Subject: OSHA Walkaround Rule, UAW Organizes EV Plant: LRI INK

September 12, 2024

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Responding To OSHA's Walkaround Standard

by Michael VanDervort


In this episode of The Left Of Boom Show, we sit down with Marc Freedman, Vice President of Workplace Policy for the U.S. Chamber of Commerce, to better understand how employers can prepare for the new OSHA Walkaround Standard, set to take effect on May 31st. This regulation allows employees to designate a non-employee representative to accompany OSHA inspectors during walkaround inspections, a change that carries significant implications for employers and their property rights.


Under the new rule, third-party employee representatives “may accompany the OSHA inspector when good cause has been shown why they are reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace.”


This means that employers could face situations where a union organizer or another external representative, chosen by an employee, is present during the inspection. The regulation also lacks limits on the number of employee representatives, potentially allowing multiple union representatives or activists with varying agendas to accompany the OSHA inspector onto your property.


Marc provides tips and advice on how employers can navigate these changes, protect their property rights, and manage the inspection process effectively. This episode is essential for employers seeking to understand and prepare for the complexities introduced by the new OSHA Walkaround Standard.


Resources:


OSHA Standard  


OSHA’s 'Walk-Around' Regulation Is Government-Imposed Trespassing


U.S. Chamber Challenges DOL’s Independent Contractor Rule


White Paper: Whole of Government Approach


How The UAW’s Quest To Win EV Plants Could Backfire On Workers

by Kimberly Ricci

Last week, 1,000+ GM workers at Spring Hill, Tennessee, joint venture battery plant Ultium Cells LLC, unionized by card check. Big Three negotiations included the agreement that if they unionized, unionized GM battery plant workers would be folded into the automaker's UAW master contract.

 

This Spring Hill plant is the second GM EV plant to unionize and a bragging point for Shawn Fain during his quest to organize Southern auto workers by investing $40 million, targeting 150,000 workers at non-union plants. Thus far, the union has won votes at Chattanooga's Volkswagen assembly plant and lost at Mercedes in Alabama. The Spring Hill win, however, brings the UAW's efforts into new EV territory.

 

The UAW's main selling point on this win is that GM will immediately raise EV workers' starting pay from $20 to $27.72 per hour. It doesn't take a giant leap of logic to realize that substantial raise boosts could lead to efforts to reduce expenses in an industry that, depending on who you ask, isn't exactly sailing smoothly.

 

Are EV sales in trouble? Goldman Sachs believes that the market cannot sustain current EV prices, and automakers cannot afford to lower them. Bloomberg sees this as "a blip," as evidenced by flat sales and far less growth than expected. So, the EV market "is not collapsing," but companies face certain financial realities. Outside challenges also exist with EVs, including the U.S. infrastructure's lack of public fast chargers, although several manufacturers want to fix that issue with a joint venture.

 

Are fewer workers needed to build EVs even in the best of times? Ford CEO Jim Farley predicted EV plants need 30-40% fewer workers than traditional assembly plants. This figure hasn't existed long enough to be proven or disproven. Still, it's understood that the higher cost of EVs is due to parts like lithium-ion batteries. EV manufacturers will have to control costs elsewhere, including wages, to turn a profit.

 

The UAW and Biden have other plans: One of the more telltale signs of the Biden administration's deeply entrenched union support is the Inflation Reduction Act, which designated billions of dollars to construct EV facilities while requiring employers to stay union-neutral. As a result, optimistic Big Labor proponents touted "tens of thousands" of new union jobs "in the near future" across the so-called "battery belt." That includes the Spring Hills plant, one of two Ultium Cells plants, expected to employ 1,700 workers after receiving $2.6 billion for construction. Handing out 40%+ raises to these workers, however, is not sustainable in today's market.

 

EV job losses have already happened: In June, GM's Brownstone Battery plant announced layoffs involving half of the plant's 183 jobs, and rank-and-file critics claimed that Fain knew these cuts were coming during Big Three negotiations. Fain has aired his displeasure with layoffs at Stellantis. However, as we've discussed, unions cannot protect workers from layoffs, and Fain seems content to lie through his teeth to gain more union members despite the consequences to workers.

 

Shawn Fain, of course, is quick to blame layoffs on "corporate greed," although the more accurate claim is that "union greed" will essentially force automakers into precarious positions that could backfire on workers.

Stories You May Have Missed:


California labor wants to ban ‘captive audience’ meetings at work 

Link


Amazon faces second NLRB complaint over 'joint employment' of drivers

Link


Hundreds of Nashville rideshare drivers vote to unionize, go on strike ahead of Labor Day 

Link


United Auto Workers accused of retaliating against staff union effort

Link


Waves of UNFI workers continue to join unions 

Link


Starbucks' new CEO wants to make Starbucks a coffee shop again 

Link


About Labor Relations INK

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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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