to mirror their SB 169. The House did not concur with the amended bill, and have asked for a Committee of Conference. The House Health and Human Services Committee returned the favor by amending SB 169 to mirror their original version of HB 219. We are sorry this is so confusing, and are pinning our hopes on everyone getting mad and passing neither bill.

SCR 1, a resolution recognizing the contribution of Bhutanese refugees to New Hampshire, and requesting the United States government work diligently on resolving the Bhutanese refugee crisis, reaching an agreement to allow the option of repatriation and promoting human rights and democracy in Bhutan. The committee recommends OTP on a vote of 13-0.

Regular Calendar

SB 52, establishing a commission to study the issue of residential tenancies in foreclosed properties. The majority felt that there was nothing to study, and that the situation for renters in foreclosed properties was unfortunate, but could not be improved with state intervention. The minority believes that the study is needed to find a way to protect tenants from hasty evictions while taking into account the needs of new building owners in foreclosure situations. The committee voted ITL on a vote of 11-8.

SB 179, relative to eligibility to vote. This is the bill that originally attempted to tie voting to motor vehicle registration and proof of 30-day residency in the state. After the recent decision by the NH Supreme Court ruling that rules on auto registration can’t be mixed with voter registration, motor vehicle registration language was removed. The original bill stipulated that anyone moving from one part of the state to another within a 30 day period would have to vote in their former location. The amended version allows a voter to transfer their registration to their new location. There was an attempt to clarify the language around the terms “domicile” and “residence.” The amended bill also gives the legislature statistical data pertaining to registration forms and affidavits. The majority claims that this bill is necessary because of all of the stories about voter fraud that they heard in testimony.

From the minority report: “Anecdotes abound about “voter fraud,” “drive by voting,” “undeserving voters” and the like. However, the Committee received no verified or credible record that NH elections are tainted in such a way. Those angry about “students voting” must recognize that New Hampshire law expressly allows students enrolled at our New Hampshire colleges to declare our state as their domicile while they attend these New Hampshire ‘institutions of learning’ (RSA 654:1 I-a). SB 179, as amended, may still contain unconstitutional provisions, and puts our well managed, efficient, and wholly credible election system at risk. It is inexpedient to legislate.”  If this bill becomes law, we expect it to be challenged in court.

SB 255, establishing a low-wage service worker task force. This bill was amended in committee to change the configuration of the study committee, which originally included one state senator, two state representatives, representatives from DRED, Deptartment of Labor, Department of Employment Security, Department of Health and Human Services, the Business and Industry Association, the NH Lodging and Restaurant Association, organized labor, someone from the Manchester Chamber of Commerce, and two members of the public. In the amended version, the committee consists of 3 members of the NH House and two state senators. The majority report offered no reason for this change. The minority is disappointed that a once diverse committee is now quite limited.  The amendment also removes the original requirement that the committee study the demographics and rate of poverty of low wage workers and the impact of low wage jobs on children, families, and communities. The majority voted OTP/A. The minority voted OTP without the amendment. The vote was 9-8.

Coming up in House Committees

Tuesday, June 2

Ways and Means, Room 202, LOB
10:00 AM  Full committee work session on revenue estimates.
1:30 PM Subcommitee work session on HB 386, reducing the rate of the business profits tax.

Coming up in Senate Committees

Tuesday, June 2

Finance, Room 103, SH
9:00 AM Senate Budget briefing on HB 1-A and HB 2 (the budget and the budget trailer bill).

Friday, June 5

10:00 AM  HB 550

, Work Session on the Planet Fitness Giveaway, also known as “the sale or exchange of an interest in a business organization under the BPT.”

“State House Watch/White House Watch” Radio

Jeff McLynch from the NH Fiscal Policy Ins titute will walk us through the state budget, especially the proposals to reduce business taxes. We will also have a guest from Global Tradewatch talking about the Trans Pacific Partnership, “fast track” authority, and other corporate-led international economic agreements now being negotiated.  You can hear us Monday from 5 to 6 pm and Tuesday from 8 to 9 am at 94.7 FM in the Concord area and at wnhnfm.org anywhere you can get an internet signal.  You can also download podcasts of past shows.

Governing Under the Influence

Check out our website to find out who’s coming to NH to campaign for President.

Events Coming Up 

Wednesday, June 3

Author and peace activist Frida Berrigan will be speaking about her new book, “It Runs In the Family: On Being Raised by Radicals and Growing into Rebellious Motherhood.” Hosted by Seacoast Peace Response.  7:00 PM at Portsmouth Public Library, 175 Parrot Ave. More on Facebook.

Saturday, June 6

Granite State Organizing Project MICAH Awards Dinner, 6:00 – 9:00 PM, St. Lawrence Community, 1 East Union St., Goffstown, honoring Sister Mary Elizabeth Leonard, Colonel Gail Prince, Jim and Yolande Walsh, John McAlister, Phyllis Appler, and Lawrence and Natalie Welch. More information and tickets here.

Wednesday, June 10

“Building a Sustainable Seacoast Economy with Offshore Wind Power,” with Paul Williamson, Director of the Maine Ocean & Wind Industry Initiative (MOWII), 6:30-8:30 PM, Portsmouth Public Library, 175 Parrott Ave.  This is the annual meeting of the Seacoast Anti-Pollution League. (SAPL)  A brief meeting will be held before the presentation. More on Facebook.

June 11 to 13

Michael McPhearson speaking tour on “Moving Away from Militarism: Ferguson, Baltimore, Baghdad, and Beyond.”  Michael McPhearson is Executive Director of Veterans for Peace and Co-Chair of the St. Louis-based Don’t Shoot Coalition, which formed after the killing of Michael Brown.

Thursday, June 11 – Hanover Public Library, 7 pm, sponsored by AFSC’s Governing under the Influence project with NH Peace Action and Hanover Quaker Meeting.  For more information, call 224-2407 or email Eric.

Friday, June 12 – Unitarian Universalist Church of Manchester, 7 pm, sponsored by AFSC’s Governing under the Influence project with NH Peace Action, the Greater Manchester NAACP, and the UUCM Social Responsibility Committee.  For more information, call 224-2407 or email Eric.

Saturday, June 13 – Annual Membership Meeting of NH Peace Action, 10:00 AM, 34 Wadleigh Road, Sanbornton.  More information and RSVP here and Facebook.

June 13

“The Last Call, The Untold Reasons of the Global Crisis,” a film asking, “Can the golden age of unlimited growth last forever?” and “Are there no actual physical limitations to growth on our planet?”  7:00 PM at the Concord UU Church, 274 Pleasant Street, Concord.  Free and open to the public, with discussion afterwards. Contact John Warner for further details.

Friday, June 19

Friday Family Fun Night hosted by New American Africans, starting at 6:30 pm.  A fun night of drumming, dancing, ice cream, and friendship. South Congregational Church, 27 Pleasant St. Concord.  More info on Facebook.

Saturday, June 27

Progressive Summit, hosted by Granite State Progress and NH Citizens Alliance for Action, 9:00 AM to 5:00 PM, New England College, Henniker.  Details here or on Facebook.

-Arnie Alpert and Maggie Fogarty

PS – Don’t forget to “like” us on Facebook.  Search for “American Friends Service Committee-NH” to “like” us.  After all, we are your Friends.

AFSC’s New Hampshire “State House Watch” newsletter is published to bring you information about matters being discussed in Concord including housing, the death penalty, immigration, and labor rights.  We also follow the state budget and tax system, voting rights, corrections policy, and more.  Click

here for back issues.

The AFSC is a Quaker organization supported by people of many faiths who care about peace, social justice, humanitarian service, and nonviolent change.  Arnie Alpert and Maggie Fogarty direct the New Hampshire Program, publish the newsletter, and co-host the “State House Watch” radio show on WNHN-FM.  Susan Bruce helps with research and writing.  Fred Portnoy, WNHN Station Manager, produces the radio show. 

“State House Watch” is made possible in part by a grant from the Anne Slade Frey Charitable Trust.

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June 1, 1966

The struggle of farm workers for decent wages and humane living conditions continues to this day.

Sarah Springer's avatarToday in Labor History

farm-worker-picture-3Farm workers at La Casita Farms in Starr County, Texas, go on strike over wages and union recognition. The melon strike became the first major civil rights event in the state during the late 1960s. Brutality by Texas Rangers and local law enforcement broke the strike after a year.

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Guinta Revealed by FEC Investigation to Be Very Spoiled and Very Ungrateful

Frank Guinta, District 1 (R) and shame of New Hampshire.

The Union Leader, in their so far unsuccessful campaign to chase NH District 1 Congressman and General Embarrassment out of office, has taken the time to read through the FEC investigation.  According to the Union Leader report, Guinta’s mother ” told investigators that she and her husband “decided $1 million of wealth would be available to each of their three children,” Thus ma and pa gave Frankie checks that in effect became advances on that one million dollar inheritance.  But that doesn’t stop there.  Ma and pa also took care of Frankie when he ran for mayor of Manchester, paying for his campaign expenses, his credit cards and even paying the mortgages on his two properties:

Even though its a bit old now, its never too late to take at look the collection of commentary from the O’Brien Doofus Brigade: Miscellany Blue: The Enemy of my Enemy is My Friend

“His parents wrote him other checks between 2001 and 2010, totaling at least $57,050 to pay for a variety of Guinta’s personal expenses, “such as his mayor campaign, his credit card bills, and his mortgages on two properties,” according to the FEC report.” What really hits home though about Guinta’s character besides how obvious it is that a man who runs as a Tea Partier, an ultra-conservative party that loves to bleat about self sufficiency and hard work, should at least walk the walk.  In other words, if you believe in being a responsible hard worker then be one and stop asking mom and dad to bail you out and pay for your personal expenses.  That’s just being spoiled, creepy family grifter which may be why his sister explained that she had no idea about any money at all being set aside for anyone. Every dysfunctional family has one; the spoiled child who gets all the attention, all the support and adulation of their parents, often at the expense of other members of the family.  We hope his sister was on the phone looking for her 1 million as soon as her deposition had ended.

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Oh Facebook Meme, Oh Facebook Meme, Not Always What You Seem

We ran across this meme on Facebook critical of Rand Paul.  To a regular progressive person this might seem innocuous and typical enough, but then if you read through it you’ll find one glaringly important error committed by just one word.  The sentence “I’m a libertarian, but…” then goes into how he has stated he believes the Civil Rights Act goes too far.  The exact quote came from an exchange between him and someone else on television.

But that’s not what’s germaine here.  The problem is that the meme uses the contrasting word “but” in the first statement that he is a Libertarian and then goes on to summarize his position on civil rights.

The meme does not inform, it misleads.  Libertarians have stated over and over again in public, in their writings, on Facebook, on blogs and even in person, that they do not support any regulation by the “state”.  That includes any efforts to equalize systemic oppression.  The reasons for this are varied, but in a nutshell, Libertarians base an individual’s success or failure entirely on that individual’s agency to act.  Libertarians believe we all have equal agency to act on our behalf.  They do not recognize privilege, whether class, race, gender, tribal association or whatever else required to obtain power in a hierarchical social system.

They believe in a meritorious system they proclaim, wherein all people succeed by the sweat of their own brow — that is their merit.  That’s all well and good, we can all get behind that.  But there isn’t a social system on earth today that doesn’t have a structural system based on privilege. Whether adopted upon birth, obtained by service, by gender, by racial affiliation or group affiliation, certain people get a lot of the resources and certain people get none.  That’s a fact and its got a lot more to do with complexities of social and economic power than it has to do with the simple rationalization that poor people don’t work hard enough.

Thus the meme effectively makes a wrong turn down the road and fails to connect Rand Paul’s extremist views with Libertarianism, within which Rand Paul, just like daddy-Paul, is fully entrenched.  Also, all the listed antis of Rand Paul’s positions reflect his anti-government, libertarian philosophies and those of his father.  While the Paul’s have no problem with restricting a woman’s right to liberty over her body and they both have had no problem living off the government dole (pretending to be civil servants) themselves, everything else about them both is pretty consistent with Libertarianism.

Messaging is everything and unless the maker of this meme can’t proof read well, one could infer that the intention of this meme was not to call into question Rand Paul and Libertarianism, but instead to alienate Rand Paul from Libertarianism and simultaneously white-wash Libertarianism.  Sometimes messages and propaganda appear like this; to provide information to a specific audience about something which they agree on, but buried within the message, usually only due to a turn of phrase or as in this case, one word, context changes and thus the message changes as well.

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Folk Singer and song writer Jean Ritchie Dies at 92

Folk singer and song writer Jean Ritchie died yesterday, June 1st at the age of 92.

Ritchie’s songs, much like Woody Guthrie and others reflected the struggles of common folks against the injustice and cruelty of the larger corporate capitalist system.  Ritchie’s songs also told the story of the middle Atlantic and coal country areas country people, such as the “L and N Don’t Stop Here Anymore” telling the story of coal country and the people left behind like so must waste when large operations like coal move on leaving the communities that supported them behind in poverty and despair.  The same experience can resonate again with the damage left behind in the midwest when auto manufacturing and tool and die operations were allowed to move out of the United States, leaving workers broke and stranded and communities in decay.

She also sang many old songs from the experience of African-American people in bondage in the slavery system and Jim Crow.  Her voice has a haunting, pleading sound that brings home the depth of her messages within:

Music is an integral part of the human experience, singing songs of shared experience help people cope with otherwise intolerable situations such as bondage, poverty or other oppression.  Singing and music when listened to on recordings or performed becomes a group activity that bonds the participants in shared experience.  Also the story-telling aspect of written songs bring together people and help express issues possibly difficult to express in other forums.  Songs of warning, songs of celebration, songs of mourning, songs that are calls to action; all resonate with the lives of people everywhere.

Let us then celebrate for a moment the life of Jean Ritchie and her contribution to the American experience and also remember that although it may not be folk music, the younger generations still use music to tell their story and their struggle, such as hip-hop.

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Texas Court Upholds Labor Boards Union Election Law

Mounted police advance on construction workers. <i>Photo: Justin McManus</i>

A union picket/blockade action in Australia, August 2012, over a ban by a company on workers wearing pro-union stickers and apparel to work. ABC Inc. and their members fight vigorously in fear of such strong union reaction to even much more egregious rights violations in the US.

But be forewarned and take the success as merely a drop of water for the rights-thirsty and fight-weary workers and unions.  Most likely the corporate supported ABC will not take this lying down and will circle their wagons, hire more lawyers and file for an appeal while also at the same time, continue their active efforts to destroy the NLRB entirely.  This could also be a set-up to enable the ABC to file an appeal and bump the proceedings up to a higher court in an effort to provide some legal precedent that will further lend to the concerted effort to destroy the NLRB and the voices of workers altogether

Just take heart that all is not lost, especially when such a rule comes down in the red-state desert of worker’s rights known as Texas. But labor cannot rest.

From The Hill:
By Tim Devaney06/01/15 04:51 PM EDT

The Obama administration should be allowed to speed up the process by which employees unionize, a federal judge ruled Monday.

Judge Robert Pitman of the U.S. District Court for the Western District of Texas tossed out a lawsuit from business groups challenging the National Labor Relations Board’s (NLRB) union election rule

The National Federation of Independent Business (NFIB) and the Texas chapters of the Associated Builders and Contractors (ABC) argued that speeding up union elections would not give companies enough time to prepare.

“We are deeply disappointed by the Texas court ruling and we plan to appeal the decision,” said Karen Harned, executive director of the NFIB’s Small Business Legal Center, a plaintiff in the Texas case.

The NLRB, which has maintained the rule is needed to prevent businesses from using delaying tactics to block employees from organizing, declined to comment.

The NLRB’s rule — maligned as the “ambush election” rule in business circles — could allow union elections to occur as little as two weeks after a petition is filed, critics claim.

Currently, it takes an average of 38 days to hold a union election, according to the NLRB.

Businesses say the shorter time frame would make it difficult for them to prepare and give labor groups an inherent advantage.

“The ambush election is a very badly disguised effort on the part of the federal government to rig the outcome of union elections in favor of organized labor and we don’t believe it’s legal,” Harned said.

Pitman disagreed.

“[The] plaintiffs point to nothing in the record which supports their conclusion that the board intended to favor organized labor,” he wrote.

The NLRB’s rule has now withstood congressional and legal attempts to overthrow it.

Congressional Republicans pushed through a measure that would have overturned the rule earlier this year, but they were unable to override President Obama’s veto.

Another lawsuit from a different set of business groups — including the U.S. Chamber of Commerce, National Association of Manufacturers, and National Retail Federation — is still pending in federal court.

The NFIB has vowed to appeal the judge’s decision in a case that could make its way to the Supreme Court.

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