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The Animal Legal Defense Fund Is Busting Its Union With a Smile

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The Animal Legal Defense Fund (ALDF) is a major nonprofit that boasts of its more than 40 years of ?“tireless pursuit of justice for animals.” When it comes to the pursuit of justice for working humans, however, its own employees say that it is badly failing the test. 

In mid-December, ALDF’s employees told the organization’s management that they intended to unionize with the Nonprofit Professional Employees Union, a division of the IFPTE. They presented signed union cards representing a ?“super majority” of the 54-person staff, and asked for the ALDF to voluntarily recognize their union. Such voluntary recognition has become standard in the nonprofit world?—?the NPEU says that of the 35nonprofits it’s organized, only two have refused to recognize their unions. 

One of those two is the ALDF. According to employees and the NPEU, the ALDF responded to the news of the union drive by hiring the anti-union law firm Ogletree Deakins and embarking on a union-busting campaign that is now in full swing. That campaign has centered on an ongoing series of ?“captive audience meetings” in which managers gather employees in small groups to try to persuade them not to unionize, a tactic common among corporations intent on intimidating and misleading workers who seek to organize. 

An ALDF employee who supports the union, and who asked not to be identified due to fear of retaliation at work, said that the union drive came about because of the sort of disillusionment common in the nonprofit world, where people find that what they had seen as a ?“dream job” actually is nothing of the sort. After the killing of George Floyd, the staff’s dissatisfaction with what they saw as the organization’s ?“lukewarm, half-ass” response?—?as well as a perception of unfair pay rates, and inequitable treatment by managers?—?led directly to the desire to unionize in order to have a stronger voice in the workplace. ?“The people who control most of these [animal rights] organizations are largely white, and largely wealthy,” and uninterested in scrutinizing the flaws of ALDF itself, the employee said. ?“This is a huge problem for us. We’re a legal organization, so justice is paramount among our concerns… They think of us as being expendable because we have such coveted jobs.” 

The ALDF did not respond to a request for comment from its management. 

The organizing drive gathered steam through the summer, working in tandem with the NPEU, which has led an explosion of organizing among nonprofitsover the past two years. The employee says that it became clear that management knew about the drive by late October, so the unit made sure to present a large majority of signed union cards in December to make it ?“unambiguous that this is what people want.” Nevertheless, just before Christmas, management called a meeting and told everyone they would not be recognizing the union. 

Employees are upset that ALDF chose to hire Ogletree Deakins, the sameanti-union firm that the ACLU of Kansas hired last year to fight its own employee organizing drive?—?particularly because the firm works with clients in industrial agriculture, which employees see as being antithetical to ALDF’s mission. Though firms like Ogletree Deakins typically work to ensure that the employer’s anti-union campaign is as scary as possible while still following the letter of the law, they are not immune from comedy; ALDF employees found out about the firm’s involvement when a manager accidentally CC’d staffers on an email with an Ogletree attorney discussing details of an anti-union meeting.

“Anything short of recognizing your staff union in this political environment is union busting,” says Kayla Blado, the president of NPEU. ?“Management there doesn’t want to cede power to workers. They are using pretty infamous union busting tactics, the same things you see at big companies.” Blado says that the ALDF is not only forcing its employees to file for an NLRB election in order to certify their union?—?a process which will likely take months?—?it is also trying to challenge the size of the union, arguing to the NLRB that the number of eligible employees should be cut by a full two-thirds, which Blado calls ?“insulting.”

Employees at ALDF shared with In These Times notes that they took during three separate captive audience meetings with different managers. They paint a picture of a nonprofit using a standard anti-union playbook that would not be out of place at Walmart or an Amazon warehouse: a mix of encouraging comments about how management values employees’ opinions and that a union is not necessary to communicate with them directly, along with fearmongering statements painting the union as a predatory outside entity that is only out for dues money. Managers alternate between insisting that they want employees to speak up and change the organization from within, disparaging the NPEU, and warning that forcing the ALDF into bargaining with the union does not mean that employees will actually make any gains. One meeting even features the highest form of the anti-union meeting genre?—?the assurances that the people delivering the anti-union message are, in fact, strong believers in unions. 

At one point, a manager describes the ALDF’s outside attorney as ?“a really liberal blue guy,” adding, ?“He’s a management-side attorney, no doubt about it, but he’s just not a union-buster.” At another point, ALDF executive director Stephen Wells, who is leading the group’s decision to fight against the union, is described as ?“a really pro-union guy.” 

“It’s not like he’s an anti-union person,” the speaker says of Wells. ?“He’s really liberal, he’s really progressive.”

Depending on how long it takes to settle legal arguments at the NLRB and schedule a final vote, workers could be in for another two months or more of these sorts of meetings. Still, the ALDF employee says that the union-busting has not changed any minds, and is confident that the union will win. ?“It’s making people madder and more dedicated,” the employee says. ?“This is an act of love for this organization.”

This blog originally appeared at In These Times on January 13, 2020. Reprinted with permission.

About the Author: Hamilton Nolan is a labor reporter for In These Times. He has spent the past decade writing about labor and politics for Gawker, Splinter, The Guardian, and elsewhere. 


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Trump Is Waging War on the VA’s Union, and Workers Are Living in Fear

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As Don­ald Trump cam­paigns for reelec­tion by declar­ing his love for the mil­i­tary and its vet­er­ans, the union that rep­re­sents more than a quar­ter of a mil­lion Depart­ment of Vet­er­ans Affairs (VA) employ­ees says that the Trump admin­is­tra­tion has cre­at­ed an atmos­phere of fear and retal­i­a­tion among the peo­ple tasked with tak­ing care of America’s veterans.

More than 250,000 VA work­ers are rep­re­sent­ed by the Amer­i­can Fed­er­a­tion of Gov­ern­ment Employ­ees (AFGE), and the union says that the VA’s con­tract is the largest sin­gle pub­lic sec­tor union con­tract in the coun­try. Nego­ti­a­tions for a new con­tract are cur­rent­ly mired before a “Fed­er­al Ser­vices Impasse Pan­el,” which is tasked with resolv­ing bar­gain­ing dis­putes. (AFGE also filed a law­suit against the pan­el itself, charg­ing that its anti-union pres­i­den­tial appointees were improp­er­ly installed. Regard­less, the union expects the pan­el to ren­der a deci­sion on its con­tract in a mat­ter of weeks). The bureau­crat­ic maneu­ver­ings sur­round­ing the con­tract are just the lat­est man­i­fes­ta­tion of a years-long cru­sade by the Trump admin­is­tra­tion to crush fed­er­al unions—one that VA union lead­ers say is push­ing their mem­bers to the break­ing point. 

In These Times spoke to the pres­i­dents of three AFGE union locals, who rep­re­sent thou­sands of VA mem­bers across the coun­try. They paint­ed a pic­ture of an agency in which employ­ees live in fear of retal­i­a­tion from man­age­ment if they speak out about injus­tice in the work­place. And they say that the effects of a set of 2018 Trump admin­is­tra­tion exec­u­tive orders that dras­ti­cal­ly restrict­ed the union’s rights—in par­tic­u­lar by slash­ing the “offi­cial time” pro­vi­sion giv­ing access to union rep­re­sen­ta­tives at work, and by kick­ing the unions out of their long­time office space inside VA build­ings—have weak­ened the VA itself and made work­ers’ lives hard­er, even jeop­ar­diz­ing safe­ty in the midst of a pan­dem­ic. The real­i­ty for VA employ­ees is quite dif­fer­ent from Trump’s rhetoric about valu­ing vet­er­ans above all. 

Keena Smith, the pres­i­dent of AFGE Local 2192 in St. Louis, says that the Trump administration’s orders have evis­cer­at­ed the union’s last con­tract, strip­ping out health and safe­ty pro­vi­sions and whistle­blow­er pro­tec­tions, and severe­ly cut­ting back employ­ees’ rights to fight back against dis­ci­pli­nary actions. She describes a work­place in which VA employ­ees who process claims are “ter­ri­fied” that they will be fired for fail­ing to meet unre­al­is­tic quotas. 

“It’s def­i­nite­ly changed how we work and how we’re able to ser­vice our employ­ees. Over 80% of the employ­ees [here] are vet­er­ans them­selves,” says Smith, who is also a U.S. mil­i­tary vet­er­an. “These attacks become per­son­al… this is the thanks that you give those vet­er­ans who have already done their time. You put on fear tac­tics, and stan­dards that are almost impos­si­ble to make.” 

Smith seems gen­uine­ly stag­gered by the con­tempt with which the admin­is­tra­tion has treat­ed her union mem­bers, who process ben­e­fit and com­pen­sa­tion claims for vet­er­ans. “We lit­er­al­ly got evic­tion notices” for union offices in VA facil­i­ties,” she says, still incred­u­lous. “They said, ‘You have to get out or pay rent.’ What?” 

For the past three years, Lin­da Ward-Smith has led AFGE Local 1224 in Las Vegas, rep­re­sent­ing about 3,000 work­ers at a VA hos­pi­tal. “Pri­or to the Trump admin­is­tra­tion tak­ing over, I can attest to you that man­age­ment and labor had cor­dial rela­tion­ships,” includ­ing week­ly labor-man­age­ment meet­ings to dis­cuss work­ing con­di­tions, she says. That has all changed since Trump’s exec­u­tive orders. Now, she says, man­age­ment is so unre­spon­sive that it has left many of the union’s mem­bers dispir­it­ed and ques­tion­ing the point of the union’s existence. 

“We’d hear rumors like, ‘the union isn’t here any more, there’s nobody for us.’ Espe­cial­ly when we got kicked out of the office and our equip­ment got tak­en away,” says Ward-Smith. Though she still tries to meet with man­age­ment as she can, “I feel like I’m at their mer­cy. I have to some­times bite my tongue and do things on behalf of the mem­bers. But now the man­agers feel empow­ered as if they’re Superman.” 

Christi­na Noël, a press sec­re­tary for the VA, says of the ongo­ing con­tract bat­tle, “AFGE has con­sis­tent­ly fought for the sta­tus quo and opposed attempts to make the VA work bet­ter for Vet­er­ans and their fam­i­lies. It’s no sur­prise that AFGE has tak­en the same approach with its refusal to accept com­mon­sense improve­ments to its col­lec­tive bar­gain­ing agreement.”

For Bar­bara Whit­son Casano­va, who has led AFGE Local 2054 in Arkansas for two decades, deal­ing with the Trump admin­is­tra­tion “was like wak­ing up in a for­eign coun­try.” As the VA has become almost com­plete­ly unwill­ing to work with the union unless it is legal­ly required to, a con­se­quence has been that the union is oblig­at­ed to use the legal arbi­tra­tion process to address minor dis­putes that in the past could have been solved with good faith dis­cus­sions. Casano­va says that before Trump, her local might have only filed one arbi­tra­tion case per year; now, it has 17 arbi­tra­tion cas­es in process, each one cost­ing the gov­ern­ment itself thou­sands of dol­lars to litigate. 

“We feel like our Com­man­der in Chief has waged war on his troops,” she says. “The staff is burned out and liv­ing in fear.” 

All gov­ern­ment employ­ees now have “right to work” sta­tus, mean­ing that the union is oblig­at­ed to rep­re­sent them, but can­not make them pay dues if they don’t want to. Nor do the VA’s work­ers have the right to strike, by law (a right that not even pub­lic sec­tor union lead­ers are will­ing to spend the polit­i­cal cap­i­tal to fight for). Those legal restric­tions, com­bined with the Trump administration’s bat­tle against labor rights of fed­er­al work­ers, have left AFGE strug­gling for ways to assert its pow­er. “It’s a bat­tle not to give up and feel total­ly hope­less,” Casano­va admits. 

The VA’s union holds infor­ma­tion­al pick­ets and ral­lies to pub­li­cize its plight, and is enmeshed in law­suits against the gov­ern­ment, but it is unwill­ing to vio­late the law with more aggres­sive labor actions. Boxed in by reg­u­la­tions designed specif­i­cal­ly to lim­it its pow­er, the union lead­ers inside the VA say that the bal­lot box is their only promis­ing route back to nor­mal­cy. AFGE has endorsed Joe Biden, who has said he will roll back Trump’s exec­u­tive orders. Ward-Smith believes that every­thing hangs in the bal­ance on Elec­tion Day. 

“If we con­tin­ue the way we are,” she says, “the union will not be in existence.”

This blog originally appeared at In These Times on September 24, 2020. Reprinted with permission.

About the Author: Hamilton Nolan is a labor reporter for In These Times. He has spent the past decade writ­ing about labor and pol­i­tics for Gawk­er, Splin­ter, The Guardian, and else­where. You can reach him at Hamilton@InTheseTimes.com.


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Kickstarter employees vote to unionize, this week in the war on workers

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The meteoric growth of the tech industry has, with few exceptions, created a new no-unions zone in the U.S. economy. Those exceptions, such as a group of Google contractors or Facebook’s bus drivers, have largely been contract workers rather than direct employees of tech companies. So the successful unionization vote at Kickstarter is something of a first.

During the organizing drive, Kickstarter fired two union supporters and hired an anti-union law firm. The workers and their union, the Office and Professional Employees International Union, have alleged retaliation and filed charges with the National Labor Relations Board. The vote was close—46 to 37—and Kickstarter is a comparatively small company. There remain big questions about whether tech can be unionized to any significant degree. But progress is progress, and wins are to be celebrated.

This article was originally published at Daily Kos on February 22, 2020. Reprinted with permission.

About the Author: Laura Clawson is a Daily Kos contributor at Daily Kos editor since December 2006. Full-time staff since 2011, currently assistant managing editor.

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A Quiet Trump Administration Rule Change Could Allow a Federal Union-Busting Spree

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Image result for Heather GiesThe Trump administration has proposed a change in rules governing union membership for federal government workers that could embolden federal agencies to discourage staff from joining or remaining in their union.

The proposed rule, published in the Federal Register on Friday, would enable federal workers to drop union membership—and opt out of paying membership dues—at any point after their first year of membership. A rolling opt-out rule would mark a break from current practice, in which workers can revoke their membership at yearly intervals upon their anniversary of joining.

Kate Bronfenbrenner, senior lecturer and director of labor education research at Cornell University’s School of Industrial and Labor Relations, tells In These Times that beyond a mere administrative tweak allowing workers to opt out of membership whenever they please, the policy opens the door for employers to bully workers out of staying in their union, or joining in the first place. She said the issue of dues deduction could be a pressure point for employers to “intimidate and coerce workers” out of union activity.

Employers, in this context, are the Trump appointees heading dozens of federal agencies that together employ millions of workers, including 1.1 million employeesrepresented by unions. These agencies include the Departments of Veteran’s Affairs, Defense, and Agriculture, the Internal Revenue Service, the Food and Drug Administration, the National Park Service, the Environmental Protection Agency, and many more.

“Under the current administration, we’ve seen very intense anti-union activity,” Bronfenbrenner says. “This is not a law for employees. This is a law to allow employers to push workers out of the union.”

Nicole Cantello, president of American Federation of Government Employees (AFGE) Local 704 representing 1,000 Environmental Protection Agency (EPA) workers in Illinois, Indiana, Michigan, Ohio, Wisconsin and Minnesota, tells In These Times such rules interfere in the union-worker relationship by eliminating the opportunity for meaningful conversations about why a member might consider leaving the union, or what she calls a “cooling off period.”

“We’re already struggling under a similar rule,” Cantello said, referring to directives in a contract the EPA “imposed” on nearly 9,000 EPA employees. “We feel it is equivalent to union busting.”

The latest salvo in an ongoing attack

J. David Cox, national president of AFGE representing 700,000 federal and D.C. government workers, said in a statement that the Trump administration’s rule change request represents “part of an all-out assault on federal employees’ collective bargaining rights.”

“They are throwing out our contracts, enforcing illegal executive orders, and now trying to make it harder for workers to join and stay in the union,” Cox said. “Their ultimate goal is to destroy federal sector unions, and we will do everything in our ability to prevent that from happening.”

The proposed change comes amid a series of moves aimed at hollowing out federal unions. Those efforts received a boost this week when the U.S. Court of Appeals gave the green light to Trump’s executive orders limiting collective bargaining and the amount of time federal workers can spend on union activities. The National Labor Relations Board also just made it easier for employers in both the public and private sector to eliminate unions.

The proposed membership withdrawal change also follows on the heels of Janus v. AFSCME, a 2018 Supreme Court decision that barred public sector unions from collecting “fair share dues” from workers who are represented by the union, but who opt out of full membership. Janus, the result of a suit bankrolled by right-wing think tanks, brought the rest of the public sector in line with the status quo for federal workers’ unions, where union membership and dues payment was already voluntary. By invoking Janus, which argued that fair share dues infringe on workers’ free speech rights, the Office of Personnel Management’s (OPM) new membership revocation proposal lays bare its anti-union sentiment.

“Consistent with Janus,” the proposed rule states, “upon receiving an employee’s request to revoke a previously authorized union dues assignment, an agency should process the request as soon as administratively feasible, if at least one year has passed since the employee initially authorized union-dues assignment from the employee’s pay.”

Borrowing Corporate America’s playbook

The drive to wipe out federal unions isn’t new. “They have wanted to get rid of AFGE and other federal unions for a long time,” Bronfenbrenner said, pointing to the history of Reagan era union-busting and privatization under both Bush administrations. Now,  increased organizing in federal unions in recent years—including a historic 2011 AFGE win securing a bargaining unit of 44,000 Transportation Security Officers as well as support among federal workers for the $15 minimum wage campaign—could further unsettle the anti-union bosses at the helm under Trump.

“This administration is tied with Corporate America,” Bronfenbrenner adds. “They are going to act in the federal sector the way they’ve acted in the private sector.”

In research published in a 2009 briefing paper, Bronfenbrenner found that “the overwhelming majority” of private sector employers in the United States “are willing to use a broad arsenal of legal and illegal tactics to interfere with the rights of workers,” including a “combination of threats, interrogation, surveillance, and harassment” to undermine union election processes.

Bronfenbrenner tells In These Times that anti-union maneuvers, from Janus to the rule change on federal union membership revocation, introduce a similar playbook to the public sector. Together, she believes these actions are about “giving employers more power to bust unions.”

Conservative groups such as the State Policy Network, which helped fund Janus, already have aggressively targeted public sector workers urging them to opt out of their unions, but those campaigns have proved far less effective at ushering in a fatal blow to unions than many anticipated.

The OPM, the federal agency that manages the government workforce and human resources matters, submitted the proposed rule to the Federal Labor Relations Authority, which will accept public comments on the policy change until August 12.

Bronfenbrenner says the new guidelines would ultimately enable employers to “interfere with the day-to-day ability of workers to engage with the union without fear of intimidation, coercion, and threats.”

“The way the law has worked, once you are part of the union, it has been an unfair labor practice [and] a violation of labor law for the employer to oppose your participation in the union,” she said. “But with Janus, and now this, the employer has the ability to interfere with your membership in the union, and that goes against the way the law has been interpreted for years.”

This article was originally published at In These Times on July 18,  2019. Reprinted with permission.

About the Author: Heather Gies is a freelance journalist who has written on human rights, social movements and environmental issues for Al Jazeera, The Guardian, In These Times and National Geographic. Follow her on twitter @HeatherGies.


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Columbia grad students go on strike to protest university’s efforts to block unionization

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More than a year after graduate students at Columbia University voted to unionize with the United Automobile Workers, hundreds of students participated in a walkout Tuesday to protest the university’s refusal to bargain with them.

The students plan to stage a week-long strike during what is the university’s most hectic time, when students and professors are preparing for finals and the help of graduate teaching assistants, fellows, and research assistants is critical.

They claim that the university has “repeatedly ignored” the majority support among graduate students for the Graduate Workers of Columbia University-United Automobile Workers (GWC-UAW). This, despite the fact that efforts to unionize have been ongoing for more than three years.

The conflict between the university and its students regarding unionization is rooted in a fundamental disagreement about whether or not graduate students are university employees — students argue that they are, and the university contends that they’re not.

The distinction is not merely an issue of semantics, but one of rights, better wages, and improved working conditions. According to a January 2018 report by the Economic Policy Institute, graduate teaching assistants have taken on heavier workloads, have more responsibility when it comes to teaching and grading, and assume much of the research that ends up winning the universities grants and prestige.

“And yet the pay they receive rarely rises to the level of a living wage,” the report stated.

The EPI report found that between 2005 and 2015, the rise in graduate assistant and non-tenure-track faculty jobs surpassed that of tenured and tenure-track jobs, with the former currently making up approximately 73 percent of the academic workforce.

“The simple explanation for this increasing reliance on graduate and non-tenure-track faculty is that they are far less costly to employ,” the report reads.

In a statement last week, Columbia University provost John H. Coatsworth said “we believe it would not serve the best interests of our academic mission—or of students themselves—for our student teaching and research assistants to engage with the University as employees rather than students.”

Coatsworth noted that the National Labor Relations Board (NLRB) has “repeatedly reversed itself on the status of teaching and research assistants over the past 15 years,” and called for a judicial review of the “still-unsettled question.” The most recent decision came in 2016, when the NLRB ruled that student teaching and research assistants at private universities are employees with the right to form a union. That ruling is expected to be reversed again under the current Trump administration.

Other universities across the country, including Harvard University and the University of Chicago, have also recently taken steps toward unionization. Harvard graduate students voted to unionize with UAW last week.

“This growing momentum makes clear that Columbia’s efforts to block our democratic rights here on our campus cannot hold back the rising tide of academic workers seeking to improve our conditions and make our universities more just and inclusive for all,” a statement posted on the GWC website on Monday reads. “Columbia administration needs to get on the right of history and negotiate with our union.”

This article was originally published at ThinkProgress on April 24, 2018. Reprinted with permission.

About the Author: Elham Khatami is an associate editor at ThinkProgress. Previously, she worked as a grassroots organizer within the Iranian-American community. She also served as research manager, editor, and reporter during her five-year career at CQ Roll Call. Elham earned her Master of Arts in Global Communication at George Washington University’s Elliott School of International Affairs and her bachelor’s degree in writing and political science at the University of Pittsburgh.


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Trump NLRB Appointee Behind Major Anti-Union Ruling Accused of Corruption

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An anti-union policy decision from President Donald Trump’s National Labor Relations Board (NLRB) appointees appears to be tainted by a violation of ethics standards, and Sen. Elizabeth Warren (D-Mass.) is joining unions in demanding answers.

The Trump policy decision came on December 14 when the NLRB reversed an Obama-era ruling in the Browning-Ferris case—a pro-worker decision from 2015 that has been loudly decried by business lobbyists and conservative Republicans. The case turned on the issue of how the NLRB would define the term “joint employer” in union organizing cases—and was broadly viewed as a blow to McDonald’s and other fast food companies that exploit the franchise business model as a tool to help defeat unions. Last month, the five-member NLRB voted 3-2 in the Hy-Brand Industrial Contractors case to reverse Browning-Ferris, with recent Trump appointee William J. Emanuel providing the margin of victory for the anti-union forces.

Emanuel now stands accused by Warren and others of violating ethical standards by voting on the case even though he appears to have a conflict of interest. The conflict is said to arise from Emanuel’s former status as part owner (or “shareholder”) of the labor law firm Littler Mendelson, a business that specializes in representing employers against their own workers. The firm represented a party in Browning-Ferris, so standard government ethics rules indicate Emanuel should have recused himself from voting, according to critics.

“It looks really bad,” says Susan Garea, a California attorney representing Teamsters Local 350. Emanuel’s violation of ethics rules taints the NLRB vote, she tells In These Times, so the decision in Hy-Brand Industrial should be voided, and the validity of Browning-Ferris evaluated in an atmosphere free of conflicts of interest. Garea detailed her charges in a Jan. 4 court filing in the U.S. Court of Appeals for the District of Columbia Circuit. “It’s clear Emanuel should not participate,” in any vote on Browning-Ferris, she says

The Teamsters have been fighting the case for years. In 2013, Local 350 tried to organize workers at a recycling center in Milpitas, Calif., that was owned and operated by Browning-Ferris. But the union found itself blocked by a legal strategy that asserted the workers were actually employees of an outside staffing agency, Garea explains. The union fought the case before the NLRB, prevailed with the Board’s 2015 pro-union decision, and has been working ever since to fend off legal attempts to overturn the ruling. Garea, of the law firm Beeson, Tayer & Bodine, proclaims the case is far from over and the union is intent on blocking Emanuel’s improper action.

Warren entered the picture when Trump nominated Emanuel for the NLRB in mid 2017. She opposed him from the start, arguing that a lawyer who has represented only bosses in a 40-year-plus legal career was a bad choice for the NLRB, which is supposed to be a fair arbiter of labor disputes. She demanded a commitment from Emanuel to recuse himself from NLRB cases involving a long list of former clients (which he agreed to do) and voted against him in the final confirmation on the Senate floor.

“Emanuel is the opposite of what Senator Warren would like to see in an NLRB member. His conflicts of interest are a mile long, and he spent decades fighting against workers’ efforts to join together and stand up for themselves,” Warren’s Deputy Press Secretary Saloni Sharma tells In These Times.

The Senate floor vote on Emanuel reflected the deep party-line divide over Trump’s nominations to the NLRB. All the Democratic Party senators present voted against Emanuel, and all the Republicans voted for him. AFL-CIO chief lobbyist Bill Samuel tells In These Times that Trump’s appointments to government labor posts have been strongly anti-union, but Emanuel is one of the most extreme. “We didn’t make a fight about Emanuel. We just didn’t have the votes,” he says. “But we are very much behind Sen. Warren in her efforts to hold them [the NLRB members] accountable.”

In a letter dated Dec. 21, Warren posed questions to Emanuel raising concerns about potential misconduct in the Hy-Brand vote. “Given that your former partners at Littler Mendelson P.C. represented a party in [Browning-Ferris] before the board, did you recuse yourself from the board’s decision to move to remand the [Browning-Ferris] case from the U.S. Court of Appeals for the D.C. Circuit back to the board? If not, why not?” she writes. The letter, also signed by several other top Congressional Democrats, requests that Emanuel commit to additional recusals from pending NLRB cases in the future.

An unsigned email message stated that Emanuel “respectfully declines” a telephone interview to discuss the Warren allegations. Messages left directly with Emanuel were not returned.

Sen. Warren and other congressional Democrats are awaiting a formal response to the questions before deciding on the next step against Emanuel. Meanwhile, the White House is expected to announce it is nominating Washington, D.C., management-side attorney John Ring to fill an open seat on the five-member NLRB, as former Chairman Philip Miscimarra’s term on the Board expired just days after the Hy-Brand decision.

This article was originally published at In These Times on January 23, 2018. Reprinted with permission. 

About the Author: Bruce Vail is a Baltimore-based freelance writer with decades of experience covering labor and business stories for newspapers, magazines and new media. He was a reporter for Bloomberg BNA’s Daily Labor Report, covering collective bargaining issues in a wide range of industries, and a maritime industry reporter and editor for the Journal of Commerce, serving both in the newspaper’s New York City headquarters and in the Washington, D.C. bureau.


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Workers May Have Just Killed Missouri’s Right to Work Law

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In a badly needed victory for organized labor, a coalition of workers’ rights groups in Missouri is poised to halt a devastating new anti-union law from taking effect later this month.

The deceptively named “right-to-work” (RTW) legislation—quickly passed and signed into law this February by Missouri’s new Republican governor, Eric Greitens—would prohibit unions in private sector workplaces from automatically collecting dues from the workers they are legally required to represent. Designed to decimate unions by cutting off their financial resources, RTW laws are currently in place in 27 other states.

Though the law is set to take effect on August 28, the pro-union We Are Missouri coalition, led by the Missouri AFL-CIO, says it has collected enough signatures from voters to call for a state-wide referendum in November 2018 that could nullify the legislation. Implementation of the RTW law would be put on hold at least until next year’s referendum results are known.

We Are Missouri spokesperson Laura Swinford tells In These Times that Republican legislators had been wanting to pass a RTW law for years, but were blocked by Democratic Gov. Jay Nixon. As soon as Greitens was elected last November, she says, “folks were prepared.”

Missouri allows residents to call a referendum on new legislation by collecting signatures from at least 5 percent of voters from six of the state’s eight congressional districts. “When Gov. Greitens signed the so-called ‘right-to-work’ law, we had a petition ready to go,” Swinford explains.

We Are Missouri estimated it would need to collect at least 100,000 signatures to call a referendum on the RTW law. Swinford says volunteer canvassers went to festivals, concerts, county fairs and other events in every county to gather signatures. “Our volunteers have gone out there day after day, weekend after weekend, going signature by signature, page by page.”

So far, the coalition has tripled its initial estimation, collecting over 300,000 signatures. During a rally at the state capitol today, We Are Missouri turned in the petition along with 310,567 signatures.

“We have gotten a tremendous response,” Swinford says. “We believe we’re going to qualify in all eight congressional districts, which is pretty unprecedented here in Missouri. We have way overshot our goals.”

The National Right to Work Foundation sued to block the initiative on the grounds that the petition contained bad grammar, but the Missouri Court of Appeals threw out the lawsuit last month. Now that it appears they will not be able to prevent a referendum from appearing on next year’s ballot, Missouri RTW advocates are gearing up for a showdown in November 2018.

Over the past week, three anti-union political action committees in the state have received a total of $600,000 in dark money contributions. At least $100,000 of this money came from Gov. Greitens’s own nonprofit. Meanwhile, the Koch-funded Americans for Prosperity Foundation recently launched an expensive “education campaign”—including ads, door-to-door canvassing, and phone calls—to convince voters to approve the RTW law.

Swinford says anti-union forces are also resorting to “old-school intimidation tactics.” Last week, four men circulating pro-RTW brochures were spotted carrying pistols outside the Buchanan County courthouse in St. Joseph.

“You can open carry here in Missouri, but when you see something like that in front of your county courthouse, it’s alarming and upsetting,” says Swinford. “It’s going be a hard campaign, especially when you have to deal with those sorts of tactics. We just hope that people are safe.”

Missouri’s Republican lawmakers also recently passed legislation that will cut the St. Louis minimum wage from its current rate of $10 per hour to $7.70. The “right-to-work” law would also likely have a negative effect on worker pay, as wages are on average 3.2 percent lower in RTW states than those without RTW laws on the books.

Swinford says RTW would be “terribly hurtful to many Missouri families. It not only would lower wages across the board, it would erode benefits and make worksites less safe.”

In the past five years, more states have passed RTW legislation that at any time since the 1950s. Until recently, most RTW states were located in the former Confederacy, but now even traditional union strongholds like Michigan and Wisconsin are “right-to-work.”

Anti-union forces are not resting on their laurels. Earlier this year, House Republicans introduced a national RTW law, and the Supreme Court could soon hear a case that threatens to impose RTW on the entire public sector.

But anti-union legislation has been defeated before. In 2011, labor groups in Ohio called a referendum that successfully overturned the controversial Senate Bill 5, which would have severely curtailed public sector workers’ collective bargaining rights.

“What happened in Ohio shows that it’s possible to really educate folks and show them there’s a way to stand up when your legislature overreaches,” Swinford says.

“Missouri is not the only state that has a problem with extremists running amok in the legislature,” she continues. “We have the ability here through the referendum process to call them out on this behavior, to stand up and say, ‘Enough. We want you to work on the real problems we have in our state.’”

Swinford notes that she and other organizers have been amazed at how the referendum campaign has unified people of different backgrounds and communities. “People have really joined together on this. We have a lot of confidence in Missouri voters that they’ll be there in November 2018.”

This article was originally published at In These Times on August 18, 2017. Reprinted with permission.

About the Author: Jeff Schuhrke is a Working In These Times contributor based in Chicago. He has a Master’s in Labor Studies from UMass Amherst and is currently pursuing a Ph.D. in labor history at the University of Illinois at Chicago. Follow him on Twitter: @JeffSchuhrke.


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Hints of Progress for Labor in the United States

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With Donald Trump sitting in the White House and right-wing Republicans controlling Congress, there is not much for labor to cheer about on the American national political scene. In addition, the overall prospect for union organizing does not look very good. Republicans are pursuing policies at both the national and state level to further erode union membership. But with all the bad news, there have been some important victories at the state and local levels that can perhaps lay the groundwork for gains nationally in future years.

The most important of these battles has been the drive for an increase in the minimum wage. The national minimum wage has been set at $7.25 an hour since 2009. In the intervening eight years, inflation has reduced its purchasing power by almost 17%. Measured by purchasing power, the current national minimum wage is more than 25% below its 1968 peak. That is a substantial decline in living standards for the country’s lowest-paid workers.

However, the situation is even worse if we compare the minimum wage to productivity. From 1938, when a national minimum wage was first put in place, until 1968, it was raised in step with the average wage, which in turn tracked economy-wide productivity growth. If the minimum wage had continued to track productivity growth in the years since 1968, it would be almost $20 an hour today, more than two and a half times its current level. That would put it near the current median wage for men and close to the 60th percentile wage for women. This is a striking statement on how unevenly the gains from growth have been shared over the last half century.

The Obama administration tried unsuccessfully to make up some of this lost ground during his presidency. While it may have been possible in his first two years when the Democrats controlled Congress, higher priority was given to the stimulus, health care reform and financial reform. Once the Republicans regained control in 2010, increases in the minimum wage were off the table. Needless to say, it is unlikely (although not impossible) that the Trump administration will take the lead in pushing for a higher minimum wage any time soon.

Although the situation looks bleak nationally, there have been many successful efforts to increase the minimum wage in states and cities across the country in recent years. This effort has been led by unions, most importantly the Service Employees International Union (SEIU), whose “Fight for $15” campaign is pushing to make $15 an hour the nationwide minimum. The drive gained momentum with its endorsement by Bernie Sanders in his remarkable campaign for the Democratic presidential nomination last year. While Sanders was of course defeated for the nomination, his push for a $15 an hour minimum wage won the support of many voters. It is now a mainstream position within the national Democratic Party.

However, the action for the near term is at the state and local levels, where there have been many successes. There are now 29 states that have a minimum wage higher than the national minimum. The leader in this effort is California, which is now scheduled to have a $15 an hour minimum wage as of January 2022. With over 12% of the US population living there, this is a big deal. Washington State is not far behind, with the minimum wage scheduled to reach $13.50 an hour in January 2020. New York State’s minimum wage will rise to $12.50 an hour at the end of 2020 and will be indexed to inflation in subsequent years.

Several cities have also jumped ahead with higher minimum wages. San Francisco and Seattle, two centers of the tech economy, both are set to reach $15 an hour for city minimums by 2020. Many other cities, including New York, Chicago and St. Louis have also set minimum wages considerably higher than the federal and state levels.

What has been most impressive about these efforts to secure higher minimum wages is the widespread support they enjoy. This is not just an issue that appeals to the dwindling number of union members and progressive sympathizers. Polls consistently show that higher minimum wages have the support of people across the political spectrum. Even Republicans support raising the minimum wage, and often by a large margin.

As a result of this support, minimum wage drives have generally succeeded in ballot initiatives when state legislatures or local city councils were not willing to support higher minimums. The last minimum wage increase in Florida was put in place by a ballot initiative that passed in 2004, even as the state voted for George W. Bush for president. Missouri, which has not voted for a Democratic presidential candidate in this century, approved a ballot initiative for a higher minimum wage in 2006. South Dakota, Nebraska and Arkansas, all solidly Republican states, approved ballot initiatives for higher minimum wages in 2014. In short, this is an issue where the public clearly supports the progressive position.

These increases in state and local minimum wages have meant substantial improvements in the living standards of the affected populations. In many cases, families are earning 20-30% more than they would if the minimum wage had been left at the federal minimum.

In addition, several states, including California, have also put in place measures to give workers some amount of paid family leave and sick days. While workers in Europe have long taken such benefits for granted, most workers in the United States cannot count on receiving paid time off. This is especially true for less-educated and lower-paid workers. In fact, employers in most states do not have to grant unpaid time off and can fire a worker for taking a sick day for themselves or to care for a sick child. So the movement towards requiring paid time off is quite significant for many workers.

This progress should be noted when thinking about the political situation and the plight of working people in the United States, but there are also two important qualifications that need to be added. The first is that there are clearly limits to how far it is possible to go with minimum wage increases before the job losses offset the benefits. Recent research has shown that modest increases can be put in place with few or no job losses, but everyone recognizes that at some point higher minimum wages will lead to substantial job loss. A higher minimum wage relative to economy-wide productivity was feasible in the past because the US had a whole range of more labor-friendly policies in place. In the absence of these supporting policies, we cannot expect the lowest-paid workers to get the same share of the pie as they did half a century ago.

The other important qualification is the obvious one: higher minimum wages do not increase union membership. The SEIU, the AFL-CIO and the member unions that have supported the drive for a higher minimum wage have done so in the best tradition of enlightened unionism. They recognize that a higher minimum wage can benefit a substantial portion of their membership, since it sets a higher base from which they can negotiate upward. Of course, it is also a policy that benefits the working class as a whole. For this reason, unions collectively have devoted considerable resources to advancing the drive to raise the minimum wage.

However, this has put a real strain on their budgets at a time when anti-union efforts are reducing the number of dues-paying members in both the public and private sectors. This will make it more difficult to sustain the momentum for raising minimum wages and mandating employer benefits. For this reason, the good news on the minimum wage must be tempered. It is a rare bright spot for labor in the United States in the last decade, but it will be a struggle to sustain the momentum in the years ahead.

This blog was originally published at CEPR.net on June 7, 2017. Reprinted with permission.

About the Author:  Dean Baker co-founded CEPR in 1999. His areas of research include housing and macroeconomics, intellectual property, Social Security, Medicare and European labor markets. He is the author of several books, including Rigged: How Globalization and the Rules of the Modern Economy Were Structured to Make the Rich Richer. His blog, “Beat the Press,” provides commentary on economic reporting. He received his B.A. from Swarthmore College and his Ph.D. in Economics from the University of Michigan


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Charter School Network Challenges NLRB Ruling Allowing Teach for America Members To Unionize

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Mario VasquezDetroit 90/90, the charter school management group that operates University Prep, the city’s largest charter school network, furthered its challenge of ongoing union organizing by the American Federation of Teachers (AFT), recently appealing a ruling made by the National Labor Relations Board (NLRB) last month that stated that Teach for America (TFA) members should be in the same bargaining unit as professional teachers.

AFT members and organizers say that its effort to organize charter school teachers in Detroit has seen the same kind of anti-union animus that runs throughout the corporate education reform movement. Patrick Sheehan, a former University Prep teacher and TFA member involved with organizing, wrote about the conflict last month, saying “[Detroit 90/90] hired union-busting consultants, held captive-audience meetings, intimidated teachers and ultimately threatened that if teachers voted to unionize, it wouldn’t renew its management contract—which would force UPrep schools either to find a new management company or to shutter.”

But beyond typical union-busting, organizers say Detroit 90/90 went as far as to challenge 14 TFA service members’ ballots (including Sheehan’s) before the union vote that occurred in May, sequestering them as “challenged ballots.” A later NLRB hearing determined that the ballots should be included in the unit.

The management group asked the NLRB to consider TFA members “temporary service workers,” arguing that TFA members were not professional educators and therefore ineligible to be a part of any bargaining unit. The NLRB ruled against Detroit 90/90 last month, making it clear in their ruling that TFA members could join the union being organized.

But TFA bargaining rights are still being challenged by Detroit 90/90. Detroit 90/90 appealed this NLRB ruling on August 14, arguing that Teach for America contracts include prohibitions on union activities. The union counters that Detroit 90/90 ignores the fact the contract actually states that “a TFA member may engage in any [union organizing] ‘on their own initiative” when they are not not working.

In a statement to In These Times, AFT president Randi Weingarten says Detroit 90/90’s resistance to TFA member bargaining rights is reflective of their anti-teacher sentiments:

University Prep is teaching the country a lesson in hypocrisy: it tells students and parents that TFA members are qualified to teach but are not qualified to have rights or a voice. They claim that TFA corps members— who’ve participated in union elections for years—shouldn’t be allowed in a bargaining unit with other teachers. Now, after the National Labor Relations Board rejected that claim, University Prep management has decided to appeal, using resources that should be devoted to classrooms to intimidate and silence the very teachers it says it values.

TFA has become synonymous with the charter school movement, with one-third of its members serving at charter schools, according to the organization. TFA’s close relations with charter schools has brought criticism from activists and teacher unions who say that charter school operators use the organization as trojan horse for corporate education reform and teacher displacement. As Alexandra Hootnick put it in April 2014, “TFA has funneled a growing constituency of brand-new recruits into charters in large urban districts that have recently laid off hundreds of experienced teachers, including Philadelphia (where 99 percent of corps members teach in charters), Detroit (69 percent) and Chicago (53 percent).”

In response to a request for comment, Annis Stubbs, a TFA staffer who is on the University Prep Board of Directors, directed me to TFA spokesperson Takirra Winfield, who offered a statement that been previously released to other media outlets:

[TFA is] pleased that the National Labor Relations Board acknowledged that our teachers are professional, qualified educators who are deeply invested in their school communities and are able to make individual choices about their union membership. As a TFA network, we know there is tremendous strength in the diversity of perspectives among our talented corps members and alumni as they work to help make certain that every child has access to an excellent education.

With charter school union organizing on the rise and TFA members making up a large number of charter school teachers, union defense of TFA members’ bargaining rights may become more prominent if charter school operators elsewhere follow Detroit 90/90’s charges here.

“How is it that you’re going to expect the same work but yet still not give us the same rights as other teachers?” asks Xochil Johansen, a TFA member currently participating in union organizing at Alliance charter schools in Los Angeles. “We’re invested in our classrooms and we’re invested in our schools, and it’s infuriating that [Detroit 90/90] would demean our work and our profession in that way.”

Despite being given a different (though opponents have said ill-prepared) avenue to get into the profession, Johansen says of TFA members, “We teach, we’re in front of kids, we have our own classroom… we are still teachers.”

On the campaign trail for the 2016 Democratic Primary, Hillary Clinton and Martin O’Malley have both called for an expansion of funding for Americorps, a national service organization currently made up of 75,000 members, spread out throughout a variety of different non-profit organizations that it currently funds. One of the beneficiaries of any potential funding increase will be Teach for America (TFA). If an increase in membership is to come, charter school operators’ resistance to TFA members’ attempts to unionize may again be on the table.

 

This blog was originally posted on In These Times on September 23, 2015. Reprinted with permission.

About the Author: The author’s name is Mario Vasquez. Mario Vasquez is a writer from Santa Barbara, California. You can reach him at mario.vasquez.espinoza@gmail.com.


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