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.

Debate

Right to work debate in Michigan.