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.