• The
AFL-CIO will mount its most expensive and earliest ever effort
to influence elections this year to elect Senator John Kerry,
a "working family’s candidate." In
what will be the union’s most expensive and earliest-ever
effort to influence a presidential election, AFL-CIO President
John Sweeney is hoping to get a record number of union members
to the polls. The most prominent issues for organized labor
will include overtime, jobs and health care.
• New union, UNITE
HERE, spawned from merger of textile and apparel, and hotel
and restaurant employees’ unions. Bruce
Raynor will become the new General President and John Wilhelm
will become President/Hospitality Industries at a special
UNITE HERE joint convention in July. Raynor is currently
President of UNITE (the Union of Needletrades, Industrial
and Textile Employees), which was formed in 1995 through
a merger of the Amalgamated Clothing and Textile Workers
Union and the International Ladies Garment Workers Union.
UNITE has about 180,000 members. John Wilhelm is currently
president of HERE (the Hotel Employees and Restaurant Employees
International Union), which has about 260,000 members. Both
organizations, members of the AFL-CIO, have had major losses
in membership since the terrorist attacks of September 11,
2001. The attacks severely damaged the hospitality industry,
and UNITE has had ongoing losses, as textile and apparel
employment has declined by more than 200,000 in the last
two years alone. Both unions are currently each spending
about 50% of their budgets on organizing.
• The
National Labor Relations Act was violated by an employer
who asked employees to report "harassment" during
a union organizing effort. The Seventh Circuit Court of Appeals
enforced an NLRB Order against a company whose employees
were told during a management speech to inform management
if they were "harassed" about signing a union card
with the Laborers’ International Union. The court found
that the announcement had a potential chilling effect upon
the union effort: "Considering that the speech was made
immediately upon finding out about the Union’s presence,
without any knowledge of threats or harassment from the Union,
and targeted only union supporters, it was not unreasonable
for the NLRB to conclude that the speech encouraged employees
to report unionization efforts," according to the Court.
• Overnite
Transportation Company may proceed with a claim for damages
against Teamsters Local 480 in Nashville for
alleged civil contempt of injunctions governing strike conduct
at the Nashville terminal. Reversing a lower court which
had dismissed the Company’s petition, the Appeals Court
ruled that "even if the contemptuous conduct has ceased,
the doing of the forbidden act has not been ‘rectified,’ i.e.
made right, until damages have been paid to make whole the
party against whom the forbidden act was committed." The
contemptuous conduct occurred during a nationwide strike
that began in October 1999 and lasted three years. All of
the Overnite terminals in which the Teamsters had won recognition
have now been decertified, and Overnite is once again a union-free
company.
• The
proportion of employees in the United States who belong to
labor unions continued to decline in 2003, dropping to
12.9%, according to the Bureau of Labor Statistics. In the
private sector, membership fell in percentage terms to 8.2%,
down from 8.6% the year before. Public sector unions also
lost membership though the rate of unionization fell from
37.3% in 2002 to 37.2% in 2003.
• The
Department of Labor will soon publish the final version of
changes to the overtime rules. Democrats
will file a proposal
to rescind the rule under the 1996 Congressional Review Act.
Under that Act, Congress may veto new or revised rules of
a federal agency within a limited time. While the much-needed
changes in overtime exemptions have required years to achieve
and are unlikely to affect many unionized employees, organized
labor has shamefully misled the public as to the loss of
overtime eligibility that might be incurred, according to
Labor Secretary Elaine Chao.
• A
North Carolina newspaper violated the National Labor Relations
Act by threatening, suspending and firing a pressman who
accused his supervisor of not treating all pressmen equally
and called him a racist. According to the NLRB, the employee
was suspended for this conduct and upon using "stronger
language" was discharged. The NLRB held that the threat,
suspension and discharge all constituted unfair labor practices
because the employee was engaged in a protected concerted
activity.
• The
handbook of a gambling casino in Colorado was found to contain
a policy that violated the National Labor Relations
Act because it restricted employees’ communications
with each other and the press about wages, grievances and
other terms and conditions of employment. The NLRB found
that the prohibition of such discussions in "public
areas" of the casino’s property other than the
casino floor was a violation of the Act. Employee "gag
rules" are seldom found valid.
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