Labor-Friendly Legislation the Topic at Chicago Local 1487

Labor-Friendly Legislation the Topic at Chicago Local 1487

Oct 12, 2022 | Front Page, MNPL, Page Five, Page Four, Page Three, Page Two, Perusals, Row 2, Uncategorized

The Machinists Non-Partisan Political League fights for Pro-Union legislation within the airline industry. To find out how you can help with this critical work, please CLICK HERE >>

Labor-Friendly Legislation the Topic at Chicago Local 1487

MNPL
12 October 2022

On Tuesday, October 11, the Machinists Non-Partisan Political League (MNPL) gathered at the local lodge to learn and discuss how politics influences the workplace and what front-line union members can do to influence these policies.

The topics included a history of some early events in US Rail labor history that led to the creation of the Railway Labor Act in 1926, how the Railway Labor Act applies to the airline industry, and questions frequently asked by members, such as “How do these negotiations work?” “How do we choose which politicians and policies we support?” and dispelling common myths. This event was part of MNPL’s continuing effort to educate members on issues impacting our jobs and families. MNPL is an affiliate of the International Association of Machinists & Aerospace Workers (IAMAW), AFL-CIO.

“It is important for us to understand how policies can affect us in the workplace by helping and hurting our membership,” said Richard Jakubowski, Local 1487 Legislative Committee Chairperson, who led the discussion. “This event and future events like it aim to ensure the members are informed about what their representatives are doing.”

Following a presentation by Jakubowski, members participated in an open floor discussion. Members could ask and answer each other’s questions and comment on various topics. Union members focused on issues including the voting record of elected representatives across the state to ensure the passage of legislation like the PRO Act, the Global Aircraft Maintenance Safety Act, the Protection from Abusive Passengers Act, and the looming midterm elections next month. Attendees also had conversations about the effect the Supreme Court has historically had on Labor and pending cases that can affect workers’ lives across Illinois and the country.

Focusing on Illinois, members discussed the confusion around the referendum vote on Amendment 1, which has been called the Workers’ Rights Amendment. Confusion surrounding this pro-worker amendment which would enshrine the right to organize and collectively bargain into the state constitution, comes from the similarity of its name to Right to Work laws found in surrounding anti-worker states. The members asked great questions regarding the information being put out by supporters and opponents of the amendment.

“…A couple of things, like strikes, past law, and other rights I didn’t have an understanding of… I have a better understanding of those key subjects.” said Dakota Harrison, a shop steward for the ramp. Nick Stanfa, another shop steward on the ramp, added, “It was informative, and tied past and modern politics to the contract and work regulations, and on how the local, federal, and judicial systems of government can affect our contract going forward.” All attendees expressed excitement to bring this information back to the ready rooms and look forward to future events like this covering more topics important to the membership.

The Machinists Non-Partisan Political League supports members of any political party willing to side with the union on issues critical to working people. The work of the League is funded entirely through voluntary donations from union members. To learn more, please visit IAM141.org/advocacy.

Top: Attendees listen to a talk by Richard Jakubowski, Local 1487 Legislative Committee Chairperson. Bottom: Jakubowski guiding a discussion about the legislative interests of airline workers. Photo Credit: Daniel Rocano.

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Labor-Friendly Legislation the Topic at Chicago Local 1487

12 October, 2022

On Tuesday, October 11, the Machinists Non-Partisan Political League (MNPL) gathered at the local lodge to learn and discuss how politics influences the workplace and what front-line union members can do to influence these policies.

On Tuesday, October 11, the Machinists Non-Partisan Political League (MNPL) gathered at the local lodge to learn and discuss how politics influences the workplace and what front-line union members can do to influence these policies.

The topics included a history of some early events in US Rail labor history that led to the creation of the Railway Labor Act in 1926, how the Railway Labor Act applies to the airline industry, and questions frequently asked by members, such as “How do these negotiations work?” “How do we choose which politicians and policies we support?” and dispelling common myths. This event was part of MNPL’s continuing effort to educate members on issues impacting our jobs and families. MNPL is an affiliate of the International Association of Machinists & Aerospace Workers (IAMAW), AFL-CIO.

“It is important for us to understand how policies can affect us in the workplace by helping and hurting our membership,” said Richard Jakubowski, Local 1487 Legislative Committee Chairperson, who led the discussion. “This event and future events like it aim to ensure the members are informed about what their representatives are doing.”

Following a presentation by Jakubowski, members participated in an open floor discussion. Members could ask and answer each other’s questions and comment on various topics. Union members focused on issues including the voting record of elected representatives across the state to ensure the passage of legislation like the PRO Act, the Global Aircraft Maintenance Safety Act, the Protection from Abusive Passengers Act, and the looming midterm elections next month. Attendees also had conversations about the effect the Supreme Court has historically had on Labor and pending cases that can affect workers’ lives across Illinois and the country.

Focusing on Illinois, members discussed the confusion around the referendum vote on Amendment 1, which has been called the Workers’ Rights Amendment. Confusion surrounding this pro-worker amendment which would enshrine the right to organize and collectively bargain into the state constitution, comes from the similarity of its name to Right to Work laws found in surrounding anti-worker states. The members asked great questions regarding the information being put out by supporters and opponents of the amendment.

“…A couple of things, like strikes, past law, and other rights I didn’t have an understanding of… I have a better understanding of those key subjects.” said Dakota Harrison, a shop steward for the ramp. Nick Stanfa, another shop steward on the ramp, added, “It was informative, and tied past and modern politics to the contract and work regulations, and on how the local, federal, and judicial systems of government can affect our contract going forward.” All attendees expressed excitement to bring this information back to the ready rooms and look forward to future events like this covering more topics important to the membership.

The Machinists Non-Partisan Political League supports members of any political party willing to side with the union on issues critical to working people. The work of the League is funded entirely through voluntary donations from union members. To learn more, please visit IAM141.org/advocacy.

Top: Attendees listen to a talk by Richard Jakubowski, Local 1487 Legislative Committee Chairperson. Bottom: Jakubowski guiding a discussion about the legislative interests of airline workers. Photo Credit: Daniel Rocano.

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JetBlue Election Update – Your Questions, Answered

JetBlue Election Update – Your Questions, Answered

Oct 11, 2022 | Front Page, JetBlue, Organizing, Page Five, Page Four, Page Three, Page Two, Perusals, Row 2

JetBlue Union Vote Update – Your Questions Answered

Organizing
11 October 2022

Now that we filed for an election, what happens next?

The National Mediation Board (NMB), the federal agency that handles representation elections in the airline industry, has ordered JetBlue management to send the list of “potential eligible voters” to the NMB by 10:00 AM, October 18, 2022. Once the NMB receives the list of potentially eligible voters from JetBlue, the federal agency will compare the list with the election authorization cards submitted to determine if at least 50 percent of GO Crewmembers have requested the right to vote in a union representation election.

Who is eligible to vote?

All GO Crewmembers hired on or before September 17, 2022.

How will the vote be conducted?

The vote will be conducted by mail ballot. It is important that we have our most current address updated with JetBlue, as JetBlue will give the NMB the address it currently has on file when it is time for the NMB to mail us our ballot.

It is also important to know that we will vote by secret ballot and that our vote is confidential. JetBlue management is prohibited under federal law from ever knowing how we voted, or if we voted.

How long will it take the NMB to schedule our vote?

Once the NMB determines that at least 50 percent of all GO Crewmembers requested a union representation election be held (signed a card), the federal agency will schedule a voting period. If JetBlue management submits an accurate list of potentially eligible voters to the NMB, which airline management is required to do under federal law, then it is possible that the vote will be scheduled within the next few months.

However, we expect JetBlue management and their high-priced lawyers to delay the process as much as they can, and they’ve already started. JetBlue requested a week extension to submit the list of potentially eligible voters to the NMB by October 18, 2022. The list of eligible voters was originally due by Tuesday, October 11, 2022. The NMB granted their request.

Why would JetBlue want to delay the vote?

Like management at all corporations, JetBlue management wants to retain total control over all decisions. The best way for them to do that is to do everything possible to influence and coerce their employees not to unionize. When workers unionize, they have a seat at the table and the right to negotiate and vote on their terms of employment.

When workers are not unionized, they don’t have those rights (collective bargaining rights).

By delaying the process, JetBlue management and their attorneys will have more time to try and convince Crewmembers that we don’t need to unionize and negotiate a legally binding contract. It’s important that we understand that everything JetBlue management does from this point forward is to influence GO Crewmembers to remain non-union, with no legal rights and no contract.

Keep Signing Cards Till the Very last Second

What can JetBlue management do to delay the NMB process?

We expect that JetBlue management will make every attempt to inflate the list of potential eligible voters by placing individuals on the list who are ineligible. For example, we expect JetBlue to place AO Crewmembers on the list.

This will force us to identify the ineligible workers and to object to their inclusion on the list of potential eligible voters. Under the Railway Labor Act (RLA), workers must organize according to “class and craft” (job classification). According to the law, GO and AO are separate classifications of work and therefore must unionize separately.

 We hope JetBlue management doesn’t engage in any dirty tricks to delay our right to vote. If they try, we are prepared for anything and we will keep the Department of Labor and elected officials abreast of the situation.

What are our rights during this process?

>>  We have a federal right under the Railway Labor Act (RLA), to form and join a union without interference from JetBlue management.

>>  We have the right to talk to our co-workers about the Union just like we talk about any other subject at work. We have the right to hand out flyers and other information during non-work times in non-work areas.

>>  We have the right to wear a Union Pin.

It’s against federal law for management to stop us from exercising these rights, or retaliate against us for exercising our federal right to form a Union. The Railway Labor Act—the federal law that gives us these rights— prohibits management from influencing or interfering with our right to join a union. Ask yourself, is JetBlue management, or any other person, trying to influence us to not unionize?

The law states, “No carrier, its officers, or agents shall deny or in any way question the right of its employees to join, organize, or assist in organizing the labor organization of their choice, and it shall be unlawful for any carrier to interfere in any way with the organization of its employees.”

“All employees are free to express their desire to be represented by a labor organization or to be unrepresented.

The Carrier is not permitted to influence, interfere or coerce employees in any manner in an effort to induce them to participate or refrain from participating in an election should there be one.

Get Printable Flyer
Report Company Interference

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JetBlue Union Vote Update – Your Questions Answered

11 October, 2022

Union Vote Update: Election Process Frequently Asked Questions

Now that we filed for an election, what happens next?

The National Mediation Board (NMB), the federal agency that handles representation elections in the airline industry, has ordered JetBlue management to send the list of “potential eligible voters” to the NMB by 10:00 AM, October 18, 2022. Once the NMB receives the list of potentially eligible voters from JetBlue, the federal agency will compare the list with the election authorization cards submitted to determine if at least 50 percent of GO Crewmembers have requested the right to vote in a union representation election.

Who is eligible to vote?

All GO Crewmembers hired on or before September 17, 2022.

How will the vote be conducted?

The vote will be conducted by mail ballot. It is important that we have our most current address updated with JetBlue, as JetBlue will give the NMB the address it currently has on file when it is time for the NMB to mail us our ballot.

It is also important to know that we will vote by secret ballot and that our vote is confidential. JetBlue management is prohibited under federal law from ever knowing how we voted, or if we voted.

How long will it take the NMB to schedule our vote?

Once the NMB determines that at least 50 percent of all GO Crewmembers requested a union representation election be held (signed a card), the federal agency will schedule a voting period. If JetBlue management submits an accurate list of potentially eligible voters to the NMB, which airline management is required to do under federal law, then it is possible that the vote will be scheduled within the next few months.

However, we expect JetBlue management and their high-priced lawyers to delay the process as much as they can, and they’ve already started. JetBlue requested a week extension to submit the list of potentially eligible voters to the NMB by October 18, 2022. The list of eligible voters was originally due by Tuesday, October 11, 2022. The NMB granted their request.

Why would JetBlue want to delay the vote?

Like management at all corporations, JetBlue management wants to retain total control over all decisions. The best way for them to do that is to do everything possible to influence and coerce their employees not to unionize. When workers unionize, they have a seat at the table and the right to negotiate and vote on their terms of employment.

When workers are not unionized, they don’t have those rights (collective bargaining rights).

By delaying the process, JetBlue management and their attorneys will have more time to try and convince Crewmembers that we don’t need to unionize and negotiate a legally binding contract. It’s important that we understand that everything JetBlue management does from this point forward is to influence GO Crewmembers to remain non-union, with no legal rights and no contract.

What can JetBlue management do to delay the NMB process?

We expect that JetBlue management will make every attempt to inflate the list of potentially eligible voters by placing individuals on the list who are ineligible. For example, we expect JetBlue to place AO Crewmembers on the list.

This will force us to identify the ineligible workers and object to their inclusion on the list of potentially eligible voters. Under the Railway Labor Act (RLA), workers must organize according to “class and craft” (job classification). According to the law, GO and AO are separate classifications of work and therefore must unionize separately.

We hope JetBlue management doesn’t engage in any dirty tricks to delay our right to vote. If they try, we are prepared for anything and we will keep the Department of Labor and elected officials abreast of the situation.

What are our rights during this process?

>> We have a federal right under the Railway Labor Act (RLA), to form and join a union without interference from JetBlue management.

>> We have the right to talk to our co-workers about the Union just like we talk about any other subject at work. We have the right to hand out flyers and other information during non-work times in non-work areas.

>> We have the right to wear a Union Pin.

It’s against federal law for management to stop us from exercising these rights, or retaliate against us for exercising our federal right to form a Union. The Railway Labor Act—the federal law that gives us these rights— prohibits management from influencing or interfering with our right to join a union. Ask yourself, is JetBlue management, or any other person, trying to influence us to not unionize?

 

The law states, “No carrier, its officers, or agents shall deny or in any way question the right of its employees to join, organize, or assist in organizing the labor organization of their choice, and it shall be unlawful for any carrier to interfere in any way with the organization of its employees.” “All employees are free to express their desire to be represented by a labor organization or to be unrepresented.

The Carrier is not permitted to influence, interfere or coerce employees in any manner in an effort to induce them to participate or refrain from participating in an election should there be one.

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Rising Power: Union Growth Has Wings, Report Finds

Rising Power: Union Growth Has Wings, Report Finds

Oct 7, 2022 | Front Page, Organizing, Page Five, Page Four, Page Three, Page Two, Perusals, Row 2

The National Labor Relations Board (NLRB) is the Federal Agency that regulates Unions outside the air and rail transport industries.

Rising Power: Union Growth Has Wings, Report Finds

Organizing
7 October 2022

The Machinists Union held its Grand Lodge Convention in Las Vegas this week. This year, District 141 was recognized with a special award for its efforts at union organizing. District President, Mike Klemm, was specifically honored for his pioneering efforts in growing the Union, which is expected to add more than ten thousand new union members over the next few years.

The recognition comes at a time when union growth and worker power are surging.

A new report by a major Federal Agency that oversees labor affairs in the United States is backing up what many workers have already noticed: union growth is exploding across the United States.

According to the National Labor Relations Board, no fewer than 2,510 workplaces petitioned the Agency to join or form a union. (Fiscal Years do not line up with calendar years. The Fiscal Year 2022 ran from October 1, 2021, to September 30, 2022.

 

Last year, the number of workplaces filing for a union election was 1,638. The uptick means a 53% increase in workers seeking to organize their workplaces over the last year. 

The number of filings at the NLRB’s 48 field offices in 2022 was the highest since 2016.

Unfair labor practice complaints filed with NLRB Field Offices also jumped by 19%, from 15,082 charges in 2021 to 17,988 charges in 2022.

Adding labor complaints filed with the Agency to the number of representation filings, the

total new caseload at NLRB Field Offices increased by 23%, from 16,720 cases last year to 20,498 in 2022. This increase of 3,778 cases is the biggest single-year increase in a generation, dating all the way back to 1976. It is the biggest percentage increase since 1959.

What it Means

The new report puts to rest the idea that the appearance of massive union growth is an illusion created by a handful of ultra-high-profile organizing efforts. While victories and drives at headline-grabbing workplaces like Amazon, Starbucks, Trader Joes’, Apple, and JetBlue are getting a lot of attention, the 53% single-year jump means a lot is going on under the radar, too.

The data also indicates that the federal government’s protections for workers who want to organize are inadequate. Unions have found support from an astounding 71% of American workers, yet fewer than 7% of private-sector workers are union members. The data strongly suggests that it is harder to organize workplaces than American workers want.

The huge spike in complaints about employers violating workers’ rights to form a union indicates serious deficiencies in the current system.

 

Last year, the number of workplaces filing for a union election was 1,638. The uptick means a 53% increase in workers seeking to organize their workplaces over the last year. 

The number of filings at the NLRB’s 48 field offices in 2022 was the highest since 2016.

Unfair labor practice complaints filed with NLRB Field Offices also jumped by 19%, from 15,082 charges in 2021 to 17,988 charges in 2022.

Adding labor complaints filed with the Agency to the number of representation filings, the total new caseload at NLRB Field Offices increased by 23%, from 16,720 cases last year to 20,498 in 2022. This increase of 3,778 cases is the biggest single-year increase in a generation, dating all the way back to 1976. It is the biggest percentage increase since 1959.

In response to such concerns, the NLRB issued a statement explaining the Agency is processing cases much more quickly, but the sheer number of new filings is threatening to swamp already-thin budgets. 

The increased caseload at both field offices and the Board is happening as the Agency struggles with funding and staffing shortages. The NLRB has received the same budget of $274.2 million for nine straight years – even as costs have risen. Adjusting for inflation, the Agency’s budget has decreased by 25% since 2014. Staffing levels have dropped 39% since 2002, and staffing in Field Offices has shrunk by half, partly explaining the problem. 

The NLRB issued an urgent call to the Biden Administration and Congress asking for better funding for the Agency to pay for things like staff to ease the growing caseload. For its part, the Biden budget includes a sharp increase in funding. The President’s Budget for 2023 requested $319.4 million for the NLRB, a 16% increase that would go a long way toward fixing the issues at the Agency.

What Happens Next

The increased activity at the NLRB will likely have a ripple effect throughout the economy. With more workers wanting to unionize and more complaints of employer wrongdoing, we can expect to see more workplaces engage in union organizing drives – and more employers trying to stop them. 

We can also expect to see more legal challenges to the current system. The NLRB’s ability to protect workers’ rights is already being tested in court, and the new data will likely add fuel to those fires.

The report is a clear indication that American workers are increasingly interested in unionizing. With the proper support from the government, we could see a major resurgence in union membership in the years to come. 

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Rising Power: Union Growth Has Wings, Report Finds

7 October 2022

Now it’s official; requests to join a union jump by 53% in a single year.

The Machinists Union held its Grand Lodge Convention in Las Vegas this week. This year, District 141 was recognized with a special award for its efforts at union organizing. District President, Mike Klemm, was specifically honored for his pioneering efforts in growing the Union, which is expected to add more than ten thousand new union members over the next few years.

The recognition comes at a time when union growth and worker power are surging.

A new report by a major Federal Agency that oversees labor affairs in the United States is backing up what many workers have already noticed: union growth is exploding across the United States.

According to the National Labor Relations Board, no fewer than 2,510 workplaces petitioned the Agency to join or form a union. (Fiscal Years do not line up with calendar years. The Fiscal Year 2022 ran from October 1, 2021, to September 30, 2022.

Last year, the number of workplaces filing for a union election was 1,638. The uptick means a 53% increase in workers seeking to organize their workplaces over the last year. 

 

The number of filings at the NLRB’s 48 field offices in 2022 was the highest since 2016.

Unfair labor practice complaints filed with NLRB Field Offices also jumped by 19%, from 15,082 charges in 2021 to 17,988 charges in 2022.

Adding labor complaints filed with the Agency to the number of representation filings, the total new caseload at NLRB Field Offices increased by 23%, from 16,720 cases last year to 20,498 in 2022. This increase of 3,778 cases is the biggest single-year increase in a generation, dating all the way back to 1976. It is the biggest percentage increase since 1959.

What it Means

The new report puts to rest the idea that the appearance of massive union growth is an illusion created by a handful of ultra-high-profile organizing efforts. While victories and drives at headline-grabbing workplaces like Amazon, Starbucks, Trader Joes’, Apple, and JetBlue are getting a lot of attention, the 53% single-year jump means a lot is going on under the radar, too.

 

The data also indicates that the federal government’s protections for workers who want to organize are inadequate. Unions have found support from an astounding 71% of American workers, yet fewer than 7% of private-sector workers are union members. The data strongly suggests that it is harder to organize workplaces than American workers want.

The huge spike in complaints about employers violating workers’ rights to form a union indicates serious deficiencies in the current system.

In response to such concerns, the NLRB issued a statement explaining the Agency is processing cases much more quickly, but the sheer number of new filings is threatening to swamp already-thin budgets.

The increased caseload at both field offices and the Board is happening as the Agency struggles with funding and staffing shortages. The NLRB has received the same budget of $274.2 million for nine straight years – even as costs have risen. Adjusting for inflation, the Agency’s budget has decreased by 25% since 2014. Staffing levels have dropped 39% since 2002, and staffing in Field Offices has shrunk by half, partly explaining the problem.

The NLRB issued an urgent call to the Biden Administration and Congress asking for better funding for the Agency to pay for things like staff to ease the growing caseload. For its part, the Biden budget includes a sharp increase in funding. The President’s Budget for 2023 requested $319.4 million for the NLRB, a 16% increase that would go a long way toward fixing the issues at the Agency.

What Happens Next

The increased activity at the NLRB will likely have a ripple effect throughout the economy. With more workers wanting to unionize and more complaints of employer wrongdoing, we can expect to see more workplaces engage in union organizing drives – and more employers trying to stop them.

We can also expect to see more legal challenges to the current system. The NLRB’s ability to protect workers’ rights is already being tested in court, and the new data will likely add fuel to those fires.

The report is a clear indication that American workers are increasingly interested in unionizing. With the proper support from the government, we could see a major resurgence in union membership in the years to come.

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JetBlue Election Update – Your Questions, Answered

IAM / JetBlue Union Vote Update

Oct 5, 2022 | Front Page, JetBlue, Organizing, Page Five, Page Four, Page Three, Page Two, Perusals, Row 2

JetBlue Union Vote Update

Organizing
5 October 2022

Union Vote Update: Timeline and Our Rights 

As you know, the IAM filed an application with the National Mediation Board (NMB), a federal agency, to conduct a union representation vote on Friday, September 23, 2022.

On September 26, 2022, the NMB ordered JetBlue management to forward to the NMB the list of “potential eligible voters” by Monday, October 11, 2022.

Yesterday, JetBlue’s high-priced attorneys requested a one-week extension, until Monday, October 18, 2022, to submit the list (we will let you know if the extension is granted).

Once the NMB receives the list of potentially eligible voters from JetBlue management, the federal agency will then determine if at least 50 percent of GO Crewmembers signed an election authorization card (a-card), requesting a union election be scheduled.

The NMB controls the timeline of this process, and we will keep you updated on any developments every step of the way.

It is very important that all GO Crewmembers understand that our right to join, and express support to form a union of JetBlue GO Crewmembers, is protected under federal law.

The NMB’s Notice to Employees states: “No carrier, its officers, or agents shall deny or in any way question the right of its employees to join, organize, or assist in organizing the labor organization of their choice, and it shall be unlawful for any carrier to interfere in any way with the organization of its employees […] The Carrier is not permitted to influence, interfere or coerce employees in any manner in an effort to induce them to participate or refrain from participating in an election should there be one.”

If you believe that JetBlue is attempting to influence, interfere or coerce you against exercising your right to join a union, please notify an IAM representative. CLICK HERE to find out more about your rights, and how you can file an ANONYMOUS “carrier interference” charge. 

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JetBlue Union Vote Update

5 October, 2022

Union Vote Update: Timeline and Our Rights

As you know, the IAM filed an application with the National Mediation Board (NMB), a federal agency, to conduct a union representation vote on Friday, September 23, 2022.

On September 26, 2022, the NMB ordered JetBlue management to forward to the NMB the list of “potential eligible voters” by Monday, October 11, 2022.

Yesterday, JetBlue’s high-priced attorneys requested a one-week extension, until Monday, October 18, 2022, to submit the list (we will let you know if the extension is granted).

Once the NMB receives the list of potentially eligible voters from JetBlue management, the federal agency will then determine if at least 50 percent of GO Crewmembers signed an election authorization card (a-card), requesting a union election be scheduled.

The NMB controls the timeline of this process, and we will keep you updated on any developments every step of the way.

It is very important that all GO Crewmembers understand that our right to join, and express support to form a union of JetBlue GO Crewmembers, is protected under federal law.

The NMB’s Notice to Employees states: “No carrier, its officers, or agents shall deny or in any way question the right of its employees to join, organize, or assist in organizing the labor organization of their choice, and it shall be unlawful for any carrier to interfere in any way with the organization of its employees […] The Carrier is not permitted to influence, interfere or coerce employees in any manner in an effort to induce them to participate or refrain from participating in an election should there be one.”

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Supreme Court Poised for New Attack on Unions

Supreme Court Poised for New Attack on Unions

Oct 5, 2022 | Front Page, MNPL, Page Five, Page Four, Page Three, Page Two, Perusals, Row 2

The Supreme Court may soon overturn a lower court ruling the held that Federal Regulators are better suited than tort courts to deal with company / union disputes. 

Supreme Court Poised for New Attack on Unions

IAM141.org
5 October 2022

On Monday, the U.S. Supreme Court agreed to decide a case that could determine if unions should be forced to cover some financial losses their companies experience due to union actions, such as strikes.

The case will decide if employers can bypass Federal Labor regulators and sue unions directly in court. Currently, labor disputes are settled by specialized Federal regulators, to avoid tying up the court system and to prevent litigation designed solely for the purpose of harassing or bankrupting unions. The court will decide whether or not to remove those safeguards.

The Court granted Glacier Northwest, Inc., a concrete mixing and delivery company, a request to review an earlier decision by the Washington State Supreme Court, which ruled against the company in favor of the workers. That ruling found that the strike fell under rules set up by the National Labor Relations Act (NLRA) and that companies cannot sue over such conduct. Rather, such matters must be litigated before the National Labor Relations Board. In agreeing to take up the case, the U.S. Supreme Court could potentially reverse the earlier decision.  

Such a ruling could allow companies to sue unions outside of the Labor Board, possibly requiring them to repay employers if they claim union business was unduly burdensome. For example, if a legal, peaceful union job action slowed production, caused canceled deliveries, or spoiled inventory left at worksites by workers walking off the property.

 

Airlines and other transportation-sector unions are covered under the Railway Labor Act and regulated by a different Federal Agency; the National Mediation Board. Under these rules, airlines must win express clearances from the Federal Government before they can strike. However, the case has the potential to impact air and rail workers granted authorization to conduct work actions. The upcoming Supreme Court decision could impact all unions, not just those falling under the NLRA.

The case, Glacier Northwest Inc. v. International Brotherhood of Teamsters, Local Union 174, involves a strike action by concrete-mixer truck drivers working for Glacier Northwest in Washington State. The truck drivers asked for better health care options for recent retirees and cost-of-living increases in pay. When Company management refused, the drivers voted to go on strike. 

The strike began after the management ordered many drivers to load their mixers with concrete, which must be delivered to customers the same day. If it is not used in time, the concrete will harden and have to be dumped. Hardening concrete can also damage mixing trucks, although no such damage occurred. The strike began after many drivers filled their mixing trucks or left on deliveries, which meant someone else needed to deliver concrete and rinse the trucks. Since managers had failed to staff adequately, some deliveries had to be called off, and some of the concrete had to be thrown out.



 

Glacier sued the union in state court, claiming the drivers had “vandalized” company property and sabotaged the operation by not completing their deliveries and rinsing their trucks before going on strike. The complaint alleged that the union engaged in trespassing, interfering with company contracts, and civil conspiracy. 

The union argued that the legal strike was protected under the NLRA, and the company could have chosen to find temporary drivers. Moreover, the drivers said that the matter had to be resolved by the National Labor Relations Board, not in state court, since it was a labor dispute.

Additionally, the union pointed out that the trucks were returned to the worksite and left running – precisely to prevent the concrete from hardening. Glacier made the deliberate choice to dump the concrete after refusing to staff the operation in anticipation of a possible strike. This was not a decision made by the truck drivers, and they had no power to force the company to take any set of actions after the strike was called.

In December, the Washington State Supreme Court agreed with the truck drivers and found the lost concrete was incidental to the strike action and that the NLRB is better suited to determine if the drivers did anything unlawful.

 

 In response to the company’s claims, the Washington Supreme Court noted the fact that protected a union job action can, “bring ‘inconvenience and economic loss’ does not render it unprotected.”

Glacier then petitioned the U.S. Supreme Court, asking Justices to overturn the state ruling in favor of the union. In that filing, the company argues that the NLRA should no longer be allowed to pre-empt state tort courts in cases when unions are accused of “intentionally destroying an employer’s property.”

If the Supreme Court ultimately rules against the union, the decision would expose organized workplaces to many new legal threats and draining, pointless litigation. Principally, unions will face the genuine danger of expensive company-funded litigation becoming routine, even if the cases are eventually thrown out. Such a ruling would hand employers the power to baselessly accuse their unionized workers of criminal acts that must be decided in state courts rather than by the Federal Agencies tasked with arbitrating labor disputes.

In 2018, the Supreme Court handed down the infamous Janus v. AFSCME decision, hoping to bankrupt public-sector unions by forcing them to provide union work, marketable skills, and property to anti-union actors on demand. Janus also forces public workers to pay for political and anti-union speech and acts they oppose. Anti-union forces hoped masses of union members, given a chance to collect union wages, work rules, and benefits without helping pay for any of it would seize the opportunity, thus bankrupting organized labor. 

That effort failed. In part because anti-union forces thought unions were as unpopular as they say they are, unaware that more than 70% of American workers support unionism. The Glacier v. Teamsters decision can potentially give a powerful new weapon to billion and trillion-dollar corporations to sue unions out of existence. And this time, unlike under Janus, the High Court might not limit that weapon to certain types of unions under specific Federal regulators. And, this time, it won’t depend on proud union members betraying their coworkers.

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Supreme Court Poised to Renew Attack on Unions

5 October, 2022

On Monday, the U.S. Supreme Court agreed to decide a case that could determine if unions should be forced to cover some financial losses their companies experience due to union actions, such as strikes.

 The case will decide if employers can bypass Federal Labor regulators and sue unions directly in court. Currently, labor disputes are settled by specialized Federal regulators, to avoid tying up the court system and to prevent litigation designed solely for the purpose of harassing or bankrupting unions. The court will decide whether or not to remove those safeguards.

The Court granted Glacier Northwest, Inc., a concrete mixing and delivery company, a request to review an earlier decision by the Washington State Supreme Court, which ruled against the company in favor of the workers. That ruling found that the strike fell under rules set up by the National Labor Relations Act (NLRA) and that companies cannot sue over such conduct. Rather, such matters must be litigated before the National Labor Relations Board. In agreeing to take up the case, the U.S. Supreme Court could potentially reverse the earlier decision. 

Such a ruling could allow companies to sue unions outside of the Labor Board, possibly requiring them to repay employers if they claim union business was unduly burdensome. For example, if a legal, peaceful union job action slowed production, caused canceled deliveries, or spoiled inventory left at worksites by workers walking off the property.

Airlines and other transportation-sector unions are covered under the Railway Labor Act and regulated by a different Federal Agency; the National Mediation Board. Under these rules, airlines must win express clearances from the Federal Government before they can strike. However, the case has the potential to impact air and rail workers granted authorization to conduct work actions. The upcoming Supreme Court decision could impact all unions, not just those falling under the NLRA.

The case, Glacier Northwest Inc. v. International Brotherhood of Teamsters, Local Union 174, involves a strike action by concrete-mixer truck drivers working for Glacier Northwest in Washington State. The truck drivers asked for better health care options for recent retirees and cost-of-living increases in pay. When Company management refused, the drivers voted to go on strike. 

The strike began after the management ordered many drivers to load their mixers with concrete, which must be delivered to customers the same day. If it is not used in time, the concrete will harden and have to be dumped. Hardening concrete can also damage mixing trucks, although no such damage occurred. The strike began after many drivers filled their mixing trucks or left on deliveries, which meant someone else needed to deliver concrete and rinse the trucks. Since managers had failed to staff adequately, some deliveries had to be called off, and some of the concrete had to be thrown out.

Glacier sued the union in state court, claiming the drivers had “vandalized” company property and sabotaged the operation by not completing their deliveries and rinsing their trucks before going on strike. The complaint alleged that the union engaged in trespassing, interfering with company contracts, and civil conspiracy.

The union argued that the legal strike was protected under the NLRA, and the company could have chosen to find temporary drivers. Moreover, the drivers said that the matter had to be resolved by the National Labor Relations Board, not in state court, since it was a labor dispute.

Additionally, the union pointed out that the trucks were returned to the worksite and left running – precisely to prevent the concrete from hardening. Glacier made the deliberate choice to dump the concrete after refusing to staff the operation in anticipation of a possible strike. This was not a decision made by the truck drivers, and they had no power to force the company to take any set of actions after the strike was called.

In December, the Washington State Supreme Court agreed with the truck drivers and found the lost concrete was incidental to the strike action and that the NLRB is better suited to determine if the drivers did anything unlawful. 

In response to complaints that the strike had inspired Company to destroy undelivered concrete. However, as the Washington Supreme Court noted, the fact that protected union job actions can, “bring ‘inconvenience and economic loss’ does not render it unprotected.”

Glacier then petitioned the U.S. Supreme Court, asking Justices to overturn the state ruling in favor of the union. In that filing, the company argues that the NLRA should no longer be allowed to pre-empt state tort courts in cases when unions are accused of “intentionally destroying an employer’s property.”

If the Supreme Court ultimately rules against the union, the decision would expose organized workplaces to many new legal threats and draining, pointless litigation. Principally, unions will face the genuine danger of expensive company-funded litigation becoming routine, even if the cases are eventually thrown out. Such a ruling would hand employers the power to baselessly accuse their unionized workers of criminal acts that must be decided in state courts rather than by the Federal Agencies tasked with arbitrating labor disputes.

In 2018, the Supreme Court handed down the infamous Janus v. AFSCME decision, hoping to bankrupt public-sector unions by forcing them to provide union work, marketable skills, and property to anti-union actors on demand. Janus also forces public workers to pay for political and anti-union speech and acts they oppose. Anti-union forces hoped masses of union members, given a chance to collect union wages, work rules, and benefits without helping pay for any of it would seize the opportunity, thus bankrupting organized labor. 

That effort failed. In part because anti-union forces thought unions were as unpopular as they say they are, unaware that more than 70% of American workers support unionism. The Glacier v. Teamsters decision can potentially give a powerful new weapon to billion and trillion-dollar corporations to sue unions out of existence. And this time, unlike under Janus, the High Court might not limit that weapon to certain types of unions under specific Federal regulators. And, this time, it won’t depend on proud union members betraying their coworkers.


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October Helping Hands: Mental Health Awareness Month

October Helping Hands: Mental Health Awareness Month

Oct 3, 2022 | EAP, Front Page, Helping Hands, Page Five, Page Four, Page Three, Page Two, Perusals, Row 2, Uncategorized

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October Helping Hands: Mental Health Awareness Month

EAP Peer Coordinators:

 
     October is Mental Health awareness month – Helping Hands addresses what a mental health condition is, where you can get good information (heavy emphasis on good), what therapy is about and how to find a counselor. We cover a lot of ground this month, it should be good information to share with your folks. 
 

      The pandemic has made it easier to talk about mental health. Mental health concerns are more prevalent than ever. Please help your folks talk about their issues and encourage them to seek help. As always all of us are available to support you in whatever way you may need. 

Bryan Hutchinson, M.S.
EAP Director

Bryan Hutchinson, M.S.
EAP Director
bhutchinson@iam141.org
Cell: 303-229-5117

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