Saturday, October 31, 2009

Union made candy for Halloween?

Last minute Halloween shoppers are urged to buy union made candy at the Change to Win blog. Union made candy listed. Knowledge is power, choose accordingly.

Union busting exposed!

Just in time for Halloween, we have a pro-EFCA blogger posting about Union Busting. More here at the website. Supervisors talking points exposed here. Pretty hysterical in multiple senses of the word.

Friday, October 30, 2009

Boeing move not isolated

Boeing's move to South Carolina, a bad thing for the Machinists' union, steps up the trend which began with the garment and broader textile industry leaving New York and New England and continues with the auto industry leaving Michigan. Business friendly sunbelt states have encouraged the trend with economic incentives and non-union friendly right to work laws.  More and more heavy manufacturing will seek the competitive advantage of a union free workforce.

EFCA, Canada, California and New York

A recent Pacific Research Institute piece provides a pretty good overview of the Employee Free Choice Act [EFCA] debate. It adds a couple of new thoughts. More after the jump

Resurgent economy?

U. S. gross domestic product rose at a 3.5 percent annual rate for the third quarter (July-September). This is the strongest rate of growth since the third quarter of 2007, and the first growth since the second quarter of 2008. According to the Washington Post (free subscription required), the surge is related to one time programs like the cash for clunkers auto program and the first time home buyers incentive program, both part of the stimulus package. The Wall Street Journal Reports the White House will claim today the stimulus created or saved 650,000 jobs. The Hill reports Steelworker's union President Leo Gerard urges President Obama to seek a second stimulus focused on infrastructure. But this AP article says the stimulus job creation math is funny, yielding overestimation of jobs creation in the thousands.

Thursday, October 29, 2009

Baseball players love them some EFCA

Twelve major league players have signed on in support of the Employee Free Choice Act. The Major League Baseball Players Association is a member of the AFL-CIO.

South Carolina 787 Washington 0

Boeing has announced its decision to locate a second assembly line for its delayed 787 airplane in North Charleston, South Carolina. Doubtless the decision of its existing South Carolina facility to kick out the Machinists, as well as an 8 week strike at its Everett, Washington facility where the planes are currently assembled were factors in the decision.

NRTWLDF aids workers

The National Right to Work Legal Defense Foundation has provided free legal assistance to 3 Michigan Teamsters in their attempt to opt out of paying full union dues. This is a problem we do not see in states with Right to Work laws, because union membership cannot be a requirement for employment. In non-Right to Work states an employer and a union can agree that employees must be union members. In that situation, employees who do not want to be full union members, must become financial core members and pay a portion of the unions dues attributable to the cost of representation. The Supreme Court in Communication Workers v. Beck, "guarantees the right of workers to opt-out of forced dues intended for purposes other than workplace bargaining, including lobbying, political activism, and members-only activities." It also requires unions to provide an independent assessment of how dues money is being spent.

Wednesday, October 28, 2009

School bus strike redux

First Student, the Ohio based company that provides school bus drivers to Hinds County Mississippi, blogged here, also has striking bus drivers in Lehigh County, Pennsylvania. Note the click through provides little information and a lot of opinion favorable to the union. Reason: The article is based on the Teamsters' Union press release, not independent reporting. Note the same problem here, here, and here. For an example of good coverage of a labor dispute look at this previous post about a 40 month strike.

Congress sets hearings on NFL drug case

Remember the NFL Starcaps suspension case blogged here? A federal appeals court found the NFL's collectively bargained drug policy did not preempt enforcement of Minnesota's state law regulation of drug testing, or prohibition against disciplining employees for consuming a substance not illegal. The NFL then suspended the suspensions of the involved players. According to the Twin Cities Pioneer Press the NFL is asking Congress to pass a uniform federal law to govern drug testing in professional sports. In so doing the NFL is rallying political support from the political branch to correct a judicial outcome. Congress should be receptive since its previous hearings involving major league baseball exposed the depths of steroid use by many star athletes. The political branch should be particularly receptive to supporting zero tolerance drug policies.

The NFL is seeking Supreme Court review of the case. The House Subcommittee on Commerce, Trade and Consumer Protection has set hearings for November 3rd.
The NFL's action may signal its concern that the current Supreme Court looks more favorably towards states rights than any previous Supreme Court since the election of Franklin Roosevelt as president, or perhaps the NFL sees the current court less sweeping in its application of labor preemption.

Tuesday, October 27, 2009

Flu update

Citing a shortage of vaccine, New York has decided mandatory vaccination of unwilling healthcare workers is a bad idea. OSHA has announced it will issue a compliance directive requiring healthcare providers to implement the Centers for Disease Control's Interim Guidance on Infection Control Measures.  The GAO also claims the intertubes will get clogged by the flu. The flu wary telecommuters will be slowed down because the rest of the sickies will be watching porn, playing games and otherwise wasting bandwidth needed to keep the economy working. "Increased demand during a severe pandemic could exceed the capacities of Internet providers’ access networks for residential users and interfere with teleworkers in the securities market and other sectors, according to a DHS study."

Monday, October 26, 2009

Happy Halloween - you're fired

A district manager for Bath and Body Works claims she was fired for practicing Wicca. The former employee took vacation days to celebrate Samhain, in Salem Mass., in 2008. Samhain, the Celtic new year, coincides with Halloween. In her federal court law suit for religious discrimination she alleges her manager told her "You will need a new career in your new year. … I will be damned if I have a devil worshiper on my team.” An overview of religious discrimination is available from the EEOC website. This case appears to be a direct evidence case rather than a failure to accommodate case.

Bus drivers halt strike

Strike ends for Hinds County Mississippi school bus drivers, previously blogged here. Details of new contract unclear until after vote by members.

Protesting the bankers

The American  Bankers Association is meeting in Chicago. Uninvited "taxpayers" are protesting with a little party crashing and street antics. The SEIU's perspective is here.

Sunday, October 25, 2009

BOO!

The SEIU wants you to buy union made Halloween candy. A list is provided here. Purchase wisely.

New EEO poster available as download

The EEOC has posted online an updated version of it "Equal Opportunity is the Law" Poster.

Saturday, October 24, 2009

Local ACORN eated

Updated 10/24/09: The Times Picayune reports recently ousted Louisiana ACORN Executive Director, Beth Butler, and other local ACORN leaders have scheduled a news conference today. National ACORN leadership has moved to impose "provisional administratorship" on the organization's Louisiana Chapter. Previously the Times Picayune, reported local ACORN leaders are not taking it. Butler claims a new local ACORN organization is going to open offices soon. Its a safe bet we'll see something like ACORN LA v. ACORN USA, Civil Action 2009 . . .  filed for decision by a person who wears black robes and wields a gavel. ACORN has been closely allied with the SEIU, both locally and nationally.

SEIU severs ACORN ties

Union friendly blog In These Times has an interesting post about ACORN and SEIU. SEIU Secretary-Treasurer Anna Burger is quoted as saying “SEIU has . . . cut all ties to ACORN.”  The post also discusses the major ACORN donors who have ceased donating. New Orleans based Local 100, and the hard times visited upon it, including the SEIU's October 7 revocation of its charter is also detailed.

Friday, October 23, 2009

6 out of 40

Louisiana boasts the number 6 city in the top 40 strongest U.S. metro economies according to BusinessWeek online. Hint: its not NOLA.

Bus drivers reject $, strike

A Mississippi school bus driver's strike shows how privatization of public services can also inject private disputes into government services. Several Mississippi school districts contracted with First District, an Ohio based private company to provide school bus drivers. The drivers in Hinds County represented by Teamsters local 891 went on strike yesterday. 54 of the 92 scheduled drivers reported to work on day one of the strike. Although still in the last year of the current labor agreement, the drivers in Hinds could strike because their agreement did not contain a no strike clause (OOPS). With a starting salary at $10.20 an hour, the drivers rejected the company's pre-strike proposal which would have provided 50¢ an hour retroactive to August 1, 30¢ more in February, and 50¢ in August 2010 ($11.50), 2011 ($12.00) and 2012 ($12.50).

Thursday, October 22, 2009

Employer's resources for employees military service

The Employer Support for the Guard and Reserve "ESGR" website provides a wealth of information to employers concerning their compliance obligations arising from the military service of their employees.

September unemployment

The Bureau of Labor Statistics has released September unemployment data. It reports Louisiana unemployment dropped to 7.4% from 7.8% in August. Mississippi experienced a similar drop from 9.7% to 9.2%.  Louisiana had 18th lowest rate. August figures were blogged here.

Wednesday, October 21, 2009

NLRB nominees clear committee

NLRB press release confirms President Obama's three nominees were approved by the Senate Committee on Health, Education, Labor and Pensions. Union attorney, Mark G.  Pearce, and Republican committee staffer Brian E. Hayes, were approved in a unanimous voice vote. Controversial SEIU attorney Craig Becker was approved 15-8. The AP reports Senator John McCain has vowed to put a hold on Becker out of concern he might try to "make the labor laws more friendly without congressional approval." Yesterday, a multi-industry letter opposing Becker's nomination was sent to HELP Committee Chairman Harkin, and Ranking Republican Member Mike Enzi.

Unlawful access?

At least one blogger believes provisions in EFCA mandating union access to company property violate existing Supreme Court case authority, Lechmere v. NLRB. Why this analysis is flawed after the jump. 

Tuesday, October 20, 2009

From the weekend

If you missed it, the Teamsters Union won an election to represent zookeepers at the Audubon Zoo. The Senate HELP committee will vote Wednesday on President Obama's nominees to the three vacant positions on the NLRB.

Senator Lincoln waffles on EFCA

Speaking to business groups in Little Rock, Arkansas Senator Blanche Lincoln claims she "opposes EFCA." Her solution: business and labor should work out a compromise rather than politicians. This, of course is not news. Senator Lincoln has repeatedly stated her opposition to card check EFCA while at the same time professing support for a bill backed by business and labor. Of course, this approach essentially gives both business and labor a one sided ability to prevent any legislation from passing, a point expressed here. As we have pointed out before, card check EFCA is dead, and its easy to oppose. The real battle is on time between petition and election and interest arbitration. These issues are more complex than whether you are for or against secret ballot elections. They also provide less political cover.

Monday, October 19, 2009

NLRB employee union protests NLRB management

The union representing NLRB employees does not like the way it is treated. They protest. Pictures are worth, well, a lot of words.

UAW Strike lasts 40 months

In 2006 Elkhart, Indiana was booming. It was the RV and musical instrument "jewel" of the Midwest according to this detailed article in the South Bend Tribune. With unemployment around 4% times were good. In those good times the 234 skilled craftsmen employed by the Vincent Bach factory went on strike after the company proposed wage and benefit cuts. At the time the average worker's wage was $21.00 per hour. This detailed account of the causes and effects of the 40 month UAW strike is a powerful reminder that strikes can have disastrous consequences, including decertification.

Sunday, October 18, 2009

Senate HELP committee to vote on NLRB nominees

Update: The Associated Press and the Wall Street Journal blogs the Senate Committee on Health Education Labor and Pensions will vote on President Obama's nominees for the 3 vacant positions on the NLRB. The Committee rejected a request to hold hearings on one of the nominees, Craig Becker, who serves as Associate General Counsel to both the Service Employees International Union and the AFL-CIO. Now if there wasn't enough reason to dislike Mr. Becker, this Princeton class of '72 graduate has trouble with the fact Mr. Becker is a Yaley.

Saturday, October 17, 2009

Teamsters win at Audubon Zoo

Teamsters Local 270 won a close representation election (17 yes, 14 no) among zookeepers at the Audubon Zoo. The Times Picayune reports Audubon employs about 600, 450 of whom are full-time. The Teamsters represent other zoo workers in San Diego and Chicago. Local 270 President David Negretto that other groups of Audubon employees have expressed interest in joining the Teamsters.

Friday, October 16, 2009

TRO issued against mandatory flu vacinations

New York is the only state in the country (so far) to have mandated flu vaccinations for healthcare workers. A state court judge has issued a TRO in favor of three nurses and consolidated their suit with one brought by the New York State Public Employees Federation and the New York State United Teachers Union.

Practice and Procedure Committee meets.

This blogger attended the Regional Meeting of the ABA Practice and Procedure under the NLRA Committee held today in New Orleans. This is a meeting where union and management representatives discuss procedural issues with NLRB personnel which may seem a little too "inside baseball" to some. Although not a true agenda item, EFCA was discussed. Since it remains unclear as to what a final Act will look like, little specific preparation has been undertaken by the Board. Also of note, case filings in Region 15 (New Orleans) in FY 2009 were close to 600. Decisions by the current 2 member (3 vacancy) NLRB have topped 500. Discussions about the effect of Dana/Metaldyne were also most interesting, although there had been a number of Dana Notices issued, only one election had been conducted, and the union won that election. We have consistently chided our friends representing labor that Dana/Metaldyne would have been an easier political sell than pure card check has been. These anecdotal statistics suggest it might also be a very effective alternative for labor to explore.

The EEOC has updated flu advice

The EEOC's technical assistance document for flu has been updated and expanded. There is a very informative Q. & A. section. Specific advice permits employers to send persons home with flu symtoms. Direction on what inquiries are appropriate is also provided.

Thursday, October 15, 2009

Wage/Hour study indicates exposure

We have noted a rise in wage/hour litigation in our offices. A lot of it is driven by belated investigation of contractors post-Katrina practices. But violations occur in many industries. A recent academic study indicates widespread violations in three major metropolitan areas - Los Angeles, New York and Chicago. The survey's advisory board includes both SEIU and UNITE locals. The focus of the survey is upon urban low wage workers. The study concludes more aggressive enforcement is needed to ensure compliance.  Bullet summary after the jump

Wednesday, October 14, 2009

Pay cuts

The New York Times reports the Bureau of Labor Statistics total weekly pay for production worker's index (representing about 80% of the workforce) has declined for the ninth straight month. In the 44 year history (1965) of the weekly pay calculation, the previous record of months of decline was 2. The point is even those who have jobs are earning less.

Chicago enjoined over private labor dispute

A federal court in Chicago has found the City of Chicago and one of its Alderman violated the National Labor Relations Act by conditioning the permitting of a sidewalk cafe on the hotel employer resolving a lengthy strike in favor of a union. This case shows the risk associated when public officials interject themselves into labor disputes. The court relied upon Golden State Transit Corp. v. City of L.A, 475 U.S. 608, 619 (1986) (stating that conditioning the receipt of government benefits on an employer’s settlement of a labor dispute impermissibly intrudes into the collective-bargaining process and interferes with the policy underlying the NLRA). Our previous post on public officials enjoined for their involvement in an employers union free campaign is posted here.

Union financial disclosure rule rescinded

Unions with annual revenues exceeding $250,000 are required to file a detailed financial disclosure document, the LM-2, annually. The document requires disclosure of information on income and disbursements, including salaries and expenses paid to union officers and employees. The prior administration had promulgated a rule requiring changes to the form mandating more detailed disclosure. The current administration rescinded the new rule. The lengthy and interesting explanation for the rescission is here.

Tuesday, October 13, 2009

Union official accused of accepting bribe

A union official is accused of soliciting and accepting a bribe from an attorney. The payment allegedly was made to keep the attorney on the list of union approved personal injury attorneys. It seems the unnamed attorney was slated to be removed from the approved list due to alleged ethical violations. The attorney notified the Department of Labor and cooperated in the investigation.

Politics of card check

We have noted multiple times on this blog EFCA, with card check, is a dead issue. There will be labor reform, but removing the secret ballot election from the representation process is not going to be a part of the final law. Opponents of card check are beating a dead horse. Not only is this wasteful of resources, it makes "quickie" secret ballot elections an increasingly viable alternative. By continuing to rally against card check, opponents of labor reform make it easier for politicians seeking cover to say "I did not support card check, I stood up for secret ballot elections." Elections five or ten days after a petition is filed seem reasonable to the public. Having won the card check battle, opponents of reform should confront the real problem of an uninformed workforce voting on an issue deserving serious debate. Union allegations of worker intimidation and unlawful conduct during traditional election campaigns are correctly addressed by stiffer penalties for existing unlawful conduct, not quick elections. Labor ties employer intimidation to the length of time between petition and election. There really is no direct correlation except the duration of opportunity. Labor muddles lawful effective employer persuasion with unlawful threats. The former educates, the latter intimidates. Both can persuade employees to reject union representation, but lawful persuasion with legitimate facts and argument has a place in the debate. Labor's goal is to shut the employer out of the debate on selection of a representative. Only those who believe Labor's interests are congruent with all employees' interests can, with intellectual honesty, but still incorrectly believe shutting down employers' side of the debate is a good idea. Even mandated union access to company property and employees is less of an actual threat than elections being conducted so quickly as to preclude robust discussion of the adverse consequences of unionization.

Monday, October 12, 2009

ACORN ousts longtime local leader

Executive Director of Louisiana ACORN, Beth Butler, who also is reported to be the long time "companion" to ACORN founder Wade Rathke, was fired today. Butler had worked for ACORN for 37 years. Details here.

Survey - Why employees quit

Interesting survey on why employees say they leave a job, as compared to what employers think is the reason. Inadequate compensation tops the list. (Employees 56%, Employers 46%). Second and third highest reasons - inadequate professional development opportunity and, insufficient recognition. More after the jump.

Unemployed!

Businessweek reports the unemployment rate for 16-24 year olds is a whopping 18%. A cover story entitled "The Lost Generation" notes only 46% of 16-24 year olds were employed last month.

PLA's discriminate

A Louisiana Weekly article makes a compelling case that Project Labor Agreements discriminate against Black owned construction companies which are 98% non-union. The article also explains the reason for the non-union status of those businesses. If unionized, they likely would be pressured into hiring employees from predominantly white union hiring halls.

Sunday, October 11, 2009

Searcher finds nut

Someone has noticed the Louisiana Secretary of State's searchable corporation data base is useful. In addition to the information on Wade and Dale Rathke, a search for the term "ACORN" returns 4 pages of business organizations, many of which relate to ACORN's activities. A similar search for SEIU and Service Employees International Union turned up empty. But then there is a reason for that  . . . .

Saturday, October 10, 2009

Unions snatching bodies anywhere

The Chicago Tribune has an interesting piece about the Teamsters moving beyond its traditional truck driving membership and the Steelworkers organizing healthcare facilities. Referenced in the article is the Oak Brook library we discussed here.

Labor fairing well in recession?

Reuters has an interesting article about how unions are weathering the economic slump. It says unions "represent" 17.8 million workers, 13.7% of the nation's workforce. The Bureau of Labor Statistics reports the latest figures on union "membership" at 12.4% and 16.1 Million. The quoted numbers include the estimated 1.7 million employees who do not belong to a union even though it is their representative. The Reuters piece also quotes the BLS as its source for its claim that so far in 2009, there have been only 3 strikes involving over 1000 workers as compared to 15 in 2008 and 29 in 2001. First year wage increases were at 2.5%, down from last year's 3.7% increase.

Hospital hit for doctor's sexual harassment

A JDSupra poster has commented on a case tried in state court in New York involving sexual harassment. The jury returned a $15 million verdict against a hospital ( $8 million for past emotional distress, $5.5 Million for future emotional distress and $1.5 Million in punitive damages). Despite the doctor's persistent bad conduct, the trial judge reduced the award to $750,000 for past emotional distress.  Bianco v. Flushing Hospital Medical Center (Supreme Court, Queens County, Index # 18702/04).

Friday, October 9, 2009

Gross out

The SCOTUS opinion in Gross v. FBL Financial Services, Inc., No. 08-441, U.S. Supreme Court (June 18, 2009) is the subject of a new bill filed by Senators Harkin (D-IA), Leahy (D-Vt), and Congressman George Miller (D-CA). Their bill is patterned after the Civil Rights Act of 1991. The Act makes clear that when a victim shows age discrimination was a “motivating factor” behind a decision, the burden is on the employer to show it complied with the law.

AFL-CIO claims public sector victory

AFL-CIO blog claims "The 2010 Defense authorization congressional conference committee yesterday repealed the anti-worker National Security Personnel System (NSPS)." The blog claims the Bush era NSPS was "anti-worker," and "highly flawed."

NLRB announces . . . .

The NLRB's General Counsel's office has issued two Operations Management memorandum. The first sets the interest rate on back pay awards at 4%. The second announces a digital video for the public "that dramatically portrays representation case processing." This ought to be helpful in basic labor law courses. Doubtless it also is designed to counter some of the anecdotal criticism focusing on long delays favoring employers in representation matters.  With EFCA looming will version 2.0 be necessary soon?

Thursday, October 8, 2009

Unions asked for concessions

Survival of the nations 15th largest newspaper (based on circulation) the Chicago Sun Times depends upon concessions from its unions.

Labor economists hate EFCA?

When I first saw the post on a survey of labor economists on the anti-union, anti EFCA site Unionfacts.com I read it as a "dog bites man" piece. But looking at the questions and the survey methodology (e-mail) something more remarkable than the touted results appears.
It is amazing that 36% of those surveyed favored card check and only 47% opposed federally appointed arbitrators imposing binding contracts covering wages, benefits and other issues. Granted labor economists might have a more nuanced view of EFCA, but this support is surprisingly high compared to surveys of the general public.

What is a majority?

The Hill reports (scroll down on the link) on labor activity anticipated as President Obama's team takes charge of the government. One of the interesting changes discussed is a change in election procedures under the Railway Labor Act which governs labor relations for railroads and airlines. In representation elections eligible voters who do not vote are counted as votes against unionization. To win an election a union must get a majority of the eligible voters to affirmatively vote for it. This makes some sense because a union's majority status is  the basis for permitting it to become the representative of the entire bargaining unit including those who object to representation. The interesting thing is elections under the NLRA are determined by the majority of the actual votes cast. It is fair to say the latter method seems to be the one embraced in most political contests and private majority rule contexts. More here.

Wednesday, October 7, 2009

Its all the Rathkes' fault

ACORN's CEO Bertha Lewis claims Attorney General Buddy Caldwell's investigation and subpoena for information concerning an alleged missing $5 million dollars is based upon false information from two former ACORN board members. Ms. Lewis also says the organization is busy cleaning up the mess left by Wade Rathke, ACORN's founder and the $5 million dollar figure is based upon the estimate that it will cost that much over the next 2 years for lawyers, accountants and expenses associated with the clean up of the mess she inherited.

First PLA project announced

The Washington Times reports the announcement of a $35M New Hampshire federal construction project, the first under a PLA since the Clinton Administration.

PLA's fail stated goal

While campaigning last year, President Obama stated “we need to make sure the government uses project labor agreements to encourage completion of projects on time and on budget." Suffolk University economics professor David G. Tuerck penned an opinion piece in the Boston Globe which characterizes Project Labor Agreements [PLA's] as an Obama administration reward to labor. Key points: 1) PLA's have added 12 to 18 percent to school construction costs in Massachusetts and Connecticut, 2) during the PLA-free Bush administration no delays or cost overruns were reported to have occurred due to the absence of PLA's, 3) its "easy to find" delays or cost overruns on PLA projects. While this is not an apples to apples comparison it does make a point that PLA's don't assist the timely, on-budget completion of public construction projects.

Tuesday, October 6, 2009

UAW sabotaged Saturn

A Detroit News editorial blames both General Motors and the United Auto Workers for the pending demise of Saturn.

FTC issues endorsement rules for bloggers

The Federal Trade Commission has issued rules requiring bloggers to disclose the receipt of cash or in kind contributions from the subject of their reviews or endorsements. From the FTC release and the connection to unions after the jump:

Monday, October 5, 2009

Acorn $5M embezzlement

Louisiana Attorney General Buddy Caldwell is investigating allegations that the price of embezzlement at ACORN was $5,000,000.00 rather than the one million dollars previously reported as repaid. According to the Times Picayune a subpoena has issued for records from more than one entity. My, My! More on the ACORN/SEIU connection and corruption here.

Green, Inc., green Apple

The United States Chamber of Commerce has taken quite a hit for its less than green stance on global warming. Today Apple Computer withdrew from the USCC over its position on global warming. This Blogger has long been an Apple fan because it produces insanely great products. We rationally support the USCC on the Employee Free Choice Act [EFCA], but I have children and hope to have grandchildren and failure to acknowledge climate change and failure to support solutions is no longer a rational position, irrespective of assigned cause.

Unionized plant closed

The New York Times has a long story about the misfortunes of the 133 year old Simmons Bedding Company. The first three pages are about the leveraged buyout/private equity partners who owned the company. The final page talks of the effect the closure of one of its Georgia plants had on its unionized workforce. This is a sad story on many levels, but it de-bunks the myth that unionization means job security.

Small SEIU victory

Chicago SEIU Local 73 battles back against increased workload goals. Seems the patient intake staff were expected to increase their patient intake from 5 to 8 an hour. Believing the increase in productivity was a basis for cost reductions and job elimination, the union turned its attention to "quality" thereby reducing the average intake from 5 to 3 an hour. There is no specification of the type of problem inherent in admitting 5 patients an hour that may be eliminated by admitting only 3 persons an hour. The union spokesperson provides no discussion of what quality improvement is expected from taking more time to admit those in need of hospitalization. Of course there must be real benefit or otherwise the productivity reduction might be seen as an unlawful work slowdown.

Sunday, October 4, 2009

New York's card check law.

Update: The State of New York and New York City have employed an evolving process of determining a unions majority status among public sector bargaining units. A secret ballot election is not required. William A. Herbert, Deputy Chair and Counsel, New York State Public Employment Relations Board presents a detailed, excellent, historical account of the successes of recognition without an election in public sector bargaining. To his credit he does not argue this historical data unqualifiedly supports private sector card check recognition. What he does suggest is the 50 years of historical data is relevant to the debate.
More after the jump

Saturday, October 3, 2009

"Nobody here likes those kind of people."

Under pressure from budget cuts, the village librarians sought out the Teamsters. Sometimes the union is not the worst person in the story.

ACORN loses private funding

ACORN received about 10% of its annual budget from the federal government according to sources quoted in this Washington Post article. Foundations, member dues and private donations make up the rest of its $25,000,000 budget. Over the past 18 months many foundations have dropped their support of the controversial organization.

Friday, October 2, 2009

Jeff. Parish reaches agreement with teachers' union.

The Times-Picayune reports the Jefferson Parish School Board and the Jefferson Federation of Teachers have reached agreement on a new collective bargaining agreement. Although the details were not disclosed the article quotes an anonymous source saying the wage increase totals around $1,200.00 over the next three years.

AFL-CIO and social media

The AFL-CIO blog recently embraced the use of social media as an organizing tool. One of an employer's big advantages in the effort to maintain union free status is the difficulty labor has in contacting employees. Employers assert property rights to prevent FtF access, access to e-mail or any other use of company property to communicate a union message. Under current law, employers have many ways to prevent workplace communications concerning unionization, as long as they do not discriminate on the basis of content. While unions are free to approach employees at home, or other times when they are away from the workplace, this is both intrusive and inefficient. Thats where the intertubes, social media and blogging comes in.

Thursday, October 1, 2009

Unemployment

The Bureau of Labor statistics reports unemployment was higher in all 372 metropolitan areas in August of 2009 as compared with August 2008. Two of the highest rates were reporteded in and around Detroit. Two of the lowest were reported in and around the District of Columbia. New Orleans unemployment stood at 7.4% last month as compared with 5.0% a year ago. Jackson, MS reported a 7.5 rate, up from 6.1% a year ago. And YIKES! 24 of the 27 metropolitan areas in California reported double digit rates of unemployment, including an eye-popping 28.7% in El Centro.

Union complains about lost election

AFL-CIO blog complains again EFCA is needed because unions cannot win secret ballot elections. Commenting on the Union's loss at Blue Diamond, the writer notes a "judge" ruled the election conducted was valid, even though the union claims the company acted unfairly. Claiming that unspecified wrongdoing went "unpunished" the blogger says this is why EFCA is needed. My goodness, the union lost the election 142-353. The articles in the click thrus do not describe employer conduct that is unlawful. According to NLRB statistics unions win 55-60% of the elections conducted. Its not the process, its the product. Informed employees reject unionization. With EFCA unions want to prevent a reasonable period of time to discuss issues before employees sign a card or cast a ballot.

EEOC sues Boh Brothers

The Equal Employment Opportunity Commission [EEOC] has filed suit against Boh Brothers Construction Co., L.L.C., a major New Orleans area contractor. The suit alleges male on male sexual harassment and retaliation. The suit alleges the employee was transferred after complaining of harassment to a position where he earned less and had to commute further, and shortly after the transfer was terminated from employment. This suit is one of 32 suits the EEOC has filed in the latter part of September.