PSLabor News

PSLabor News

New data from the U.S. Bureau of Labor Statistics shows that the share of Southern workers belonging to unions barely declined from 2017 to 2018, while the number of employees in the South represented by a union was unchanged. Read Story
The following article is from the National Right to Work Legal Defense Foundation’s bi-monthly Foundation Action Newsletter, January/February 2019 edition. To view other editions or to sign up for a free subscription, click here. Homecare providers challenge mandatory union ‘representation’ as First Amendment violation SEIU bosses force Teri Bierman (pictured with her family) to affiliate with the union as a condition of caring for her own daughter in her own home. WASHINGTON, D.C. – With free legal representation provided by National Right to Work Foundation staff attorneys, a group of homecare providers seeking to care for their sons and daughters without union boss interference have taken their case to the U.S. Supreme Court. The providers’ lawsuit, Bierman v. Dayton, challenges a Minnesota scheme that forces thousands of providers under the exclusive monopoly “representation” of Service Employees International Union (SEIU) officials. Bierman follows on the heels of Janus v. AFSCME, argued and won at the Supreme Court by Foundation staff attorneys. In Janus, the Court declared forced union fees for public sector employees to violate the First Amendment and opened the door to further cases seeking to uphold workers’ right of freedom of speech and freedom of association. Suit: Monopoly Bargaining Violates Freedom of Association Teri Bierman and the seven other petitioners provide homecare services to their sons and daughters and receive state Medicaid assistance to help pay for the care. After Minnesota declared homecare providers to be “state employees” solely for unionization purposes, SEIU Healthcare Minnesota officials moved to put all under the “exclusive representation” of union officials. Once granted, “exclusive representation” made union officials the state-designated representative of all providers, even those opposed to unionization and who would prefer to represent themselves or be represented by a different organization. SEIU officials notified the state that, if the union was certified, it would not force non-members to pay union fees, which the U.S. Supreme Court held to be unconstitutional for homecare providers in the Foundation-won Harris v. Quinn decision in 2014. Union officials would still, however, have the power to act as homecare providers’ sole “representative” in lobbying the state. Concerned that the impending vote could empower union bosses to interfere with their care for their children, the group of nine homecare providers came to Foundation staff attorneys to challenge the encroachment on their First Amendment rights. In August 2014, SEIU officials won a sham mail-in election in which just 13 percent of the nearly 27,000 care providers voted in favor of SEIU affiliation. Consequently, even though seven out of eight providers didn’t vote for unionization, SEIU officials are now empowered to deal with the State for all care providers. “The sparse vote only adds insult to injury for these homecare providers opposed to union affiliation,” said National Right to Work Foundation Vice President and Legal Director Ray LaJeunesse. “It’s wrong, and contrary to the principle of freedom of association, to force them to affiliate with and accept the so-called representation of a private organization they oppose.” The homecare providers continue to challenge the forced union “representation.” Their legal odyssey has so far taken four and a half years, and is now at the steps of the Supreme Court. In December, Foundation staff attorneys filed a petition for certiorari with the High Court, asking it to hear the case. Janus Victory Opens Door for Further First Amendment Protections By asking the Court to declare it a First Amendment violation to force homecare providers to submit to union officials’ sole power to speak for them to the state, Foundation staff attorneys seek to build on the Janus victory in June 2018. In Janus, Justice Samuel Alito wrote in his opinion for the Court: “Designating a union as the employees’ exclusive representative substantially restricts the rights of individual employees.” Foundation staff attorneys are litigating another challenge to union officials’ monopoly bargaining privileges in Mentele v. Inslee, brought by Washington homecare providers. Mentele was argued at the Ninth Circuit U.S. Court of Appeals in December. “Forcing folks who care for their relatives into forced union representation is a slap in the face of fundamental American principles we hold dear,” continued LaJeunesse. “If the Supreme Court agrees to hear Bierman, these homecare providers will be one step closer toward vindicating their rights and establishing First Amendment protections for thousands of other individuals.” Read Story
President Omar al-Bashir says he will not leave office except through polls slated for 2020 - Anadolu Agency... Read Story
Rather than encouraging collective bargaining and protecting workers’ freedom of association, the new leadership is making radical changes to Board policies, paving the way for corporate interests to dismantle unions. Read Story
John Ring, NLRB Chairman, has sent a five-page letter to several members of Congress in response to their request for the NLRB to withdraw its Notice of Proposed Rulemaking on the... Read Story
SEOUL -- Hyundai Motor inked an investment deal Thursday with the South Korean city of Gwangju to build a low-cost assembly plant where workers will b... Read Story
The United Steelworkers union (USW) and Shell Oil Co agreed on Thursday to a pac... Read Story
TORONTO — A union representing Ontario couriers delivering packages for Amazon.com Inc. are alleging the e-commerce giant engaged in unfair labour practices that resulted in the termination of employees, the closure of one courier company’s Mississauga operations and the bankruptcy of another. Read Story
“It’s a cold day in New York,” Stuart Applebaum told a crowd of shivering protesters that included members of Make the Road, the Tech Workers Coalition, the Democratic Socialists of America, Desis Rising Up and Moving, and the group he presides over, the Retail Wholesale and Department Store Union,... Read Story
The temporary head of a North Side art museum will be laser-focused on an overarching goal when she starts next month. Hayley Haldeman, newly tapped interim director of the museum in Pittsburgh's North Side, will work to prove to employees as well as the public that the Mattress Factory art ... Read Story
If you haven't already asked yourself what set of factors do I use to determine if my workers are employees or independent contractors? You should! Read Story
Covering recent teachers’ strikes, including the latest showdown, in Los Angeles, has brought into relief a shift in the conversation. Read Story
The data was compiled and presented as part of the argument from the International Franchise Association that a stricter, more precise... Read Story
A new decision from the National Labor Relations Board (NLRB) is seen as friendly to organizations using a business model that relies on independent contractors and provides considerable clarity on the NLRB’s thinking on this complex issue. Read Story
Sponsors of a bill that has passed the House, and that now moves to the Senate, to pay a retroactive 2019 raise of 2.6 percent say the boost would be something of a make-up gesture to federal employees in the wake of the partial shutdown and other recent difficulties. Read Story
The Los Angeles school board voted on Tuesday to ask state lawmakers for a moratorium on new charter schools in the area, as demanded by a union for more than 30,000 teachers in a six-day strike that ended last week. Read Story
More than 30,000 nurses and midwives around the country are taking part in a 24-hour protest in a dispute over pay and staff shortages. Read Story
This past November, 20,000 Google employees staged global, rolling walkouts protesting gender and racial discrimination at the company. Read Story
Information available at www.lufthansa.com "Verdi escalated through a disproportional series of strikes" The trade union Verdi has called for a... Read Story
The National Labor Relations Board announced Friday it overturned a board decision from 2014 on who qualifies as independent contractors. The decision came in a case involving a union effort to organize drivers at the Dallas affiliate of SuperShuttle — a firm that organizes vans that provide rides... Read Story
Ryanair’s Spanish cabin crew have agreed to be represented by the SITCPLA and USO unions, allowing negotiations to begin toward a new collective labor agreement (CLA) with the Irish LCC. Read Story
Audi workers in Hungary won an 18 percent wage increase, ending a strike that paralyzed the automaker's plant in Gyor and hit production at the automaker's home plant in Germany. Read Story
TORONTO — A union representing Ontario couriers delivering packages for Amazon.com Inc.are alleging the e-commerce giant engaged in unfair labour practice... Read Story
Baby wipes, Q-Tips, bottled water and expensive dinners were all part of an elaborate embezzlement scheme by powerful electricians union leader John "Johnny Doc" Dougherty and Philadelphia Councilman Bobby... Read Story
Some workers will benefit from higher penalty rates and longer minimum shifts times under the award. Read Story
Workers at the Hungarian plant of German luxury carmaker Audi went back to work Wednesday, ending a week-long walkout after reaching a wage deal with management, the company said. Read Story
With the U.S. government shutdown over, Lila Johnson returns to work on Friday c... Read Story
"...supports a more reliable joint-employer standard with clear definitions that employers can rely on."... Read Story
Two New York labor unions are joining the opposition movement to Amazon’s planned 25,000-person office in Queens. Read Story
Federal labor board updates guidance to better favor independent contractor status The National Labor Relations Board has issued a new standard in determining... Read Story
What is the test for independent contractor vs employee under the NLRA? Read Story
They're concerned about the Ford government's cuts to various programs and the privatization of healthcare... Read Story
The Audi Hungaria Independent Trade Union (AHFSZ) on Wednesday called a week-long strike over wages starting from 6 a.m. on Thursday, following on from a warning strike last week, state news wire MTI reported. Read Story
Dozens of Western New York union members rallied Saturday at New Era Field in Orchard Park to show solidarity with the employees of New Era’s Derby production facility, which the company is slated to close in March. Read Story