Sunday, February 26, 2012

Secondary boycotts are effective

Business advocates who would do away with the National Labor Relations Board should think about what happens if effective collective actions by unions, like secondary boycotts, were no longer prohibited.  After all, other advocacy groups find secondary pressure extremely effective.

Boeing and Lafe

The Seattle Times has an interesting story on Lafe Solomon and the Boeing case, some of the political aspects and pressures, and background on Solomon himself.

Friday, February 24, 2012

Empire State union density declines

Union membership density in New York declined (incremental) for the second year in a row to 24.1%. The recorded high point is 1991 (29.1%). This decline is dramatic for a state with significant union membership, the decline is significantly smaller than the decline recorded nationwide.

Rustbelt Right to Work challenged

A union has sued to block implementation of Indiana's new Right to Work law.

Wednesday, February 22, 2012

$$$$$$$

Just how much will unions spend this election cycle? A lot.

Wednesday, February 15, 2012

NLRB nominations

The White House has formally sent the nominations of Terence F. Flynn, Sharon Block, and Richard F. Griffin, Jr. to the Senate for confirmation as National Labor Relations Board members. The three received recess appointments in January. These recess appointments are controversial, subject of a congressional hearing, and being challenged in court.

Tuesday, February 14, 2012

Incrementalism

Mike Elk has a post at In These Times about rebuilding the labor movement. What he gets right is big initiatives by big labor don't work. Organizing workers is a long hard slog. One that requires localizing union solutions for uniquely local problems. This requires hard work, but yields success, albeit in small increments.

Monday, February 13, 2012

Motivating factor

Missouri lawmakers have passed a bill in the House which would amend the standard of proof of discrimination claims to more closely mirror a more restrictive burden of proof under the federal anti-discrimination laws. The bill would require plaintiffs to prove discrimination was a “motivating factor” – not simply a contributing factor – in the employer’s action. Several lawmakers are quoted as to their reasoning.

Sunday, February 12, 2012

Really? No Really!

Federal Judge Lynn N. Hughes in the Southern District of Texas has granted summary judgement against the EEOC in a case where the Commission claimed an employee was fired because she wanted to pump breast milk for her new born at work. Title VII prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. In EEOC v. Houston Funding II, Ltd, Judge Hughes joins several other district courts in finding "[f]iring someone because of lactation or breast pumping is not sex discrimination . . . the law does not punish lactation discrimination." One can understand the logic that lactation discrimination is not pregnancy or child birth discrimination, but isn't a a medical condition related thereto?

Tuesday, February 7, 2012

Hill does Lafe

The Hill has an interesting piece on NLRB General Counsel Lafe Solomon and his handling of the Boeing case.

Sunday, February 5, 2012

Lockouts more common

DailyKos has a post on lockouts, they are different from strikes because they are a direct management decision, despite that, management often can avoid public blame.

Friday, February 3, 2012

Arbitration rejected

In Carey v. 24 Hour Fitness USA, Inc., the Fifth Circuit affirmed a trial court refusal to order arbitration of a FLSA claim because the employer retained the right to modify the arbitration agreement retroactively.

Unemployment drops to 8.3%

The Bureau of Labor Statistics (BLS) released its January jobs report this morning, and the news is BTE. Private sector jobs grew by 257,000 but declines in public sector employment reduced the non-farm payroll employment gain to 243,000. The report also adjusted upward the gains reported for November and December 2011. The 8.3% rate is the lowest in three years.

Thursday, February 2, 2012

IBEW wins at GE

Daily Kos has an interesting piece from the union perspective about the IBEW's first win at a General Electric plant in 10 years. Short take - broken promises.

Wednesday, February 1, 2012

Indiana passes right to work

Indiana is now a right to work state. The real question is "what does that mean?"

EEOC reports FY 2011 activity

The Equal Employment Opportunity Commission (EEOC) has released its 2011 activity report. Highlights: Record number of charges filed (99,947), resolutions (112,499) and almost a half billion dollars in financial relief. Detailed statistics can be found here.