Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘union’

Another Argument In The Campaign Against Teachers’ Unions Bites The Dust

Tuesday, April 12th, 2016

Jeff BryantFor years, the campaign against public school teachers and their unions has lurched from one outrageous argument to another to support its case.

Teachers’ unions are accused of fighting for their salaries and benefits while ignoring the interests of school children. Prominent pundits say the unions “block needed reform” and protect “bad teachers” – even hiding sexual predators.

For every one of these over-heated claims, there are always powerful, fact-based counter arguments to dispel the many myths driving the anti-teachers’ union project.

Most recently, the twisted rationale for getting rid of teachers unions and the rights they’ve secured through years of struggle has led to the argument that unions play a role in misallocating resources – in particular, a role in sending the most qualified teachers away from where they are most needed: in schools with the most struggling students.

No one disputes the fact that disadvantaged children are often taught by under-credentialed, less-experienced teachers. But what anti-union operatives contend is that teachers’ unions, through collective bargaining or by pressuring public officials, are responsible for the fact that that best teachers are often misallocated to school districts with the most capable, well-supported students and that the unions simply don’t mind if underserved students get “the dregs.” The anti-teachers’ union campaign claims this misallocation is partly what causes achievement gaps in schools, which then lead to the vast socioeconomic inequality in society.

Now we know this argument is false too.

In a new report from the Economic Policy Institute, we learn, “There is no relationship between union strength and a misallocation of teachers that disadvantages students in high-poverty schools.”

The report calls the entire premise of union-created misallocation “a distraction from efforts to address the persistent nature of achievement gaps between advantaged and disadvantaged students.” It recommends that instead of continuing to engage in an effort to pin the blame of inequity on unions, there should be more effort and research invested in learning “why teachers sort the way they do.” The report anticipates that research into teacher distribution would likely find the reasons teachers tend to gravitate to the more highly performing schools is due to “other aspects of school finance and school quality (e.g., facilities, access to advanced classes, curriculum, climate, etc.).”

To compile the report, the authors looked at teacher credential data from the federal government, at well-regarded measures of teachers’ union strength, and at data on student poverty levels from the National Assessment of Education Progress (known as “the nation’s report card”).

In order to assess whether teachers are misallocated away from high-poverty schools, they compare the proportion of teachers having each of three quality measures (experience, credentials, major or minor in field) in high-poverty schools relative to the average proportion across all schools in the state. Then they examine these comparisons in the context of the measures of relative union strength to look for correlations.

Their analysis consistently shows, “Misallocations of teacher quality are not more nor less severe in states with stronger teachers unions.” Some states, such as New Jersey, Wyoming, and Ohio, actually have more experienced teachers in high-poverty schools. In New Jersey, again, and Hawaii, the high-poverty schools tend to have more certificated teachers.

The authors also find there are indeed states that have grossly misallocated its most qualified teachers, including Connecticut, Virginia, Nebraska, New Hampshire, Maryland, Minnesota, Pennsylvania, and New York.

But in both states where the most qualified teachers are in the neediest schools and in states where they aren’t, the strength of teachers’ unions is simply not a factor. Strong union states such as New York and Pennsylvania can have the same misallocation problems as weak union states such as Virginia and Arizona. Conversely, some strong unions states such as Wisconsin and Hawaii do better at distributing qualified teachers, as do states like Tennessee and South Carolina that have relatively weak unions.

The authors agree there is an urgent need to address the persistent nature of achievement gaps between advantaged and disadvantaged students. Indeed, their analysis finds, “Almost half (47.7 percent) of U.S. public schools are high-poverty schools. The share is over two-thirds in Mississippi, Washington, D.C., New Mexico, Louisiana, Arkansas, Alabama, Oklahoma, Tennessee, and Florida.”

But based on this analysis, the argument that somehow teachers’ unions cause the neediest students to be underserved should be rejected, and discussion needs to pivot away from these distractions to a focus on real root causes of the inequities in our schools.

This blog originally appeared on ourfuture.org on April 8, 2016.  Reprinted with permission.

Jeff Bryant is an Associate Fellow at Campaign for America’s Future and the editor of the Education Opportunity Network website. Prior to joining OurFuture.org he was one of the principal writers for Open Left. He owns a marketing and communications consultancy in Chapel Hill, N.C. He has written extensively about public education policy.

Trump Las Vegas hotel is not letting up on its fight against its own workers

Friday, February 26th, 2016

Workers at the Donald Trump co-owned Trump International Hotel Las Vegas voted to unionize. When hotel management challenged the union vote, the National Labor Relations Board rejected the challenge. But the Trump Organization fights on—to deny its workers their right to organize. The claim, of course, is that the big bad union intimidated the workers into voting to unionize:

“We will continue our fight to ensure a fair election for our valued associates, many of whom vigorously oppose union representation,” said Jill Martin, an attorney for The Trump Organization, in a statement to reporters. “The hearing officer’s recommendations erroneously disregarded the severe misconduct undertaken by Union agents, which clearly impacted an incredibly close election.” Trump management has until next week to formally challenge the NLRB recommendation, and then the Board’s regional chapter will determine whether or not to certify the union. Even if the local board backs the workers, Trump can further delay by appealing their ruling to the federal board in Washington, D.C.

That intimidation claim is what the NLRB’s local hearing officer already rejected. There is good reason, though, to believe that the vote was fraught with intimidation and retaliation … coming from management:

For some workers, like Donato, that wait is especially painful. After three years working at the hotel, Donato was suspended and then fired shortly after the union election, which he thinks was retaliation for his open support for the union. He is desperately hoping to win his job back as part of the bargaining process, and says he is mostly worried for his elderly mother and siblings in the Philippines, who depend on the money he sends them.

That wasn’t the first time the Trump hotel management went after a worker for exercising their legal right to organize. But even if all of management’s claims that the union harassed workers into voting yes are thrown out in the end, they can delay the final recognition of the union and delay a contract for months, at least, inflicting pain on the workers who’ve already risked so much to fight for a better workplace.

This blog originally appeared in dailykos.com on February 24, 2016. Reprinted with permission.

Laura Clawson has been a Daily Kos contributing editor since December 2006 and Labor editor since 2011.

 

 

Trade Deals Like the TPP Are Murdering American Manufacturing

Thursday, February 25th, 2016

Leo Gerard

In the week before Valentine’s Day, United Technologies expressed its love for its devoted Indiana employees, workers whose labor had kept the corporation profitable, by informing 2,100 of them at two facilities that it was shipping their factories, their jobs, their communities’ resources to Mexico.

A few workers shouted obscenities at the corporate official. Some walked out. Others openly wept as United Technologies shattered their hopes, their dreams, their means to pay middle-class mortgages.

Three days later, 1,336 workers at Philadelphia’s largest remaining manufacturer, Cardone, learned that company planned to throw them out too and build brake calipers in Mexico instead. Two weeks earlier, a Grand Rapids, Mich., company called Dematic did the same thing to its 300 workers.

No surprise. In the first decade of this century, America lost 56,190 factories, 15 a day.

Republican presidential candidates talk incessantly of building a physical wall to keep impoverished Mexican immigrants out of America. What they fail to offer is an economic barrier to prevent the likes of United Technologies and Cardone and Dematic from impoverishing American workers by exporting their jobs to Mexico.

The president of Carrier, owned by United Technologies, gathered the Indianapolis factory employees, skilled workers who earn an average of $20 an hour, and informed them that the corporation planned to kick them to the curb but expected them to perform to the highest standards until Carrier opened a new plant in Monterrey, Mexico, where workers will be paid $3 an hour.

Carrier President Chris Nelson told the group, “This was an extremely difficult decision.”

Such difficulties for poor, poor United Technologies! It was making a nice profit at its Indianapolis and Huntington factories. But it was not the big fat profit it could pocket by paying Mexican workers a mere $3 an hour, providing $3 an hour in health and pension benefits, and doing it all in the nation with the longest work weeks among the 36 countries in the Organization for Economic Co-operation and Development.

It would be “extremely difficult” for United Technologies to abandon Indiana after the corporation grabbed $530,000 from the pockets of hard-working Hoosiers over the past nine years as the state’s economic development agency forked over taxpayer cash to the corporation.

It would be even more “difficult” to turn its back on America considering that United Technologies grabbed $121 million from a federal tax credit program established specifically to ensure that green manufacturing jobs remained in the United States. Carrier took $5.1 million of those tax credits in 2013.

“This is strictly a business decision,” Nelson told the jeering workers. It wasn’t because of anything they had done. It was just that Mexico allows corporations to exploit its people in ways that America does not. Its minimum wage is 58 cents an hour, while the United States requires at least $7.25. For now, at least. Some GOP president candidates (Donald Trump) have said they think that’s too high.

The North American Free Trade Agreement (NAFTA) ensnared Mexican and American workers in a race to the bottom. And the proposed Trans-Pacific Partnership (TPP), a free trade deal among 12 countries instead of just three, would place American and Mexican workers in an even worse competition. They’d vie for jobs with forced and child labor in places like Brunei, Malaysia and Vietnam.

Under NAFTA, cheap American grain shipped to Mexico without tariffs destroyed peasant farming. And that prompted migration north. Meanwhile, American factories saw desperate Mexicans willing to work for a pittance, a government unwilling to pass or enforce environmental laws, and because of NAFTA, no tariffs when the goods were shipped back to the United States. That propelled factory migration south.

Before NAFTA, the United States had a small trade surplus with Mexico. That disappeared within a year, and now the annual trade deficit is approximately $50 billion.

Though it has been 22 years since NAFTA took effect, a report issued last week by the AFL-CIO says, “Labor abuses in many cases are worse now than before NAFTA … In short, NAFTA has contributed to labor abuses, not improvements.”

The report says the Mexican government fails to enforce labor laws and refuses to ensure that workers can form independent labor unions to try to protect their own rights. In fact, the report says, “The human and labor rights situation in Mexico is rapidly deteriorating.”

As a result, workers are powerless and completely at the mercy of corporations. So corporations like United Technologies can pay them $3 an hour and get away with it. This is not good for Mexican workers. And it’s not good for American workers.

The AFL-CIO report makes it clear that the TPP would worsen the situation because it would give corporations like United Technologies the option of moving to places like Vietnam where they could pay trafficked workers and child laborers $1 an hour. Or less.

Just like with NAFTA, there’s nothing enforceable in the TPP that would stop the labor abuses. It would facilitate corporations forcing workers from Indianapolis, Philadelphia and Monterrey, Mexico, into competition with 14-year-olds laboring 60-hour-weeks for $1-an-hour in Malaysia.

Just like United Technologies, these corporate CEOs would say it was “strictly business” to offshore American mills, industry that had served as city centers for decades, even centuries, factories so synonymous with towns that the communities took their names like Ambridge (American Bridge) and Hershey, which, by the way, laid off workers at its Pennsylvania home in 2007 and opened a chocolate plant in Monterrey, Mexico.

The AFL-CIO investigation of the TPP determined that it would do nothing more than increase corporate profits while sticking workers—in the United States and elsewhere—with lost jobs, lower wages and repressed rights.

For 22 years NAFTA has destroyed subsistence farming in Mexico and good, middle class factory jobs in the United States. Maybe corporations have made out like bandits. But the banditry should be stopped for the heartache it has caused on both sides of the border.

As Carrier President Nelson told the Indianapolis workers, members of my union, the United Steelworkers, that he was taking their jobs from them so that shareholders and corporate executives could make a few extra bucks, the workers protested. Nelson kept saying, “Quiet down. Let’s quiet down.”

That’s exactly the opposite of what American workers and communities should be doing. They should shouting from rooftops, “No TPP!”  For the love of American manufacturing, they should be yelling bloody murder.

This blog was originally posted on inthesetimes.com on February 24, 2016. Reprinted with permission.

Leo Gerard is the president of the United Steelworkers International union, part of the AFL-CIO. Gerard, the second Canadian to lead the union, started working at Inco’s nickel smelter in Sudbury, Ontario at age 18. For more information about Gerard, visit usw.org.

 

Yesterday’s ‘Friedrichs’ Arguments Show Labor’s Difficulties in a Post-‘Citizens United’ World

Tuesday, January 12th, 2016

Editor’s note: In These Times has covered the Friedrichs case since the beginning. For more pieces on the case and its potential impact, see this roundup.

Yesterday, the Supreme Court heard extended arguments in Friedrichs v. California Teachers Association. The case is ostensibly a First Amendment case about whether public employees who do not want to join a union can withhold all fees—the same as “right to work”—or whether unions can charge those employees fees—“agency” or “fair share” fees—to cover activities germane to collective bargaining. The plaintiffs, 10 objecting teachers and a Christian education association, were asking the Supreme Court to overturn the 1977 case Abood v. Detroit Board of Education that declared that agency fees were the proper compromise between workers’ constitutional rights and the government’s interest in promoting labor peace.

However, despite a fairly clear issue before the Court, the arguments proceeded bizarrely, jumping repeatedly between disparate issues. This seemed to be largely the result of two fairly unique circumstances surrounding this case.

First, the Supreme Court had almost no record that could be used to address basic questions. Usually, cases that end up in front of the Supreme Court take a slow path in front of lower courts, where evidence is introduced and a conversation of sorts develops between the parties and the judges. By design, the conservative Center for Individual Rights, which represented the plaintiffs, pushed this case through the system in record time.

At each lower court, the plaintiffs’ position was that the case should be dismissed on the basis of longstanding Supreme Court precedent. As a result, the plaintiffs were able to get the case in front of the Supreme Court in less than two years. But they did so without much evidence from which either side could draw from.

This led to arguments that were, at best, abstract political positions talking past each other. At one point, the attorney for the California Teachers Association tried to explain to Justice Scalia about the history of public sector agency fees and public services, arguing that in New York City the use of such fees helped the city deliver better transit services. When pressed by Scalia on how the fair share fees led to this result, the union attorney basically had to throw up his hands and state that without a factual record, he has little to rely on other than what was raised in the various amicus briefs.

However, it was not just the lack of a record in this case that made it so peculiar—it was also the broad assumption among the Justices and the attorneys that money is speech. Being required to pay a fee for a benefit is now considered compelled speech, and any expenses negotiated between a union and a government employer constitute political speech. In one telling moment of the argument, when the attorney for the State of California tried to argue that mileage reimbursement rates are among the prosaic matters that public sector unions negotiate, Chief Justice Roberts shot back, saying, “It’s all money. That’s money.”

Chief Justice Roberts further articulated this position when, in one of his classic simplifications (recall his 2007 affirmative action formula: “the way to stop discrimination on the basis of race is to stop discrimination on the basis of race”) he stated, “If your employees have shown overwhelmingly that they want collective bargaining, then it seems to me the free-rider concern that’s been raise is really insignificant.” Completely missing from Justice Roberts’ statement was any awareness of how people act in the real world, or half a century of social science research on collective action and the free rider problem. Instead, it’s as simple as: if they approve, then they will pay; if they don’t pay, they don’t approve.

According to the Court’s current First Amendment jurisprudence, money appears to be not only speech, but also the type of speech that deserves the highest form of protection. The problem with this view is that even if one assumes that money does represent some form of speech, it would represent among the most imprecise and inscrutable type of speech.

When someone buys a banana from Walmart, does that purchase signal that the buyer believes in Chiquita’s use of paramilitary organizations in Colombia, or affirms Walmart’s use of union-busters, or buys into the myriad of conservative causes supported by the Walmart and Walton Family Foundations? Or does it mean that the person craved a banana and found herself near a Walmart? It is impossible to know without engaging in actual speech with the individual.

In the yesterday’s arguments, Justice Breyer tried fruitlessly to point out that we have to beware in ascribing too much meaning to money. “You will go out this door and you will buy hundreds of things, if not thousands, where money will go from your pocket into the hands of people, including many government people, who will spend it on things you disagree with.” But with a quick out-of-context quote by James Madison, the attorney brushed aside Justice Breyer’s concerns.

In this case, which was purportedly all about the First Amendment, it was shocking how little speech or the political positions of the unions were discussed in the oral arguments. Indeed, though several of the Justices repeatedly cast teacher pay and merit pay as highly political issues over which teachers could disagree, it appears that Rebecca Friedrichs (the lead plaintiff in the case) actually agrees with the union on these issues.

This leads to the natural question of what happens when conservatives have completed the project of going after union money and actually go after union speech. Contrary to the picture painted by many of these conservative organizations, unions are not simply massive war chests secretly funding the Democratic Party. They are organizations that represent millions of workers each and every day in grievances, contract negotiations, the press, the legal system, the political sphere and in a variety of other domains. Unions engage in an enormous amount of “speech” on behalf of their memberships—is each and every part of that speech open to First Amendment attack?

Judging by the briefs submitted in this case and the oral arguments, there is good reason to be concerned about future attacks. After union dues and fees, the likely next attack will be about exclusive representation. If the Supreme Court here determines that the requirement to pay fees for representation violates public sector workers’ First Amendment rights, it is hard to see how they won’t also soon determine that public sector unions’ representation of workers does not also violate their First Amendment rights. While some union advocates have argued for the elimination of exclusive representation (especially in response to “right to work”), one has to recognize that American labor law was established with a careful balance in mind. Without required fees and without exclusive representation, the horizon will change greatly.

Though it’s impossible to divine from oral arguments which way the ultimate decision will go, yesterday’s argument showed a lack of understanding on the part of some of the justices of how unions function, an antipathy towards their activities on behalf of their membership and a view of them as being at odds with the Constitution. None of that bodes well for the outcome unions are hoping for in this case.

This blog originally appeared in inthesetimes.com on January 12, 2016.  Reprinted with permission.

Moshe Z. Marvit is an attorney and fellow with The Century Foundation and the co-author (with Richard Kahlenberg) of the book Why Labor Organizing Should be a Civil Right.

Hundreds gathered in DCA yesterday, but it wasn’t for what you think.

Wednesday, October 28th, 2015

seiuYesterday I joined my brothers and sisters around the world at Ronald Reagan national airport in the demand for higher wages, better trainings and working conditions for airport workers. I got involved with the union and Fight for 15 because I saw the imbalance of power that is hurting people.

As a cabin cleaner at San Francisco International Airport, I am proud to say that because we have a union, we have some of the highest working standards in the country, but I know there are many more who don’t and need our support. Folks like Ababuti Ogalla, a wheelchair assistant at Boston Logan Airport. Like many, he is an immigrant who came to America to build a decent life for his family.

“I started working at Boston Logan in 2011, but I quickly realized that with two kids and a wife to support, my pay doesn’t even cover my rent and bills. That’s not the America I believed in. Now I work two jobs, barely have any time to spend with my family, and still struggle to make ends meet.”

Ababuti is right. That’s not the America any of us believe in. We continue to fight because we know we can raise the minimum wage and support the ones we love with dignity and respect.

Too many airport workers are paid minimum wage or less and that’s not right. We take pride in our jobs and play a key role in helping more than 393 million passengers yearly enjoy a safe and secure travel experience. But without health insurance or sick days, we risk losing our jobs every time we are sick or have a family emergency. It doesn’t make sense; America spends billions annually on airport security, yet the very people charged with implementing security measures are paid poverty wages.

The rally at Ronald Reagan Washington National Airport was just one of a series of events this week. We hosted our first ever National Airport Worker Convention, where we developed a national strategy to win $15 and union rights for all airport workers. We then took to Congress to urge our representatives to seek a federal solution to the problems faced by contracted out workers at our nation’s airports. Many pledged their support to our fight, knowing that both, $15 and union rights, will ensure better standards for workers and passengers.

By marching, protesting, and striking at airports across the U.S., already 45,000 airport workers have won wage increases and critical improvements including healthcare and paid sick leave. But there is still so much more to do. And despite all of us coming from different parts of the country and world — the United States, Europe and Australia – we all left the convention committed to one fight and one collective voice.

I am excited to see the positive changes we’re going to bring to airport workers.

This article was originally printed on SEIU in October, 2015.  Reprinted with permission.

Bosses Must Keep Up Dues Checkoff after Contract Expires, Says Labor Board

Friday, October 16th, 2015

in these timesIn a landmark decision called Lincoln Lutheran, the National Labor Relations Board has overruled 53 years of pro-employer precedent. By a 3-2 vote, the Board said that like most other contract terms, dues checkoff must be continued after contract expiration unless the parties agree on a new contract or the employer declares impasse and implements its last best offer.

Dues checkoff must be maintained even if workers are conducting an aggressive inside campaign.

The NLRB ruled in favor of dues checkoff in 2012, but the Supreme Court invalidated the decision, along with many others, when it declared that two Board members had been illegally appointed by President Obama. The matter had to be heard again once new members were properly appointed.

Lincoln Lutheran removes a major impediment to working-without-a-contract campaigns, where the union uses on-the-job actions to pressure an employer for a contract, while avoiding the risks of permanent replacement and decertification associated with a strike.

Under the old rules, an employer could cease transmitting union dues as soon as the contract expired and the union called its first demonstration or informational picket line. The prospect of losing all its income was a strong disincentive for many unions.

The working-without-a-contract strategy is being pursued right now by the Communications Workers and Electrical Workers (IBEW) in their contract fight with Verizon, and by the CWA in its battle with AT&T in the Southeast (see page 12). The Steelworkers are also working without a contract at Arcelor Mittal and U.S. Steel.

With a no-strike clause no longer around its neck, a union that stays on the job after the contract expires can call short-term warning or grievance strikes to throw the employer and its customers off balance. And the union can time a protracted strike for the moment it will be most damaging.

Moreover, no longer constrained by a management-rights clause, the union can demand bargaining on day-to-day decision making, and can file streams of unfair labor practice charges.

What’s ahead

As the Republican dissenters in Lincoln Lutheran ruefully warned, employers are not likely to take this decision lying down. They can be expected to come to future negotiations with artfully designed language insuring that dues checkoff will die with the contract. Sticking to their position, they will include the demand in their final offer, to be implemented after declaring impasse.

Unions will have to find ways to overcome these stratagems—for example, stretching out meetings and filing multiple information requests to prevent the employer from lawfully declaring impasse. Time will tell who will prevail in the long run.

But for now, unions involved in inside campaigns can relish the discomfort employers will undoubtedly experience when sending in their weekly dues checks.

This blog originally appeared on Public Justice on October 14, 2014. Reprinted with permission. 

About the Authors: Robert Schwartz is a union-side labor lawyer and author.

Young Union Member Speaks at Large NYC Rally on Global Goals

Saturday, September 26th, 2015
Jackie TortoraLast night, hundreds of thousands of people gathered in cities all over the world to stand in solidarity around global goals to alleviate poverty, economic inequality and climate change. Even though people were in separate continents, countries and cities, from Australia to South Korea to the United States, they all gathered “Under One Sky” to come together for these common aspirations.

Lorraine Barcant, a member of AFSCME Local 375, AFL-CIO Next Up and the Young Worker Advisory Council, made the following speech at the Under One Sky rally in New York City last night:

Fifteen years ago, when the U.N. Global Development goals were made, a lot of us were just kids. As we grew up, the inequality around us deepened, dividing us, holding us back. We can’t wait another 15 years to fix the inequality and racial injustice that’s ripping this country apart. What will we tell our kids then? That we didn’t organize, that we didn’t demand action from our leaders? That we’ve only made a little bit of progress?

That’s not enough. It’s not enough to have opportunities, if those opportunities belong to only a few. It’s not enough to have jobs, if those jobs don’t provide security or dignity. It’s not enough to have freedom of speech, if your voice can be drowned out by money.

And that’s why the labor movement is here: To bring people together in solidarity, and demand change. The labor movement says loudly that a little bit of progress is not enough, not here in New York, not anywhere in the world.

Tonight, young workers across the globe demand a future where no one is left behind. We can’t wait, we won’t wait, and starting tonight, things are going to change. Thank you.

This blog originally appeared at AFL-CIO on September 25, 2015. Reprinted with permission.

About the Author: Jackie Tortora is the blog editor and social media manager at the AFL-CIO.

Did Jimmy John’s Fire Yet Another Worker for Supporting a Union?

Wednesday, February 11th, 2015

Bruce VailFranchise operators at Jimmy John’s Gourmet Sandwiches in Baltimore are proving true to the national chain’s anti-union reputation with an aggressive counter-attack against local labor organizing, including a decision in late January to fire an outspoken union supporter, say advocates for the Jimmy John’s Workers Union, an affiliate of the radical union Industrial Workers of the World.

Delivery driver Brennan Leister says he was fired Jan. 23 at the Jimmy John’s location in downtown Baltimore’s tourist district. The reason cited by the manager was an infraction of the rules governing clocking out for breaks. But the “real reason,” Leister charges, is that he is an active and vocal union supporter. He says he is likely to file an unfair labor practice complaint with the National Labor Relations Board (NLRB) over the firing, but that he intends to continue to agitate for the union whether he is re-hired or not.

Leister’s dismissal is of a piece with the franchisee’s larger effort to push back against the union campaign, sometimes using tactics that appear to violate labor law, says Issac Dalto, also a Jimmy John’s delivery driver and union supporter. Since going public with their organizing effort last year, Dalto says, the local franchise owners fired another prominent union supporter, distributed anti-union materials in worker paychecks and hired a local anti-union law firm to contest separate unfair labor practice charges filed at the NLRB by the union last August.

Those charges are now tied up in NLRB delays as the franchisees challenge the Board’s subpoena of company employment records, Dalto reports. Appearing on NLRB documents as the representative of Jimmy John’s franchisees Daniel Dorch and Michael Gilette is Kevin McCormick, a lawyer with the firm Whiteford Taylor Preston. The firm’s own website states it handles “union organizational avoidance” for businesses of all kinds.

Three telephone calls to McCormick seeking comment were not returned. Similar e-mail requests were ignored.

The dismissal of Leister prompted a street demonstration on his behalf by union supporters January 31. Held in front of the Jimmy John’s downtown Baltimore location (near to the entrance of the Camden Yards baseball stadium), the demonstration saw about 25 union backers march on an informational picket line as thousands of sports fans streamed by on their way to a “FanFest” celebration for the Baltimore Orioles baseball team. Fans also packed the Jimmy John’s restaurant, as members of the local police department kept a close eye on the demonstrators.

Demanding that Leister be re-hired, the demonstrators also protested the low wages at the sandwich shop. Leister emphasized the point by telling In These Times that he had been hired at a wage $7.25 an hour in June 2013 and had not received an increase until this year, when state minimum wage law mandated an increase. He estimates that income from tips upped his hourly income to about $10 an hour, but that the cost of maintenance and repair of his personal bicycle cancelled most of the additional tip income. Drivers were provided with company-owned bikes when he started at Jimmy John’s in 2013, he says, but the vehicles were taken away and drivers required to supply their own bikes thereafter.

These kinds of wages are typical at the more than 2,000 Jimmy John’s restaurants around the country, Dalto adds, and spurred a highly publicized effort establish a union at for the company’s workers in the Minneapolis-St. Paul area in 2010. The effort was defeated, Dalto says, using the same tactics now being employed by the Baltimore franchisees.

The IWW campaign in Baltimore emerged into public view last year just as the fast food strikes began grabbing national headlines. Although there is no formal connection between the Baltimore organizers and the IWW’s national campaign to organize low-wage service sector workers—which also include a long-running Starbucks organizing campaign—and the Service Employees International Union (SEIU)-led Fight for 15 campaign, both groups have stressed the need to boost the chronic low pay of fast-food workers and to introduce other workplace improvements.

Leister says that his dismissal was an attempt to intimidate other workers who may consider supporting the union: “They want to create a climate of fear. The fast-food industry depends on working mothers and other income workers who can’t afford to lose a paycheck. They want you to fear the management, to fear the boss.”

This article originally appeared in Inthesetimes.com on February 11, 2015. 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.

After Rolling Stone’s UVa. Retraction, Randi Weingarten Shares Personal Story of Sexual Assault

Wednesday, December 17th, 2014

In the wake of Rolling Stone‘s statement that it could not stand by the veracity of its bombshell piece detailing an alleged gang rape at the University of Virginia, anti-sexual assault activists around the country performed a collective facepalm. By failing to properly fact-check the anonymous victim’s account and then walking back the story, the magazine practically invited the slimiest corners of the Right to engage in victim-blaming, slut-shaming and all-around vicious misogyny.

It’s a moment when feminist allies need to speak out on behalf of women’s rights and loudly insist that sexual violence is an epidemic that has to be taken seriously. In the past, however, unions often have not been willing to speak out about sexual assault—even among those that have attempted to carry out a broad progressive agenda, or those with large female memberships.

So it was a welcome surprise to see American Federation of Teachers (AFT) president Randi Weingarten strongly weighing in on the issue Jezebel yesterday, explaining little-covered efforts by her union to fight sexual assault on college campuses—and detailing her own experience with sexual assault:

“It was just after my junior year in college. I had an internship in labor relations at an automobile plant in Warren, Ohio. A New Yorker from birth, I was out of my element. I tried to find community to anchor my summer in Warren. I did what was familiar: I went to shul. One family invited me over for Shabbat dinner. Dutifully and hopefully, I went. They also invited a young man. He was nice enough. So, when this “nice Jewish guy” invited me for dinner, I said, “Sure.”

“A few days later, I went to his apartment. And that’s where it happened. He tried to rape me. I managed to get out after a struggle, but the emotional scarring was deep.”

She goes on to recall how the assault stayed with her for decades, and why she never spoke about it publicly:

“I didn’t report it. I thought it was my fault. I thought I should have known better. I should have been smarter.”

“I carried it with me for years and years. The shame and the fear faded but never erased completely as I graduated from college and law school, then became a lawyer, a teacher and a union leader.”

Weingarten also gives an example of what a labor movement committed to fighting sexual assault can accomplish, saying her union was central to pushing for a strong sexual assault policies at the State University of New York—what one administrator called “the most comprehensive, victim-centered set of sexual assault policies at any college campus or system of higher education in the country.” And today, the AFT launched a petition calling for a national campus sexual assault bill.

In recent years, the AFT has often been a strongly progressive union on social issues, and backing a national sexual assault bill seems to fit in with the AFL-CIO’s recent commitments to be a part of a broader progressive movement that includes the feminist movement. But rarely do such commitments come with public declarations of such deeply personal stories as Weingarten’s. If more union leaders like her can take her lead to speak up about the epidemic of sexual assault around the country, and can commit to pushing for those commitments at the rank-and-file level, it could be greatly strengthen the movement against sexual assault while expanding the purview of the American labor movement.

This blog original appeared in Inthesetimes.com on December 16, 2014. Reprinted with permission. http://inthesetimes.com/working/entry/17463/aft_randi_weingarten_sexual_assault_story

About the author: Micah Uetricht is the web editor of In These Times. He is a contributing editor at Jacobin and the author of Strike for America: Chicago Teachers Against Austerity. He has written for The Nation, Al Jazeera America, Dissent, and the Chicago Reader.

12 Recent Victories for Workers in Raising Wages and Collective Bargaining

Friday, August 22nd, 2014
Kenneth Quinnell

Kenneth Quinnell

While it certainly seems that far-right extremists are waging an all-out war on working families and their rights, workers aren’t just defending themselves; they are fighting to expand their rights and achieving some significant gains. Here are 12 recent victories we should celebrate while continuing to push for even more wins.

1. AFSCME Sets Organizing Goal, Almost Doubles It: AFSCME President Lee Saunders announced that the union has organized more than 90,000 workers this year, nearly doubling its 2014 goal of 50,000.

2. Tennessee Auto Workers to Create New Local Union at VW Plant: Auto workers at Volkswagen’s plant in Chattanooga, Tenn., announced the formation of UAW Local 42, a new local that will give workers an increased voice in the operation of the German carmaker’s U.S. facility. UAW organizers continue to gain momentum, as the union has the support of nearly half of the plant’s 1,500 workers, which would make the union the facility’s exclusive collective bargaining agent.

3. California Casino Workers Organize: Workers at the new Graton Resort & Casino voted to join UNITE HERE Local 2850 of Oakland, providing job security for 600 gambling, maintenance, and food and beverage workers.

4. Virgin America Flight Attendants Vote to Join TWU: Flight attendants at Virgin America voted to join the Transport Workers, citing the success of TWU in bargaining fair contracts for Southwest Airlines flight attendants.

5. Maryland Cab Drivers Join National Taxi Workers Alliance: Cab drivers in Montgomery County, Md., announced their affiliation with the National Taxi Workers Alliance, citing low wages and unethical behavior by employers among their reasons to affiliate with the national union.

6. Retail and Restaurant Workers Win Big, Organize Small: Small groups of workers made big strides as over a dozen employees at a Subway restaurant in Bloomsbury, N.J., voted to join the Retail, Wholesale and Department Store Union. Meanwhile, cosmetics and fragrance workers at a Macy’s store in Massachusetts won an NLRB ruling that will allow them to vote on forming a union.

7. Minnesota Home Care Workers Take Key Step to Organize: Home health care workers in Minnesota presented a petition to state officials that would allow a vote on forming a union for more than 26,000 eligible workers.

8. New York Television Writers-Producers Join Writers Guild: Writers and producers from Original Media, a New York City-based production company, voted to join the Writers Guild of America, East, citing low wages, long work schedules and no health care.

9.  Fast-Food Workers Win in New NLRB Ruling: The National Labor Relations Board ruled that McDonald’s could be held jointly responsible with its franchisees for labor violations and wage disputes. The NLRB ruling makes it easier for workers to organize individual McDonald’s locations, and could result in better pay and conditions for workers.

10. Workers Increasingly Have Access to Paid Sick Leave: Cities such as San Diego and Eugene, Ore., have passed measures mandating paid sick leave, providing workers with needed flexibility and making workplaces safer for all.

11. Student-Athletes See Success, Improved Conditions: College athletic programs are strengthening financial security measures for student-athletes in the wake of organizing efforts by Northwestern University football players. In addition, the future is bright as the majority of incoming college football players support forming a union.

12. San Diego Approves Minimum Wage Hike; Portland, Maine, Starts Process: Even as Congress has failed to raise the minimum wage, municipalities across the country have taken action. San Diego will raise the minimum wage to $11.50 an hour by 2017, and the Portland, Maine, Minimum Wage Advisory Committee will consider an increase that would take effect in 2015.

This blog originally appeared in AFL-CIO America’s Unions on August 20, 2014. Reprinted with permission.

Author’s name is Kenneth Quinnell.  He is a long-time blogger, campaign staffer and political activist.  Before joining the AFL-CIO in 2012, he 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.  His writings have also appeared on Daily Kos, Alternet, the Guardian Online, Media Matters for America, Think Progress, Campaign for America’s Future and elsewhere.

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