Lame Duck JPSB wont meet

Looks like the lame-duck Jefferson Parish School Board wont meet to address unionization of support workers. Labor likely will face a much less friendly Board when the new members take office. Previous posts here.

Rising costs for retiree health benefits

The indirect effects of high unemployment takes a toll on healthcare costs of retiree participants in collectively bargained plans. Many retiree-participants in union health and welfare funds are facing large increases in monthly contributions (from $50 to as much as $864 pert month. Yikes!

Workforce Committee

Whats in a name? Sometimes everything, at least in Congress when it comes to Democrats coddling labor and Republicans shunning the same.

Sports lockouts loom in 2011

March 4, June 30, and December 11 2011 are fateful dates for labor according to this AP feed.  Those are the dates the NFL, NBA and MLB labor agreements expire. (The NFL agreement expires September 15, 2012). Lockouts loom likely in both the NFL and NBA, although it seems more likely MLB will reach a deal. Perhaps that is because baseball suffered twelve years of reduced attendance after the 1994-95 strike. These labor negotiations are a potential game changer for labor which has seen its public image take a huge hit in the last few years. Prior posts here. The players are the presumptive beneficiaries of public opinion, but the anti-labor noise machine has not engaged yet. This will be an epic public relations struggle, and one with high stakes for organized labor, not to mention the fans and the host cities. Who will take the fall for the disruption? That is the underlying struggle worth watching.

AGC Solomon presses better ULP remedies

Acting NLRB General Counsel, Lafe Solomon, issued a General Counsel's memorandum encouraging the Regions to seek more effective remedies for unfair labor practices committed during organizational campaigns. This adds to his previous instructions to seek injunctive relief for discriminatory discharges during organizing campaigns, previous post here. Included in the new memo are certain limited access remedies including access to company bulletin boards, forced reading of the Board's remedial notices and early access to employee names and addresses.

Delayed vote on JPSB union

Well the Jefferson Parish School Board still has not finished its union business. No, its not a law suit causing the delay this time.Seems that yesterday's meeting had to be called off when they could not get a quorum. Five members were no-shows for the meting at which the lame duck Board was to vote on union representation for school support staff. Previous posts here.

NLRB proposes notification of rights rule

The NLRB has announced a Notice of Proposed Rulemaking, for a new rule which would require employers to notify employees of their rights under the National Labor Relations Act. From the presser:

Private-sector employers (including labor organizations) whose workplaces fall under the NLRA would be required to post the employee rights notice where other workplace notices are typically posted. If an employer communicates with employees primarily by email or other electronic means, the notice would be posted electronically as well. The notice would be available from the agency’s regional offices and could also be downloaded from the NLRB website.

The 60 day comment period is open. replies are accepted electronically to www.regulations.gov, or by mail or hand-delivery to Lester Heltzer, Executive Secretary, NLRB, 1099 14th Street NW, Washington DC 20570. A fact sheet is here.

TRO issued preventing JPSB from authorizing unionization.

The on again off again tug of war in Jefferson Parish over unionization of school support workers is temporarily enjoined. Seems someone is making the case that the lame-duck Board's efforts to allow workers to unionize violates the decades long desegregation consent decree. Previous posts here.

NFL contract by Superbowl?

Roger Goodell says its possible. Players association representative says "no comment." You can take the other side of this bet and give the points, plenty of points.

Secret Ballot Protection Act

Is this the new issue? Maybe, but it has less chance of becoming law in the next two years than the horrific Employee Free Choice Act ever had. This Red State poster wants to ramp up and bludgeon "teh unions" now that votes can be forced by anti-labor forces in the House. What a waste of time. Such legislation will not get through the Senate, much less past a Presidential veto. Realistic reform might take hold if rational discussions were undertaken by both sides. Yes, the penalties for flagrant violations of the NLRA should be enhanced, even where real remedies might chill an employer a bit in its efforts to remain non-union. But in return, big labor must be willing to back off card check and permit fair secret ballot elections to determine if an un-coerced majority of workers want a union or not. No union should be imposed on a workforce without majority support established by a secret ballot determination of the majority's will.

Dana Disinformation

Sometimes the posturing goes overboard, like here. The poster, a frequent source of pointed anti-EFCA, anti labor posts, does a disservice to the legitimate arguments against both. We have consistently written in favor of the NLRB's 2007 decision in Dana Corp, and its positive protections which avoid collusive imposition of a union on a workforce without a secret ballot election to determine majority status. We have argued Dana Corp would have been a better pattern for EFCA reform than EFCA. We still believe that to be true. But the reality is Dana Corp changed labor law, and the Obama Board's return to pre-Dana law of recognition (the old law was in place for 50 years) is less remarkable than the Dana decision itself. Posters who suggest otherwise are uninformed, or worse.

Game on!

The American Federation of State, County and Municipal Employees (AFSCME) is soliciting signatures on an open letter challenging right wing pundits Glenn Beck and El Rushbo to stop maligning public workers.

Unionization OK for Jefferson Parish school workers

The lame duck Jefferson Parish School Board has voted to allow union representation by school support workers. Previous posts here. It will be interesting to follow how the new Board will address this issue.

FMLA notice does not have to comply with Employers heightened notice requirements

The Fifth Circuit has reversed a grant of summary judgment to a FMLA employer which terminated a covered employee for not following the employer's own internal notification process. The employee, who suffered from a serious mental incapacitation, and whose mother, as court appointed guardian, communicated with the employer, according to the  Court, provided sufficient notice to meet FMLA's minimum notification procedures. Of interest is the Court's footnote which suggests the result might have been different under the  revisions to 29 C.F.R. § 825.303—which arguably increase the duties imposed upon employees seeking FMLA leave.

Say it ain't so, Bob

Pity poor Bob King, president of the United Auto Workers (UAW). He recently spoke in favor of the Korean Free Trade Agreement claiming it was good for domestic automakers and their workers. The Economic Policy Institute estimates it will cost 159,000 domestic jobs over the next five years. King must be feeling a bit like another president whose taking a lot of flack from his leftist supporters. Jane Hamsher at Firedoglake and Huffington Post says its a bad trade - 800 jobs secured for the UAW, thousands lost for everyone else.

Cost of NFL lockout potentially large

What would an NFL lockout cost each city with a team? A lot, says a new study discussed here.

Miller nixed, union afilliation noted

Marvin Miller, long time head of the Major League Baseball Players Association (1966-1981) failed to get enough votes for Hall of Fame membership. This article suggests a few voters hate them some unions.

Class actions before Supremes

The Supreme Court will review the Walmart class action case.

Unemployment rises

Despite a gain of 39000 jobs, the unemployment rate in November rose to 9.8% (up from October's 9.6%).

Revitalization roadmap

A former union organizer (20 years) has penned a piece on revitalizing unions for The Nation. Key point, unions need to organize people, not necessarily in unions, but around ideas and causes that really matter to, well, people.

Processed out with a PIP

Performance Improvement Plans (PIP's) are viewed as an employment death sentence by most employees put on one, and for the most part the assessment is correct. But the absurdity that is a PIP is not without very logical benefits for the employer. Here is an excellent post about the actual benefits of PIPs to employers.

Lockout ticket refunds

It appears the NFL owners are prepared to refund ticket purchasers if a lockout cancels games in 2011. Smart move by the owners to avoid ill will in the public relations battle for the hearts and minds of the fans.

Politics of deficit reduction

Is the federal worker pay freeze political theater or deficit reduction reality? Mike Elk's post at labor-friendly In these Times think its Obama's PATCO moment.

Back to basics - organize!

Thats what Randy Shaw says at BeyondChron. The solution to stopping labors decline in membership is not political, it is based on investment in organizing. Randy's right, hard work and organizing are required. Quick political fixes are not happening.

Race and refereeing

Two ivy league economists claim in a new study the outcome of NBA games may be affected by the race of the referee. Their conclusion:

We find that players have up to 4% fewer fouls called against them and score up to 21⁄2% more points on nights in which their race matches that of the refereeing crew. Player statistics that one might think are unaffected by referee behavior are uncorrelated with referee race. The bias in foul- calling is large enough that the probability of a team winning is noticeably affected by the racial composition of the refereeing crew assigned to the game.

NFL owners 2011 lockout a certainty?

DeMaurice Smith, Executive Director of the National Football League Players Association (NFLPA) says a lockout is a near certainty. Far less clear is who wins if there is one. One interesting follow is the extent to which the professional union haters will go to trash the players, as well as the public reaction to any shutdown of the secular religion that is professional football.

JPSB revotes authorization for unionization of support workers

The lame duck Jefferson Parish School Board, in an attempt to side step a court challenge to its decision to allow support workers to decide on unionization, voted to schedule a vote on December 8 on the issue of whether the Board itself would designate the Jefferson Federation of Teachers as collective bargaining representative for clerical workers, paraeducators and crossing guards, and the Service Employees International Union (SEIU) as the collective bargaining representative for cafeteria workers, custodians and transportation employees.

Secondary pressure and the decline of labor

Joe Burns' post at Labor Notes does a good job of explaining secondary pressure as a union solidarity issue. He attributes labor's decline, in part, as a result of the banning of secondary pressure.

NFL and NBA?

Could the NBA and the NFL both have 2011 lockouts?

"What do you want?" "Access!"

In class I spend a considerable amount of time on accessibility issues, including employers' restricting accessibility to their premises during union organization attempts. In that regard we discuss Lechmere's importance in establishing outside organizers have no Section 7 right to access an employers premises, Republic Aviation, which restricts employers from prohibiting employees from discussing and soliciting for unionization during non-working time, and Register Guard's denial of employees' access to company e-mail for union purposes. It now appears the Obama Board is willing to consider these issues, big time. More after the jump

Rats! Bedbugs!

Tied to a giant blow-up rat is a flyer urging hotel guests at a New York hotel to beware of bedbugs. Seems the hotel may have had a problem in the past, but the union's real problem is with the "blood-sucking parasite" of a contractor that the hotel engaged to remove asbestos from another hotel property they owned.

Union vote blocked in Jefferson

A group of business organizations, including the Jefferson Chamber of Commerce sued to block Jefferson Parish School Board support workers from voting today on union representation. A hearing is set November 29th in 24th JDC before Judge Petrie.

Denied!

Senate Republicans vote unanimously (58-41) against an up or down vote on the Paycheck Fairness Act.

Quack!

The lame duck Jefferson Parish School Board has voted 6-3 to let 3,000 school support workers opt for union representation. Wow! This is a real gift to local unions. The approval vote happened last week, and the employees will vote tomorrow. This is an example of what labor wants to achieve in the private sector -  fast elections. Essentially there is no time to inform employees of the down side of unionization, or to mobilize any worker or community opposition. The fact that the issue would be decided by a lame duck Board, a majority of whose members will be replaced in January, only underscores the problem with politicians addressing labor/management issues. Whose representing the taxpayer at that bargaining table?

Unemployment boosts economy says DoL

The Department of Labor (DoL) has released its report on multi-year study on the positive effects of unemployment insurance on the economy. Important findings:

• For every dollar spent on UI, economic activity increases by two dollars.
• During each quarter of the recent recession, UI benefits kept an average of 1.6 million Americans on the job.
• At the height of the recession, UI benefits averted 1.8 million job losses and kept the unemployment rate approximately 1.2 percentage points lower.
• UI benefits reduced the fall in GDP by 18 percent. Nominal GDP was $175 billion higher in 2009 than it would have been without UI benefits. In total, unemployment insurance kept GDP $315 billion higher from the start of the recession through the second quarter of 2010.

Full report is here.

Lame Duck vote on Paycheck Fairness Act

A cloture vote on the Paycheck Fairness Act, S. 3772 is scheduled for tomorrow. The Paycheck Fairness Act would amend the Equal Pay Act. The EPA was designed to require equal pay for equal work, but has been judicially interpreted to permit employers to defend pay disparities provided the differential in pay is based on a factor other than sex. The PFA requires any differential to be based on “bona fide factors” such as education, training or experience. Such bona fide factors must also be consistent with “business necessity.” SInce the bill has already passed the house, Senate passage would send the bill to President Obama who favors the legislation and is expected to sign it.

Ante upped

The National Football League Players Association (NFLPA) has taken another step in preparation for a 2011 lock out. It has announced full affiliation with the AFL-CIO state labor organizations in states where teams are located.

You couldn't be more wrong

Sometimes you have to laugh at the stretch used to make political hay. This piece from the Cato Institute makes the argument that Samuel Gompers, the iconic labor leader, who opposed government intervention on behalf of workers in the early years, would today also oppose government intervention. This often used tactic effectively persuades some readers because the source of the alleged assertions is not challengeable by the target audience. The problem is Gompers lived in a different time. He died in 1924, prior to the Great Depression and prior to the passage of the National Labor Relations Act. He lived in an era where many actions of state and federal police powers actively discouraged labor's economic self help agenda. More after the jump

GINA summarized

Great summary of Genetic Information Nondiscrimination Act (GINA) requirements. Full regulations here.

Res judicata does not bar subsequent retaliation claim

The 11th Circuit just decided an interesting FLSA retaliation case. The plaintiffs filed suit  concerning overtime violations. Subsequently, after the initial suit was filed, the plaintiffs filed a second suit alleging retaliation occurring after the filing of the original claims. Because there was no amendment or subsequent pleading asserting the second claim in the first suit, disposition of the first suit did not bar the second suit as res judicata.

You're a f#@$*^% a$$#@!!

Protected Concerted Activity exhibited in Youtube animation. Hat tip to Workplace Prof Blog.

Union plays hardball in Atlantic City

UNITE HERE, potentially looking at a bitter labor dispute with Reveal Entertainment, has launched an initiative aimed at Reveal's investors in advance of a $1.3 billon dollar high yield debt offering.

Union organizing in D.C.

Here is a pretty interesting long post about union organizing in the construction industry in and around Washington D.C.

Take a step back

Social security is not on life support or at least so says a new report issued by the Center for Economic Policy and Research. The report calls for a delay in tinkering with a program whose need and popularity has only been increased by the Great Recession.

GINA rules

Yesterday the EEOC has published final rules for implementation of the Genetic Information Nondiscrimination Act (GINA).

Enjoined!

The federal Fifth Circuit has affirmed a 10(j) injunction ordering the reinstatement of unfair labor practice strikers. The Employer unsuccessfully argued the Board's December 2007 delegation of authority to the General Counsel was invalidated by the Boards subsequent loss of a quorum.

Employees protected by NLRA when engaging in social media

The Hartford, CT, Region of the NLRB has issued a complaint in a case involving the termination of an employee who posted negative comments on Facebook about her supervisor. The Region's investigation determined the employee's remarks posted to her personal Facebook page from home which drew comments from co-workers supporting her assessment of the supervisor was protected concerted activity. The Region also determined the company’s blogging and internet posting policy blanket provisions, (1) prohibiting employees from making disparaging remarks when discussing the company or supervisors and (2) prohibiting employees from depicting the company in any way over the internet without company permission, interfered with employee rights to engage in protected concerted activity. At this stage these claims are just allegations, but employers should take note these allegations are likely to receive sympathetic treatment by the current NLRB. Previously the Office of General Counsel had issued an advice memorandum approving a narrowly crafted internet non-disparagement policy. The acceptible policy prohibited the following: "Disparagement of company’s or competitors’ products, services, executive leadership, employees, strategy, and business prospects."

State anti-EFCA measures

Four states (Arizona, South Carolina, South Dakota and Utah) passed provisions requiring secret ballot elections to determine a union's majority status. First, it is extraordinarily unlikely the NLRB will abandon secret ballot elections, so any petition would be processed under the current, long-standing secret ballot election procedures used by the NLRB. As for voluntary recognition situations, under which employers and unions may by-pass the election process, the effect is less certain, but absent a major rethinking of federal preemption, I do not see how states can permissibly regulate the process of determining majority status by card check or other non-election evidence that a majority of the employees support unionization.

Union firewall for Democrats?

Hart research polled union and non-union voters in 100 swing congressional districts. Findings are expected in part, and unexpected in part. Union voters provided the firewall for many surviving Democrats, particularly in the Senate races, while white working class voters more dramatically supported Republican candidates (white non-college educated men picked Republicans 67 to 33 percent). The AFL-CIO blog on the survey sounds a note of caution for Republicans. Despite the voting, however, it seems working class voters favored many positions favored by Democrats: (for example, 63 percent against tax cuts for earners of $250,000+, 62 percent against social security privatization, 75 percent against reducing or eliminating the minimum wage).

Influencing NFL Labor Policy.

Here is a recent post about the influence Patriot's owner Robert Kraft has in league matters in general, and in decision making about labor policy and the looming potential lockout. No one has more stature and clout.

Minimum wage and job loss

Does an increase in the minimum wage cause a reduction of minimum wage jobs? In the past some studies suggested there is a job loss associated with increases in the minimum wage. But a new study, reported here, using comparisons between counties in different states with different minimum wages suggests neither short term nor long term negative effects on jobs occur as a result of increases in minimum wage requirements. Video here

Union members desert Democrats

If tomorrow is a bleak day for Democrats, one reason will be union households did not vote as reliably for a Democratic candidate as in previous elections.

Revitalizing unions

In These Times has an interesting post on revitalizing the labor movement. It focuses on University of Texas law professor Julius G. Getman's new book, Restoring the Power of Unions: It Takes a Movement. Getman portray's the Hotel and Restaurant Employees Union (HERE) as a model of a member centered labor organization which has created its own mobilized rank and file, a rejuvenation of a movement, solidarity - core values gone missing from other labor organizations. Getman also rejects card check recognition as labor's salvation. He's not against it, he just does not believe it will effectuate needed change. Getman correctly notes two restrictions on labor's economic power have crippled the labor movement over time. The first is Mackay Radio, which held economic strikers can be permanently replaced. The second is Taft-Hartley's ban on secondary economic pressure.

Survey Says: hookey

A Careerbuilder survey suggests 29% of employees have missed work at least once in the last year for unapproved reasons. Survey also shows 16% of employers have terminated a worker for missing work without a proper excuse.

Senate candidates think minimum wage laws unconstitutional

Two Senate candidates have claimed regulation of the workplace by Congress is unconstitutional. This despite a unanimous Supreme Court upholding the validity of the Fair Labor Standards Act in 1941.

Electronic notices required

In a divided decision (Hayes dissenting) the NLRB has adopted electronic notice requirements when that is a "customary means of communicating with employees."

Compound interest daily

The NLRB, in a 4-0 decision, underscores unanimity on providing remedial relief by adopting a new rule that interest on back pay awards will be compounded daily.

Why was it even close?

The Wobblies (International Workers of the World) lost a representation election in Minneapolis at fast food chain Jimmy John's. The employer vigorously contested the election even hiring a well-known union avoidance consultant. The newsworthy question is why was this one close? The Wobblies have a history as a far left union, and recently have focused on organizing workers other unions have not targeted. The labor organization lost 87-85 with 2 challenged ballots. Even if the 2 challenged votes went its way, the union lost the election, because it could not establish its majority status. Nevertheless, it plans to object to the results claiming the employer engaged in unfair labor practices.

NFL says no health insurance during lockout

The NFL signaled, again, its intention to play hardball. NFL Commissioner Goodell says the NFL's decision is a good reason for the NFLPA to come to the bargaining table and reach a new deal with the league.

The Devil is in the Math

Pro-labor site In These Times has posted a piece claiming an employer's lockout is costing the company more than giving into the union's contract demands. The first question is "why is that news?" One would assume the disrupted continuation of work would be more expensive. Upon closer analysis, however, the math is skewed. The poster includes the total cost of replacement labor in the computation. Since the locked out employees are not paid for being locked out, the labor cost figure does not belong in the calculation. The proper analysis would subtract the normal labor costs from the actual labor costs to ascertain the increase caused by the lockout.

Effect of Great Recession on employee attitudes

Well, its inevitable this study would be done. And equally inevitable its probably been done several times with varying questions. Quick take: Employees are waking up to life outside of work, and the importance of family as a direct effect of the Great Recession. For some of us, we were rescued earlier. My liberation occurred when a longtime local client was acquired by a multi-national firm, after which they never called again. This occurrence is of course, by no means unique to me, but it made this professional pause and rethink the boundaries of commitment to serving clients before family. The oldest of my 4 children was 12 at the time. After that point, I never missed a school event or an athletic event because of work conflicts. The best part was most client representatives (and even judges) completely understood the point.

NFL lockout and collateral damage

The NFL is big business and the collateral damage from a lockout would hurt more than just the players and the owners.

NFL lockout and collateral damage

The NFL is big business and the collateral damage from a lockout would hurt more than just the players and the owners.

Spying costs

Remember the school district that engaged in surveillance using the district laptops to spy on students at home, previously posted here and here? The school board just approved a $610,000 settlement.

The Multi-Employer pension plan disaster

There are many good reasons to advise a client to beware participation in union sponsored multi-employer pension plans. None the least of which is the crushing withdrawal liability imposed upon small employers who who are vulnerable to the extraordinary and excessive underfunding issues exacerbated by the great recession and investment value declines. While there has been some improvement, the issue still confronts many employers. Thats whats particularly wrong when commentators characterize any government action to address the problem as a bailout for unions.  Its not. Its a bailout for employers saddled with underfunding liability as well as a bailout for participants, many who have worked years for promised pension benefits now in jeopardy.

Punishment by litigation

Sometimes doubling down on a doomsday strategy can work, but more often than not, it does not, is expensive, and has dire ultimate consequences. The issue of retaliatory litigation and whether a labor organization can prevail against an employer is a significant one. The Supreme Court addressed the issue in BE and K Construction. More after the jump.

Social Media Discovery ordered

A New York trial court has ruled that a personal injury plaintiff has no reasonable expectation of privacy on her Myspace and Facebook pages even those protected by privacy settings. Romano v. Steelcase, Inc. throws around legal concepts and seems to take a more difficult path to reach its result than necessary, but it provides a good source of citation to cases from several jurisdictions.

Social Media as litigation tool

The New York State Bar has issued an ethics opinion that accessing the public pages of a social network site to gather information on a litigation opponent is ethical. HAt Tip to the always interesting Adjunct Law Prof Blog.

Dead EFCA beaten again

Dead horse beaten for lively political purposes.

Sanity flu out the window

Do three in ten healthcare workers really intend NOT to get a flu shot? Do almost 50% of an "at risk" group (those over 65) really intend NOT to get a flu shot. And does over thirty percent of the public believe flu shots don't work? Is this a non-political example of the ever increasing gulf between fact and opinion that seems to afflict the public?

Woman to challenge Hoffa

Longtime Teamster and President of New York Teamster Local 805, Sandy Pope, says she intends to challenge James P. Hoffa for the presidency of the International union next year. Pope, active in Teamsters for a Democratic Union, has been a Teamster for 30 years. About 30% of the 1.3 million member union is female.

Foul!

The National Basketball Association (NBA) wants to cut down on complaints and gestures which show insufficient respect for the referees or the game. Arguing a call or other offensive conduct, even if not directed at the game official may result in a technical foul. Technical fouls can also lead to player fines. The players association file unfair labor practices in the 2006-07 season, and again threatens legal action. Griping at work about work rules certainly is protected by the National Labor Relations Act. Can the league establish a business justification for the muzzling of the complaints? Would a technical foul remedy do as much injury to the game as complaining?

Whose happy at work?

Ever wonder whose got job satisfaction? Here is an analysis of the top 50 happiest occupations.

Dead horse again

EFCA is a dead horse that keeps getting beaten. If anymore proof is necessary look at what these candidates in close senate races are saying. Truly labor has itself to blame here for insisting on card check as the cornerstone of labor law reform. All that insistence did is create a sound bite for the opposition. "We oppose getting rid of secret ballot elections." By its own insistence labor allowed itself to be portrayed as undemocratic and even unAmerican. There is zero chance EFCA will get passed in a lame duck session.

Why the lack of jobs creation

Paul Krugman says its because there was inadequate government spending on things that create jobs.

18,290-11,364

As always Randy Shaw has an informative piece on the NUHW loss to SEIU in the Kaiser election.

Net job loss caused by public sector decline

Government sector employment declined by 159,000 last month while private sector jobs increased by 64,000 according to the Bureau of Labor Statistics. The unemployment rate remained at 9.6%.

Trumka: Unions will be outspent

AFL-CIO President Richard Trumka says for the 2010 midterms, he expects unions to be out spent 20-1 by "corporate groups aligned with Republicans."

Local Sodexho employees picket

Employees of Sodexho serving the Recovery School District and Loyola and Tulane Universities have been picketing to publicize complaints about low wages and other grievances.

Job losses and economic disaster

AFL-CIO blog correctly characterizes the Avondale layoffs, which are underway, as a huge economic disaster for New Orleans and the Gulf Coast. As our marshes erode so do manufacturing jobs. While it may be hyperbole to compare the effects of the Avondale closure to the BP oil spill, long term it may not be.

10(j) injunctions

The NLRB's Acting General Counsel Lafe Solomon has announced his intention to consider seeking 10(j) injunctions when employees are fired during organizing campaigns. Section 10(j), authorizes the NLRB to seek preliminary injunctions from federal courts to protect victims of unfair labor practices pending litigation.

Symphony strike

Detroit Symphony contemplates its 5th strike since 1969. The big issue is paycuts affecting the average base salary of $104,650.

Rat redux

More on the rat from WaPo.

Rats! again

Bloomberg has an article about the inflatable rat. Former New Orleans labor attorney Bill Lurye is quoted. Bill is now Associate General Counsel with the AFL-CIO.

Public employee speech - Protected?

Public employees free speech rights are limited. Those unaware of that concept need to read up on Garcetti v. Ceballos, and review subsequent developments, particularly case law in the Fifth Circuit. But what happens when an employee is not disciplined for provocative if not outrageous speech, as in this case where an assistant attorney general takes out after a gay college student in a blog. Good synopsis of the purported events from Workplace Prof Blog is here. Isn't the nexus between the AAG's job and allegations of what may be criminal misconduct by the college student sufficient to make discipline for the remarks appropriate under Garcetti? Probably, but there has been no discipline so far. So what happens if another AAG (or some other public sector employee)speaks out in support of the college student, or in opposition to the issues raised by the first AAG, and is disciplined? Does Garcetti prevent that public employee from even getting to the Pickering test requiring a justification for content based distinctions?

Labor engages for 2010 mid-terms

Big labor is "all in" to elect candidates (Democrats) favorable to it.

Employees share rises

The average cost of family health insurance coverage rose 3% to $13,770 in 2010, while at the same time the employee's share of the cost of employer sponsored healthcare plans jumped 14% ($482).

Tax cuts for business

President Obama has signed into law the Small Business Jobs Act which, among other things, will allow all businesses to write-off 50 percent of the cost of depreciable property purchased and placed in service anytime during 2010.

FMLA claim costly for employer

MSNBC focuses on the plight of a retail store manager who claims she was coerced into returning to work too soon after surgery. Using this anecdotal incident the author claims the economy is creating widespread fear of job loss in those who are entitled to take sick leave. However there is little additional information supporting the premise. After being fired the manager successfully sued winning an eye-popping $8.1 Million jury verdict for FMLA violations.

Avondale closing

Labor joins effort to save Avondale jobs.

Yikes!

According to a recent survey, more than half of unemployed workers receiving a job offer received one involving at least a 25% reduction from their former compensation.

More GM jobs created

Only the political crazies still complain about saving our domestic auto companies being a bad idea. GM is creating jobs again, and that is indisputably a good thing.

75 years of labor law

Here is an overview of labor law for the last 75 years (pro-labor).

Tenth Circuit ADEA pro-employee opinion

Jones v. Oklahoma City Public Schools, a Tenth Circuit opinion, is an important read for practitioners handling ADEA claims. The plaintiff had been employed since 1969 and had risen in the system to an executive position. In 20007 a new superintendent eliminated the position plaintiff held, but renamed it and filled it with a younger worker. More after the jump

Non-majority unions

Here is a pretty good review (pro-labor) of the case for permitting minority unionization which would circumvent any need to prove a union's majority status.

Dana Corp misrepresented

My students and readers of this blog know my support for Dana Corp's approach to ensure that employees' right to select union representation by a majority vote is protected against abuse when a union seeks to establish majority support by card check which would support voluntary recognition of the union by an employer. This poster gets the import of the case correct. However, the representation that undoing Dana Corp is a novel way to impose EFCA-esque card check recognition is at best erroneous, and perhaps pure political posturing, as is other political comentary in the post. Undoing Dana Corp would return the law of voluntary recognition to its decades long, stable procedures which existed before the Bush majority NLRB decided Dana Corp in 2007. We do not see this as positive change because it diminishes a protection for workers (much as we believe card check recognition in EFCA would do), but it is not a radical departure form pre-2007 Board law. More background on Dana Corp's effect here.

More decertification votes

Redskins, Colts and Philadelphia unanimously vote to authorize decertification of the NFLPA. And for more background on NFL labor issues click here.

Union song contest posted

The AFL-CIO blog has posted 45 songs in the union song contest. Enjoy.

More teams vote to decertify

The Cowboys and Eagles are reported to have joined the Saints in unanimously voting to decertify the National Football League Players Association (NFLPA).

12 Million new jobs?

OK, its Andy Stern, but at least he's thinking big about jobs. The job sharing idea is real intriguing, it appears to have worked in Germany earlier this year, and it has support from the left and the right.

Dana Corp and EFCA

The 2007 NLRB decision in Dana Corp. probably irritated labor as much as any decision of the Bush Board. Essentially it gave employees an opportunity to contest the validity of a showing of a union's majority status by card check. Before a card check campaign could result in certification of a union, employees must be notified and provided a 45 day window to rally against card check and present evidence sufficient for the NLRB to conduct a secret ballot election. In reality this approach created a rationale safety valve to prevent coercive card check tactics. We have argued before unions should have embraced this model and should have adopted it as their reform proposal. It would have liberated the labor reform movement from the valid accusation it was attempting to eliminate secret ballot elections. Under Dana, the unions have seen few card check majorities successfully challenged. Thus, unions could have likely attained a new election process model which would have allowed majority status to be established by card check, subject only to employees havinv=g a brief window in which to challenge the validity of the card check majority. This article does a pretty good job of reviewing the issues. Unfortunately it looks like the new NLRB will revert to the old law under which a union can obtain voluntary recognition from an employer based upon card check alone. Frankly, this incentivizes collusion between an employer and a labor organization to accept a card majority which may not reflect the informed choice of a majority of the employees at any given time. There were a lot of questionable decisions by the Bush Board overturning years of Board precedent, but Dana Corp was not one of them. It properly protected the employees interest in having their collective will more likely determined in a fair manner.

NFL lockout 2011

More on the issues between the NFL and the NFLPA, and the possible 2011 lockout. Former Saint Rickey Jackson makes a poignant assessment.

President: Chance of passing EFCA "not real high."

The Hill notes that President Obama conceded yesterday that the chances of passing EFCA are "not real high" although the legislation retains the administration's support. But passing a law is not the only path to change. The President also noted that many of the changes to the rules of union organizing sought by labor could be enacted administratively without need for congressional action.

Mott's strike ends

After 114 days the strike by workers against Mott's will end next week as workers return to work on day 120. The latest proposal does not contain wage cuts, but there are no wage increases during the three years of the contract. Pensions are retained for current workers, but new hires may not participate in the pension plan, although new hires will receive  higher 401(k) contributions. The returning employees will also receive a $1,000 signing bonus.

NFL labor issues

The NFLPA is passing out cards to players setting the stage to request a vote on decertifying the union as the collective bargaining representative of the players. Rumor has it the Saints have unanimously voted for decertification. It is most unusual for a labor organization to seek to destroy its right to bargain for a group of employees it represents. But in this case NFLPA seems to think decertification is a defense against a potential lockout by owners when the current collective bargaining agreement expires in March. More after the jump.

Debating a dead horse

More EFCA debate here.

Oopsie

Sometimes employers can make critical mistakes that create serious problems on their own. It appears this supermarket employer has done so. In collective bargaining, an employer creates a huge, unnecessary problem for itself when it claims it cannot afford to meet a union's economic demands. When the employer does rely upon economic justifications to reject union economic demands, the union is entitled to examine the employers books and other financial data in order to bargain effectively. When the company refuses to provide the financials, the NLRB will issue a complaint, and in the linked article, it appears the NLRB has sought immediate federal court injunctive relief. Had the employer rejected the union's demands, and maintained that the demands were not in the best interests of the company (as opposed to claiming it could not afford the economic demands), it would not have exposed its financial data to union scrutiny.

More on Mott's strike

The AFL-CIO has more on the Mott's strike. The blog article itself doesn't add much, but check out the links. Again its nice to have the issues surrounding the strike reported across the opinion spectrum. It helps to place the strike in context and allows an economic analysis of the issues.

Reducing unemployment

The Director of Economic Policy at the American Enterprise Institute, Kevin Hassett, says reducing the minimum wage to $5.85 an hour (about a 25% decrease) and concession bargaining by unions would have a major impact on unemployment. Of course this would not address the actual causes of the Great Recession, only impose its effects even more harshly upon employees. If thats not enough, the Economic Policy Institute says corporate profits are 5.7% higher than in the 4th quarter of 2007, while the number of jobs is 5.9% lower. This L.A. Times opinion piece excoriates Hassett's idea too.

Safety is concern one

The National Opinion Research Center at the University of Chicago has released a new metadata study concluding that workplace safety is the most important workplace issue for 85% of workers. The press release is here. The full study is available here.

Wealth redistribution

This Washington Post op-ed writer suggests unions are necessary for fairer distribution of wealth.

Scabby the Rat

This popular picket line rat, Scabby, is some expensive. And its made by non-union labor.

Ash v. Tyson

Anyone who thinks proving employment discrimination is easy has not read a lot of appellate opinions from the federal fourth circuit. In Ash v. Tyson Foods, after a jury verdict for plaintiffs, the Fourth Circuit affirmed the trial court's grant of a motion for judgement as a matter of law. Seems the court did not think that the term "boy" directed by a white supervisor to a black subordinate evidenced racial animus. A unanimous Supreme Court rejected the Fourth Circuit's rationale and remanded. In a lengthy, but unpublished opinion, the Fourth Circuit has rejected a second jury verdict in favor of plaintiffs. Essentially the court again found that the evidence proffered by plaintiffs was insufficient to support a jury verdict, despite 2 juries concluding otherwise. According to this newspaper report, the first jury was predominantly white and the second jury had only one black juror.

The Company strikes back

It may be only a press release, but it was picked up as news and it conveys a powerful rebuttal to the union's posturing in the Mott's strike (as well as to Secretary of Labor Solis who suggested the parties need to come back to the bargaining table).

Jobs report a little BTE

The August unemployment situation (9.6%) is little changed from the previous month (9.5%), but the expectations game was for the figures to be worse. The Bureau of Labor Statistics released its August unemployment report today. It shows a net loss of 54,000 jobs, the loss resulting from the discontinuation of 114,000 temporary census jobs which offset stronger than expected private sector increases (67,000).

Obama NLRB agenda

Here is a short read on what the Obama NLRB could do. While rethinking the Bush NLRB decisions is likely, using its inherent rule making authority probably is not.

Ruh roh, pensions hurting

Its not just union pension funds that are in trouble. The problem is systemic and more related to the global recession than corruption or mis-management.

Pot and kettle, both black

When a company outsources work to non-union employees in a third world country, conservatives blame high labor costs caused by unions. Few tears are shed over the job loss. When a union outsources picketing about union sub-standard wages, those same conservatives scream "hypocrisy" if the union hires the non-union, minimum wage/no benefits paid picketers. Seems there may be enough hypocrisy to cover both sides on this one.

Teh unions are good

The Nation's Katrina vaden Heuvel states the case for beleaguered unions and their positive role in today's workplace as well as her view that unions have been on the correct side of many big issues of national import.

Reconsideration of voluntary recognition and Dana Corp.

The NLRB has invited amicus briefs in cases involving voluntary recognition and a request to reconsider Dana Corp.

Strikes have consequences

500 Coke employees lost their health insurance the day after they went on strike. The union has sued under ERISA, claiming the action was unlawful retaliation. Thats a difficult claim to make. When workers strike, an employer is free to discontinue wages and benefits. Once the worker witholds his services, the employer may discontinue compensation for those services.

Day 100

Today marks day 100 of the Mott's strike. The pro-union writer, Michael Winship, does a pretty good job of outlining the economics of this strike pitting a corporate giant in Plano, Texas against the workers of a facility born in western New York that dates back to 1842. Our previous posts are here, here, here, here and here.

Medical marijuana

Medical marijuana legal in some states, is creating some employment law problems. Seems employees with prescriptions for medicinal use of marijuana are failing employers drug tests, and consequently are being fired. This is neither a simple issue nor is the law clear.

And now there are 4

NLRB Member Peter Schaumber leaves office effective with the expirtation of his second term.

Going, going, gone.

Here is another example (the leather goods industry) of the absolute collapse of domestic manufacturing causing the elimination of high paying, mostly unionized jobs. The interesting part here is an article with little politics and a good amount of plain facts.

Why the secret ballot makes sense

This business owner's letter to the editor makes a strong case for preservation of the secret ballot for determining a union's majority status.

Ungovernable

Megan McCardle blogs about reading The Ungovernable City, about the troubled administration of former New York City mayor, John Lindsey. One of Lindsey's huge problems was public sector unions. McCardle takes the issue to the next level, and correctly so. Money quote:

When crucial public sector workers collectively bargain, they end up with ruinous power over the taxpayers:  how many days can a city survive without its police, its transit workers, or its teachers? 

Why? Because politicians will always find it easier to give in to labor's demands than to withstand pressure from a public deprived of essential services. Well almost always. There was that unsuccessful police strike in 1979. 

Heavy!

Weighing in on a claim of weight discrimination (specifically prohibited by state law in Michigan) a county judge refused to require former Hooters employees to arbitrate their claims. In an unrelated matter of weighty proportions a Georgia nail salon racked up negative publicity for tacking on a $5.00 surcharge to its heaviest customers. Natural Nails asserted the fee was justified because the pedicure chairs were only good up to the first 200 pounds of customer. The $5.00 surcharge was to defray cost of (inevitable?) repairs for the chair.

Dead horse

Despite fears being whipped up by its opponents, EFCA is dead. Not only card check, but any serious labor reform. Labor and Democrats will be playing defense for the forseeable future. But the killer wasn't corporate America, nor was it Rahm Emanuel or Senator Blanche Lincoln. The bill itself inflicted its own mortal wound by allowing opponents to frame it (correctly) as doing away with secret ballot elections. No amount of employer misconduct in the election process or retaliation could overcome the sound bite characterization provided by the fact of removing elections as the preferred way of determining whether a majority of the employees want union representation.

Workplace fatalities down in 2009

The BLS's annual Census of Fatal Occupational Injuries for 2009 indicated there were 4,340 fatal injuries during the year, far fewer than the number recorded in 2008 (5,214). The decline is largely due to the job losses and the industries in which those losses were sustained during the year. The summary report is here.

Rats!

The familiar inflatable rats, a long time staple of union protests often found posted in front of non-union employers targeted by labor, are made by Big Sky Balloons & Searchlights,  a non-union firm. Story, with pictures, here.

Mott's strike economics

Good reporting of labor disputes is rare. This Steven Greenhouse piece in the New York Times is a good one detailing the 3+ month Mott's strike and the reason its an important dispute. The company, despite record profits, seeks to reduce wages and claims the employees are overpaid compared to others in the same area.

Union member upset at UAW

One union member has vented his frustration with UAW International big wigs in this letter to the editor.

Geography of unemployment

The unemployment map has been updated through July 2010. Our original post on the earlier map is here.

Spying on students

That Pennsylvania school district that allegedly used surveillance software to spy on students has escaped federal criminal charges it appears. Our previous follow-up is posted here.

Get religion, or else

Living in sin, "You're fired!" Abortion? "You're fired!" At least at this Russian company you are.

Katrina +5

A recent Brookings Institute report has some pretty positive things to say about New Orleans.

• "Since 2005, New Orleanians have arguably undertaken more major reforms simultaneously than any other modern American city,''
• "The metro area had recovered more than 90 percent of its population and 85 percent of its jobs as of June,"
• For the first time since the mid-1980s, average wages here caught up to the national average.

More on the report and other New Orleans information from Brookings here.

Gallup union approval rate improves slightly

Gallup reports the American public approves of unions, but just barely. This year's annual survey shows unions have a 52% approval rate, up compared with last year's 48% approval rating. These are the lowest two ratings in the last 70 years.

Man bites dog

You do not see a lot of news coverage about positive effects of unionization. But it seems the UFCW and Smithfield's have made nice with positive side effects at the world's largest hog slaughterhouse. On the job injuries, absenteeism and turnover are all down since the collective bargaining agreement was reached in 2009. This after a contentious 15 years of  organizing that cost the employer an estimated $900 million.

Start time

Today is the 34th anniversary of my first day at work with my first law firm.

Stray remarks

The California Supreme Court in Reid v. Google, Inc. S158965, (Aug. 5 2010) rejects the stray remarks doctrine in an age discrimination context. The operative facts after the jump:

Mott's strike approaches 3 months

Mott's workers represented by the RWDSU remain on strike as the harvest season approaches. The company wants concessions, the union is resisting claiming the company made record profits. The apple pickers are crossing the picket line, and thats not the only bad news for the union. Texas Federal Judge Jorge A. Solis (Bush 43 appointee) has enjoined the union and it supporters from placing union supporting stickers on Mott's products in supermarkets because it violates the federal anti-tampering laws. This is a really creative attack on union economic pressure, and a teachable moment for my labor law class.

Brees on NFL labor issues

Saints quarterback Drew Brees is a member of the NFLPA executive committee. As such he speaks for the players union. NFL owners beat the drum about a broken compensation system while Brees essentially says player income is a percentage of revenues. Both team revenue and player salaries are going up. How is that broken? Aint' broke, don't fix it. Think strike - both sides have a lot to lose.

EFCA revisited?

Michael Whitney at Firedoglake has some decidely unkind things to say about President Obama's speech to the AFL-CIO's executive counsel. The Hill has more on the speech.

Flash mob UFCW style

While labor may not get how to use social media, some do get flash mob.

Why unions don't use social media.

Social Media is designed for organizing in general and its uses for labor organizing are immense. Just as the internet has changed the way election campaigns are run, social media can change the way communication of the information of organizing and campaigning is distributed and received. Here's a piece on why labor does not get social media. The post is important stuff for the future. But the poster misses the current problem. The putative recipients of social media communications are not positioned to receive the information. They lack access at work, or perhaps have no access at all. That will change as technology gets ever cheaper, and smart phones more easily available. Employers have you thought about cell phone use and social media policies in the workplace?

Union bashing in conservative media

MediaMatters, a left leaning site, has an interesting summary of conservative media engaging in union bashing.

Unemployment at 9.5% for July

While the unemployment rate remained at 9.5%, total non-farm employment declined by 131,000 in July. The 71,000 new private sector jobs were more than off-set by the federal government ending 143,000 temporary census jobs. Details from the Bureau of Labor Statistics.

"We can do it"

Leo Gerard, Steelworkers' President, picks up on the "make it in America" campaign and talks of Rosie the Riveter's "We can do it" attitude, and cites an April study showing 58% of Americans believe the country is not the world's leading manufacturer, but 95% of those polled believe we could regain the top spot.

Justice Kagan

Elena Kagan is the 112th Justice of the Supreme Court. The final The Senate voted 63 - 37.

Jobs for BR

Last month a Baton Rouge television station noted a Kansas aircraft manufacturer was interested in moving its manufacturing operations (and a thousand or so high-end jobs) to Baton Rouge. The Governor of Kansas has threatened a special legislative session to prevent the company from leaving. Huh? Well it is tv news, let your imagination supply the rest of the story.

Discrimination Chicago style

A Chicago area owner of a lakefront mansion tried to save 80k on his property taxes by turning his racketball court into a chapel for his disabled wife and daughter, and claiming the home was an exempt church. (There is a picture of the "church"). Initially he qualified for the exemption. (He also became ordained on line.) So far its creative, and you almost pull for the taxpayer. But after the locals sued to reverse the Illinois Department of revenue's granting the exemption, said taxpayer sued claiming the locals only wanted Anglo-Saxon whites living there. The taxpayer is Armenian. Village attorney says the "accusations have no merit."

$$$$$

Labor pledges a lot-o-bucks for the 2010 elections.

Death of a union local, part 2

In These Times has another piece about the demise of Local 1111 in Milwaukee. This one is less from a historical perspective than a labor one.

Manufacturing jobs

Washington has a tin ear when it comes to understanding public concern over job losses. It seems the election climate (hostile) has made Democrats focus on manufacturing job creation and retention. Their latest?  "Make It in America," a chamber of comercy moniker that Republicans quickly derided. Two sides of the tin ear are evident. The Democrats' failure to date to make more public gestures at preserving good manufacturing jobs, and the Republicans making fun of the issue when they do. During the last decade we lost 5.6 million manufacturing jobs. (17.3 million in 1999, 11.7 million today). Even if it is a trend that cannot be turned around, failing to try is not a politically viable option, and mocking attempts isn't either.

Can unions save the middle class? Doubtful

The Economic Policy Institute says the answer is simple: higher union density is needed to preserve the middle class. One blogger takes on the logic. Productivity declines is not the problem, but marginal performers will suffer job losses.

Krugman is right

I'm a fan of Paul Krugman. Not just because of that Princeton thing. He makes sense to me and so often is proven correct. This op ed piece makes worrying about the future seem so rational. Money quote after the jump.

This guy gets it

Recent attendee at SHRM's convention, Kris Dunn, hits the nail on the head about over-engineered HR solutions. Sometimes more is a lot less.

Death of a local

Milwaukee historian John Gurda has penned an excellent and provocative piece published here. Gurda notes the demise of Local 1111 of the United Electrical, Radio and Machine Workers. At one time it represented 7,000 plus production and maintenance employees of the Allen-Bradley Company, now Rockwell International. The opinion piece traces the history of labor relations at the company and the fact that the last union workers at the Milwaukee facility have been replaced by contract workers. In so doing, Gurda traces the decline of unions and America's manufacturing and without typical vitriol explores cause, effect and the future of this country's middle class. This will be "must reading" for the labor law class.