Posts tagged condition of employment

    Dallas-Based Danone North America Employee Slams Union with Federal Charges for Illegally Seizing Money from Pay

    July 12, 2023 // Alex Botello, a Dallas-based employee of food manufacturer Danone North America, has hit the United Food and Commercial Workers (UFCW) Local 540 union with federal charges after union officials illegally seized union dues from his paycheck. Botello filed his charges at Region 16 of the National Labor Relations Board (NLRB) in Dallas with free legal aid from the National Right to Work Legal Defense Foundation. Botello’s charge says that UFCW bosses rebuffed or ignored his two attempts to revoke a dues checkoff authorization. Botello maintains that the union’s actions violate his rights under Section 7 of the National Labor Relations Act (NLRA), which is supposed to protect American private sector workers’ right to refrain from union activity.

    Five Years after Janus, Government Unions Are Weaker — and More Desperate

    July 5, 2023 // When SEIU HCII, which operates across four states, is removed from the picture, the overall public-sector-union membership in Illinois has decreased by over 10 percent. These declines are not isolated to a single entity but spread across all public employers, with teachers’ unions such as the Illinois Education Association and Illinois Federation of Teachers losing a combined 9.4 percent of their members or fee-payers. AFSCME Council 31 — the union that represented Janus — has seen an 18.5 percent drop. A significant decrease in union membership is a sign that workers are exercising their Janus freedoms. It also means that $25 million didn’t flow into government-union coffers in 2022. This is a financial blow to a movement that’s accustomed to having huge cash reserves to fund the politicking that gets the union bosses exactly what they want. Such a dramatic shift illustrates how many government workers feel underrepresented by their unions, pushing them to distance themselves from groups now charging more and delivering less. Which points up another consequence of Janus: Government unions are in a fight for their lives. Desperation has made them even more polarizing, extreme, and political — and greedy.

    Five years ago, U.S. Supreme Court strikes down forced public union dues

    July 5, 2023 // Following the Supreme Court ruling, Janus left his job with the state of Illinois to join the Illinois Policy Institute, a free market think tank. The ruling affected union participation around the country. According to the Freedom Foundation, over a quarter of a million workers have left the four largest public unions since the Janus decision, which is a decline of about 10 percent. After the ruling, AFSCME Council 31, the union Janus sued, saw nearly a 20% drop in membership.

    Frank Ricci: Five Years After Janus

    June 30, 2023 // Following the decision and decreased national interest, laws meant to obscure union members’ rights have been adopted. As a result, public sector union management across the country has hesitated to inform employees of their rights, fearing they will receive charges from local labor boards. At the state level, unions have used their political clout to ban captive audience meetings where the employer shares their position on a topic and to bar management even from attending union orientation sessions. This allows the unions to utilize so-called “dark patterns” — techniques that lock members into deliberately deceptive contracts designed to deprive them of their rights.

    Commentary: Public Employees Opt Out of Their Union as Soon as They Know They Can

    June 15, 2023 // To the surprise of no one — including, almost certainly, the unions themselves — the results of the media blitz simply confirmed what the Freedom Foundation has known since even before Janus. When public employees know their rights and have confidence that someone has their back, they opt out.

    The Cyberpicket: A New Frontier for Labor Law

    June 12, 2023 // a cyberpicket would alert potential customers to a labor dispute and put them to the choice of whether to continue transacting with the business. Instead of encountering rows of workers outfitted with signs and pamphlets, however, e-shoppers would come across a notification that materializes at a site’s landing page — the business’s “entrance.” The technology needed to implement a cyberpicket breaks no new ground. In fact, it’s already widely utilized by online businesses for compliance with the European Union’s (EU) “Cookie Law,” which requires that websites give visitors the right to refuse data tracking.14 So-called “consent banners” — now familiar fixtures for netizens across the pond15 — present a tried-and-true template for the cyberpicket. Not only is the cyberpicket a viable alternative to its in-person counterpart, it’s a right owed to employees of online businesses. This Note sharpens the concept of a cyberpicket by expanding on its legal justification, expected benefits, and possible challenges.

    OPINION: Public sector union employees deserve more power over their leadership

    May 15, 2023 // The attempt to alter the Pennsylvania Constitution by passing HB 950 will further diminish the rights of union members in favor of union executives. According to an analysis by the Commonwealth Foundation, government unions have spent more than $190 million on politics in Pennsylvania since 2007. In 2021-2022, government union PACs spent over $20 million in Pennsylvania, including $13.1 million directly to candidates and partisan PACs. More than 99% of the contributions to candidates for statewide office went to Democrats.

    FEDERAL LAWSUIT AIMS TO SAFEGUARD PUBLIC EMPLOYEES’ ACCESS TO TRUTH ABOUT UNIONS

    May 3, 2023 // Prohibiting the Freedom Foundation’s ability to access information about public employee orientation sessions is a violation of the organization’s First Amendment right to free speech. In denying the request, the defendants –LAUSD superintendent Alberto Carvalho, general counsel Navera Reed, and, district litigation research coordinator Rita Gail Turner, cited California code § 3556, a wide-ranging California law signed by then-Gov. Jerry Brown on June 27, 2018. The signing date was no accident: June 27 was the same day the Supreme Court ruled in Janus v. American Federation of State, County and Municipal Employees (AFSCME) that public employees cannot be compelled to join or pay dues to a union as a condition of employment.