Subject: Rules For Thee, But Not For the UAW: A Union’s Staff Pushes Back: LRI INK

October 31, 2024

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Rules For Thee, But Not For the UAW: A Union’s Staff Pushes Back

by Kimberly Ricci

Fain's Battle with Stellantis

Nearly every month since UAW President Shawn Fain took office, he’s racked up a laundry list of grievances against companies. His current beef with Stellantis has lasted several months. Most recently, he raised objections over the auto manufacturer’s layoffs amid falling profits. Fain has been baselessly claiming Stellantis is “rolling in the dough” and is urging union members to authorize a coordinated national strike over a few issues:

  1. Layoffs

  2. The delayed reopening of the Belvidere Assembly Plant amid Stellantis’ financial troubles.

Fain’s call for an outside-of-contract negotiations work stoppage has met with mixed results. On the one hand, Stellantis workers at a Los Angeles parts center authorized a strike; on the other, workers at Fain’s home local in Kokomo, Indiana, declined. However, the UAW is undeterred, filing Unfair Labor Practice (ULP) charges against Stellantis over Belvidere and the potential move of Dodge Durango production from Detroit to Canada.


Stellantis insists it’s making these decisions based on the company's financial outlook, but Fain has maintained a combative stance.


The UAW’s Own Staff Pushes Back

If only Fain had paid as much attention to the UAW’s own staffers—they might not have felt the need to unionize, too. The UAW has now joined a 2024 “bingo card” of union hypocrisy alongside the National Education Association (which recently locked out staffers over a three-day strike) and SEIU Local 1199, which allegedly fired a staffer for organizing.


Back in September, we wrote about how UAW Staff United (USU) accused the union of retaliatory behavior for firing USU organizer Alex Chan and bargaining in bad faith over a first contract. USU filed ULP charges and held a strike authorization vote, with a local of 40 workers overwhelmingly voting in favor of a walkout in NYC and surrounding areas.


A Growing Divide Within the UAW

The fact that UAW staffers feel the need to unionize against the international union speaks volumes. In just 18 months, USU has established 34 locals across New England and Puerto Rico. According to USU members, there’s a distinct “disconnect between the UAW’s values and how it treats its own workers.


Additionally, Alex Chan revealed to The Guardian that the UAW refused to come to the table on the issue of wages in a big way.  Yep, the union that went to bat against the Big Three and emerged with 33%+ raises for its members has, according to Chan, only been giving “laughable” raises of 3% for the past four years, which is far lower than the high-profile UAW contract battles of late.


More Bad News for Fain

Finally, this week, Hydra-Lock workers in Detroit decertified the union with help from the National Right to Work Foundation.

AI In Healthcare Settings: Embracing The Fear Of The Unknown For A Greater Good

by Kimberly Ricci

The Department Of Labor recently issued guidelines on using AI in the workplace while clarifying that workers’ rights must be protected. The CDC also published a blog about how AI should “result in benefit, not harm, to worker safety, health, and well‐being.” Will these directives help ease workplace friction over AI? We will soon see how the International Longshoreman Association negotiations handle the punted automation issue, but it will take greater finesse to ease AI jitters at large.

 

Then, there are the unique AI fears of healthcare workers. Sure, nurses, techs, and even doctors worry about being replaced by robots, but these workers also fear that this emerging tech, which includes chatbots performing patient intakes and AI algorithms test-monitoring critical care patients at Mount Sinai, can put patients at risk of grave misdiagnosis.

 

These worries are not unfounded. As Grainger Industrial Supply’s Matt Law recently stressed to the American Society of Safety Professionals, AI is "not actually intelligent" but is only "demonstrating intelligence” as trained. The technology is evolving and imperfect and should mainly be used “to enhance the human’s ability to perform." As we have discussed, the limited use of AI has been increasing operational efficiency in healthcare settings. 

 

That last point doesn’t exactly sound terrible, does it? 

 

Nobody can dispute that nurses are overworked. If AI can help reduce healthcare worker burnout, that should be a net positive if workers warm up to the idea of AI as a helper, not a career-ender.

 

Encouraging AI-fearing healthcare workers to embrace new tech: This is a nuanced issue that requires transparency and open communication from employers, but it certainly would improve workers’ outlook on AI if this tech eased other worker fears, including the increasing workplace hazard of violence against healthcare workers. Via one survey, 81% of nurses felt physically threatened at work in 2023, and AI could present a solution.

 

Such a solution moves beyond wearable silent panic alarms, which are relatively new and can provide peace of mind for workers. However, relying only upon these devices has a disadvantage: by the time they are deployed, a threat is already present.

 

AI “weapons detection systems” have been tested by some healthcare systems, and they are now reporting first-year data on potential threats. At one Canadian hospital, 3,100+ perceived threats were detected, with “1,834 knives” found by a secondary inspection by a guard. At a Virginia hospital, AI reportedly detected 1,000+ knives along with box cutters, tasers, guns, and even machetes. And in Nebraska, an AI system caught 1,000+ weapons brought into an ER waiting room. Sure, some false positives have been reported, as noted with a Bronx hospital following a pilot program, but the inconvenience is undoubtedly outweighed by potential lives saved.

 

No magic bullet for AI worker unease exists: It’s virtually an American tradition to fret over being replaced by tech, and it’s vital that companies don’t dismiss workers’ fears. 


If employees do feel that their employers don’t take their concerns seriously, this makes a workplace more vulnerable to union infiltration. Even though unions have no clue how to handle AI, a lack of expertise has never stopped them from making false promises while recruiting.

SHRM: Phil Comments On Employers Free Speech Rights

by Michael VanDervort

In an article by the Society for Human Resource Management (SHRM), Phil Wilson discussed employers' free speech rights in the workplace when discussing unions with their employees.


"If employers are opposed to unionization, they should exercise their free speech rights during an organizing campaign, said attorney Phillip Wilson, president of LRI Consulting Services Inc., in Broken Arrow, Oklahoma.


“A lot of employers are concerned about exercising their protected speech rights because they don’t want to be targeted” by the National Labor Relations Board (NLRB) general counsel, who is independent of the board and prosecutes unfair labor practice cases, or the NLRB itself. “In my view, this is the wrong approach.”


Once a union is voted in, “you’re basically stuck with it,” Wilson added. “Well over 90% of workers covered by unions today never had a chance to vote on whether they wish to remain represented."

How Employers Can Effectively Respond to Pickets and Protests

by Michael VanDervort

With the rise of activism and heightened awareness around labor issues, pickets, and protests have become increasingly common near workplaces. Responding effectively requires preparation, strategy, and clear communication. Below are key actions employers can take to address and manage these situations effectively:


1. Identify Potential Events

Proactive monitoring helps you spot early signs of protests. Use social media monitoring tools to track keywords tied to your brand or industry. Establish "listening" for trending topics or phrases hinting at organized disruptions. By identifying mentions and tracking trends, you'll gain early awareness, allowing time for assessment and response planning.


2. Assess the Situation

Once you detect a potential situation, evaluate the level of risk and likely disruption:

  • Who is involved? Identify group size, leaders, history, and goals.

  • What is the nature of the event? Is it a picket line, sidewalk theater, or a media-centric press event? Each type will impact operations differently.

  • Where will it happen? Assess whether the protest will take place on owned, leased, or public property and how close it will be to customers or employees.

Understanding these factors allows you to gauge the potential impact on business operations and tailor your response plan accordingly.


3. Develop a Strategic Plan and Respond

Planning a response involves defining the desired outcomes and aligning internal teams, such as loss prevention, public affairs, and legal. Consider:

  • Communication: Ensure that security, management, and response teams are on the same page and have a plan for adapting to changing conditions.

  • Safety and Documentation: Prioritize employee and customer safety while documenting events for future response improvements. Proper documentation also provides valuable insights for post-event debriefs and legal purposes.

  • Pre-Event Checklist: develop a written plan that defines roles and responsibilities for all members of your response team.

4. Implement the Pre-Event Checklist

Thorough pre-event preparations can significantly reduce disruptions:

  • Define Boundaries: Confirm property lines and identify probable picket locations. If a property plat is available, it’s helpful to have one on hand.

  • Review Security Needs: Assess whether contracted security or law enforcement officers (LEOs) are required and ensure parking arrangements prevent “ricochet” effects.

  • Check Site Functionality: Ensure any available closed-circuit video (CCTV) systems are operational and preemptively limit hand-billing, picketing, filming, or picture-taking on the property.

  • Establish Talking Points: While maintaining control is important, it's best to keep direct communication with protestors to a minimum. Having well-prepared talking points can prevent misunderstandings or confrontations.

5. Actions During the Event

During a protest, maintaining order and minimizing interaction can prevent escalation:

  • Control Interactions: If a meeting between protestors and management occurs, define location, time, and participant limits. It’s advisable to have law enforcement present to guide and enforce rules, such as prohibiting photography or recording.

  • Manage Presence: Ensure staff remains professional, avoids displaying frustration,  displays appropriate demeanor and body language at all times, and limits any engagement that could worsen tensions.

6. Post-Event Follow-Up

After the protest, debrief with involved teams and document the event’s flow, assessing any need for improved strategies or additional training. Evaluate the effectiveness of your response to enhance preparations for potential future events.


Handling protests and pickets can be challenging, but with proper preparation and a strategic approach, employers can maintain operations and uphold safety. By integrating these steps into your crisis response plan, you’ll build resilience, ensuring you are prepared for future disruptions.

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About Labor Relations INK

Labor Relations INK is published weekly and is edited by LRI Consulting Services, 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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