Ad Wars: 'Dr. Evil' vs. Unions Over Employee Free Choice Act

By Art Levine . Posted January 21, 2009.

The pro-union American Rights at Work launches Thursday a new $3 million ad campaign promoting the right to organize unions and the Employee Free Choice Act. But it's also facing a savvy, if deceptive, PR and ad blitz against the Employee Free Choice Act led in part by Richard Berman, a Washington attorney also known as "Dr. Evil," whose specialty is organizing front groups that attack proposed corporate reforms and public interest organizations, including Mothers Against Drunk Driving.

Richard Berman, though, sees his role as simply telling hard truths liberal interest groups want to ignore and serving as an attorney just doing his job. In an exclusive interview, he says, "You can either say I'm a shill -- or an attorney who is representing my clients' interests, depending on how you want to characterize it." And he relishes the "Dr. Evil" nickname, originally coined by his friends: "It helps my businesses and distinguishes me from others who aren't as effective."

As for his 501-c-3 tax-exempt organization, he's not required to disclose his donors -- and he doesn't, although the New York Times has reported that state Chambers of Commerce are among those backing his Center for Union Facts. He refers to it as having a "very small budget," but also says it spent about $20 million on ads and other initiatives last year. He's defeated, so far, efforts by Citizens for Responsibility and Ethics in Washington (CREW) to have the Center for Union Facts and another one of his anti-regulation groups' tax-exempt status revoked. The real reason he's faced such criticism from unions and progressives, he insists: "Unions are desperate for changes because they can't win fairly."

(That's a claim easily disputed by evidence of unionbusting and corporate abuses of the federal union election system. But he dismisses as essentially worthless and biased the huge body of evidence regarding widespread corporate intimidation and abuses during organizing campaigns under the current toothless system, with as many as one in five of union organizers or activists fired during organizing drives. As my "Unionbusting Confidential" piece showed in In These Times, employers often justify such firings for other reasons.)

His sympathies for such unionbusting were illustrated by his apparent work on behalf of Smithfield Foods, the unionbusting company cited for illegal actions. As CREW reported about the Center for Union Facts: "Coinciding with a notorious anti-union campaign by Smithfield Foods, CUF ran a website called 'UFCW Exposed,' smearing the union organizing at Smithfield. Berman was retained by Smithfield Foods, and CUF pays Berman and Co. for 'management services,' according to The Hampton Roads Business Journal."

But now Berman is facing a taste of his own medicine, with in-your-face criticism on a new website put together by the Citizens for Responsibility and Ethics in Washington (CREW) called Bermanexposed.org. He's hardly alone in his role as a tool of corporations seeking to undermine workers' rights, but he's become a lightning rod for criticism because of his high-profile media campaigns. CREW's press release didn't pull its punches in unveiling the new information-packed resource:

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