Posts tagged federal labor law

    NJ Medieval Times Employees Appeal to National Labor Relations Board in Ongoing Joust with Union Officials

    September 21, 2023 // he Request for Review notes that AGVA union officials were “secretive, self-interested, and divisive,” and “regularly advocated that the [Medieval Times] employees go on strike, something that had no support among the unit employees.” After waiting out the statutory one-year bar on union elections that follows a union’s certification, Morley filed the petition requesting a union decertification vote. According to the Request for Review, instead of processing the petition as NLRB rules dictate, NLRB Region 22 issued a complaint against the employer and dismissed Morley’s petition based on unproven “blocking charges” AGVA union officials filed against Medieval Times management. The Request for Review argues that the hasty dismissal violated NLRB election rules, the Administrative Procedure Act, and well-established NLRB precedent requiring a hearing to demonstrate whether union allegations of employer misconduct actually caused employee discontent with the union. “None of the alleged unfair labor practice allegations…concern the Employees’ collection of the decertification signatures or the Employer’s domination of the Union. Thus…an election should be held and the votes immediately counted,” the Request for Review contends. “Even if the Board determined the allegations warranted consideration under [NLRB rules], its plain terms prohibit dismissing a petition prior to an election.”

    Op-ed: Workers need empowerment, not more Bidenomics failures

    September 7, 2023 // The act would restore the flexibility workers deserve. Finally, the bill protects workers from being forced to undermine their own deeply held beliefs. Unions can spend workers’ dues to support politicians and political causes without expressed approval from each member. The Employee Rights Act requires unions to get workers’ permission before spending their hard-earned money on partisan politics. The American people overwhelmingly support every provision of the Employee Rights Act — including those in union households. They want to unleash workers, not shackle them with the demands of special interests, and they’re looking for leaders who put workers first.

    What You Need To Know About Gen Z’s Support for Unions

    August 10, 2023 // Nevertheless, to sustain a lasting revival of union membership in the United States over the coming years as today’s young workers make up an increasing share of the workforce, it is imperative for lawmakers to pass measures that would help these workers exercise their right to come together in collective bargaining. Congress has a number of measures that it could pass to help workers of all generations form unions without corporate interference, such as the Protecting the Right to Organize Act, which would strengthen workers’ legal organizing protections. Young workers need policymakers who champion their right to speak up on the job.

    Senate Democrats offer resolution to let staff organize

    June 26, 2023 // Sen. Sherrod Brown and 19 of his Senate colleagues introduced a resolution Thursday that would extend legal protections to staffers who unionize. The group of pro-labor Democrats, plus Vermont independent Sen. Bernie Sanders, comes a year after the House adopted a resolution allowing its employees to organize. “Every worker should have a right to organize and have a voice in their workplace — and that is why I have spent my career fighting for the dignity of work,” Brown said in a statement. “With this resolution, we can finally secure the fundamental legal right of U.S. Senate staff to join together as union members to advocate for themselves and have a voice on the job.”

    Conservative Supreme Court hands down a rare pro-union decision

    June 5, 2023 // Unlike appearing before lower courts, lawyers at the Supreme Court not only argue the application of the law, but also “what the law should be” because the justices can overturn precedent. The Ohio decision, he said, is important because it reinforces “the rights of federal-sector unions to exist and to collectively bargain and to work in a civilian capacity.”

    After a year of organizing, staff union leaders look ahead to collective bargaining

    May 11, 2023 // While it’s been months since OCWR certified the first staff union elections, waiting times are normal in collective bargaining. According to a Bloomberg Law analysis, the average CBA takes 465 days to sign after a union election, although a good chunk (47 percent) take less than a year. “What's really interesting about this process is we are inventing the wheel of how negotiating works in Congress,” said Laudick. “Members of Congress are having to learn about what this relationship looks like. And those members, as much as they tout that they're very pro-union and that they are for unions, they've never sat at the negotiating table. They have no clue how this works.” That extends to some of the top-level congressional aides in supervisory positions, who are considered management under federal labor law. “We heard a lot of chiefs of staff asking if they could join [the union] last year,” said Laudick.

    Oakland County Employee Slams Union with Federal Charges Over Illegal Seizure of Dues

    May 4, 2023 // On April 26, Kroger employee Roger Cornett charged UFCW union officials with illegally seizing union dues from his paycheck. According to his charge, Cornett was presented with a “union membership application” form to complete during an employee orientation. The form indicated that signing it would authorize both union membership and dues deductions. Cornett’s charge says the form violates federal labor law because of its “dual purpose” nature, as the law requires any authorization for union dues deductions to be voluntary and separate from a union membership application. Cornett attempted to resign his union membership and revoke his dues deduction authorization around March 8. He successfully resigned his membership, but the union refused to stop deducting dues from Cornett’s paycheck, alleging that Cornett could only exercise his right to stop dues deductions within a tiny “window period” enforced by union officials.

    ‘Right to work’ in spotlight after Michigan tosses law aside

    March 28, 2023 // Liberal opponents of right-to-work laws say they suppress workers by undermining unions. Many progressives cite Martin Luther King, who said, “Wherever these laws have been passed, wages are lower, job opportunities are fewer and there are no civil rights.” A solid body of research shows that states with right-to-work laws are correlated with less pay, worse benefits and more on-the-job injuries. The laws also create what critics often call the “free rider” program, in which certain workers get the advantages of union-negotiated contracts without having to contribute to the union itself. Supporters of Michigan’s right-to-work repeal say it may be difficult to replicate their success elsewhere in the country. Most states with these laws on the books are led by Republicans who support them. Any hopes of a nationwide change are slim given the current makeup of Congress.