Worker Centers Primed to Test “We’re-Not-Unions” Stance in Court

From today’s Bloomberg Law Online:

An ongoing federal investigation in which regulators believe a Minneapolis nonprofit is a labor union rather than a worker center has created an existential crisis for similar groups across the country.

Some worker centers are changing their tactics to try to avoid government scrutiny. The broader worker center community is preparing for legal action if the Labor Department tries to force the targeted group to comply with federal laws for unions.

The DOL’s two-year probe into the status of Centro de Trabajadores Unidos en Lucha, known as CTUL, led the department’s Office of Labor-Management Standards to determine it “has reason to believe” the group is a labor organization under a 1959 law meant to curb organized labor corruption by ensuring union transparency and democracy.

CTUL and other organizations have grown in influence in recent decades as an alternative to unions in providing low-income, vulnerable workers with training and other tools to improve workplace conditions. CTUL has successfully pressured Target Corp. and other retailers to contract with unionized janitors, part of a trend of company-focused actions that prompted the business community and political conservatives to increase pressure on the Labor Department to review certain worker centers’ operations. Critics believe some worker centers are essentially union fronts.

The stakes are extremely high for CTUL—and, by extension, all worker centers—because federal enforcement of a final determination that the group is a union would subject CTUL to onerous financial reporting and internal governance requirements. Labor organizers and attorneys at worker centers contend the groups are exempt from union-specific disclosure law because they don’t bargain directly with employers. For the business community and Republican lawmakers, the DOL probe represents a breakthrough in a decades-long push for the department to classify certain worker centers as unions.

“I would absolutely say that if the DOL moves ahead with it, the worker center movement is going to push back,” said the National Employment Law Project’s Charlotte Noss, who coordinates legal strategy for worker centers nationwide. She noted that DOL and the National Labor Relations Board have previously held that worker centers aren’t unions. “Any attempts by the DOL to exert coverage would be challenged in court,” she added.

Read the complete article here.

Major union launches campaign to organize video game and tech workers

From today’s Los Angeles Times:

The last two years have witnessed a wave of walkouts, petitions and other workplace actions at video game and tech companies.

But despite this swell in labor activism, employees at no major video game studios and only a handful of tech offices have formally voted to form or join a union.

A new campaign launched Tuesday by one of the nation’s largest labor unions — and spearheaded by one of the leading video game industry activists in Southern California — aims to change that.

The Campaign to Organize Digital Employees (CODE for short) is a new project of the Communications Workers of America aimed specifically at unionizing video game and tech companies.

It grew out of conversations between the CWA and Game Workers Unite, a grass-roots organization that sprang up in 2018 to push for wall-to-wall unionization of the $43-billion video game industry, alongside conversations with organizers across the larger tech industry.

Separate from the new initiative, the Toronto chapter of GWU has also signed a formal partnership agreement with CWA to work on organizing in the area. (CWA is also the parent union of the NewsGuild, which represents workers at the L.A. Times and most major newspapers in the country.)

Read the complete article here.

Airline catering workers plan protests at major US airports on Thanksgiving week

From today’s CNBC News Online:

Hundreds of airline catering workers are protesting this week at some of the largest U.S. airports to demand higher wages and better benefits during what’s expected to be a record Thanksgiving travel period.

Some of those workers, who prepare and deliver meals to airlines and are represented by the Unite Here labor union, are planning to block airport roads or stage sit-ins around ticket counters and pre-security areas on Tuesday at airports including those serving New York, Los Angeles, San Francisco, Miami and Philadelphia.

Others plan to picket and hand out pamphlets about their demands, according to the union, which represents more than 20,000 airline catering workers. Airlines for America, a trade group, expects a record 31.6 million travelers to fly on U.S. airlines during the 12 days around Thanksgiving, up nearly 4% from last year.

The protests are the latest demonstrations by emboldened workers who are demanding a bigger share of corporate profits, which have surged since the last recession more than a decade ago. Airline workers have been particularly visible this year after airlines reported disruptions they said were due to workers trying to gain leverage in contract talks. President Donald Trump signed a bill ending the longest-ever government shutdown in January, hours after a shortage of air traffic controllers disrupted flights.

Read the complete article here.

As L.A. ports automate, some workers are cheering on the robots

From today’s Los Angeles Times:

Day after day, Walter Diaz, an immigrant truck driver from El Salvador, steers his 18-wheeler toward the giant ports of Los Angeles and Long Beach. Will it take him half an hour to pick up his cargo? Or will it be as long as seven hours? He never knows.

Diaz is paid by the load, so he applauds the arrival of more waterfront robots, which promise to speed turnaround times at a port complex that handles about a third of the nation’s imported goods.

“I’m for automation,” Diaz says. “One hundred percent. One hundred percent.”

But what about the thousands of International Longshore and Warehouse Union workers who have mounted massive protests, saying the robots will replace human jobs? The ILWU members, who transfer cargo from ships to trucks and direct terminal traffic, “don’t care about the drivers,” said Diaz, 41, who has serviced the ports for two decades. “Never. We sit in line while they take two-hour breaks. With automation, we don’t have that problem.”

The arrival of robots at the nation’s largest marine terminal, a 484-acre facility run by Danish conglomerate A.P. Moller-Maersk, is exposing a stark economic divide between two sets of Southern California workers.

Read the complete article here.

Early UAW votes on ending the GM strike are a mixed bag

From today’s CNN Online:

Nearly 50,000 General Motors employees are in the process of voting on a tentative labor deal that could end their five-week strike. The early results are mixed.

The Warren Technical center, in Warren, Michigan, which is made up mostly of engineers, voted 85% in favor of the deal. It also passed easily at a metal stamping plant in Saginaw, Michigan, and a transmission plant in Toledo, Ohio.

But at the enormous assembly plant in Spring Hill, Tennessee, which has almost as many UAW members as Warren, Saginaw and Toledo combined, members voted narrowly against the deal by a 51% to 49% margin. That factory builds three different SUVs, including the GMC Acadia, and the Cadillac XT5 and XT6.

Union locals across the country are voting on different days. They will remain on the picket lines while the vote is completed. The nationwide results are expected to be announced Friday evening.

The tentative deal reached last week would pay members an $11,000 signing bonus and raise hourly pay for veteran workers 6% over the life of the contract, to $32.32. And many workers who have been getting by on $275 a week in strike benefits are eager to get back to work earning more than $30 an hour.

The deal also will allow many temporary workers to become permanent employees, which will significantly improve their pay and benefits. And the union got GM to drop its demand that workers pay a much greater percentage of their own health care costs.

But union members are angry at GM’s management, because the deal would lead to the closure of three US plants: an assembly line in Lordstown, Ohio, and transmission plants in Warren, Michigan, and Baltimore.

Although GM has found other jobs for most of the employees who were working the plants when production ended earlier this year, most of the workers had to relocate. Those displaced workers, and some of those who lost their jobs and have not taken new ones, will get a chance to vote on whether to accept this deal.

Read the complete article here.

Chicago Teachers Go On Strike, Capping Years Of Social Justice Activism

From today’s NPR News Online:

For the second time in seven years, Chicago Public Schools teachers will be on strike starting Thursday, walking out of class, they say, in the name of better schools.

Gathered on the stage of the union hall on Wednesday, the Chicago Teachers Union said its delegates were in full support of moving forward with a strike. Delegates had already authorized the walkout and set a date so it would have taken a reversal to cancel the strike.

“We have not achieved what we need to bring justice and high quality schools to the children and teachers of Chicago,” said CTU President Jesse Sharkey. “We need to have the tools we need to do the job at our schools. We need pay and benefits that will give us dignity and respect. We are on strike until we can do better.”

Altogether, more than 30,000 workers will be on the picket lines. This includes 7,500 teacher aides, custodians and security guards who members of SEIU Local 73. SEIU said Wednesday evening it had rejected CPS’ contract offer and planned to strike on Thursday along with CTU.

Officials say schools will be open, with principals and other administrators supervising any children that need a place to go. They also are telling parents they can bring their children to libraries and some community organizations.

Some 300,000 students who attend district-run schools will be impacted. Another 62,000 students who attend charter and contract schools run by private organizations will not be affected.

Read the complete article here.

After 30 days on strike, GM-UAW talks suddenly face a deadline

From today’s Detroit Free Press:

The clock is ticking for General Motors executives to reach a proposed tentative agreement with the UAW, people close to the talks said Tuesday.

The union’s move to summon its National GM Council to Detroit for a meeting Thursday morning was a pressure tactic to prompt GM leaders to reach a deal acceptable to the UAW, said three people familiar with the talks.

Talks continued Tuesday, with GM CEO Mary Barra and President Mark Reuss joining UAW President Gary Jones at the “main table” with the UAW’s lead negotiator in the talks, Terry Dittes.

That was widely seen as moving the talks toward their final phase, but no agreement had been reached Tuesday afternoon. Also present were the bargaining committee members for both sides. A person close to the talks said Barra and Reuss did not stay for discussions through the afternoon.

“Mary’s got two days to come up with a contract, then the National Council meets to decide what to do next,” said a person briefed on the negotiations late Tuesday.

For such heavyweights to show up to the main table indicates a proposed deal is likely close at hand, likely to happen late Wednesday or in the early morning hours Thursday prior to the National Council’s meeting, said one person who had been briefed on the talks.

“If they don’t have a deal, they will give us an update and let us know what the protocol is at that point,” said a UAW local leader who asked to not be named. “Product allocation is an issue GM has come late to the table on.” 

Read the complete article here.

Worker rights are shaping up a key issue in 2020. Who has the best ideas?

From today’s New York Magazine:

Never before have I seen Democratic candidates do so much to woo workers and win over union leaders. Elizabeth Warren kicked off her campaign at the site of the famous 1912 Bread and Roses textile strike in Lawrence, Massachusetts. Julián Castro marched in Durham, North Carolina, with fast-food workers demanding a $15 wage, while Pete Buttigieg spoke outside Uber headquarters in San Francisco alongside drivers demanding to be considered employees. Joe Biden held his first official campaign event at a Teamsters union hall in Pittsburgh. Kamala Harris has called for a raise averaging $13,500 for the nation’s schoolteachers, while Bernie Sanders has bolstered labor’s cause by using his email lists to urge supporters to join union picket lines.

Why all this sudden attention and affection for workers and unions — far more than I’ve ever seen during my nearly 25 years of writing about labor? Part of it is that this year’s Democratic candidates are doing what any smart politician would do when the field is so large — court one of the party’s largest constituencies, i.e., unions and their members. Part of it is that the candidates see that something is seriously broken in our economy: that income inequality, corporate profits, and the stock market have all been soaring while wages have largely stagnated for decades. Also, Democrats realize that a big reason Hillary Clinton lost in 2016 was that she didn’t show enough love to labor. The field seems to recognize that if a Democrat is going to win the presidency in 2020, the surest route is to win back the three longtime union strongholds — Michigan, Pennsylvania and Wisconsin — that were key to Donald Trump’s victory. So the candidates have loosed a flood of pro-worker ideas, not just to make it easier to unionize, but to extend paid sick days and family leave to all workers, provide protections to pregnant workers, and safeguard LGBTQ+ Americans from discrimination on the job.

Four of them — Bernie Sanders, Beto O’Rouke, Pete Buttigieg, and Cory Booker — have put forward remarkably detailed platforms of pro-worker and pro-union proposals, while Elizabeth Warren’s elaborate plan on trade goes far beyond what many union leaders have called for. Andrew Yang says his universal basic income will be a boon for workers, providing a lifeline to those who lose their jobs because of artificial intelligence and robots. Biden has been vague so far on labor matters, calling himself a union man and saying he supports a $15 minimum. Booker has introduced a fairly radical bill, the Worker Dividend Act, which would require corporations that do stock buybacks to pay out to their employees a sizable chunk of the money going to the buyback.

Considering how many candidates there are and how many proposals and speeches they’ve made, it’s hard to keep track of who stands for what — and which plans are substantively the most pro-labor. Below, I give grades to the Democratic front-runners, based not just on the positions they’ve espoused during the campaign, but also on their track records. (Some candidates seem to have discovered the cause of workers only after announcing that they were running for the presidency.)

Read the complete article here.

5 questions about labor strikes that you were too embarrassed to ask

From today’s Vox News Online:

Nearly 1,000 Amazon employees are walking out of work. More than 45,000 GM auto workers are on strike for the fifth day in a row. In October, about 80,000 Kaiser Permanente employees are set to go on strike.

The wave of labor unrest has become a defining feature of the economy since the 2008 Great Recession. In 2018, a record number of employees went on strike: School teachers, hotel workers, health care workers — even Google employees. Most of them were angry about stagnant wages and proposed benefits cuts, but some were just frustrated with company policies.

But all the walkouts have raised the question of what, exactly, counts as a strike and what are the consequences? Is it the same as a walkout? Is it even legal?

I spoke to four labor lawyers across the country to get a better understanding of what legal rights workers have to throw up their hands and walk off the job — and what right a company has to respond.

One law professor pointed out that a walkout to protest government inaction climate change, for example, is not protected under federal labor law because it’s not related to an employee’s working conditions. But if workers walk out because they believe their employer (like, say, Amazon) isn’t doing enough to make the company sustainable, then that would likely be a protected work stoppage.

“If everyone walks out or calls in sick, it’s still a strike,” Kenneth Dau-Schmidt, an employment law professor at Indiana University Bloomington, said to me. Whether or not the law protects workers from getting fired depends on the context.

Read the complete article here.

Experts warn GM strike not likely to be resolved anytime soon

From NBC News Online:

On this General Motors and the United Auto Workers agree — the strike that sent 50,000 workers out on the picket lines Monday is not likely to be over anytime soon.

Both sides are talking, but both sides are bracing for a long and costly fight as workers dig in on their fight for better wages, health care benefits and job security, union representatives and auto industry experts said.

“It will go on as long as it’s going to take to achieve our bargaining goals,” Chuck Browning, the UAW’s Region 1A Director, told MSNBC. “The bottom line is this company has been extremely profitable for a long period of time. Those profits have been made off the sweat and the hard work of our members, and our members want a fair agreement.”

Erik Gordon, a business professor at the University of Michigan and an auto industry maven, said the leadership of the UAW needs to take a stand against GM not just for the rank and file — but for its own survival.

UAW President Gary Jones and other top union officials are currently under investigation by federal authorities for allegedly embezzling member dues and blowing thousands of dollars on everything from fancy vacations and golf equipment to $400 bottles of Louis Roederer Cristal Champagne.

“I think the union leadership wanted a strike because they’re under attack, and when you feel like you could be losing your grip on power the age-old tactic is to go to war,” Gordon said.

And because they need to be seen as taking a hard line against GM management, union negotiators won’t seek a swift solution even though rank-and-file workers will start feeling the financial pain almost immediately.

Read the complete article here.