Subject: Labor Organizing In 2024: No Safe Harbors : LRI INK

May 9, 2024

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Labor Organizing In 2024: No Safe Harbors

by Kimberly Ricci

We increasingly see that no industry or business sector remains immune to union activity in 2024 and beyond. Let’s dive into what is going on right now:

 

A pharmaceutical first went on the books when CVS Health pharmacy workers in Las Vegas became the first to join the newly established Pharmacy Guild, an offshoot of the IAM Healthcare union. This story remains one to watch for its intersection of retail and healthcare sectors.

 

Workers at a Chicago Trader Joe’s want to make the store the fifth unionized location in the grocery chain. Their vote turned out to be a nail-biter at 70-70, with a lone contested ballot now in the NLRB’s hands. In April, the chain gave $2 hourly raises to all crew members nationwide, presumably to discourage further organizing.

 

Disneyland workers are not goofin’ around, and those who perform as costumed characters at Anaheim’s Disneyland filed for a union vote to join the Actors' Equity Association. Also, in Anaheim, sales reps for timeshares at the Villas at Disneyland filed for a vote to join Unite Here. It’s worth noting that at Disney World in Florida, the Teamsters previously secured raises for costumed workers who later reported union mismanagement, resulting in judicial oversight. Still, a collection of unions remains on the scene at Disney World’s four parks.

 

Waffle House employees continue to rally for a $25 base wage with backing from the fledgling Union of Southern Service Workers. Expect the South to remain a Big Labor battleground between this union and the UAW’s recent Volkswagen victory in Chattanooga,

 

Outten & Golden, a 65-lawyer U.S.-based law firm representing plaintiffs in labor and employment litigation, announced voluntary recognition of a union formed by its associate attorneys. The union, Outten & Golden United, was a "logical next step" given the firm's work representing workers and unions, including the Communications Workers of America, managing partner Adam Klein said Thursday in a Reuters news article.

 

Many updates for the Starbucks vs. Workers United Saga: 

  • Mass negotiations began with 150 worker representatives appearing in Atlanta for a two-day meeting, with another session scheduled for late May. The goal: To establish a “foundational framework” for negotiating separate contracts for the 420+ unionized cafes.

  • The National Right To Work Foundation took up the case of Buffalo Starbucks baristas who have been denied the right to decertify their union by the NLRB. 

  • An appeals court rejected Starbucks' attempt to invalidate a unionization vote held by mail ballot. 

  • The NLRB again ruled against Starbucks after determining that it “unlawfully threatened to take benefits away” in Hawaii.

  • The NLRB also held that Starbucks violated the NLRA by removing union propaganda from cafes in Michigan.

 Might there be some tentatively good news for Starbucks?


In closing, last week’s May Day rallies are apparently not enough for the UAW’s Shawn Fain, who is already laying the groundwork for a historic May Day in 2028, right when the newest Detroit Big Three contracts expire. That blustery Shawn Fain - he truly is everywhere lately!

AI And Blue-Collar Professions: How Hollywood’s Latest Contract Negotiations Could Prove Influential Elsewhere

by Kimberly Ricci

We have discussed how what happens in California spreads elsewhere regarding Big Labor’s disruptions. Even indirectly, the 2023 Hollywood strikes – by the Writers Guild of America and SAG-AFTRA – had far-reaching effects on several other industries. If you will also recall, a sticking point of those talks involved AI protections for screenwriters and actors, including an Oscar winner who was aghast to see himself “fighting a giant spider” in a superhero movie.


Thankfully, neither you nor I will ever have to worry about that latter concern. Yet those contract results provide a glimpse into how unions are seizing upon AI to convince workers that they can address their concerns more effectively than employers. Get ready for more industry crossover because the International Alliance of Theatrical Stage Employees (IATSE) is now in contract renewal talks with studios and streaming services.


IATSE broadly represents TV and film set builders, electricians, drivers, audio-video techs, plumbers, caterers, animal trainers, and more. How AI will impact blue-collar workers – and their worries over being replaced by AI-based automation and programming code – is of significant concern.

 

What does the IATSE want regarding AI?

 

“For us, it’s really about erosion or potential erosion of our craft, through the technology. We don’t get extra pay for licensing or images, copyright and that sort of thing, although we do get residuals,” IATSE President Matthew Loeb explained to Variety ahead of negotiations. “AI challenges vary somewhat from craft to craft obviously, from a painter or a carpenter to a sound mixer to an editor. The nuances are different, but having said that, we’re looking for umbrella protection that covers everyone with a uniform negotiated protection.”

 

Loeb didn’t openly discuss many specifics, but this contract could eventually serve as a template for other unions representing blue-collar workers.


Where these talks stand: Studios reached tentative deals with all 13 West Coast IATSE locals. However, general negotiations involving the “thorniest” issues, including AI, will run until May 16, followed by bargaining for a dozen nationwide IATSE locals. Yes, it’s a complicated process that will cover 20,000+ workers. Also, the current contract expires on July 31.

 

A caveat: As with the SAG-AFTRA contract, provisions can only go so far in 2024. AI programs are also being developed much faster than U.S. copyright law can respond, so gray areas will remain no matter how much detail ends up in the contract. However, IATSE has lauded a proposed federal bill to “establish transparency with respect to copyrighted works used in building generative artificial intelligence (AI) systems.” 

 

Considering how slowly legislative wheels turn, don’t look for that bill to have effects anytime soon. A few related notes:

  • IATSE isn’t the only TV and film-based union up for negotiations this year. Studios will hold June discussions with the Teamsters, and President Sean O’Brien will surely pull AI into the discussion, as well as an overall contraction of TV and film work after last year’s strikes.

  • This week, the Writers Guild of Canada and the Canadian Media Producers Association averted a strike after agreeing to a new three-year contract, which includes AI rules. That agreement hasn't been made public yet. 

What can employers do? Address those AI jitters head-on, and don’t let them fester. Transparency and open communication are vital to ensuring that workers won’t turn to unions on AI and many others. 

Stories You May Have Missed:


NLRB appeals joint employer ruling to 5th Circuit 

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All Hands Memo: Why Activism At Work Could Get You Fired

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Starbucks Workers United Updates On Bargaining!

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Newly Organized Apple Workers Prepare For Strike Authorization Vote

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In Labor's Mission to Organize the South, Another Domino Could Soon Fall

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About Labor Relations INK

Labor Relations INK is published weekly and is edited by Labor Relations Institute, Inc. Feel free to pass this newsletter on to anyone you think might enjoy it. New subscribers can sign up by visiting here.


If you use content from this newsletter, please attribute it to Labor Relations Institute and include our website: http://www.LRIonline.com 


Contributing editors for this issue: Greg Kittinger, Michael VanDervort, and Kimberly Ricci.


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About Labor Relations Institute

LRI exists to help our clients thrive and become extraordinary workplaces. We improve the lives of working people by strengthening relationships with their leaders and each other. For over 41 years, LRI has led the labor and employee relations industry, driven by our core values and our proven process, the LRI Way.

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