Alt-labor and Trump, a Must-Read Boston Globe Article

Will ‘Alt-labor’ continue to find the same success in the political arena under a Trump administration?

That is the question.

Boston Globe published a great article this week entitled, “Alt-labor reorganizes politics in the age of Trump.”

This is a must read for anyone looking to have a better understanding of how the ‘Alt-labor’ movement is not only changing the game in union organizing, but also how this new paradigm is put to work in the political sphere.

 

Labor Relations INK November 2016

In this issue:

Uberization Of Work Election Results and Expectations Refining the Definition of “Employee” UAW Attempting To Make Hay SEIU Watch, Sticky Fingers, Insight, Scoreboard and more…

The bottom of each story contains a link to the individual post on our site.

 

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Labor Relations Insight by Phil Wilson Trump’s Labor Agenda

The labor relations world could not look more different than it did just two weeks ago.

This is my first Insight article since Donald J. Trump shocked everyone (perhaps even himself) and became the 45th President of the United States. If you didn’t get a chance to listen to my post-election webinar last week I gave my first impressions about what to expect in more detail. But here are the highlights.

Union Households Delivered Trump the Presidency

Trump rewrote the election map on his run to the White House. Ironically he did this by tearing

Continue reading Labor Relations INK November 2016

Labor Relations Insight

by Phil Wilson Trump’s Labor Agenda

The labor relations world could not look more different than it did just two weeks ago.

This is my first Insight article since Donald J. Trump shocked everyone (perhaps even himself) and became the 45th President of the United States. If you didn’t get a chance to listen to my post-election webinar last week I gave my first impressions about what to expect in more detail. But here are the highlights.

Union Households Delivered Trump the Presidency

Trump rewrote the election map on his run to the White House. Ironically he did this by tearing down a wall – the “blue wall” states of Michigan, Pennsylvania, Wisconsin, and Ohio. Check out this map:

map

After unions spent millions of dollars and hundreds of

Continue reading Labor Relations Insight

Union Bailout Update

G. Roger King

G. Roger King

Hopefully the nature of this section will change sometime after the first of the year, when a new sheriff arrives in the capital. If you missed our update on what we expect under a Trump administration, you can catch the replay here (the Insight article above hit some of the highlights). A name has already surfaced as being floated for a role either on the NLRB or as board General Counsel – retired attorney G. Roger King.

Staying in character for the present, the NLRB determined that several retail employees who engaged in an in-store protest during work hours were unlawfully disciplined, under the Quietflex Mfg. Co. guidelines. Board member Miscimarra’s dissent challenged the applicability of Quietflex, and

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Uberization Of Work

idg-logoA new style of “representation” is emerging in the gig economy. Uber drivers have expressed frustration over the appeal process for deactivated accounts. Now, with assistance provided by the International Association of Machinists and Aerospace Workers (IAM), the 40,000 Uber drivers in New York City can take their cases to arbitration with a group called the Independent Drivers Guild (IDG), which Uber funds.

The drivers did not vote for the IDG, it doesn’t represent them in collective bargaining, and the drivers pay no dues to the organization. Additionally, the IDG has agreed that it will not attempt to organize Uber drivers while the current agreement is in place (it expires in 2021) nor attempt to get the drivers reclassified as employees (they are independent contractors to Uber).

Uber isn’t out of

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Election Results and Expectations

If you are interested in election prognostications and missed our Fall Labor Update Webinar, you should review it here. For another list of potential impacts to labor professionals, take a look at the details behind this list posted by Fisher & Phillips attorney Jeffrey Mandel. His list includes the following:

Immigration Labor relations Pay equity Data security Supreme Court nominations Employee leave Workplace safety Wage and hour Affirmative action and federal contractor compliance Non-competes and other post-employment restrictive covenants

All four states that had a ballot initiative to raise the minimum wage passed them (Washington, Arizona, Colorado and Maine). Right-to-work met with mixed results, with Alabama enshrining the existing right-to-work statute in their constitution, and Virginia defeating a right-to-work initiative. However, due to Republican election victories at the state level, expect to see additional statewide right-to-work laws proposed for Kentucky, Missouri and New Hampshire.

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Refining The Definition of “Employee”

Brishen Rogers

Brishen Rogers

Pro-union law professor and former SEIU organizer Brishen Rogers has penned a treatise for the American Constitution Society suggesting legislative changes to “expand and clarify” the meaning of the term “employment.” His suggestions include:

Redefine employment per the “suffer or permit” test and specify that the “suffer or permit” test defines employment very broadly; Define workers in certain highly fissured industries as the legal employees of firms who contract with them individually for labor, and/or the joint employees of user firms who obtain their labor through subcontracting or franchising arrangements; Develop concrete guidance for courts to apply in other industries, or direct an expert agency to do the same; and Place the burden of proof on the party seeking to avoid employment status and

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SEIU Watch

People join unions because they want “representation.” The union tells them that when the going gets tough, we’ll be here to fight for you. For your respect. For your working conditions. The list goes on.

But what about when your union doesn’t fight for you? After years of paying dues for representation, that’s exactly what happened to Starla Rollins.

Rollins is a member of SEIU-UHW and served as a Ward Clerk at Dignity Health’s Community Hospital of San Bernardino for over 20 years. In 2012, Dignity Health issued a “reduction in force” and Rollins was laid off.

dignityhealth

Unions are huge on seniority (the people who have been here the longest are the last to get laid off and the first to get promoted, they make the most money, etc.). This system

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Teamster Beat

Teamsters Sec-Treas Ken Hall

Teamsters Sec-Treas Ken Hall

The Teamsters union has a history of corruption. It’s the reason why, until last year, the Independent Review Board overlooked “all” union affairs for more than a quarter-century. Though the decree has been lifted, the union found itself involved in another investigation earlier this year. And that investigation is making everyone think maybe that decree should have stayed in place.

Late last month, a court-appointed independent investigator alleged:

“Secretary-Treasurer Ken Hall, the union’s second in command, withheld e-mails and other documents from review earlier this year. The obstruction was intentional and happened while Hall knew about the investigation of ‘current high ranking Teamsters officers, fund trustees and union employees, including Hall.’”

Between this and so many Teamsters retirees losing

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UAW Attempting To Make Hay

It was hard to ignore the unexpected support union members showed toward Donald Trump throughout the election, but it’s especially hard to ignore now after seeing the exit polls. (For more on this, check out Phil’s Insight article above, or the video of the labor update here.)

Some of the swing states that put Trump over the edge are heavily UAW-represented areas (Wisconsin, Michigan, Ohio, Pennsylvania). Being the opportunists that they are, unions – especially those in manufacturing industries – will attempt to hold Trump to campaign promises related to trade and infrastructure.

UAW President Dennis Williams

UAW President Dennis Williams

One thing UAW President Dennis Williams claims to be excited about concerning President-Elect Trump’s reign in office is his commitment to renegotiate the North American Free Trade Agreement

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