Outten & Golden: Empowering Employees in the Workplace

Archive for February, 2013

Cop Sues for Overtime for E-mail Checking

Saturday, February 9th, 2013

mike elkA Chicago police offer is suing the city for overtime pay after being forced to answer emails outside of work. The lawsuit could have far reaching effects for the many employees across industries who are expected to respond to work emails in off hours. From AP:

“Everybody can relate to this because people are being asked all the time these days to work for free and they are being told to work for free using their phones,” attorney Paul Geiger said.

Earlier Wednesday, attorneys for both Allen and the city told a judge they had agreed on the wording of documents that will be sent to other officers asking if they want to join the lawsuit.

According to the suit, police brass pressured subordinates in the department’s organized crime bureau to answer work-related calls and emails on their BlackBerrys, and then also dissuaded the officers from filing for overtime.

“A culture has developed where police officers feel compelled to work for free in order to possibly gain a promotion and/or maintain their coveted assignment,” according to a plaintiff filing.

This post was originally posted on Working In These Times on Feb. 8, 2013. Reprinted with Permission.

About the Author: Mike Elk is an In These Times Staff Writer and a regular contributor to the labor blog Working In These Times. He can be reached at mike@inthesetimes.com.

Fired Hostess Worker Becomes One-Man ‘Truth Squad’

Monday, February 4th, 2013

Bruce VailJust 12 short weeks ago, Mike Hummell found himself in the middle of one of the highest-profile union fights of 2012: the nationwide strike against Hostess Brands. As a member of the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union (BCTGM), Hummell hit the picket lines in early November in support of the union’s desperate showdown with the company famous for making Wonder Bread and Twinkies. But for Hummell the strike would become more than an angry protest against Hostess’ assault on his livelihood. It would be the beginning of a journey through the electronic media in search of fairness for himself and his coworkers.

“It was incredible to see the strike portrayed in the media as the union forcing the company out of business,” says Hummell, a receiving clerk at the Hostess bakery in Lenexa, Kan. With 14 years on the job, Hummell was dismayed that media portrayals of the struggle showed little or no understanding of the workers’ viewpoint. Adding insult to injury, many news outlets blithely repeated Hostess’ assertions that the company would be destroyed by BCTGM’s refusal to make “reasonable” compromises, he says.

The facts, as Hummell knew from his years at the bakery, were quite different. Workers had already made broad concessions to help save the company, and the goal of the strike was to the hold the line against Hostess managers intent on busting the unions and dismembering the company. While some press accounts seemed biased or misinformed, equally troubling was that the main newspaper in the area, Kansas City Star, was ignoring the story. Hummel’s wife sent in a complaint and a reporter soon contacted him.

“I got into an argument with them. I have to admit I was a little surprised when the the story came out and it was pretty accurate. They even quoted me by name,” he recounts.

Hummell then decided to make his own leap into personal journalism. Long a reader of the Daily Kos blog, he composed his first-ever post for the site. On November 18, Hummell—using the screen name Bluebarnstormer—blasted Hostess in a lengthy post titled “Inside the Hostess Bankery.”

“Wow, it just took off,” Hummell says. The post went viral, logging 261,723 page views in the following days. Indeed, it was so popular that Hummell’s work finished in second place in Daily Kos’ 2012 annual calculation of the site’s most popular reader posts. It was instant fame, of sorts. He was contacted by a news reporter for CNNMoney, and his comments received wide distribution. Hummell then received a call from a producer of the CNBC television network, asking that he represent the workers on a cable program with national distribution. He made two appearances on CNBC, during which he ably fielded hostile questions from both hosts and guests.

“The funniest thing about CNBC was the second time I was on, it was like they felt they had to have a whole crew of so-called ‘experts’ to prove I was wrong,” Hummell says. “Well, none of them seemed to know anything about Hostess.” He says he received a lot of encouragement from his co-workers in his efforts to spread accurate information about the strike, as well as from officers of BCTGM Local 218, which represents Hostess workers in the Kansas City area.

His campaign was not successful, however, in deterring Hostess owners from their plan to close the company, dismiss all the workers, and sell off all the assets to the highest bidder. Currently, Hostess is seeking final approvals from a federal bankruptcy court for an auction of the company’s bakeries and other property.

But Hummel is not finished in his quest. He recently completed work on a 27-minute video, which he videotaped (with a help of a close friend) at a union meeting for fired workers. He hopes that a continued campaign to inform the public will aid Hostess workers in what he regards as a gross miscarriage of justice in Hostess’s bankruptcy proceedings.

“It is absolutely a crime what has happened,” Hummell charges. “The owners of Hostess have lied again and again, and there has been no accountability” from Judge Robert Drain, who oversees the court case.

Judge Drain, he says, has been complicit in the abuse of the bankruptcy court process and should be called to account. Hummell hopes that full public exposure of Hostess managers and of Judge Drain can insure that some of the cash generated by the sale of Hostess will flow to the workers.

As for his journey into the world of media, Hummell says he plans to go further. His public stand on behalf of the BCTGM members has led to an invitation to work with the International Longshoremen’s Association, he says. His experience over the last 12 weeks has convinced him that it is possible for rank-and-file workers to make a difference, he tells Working In These Times.

You can contact Mike at bluebarnstormer <at> yahoo <dot> com.

This article was written by Bruce Vail at Working In These Times on February 2, 2013. 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.

"Grim"

Friday, February 1st, 2013

jonathan-tasiniIt is the strangest contradiction: things have not been so bad for workers probably since the Great Depression, with wages declining, health care costs going up, pensions becoming a thing of the past. People are really angry and frustrated. Yet, at the same time, unions continue to decline in numbers and power.

It got worse:

The Bureau of Labor Statistics said the total number of union members fell by 400,000 last year, to 14.3 million, even though the nation’s overall employment rose by 2.4 million. The percentage of workers in unions fell to 11.3 percent, down from 11.8 percent in 2011, the bureau found in its annual report on union membership. That brought unionization to its lowest level since 1916, when it was 11.2 percent, according to a study by two Rutgers economists, Leo Troy and Neil Sheflin.

And, even worse:

The portion of private sector workers in unions fell to just 6.6 percent last year, from 6.9 percent in 2011, causing some labor specialists to question whether private sector unions were sinking toward irrelevance. Private sector union membership peaked at around 35 percent in the 1950s.

And it will likely get worse, if that’s possible.

Now, I am not one who believes it is over. BUT: there needs to be a serious debate about what needs to be done. I agree with all the outside obstacles: the billionaires who want to kill unions, the right-wing march to eviscerate public sector unions and the growing numbers of big manufacturers who are setting up non-union operations.

But, a more systematic, honest analysis of what is not working internally is warranted.

This post was originally posted on Working Life on January 23, 2012. Reprinted with Permission.

About the Author: Jonathan Tasini is a strategist, organizer, activist, commentator and writer, primarily focusing his energies on the topics of work, labor and the economy. On June 11, 2009, he announced that he would challenge New York U.S. Senator Kirsten Gillibrand in the Democratic primary for the 2010 U.S. Senate special election in New York. However, Tasini later decided to run instead for a seat in the House of Representatives in 2010.

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