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Major Public Defense Nonprofit in New York Is Unionizing

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One of the nation’s most respected public defender nonprofits is unionizing, the latest in a surge of union drives at prominent nonprofits across the country.

The Bronx Defenders, a large nonprofit that defends low-income people in the Bronx, New York, told management today that they intend to unionize with the Association of Legal Aid Attorneys, an affiliate of the UAW. The proposed union will have about 270 members, covering virtually the entire non-management staff. Of those, about 100 are not attorneys, including everyone from social workers to paralegals to facilities workers.

Employees at the Bronx Defenders cited issues like pay, health care benefits, and equality of professional development and promotions as motivating factors for the union drive. But one factor stood out more than any other: the potential for burnout among public defenders and those who work alongside them.

“I’ve seen people who were hired with me who left already because of burnout,” says Imani Waweru, a staff attorney in the criminal defense practice who has been at the organization for less than two years. “What we do every day is advocate. Why not have a place we can advocate for ourselves?”

Naima Drecker-Waxman, an associate in the immigration practice, agrees that burnout is a real threat—and believes that improvements in working conditions for the Bronx Defenders staff will translate to better outcomes for the clients. “We need to ensure our workforce is treated with respect in order to serve our clients,” she says.

Discussions about unionizing began quietly a year ago, and the effort to collect union cards intensified in the past couple of months. (Union drives at nonprofits usually win voluntary recognition from management, thanks to the inherent pressure for the organization to live up to the ideals it espouses. Employees at the Bronx Defenders expect the same.) The culmination of the union campaign comes against the backdrop of the coronavirus crisis, which has hit both the Bronx and the incarcerated population of New York City with savage force. The employees of the Bronx Defenders see their union drive as part of a larger struggle to improve a justice system that often seems unable to keep up with the demands of the crisis. “We’re all sharing this burden of a court system that’s not responsive to our needs,” says Drecker-Waxman.

Alex Shalom, the union organizer at the ALAA, says his union has already won protective equipment and hazard pay in other places. “We’re seeing the tangible benefits of an organized workforce,” he says. “Our members are of no use to clients if they’re sick.”

This blog originally appeared at In These Times on May 29, 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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Common Workplace Issues And Employee Rights To Remember

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It is practically impossible to not experience conflicts of one sort or the other in the workplace. This is why there are laws that protect employees in their workplaces, irrespective of the personal dispositions of said employees.

Common Workplace Issues

1. Workplace Politics

A pointer of workplace politics is favoritism. You might notice some favoritism going on. Some employees could never do wrong, and others never seem to get it right.

When you are caught in this web, try to understand the unspoken rules of the workplace. Try to see who wields what power, and how they go about exercising that power. This way, you know how to work your way around their traps.

2. Bullies At The Workplace

Bullies are not only found in schools. If you look closely, you would find them in the workplace as well. 

Bullies may intentionally try to exclude you from team events. Unfair criticism is a form of bullying too. Name-calling coated in jokes isn’t left out either. 

When you find that you are being bullied at work, document such actions and report to the higher-ups.

Finally, as far as workplace troubles go, you may have some issues with your dress sense. In such a case like this, you would probably need to switch up your style. 

Get some stylish and up-to-date clothes as well as top-notch accessories to go with it. There’s no law against looking classy at the office after all. 

3. Inconsiderate Bosses

It is possible that you encounter inconsiderate bosses that never seem to recognize how hard you’re working. Instead, they criticize everything you do and make you feel you’re not well equipped to do your job. 

To handle such situations, make sure that the criticisms from your boss are wrong. Up your own efforts and communication skills. 

Learn to anticipate problems and present solutions. Sometimes, it may not be about you, it could just be a very inconsiderate boss. 

Your Rights As An Employee

It is essential for you to know that there are laws that protect you and your interests at your place of work. 

Lacking knowledge of these rights may land you in positions you could have completely avoided if you were privy to your rights. 

Labor Rights cover you irrespective of your race, gender, ethnicity, or religion. 

Some of these essential rights include the right to:

Here are some other rights you need to constantly remember:

1. Your Right To Complain About Working Conditions

If you find out that there is a workplace condition you’re not comfortable with, you have the right to notify your employer about the conditions that may be harmful to you and your coworkers.

However, you might not get a quick response or even any response at all if the complaint is for your own personal reasons. 

This law doesn’t even protect you in such a situation. Make sure that whatever you are complaining about is something that affects you and your coworkers.

2. Your Right To Refuse Work

When you work in a place that you believe could harm you, you may refuse to work in such a situation. 

However, you must have informed your employer before you pull this card. 

After you have informed the appropriate authorities and they still do not put any measures in place to mitigate or alleviate any hazards, you can then trigger your right to refuse work. 

3. Your Right to Have A Copy Of Your Signed Agreements

You probably signed a folder-full of agreement papers before you started at your job. 

But what you don’t know is that you might have unknowingly given up some important rights in those papers.  

It is possible you agreed never to work for a competitor or that you relinquished the claim to your intellectual property while working with them without knowing it. 

You can request copies of all the agreements you signed. Your employer may be reluctant to give them to you, but it is your right to have them, at least in many states. 

Be sure this law protects you in your state when you want to request these copies. 

When you have the copies, go through them and know what you have signed up for. This way, you can avoid lawsuit troubles should you have a falling out with your employer.

About the Author: Norma Spencer fully enjoys her editor career living an RV life with her family. She’s a devoted tech and finance writer with a Ph.D. in Business Administration (Management). In the moment of writing this bio, Norma is in Germany, planning to spend at least a few more years in Europe in the coming years.


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Delaware Governor Signs Bill Protecting Collective Bargaining Rights of 2,000 More State Employees

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Delaware Gov. John Carney signed a bill on Thursday that allows more public employees to collectively bargain for fair wages and good working conditions in the state. Previously, only select professions were afforded this protection and now more than 2,000 workers will have all the benefits that collective bargaining brings. Passage of the bill was possible through the direct and sustained involvement of a number of union members that have been elected to the state legislature.

The Delaware State AFL-CIO played a critical role in moving the bill through the legislature to the governor’s desk. “This is a proud moment for our unions that represent our state workers,” said James Maravelias, president of the Delaware State AFL-CIO. “This shows our constant commitment to their livelihood and our ever-present representation.”

“Allowing more state workers to collectively bargain for better wages is a critical step toward improving the lives of all Delaware families,” said state Sen. Jack Walsh, the prime sponsor of the legislation. “As the state’s largest employer, we have led the way time and again when it comes to caring for our workers. From paid parental leave and loan forgiveness for public school teachers to cost-of-living wage hikes and stronger labor unions, we are creating a stronger workforce and a brighter future for thousands of our residents.”

Michael Begatto, executive director of AFSCME Council 81, praised Carney for helping get the bill through the General Assembly. “It’s not just a big moment, this is a huge moment,” he said. “I won’t use the words of our former vice president, but this is a big deal. Believe me, it’s that big of a deal.”

This blog was originally published at AFL-CIO on June 4, 2019. Reprinted with permission.

About the Author: Michael Gillis is a writer at AFL-CIO.

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Why Hundreds of Georgia Bus Drivers Just Staged a Massive Sickout

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Robbie Brown loved her students. For 18 years, she drove them in her yellow bus to and from schools in DeKalb County, Georgia. And then, last Friday, two police officers showed up at Brown’s house with a letter. She’d been fired.

Brown is one of at least seven drivers sacked after staging a “sickout” to demand better pay and benefits. Last Thursday, nearly 400 school bus drivers and monitors in DeKalb County called in sick, aiming to pressure school district officials to boost driver pay, improve retirement packages and reclassify drivers from part-time to full-time employees. The drivers have 50 demands in all. Some paint a picture of a bus system in disrepair: Drivers say they need restrooms at parking lots, working intercom systems, air conditioning on buses. Other demands, like “fair treatment for bus drivers,” tell a story of workers who are tired of being pushed around.

While district officials say they fired “ringleaders,” drivers say plans for the sickout emerged informally, and spread by word of mouth. Drivers in DeKalb, which covers part of Atlanta, are not unionized, and as public employees in Georgia, they’re barred from collective bargaining and striking. But Brown, who’s 51, felt like she had to speak out.

“My mortgage is $1,000 a month, and there’s no way, even if I retire in 20 or 30 years, that I can afford to keep my home,” she told Scalawag Magazine. Brown’s retirement plan would net her only about $400 a month after she stopped working, she says. Many of her colleagues work well into their 70s just to keep the lights on.

“Once we get old enough to retire, we can’t pay the bills.”

The sickout, which continued through Monday, comes after months of meetings in which drivers voiced concerns over benefits and pay to district officials. And it follows waves of wildcat strikes by public school teachers across the South and West who are demanding better treatment and pay. It’s too early to tell what effect the DeKalb sickout will have, but supporters hope it will add fuel to a resurgent labor movement in public education. Closer to home, Brown hopes the action will pressure district officials to meet drivers’ demands, and perhaps provoke teachers, custodians and other workers in Georgia schools to fight for better pay, benefits and working conditions.

“They need to stand up,” Brown said. “If you stand together, if you make a chain link with your hands and hold on, it can be done.”

While a number of DeKalb teachers support the sickout, teachers in Georgia might be reluctant to jump on a picket line, says Verdalia Turner, President of the Georgia Federation of Teachers, a chapter of the American Federation of Teachers.

“We don’t even have the word strike in our vocabulary here because there is no reason for our membership to strike,” Turner said. “Our plan is to continue to organize as issues come about … I hope all workers can get organized with an organization that they control and can run democratically.”

In DeKalb County, employment incentives discourage teachers from organizing, according to a teacher in the district. She spoke on the condition of anonymity, citing concerns about retaliation. Some teachers are complacent, she said. And because enough teachers want to leave the classroom for the administrative ranks, where they can expect much higher salaries, it’s difficult to whip up support for collective protest, the teacher, who is a member of the Georgia Association of Educators, explained.

“The way the system has been created, it incentivizes keeping your head down and following the rules,” she said, adding that “there’s no indication of a walkout, a sickout, or a protest.”

Yet strikes in West Virginia and Oklahoma have shown that teachers in states hostile to organized labor, and battered by funding cuts, can win material gains through collective protest. It’s worth remembering that the teacher strikes began in only a handful of counties in southern West Virginia, weeks before there was public chatter about a state-wide work stoppage. Even though the driver sickout only affected one Georgia county, 42 percent of DeKalb’s drivers refused to work last Thursday. If drivers win some of the improvements they’re asking for, it could be an early sign that drivers, custodians and other non-teacher staff can use direct action to successfully push for better labor conditions in the right-to-work south.

It’ll be a tough fight, though. While a DeKalb spokesperson told Scalawag that district officials have been developing a timeline for addressing driver concerns, the DeKalb County Superintendent condemned the sickout last week, saying the action put students in danger. “This is not acceptable and it will not be tolerated,” Superintendent Stephen Green told reporters at a press conference last Thursday, saying they will now require doctors’ notes from drivers who call in sick. “Your actions will have consequences and there will be repercussions for putting our children in harm’s way.”

For Brown, who has three children of her own, the suggestion that drivers would intentionally endanger their students is “totally ridiculous.” “I love my kids, I know all my kids’ names,” she said. She’s sad to think she might not see them again. “That’s the biggest regret I have — that I didn’t have the chance to say goodbye to them.”

Drivers have been raising concerns about pay and conditions for over two years. In recent months, a committee of drivers and bus monitors met regularly with district higher-ups, and drivers flooded recent DeKalb County Board of Education meetings with questions and complaints. On April 17, two days before the sickout, drivers met with Superintendent Green to discuss their demands. When drivers didn’t get concessions they’d asked for, they informed district officials about a planned sickout, giving them time to alert parents about possible delays. The district’s decision to subsequently fire alleged “ringleaders” prompted drivers to seek assistance from outside organizations, including Atlanta’s General Defense Committee, which is affiliated with the Industrial Workers of the World, a labor union.

On Thursday, fired drivers held a press conference calling on Superintendent Green to rehire Brown and her colleagues. They were joined by still-employed drivers, parents of DeKalb students, and members of supportive organizations.

Melanie Douglas, a fired driver, censured Superintendent Green for behaving contrary to what DeKalb schools teach students about the importance of free speech. “The message is if you speak up about injustice, if you use your First Amendment rights, then we will strike you down,” she said.

A district spokesperson told Scalawag Superintendent Green has no plans to rehire fired drivers, but did meet with members of the Driver and Monitor and Advisory Committee on Thursday. “The district has been open, is open, and will continue to be open to sitting down and thinking about issues and how to solve them,” the spokesperson added.

But during the press conference, Douglas said the superintendent was trying to “sow division between the fired and still-employed drivers.” Another fired driver, Marion Payne, said he wasn’t confident the Driver and Monitor and Advisory Committee would advocate for rehiring drivers. “They’re afraid to death. They might not say anything,” he said.

A current driver, who asked to remain anonymous, expressed that retaliation has not entirely chilled their efforts. He said drivers may yet resolve to take further action if their demands are not met.

Drivers are also consulting with lawyers about possibly contesting the terminations in court, according to Sara Khaled, a community organizer working with the drivers. “But we’re hoping we can resolve this outside the court to get the drivers hired again and get some of their original demands met,” they added.

Whatever comes of it, the sickout is history-making. It’s the first work stoppage by school bus drivers in Atlanta since 1980, when drivers shut down schools in Fulton County. And it comes on the heels of several successful organizing efforts by bus drivers elsewhere. In February, Seattle school bus drivers staged a week-long strike, forcing management to expand benefit packages and provide comprehensive healthcare coverage. Also in February, city transit workers in Atlanta went on strike to protest unfair labor practices, ultimately prompting their employer to agree to improvements in their contract. (Crucially, drivers in DeKalb insist that their action was not a strike.)

Meanwhile, Brown’s future remains uncertain. “I am applying for jobs,” she said, a little wistfully. “My license is a Class A, and I’m thinking of driving trucks, even though I love my kids and I loved my eighteen years.”

This article was published at In These Times on April 27, 2018. Reprinted with permission.

About the Author: Casey Williams is a writer based in Durham, NC. He covers issues from environmental justice to southern culture, and has published work in The New York Times, The Nation, HuffPost, and other local and national outlets.


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Workers’ rights are being abused as they rebuild in the wake of Hurricane Harvey

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Day laborers, many of them undocumented, are reportedly being exploited as they rebuild after Hurricane Harvey, and their health and economic well-being are are stake.

According to a report from the National Day Laborer Organizing Network and University of Illinois Chicago that surveyed 360 workers, 26 percent of workers have experienced wage theft in their post-Harvey work and 85 percent did not receive health and safety training. Sixty-one percent of workers did not have the necessary respiratory equipment to protect them from mold and chemicals, 40 percent did not have protective eyewear, and 87 percent were not informed about the risks of working in these unsafe buildings.

Workers have been exposed to mold and contamination on a regular basis, and regardless of whether workers are undocumented, they often aren’t aware of their legal protections, according to the report. To make matters worse, Texas is the only state that lets employers opt out of workers’ compensation for work injuries.

Advocates for different labor groups focusing on undocumented laborers have been speaking out on the issue of exploitation and visiting work sites to survey workers and pass out flyers with information on labor rights. There is tension between these advocates in Houston and Texas Governor Greg Abbott (R) on how the federal funds for hurricane recovery should be distributed. According to the Guardian, worker groups would prefer the money be distributed through the office of Houston Mayor Sylvester Turner (D), since the mayor is seen as a progressive ally. They’re afraid that if the money is instead distributed through the general land office run by George P. Bush, as Abbott wants, immigrant and worker groups won’t receive the aid they need.

The Associated Press interviewed workers hired by individual homeowners, subcontractors working on residential and commercial buildings, and work crews from outside of Texas about the working conditions. Martin Mares, a native of Mexico who came to Houston in 1995, told the AP that the demand for labor attracted people who don’t usually do this kind of work and don’t know how to do it safely. He gave the example of a pregnant woman working without gloves in an apartment building that had flooded.

Jose Garza, executive director of the Workers Defense Project wrote in the Guardian, “One woman contacted us when she and her crew, after spending more than 90 hours clearing out a Holiday Inn, were turned away without pay.”

Advocates for undocumented workers in Houston are also concerned about Senate Bill 4 (SB4), a Texas law that lets local law enforcement ask people they detain or arrest about their immigration status and hits local government officials with jail time and large financial penalties if they refuse to comply with federal detainer requests. The law is currently being held up in the courts, but that hasn’t completely erased fears among immigrant communities in Texas.

In addition to being exposed to mold and chemicals as well as experiencing wage theft, undocumented workers have already suffered from the devastation of the storm in unique ways due to poverty, lack of insurance, and their undocumented status. There are some 600,000 undocumented immigrants in Houston. After the hurricane, many undocumented people were afraid to use local shelters because of their immigration status or didn’t want to leave homes because they were concerned about protecting property. Although local and federal officials have tried to persuade undocumented people that they are not there to enforce immigration laws, undocumented people are still worried about the risk of seeking help.

Before the rebuilding efforts began, labor rights advocates and former officials from the Occupational Safety and Health Administration (OSHA) told ThinkProgress they were concerned about exploitation of workers in Texas and undocumented workers in particular, because laborers are routinely exploited and suffer major injuries. The Trump administration has already sent signals that it is not committed to labor rights. Workers groups have been critical of OSHA’s reportedly lax approach to coordinating health and safety training and the Labor Department’s ties to nonunion construction companies.

After Hurricane Katrina, workers were similarly exploited. A 2006 New Orleans Workers Center for Racial Justice study found that 61 percent of workers they surveyed had experienced workplace abuses such as wage theft and health and safety violations. A 2009 University of California, Berkeley study found that there were significant differences in conditions for undocumented versus documented workers.

This article was originally published at ThinkProgress on November 27, 2017. Reprinted with permission.

About the Author: Casey Quinlan is a policy reporter at ThinkProgress. She covers economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.


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Elon Musk May Be a “Visionary,” But His Vision Doesn’t Seem To Include Unions

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Tesla CEO Elon Musk has been making more headlines than usual lately. Shortly after the business magnate claimed he had received governmental approval to build a hyperloop from New York to Washington, D.C., he got into a public argument with Facebook CEO Mark Zuckerberg about the future of artificial intelligence. Musk also recently made comments regarding the production of Tesla’s new Model 3, a battery-electric sedan. “We’re going to go through at least six months of manufacturing hell,” he told journalists.

It’s hard to know exactly what constitutes “manufacturing hell,” but it might also be difficult to ever find out. That’s because, since last November, Tesla has required employees to sign confidentiality agreements which prevent them from discussing workplace conditions. This policy has faced increased criticism since February, as workers at Tesla’s Fremont, Calif. plant have expressed concern over wages, safety and their right to unionize. They have reached out to the United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) union, which is now intervening.

Last week, some of those workers made specific demands. A group called Tesla Workers’ Organizing Committee sent a letter to the company’s board members seeking safety improvements and a clearer promotion policy. The letter cites 2015 data from the Bureau of Labor Statistics, the last full year for which such information is available. “For that year, data from the Bureau of Labor Statistics indicates that our injury rate was higher than that of sawmills and slaughter houses. Accidents happen every day,” reads the letter. The committee also addressed Tesla’s resistance to workplace organizing: “We should be free to speak out and to organize together to the benefit of Tesla and all of our workers. When we have raised this with management we have been met with anti-union rhetoric and action.”

Attention was originally drawn to the factory’s organizing fight after Tesla employee Jose Moran published a Medium post on February 9. Moran raises safety concerns, writing that, a few months ago, six of the eight people on his work team were on leave due to workplace injuries. He also breaks down problems with the factory’s wages. According to Moran, workers at the Tesla factory make between $17 and $21 in Alameda county, an area where the living wage is more than $28 an hour. Moran wrote that some of his coworkers make a two-hour commute to work because they can’t afford to live near the factory.

“Tesla’s Production Associates are building the future: They are doing the hard work to build the electric cars and battery packs that are necessary to reduce carbon emissions. But they are paid significantly below the living wage for one adult and one child in our community,” Maria Noel Fernandez, campaign director of the local worker advocacy group Silicon Valley Rising, told In These Times via email. “We believe that green jobs should be good jobs, and that they have a right to organize and advocate for themselves and their families.”

The day after Moran published his post, employees passed out literature containing the piece during a shift change at the factory. According to an unfair labor practice charge with the National Labor Relations Board (NLRB) made by workers, and obtained by Capital and Main, this prompted management to schedule a meeting where workers were told they couldn’t pass out information unless it was pre-approved by the employer. The same NLRB charge accuses Tesla of illegal surveillance and intimidation.

Moran’s piece, and the subsequent accusations, were taken seriously enough to be addressed by Elon Musk directly. In an email to employees, obtained by Buzzfeed, Musk declared that safety concerns ignored vast improvements established in 2017. Tesla also put out a statement echoing Musk’s claims. The company’s data points to a 52 percent reduction in lost time incidents and a 30 percent reduction in recordable incidents during the company’s first quarter.

Musk promised a “really amazing party” for workers after the Model 3 reached volume production. In addition to the party, the factory would eventually include free frozen yogurt stands and a roller coaster. “It’s going to get crazy good,” he wrote. As for Moran, Musk claimed he was a paid UAW plant and that he had looked into his claims and discovered they weren’t true. The UAW, he explained, “does not share our mission” and their “true allegiance is to the giant car companies, where the money they take from employees in dues is vastly more than they could ever make from Tesla.”

This wouldn’t be the last time Musk would use such language in regards to a union. Six months after Tesla acquired Germany’s Grohmann Engineering, Musk found himself clashing with the country’s dominant metalworkers’ union, IG Metall. The union intervened to insist that Tesla straighten out a wage discrepancy that had some workers claiming they were making 30 percent less than union rates. Musk sent a letter to Grohmann employees offering a one-time bonus—an extra 150 Euros a month—and Tesla shares instead of a pay increases that the employees desire. “I do not believe IG Metall shares our mission,” reads the letter.

“We’re a money-losing company,” Musk told The Guardian in May. “This is not some situation where, for example, we are just greedy capitalists who decided to skimp on safety in order to have more profits and dividends and that kind of thing.” Two months after that interview, Automotive News reported that Musk had been the highest paid auto executive of 2016, exercising stock options worth $1.34 billion. Musk’s incredible economic success hasn’t exactly been generated via an unfettered free market. According to data compiled by the Los Angeles Times in 2015, Musk’s companies have benefited from billions in government subsidies.

Whether or not Tesla’s board members are receptive to employee demands, it seems clear that the workers’ struggle is not going away anytime soon.

This article was originally published at In These Times on August 10, 2017. Reprinted with permission.

About the Author: Michael Arria covers labor and social movements. Follow him on Twitter: @michaelarria


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Trump reversal of Obama-era labor rule is great news for corporations

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A transgender woman is suing McDonald’s and the owner of the franchised restaurant she worked for after allegedly experiencing sexual harassment and discrimination.

La’Ray Reed said a coworker asked if she were a “boy or girl,” “top or bottom,” or what her “role” was “in the bedroom.” She said she was groped and spied on while using the public toilet.

But for Reed to hold McDonald’s responsible for her alleged mistreatment, her lawyers have to prove that McDonald’s should be held responsible as a joint employer—not just the owners of the franchised restaurant. There is a question of whether the Labor Department’s recent decision to rescind the standard for determining who is a joint employer will hinder her ability to seek justice. The Obama administration’s standard went beyond simply looking at who sets wages and hires people, and considered a worker’s “economic dependency” on the business.

McDonald’s has resisted this legal responsibility for many years, and says it does not have control over things like pay and working conditions at franchised restaurants. In 2016, McDonald’s settled a wage-theft class action through a $3.75 million payment that allowed it to dodge responsibility. McDonald’s released a statement that said it “reconfirms that it is not the employer of or responsible for employees of its independent franchisees.”

Industry groups have been pushing against efforts to call businesses like McDonald’s joint employers for many years now. In 2015, Matt Haller, a lobbyist at the International Franchise Association called a 2015 National Labor Relations Board ruling on whether a recycling company could be called a joint employer, “a knife-to-the throat issue for the franchise model.” He told the Washington Post, “You’d be hard pressed to find a business that shouldn’t be concerned about the impact of this joint employer standard.” Haller said IFA was “pleased” at the department’s decision to rescind guidance this month.

But there is certainly hope for La’Ray Reed, and other workers like her who are experiencing discrimination or issues such as wage theft at work. Since the joint employer guidance does not have the full force of law, it is not as important to these cases as existing tests for determining if an employer relationship exists. Under the economic realities test, applied under Title VII of the Civil Rights Act of 1964 and the Fair Labor Standards Act, among other laws, a relationship exists if someone is economically dependent on that business. Paul Secunda, professor of law at Marquette University, who teaches on employment discrimination law, said this test will play a much bigger role in determining whether an employee can hold McDonald’s responsible for discrimination.

“Just the Trump administration withdrawing this guidance does not mean in any way that these claims are doomed to failure or are otherwise are not plausible,” Secunda said. “Because what matters the most with employment law is focusing on employment discrimination under Title VII and what other state laws apply there.”

‘This control standard is the standard that has been in place since the 1950s and ‘60s, and so it doesn’t make sense to have different standards under different laws. It only makes sense to hold liable those who control what happens in the workplace,” Secunda added.

Representatives of Fight for $15, a group of fast food workers, teachers, and adjunct professors advocating for better pay backed by the Service Employees International Union, said McDonald’s has failed to enforce its own policies.

“The growing number of allegations suggests a failure by McDonald’s to enforce the zero-tolerance policy against sexual harassment outlined in its Operations and Training and Policies for Franchisees manuals,” the labor group told BuzzFeed.

“There are terms and conditions that are set by the national parent McDonald’s,” Secunda said. “It has a policy on sexual harassment and equal opportunity that all its franchisees have to meet: that it will not tolerate sexual harassment whether based on transgender status or otherwise in the workplace. [The argument is] that McDonald’s parent company exercises meaningful control—that is being free from sexual harassment and demeaning conduct in the workplace.”

None of this means that any parent corporation is responsible for any franchisees’ lability, Secunda said, since every case must be decided on its facts, but where employers do exercise meaningful control over employees, there should be a possibility that they will be held responsible.

The decision to rescind this joint-employer guidance will by no means kill any possibility of holding a corporation, such as McDonald’s, responsible, and a judge would be more likely to consider the rule of law first, Secunda said, but the joint employer guidance would still be a helpful resource for the defendant to have in its arsenal.

“If I were a conservative jurist who wanted it to come out on the corporate conservative side of the world, I see that they could use this. ‘You know they’re the expert agency, so they can’t be wrong,’” Secunda said. “But I just think that would be disingenuous, because the agency has obviously changed its position based on the politics on the administration. And this should be an answer that has nothing to do with politics. It should be based on rule of law.”

This blog was originally published at ThinkProgress on June 22, 2017. Reprinted with permission. 

About the Author: Casey Quinlan is a journalist covering education, investments, politics, crime, and LGBT issues.


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Food Workers Take On Fowl Play at Tyson—And Win Better Conditions

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A consumer pressure campaign against labor abuses in the chicken-processing industry has produced some initial results, with a detailed pledge this week from Tyson Foods to build a better workplace for its 95,000 employees.

The campaign, led by the famed hunger-fighting group Oxfam America, is challenging Tyson and three other large chicken producers to improve on their collective record of chronic worker safety problems, poverty-level wages and anti-union attitudes. It was launched in late 2015 with the help of a coalition of like-minded groups, including the United Food and Commercial Workers (UFCW) union. Tyson’s pledge is the campaign’s first visible success.

An announcement from Tyson executive Noel White carefully avoided the language of labor rights and emphasized, instead, “investing in sustainability … to create a beneficial cycle of contributing to the future.” Nevertheless, the pledge promises some real improvements in the lives of workers on the shop floor, including:

  • Improving workplace health and safety with a commitment to achieving a 15 percent year-over-year reduction in worker injuries and illnesses;
  • Committing to a goal of zero turnover, striving for a 10 percent year-over-year improvement company-wide in worker retention;
  • Hiring 25 or more poultry plant safety trainers, adding to about 300 trainers and training coordinators the company has hired since 2015;
  • Broadening a pilot compensation program at two poultry plants aimed at increasing base wages and shortening the time it takes new workers to move to higher wage rates;
  • Making public the results of third-party social compliance audits of Tyson plants;
  • Improving and expanding other existing company-wide programs for worker health and well-being.

“Tyson Foods’ commitment to worker safety and worker rights should not just be applauded—it should serve as a model for the rest of the industry,” said Marc Perrone, president of UFCW. “Through our ongoing partnership with Tyson Foods, we have already made valuable progress. We look forward to these new and expanded initiatives.”

Oxfam campaign chief Minor Sinclair echoed Perrone’s call that other chicken producers adopt Tyson’s approach. The three other companies targeted by Oxfam—Pilgrim’s Pride, Perdue and Sanderson Farms—have thus far refused to engage with the Oxfam-led coalition, Sinclair tells In These Times. The three are now “lagging behind” in their treatment of workers and their sensitivity to the concerns of consumers, he says.

Sinclair credited other organizations in the “Big Chicken” coalition for the initial breakthrough with Tyson. In addition to UFCW, other prominent members include the National Association for the Advancement of Colored People (NAACP), the Southern Poverty Law Center and the Northwest Arkansas Workers’ Justice Center. Even the U.S. Department of Labor has supported the safety goals of the coalition, he says.

Tyson itself has only recently had a change of heart about the Oxfam campaign, Sinclair continues. For the first year or so, Tyson typically ignored Oxfam and its allies. “For many months we felt stonewalled.” But a change came in late 2016, he says, at about the same time Tyson named Tom Hayes as the new chief executive.

“I can’t really say the exact reason that Tyson changed its attitude, but I don’t think it is a coincidence,” Sinclair said about the change in leadership.

UFCW is the largest union at Tyson, representing about 24,000 of its hourly workers, says company spokesman Gary Mickelson. There is some unionization at 30 of the company’s 100 U.S. food-product plants, he says, with a handful of other unions representing an additional 5,000 employees.

One of the other union is the UFCW-affiliated Retail, Wholesale and Department Store Union (RWDSU). Randy Hadley, a RWDSU organizer, tells In These Times he hopes to see results from Tyson’s pledges soon. A cavalier approach to worker safety has characterized the meat industry for decades, he says, and improvements are long overdue.

“I hope this isn’t just a bunch of PR nonsense,” he says.

RWDSU, which represents Tyson workers in one of the Alabama chicken plants, has seen an increased emphasis on safety recently, according to Hadley.

“We have seen an increase in the number of safety meetings and safety training sessions,” he says, “so I’ll give them credit for that.”

Language barriers are the biggest obstacle to effective safety training, Hadley adds, because Tyson recruits a lot of new immigrants, including political refugees from the Middle East and other hot spots, to work in the chicken plants.

“We have another plant that we represent in Tennessee. When we print out our union literature, we do it in 17 different languages. And some of these folks can barely read, even in their own home language,” Hadley says.

As part of the new commitments announced this week by Tyson, the company pledged to expand its in-house program called “Upward Academy,” which offers courses in English as a Second Language (ESL) and other services aimed specifically at new immigrants.

This week’s announcement follows the company’s 2015 move to raise wages at most of its plants. At that time, Tyson said it would establish a new minimum of at least $10 an hour, up from $8 to $9 an hour. Top labor rates for certain skilled maintenance jobs were to be raised to as high as $26 an hour at the same time.

This blog originally appeared at Inthesetimes.com on April 28, 2017. Reprinted with permission.

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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Day 1 in the Newly Seated Kentucky Legislature Is About Attacking Working People

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Kentucky Republican leaders, led by Gov. Matt Bevin, gained control of the state House, giving them control of the executive and legislative branches. Their first order of business? Go after working families. Bevin and the Republicans are pushing forward with several anti-worker resolutions. In the process, they have given more say in the state’s future to outsider billionaires and CEOs than the people of the state.

Kentucky Republicans abused their power, changing the rules to move the anti-working people bills as “emergency legislation,” even though the only emergency happening is the one they are creating for working families. Legislators don’t even have time to read the bills, much less take the time to fully understand the impact of the legislation. New legislators don’t even have phones or offices yet, and they’re being asked to quickly vote yes or no on dangerous, destructive bills.

Even worse, by bending the rules in their favor, Republicans have given the public no chance to weigh in on the legislation. The bills have been reported out of committee and could be voted on the floor of the legislature as early as Saturday.

The Kentucky State AFL-CIO condemned the sneaky move:

The so-called right to work and prevailing wage repeal bills passed (out of committee) today will deny economic opportunities for Kentucky’s working families.
Kentucky’s working families are suffering. They are facing employment, health care access and education challenges. The Kentucky GOP not only ignored their plight, they made them worse with these anti-worker bills.

Kentucky Governor Matt Bevin and House Republican leadership made hurting working Kentuckians their number one priority. They did not advance bills to increase education funding, raise wages, or fund vital services in our community. Instead they chose to give multi-national corporations more power to outsource jobs, cut wages, and reduce benefits at the expense of our workers, small businesses, and the local economy. This is shameful.

The Kentucky labor movement will continue to fight for the rights of Kentucky’s working families, like we have been doing for more than 100 years. We will demand government transparency and accountability. And we will continue to fight for better wages, reasonable hours and safer working conditions. We will take this opportunity to grow the labor movement and organize like hell!

Politicians didn’t create the labor movement and politicians aren’t going to destroy the labor movement.

Other working family advocates agree. Bill Finn, director of the Kentucky State Building and Construction Trades Council, said: “A lot of working people voted for change in this election. They didn’t vote for this. They didn’t vote for a pay cut.”

Learn more at Kentucky State AFL-CIO.

This blog originally appeared in aflcio.org on January 4, 2017.  Reprinted with permission.

Kenneth Quinnell: I am a long-time blogger, campaign staffer and political activist.  Before joining the AFL-CIO in 2012, I worked as labor reporter for the blog Crooks and Liars.  Previous experience includes Communications Director for the Darcy Burner for Congress Campaign and New Media Director for the Kendrick Meek for Senate Campaign, founding and serving as the primary author for the influential state blog Florida Progressive Coalition and more than 10 years as a college instructor teaching political science and American History.  My writings have also appeared on Daily Kos, Alternet, the Guardian Online, Media Matters for America, Think Progress, Campaign for America’s Future and elsewhere.  I am the proud father of three future progressive activists, an accomplished rapper and karaoke enthusiast.


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Transit Workers Reach Agreement to End Weeklong Strike in Philadelphia

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On Monday, transit workers in TWU Local 234 reached a tentative agreement with the Southeastern Pennsylvania Transportation Authority and ended a weeklong transit strike in Philadelphia. Nearly 5,000 employees are returning to work, and the deal now goes to the local’s membership for a vote, which is set for Nov. 18.

Willie Brown, president of Transport Workers (TWU) Local 234, lauded the agreement:

“This is a contract with many important gains, especially on pension benefits and a host of non-economic issues effecting the working conditions and job security of our members. As everyone with experience in collective bargaining knows, we didn’t get everything we wanted—but we came a long way from where we were prior to the strike. We made gains in pensions and wages and minimized out-of-pocket health care expenses at a time when health care costs are soaring, while maintaining excellent medical coverage for our members and their families.

“We worked day and night at the bargaining table in an attempt to finalize a new contract over the past week. We settled just hours before facing the possibility of a back-to-work court-ordered injunction. We ultimately prevailed because our members were determined and united from beginning to end. We also benefited from the assistance of city leaders such as Congressman Bob Brady and Democratic congressional candidate Dwight Evans, who worked to help us settle this dispute with a SEPTA Board controlled by Republicans.

“Our members will keep Philadelphia moving, and we will continue to fight for our members’ economic well-being and their rights on the job.”

Said TWU President Harry Lombardo:

“TWU’s members in Philadelphia are some of the hardest working people on the job. We’re pleased they’ll have a contract that recognizes that.”

Details of the agreement will be made public after the vote.

This blog originally appeared in aflcio.org on November 7, 2016.  Reprinted with permission.

Kenneth Quinnell: I am a long-time blogger, campaign staffer and political activist.  Before joining the AFL-CIO in 2012, I worked as labor reporter for the blog Crooks and Liars.  Previous experience includes Communications Director for the Darcy Burner for Congress Campaign and New Media Director for the Kendrick Meek for Senate Campaign, founding and serving as the primary author for the influential state blog Florida Progressive Coalition and more than 10 years as a college instructor teaching political science and American History.  My writings have also appeared on Daily Kos, Alternet, the Guardian Online, Media Matters for America, Think Progress, Campaign for America’s Future and elsewhere.  I am the proud father of three future progressive activists, an accomplished rapper and karaoke enthusiast.


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