A National Right to Work Law?

Senator Jim DeMint (R SC) has proposed passing a national right to work law. Texas Governor Rick Perry and former Massachusetts Governor Mitt Romney have said they both support it. This is, of course, a reaction to the Boeing case where the NLRB has issued a complaint against the company for building a second Dreamliner production line in South Carolina allegedly because the Machinists' union engaged in strikes in Washington State where the company had announced the expansion would be located. For a small government Party, the Republicans are awful quick to federalize certain issues which advance their agenda. Unions do the same thing (see EFCA). Under current law, states have the right to choose whether they permit an agency shop or not. An agency shop is one where a company and a union can agree that the employees are required to join the union. Federal law also says such arrangements cannot require actual membership in a union, only that an objecting worker pay partial dues attributable to the unions collective bargaining services. In the 22 right to work states, unions and employers are not permitted to require union membership, or any payment in lieu thereof, as a condition of employment.

Local unemployment lower than nation

Unemployment has drifted downward locally and statewide. While there is no job boom, things are better here then elsewhere. Article and charts here.

Young Workers Summit

Next week the AFL-CIO will host a Young Workers Summit in Minneapolis. Labor Secretary Hilda Solis will participate. AFL-CIO President Richard Trumka has made no secret of his priority of recruiting and involving younger workers.

Labor takes advantage

Steve Greenhouse writes in the New York Times (registration required) that last year's Citizen's United opinion has liberated unions from campaign reform restrictions and the result is reinvigorated outreach efforts. Money quote:

Before the Citizens United ruling, unions were banned from using dues money to reach out to nonmembers in political campaigns, but now unions plan to campaign among the 89 percent of Americans who do not belong to unions. Union officials have long complained that when their foot soldiers knocked on doors in, say, Milwaukee or Columbus, Ohio, they wasted huge amounts of time because they could visit only union members’ homes and often had to skip 90 percent of the houses. Now they can knock on every door on a block.

Persuader regulations opposed

The American Bar Association and the Chamber of Commerce of the United States have both filed comments with the Labor Department on the proposed revisions of the “persuader” regulations requiring extensive reporting of client confidential information when an attorney or firm provides advice to employers on labor relations matters. These persuader rules are a far more important issue than the required notice posting that has gotten so much coverage. These rules, if adopted, will make it impossible for a law firm to preserve client confidential information and be in compliance with the reporting and disclosure requirements.

Worst job creation decade

Its now official, the first decade of the 22nd century has been an economic disaster for many Americans. Earnings for middle class Americans have been been lagging since the 1970's, but since 2000, income has actually declined while inflation adjusted prices have risen. The Economic Policy Institute (EPI) has a more detailed report. Despite the lowest tax rates in 50 years, the United States is hemorrhaging good jobs, and the rate of job creation (any job creation) lags the loss. Where are the job creators? Over taxed they are not. Over regulated? Perhaps, but I tend to think job creation originates with demand. The engine for demand is the 95% of the population that either has nothing to spend or is too scared to spend it. A millionaire tax is too little to erase the deficit, and correspondingly, lowering taxes (again) for millionaires wont liberate job creators sufficient to make a dent in unemployment.  

Hating arbitration

Some attorneys really do not like the Supreme Court's direction on compelling arbitration of employment disputes. Check out "Separate but Unequal" from Cliff Palefsky. To give you an idea of the content, here's a money quote: "Mandatory arbitration is a cancer in our justice system based on a phony public policy and legal and factual fictions."

Bad Boss Monday

Working America, which is an affiliate of the AFL-CIO, recently sponsored a bad boss contest. Some of the winners are described here. Its enough to make you appreciate your own superior's eccentricities, well, maybe not. Its not surprising that a labor affiliate would sponsor this contest. The number one reason employees seek out union representation - mistreatment by their boss. Not wages, not benefits, not even oppressive working conditions drive employees to a union as much as bad treatment by the boss.

Almost half of respondents say unions have outlived their usefulness

48% of respondents in a Rasmussen survey see no further need for unions. Click through to the survey questions to get a better take on the results.

ADEA hostile environment claim in Louisiana

In Dediol v. Best Chevrolet, the Fifth Circuit has for the first time held a hostile environment claim under the ADEA is actionable. The Court reversed summary judgment for the employer both on the ADEA hostile environment claim as well as on a religious discrimination hostile environment claim.

Victor Bussie (1919-2011)

The Times Picayune today reported on the September 4th death of Victor Bussie. Bussie served as the head of the Louisiana AFL-CIO for 41 years until his 1997 retirement. The article provides an interesting overview of Bussie's career.

Trade Group sues to prevent new notice posting requirement

The National Association of Manufacturer's (NAM) has filed suit to compel the NLRB to suspend its new rule requiring employers to post a notice in the workplace concerning rights employees have under the National Labor Relations Act. It appears this is in keeping with the NAM's battle against regulations it maintains impede productivity and job creation. There is a world of difference between a environmental regulation and a notice posting requirement, but as they are both new regulatory restraint, the NAM is against them. The NLRB requirement requires the posting of a notice that the NLRB provides as a free download. Its hard to distinguish this posting requirement from other requirements under state and federal law which compel employers to post notices to inform employees of their rights. The real issue here is employers fear employees might learn something that they will act upon. There is a strong argument the new requirement, when assessed in the context of the new rules for representation elections the Board has proposed, presents an opportunity for the sophisticated employer who integrates appropriate discussions into a program of education for employees.

Employer notice posted

The NLRB has released a downloadable version of the Notice employers are required to post advising employees of their rights under the NLRA. Our previous post on the requirements is here.

Client Confidentiality

The American Bar Association has issued a formal opinion on an attorney's responsibility to advise clients concerning "the risk of sending or receiving electronic communications using a computer or other device, or e-mail account, where there is a significant risk that a third party may gain access." Attorneys representing employees should advise their client not to use their employer's computers, devices or e-mail to send confidential communications. Employers should review their e-mail and computer use policies to ensure their business objectives are achieved in a lawful manner.

From the jobs speech

"I reject the idea we have to strip away collective bargaining rights to compete in a global economy."

                                                                                          President Obama  9/8/11


Red meat for organized labor, but a little short on specifics.

A moving failure to accommodate

The EEOC has sued the Scooter Store (they sell mobility to those with limitations on walking) for disability discrimination.

Would it pass today?

During the introductory lecture in my labor law class, I point the students to Section 1 of the NLRA which contains findings and policies supporting passage of the Act. The statements are remarkable, even revolutionary when you think of the public's current perception of the role of government and its intrusive effect on private business. The section concludes declaring the public policy of the United States to be one supporting collective bargaining. The National Labor Relations Act fundamentally altered the role of government in regulating the process whereby organized labor negotiated with business the terms and conditions of private employment. In class, we discuss not only whether the NLRA would be passed today, we also discuss whether it would be deemed constitutional if considered res nova by the current Supreme Court. Long time blogger Michael Fox posted similar thoughts at Jottings by an Employment Lawyer. How different public sentiment has developed in response to the Great Recession, than it did to the Great Depression. 

YIKES!

James Hoffa, President of the Teamsters had some fighting words for the Right when he warmed up a labor crowd for President Obama in Michigan. There is a bit of a misquote involved.

Labor Day 2011

The Department of Labor web site also has posted a history of labor Day.

10 things about labor day

Time has a piece on 10 things you did not know about labor day, and some of them have nothing to do with the labor movement.

Liebman responds to Board Critics

The New York Times has a piece on former NLRB Chair Wilma Liebman responding to criticism of the Board.

Union approval very partisan

Every year, just before labor day, Gallup polls the American public's attitude toward labor unions. 2010 post here. This year a few more Americans view unions in a slightly more favorable light (52%), up from a 2009 low of 48%. But the real story is the whopping 52 point differential between Democrats (78% favorable) and Republicans (26% favorable). Last year Republicans had a 34% favorable view.

New unit determination standards for nursing homes

In Specialty Healthcare (download here) the NLRB changed the standard for determining what is an appropriate bargaining unit in nursing homes. In so doing the Board claims to apply the traditional analysis as to what is an appropriate bargaining unit. This change will profoundly affect the ability for nursing homes to deal with union organizing activity. More after the jump