imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

The First Phase Needed in Passing the Employee Free Choice Act is to Overturn the NLRB

by Employee Free Choice Act Now .Org Sunday, Feb. 15, 2009 at 10:38 PM

Card Check Ruling on Dana-Metaldyne.

The First Phase Need...
nlrbsteppingonworkers.jpg, image/jpeg, 540x389



The National Labor Relations Board (NLRB) rewrote in September a 40-year-old doctrine that will undermine one of labor’s more successful organizing tactics—card-check recognition. Card check allows workers to gain union recognition by a simple majority show of authorization cards.

This tactic is usually spelled out in a “neutrality” agreement in which an employer agrees not to attack the union while it recruits the majority necessary to gain recognition. Card check, neutrality, and other forms of voluntary recognition have been considered legitimate since the National Labor Relations Act was validated by the Supreme Court in 1937.

The September ruling, known as Dana/Metaldyne—the name is drawn from the two auto-parts plants involved—concerns a pair of factories where the United Auto Workers gained recognition through card check in 2003. In both cases, the UAW had contracts at other units with the companies and had negotiated a neutrality and card-check agreement. Also in both cases, anti-union employees filed a decertification petition within weeks of recognition.

http://www.nlrb.gov/shared_files/OM%20Memo/2008/OM%2008-07%20Dana%20Corp%20351%20NLRB%20No%2028.pdf

While not outright banning card check or neutrality agreements, the NLRB may have undermined their effectiveness. As soon as a majority gains recognition by a show of cards, the board decided anti-union employees can file for decertification if 30 percent of workers petition for it.

‘BUSH’S BOARD’Nevertheless, the turn to card check and neutrality agreements is a consequence of the undermining of the NLRB procedures over the last 30 or more years.

An indicator of the employers’ willingness to break the law has been the rise of Unfair Labor Practices associated with NLRB elections. According the NLRB Annual Reports, the ratio of ULPs to representation elections rose from 2-to-3 in the mid-1950s to almost 9-to-1 in 2006.

Another indicator of illegal employer resistance is the number of ULP cases in which union activists fired during a campaign win back pay. Even though the number of representation elections has slumped over the years, the number of back pay awards has risen dramatically.

In the 1970s there were about 7,000 representation elections a year and about 7,000 back pay awards each year. In the 1980s the number of elections dropped to about 3,500 a year while pay back awards soared to 20,000 a year.

The trend continues to grow. The past four years saw an annual average of 2,500 elections and 28,000 back pay awards.

The Dana/Metaldyne decision is just one of 61 rulings pushed through by the Bush-appointed board in September, almost all of which are anti-union. For example, St. George’s Warehouse shifts the burden of proof from employers to fired workers in back pay cases.

As Mineworkers President Cecil Roberts said at a rally protesting these NLRB decisions, “This is Bush’s board. This is the Chamber of Commerce’s board…This sure as hell ain’t the labor board.”

Over the last two decades, the card check method has gained popularity. To avoid the time, cost and hard feelings caused by Board-sanctioned elections, many companies have seen the wisdom in taking a chance on card check. In their view, if their employees really, truly want to join up, there’s no point in delaying or resisting the inevitable.

It goes without saying that organized labor much prefers card check to NLRB elections. Besides the lack of bureaucratic red tape, a card check vote usually (but not always) means that the company won’t resort to stalling tactics or inundate its employees with virulent anti-union propaganda.

A couple of years ago, the employees of Dana and Metaldyne voted by card check to join the United Auto Workers (UAW). The card check procedure went off without any major problems. The company was fine with it, the UAW was fine with it, and, because a majority is required to approve it, the majority of the workers were obviously fine with it.

But shortly afterward, a group of disgruntled employees petitioned the NLRB, asking that the affiliation be overturned and that a sanctioned union election be held instead. The regional NLRB office denied the request. They ruled that the card check had been done properly, and that these new union members were now required to wait the standard one year before filing a “decertification” petition (a request to leave the union).

This one-year “grace period” is an eminently practical restriction. Workers who join a union for the first time are often skittish and uncertain. While they’re excited and optimistic about improving their economic status, they’re also frightened by management horror stories about union thuggery and companies shutting down as the result of strikes.

Moreover, these “newbies” generally don’t have a clue as to what the contract bargaining process entails, or what tricks management can use against them. They are unaware that companies, in direct violation of federal labor law provisions requiring them to bargain in good faith, often purposely stall the process, hoping the membership becomes so unnerved and disenchanted that they take steps to decertify.

Unlike those aforementioned rare instances where the NLRB forces union recognition on a company, these panicky decertification initiatives are not rare. In fact, they are all too common. The companies know this. That’s why so many of them try to torpedo that all-important, first contract negotiation, hoping to exploit the ignorance and uncertainty of novice memberships. And that’s why the NLRB makes the members wait at least a year before reconsidering.

However, in the matter of Dana-Metaldyne, it gets much worse. Despite the regional NLRB’s ruling, a fanatical, anti-union organization called the National Right to Work Legal Defense Foundation jumped into the fray and filed federal charges, claiming that these employees (those who didn’t sign cards) had been deprived of due process.

And, in 2007, the Republican-dominated NLRB overruled its regional office. The national NLRB declared that if a minimum of 30 per cent of a workforce signed a petition within 45 days of becoming union members—asking that the card check decision be put aside, and that a full-blown union election be held—it was a legal mandate.

Of course, 45 days is a ridiculously small window. Nothing is going to happen in 45 days. Nothing is going to occur in 45 days that confirms or refutes the ultimate viability or productivity of one’s union. The NLRB may as well have made it three days, the standard “buyer’s remorse” period on a credit card purchase.

Getting back to the EFCA, everyone agrees that its enactment would be a huge advantage for unions. Even though the Democrats (including both Hillary Clinton and Obama, when they were candidates) have promised organized labor they’ll give the EFCA their very best shot, labor has been left at the altar so many times, you can’t blame them for looking at this thing with a jaundiced eye. What the Obama administration does with this landmark bill remains to be seen.

But the Dana-Metaldyne decision is a whole other deal. By appointing new members to the NLRB, as is his right as president—and having an activist Labor Secretary like Hilda Solis leading the charge—Obama can get the Dana-Metaldyne decision overturned. It can be fixed, and fixed immediately.

For More Information on EFCA please visit our websites and blog

http://www.employeefreechoiceactnow.org

http://efcanow.blogspot.com/

http://www.FreeChoiceActNow.Org

http://www.LaborUnionResources.Org



Tags: Employee Free Choice Act, EFCA, Card Check, Card Check Bill, Hilda Solis, Obama, Dana-Metaldyne,NLRB Decisions, Labor Board Labor Law, Labor Unions,Unions
Report this post as:

Employee Free Choice Act Now .Org

by Employee Free Choice Act Now .Org Sunday, Feb. 15, 2009 at 10:38 PM

Employee Free Choice...
efcanow.org.jpg, image/jpeg, 500x358

For More Information on EFCA please visit our websites and blog

http://www.employeefreechoiceactnow.org

http://efcanow.blogspot.com/

http://www.FreeChoiceActNow.Org

http://www.LaborUnionResources.Org

Report this post as:

Local News

Change Links September 2018 posted S02 10:22PM

More Scandals Rock Southern California Nuke Plant San Onofre A30 11:09PM

Site Outage Friday A30 3:49PM

Change Links August 2018 A14 1:56AM

Setback for Developer of SC Farm Land A12 11:09PM

More problems at Shutdown San Onofre Nuke J29 10:40PM

Change Links 2018 July posted J09 8:27PM

More Pix: "Families Belong Together," Pasadena J02 7:16PM

"Families Belong Together" March, Pasadena J02 7:08PM

Short Report on the Families Belong Together Protest in Los Angeles J30 11:26PM

Summer 2018 National Immigrant Solidarity Network News Alert! J11 6:58AM

Watch the Debate: Excluded Candidates for Governor of California M31 5:20AM

Change Links June 2018 posted M28 7:41AM

The Montrose Peace Vigil at 12 Years M22 8:01PM

Unity Archive Project M21 9:42AM

Dianne Feinstein's Promotion of War, Secret Animal Abuse, Military Profiteering, Censorshi M17 10:22PM

CA Senate Bill 1303 would require an independent coroner rather than being part of police M10 9:08PM

Three years after OC snitch scandal, no charges filed against sheriffs deputies M10 8:57PM

California police agencies violate Brown Act (open meetings) M02 8:31PM

Insane Company Wants To Send Nuke Plant Waste To New Mexico A29 11:47PM

Change Links May 2018 A27 8:40AM

Worker-Owned Car Wash on Vermont Closed A27 5:37AM

GUIDE TO REBEL CITY LOS ANGELES AVAILABLE A13 12:39AM

lausd whistle blower A11 6:58AM

Website Upgrade A10 10:02AM

Help KCET and UCLA identify 60s-70s Chicano images A04 8:02PM

UCLA Luskin: Casting Youth Justice in a Different Light A02 6:58PM

Change Links April 2018 A01 6:27PM

More Local News...

Other/Breaking News

OUR HOUSE Grief Support Center Celebrates 25 Years with the House of Hope Gala S24 7:10PM

Against the Rent Madness and For a Nonprofit Orientation! S24 11:56AM

Cybermonde, cyberguerre, cyberespace, cyberterrorisme S24 6:35AM

Paraphysique de psychosomatique S22 6:58AM

Chuck Grassley: Women Abusing, Animal Murdering, Illegal War Supporting Criminal S22 2:58AM

Finance Capitalism and the Digital Economy S21 4:45PM

Muselières syndicales, muselières patronales S21 7:19AM

Jeff Bezos, Amazon, The Washington Post, Whole Foods, Etc S21 2:50AM

Why Choose Nut Milk Over Cows' Milk S21 1:01AM

Antrhopocène, le grand effondrement S19 9:53AM

Abolir l'économie S18 11:18AM

The Dictatorship of Corporations S17 5:26PM

18 Lethal Consequences Of Hunting S17 3:13PM

Paraphysique de l'outplacement déontologue S15 6:51AM

Shopping du bashing S14 8:42AM

After Lehman Brothers, Experts Say Global Financial Crisis Can Happen Again S13 8:28PM

“Animaniacs in Concert!” Starring Voice Legend Rob Paulsen S12 9:30PM

Probabilités de fin d'humanité S12 6:49AM

Florida Area of Migrant Farmworkers Denied Right to Construct Health Clinic near NaplesCIW S11 2:57AM

Steer clear of work morality! S09 12:10PM

The Shortwave Report 09/07/18 Listen Globally! S06 11:23PM

August 2018 Honduras Coup update S06 12:28PM

Brett Kavanaugh Filled The 5th Circuit With Execution Judges S06 6:14AM

Augusta Georgia Woman Gets 5 Year Prison Sentence for Writing About Russians Crime Acts S05 8:29AM

Paraphysique de contextualité S05 8:29AM

Crisis Regulation in Global Capitalism S03 3:39PM

Ex-voto de réification S03 10:24AM

Please Oppose Warmonger, Execution and Torture Supporting Bush Operative Brett Kavanaugh A31 10:45PM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy