LaborUnionNews.com's Labor Relations Radio – Détails, épisodes et analyse

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Alex MacDonald, from the Workplace Policy Institute, returns to Labor Relations Radio to discuss the filing of an amicus brief (for a writ of certiorari) with the U.S. Supreme Court for the Court to clarify a prior decision from 1984 that, if successful, could weaken a new form of "exclusive representation" for unions.

Related:

* An Amicus Brief Was Just Filed With The Supreme Court Asking The Court To Hear The Issue Of Exclusive Representation 'Schemes'

* Labor Relations Radio E138 — Attorney Alex MacDonald On The Constitutionality Of 'Exclusive Representation'

* Political Unions, Free Speech, and the Death of Voluntarism: Why Exclusive Representation Violates the First Amendment [in PDF]

Go here for all prior episodes of Labor Relations Radio

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As Artificial Intelligence (AI) becomes more prevalent across various industries, one industry that is not often included in the AI discussion in the construction industry.

In this episode of Labor Relations Radio, Patrick Scarpati, Director of Construction Technology and Innovation for the Associated Builders and Contractors, joins host Peter List to discuss ABC’s new AI Resource Guide, the current uses of AI, as well as where AI may be headed.

As an added bonus: The outro for this episode was written and performed by AI for ABC. (😳)

Related:

* Visit our AI @ Work section here.

* Visit our AI @ Work Library here

* Labor Relations Radio, Ep. 1 –Guest: Associated Builders & Contractors’ Ben Brubeck Discusses President Biden's Recent Executive Order on PLAs and more

* Labor Relations Radio, Ep 11—Guest: Joe Perpiglia, ABC President of Eastern PA talks about union RCOs, sabotage and more...

* Labor Relations Radio, Ep. 33—ABC's Ben Brubeck on the PRO Act Senate Vote and More

* Labor Relations Radio, E106—ABC's Ben Brubeck on Biden's PLA Mandate, Joint Employer and Apprenticeship Rules

Go here for all prior episodes of Labor Relations Radio.

LaborUnionNews.com and Labor Relations Radio is a subscriber-supported publication. To receive new posts and support our work, become a paid subscriber.

Constitutional attorney Jeffrey Schwab from the Liberty Justice Center joins Labor Relations Radio to discuss a newly-filed case that, if successful, may open governments up to being “joint employers” with certain private-sector employers.

Schwab, who is not a labor attorney, served as counsel for Mark Janus in Janus v. AFSCME, the landmark case in which the United States Supreme Court found that public employees could not be compelled to pay money to a union without their consent.

In this most recent case, Schwab is representing two public defenders who work for the publicly-funded Legal Aid Society in New York City and are required to pay agency fees to the Association of Legal Aid Attorneys (ALAA).

The plaintiffs argue that, even though the Legal Aid Society is a private employer under the National Labor Relations Act, since the City of New York funds the pay and benefits and “attaches conditions that, at least in part, exert control over how LAS spends funds received by the City, including, for example, approving bonuses,” the protections under Janus v. AFSCME from being compelled to pay agency fees to a union should apply to them as well.

Related:

* Will A Lawsuit Over A Union's Alleged 'Anti-Semitism' Open The Door To Expanding Janus To The Private Sector?

* Legal Aid lawyers sue union, claiming that dues violate First Amendment

* Read the lawsuit in full here

For all prior episodes of Labor Relations Radio, go here.

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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. McCrory “has written for the glamorous telecom industry, represented actor Cliff Robertson as a Hollywood publicist, cranked out political propaganda and advertising copy (yes, there is a difference usually), has edited a couple of books and was just published in California's Best Emerging Poets' 2020 anthology.”

In this episode of Labor Relations Radio, McCrory and host Peter List discuss a wide array of topics, from his book to the role of unions and government, as well as issues affecting workers and the workplace.

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“My biggest problem with modernity may lie in the growing separation of the ethical and the legal” ― Nassim Nicholas Taleb

Recently, the 9th Circuit Court of Appeals heard several cases involving unions forging the signatures of employees.

Surprisingly, “the three-judge panel managed to acknowledge the membership cards in question were forged while simultaneously concluding a union can’t be held responsible for dues illegally taken from a public employee’s paycheck because a union isn’t a government agency; rather, it is merely a private organization,” according to the Washington Examiner.

And conversely, the state is also blameless, the court concluded, because the state is free to delegate to the union all responsibility for deciding who does and doesn’t pay dues. In other words, the 9th Circuit claimed the state has no duty to protect its employees’ First Amendment rights.

In this episode of Labor Relations Radio, host Peter List is joined by Sydney Phillips and Rebekah Millard, the Freedom Foundation attorneys who argued the cases on behalf of the aggrieved employees.

Related:

* 9th Circuit forgery decisions allow unions to rule by deceit and undermine workers' rights

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 at Northeastern State University, and the author of numerous books and articles on labor relations, union corruption and creating a positive workplace, including: The Approachability Playbook; Left of Boom (which reached number 2 on Amazon.com’s Hot Human Resource Books); Managing the Union Shop; and Model Contract Clauses.

In this episode of Labor Relations Radio, Phil joins host Peter List to discuss post-pandemic workplace challenges, union organizing, the labor shortages impacting businesses and state of the economy.

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 knowledgeable individuals on how union-backed politicians and agency bureaucrats are attempting to outlaw independent contracting through legislative and regulatory fiat.

In this episode of Labor Relations Radio, Ms. Kavin joins host Peter List to discuss and break down the Department of Labor’s recently announced Proposed Rules for Independent Contractors, and how it appears to be similar to California’s failed ‘ABC Test.’

As there are 59 million Americans who participate in the ‘gig economy’ as independent contractors, with the period for public comments closing on November 28, 2022, Ms. Kavin urges people who want to have a voice on this very important issue to go to the Federal Register and leave a comment (link here).

Related articles:

* DOL independent contractor definition could pose problems for truck fleets

* U.S. Labor Department Proposed Rule Threatens Independent Contractor Health, Financial Stability

* Roth: Biden’s plan to kill independent and gig work

* Proposed DOL Independent Contractor Rule Would Stifle Worker Freedom

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 freelancer or “gig worker,” Gabriella Hoffman is an independent contractor who has also written and commented extensively on how unions—through their allies in the Democratic Party at the state and federal level—are trying to destroy the ability of freelancers to earn a living.

In this episode of Labor Relations Radio, Ms. Hoffman discusses the threat to the gig economy posed by the unions and their political allies.

Gabriella Hoffman’s writings on the threat to freelancers and the gig economy:

* Biden Administration Continues Waging War on Freelancing | Townhall

* A Win for American Workers: The Senate Rejects David Weil

* Republicans Must Fight for Freelancers in 2022

* This Labor Day, Stand with 59M American Freelancers

* New Poll Reveals Bipartisan Disapproval for the PRO Act

Related:

* Department of Labor Proposes New Rule for Independent Contractor Status

Labor Relations Radio and LaborUnionNews.com's News Digest is a reader-supported publication. To receive new posts and support our work, please consider becoming a paid subscriber.

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 of the premier labor attorneys in the nation.

As importantly, Mr. Lotito is one of the nation’s thought leaders on workplace policy and, as such, is also co-chair of Littler’s Workplace Policy Institute.

Back in March, Mr. Lotito came onto Labor Relations Radio and, while the conversation was mostly about labor policy and various things going on with the National Labor Relations Board, he touched on some of the broader changes that are going on in the American workplace and what he’s been doing about it.

This episode is a deeper dive into some of those issues and the Emma Coalition a project Michael co-founded and named in honor of his granddaughter.

The Emma Coalition is dedicated to educating the employer community and policymakers about the issues surrounding TIDE™️—which stands for technology-induced displacement of employees.

Related Reading:

* The Emma Coalition

* Emma Coalition: Who will TIDE™ effect most?

* Workplace Policy Institute’s Annual Labor Day Report

* Automation & Artificial Intelligence: TIDE at the Tipping Point

* Thought Leaders Predict AI’s Impact on the Workforce

* The Robots are Coming: AI Replaces Line Judges at U.S. Open, With Global Implications for Jobs

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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, Ohio—joins host Peter List to discuss Weingarten Rights.

Weingarten Rights are a little known or understood concept that currently only apply to unionized workplaces. However, Weingarten Rights are very likely to be returning to the non-union workplaces soon.

Related Links:

* The NLRB is inching towards Weingarten Rights for all employees

* Follow Jon Hyman on LinkedIn

* Subscribe to the Ohio Employer Law Blog.

* Jon Hyman and Michael VanDervort on DriveThruHR

* Worst Employers 2022

* Worst Employers 2021

* NLRB: Weingarten Rights — The Right to Request Representation During an Investigatory Interview

LaborUnionNews.com's Labor Relations Radio is a listener-supported podcast. To receive new episodes and support our work, become a paid subscriber.