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NLRB rules that any union busting triggers automatic union recognition
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Tonight (September 6) at 7pm, I'll be hosting Naomi Klein at the LA Public Library for the launch of Doppelganger.
On September 12 at 7pm, I'll be at Toronto's Another Story Bookshop with my new book The Internet Con: How to Seize the Means of Computation.
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American support for unions is at its highest level in generations, from 70% (general population) to 88% (Millenials) – and yet, American unionization rates are pathetic.
That's about to change.
The National Labor Relations Board just handed down a landmark ruling – the Cemex case – that "brought worker rights back from the dead."
https://prospect.org/labor/2023-08-28-bidens-nlrb-brings-workers-rights-back/
At issue in Cemex was what the NLRB should do about employers that violate labor law during union drives. For decades, even the most flagrantly illegal union-busting was met with a wrist-slap. For example, if a boss threatened or fired an employee for participating in a union drive, the NLRB would typically issue a small fine and order the employer to re-hire the worker and provide back-pay.
Everyone knows that "a fine is a price." The NLRB's toothless response to cheating presented an easily solved equation for corrupt, union-hating bosses: if the fine amounts to less than the total, lifetime costs of paying a fair wage and offering fair labor conditions, you should cheat – hell, it's practically a fiduciary duty:
https://www.jstor.org/stable/10.1086/468061
Enter the Cemex ruling: once a majority of workers have signed a union card, any Unfair Labor Practice by their employer triggers immediate, automatic recognition of the union. In other words, the NLRB has fitted a tilt sensor in the American labor pinball machine, and if the boss tries to cheat, they automatically lose.
Cemex is a complete 180, a radical transformation of the American labor regulator from a figleaf that legitimized union busting to an actual enforcer, upholding the law that Congress passed, rather than the law that America's oligarchs wish Congress had passed. It represents a turning point in the system of lawless impunity for American plutocracy.
In the words of Frank Wilhoit, it is is a repudiation of the conservative dogma: "There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect":
https://crookedtimber.org/2018/03/21/liberals-against-progressives/#comment-729288
It's also a stunning example of what regulatory competence looks like. The Biden administration is a decidedly mixed bag. On the one hand there are empty suits masquerading as technocrats, champions of the party's centrist wing (slogan: "Everything is fine and change is impossible"):
https://pluralistic.net/2023/01/10/the-courage-to-govern/#whos-in-charge
But the progressive, Sanders/Warren wing of the party installed some fantastically competent, hard-charging, principled fighters, who are chapter-and-verse on their regulatory authority and have the courage to use that authority:
https://pluralistic.net/2022/10/18/administrative-competence/#i-know-stuff
They embody the old joke about the photocopier technician who charges "$1 to kick the photocopier and $79 to know where to kick it." The best Biden appointees have their boots firmly laced, and they're kicking that mother:
https://pluralistic.net/2023/08/16/the-second-best-time-is-now/#the-point-of-a-system-is-what-it-does
One such expert kicker is NLRB General Counsel Jennifer Abruzzo. Abruzzo has taken a series of muscular, bold moves to protect American workers, turning the tide in the class war that the 1% has waged on workers since the Reagan administration. For example, Abruzzo is working to turn worker misclassification – the fiction that an employee is a small business contracting with their boss, a staple of the "gig economy" – into an Unfair Labor Practice:
https://pluralistic.net/2022/01/10/see-you-in-the-funny-papers/bidens-legacy
She's also waging war on robo-scab companies: app-based employment "platforms" like Instawork that are used to recruit workers to cross picket lines, under threat of being blocked from the app and blackballed by hundreds of local employers:
https://pluralistic.net/2023/07/30/computer-says-scab/#instawork
With Cemex, Abruzzo is restoring a century-old labor principle that has been gathering dust for generations: the idea that workers have the right to organize workplace gemocracies without fear of retaliation, harassment, or reprisals.
But as Harold Meyerson writes for The American Prospect, the Cemex ruling has its limits. Even if the NLRB forces and employer to recognize a union, they can't force the employer to bargain in good faith for a union contract. The National Labor Relations Act prohibits the Board from imposing a contract.
That's created a loophole that corrupt bosses have driven entire fleets of trucks through. Workers who attain union recognition face years-long struggles to win a contract, as their bosses walk away from negotiations or offer farcical "bargaining positions" in the expectation that they'll be rejected, prolonging the delay.
Democrats have been trying to fix this loophole since the LBJ years, but they've been repeatedly blocked in the senate. But Abruzzo is a consummate photocopier kicker, and she's taking aim. In Thrive Pet Healthcare, Abruzzo has argued that failing to bargain in good faith for a contract is itself an Unfair Labor Practice. That means the NLRB has the authority to act to correct it – they can't order a contract, but they can order the employer to give workers "wages, benefits, hours, and such that are comparable to those provided by comparable unionized companies in their field."
Mitch McConnell is a piece of shit, but he's no slouch at kicking photocopiers himself. For a whole year, McConnell has blocked senate confirmation hearings to fill a vacant seat on the NLRB. In the short term, this meant that the three Dems on the board were able to hand down these bold rulings without worrying about their GOP colleagues.
But McConnell was playing a long game. Board member Gwynne Wilcox's term is about to expire. If her seat remains vacant, the three remaining board members won't be able to form a quorum, and the NLRB won't be able to do anything.
As Meyerson writes, centrist Dems have refused to push McConnell on this, hoping for comity and not wanting to violate decorum. But Chuck Schumer has finally bestirred himself to fight this issue, and Alaska GOP senator Lisa Murkowski has already broken with her party to move Wilcox's confirmation to a floor vote.
The work of enforcers like DoJ Antitrust Division boss Jonathan Kanter, FTC chair Lina Khan, and SEC chair Gary Gensler is at the heart of Bidenomics: the muscular, fearless deployment of existing regulatory authority to make life better for everyday Americans.
But of course, "existing regulatory authority" isn't the last word. The judges filling stolen seats on the illegitimate Supreme Court had invented the "major questions doctrine" and have used it as a club to attack Biden's photocopier-kickers. There's real danger that Cemex – and other key actions – will get fast-tracked to SCOTUS so the dotards in robes can shatter our dreams for a better America.
Meyerson is cautiously optimistic here. At 40% (!), the Court's approval rating is at a low not seen since the New Deal showdowns. The Supremes don't have an army, they don't have cops, they just have legitimacy. If Americans refuse to acknowledge their decisions, all they can do it sit and stew:
https://pluralistic.net/2023/05/26/mint-the-coin-etc-etc/#blitz-em
The Court knows this. That's why they fume so publicly about attacks on their legitimacy. Without legitimacy, they're nothing. With the Supremes' support at 40% and union support at 70%, any judicial attack on Cemex could trigger term-limits, court-packing, and other doomsday scenarios that will haunt the relatively young judges for decades, as the seats they stole dwindle into irrelevance. Meyerson predicts that this will weigh on them, and may stay their hands.
Meyerson might be wrong, of course. No one ever lost money betting on the self-destructive hubris of Federalist Society judges. But even if he's wrong, his point is important. If the Supremes frustrate the democratic will of the American people, we have to smash the Supremes. Term limits, court-packing, whatever it takes:
https://pluralistic.net/2020/09/20/judicial-equilibria/#pack-the-court
And the more we talk about this – the more we make this consequence explicit – the more it will weigh on them, and the better the chance that they'll surprise us. That's already happening! The Supremes just crushed the Sackler opioid crime-family's dream of keeping their billions in blood-money:
https://pluralistic.net/2023/08/11/justice-delayed/#justice-redeemed
But if it doesn't stop them? If they crush this dream, too? Pack the court. Impose term limits. Make it the issue. Don't apologize, don't shrug it off, don't succumb to learned helplessness. Make it our demand. Make it a litmus test: "If elected, will you vote to pack the court and clear the way for democratic legitimacy?"
Meanwhile, Cemex is already bearing fruit. After an NYC Trader Joe's violated the law to keep Trader Joe's United from organizing a store, the workers there have petitioned to have their union automatically recognized under the Cemex rule:
https://truthout.org/articles/trader-joes-union-files-to-force-company-to-recognize-union-under-new-nlrb-rule/
With the NLRB clearing the regulatory obstacles to union recognition, America's largest unions are awakening from their own long slumbers. For decades, unions have spent a desultory 3% of their budgets on organizing workers into new locals. But a leadership upset in the AFL-CIO has unions ready to catch a wave with the young workers and their 88% approval rating, with a massive planned organizing drive:
https://prospect.org/labor/labors-john-l-lewis-moment/
Meyerson calls on other large unions to follow suit, and the unions seem ready to do so, with new leaders and new militancy at the Teamsters and UAW, and with SEIU members at unionized Starbucks waiting for their first contracts.
Turning union-supporting workers into unionized workers is key to fighting Supreme Court sabotage. Organized labor will give fighters like Abruzzo the political cover she needs to Get Shit Done. A better America is possible. It's within our grasp. Though there is a long way to go, we are winning crucial victories all the time.
The centrist message that everything is fine and change is impossible is designed to demoralize you, to win the fight in your mind so they don't have to win it in the streets and in the jobsite. We don't have to give them that victory. It's ours for the taking.
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If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2023/09/06/goons-ginks-and-company-finks
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Whether you call it “tattleware,” “bossware,” or “surveillance capitalism,” Sen. Bob Casey (D-Pa.) has had enough of exploitative workplace monitoring technologies. Late last week, Casey and a handful of other Senate Democrats introduced the Stop Spying Bosses Act, which would help protect workers from intrusive employer surveillance both on and off the clock.
The legislation would require “timely and public” disclosures by companies about the data they’re collecting on employees, prohibit businesses from using surveillance practices that obstruct union organizing or monitor workers while they’re off the clock, and create a new division of the Department of Labor to regulate workplace surveillance. Sens. Cory Booker, John Fetterman, Elizabeth Warren, and Brian Schatz are cosponsoring the bill, which has also garnered support from some major labor groups.
Workplace surveillance has been a growing area of concern for Democrats in the past few years, as the shift to remote work during the pandemic has prompted increased use of employee monitoring technologies. Since the onset of the pandemic, the percentage of large companies that digitally monitor their workers has doubled, to more than 60%. At a time when managers can no longer keep an eye on workers in the office, they’ve increasingly relied on technologies such as keylogger software, geolocation tools that track workers’ physical movements, and even software that monitors worker attentiveness with webcams, using biometric data to scrutinize minute body movements and facial expressions.
Currently, federal law gives workers few protections from these kinds of surveillance practices. The Electronic Communications Privacy Act of 1986 does have some safeguards against workplace monitoring, but it has wide-ranging exceptions that allow employers to keep tabs on virtually all communications for “legitimate business purposes.” Currently, no federal law requires employers to disclose that they are monitoring workers, though individual states are increasingly taking steps to protect workers’ rights. In May 2022, for example, New York passed a law requiring private companies to publicly disclose whether employees will be electronically monitored, following similar legislation in Delaware and Connecticut. In California, a bill introduced last year would eliminate tools like facial recognition and emotion recognition technologies from the workplace.
The National Labor Relations Board is beginning to address the issue at the federal level, too. Last fall, the agency’s general counsel, Jennifer Abruzzo, issued a memo indicating that companies have overreached with their aggressive surveillance. She recommended that the NLRB impose a requirement that employers tell workers about the surveillance tools they use to monitor them, the justifications for those tools, and how they use the information they collect from workers.
In the memo, Abruzzo also acknowledged “abusive electronic monitoring” could interfere with employees’ right to organize a union or engage in other protected labor activities. As I’ve written before, unions around the country are currently in the middle of negotiating how data collected on workers can be used by employers. At companies like Amazon, unionization efforts are being driven partly by a culture of relentless workplace surveillance—and in some cases employers are responding to unionization efforts by doubling down on digital monitoring. Whole Foods, which is owned by Amazon, used heat maps to identify its stores at risk of unionization, according to Insider.
While the bill isn’t likely to pass in a divided Congress, it’s a sign that the proliferation of workplace surveillance during the pandemic is finally getting more national attention. “As the power imbalance in workplaces continues to grow, employers are increasingly using invasive surveillance technologies that allow them to track their workers like pieces of equipment,” Casey said in a statement introducing the legislation. “The Stop Spying Bosses Act is a first step to level the playing field for workers by holding their bosses accountable.”
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reasonsforhope · 7 months
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Version that doesn't require sign-in.
"Hot Labor Summer just became a scorcher.
[On August 25, 2023], the National Labor Relations Board released its most important ruling in many decades. In a party-line decision in Cemex Construction Materials Pacific, LLC, the Board ruled that when a majority of a company’s employees file union affiliation cards, the employer can either voluntarily recognize their union or, if not, ask the Board to run a union recognition election. If, in the run-up to or during that election, the employer commits an unfair labor practice, such as illegally firing pro-union workers (which has become routine in nearly every such election over the past 40 years, as the penalties have been negligible), the Board will order the employer to recognize the union and enter forthwith [a.k.a. immediately] into bargaining.
The Cemex decision was preceded by another, one day earlier, in which the Board, also along party lines, set out rules for representation elections which required them to be held promptly after the Board had been asked to conduct them, curtailing employers’ ability to delay them, often indefinitely.
Taken together, this one-two punch effectively makes union organizing possible again, after decades in which unpunished employer illegality was the most decisive factor in reducing the nation’s rate of private-sector unionization from roughly 35 percent to the bare 6 percent at which it stands today...
“This is a sea change, a home run for workers,” said Brian Petruska, an attorney for the Laborers Union who authored a 2017 law review article on how to effectively restore to workers their right to collective bargaining enshrined in the 1935 National Labor Relations Act, which was all but nullified by the act’s weakening over the past half-century. Taken together, Petruska added, last week’s decisions recreate “a system with no tolerance for employers’ coercion of their employees” when their employees seek their legal right to collective bargaining...
Since the days of Lyndon Johnson, every time that the Democrats have controlled the White House and both houses of Congress, they’ve tried to put some teeth back into the steadily more toothless NLRA. But they’ve never managed to muster the 60 votes needed to get those measures through the Senate. The Cemex ruling actually goes beyond much of what was proposed in those never-enacted bills."
-via The American Prospect, August 28, 2023
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Note: I didn't include it because the paragraphs about it went super into the weeds, but the reason all of this is happening is because of the NRLB's general counsel, Jennifer Abruzzo, who was appointed by Biden. In fact, according to this article, this "secures Abruzzo’s place as the most important public official to secure American workers’ rights since New York Sen. Robert Wagner, who authored the NLRA in 1935." Voting matters
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iww-gnv · 8 months
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The National Labor Relations Board is poised to release a number of decisions in the next two weeks with the potential to significantly alter the nation’s labor doctrine in favor of unions, as Democratic board member Gywnne Wilcox’s term draws to a close later this month. The cases, which have been fully briefed, are part of an effort NLRB General Counsel Jennifer Abruzzo outlined two years ago to overturn roughly 50 board precedents. The board has already adopted several of her desired changes to labor law, including protections for workers using profanity and limiting handbook provisions that could interfere with employees’ rights to organize. Wilcox, a former union lawyer who has served on the board since 2021, is up for confirmation in the Senate, but lawmakers didn’t bring her renomination to a vote before the August recess. Her current term will end Aug. 27.
[Read the rest]
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sataniccapitalist · 17 days
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triviallytrue · 2 years
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don't really think "Biden is secretly anti-union" is a valid criticism
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haitilegends · 1 year
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"If you haven’t watched Inside Man yet what are you doing "
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Atkins Estimond
Biography:
"Atkins Estimond is quickly making a name for himself in the entertainment industry by playing an array of characters from a doctor to a hacker, from a laidback optimist to a gangster who follows a code of ethics. He currently stars in Jerry Bruckheimer's critically acclaimed drama series, "Hightown" (STARZ) alongside Monica Raymund and James Badge Dale. Set in Provincetown, Massachusetts, the series follows a hard-partying National Marine Fisheries Service agent, Jackie Quiñones (Raymund), whose life is thrown into disarray when she discovers a body on the beach - another casualty of the opioid epidemic. She is convinced it is up to her to solve the murder, putting her at odds with Cape Cod Interagency Narcotics Unit sergeant, Ray Abruzzo (Dale). Estimond shines as Osito, a hardened gangster, who is of Haitian and Dominican decent, and is connected to the investigation. Critics have praised Estimond's performance: "the standouts include...Estimond as a killer with a philosophical cast of mind" (The New York Times) and "With every episode, Estimond adds new fascinating layers to his character" (RogerEbert.com) to name a few. Season two of "Hightown" premiered on October 17, 2021.
Estimond is also set to appear in BBC One and Netflix's four-part thriller series, "Inside Man" opposite Stanley Tucci (premiere date TBA). The series follows a prisoner on death row in the US, a Vicar in a quiet English town, and a maths teacher trapped in a cellar, as they cross paths in the most unexpected way. He is also known for his role as the eternal optimist, Gerson, in AMC's and Paul Giamatti's critically acclaimed dramedy series, "Lodge 49" alongside Wyatt Russell.
Additional television credits include recurring roles in FOX's "The Resident," Crackle's "StartUp" alongside Adam Brody, and Playstation Network's "Powers" with Sharlto Copley, as well as guest starring roles in ABC's "How to Get Away with Murder," YouTube Premium's "Step Up: High Water," truTV's "Bobcat Goldthwait's Misfits & Monsters," OWN's "Love Is_" and SundanceTV's "Hap and Leonard."
On the film side, his credits include Roadside Attractions' "Trial by Fire," Samuel Goldwyn Films' "Lila & Eve" with Jennifer Lopez and Viola Davis, Gravitas Ventures' "Folk Hero & Funny Guy" and "An Actor Prepares," Columbia Pictures' "SuperFly," Universal Pictures' "Get On Up" and his film debut in "Dumb and Dumber To" opposite Jim Carrey and Jeff Daniels.
Born in Ft. Lauderdale, Florida and raised in Atlanta to Haitian immigrant parents, Estimond started acting in high school productions his freshman year. His love of acting began from watching movies as a child and seeing his older brother perform in plays at the local Boys & Girls Club. After graduation, he pursued a career in music, playing guitar in a band. Then, he went on to pursue acting, booking roles in "Dumb and Dumber To" and Lifetime's hit series' "Devious Maids." Additionally, Estimond enrolled at University of North Georgia, to hone in on his craft, majoring in Theatre, while continuing to book roles in film and television. He eventually decided to pursue acting full time and has been working ever since. He hopes that by increasing his visibility that he can inspire more Haitians to pursue a career in the entertainment industry and ultimately be able to tell stories about Haiti and its rich culture.
Estimond currently resides in Atlanta with his wife, Kristen, and their two daughters. When he's not on set, he enjoys spending time with family, playing music and traveling."
Source:
#InsideMan #BBCiPlayer #iPlayer #netflix
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carriesthewind · 1 year
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Anyway here's some actual straightforwardly positive legal news:
"In the memo, sent to regional offices, General Counsel Jennifer Abruzzo addressed what had been one of the largest questions that resulted from the ruling: Does it retroactively void broad non-disparagement agreements that were signed prior to the February ruling? Abruzzo wrote that the decision does, in fact, have “retroactive application,” meaning that already-signed and “overly broad” non-disparagement clauses are no longer considered valid by the NLRB.
...
Additionally, Abruzzo provided clarification around what non-disparagement and confidentiality clauses may still be considered legal. The provisions, she said, must be “narrowly-tailored.” In the case of confidentiality, the clause must serve to keep proprietary trade information secret “for a period of time based on legitimate business justifications may be considered lawful,” but must not have “a chilling effect that precludes employees from assisting others” or communicating with the media, a union, or other third parties.
With regards to non-disparagement, Abruzzo similarly said the provision must not only be both “narrowly-tailored” and “justified,” but limited to statements by an employee that fit the legal definition of defamation, meaning they are purposefully and maliciously untrue."
(The full guidance is linked in the article for my fellow nerds.)
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cynicaldom · 2 years
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It's humbling how wrong I was about Biden. A very welcome shock.
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#CorpMedia #Idiocracy #Oligarchs #MegaBanks vs #Union #Occupy #NoDAPL #BLM #SDF #DACA #MeToo #Humanity #DemExit #FeelTheBern
Whole Foods’ Battle Against Black Lives Matter Masks Has Much Higher Stakes
https://www.bloomberg.com/news/features/2022-08-15/biden-lawyer-battles-whole-foods-over-black-lives-matter-masks
Jennifer Abruzzo, general counsel at the NLRB, is seeking a ruling that would give US workers something more like free speech...
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Housing is a labor issue
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There's a reason Reagan declared war on unions before he declared war on everything else – environmental protection, health care, consumer rights, financial regulation. Unions are how working people fight for a better world for all of us. They're how everyday people come together to resist oligarchy, extraction and exploitation.
Take the 2019 LA teachers' strike. As Jane McAlevey writes in A Collective Bargain, the LA teachers didn't just win higher pay for their members! They also demanded (and got) an end to immigration sweeps of parents waiting for their kids at the school gate; a guarantee of green space near every public school in the city; and on-site immigration counselors in LA schools:
https://pluralistic.net/2023/04/23/a-collective-bargain/
Unionization is enjoying an historic renaissance. The Hot Labor Summer transitioned to an Eternal Labor September, and it's still going strong, with UAW president Shawn Fain celebrating his members victory over the Big Three automakers by calling for a 2028 general strike:
https://www.teenvogue.com/story/uaw-general-strike-no-class
The rising labor movement has powerful allies in the Biden Administration. NLRB general counsel Jennifer Abruzzo is systematically gutting the "union avoidance" playbook. She's banned the use of temp-work app blacklists that force workers to cross picket lines:
https://pluralistic.net/2023/07/30/computer-says-scab/#instawork
She's changed the penalty for bosses who violate labor law during union drives. It used to be the boss would pay a fine, which was an easy price to pay in exchange for killing your workers' union. Now, the penalty is automatic recognition of the union:
https://pluralistic.net/2023/09/06/goons-ginks-and-company-finks/#if-blood-be-the-price-of-your-cursed-wealth
And while the law doesn't allow Abruzzo to impose a contract on companies that refuse to bargain their unions, she's set to force those companies to honor other employers' union contracts until they agree to a contract with their own workers:
https://onlabor.org/gc-abruzzo-just-asked-the-nlrb-to-overturn-ex-cell-o-heres-why-that-matters/
She's also nuking TRAPs, the deals that force workers to repay their employers for their "training expenses" if they have the audacity to quit and get a better job somewhere else:
https://pluralistic.net/2023/09/14/prop-22-never-again/#norms-code-laws-markets
(As with every aspect of the Biden White House, its labor policy is contradictory and self-defeating, with other Biden appointees working to smash worker power, including when Biden broke the railworkers' strike:)
https://pluralistic.net/2023/09/18/co-determination/#now-make-me-do-it
A surging labor movement opens up all kinds of possibilities for a better world. Writing for the Law and Political Economy Project, UNITE Here attorney Zoe Tucker makes the case for unions as a way out of America's brutal housing crisis:
https://lpeproject.org/blog/why-unions-should-join-the-housing-fight/
She describes how low-waged LA hotel workers have been pushed out of neighborhoods close to their jobs, with UNITE Here members commuting three hours in each direction, starting their work-days at 3AM in order to clock in on time:
https://twitter.com/MorePerfectUS/status/1669088899769987079
UNITE Here members are striking against 50 hotels in LA and Orange County, and their demands include significant cost-of-living raises. But more money won't give them back the time they give up to those bruising daily commutes. For that, unions need to make housing itself a demand.
As Tucker writes, most workers are tenants and vice-versa. What's more, bad landlords are apt to be bad bosses, too. Stepan Kazaryan, the same guy who owns the strip club whose conditions were so bad that it prompted the creation of Equity Strippers NoHo, the first strippers' union in a generation, is also a shitty landlord whose tenants went on a rent-strike:
https://pluralistic.net/2023/05/20/the-missing-links/#plunderphonics
So it was only natural that Kazaryan's tenants walked the picket line with the Equity Stripper Noho workers:
https://twitter.com/glendaletenants/status/1733290276599570736?s=46
While scumbag bosses/evil landlords like Kazaryan deal out misery retail, one apartment building at a time, the wholesale destruction of workers' lives comes from private equity giants who are the most prolific source of TRAPs, robo-scabbing apps, illegal union busting, and indefinite contract delays – and these are the very same PE firms that are buying up millions of single-family homes and turning them into slums:
https://pluralistic.net/2022/02/08/wall-street-landlords/#the-new-slumlords
Tucker's point is that when a worker clocks out of their bad job, commutes home for three hours, and gets back to their black-mold-saturated, overpriced apartment to find a notice of a new junk fee (like a surcharge for paying your rent in cash, by check, or by direct payment), they're fighting the very same corporations.
Unions who defend their workers' right to shelter do every tenant a service. A coalition of LA unions succeeded in passing Measure ULA, which uses a surcharge on real estate transactions over $5m to fund "the largest municipal housing program in the country":
https://unitedtohousela.com/app/uploads/2022/05/LA_City_Affordable_Housing_Petition_H.pdf
LA unions are fighting for rules to limit Airbnbs and other platforms that transform the city's rental stock into illegal, unlicensed hotels:
https://upgo.lab.mcgill.ca/publication/strs-in-los-angeles-2022/Wachsmuth_LA_2022.pdf
And the hotel workers organized under UNITE Here are fighting their own employers: the hoteliers who are aggressively buying up residences, evicting their long-term tenants, tearing down the building and putting up a luxury hotel. They got LA council to pass a law requiring hotels to build new housing to replace any residences they displace:
https://www.latimes.com/california/story/2023-11-28/airbnb-operators-would-need-police-permit-in-l-a-under-proposed-law
UNITE Here is bargaining for a per-room hotel surcharge to fund housing specifically for hotel workers, so the people who change the sheets and clean the toilets don't have to waste six hours a day commuting to do so.
Labor unions and tenant unions have a long history of collaboration in the USA. NYC's first housing coop was midwifed by the Amalgamated Clothing Workers of America in 1927. The Penn South coop was created by the International Ladies Garment Workers’ Union. The 1949 Federal Housing Act passed after American unions pushed hard for it:
http://www.peterdreier.com/wp-content/uploads/2014/07/Labors-Love-Lost.pdf
It goes both ways. Strong unions can create sound housing – and precarious housing makes unions weaker. Remember during the Hollywood writers' strike, when an anonymous studio ghoul told the press the plans was to "allow things to drag on until union members start losing their apartments and losing their houses?"
Vienna has the most successful housing in any major city in the world. It's the city where people of every income and background live in comfort without being rent-burdened and without worry about eviction, mold, or leaks. That's the legacy of Red Vienna, the Austrian period of Social Democratic Workers' Party rule and built vast tracts of high-quality public housing. The system was so robust that it rebounded after World War II and continues to this day:
https://www.politico.eu/article/vienna-social-housing-architecture-austria-stigma/
Today, the rest of the world is mired in a terrible housing crisis. It's not merely that the rent's too damned high (though it is) – housing precarity is driving dangerous political instability:
https://pluralistic.net/2021/06/06/the-rents-too-damned-high/
Turning the human necessity of shelter into a market commodity is a failure. The economic orthodoxy that insists that public housing, rent control, and high-density zoning will lead to less housing has failed. rent control works:
https://pluralistic.net/2023/05/16/mortgages-are-rent-control/#housing-is-a-human-right-not-an-asset
Leaving housing to the market only produces losers. If you have the bad luck to invest everything you have into a home in a city that contracts, you're wiped out. If you have the bad luck into invest everything into a home in a "superstar city" where prices go up, you also lose, because your city becomes uninhabitable and your children can't afford to live there:
https://pluralistic.net/2021/09/27/lethal-dysfunction/#yimby
A strong labor movement is the best chance we have for breaking the housing deadlock. And housing is just for starters. Labor is the key to opening every frozen-in-place dysfunction. Take care work: the aging, increasingly chronically ill American population is being tortured and murdered by private equity hospices, long-term care facilities and health services that have been rolled up by the same private equity firms that destroyed work and housing:
https://pluralistic.net/2023/04/26/death-panels/#what-the-heck-is-going-on-with-CMS
In her interview with Capital & Main's Jessica Goodheart, National Domestic Workers Alliance president Ai-jen Poo describes how making things better for care workers will make things better for everyone:
https://prospect.org/labor/2023-12-13-labor-leader-ai-jen-poo-interview/
Care work is a "triple dignity investment": first, it makes life better for the worker (most often a woman of color), then, it allows family members of people who need care to move into higher paid work; and of course, it makes life better for people who need care: "It delivers human potential and agency. It delivers a future workforce. It delivers quality of life."
The failure to fund care work is a massive driver of inequality. America's sole federal public provision for care is Medicaid, which only kicks in after a family it totally impoverished. Funding care with tax increases polls high with both Democrats and Republicans, making it good politics:
https://www.dataforprogress.org/blog/2021/4/7/voters-support-investing-in-the-care-economy
Congress stripped many of the care provisions from Build Back Better, missing a chance for an "unprecedented, transformational investment in care." But the administrative agencies picked up where Congress failed, following a detailed executive order that identifies existing, previously unused powers to improve care in America. The EO "expands access to care, supports family caregivers and improves wages and conditions for the workforce":
https://www.whitehouse.gov/briefing-room/presidential-actions/2023/04/18/executive-order-on-increasing-access-to-high-quality-care-and-supporting-caregivers/
States are also filling the void. Washington just created a long-term care benefit:
https://apnews.com/article/washington-long-term-care-tax-disability-cb54b04b025223dbdba7199db1d254e4
New Mexicans passed a ballot initiative that establishes permanent funding for child care:
https://www.cwla.org/new-mexico-votes-for-child-care/
New York care workers won a $3/hour across the board raise:
https://inequality.org/great-divide/new-york-budget-fair-pay-home-care/
The fight is being led by women of color, and they're kicking ass – and they're doing it through their unions. Worker power is the foundation that we build a better world upon, and it's surging.
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If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2023/12/13/i-want-a-roof-over-my-head/#and-bread-on-the-table
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If Republicans take control of the House this fall, they plan on using debt limit talks — and the possibility of throwing the U.S. into default — if they don’t get their way on slashing government programs.
According to a new interview with House Minority Leader Kevin McCarthy (R-California), the party is planning on using must-pass debt ceiling legislation to force through the GOP’s agenda.
“You can’t just continue down the path to keep spending and adding to the debt,” McCarthy said in an interview with Punchbowl News, ignoring the fact that economists view national debt obligations as often signaling the health of the economy. “We’re not just going to keep lifting your credit card limit, right,” he continued. “And we should seriously sit together and [figure out] where can we eliminate some waste? Where can we make the economy grow stronger?”
When McCarthy refers to eliminating so-called waste, it is likely that he is referring to, among other things, the GOP’s plans to cut Medicare and Social Security, two of the most popular and vital anti-poverty government programs in the U.S.
Republicans have been attacking the programs over the past months. Sen. Ron Johnson (R-Wisconsin) has threatened to put budgets up to congressional debate every year, which would almost definitely lead to cuts. Alarmingly, earlier this year, the Republican Study Committee, the largest Republican caucus in the House, put out a plan to raise the age at which people receive full benefits from both programs to 70, while implementing a rule that would raise the eligibility age over time.
The debt ceiling is an effective bludgeon for Republicans to use for this purpose. The debt ceiling accounts for government funding to provide promised payments for programs like Medicare and Social Security, as well as military salaries and other “existing legal obligations,” according to the Treasury Department.
Republicans had threatened to put the U.S. in default last September, after former President Donald Trump urged the party to do so. They appeared to be posing as deficit hawks — something they only do when a Democrat is in charge — while Democrats were debating the Build Back Better Act.
If they pull a similar move in 2023, it could be similar to 2011, when the GOP manufactured a debt ceiling crisis that ultimately “led directly to the worst recovery following a recession since World War II,” according to the Economic Policy Institute.
If the debt ceiling isn’t raised by fall of 2023, when the government is slated to run out of funding, the U.S. could find itself in a situation similar to last year, when it was at risk of defaulting on its loans. This could have triggered a global recession and would have disastrous short- and long-term consequences for the U.S., as the creditworthiness of the country would be ruined.
In other words, Republicans appear to be willing to hold the U.S. and global economy on the brink of disaster in order to force Democrats to capitulate to their demands.
This way, too, Republicans can blame whatever economic fallout will come with either a default, government shutdown or cuts to Medicare and Social Security on Democrats. By pursuing these cuts during a Democratic presidency, they can point fingers at President Joe Biden if they are pushed through — potentially providing the GOP with a weapon come the 2024 election.
Republicans are laying out other plans for if they take the House, which polls say they are likely to do. GOP members of the House Education and Labor Committee have made a list of prominent labor officials like Labor Secretary Marty Walsh and National Labor Relations Board General Counsel Jennifer Abruzzo as well as Biden’s pro-worker task force to target with hearings and attacks if they take control of the House.
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b3aches · 5 months
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Region 29-Brooklyn Wins Administrative Law Judge Decision Finding Amazon Unlawfully Retaliated Against Workers for Their Union Activities | National Labor Relations Board
On November 21, 2023, Administrative Law Judge Lauren Esposito issued a decision finding that Amazon.com Services LLC (Amazon) violated the National Labor Relations Act by dismissing employees early, altering employees’ work assignments, and subjecting employees to closer supervision in retaliation for the employees’ support for the Amazon Labor Union (the Union), or for engaging in protected concerted activities. The decision also found Amazon unlawfully interrogated employees, disparaged the Union by using appeals to racial prejudice and derogatory racial stereotyping, and prohibited employees from distributing Union literature and confiscating Union literature from employees. Judge Esposito ordered Amazon to cease and desist from further unlawful activity and to make the adversely affected worker whole for any loss of earnings and other benefits including any other direct or foreseeable pecuniary harms and any adverse tax consequences. Amazon must also post copies of a Notice to Employees for 60 days at its JFK8 and DYY6 facilities on Staten Island, New York, and distribute the Notice to Employees electronically. “Workers have the right to advocate collectively for a more equitable workplace — and it is unlawful for employers to prohibit or retaliate against them for doing so,” said NLRB Region 29 Director Teresa Poor. “I’m proud of the staff of Region 29 for diligently pursuing this significant case and litigating for strong, meaningful remedies.” The Judge’s Decision and Order was issued based on a Complaint and Notice of Hearing issued by Kathy Drew King, former Regional Director of Region 29 of the NLRB. Field Attorneys Emily Cabrera and Matthew Jackson of the NLRB’s Region 29 represented General Counsel Jennifer Abruzzo in proceedings before Judge Esposito.
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rbhcom55 · 1 year
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petnews2day · 1 year
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Jorts The Cat Wants You To Fight Back
New Post has been published on https://petn.ws/02Ba0
Jorts The Cat Wants You To Fight Back
Jorts The Cat has about a quarter million Twitter followers — more than the AFL-CIO. Jennifer Abruzzo of the National Labor Relations Board knows him. Sara Nelson of the Association of Flight Attendants-CWA loves him. Actress Lynda Carter chit-chats with him. He’s on picket signs. He’s in the Wall Street Journal. He’s sometimes (unintentionally) in the trash can, […]
See full article at https://petn.ws/02Ba0 #CatsNews
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NLRB Notes Rising Complaints about Safety and Inequity
The National Labor Relations Board (NLRB), which enforces employees’ workplace rights, is seeing a trend of workers advocating for racial justice and safety, Jennifer Abruzzo, the NLRB general counsel, told attendees at SHRM’s Employment Law & Compliance Conference in Washington, D.C., on Feb. 27. https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/nlrb-panel-conference.aspx?utm_source=dlvr.it&utm_medium=tumblr
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