Posts Tagged ‘labor unions’

Labor and employment roundup

  • “This One Simple Trick — Used by Colin Kaepernick — Will Make It Harder To Fire You” [Coyote] And on the topic of retaliation, Obama administration appointeees have been revising doctrine in a direction sharply unfavorable to employers both at the EEOC and at OSHA, the latter of which has legal authority to enforce the retaliation provisions of many laws like Dodd-Frank unrelated to conventional occupational hazard [Jon Hyman on EEOC and OSHA]
  • In $5 million award, Texas jury finds SEIU playbook on janitors’ campaign encouraged lawbreaking disruption of target business and its clients [Jon Cassidy and Charles Blain, WSJ]
  • Obama administration’s new blacklisting rule on labor violations gives unions a whip hand in negotiations with federal contractors, as if by design [Marc Freedman, U.S. Chamber]
  • Finally, a state appellate court pokes a hole in the bizarre California Rule under which public employers may not reduce future pension benefits even when based on work not yet performed [Dan Walters/Sacramento Bee, Scott Shackford, Reason]
  • Hearing over expanding employment-law damages in Colorado highlights shift in EEO law toward goal of money extraction [Merrily Archer]
  • Post-Friedrichs, the future of mandatory union dues in public employment [Federalist Society podcast with Scott Kronland and William Messenger] “Big Labor Tries To Eliminate Right-To-Work By Lawsuit” [George Leef]

September 14 roundup

Great moments in public employee unionism, cont’d

“Metro is fighting its largest union, which has sued to reinstate a tunnel fan inspector who was fired after last year’s L’Enfant Plaza smoke disaster for allegedly falsifying an inspection report and later lying about his actions.” The lethal smoke incident killed one rider “and injured dozens more.” [Martine Powers, Washington Post, earlier]

Labor and employment roundup

  • “Clusters” of nursing employees “standing around and ‘chitchatting’ about their concern that their cars would be damaged if they voted against union representation.” D.C. Circuit rejects NLRB position that talk of tire-slashing by union backer known to have “been in violent altercations in the past, and [sporting current] hand injury from a knife fight” was harmless joking [John Ross, Short Circuit on Manorcare of Kingston v. NLRB]
  • Karma stalks #FightFor15, SEIU: “Union protested by its own minimum wage organizers” [Sean G. Higgins]
  • Feds raid powerful Philadelphia construction union boss, allies [Jillian Kay Melchior, Heat Street, Philadelphia Daily News, NBC Philadelphia, earlier Melchior on role of John (“Johnny Doc”) Dougherty in enactment of city’s soda tax]
  • “A New Illegal Interview Question: How Much Did You Earn In Your Last Job?” [Evil HR Lady on just-passed Massachusetts law]
  • “You have the right to replace striking workers, right?” [Jon Hyman]
  • Hillary Clinton now hinting at increased federal control over labor markets as a centerpiece of economic policy if elected [John Cochrane]

Labor roundup

  • Huffington Post writer lauds alleged Boston city hall union extortion scheme as in “pursuit of progressive social goals”. More: Peter Ubertaccio on U.S. Attorney Carmen Ortiz;
  • As NLRB continues leftward march, new ruling will corral more temporary workers into unions [Industry Week]
  • “Bloated, Broke, and Bullied: Mired in debt and strong-armed by its unions, the Port Authority [of NY and NJ] lavishes outlandish pay and benefits on its workforce.” [Steve Malanga, City Journal]
  • “Blistering” 13-page dissent in Schwan’s Home Service: “NLRB Member Philip Miscimarra is mad as hell about the Board’s current position on employee-handbook policies and protected concerted activity” [Jon Hyman]
  • For decades, until the Reagan administration, federal labor law banned home knitting as an organized commercial activity. During much of the same period Great Britain was proud of its equivalent [1947 Home Industries Exposition via Jot101]
  • They’ll be watching you: more on Philadelphia union drones [Connor Wolf/Daily Caller, earlier]

Federal judge halts Labor Department “persuader” rule

“Calling the Department of Labor’s new interpretation of its LMRDA Persuader Rule ‘defective to its core,’ the District Court for the Northern District of Texas issued a nationwide injunction” against the Final Rule published on March 24, 2016.” [Labor Relations Today, earlier] We summarized the regulations early on:

New Department of Labor regulations will require, on pain of serious criminal penalties, regular disclosures by lawyers, consultants, advisers, website developers, P.R. firms, pollsters and many others whose activities might persuade employees not to sign union cards. (Current regulations require disclosures only regarding consultants who actually meet with employees, as opposed to generating information that might reach them.)

The result would be not only to put we-know-where-you-live intimidation pressure on a much wider range of persons, and create many new tripwires for damaging liability, but also imperil attorney-client privilege, as with a provision demanding that attorneys disclose relationships with other clients.

Will right to work laws survive in a post-Scalia Court?

“Organized labor is laying the groundwork for an aggressive legal challenge to right-to-work laws, one that essentially would invalidate most state versions of the law.” When unions sought to overturn Indiana’s newly enacted right to work law, the Seventh Circuit upheld it but split 5-5 over rehearing of the case, a surprisingly close outcome. [Sean Higgins, Washington Examiner]

Labor roundup

  • Forget about event permits unless you hire union? Feds arrest Boston mayor’s tourism aide on extortion charges [Connor Wolf/Daily Caller, Boston Herald, indictment, WCVB (auto-plays)]
  • Georgia to feds: franchise law is state law, and you’re not free to tear up its terms to favor unions [International Franchise Association, Connor Wolf/Daily Caller]
  • Unique California farm-labor law binds growers to “contracts” they never signed. Is that even constitutional? [Ilya Shapiro, Cato] Upstate farmers furious over Gov. Cuomo’s move to unionize farm labor in New York [City and State]
  • NLRB strikes down innocuous handbook provision expecting employees to maintain “positive” workplace environment [Jon Hyman] “Is it time for a new NLRB rule on handbook policies?” [same]
  • “Funding Ideology, Not Research, at University of California ‘Labor Institutes'” [Steven Greenhut, Reason]
  • NLRB Philadelphia regional director, criticized over role in pro-union fund, suspended for 30 days [Law360, Labor Union Report]

Public employment roundup

  • Union representing Seattle school cafeteria workers threatens church for giving free pizza to students [Shift WA, KOMO]
  • Portland: “Police chief, police union urge officers not to attend citizen review panel hearings” [Oregonian] “The Most Inappropriate Comment from A Police Union Yet?” [Kate Levine, PrawfsBlawg; Tamir Rice case, Cleveland] “Maryland’s Police Union Rejects ‘Any and All’ Reforms” [Anthony Fisher, Reason back in January]
  • On-the-job porn habit got Wheaton, Ill. cop fired, but if he nabs psychiatric disability, he’ll draw 65% of $87K+ salary with no income tax [Chicago Tribune]
  • “Why TSA Lines Have Gotten So Much Longer” [Gary Leff, View from the Wing; Robert Poole, WSJ]
  • Unions are biggest beneficiaries of Congress’s transit subsidy spigot. Time to apply terms and conditions [Steven Malanga]
  • “HUD Can’t Fire Anyone Without Criminal Charges, Even Interns” [Luke Rosiak, Daily Caller] “Here’s Why It’s All But Impossible To Fire A Fed” [Kathryn Watson, Daily Caller]