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In this month’s podcast: Article: Evidence On Measures To Reduce Excessive Use Of Force By The Police (h/t to PORAC). Firefighter Schedule Change Illegal Discrimination, IAFF, Local 365 v. City of East Chicago, 2022 WL 17829283 (7th Cir. 2022). Sergeant Has Privacy Interest In Dropbox Account Created With Employer’s Email, State v. Bowers, 2022 WL …
 
The field of Human Resources has changed over the last few decades. But, is that a good thing, or a bad thing? Stephen Enright (bio here) is a successful human resources consultant, executive, and HR leader, with a solid record of leading HR in healthcare, transportation, and high tech industries. He has managed the Human Resources function in both…
 
In this first episode of ‘Between the Lines,’ Labor Relations Radio host Peter List covers some of the important labor union news stories of the week and provides perspective. Articles covered in this episode: 1.6 million workers will see their contracts expire this year. Will 2023 be the 'Year of the Strike?' UAW Strikers Told They Could Be Perman…
 
Labor "journalists" have downplayed the oversized role the SEIU has had behind the campaign to unionize Starbucks Since the first Starbucks cafe unionized in Buffalo, New York in 2021 much of the media coverage has portrayed the campaign to unionize Starbucks as a mostly organic effort. Other than passing mentions that the Starbucks Workers United …
 
'We've had enough pizza.' Last week’s strike in New York City, where 7,000 nurses walked off their job over staffing and pay, was symbolic of a much larger issue facing the U.S. healthcare system and even other countries like England. Though it remains to be seen—and even doubted by some—whether the strike will significantly address the nurses’ con…
 
An association for educators provides a constructive alternative to teachers' unions. Dr. Keith Courville, Ed.S., Ph.D. is the Executive Director of the Associated Professional Educators of Louisiana (A+PEL). In existence since the mid-1980s, A+PEL is not a teachers’ union. Rather, it is a non-partisan, non-profit member organization that serves ed…
 
It’s a new year and the times, they are a-changin’ here at LRIS. In this month’s podcast: An announcement from Will Aitchison. No Religious Freedom Exception To Photographs In Uniform, Swartz v. Sylvester, 2022 WL 17090374 (1st Cir. 2022). City To Pay $1.6 Million For Firefighter Staffing Violation, East Cleveland IAFF 500 v. City of East Cleveland…
 
With the U.S. Department of Labor’s public comment period on the DOL’s proposed rule on independent contractors now closed, Kim Kavin, a returning guest, freelance writer and co-founder of Fight for Freelancers USA , provides an update on the union-backed governments’ efforts to kill the gig economy. Related: Public Comment to the DOL from Fight Fo…
 
The Americans for Fair Treatment (AFFT) is a national nonprofit organization that offers educational materials and a free membership program to current and former public-sector employees. In this episode of Labor Relations Radio, AFFT’s CEO, Elisabeth Messenger, joins host Peter List to discuss union pension bailouts, public sector unionism and the…
 
If only Samuel Gompers were alive today. People pushing the PRO Act who are upset at Biden imposing contracts on rail workers are exhibiting their philosophical hypocrisy. “The continuing clamor for extension of state regulatory powers under the guise of reform and deliverance from evil can but lead into greater confusion and more hopeless entangle…
 
This month’s cases: Not Unconstitutional To Bar Recording IA Interviews, Hils v. Davis, 2022 WL 16731082 (6th Cir. 2022). Firefighter Loses Free Speech Lawsuit Over Voicemail, Millspaugh v. Cobb County Fire and Emergency Services, 2022 WL 17101337 (11th Cir. 2022). Unsubstantiated Rumors Do Not Start Bill Of Rights Statute Of Limitations, Shouse v.…
 
On this episode of Labor Relations Radio, following a brief update on President Biden’s request for Congress to impose contracts on the railroad workers who rejected the Biden-brokered deal, journalist Kerry Picket joins host Peter List to talk about the state of journalism, politics, and unions. Kerry Picket is a senior congressional reporter for …
 
Will litter boxes be considered a 'reasonable accommodation' to end discrimination against furries? Will unions be required to represent 'furries' who are fired for barking or hissing at their bosses? There is a debate about today’s educational system and the role teachers’ unions play in either preparing students to become productive citizens, or …
 
Two Boomers and a Gen Z walk onto a podcast... To older managers and business owners (aka ‘bOoMeRs’), managing the ‘Gen Z’ workforce can be a perplexing issue. In this episode of Labor Relations Radio, host Peter List and returning guest Reputation Partners’ Nick Kalm, along with Haley Hartmann work through the stereotypes and discuss some of the u…
 
The Republican Party Was Supposed To Fare Much Better. So, What Happened? With several election outcomes and the balance of power in Washington still to be decided—with the exception of Florida—the Republicans’ expected “red wave” in Tuesday’s mid-term elections failed to materialize. Why? In this episode of Labor Relations Radio, Nick Kalm, the CE…
 
On this episode, F. Vincent Vernuccio, President and Co-Founder of the Institute for the American Worker, returns to Labor Relations Radio to discuss the Department of Labor’s proposal to eliminate independent contractors, the National Labor Relations Board’s efforts to classify franchises and their franchisees as “joint employers,” as well as a ho…
 
Cases: The City of Oklahoma City and Devin Frazier decision, City of Oklahoma City, FMCS Case No. 210710-08292 (Rubinett 2022). Ex Parte Advice From Decisionmaker’s Wife Violates Due Process, Johnson v. Department of the Air Force, 2022 WL 4456279 (Fed. Cir. 2022). Court Allows Employer To Seize Corrections Officer’s Guns, Anderson v. Molina, 2022 …
 
Dan McCrory spent 37 years with AT&T and rose through the ranks of the Communications Workers of America to become a local president. As a member of the Writers Union, Mr. McCrory published ‘Capitalism Killed The Middle Class’ and is currently working on his next book ‘Rebuilding Unions.’ In additional to his writing, according to his bio, Mr. McCr…
 
“My biggest problem with modernity may lie in the growing separation of the ethical and the legal” ― Nassim Nicholas Taleb Freedom Foundation Attorneys Sydney Phillips and Rebekah Millard discuss the 9th Circuit Court of Appeals' cases that turn logic on its head. Recently, the 9th Circuit Court of Appeals heard several cases involving unions forgi…
 
Phil Wilson is President and General Counsel of the Labor Relations Institute and is a national expert on labor relations and creating positive workplaces. He is regularly featured in the business media including Fox Business News, Bloomberg News, HR Magazine, and the New York Times. Wilson is a highly regarded keynote speaker, an adjunct professor…
 
Americans have until November 28th to submit comments on this important issue. Returning guest Kim Kavin is a full-time, freelance journalist and one of the co-founders of Fight for Freelancers USA. Albeit reluctantly, Ms. Kavin is one of the nation’s most knowledgable individuals on how union-backed politicians and agency bureaucrats are attemptin…
 
Gabriella Hoffman is media strategist, consultant, and award-winning outdoor writer based in the Washington, D.C. Metro Area. Ms. Hoffman specializes in social media management, strategic communications, branding, public relations, marketing, digital strategies, speaking/trainings, basic photography and videography services. As a full-time freelanc…
 
What’s going on with the Consumer Price Index? Cases: Waiver Of Bargaining Rights Need Not Be In Writing, Portland Fire Fighters’ Association, 321 Or. App. 569 (2022). Vice-President’s Knowledge Can Waive Union’s Right To Bargain, Syracuse Firefighters Association, 55 PERB ¶ 4551 (NY PERB ALJ 2022). Corrections Officers Lack Standing To Challenge S…
 
It's coming faster than most people recognize. With the fast-paced arrival of innovative and transformative technologies, will workers whose jobs are most likely to be disrupted have the skills and training required for the new jobs being created? — Emma Coalition Guest Michael Lotito is a shareholder with the law firm Littler Mendelson, and is one…
 
The little known (and even less understood) Weingarten Rights are likely coming back to non-union workplaces. The only question is when. In this episode of Labor Relations Radio, Jon Hyman—one of the most well-known and prolific employee and labor law writers on the internet, as well as shareholder and director at Wickens Herzer Panza, in Avon, Ohi…
 
From AB5 to AB257, a former SEIU local officer shares her views From AB5 to AB257, California is the petri dish of experiments that are often imposed on the rest of the nation. In this episode of Labor Relations Radio, former state worker, SEIU local officer, and current “troublemaker” Linda “Pinky” Martinez shares her views of how the state has de…
 
Policing and police staffing in Portland, Oregon. Article: The Injustice Of Under-Policing In America First Federal Appeals Court Plain View Project Case, Hernandez v. City of Phoenix, 2022 WL 3132422 (9th Cir. 2022). Phoenix And Plain View Project In State Court, McMichael-Gombar v. Phoenix Civil Service Board, 73 Arizona Cases Digest 4 (Az. App. …
 
“As goes California, so goes the rest of the nation…?” In this Labor Day Weekend episode of Labor Relations Radio, Lance Christensen Vice President, Education Policy & Government Affairs of the California Policy Center rejoins host Peter List to discuss the FAST Act (AB257)—a bill that will fundamentally transform the fast-food industry in Californ…
 
Unions are pushing the Senate to vote on the PRO Act. Here's the latest update: The Protecting the Right to Organize Act (aka the PRO Act) is the most significant rewrite of American labor law in 75 years. It has already passed the U.S. House of Representatives (twice) and, now, unions are pushing for the U.S. Senate to vote on the bill. On this ep…
 
In this month’s podcast: Religious speech implications of the Supreme Court’s Kennedy decision. Confederate Flag Costs Sergeant Her Job, Cotriss v. City of Roswell, 2022 WL 2345729 (11th Cir. 2022). Garrity Offers No Protection For Dishonesty, Delaware v. MacColl, 2022 WL 2388397 (Del. Super. 2022). No Due Process Right To Promotion From Expired Li…
 
Attorney Wally Zimolong has been described by the American Federation of Teachers as “a destructive force” due to his pro bono assistance to a group of graduate students at the University of Pennsylvania who opposed unionization of graduate students. LaborUnionNews.com's Labor Relations Radio is a subscriber-supported publication. To support our wo…
 
Background. In early April, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo indicating that “she will ask the Board to find mandatory meetings in which employees are forced to listen to employer speech concerning the exercise of their statutory labor rights, including captive audience meetings, a violation of th…
 
Despite an average win rate of more than two-thirds of all NLRB-conducted secret-ballot elections since the mid-2000s, unions and their allies continue try to effectively eliminate workers’ right to vote in secret-ballot elections, as well as tilt the playing field to unions. Despite their repeated efforts over the last 15 years to legislatively in…
 
Michael D. Farren, PhD., is a Senior Research Fellow at the Mercatus Center at George Mason University. HIs article A Pro-Union Vision for the 21st Century and Beyond raises interesting possibilities for unions in the 21st Century. In this episode of Labor Relations Radio, Dr. Farren discussed a “blue sky” vision of how unions could prosper by gett…
 
How does the Supreme Court decision in Kennedy v. Bremerton School District affect public safety employees and employers? Mentioned in this discussion: Garcetti v. Ceballos Other cases discussed: New Disciplinary Matrix And Procedures Are Negotiable, City of Newark, 2022 WL 2168226 (N.J. PERC 2022). No DFR Breach When Fire Union Balances Competing …
 
If you’re in human resources, you probably know the name Suzanne Lucas (aka “Evil HR Lady”). Suzanne is one of the most well-known writers on HR topics and writes about many current events affecting the HR community. In this episode Labor Relations Radio, Suzanne shares the history of her “Evil HR Lady” moniker, as well as her thoughts on a wide ar…
 
“One fact stands out in bold relief in the history of man's attempts for betterment. That is that when compulsion is used, only resentment is aroused, and the end is not gained. Only through moral suasion and appeal to man's reason can a movement succeed.”—Samuel Gompers, Founder of the American Federation of Labor Mark Mix is our guest on this epi…
 
With the word ‘recession’ hitting the headlines, Dr. Dan Mitchell, a co-founder of the Center for Freedom and Prosperity and the Center for Freedom and Prosperity Foundation, discusses the current economic outlook for the country. Dr. Mitchell holds a Ph.D. in Economics from George Mason University and master’s and bachelor’s degrees in economics f…
 
Mr. Maxford Nelson, the Freedom Foundation’s Director of Labor Policy is the Labor Relations Radio guest. The Freedom Foundation is, according to its website, a “battle tank that’s battering the entrenched power of left-wing government union bosses who represent a permanent lobby for bigger government, higher taxes, and radical social agendas.” In …
 
This month’s cases: Porta-Potty Retaliation, City of Shelton, 2022 WL 1442880 (CT.Dept.Lab. 2022). [Download the decision.] What Happens When The Employer Fails To Respond To A Grievance? Sun Coast PBA v. City of St. Petersburg, 2022 WL 1521990 (Fla. PERC Gen. Coun. 2022). No Weingarten Representation When Employer Assures Employee Discipline Not P…
 
Former NLRB Chairman Mark Gaston Pearce joins Labor Relations Radio for a wide ranging discussion about the post-pandemic activism, life after the NLRB, union organizing, the politics of labor policy, as well as art. As a former Board Member and Chairman of the National Labor Relations Board (NLRB), Chairman Pearce served by appointment of Presiden…
 
Synopsis In this episode of Labor Relations Radio, Evan Armstrong, a spokesperson for the Coalition for Workforce Innovation, as well as Vice President of Workforce and a member of the Government Affairs team for the Retail Industry Leaders Association (or RILA) discusses the status of case involving a Trump-era rule regarding independent contracto…
 
For years, the AFL-CIO has published its ‘Executive Paywatch,’ which (despite using a tiny fraction of the top-earning CEOs across America) has a clear purpose of painting nearly all CEOs with the same broad brush of “corporate greed.” While it’s generally understood that the purpose of the AFL-CIO’s Executive Paywatch is to create a media buzz abo…
 
Last week, the National Labor Relations Board issued a rather large complaint against Starbucks consisting of 33 charges of unfair labor practices that included 200+ alleged violations of the National Labor Relations Act. While it is important to note that the NLRB’s complaint consists of allegations, not findings of “guilt,” they can be used as a …
 
In this month’s podcast: New Jersey Attorney General’s cannabis compliance memo Cases covered Buffalo Protest Officers Absolved In Arbitration, City of Buffalo, (Selchick 2022) Federal Court Halts Firefighter Shift Change On Free Speech Grounds, IAFF, Local 365 v. City of East Chicago, No. 2:21-CV-154-PPS-APR (N.D. Ind. 2022) Qualified Immunity Shi…
 
Union “salts” or “moles” have been around for a long time. While they are commonly known in the construction industry, with the uptick in union organizing activity across the country, union “salting”—or the planting of union “moles”—is becoming more commonplace in companies outside the construction industry—like Amazon’s warehouse in Staten Island.…
 
Background: On June 27, 2018, the United States Supreme Court issued a decision that affects the rights of public-sector employees across the country. The decision, Janus v. AFSCME, Council 31, involved a public employee, Mark Janus, who declined to join a union but was nevertheless required under a union contract to pay union fees, sometimes refer…
 
Attorney Jon Hyman is one of the most well-known and prolific employee and labor law writers on the internet. As a shareholder and director at Wickens Herzer Panza, in Avon, Ohio, Jon is the Practice Group Leader of the firm's Employment & Labor Practice Group, and a member of the Firm's Litigation Department. However, on the internet, and with a f…
 
Yesterday, subscribers to LaborUnionNews.com’s Substack received the email covering the NLRB General Counsel’s Brief To Ban "Captive Audience" Meetings, Install Back-Door Card Check. In this short episode of Labor Relations Radio, for subscribers who did not read the entire post, we cover the three main takeaways of the GC’s 93-page brief in Cemex …
 
With so much in the headlines, in this episode of Labor Relations Radio, we cover some of the major news stories over the last five days—from the Teamsters ending the concrete strike in Seattle to Amazon and its election objections, as well as include the NLRB General Counsel’s memorandum seeking to ban so-called “captive audience” meetings and why…
 
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