Posts tagged decertification
Will Starbucks’ union-busting stifle a union rebirth in the US?
August 28, 2023 // Many baristas say one Starbucks strategy in particular has discouraged workers from unionizing. In May 2022, Schultz announced that Starbucks would give certain raises and benefits to workers at its more than 9,000 non-union stores, but not offer those raises and benefits to its unionized workers. Starbucks insists it would be illegal to impose any raises or benefits on its unionized stores without first negotiating about them, but the NLRB’s general counsel asserts that this policy constitutes unlawful discrimination against Starbucks’ unionized workers. Under this policy, Starbucks has given its non-union workers, but not its unionized ones, a more relaxed dress code, increased training, faster sick leave accrual and, most important, credit card tipping. (Workers at the first few Starbucks stores to unionize had asked early on for credit card tipping.)
NEW UNIONS, NEW TENSIONS: THE COMPLEXITIES OF UNION DECERTIFICATION
August 15, 2023 // Whether these early decertification attempts will gain momentum or fizzle out remains to be seen. Many of the petitions, especially those filed by Starbucks partners, could be blocked by the NLRB due to the high number of ULPs filed by the SBWU union. However, the petitions have generated a lot of publicity indicative of a stirring debate on relevance within newly organized workplaces where little progress has been made in collective bargaining. For now, the prominent backlash from major unions signals they are gearing up to defend their turf aggressively. But if more workers come forward, this could suggest deeper divisions emerging that unions must address.
It’s Official: Oregon Masami Foods Workers’ Vote to Oust UFCW Union Officials is Certified
August 4, 2023 // Despite union legal tactics delaying the certification of an NLRB decertification election, Masami Foods workers are free of unwanted union The case is an example of how the NLRB’s union decertification process is prone to union boss-created roadblocks. Foundation-backed reforms the NLRB adopted in 2020 made it somewhat easier for workers to remove unwanted union officials. However, the Biden NLRB is attempting to roll back these protections and make it much harder to decertify a union. For example, the 2020 reforms blocked union officials from resubmitting overlapping charges, which often contain unverified and unrelated allegations of employer actions and delay the process further. Had these reforms not been in place, the three-month delay for these workers could have been extended much longer, possibly effectively indefinitely.
Florida unions scramble to avoid recertification
July 17, 2023 // “Florida’s recertification requirement doesn’t automatically remove unions—it makes them stand for re-election,” said AFFT Special Counsel David Osborne. “It’s only fair that public employees should get to vote on who represents them, and democracy would force union officials to reassess their model and prove their value to public employees,” he said. Overall, it is estimated that only 23 out of 65 total teachers unions in Florida passed the 60% threshold in 2022, while the rest varied from as low as 36% to 59%.
Overwhelming Majority of Union Kitchen Workers File Petition Seeking to Remove UFCW Union
July 17, 2023 // Silva and her coworkers’ effort comes amid union boss-ordered pickets and boycotts against Union Kitchen Grocery locations, which have inflamed tensions among workers and raised questions about union officials’ motives. In some instances, reportedly union picketers have endangered workers by blocking exits, requiring the intervention of police. “The vast majority of the workers at Union Kitchen are sick and tired of the UFCW’s picketing, harassment of employees, and constant disruptions of our day-to-day work life,” Silva said. “If the union cares at all about what we want, they will respect our wishes and immediately disclaim their interest in representing workers who have overwhelmingly rejected them.”
COMMENTARY: Biden vs. workers’ right to vote out unions
June 28, 2023 // Despite the recent outrageous FLRA ruling, the National Right to Work Legal Defense Foundation attorneys who have been providing free legal assistance to Blue Ridge Parkway employees seeking a vote to decertify AFGE bosses, currently led by petitioner Lauren Labrie, are optimistic a vote will happen soon anyway. But regardless of the outcome, this battle exposes the depth of the Biden administration’s contempt for employees’ right to make a free choice about whether or not they want a union.
Majority of Miami XPO Logistics Employees Vote to Oust Teamsters Union
June 27, 2023 // Martin Garcia and his coworkers at XPO Logistics’ Hialeah, FL, location have voted to remove Teamsters Local 769 union officials from their workplace. Garcia and his colleagues received free legal assistance in their effort from National Right to Work Legal Defense Foundation staff attorneys.
BACKGROUNDER: Employee Rights Act
June 26, 2023 // Sponsored by Rick Allen (R-GA) The Employee Rights Act of 2025 safeguards and strengthens the rights of American workers. It guarantees workers’ right to a secret ballot election, ensures they can work directly with their employer if they opt-out of union membership, protects worker privacy, allows workers to choose to fund union politics or not, provides legal clarity for small business owners and independent contractors, and guarantees fair representation for all American workers.
San Diego Gompers Preparatory Academy Charter School Educators Vote Out SDEA Union
June 21, 2023 // Even worse, shortly after the PERB’s ruling halting the original decertification effort, Chiscano and another Gompers educator filed charges maintaining that SDEA agents targeted them on social media for opposing the union hierarchy. California law makes it illegal for union officials to intimidate or retaliate against employees who exercise their right to refrain from union membership. Union boss-aligned state legislators even chimed in to pressure Gompers management to give in to union demands. In a letter to Gompers management, then-Assemblywoman Lorena Gonzalez (now an AFL-CIO president) attacked the National Right to Work Foundation for simply providing legal aid to Gompers educators as they sought to exercise their right to hold a decertification election. Gonzalez was best known during her tenure for authoring AB5, a California law that drastically reduced opportunities for freelance workers and independent contractors across the state.