Oh, I'm not talking about the NFL Draft (I think they're just scratching the surface of what they can cover there, right?). I'm talking about the annual Bureau of Labor Statistics (BLS) union membership numbers. They were just announced and the navel gazing is in full swing.
None of these ideas are new of course. And none of them is going to transform the labor movement. I do think from labor's perspective there are some reasons to be optimistic about worker power (the Fight for 15 is a prime example). But I am still very fuzzy about how any of this leads to organizing gains or dues in the pockets of union (or Democrats for that matter). And when you read between the lines at what the labor insiders say I think they are fuzzy about this too.
Like the blue state/red state map, this map tells a story at least partially about culture and about how the economy has radically changed since World War II. And I think this map tells the glass half empty story better than most.
I subscribe to the idea that unions exploded in the US due to the unique circumstances of a post-war economy. Workers had leverage they probably won't ever have again (hopefully that's true, because they had that leverage after a huge number of potential workforce members got killed in World War II). US companies weren't having to compete with the world like they do today (we were mostly being asked to help rebuild the world after all). For a few decades it was easier to just give into union demands and it cost relatively little.
While unions were successful it was only because of these unique economic circumstances. This by the way explains why unions remain comparatively more successful in the public sector or construction, where there is less competitive pressure or more leverage. Because of these changed structural circumstances, unions simply can't deliver what they could. More to the point, they've already delivered most of what they could (thanks for bringing us the weekend) but those days are gone. Even though unions point to some of the same conditions that existed during the last explosion of unions - income inequality for example - it is very difficult to see something like that happening again.
Which brings me back to the NFL Draft. Draft day is fun because you get to start from scratch and imagine a new team, with new blood and new energy. You have hope. So I don't begrudge union leaders looking ahead to the new year the way I look at my fantasy football team on draft day. Unfortunately you still have to play the games.
Link & Comments
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Union Bailout Update
GOP members are turning up the heat on labor law, introducing
two new reform bills. The first, sponsored by Senators Mitch McConnell (KY) and Lamar Alexander (TN), is designed to de-politicize the NLRB by adding a sixth member and requiring that the board be selected in conjunction with the leader of the Senate from the
opposite party of the President. It also attempts to reign in the power of the NLRB’s General Counsel. This appears sorely needed. In a recent move, the GC arbitrarily
changed the arbitration rules on the basis of the
Babcock & Wilcox Construction decision, placing the burden of proof for deferral to arbitration on the party favoring it, which is usually management, and will likely make such deferrals harder to come by.
The second bill, sponsored by Rep. Steve King (IA), is a National Right-to-Work bill.
The GOP is also doing what it can to
squash the Ambush election rule, but they face
strong opposition from the other side of the aisle, and a likely Obama veto.
The joint employer issue is still barreling down the tracks. Several
business groups released an ad campaign on CNN, CNBC, Fox News and MSNBC aimed at bringing the NLRB’s attempt to change the rules to the attention of the general public.
YouTube Video of Commercial:
https://www.youtube.com/watch?v=6phs7WB7ihc
Job Creators Network is another group organized to oppose the joint employer ruling. CEO Alfred Ortiz had this to say in
response to recent criticism of their efforts:
It’s a shame that critics of Defend Main Street are not standing with the small business owners of America who serve their local communities, and provide entry-level jobs that lead to management positions – and sometimes even ownership.
A recent ruling awarding $800,000 to New York State Attorney General Eric Schneiderman from a Papa John’s Pizza franchise may also
spill over into a joint employer action. According to a statement from the franchisor, “Papa John’s International has already terminated this franchisee relationship due to violations of our agreement,” and “Our franchisees are empowered to operate independently. They make their own decisions on all business matters including the hiring, firing, and compensation of their employees.”
The NLRB lost another round in a DC Circuit court when the
court overturned a board ruling declaring that a “company hat only” policy was a violative of employee Section 7 rights.
With unfair practice cases down 58 percent and published NLRB decisions down 85 percent since 1980, one might wonder
what the board has done with a 95 percent increase in budget over the same time period. Answer: “outreach programs” designed to “educate” people about the NLRA. For the current board, this translates into encouraging them to join unions.
Link & Comments
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Alt-Labor
When Au Bon Pain attempted to resist an organizing drive at a location in the Philadelphia airport, student activists across the nation
swarmed the Au Bon Pain locations on their campuses demanding to discuss the action in Philadelphia with the local outlet managers. Like swatting a hornets nest! Social media tools can facilitate a quick and sometimes large response, especially by well-organized groups. In this case, local chapters of the United Students Against Sweatshops (USAS) were the tip of the spear.
As Big Labor casts around for other potential members to support their dwindling ranks, the multitudes working in the so-called
gig economy have caught their eye. It is an interesting conundrum for unions. The Apps that allow these folks to work independently also prevent them from understanding who their peers are, and potentially coordinating with them, while on the flip side, other apps (social media) enable such coordination.
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SCORE BOARD
Who are the winners (and losers) of the labor movement? Don't guess, just check the LRI Scoreboard
View this month's scoreboard (archives also located here).
http://www.lrionline.com/current-scoreboard
Download a PDF of this month's scoreboard
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Fraudulent Finances
A month after Teamster Local 1150 President Harvey Jackson was charged with embezzlement, the Independent Review Board (established by a 1989 federal consent order) sent a 76-page report to James Hoffa recommending that a
trusteeship be put in place due to the local’s “failure to comply with financial controls.”
This, just after the Teamsters proposed that the Independent Review Board consent order be withdrawn as they now have no issues with corruption within the organization.
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Steelworkers Strike Oil Industry
The current
Steelworkers strike, which has extended to 12 refineries, 2 chemical plants, and 1 co-generation facility across 6 states, is the union’s largest since 1980. The strike, which is supposedly focused primarily on safety concerns, began when two weeks of contract negotiations between the union and Shell fell through. Taking place against the backdrop of a record drop in oil prices, industry leaders are caught between cutting back on spending and providing sufficient safety standards for their employees.
The
support in Houston, Texas has sparked some debate over whether or not this will give Big Labor more of a foothold in a state that has historically showed little interest in union representation. Steve Roppolo, an employment attorney with Fisher & Phillips, believes “It’s not like they can’t make headway…but there are significant cultural and other barriers, including Texans’ independent streak that leads many to be wary of unions.”
In California, the strike is drawing support from union members outside the oil industry. The California Nurses Association and members of the Communities for a Better Environment joined picketers outside a
Tesoro refinery in Martinez, California on February 12. A Tesoro refinery spokeswoman said, “Tesoro has and will continue to bargain in good faith” and is “committed to reaching an agreement.”
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Unions Funding Illegal Political Activities?
A watchdog group has accused the SEIU, the AFL-CIO and its member unions, and other unions and progressive groups of providing millions in funding for a data company that has
violated election law. The company, Catalist, has been charged with providing Democrat campaigns with “excessive, source-prohibitied, and unreported in-kind contributions,” exchanging campaign and Democratic Party data “with soft money groups making independent expenditures” and is “established, financed, maintained and/or controlled” by the Democratic Party. The Foundation for Accountability and Civic Trust (FACT), a conservative nonprofit, alleges in their complaint filed with the FEC that Catalist LLC, the Democratic National Committee and more than 300 Democrat campaigns have broken federal election law.
Below is a list of the unions who have provided funding for Catalists alleged illegal operations:
- AFL-CIO: $3,110,629
- NEA: $2,965,542
- SEIU: $1,954,600
- UFCW: $1,083,500
- Change to Win: $840,000
- AFSGME: $438,750
- Teamsters: $80,500
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Whistlin’ Dixie
When the UAW lost an election at the Chattanooga, Tennessee Volkswagen plant by a slim margin last year, they almost immediately set up an office practically next door and again started gathering signatures of VW employees that wanted UAW representation. Meanwhile, Volkswagen established a new policy called Community Organization Engagement, which “allows any union that can prove it represents at least 15% of the carmaker’s workers the ability to meet with management on a regular basis and represent workers.”
This is very similar to EFCA’s “card check” proposal. “Card check” would have completely removed the secret ballot election; instead, only requiring that a majority of the workforce sign cards of interest to establish a union as the sole collective bargaining representative of that group of employees.
UAW currently claims to have signatures from 40% of VW’s workforce, allowing them to meet once a quarter with the VW executive committee. The
American Council of Employees has reached the 15% quota and now has access inside the building and gets to meet with VW management once a month. Neither of these groups has collective bargaining rights as of yet.
It’s important to remember that Volkswagen established the Community Organization Engagement policy. In truth, they likely made this move to protect their own reputation. You may remember Volkswagen leadership getting caught in UAW’s crosshairs when the election was going on. The situation looked very similar to what is occurring at
Nissan’s Canton, Mississippi plant.
The Auto Workers have been trying to organize the Nissan plant for more than a decade with little success. Now, they are blaming it on company management and accusing Nissan “of utilizing ‘threats, intimidation and fear’ to prevent organizing at the plant.” The union has called upon Mississippi’s State Department to mediate the disagreement. Nissan has
declined the State’s mediation offer stating that they have not violated any labor guidelines and even if they had, the dispute should be handled by the National Labor Relations Board rather than the State Department.
The fact is, Auto Workers are not going to let up their attempt to organize auto factories in the South any time soon – as proved further by their current interest in organizing Mississippi’s automotive seat factory,
Faurecia – and though the South has largely followed the national trend of declining union membership, the latest Bureau of Labor Statistics data show that at least half of the southern states have held steady or increased their
membership numbers.
At this point no company is forced to recognize a union just because they have gathered signatures from their employees. The National Labor Relations Board, however, is
threatening to establish a rule that would require companies to negotiate with these minority unions (also known as worker centers).
Link & Comments
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SEIU Watch
SEIU United Healthcare West’s attempt to prevent Prime Healthcare from purchasing the six Daughters of Charity Hospitals in California is finally coming to a close.
It all began when Prime Healthcare refused to sign
Regan’s sweetheart unionization deal with California Hospital Association. This is the one where CHA executives agreed to give SEIU-UHW every possible advantage in organizing their 60,000 workers in exchange for some political favors on the union’s end.
Since the refusal, Regan’s SEIU has been doing everything possible to stop Prime Healthcare’s purchase of the Daughter of Charity Hospitals. Originally, the union was just playing interference – typical SEIU moves such slandering the company’s reputation and the like. Most recently however, they moved on to attempting to convince California’s Attorney General to allow
Blue Wolf Capital Partners to purchase the hospitals instead. Blue Wolf is a New York-based private equity firm that has no experience running hospitals.
All of their efforts have ultimately proved fruitless. Not only did California’s Attorney General
approve the sale of the hospitals to Prime Healthcare last week, but Regan’s sweetheart deal isn’t bringing SEIU the results he expected. SEIU-UHW is not only
losing those elections, but in some cases, the National Union of Healthcare Workers is winning instead.
In other SEIU news:
- Another SEIU attempt to over exaggerate employee mistreatment in an effort to organize employees was called out by the Oregon Association of Hospitals and Health Systems. SEIU Local 49 apparently published a study showing that many Oregon hospital employees are among the working poor and receive public assistance. The hospital association had the following to say:
“The real irony here is that (SEIU) have chosen to take aim at a group of employers whose pay and total benefits for their employees already reflects the very things they espouse themselves: Wages that far exceed the federal and state minimum wage and generous health insurance benefits that provide a sense of health security for those covered.”
- At the February 6 celebration of Gerardo Hernandez’s release from prison, SEIU was named as one of the organizations that helped his campaign succeed. Hernandez is one of the “Cuban 5,” a group of spies for Communist Cuba that were responsible for “the murders of four humanitarian workers (three of whom were American citizens) over international waters.”
- Local 925 has terminated a $20,000-per-year contract with Cassandra Clemans after she posted a link to the Freedom Foundation article explaining that family child care providers can opt out of paying union dues thanks to the Supreme Court’s recent Harris v. Quinn decision. Clemans has been representing SEIU members in administrative proceedings with the Department of Early Learning for five years. This certainly smells of a double standard. If a business fired an employee for posting pro-union or $15 minimum wage articles and material on Facebook, labor groups like SEIU-backed Working Washington would be up in arms.
- Another SEIU leader is stepping down after a North Carolina district attorney requested a criminal investigation into his alleged financial corruption. Read this article for further detail on how Dana Cope has transformed a 55,000 member organization into an insurance business masquerading as a union.
- Unpaid internships are a well-traveled path to work experience and exposure that can give young and less-skilled workers a leg up in securing future jobs. The SEIU is attempting to limit such opportunities (because they can’t organize these folks?). They filed a brief with the Second Circuit Court of Appeals urging them to require that companies who wish to hire unpaid interns meet stricter standards.
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Social Media Spotlight
Even as employer social media policies are under scrutiny, and as the clash between Section 7 rights and employee confidentiality deepens, new apps make it easier for employees to take their gripes online for the world to view. One new app called “
getthememo” allows users to post
anonymous reviews of and complaints about their employers.
In this article by Bloomberg BNA, employment and labor law attorney
Howard S. Lavin addresses the following questions:
- What communications are protected under Section 7 of the National Labor Relations Act?
- How has social media affected the NLRB’s view of “protected concerted activities”?
- What types of social media activities are generally protected by the NLRA that employers have gotten into trouble with?
- What types of social media activities are mistakenly assumed to be protected by the NLRA?
- How has the landscape changed (or how will it change) for union organizing as a result of the NLRB’s recent ruling in Purple Communications, Inc.?
In an interesting side note in the world of apps and unions, it appears that the only long-term way unionized taxi drivers can fight off app-driven upstarts like Uber may be to
create apps of their own. Although groups like the Taxi Worker’s Alliance and the London-based International Transport Workers Federation are attempting to use national and local governments to shut these popular services down, they are fighting an uphill battle.
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Sticky Fingers
Current charges or sentences of embezzling union officials:
- Maria Del Cupolo - OP&CMIA: $65,000
- Danae, Evelyn, John J., and John S. Romero - UISWA: $900,000
- Amanda Kay Nault - AFSCME: $3,454
- Pamela Nessen - APWU: $58,598
- Edward Feld - RWDSU: $19,000
- Choi Hawks - NALC: $10,744
- Sharon Ratcliff - CWA: $75,000
http://www.nlpc.org/union-corruption-update
