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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.

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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.

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 devolved, its politics, current issues, and her lingering optimism that the state can turn itself around.

Related:

* Labor Relations Radio, Ep. 34—CPC's Lance Christensen on California's FAST Act and other Golden State developments

* Fundamental Transformation, Part I: For Unions, California's Fast-Food Council May Be Just The Beginning of State-Controlled Sectoral Bargaining Across the U.S.

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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 California (and perhaps elsewhere)—the California legislature’s hypocritical failure to allow its staffers to unionize, as well as other legislative issues in Gavin Newsom’s “pay-to-play” California.

Related Links:

* The California Book of Exoduses

* California lawmakers approve landmark fast food workers bill

* WSJ: California Fast Food Wages Would Be Set by Government Under Bill Passed by State Legislature

* California Democrats kill bill that would have let legislative employees unionize

* CA Gov. Newsom Threatens to Veto Farmworker Union Bill as He Buys $14.5M Vineyard in Napa Valley

* Gavin Newsom campaign donors received billions in CA state contracts, investigation finds

* Should vacant hotels in Los Angeles house the homeless? Voters will decide.

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

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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 episode of Labor Relations Radio, Ben Brubeck, Vice President of Regulatory, Labor and State affairs for the Associated Builders and Contractors shares the latest updates on the PRO Act, as well as other legislative and regulatory updates from Washington, D.C.

The Associated Builders and Contractors is a national construction industry trade association representing more than 21,000 members in 68 chapters and is the merit shop construction industry's voice with the legislative, executive and judicial branches of the federal government and with state and local governments.

Related links and information discussed on this episode:

* BuildAmericaLocal.com

* Free Enterprise Alliance on the PRO Act

* ABC Press Release: President Biden’s Inflationary PLA Schemes Hurt Taxpayers and Construction Job Creators

* ABC Press Release: ABC to Biden Administration: Withdraw the DOL’s Davis-Bacon Proposed Rule

* Sweetheart union deal will undermine Inflation Reduction Act’s clean energy agenda

* Listen to past episodes of Labor Relations Radio

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

Internationally recognized leadership consultant and CEO of the Parone Group, Irma Parone, joins the podcast to discuss her problem-solving techniques, as well as her book WINX: The Problem-Solving Model to Win Exponentially with Customers, Employees, & Your Bottom Line and her new book WINX for Employees: The Problem-Solving Model to Unlock Workplace Success.

* To read more about Ms. Parone, view her bio here, or follow her on LinkedIn here.

* To contact Ms. Parone, visit the Parone Group website here.

* You can order her books on Amazon here.

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

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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 work, consider becoming a paid subscriber.

As a traditional labor and employment attorney, has been on the front lines of assisting clients in numerous issues before federal and state courts, private arbitration, and before government administrative law judges.

In 2015, he spearheaded an investigation into the Regional Director of the National Labor Relations Board that resulted in an Inspector General investigation and ultimate suspension of the director for illegal conflicts of interest.

In this episode of Labor Relations Radio, in addition to a number of other labor and political issues discussed, Zimolong discusses the U.S. Supreme Court’s recent West Virginia v. Environmental Protection Agency ruling and whether or not it may put a damper on the NLRB’s decision-making abilities, as has been suggested, as well as the more-likely impact of next year’s SCOTUS decision in Cochran v. SEC.

Related:

* EPA Supreme Court Decision May Limit Rulemaking Power from DOL, EEOC and NLRB

* Ethically-Challenged NLRB Director By Day, Influence Peddler By Night

* Harvard Law Review: Cochran v. SEC

* Texans sue NLRB over alleged constitutional violations

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 the National Labor Relations Act (NLRA).”

Less than a week later, GC Abruzzo filed a brief in a case called Cemex, in which Abruzzo “seeks to (1) ban so-called “captive audience” meetings, (2) eliminate the ability of employers to insist on secret-ballot elections, and (3) restrict an employer’s right to inform employees about how the employer-employee relationship may change with union representation,” noted the attorneys at Perkins Coie.

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The Lawsuit. Then, in mid-July, the Texas Public Policy Foundation’s litigation center, the Center for the American Future, sued the National Labor Relations Board (NLRB) for “violating the First Amendment in its unlawful attempt to silence employer speech.”

“The Center for the American Future advances Tenth Amendment principles through opposition to federal abuse in the areas of environmental, private property, and business autonomy rights,” according to its website.

In that mission, the Center “launches legal challenges to government overreach at the administrative, district and appellate court levels and represents clients whose lives and liberty are threatened by federal-government action in defiance of the Constitution.”

In this episode of Labor Relations Radio, host Peter List talks with Matt Miller, one of the attorneys involved in the lawsuit against the NLRB and GC Abruzzo.

Matt Miller is a senior attorney in the Center for the American Future.

According to his bio, before joining the Foundation, Matt served as the managing attorney of the Texas Office of the Institute for Justice for nine years and later as a senior attorney at the Goldwater Institute for almost four years.

* Be sure to check out other projects the Texas Public Policy Foundation is involved with here.

* Read the TPPF lawsuit here [in PDF]

* Related: Texans sue NLRB over alleged constitutional violations

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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 institute the flawed process of unionization called “card check,” unions have, thus far, failed.

However, now, unions are using the National Labor Relations Board (NLRB), as well as alternative bills like the COMPETES Act and amendments to the National Defense Authorization Act of 2022 to sneak card check in on a piecemeal basis.

The Coalition for a Democratic Workplace (CDW), a coalition “composed of hundreds of organizations representing millions of businesses that employ tens of millions of workers nationwide in nearly every industry,” has been opposing elimination of secret-ballot election (via card check) since 2005 and now focuses on “regulatory overreach” by the NLRB.

In this episode of Labor Relations Radio, Ed Egee, who chairs the CDW’s lobbying committee and is vice president of government relations and workforce development at the National Retail Federation, joins host Peter List to discuss a number of developments in Washington, D.C. and elsewhere.

Those developments include a new CDW report on unions’ “latest attempt to workers’ right to secret ballots” through online voting, the CDW letter opposing an amendment in the National Defense Authorization Act of 2022 that “would eliminate workers’ right to secret ballots in union representation elections, as well as attempts to eviscerate the “gig economy” and the independent contractor model through the so-called ‘ABC Test.’

Related Reading:

* CDW Issues Report on the Dangers of Online Voting in Union Representation Elections

* CDW Sends Letter to House Opposing Radical Labor Provisions in NDAA

* NLRB General Counsel Wants to Throw out Decades of Labor Law Precedent to Tip Scales in Favor of Unions

Go here for past episodes of Labor Relations Radio

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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 getting rid of “Unions’ Original Sin: Exclusive Representation” and competing in a free market workplace, as well as independent contractors and the problems with the PRO Act.

Other, related articles by Dr. Farren:

* Don't Destroy Union Regulations Because You Don't Understand Them

* Strong Job Growth Isn't Enough

Go here for past episodes of Labor Relations Radio.

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“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 episode of Labor Relations Radio.

Mr. Mix is the President of the National Right to Work Legal Defense Foundation.

He also serves as President of the National Right to Work Committee, a 2.8 million member public policy organization.

Often maligned by union leaders, for decades, the National Right to Work Legal Defense Foundation has been at the forefront of helping employees by fighting to “eliminate coercive union power and compulsory unionism abuses through strategic litigation, public information, and education programs.”

As such, Foundation attorneys provide free legal aid to workers whose rights may be being violated by “compulsory unionism” and their cases have reached the U.S. Supreme Court on several occasions—including the 2018 Janus Decision impacting all public-sector workplaces..

The National Right to Work Committee, which was established in 1955, is a “nonprofit, nonpartisan, single-purpose citizens’ organization dedicated to the principle that all Americans must have the right to join a union if they choose, but no one should ever be forced to affiliate with a union in order to get or keep a job.”

Related Posts:

* Worker Advocate Slams Biden Labor Board Plan to Gut Reforms Protecting Workers’ Right to Vote Out Unwanted Unions

* Worker Advocate Demands Department of Labor and Department of Justice Investigate Michigan SEIU Local’s “Serious Financial Malpractice”

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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 array human resources topics.

Although she writes for a number of publications, you can read all of “Evil HR Lady” here.

If you’re a human resources professional and on Facebook, you can join her Facebook page here.

Thank you for listening to LaborUnionNews.com's Labor Relations Radio This podcast is public so feel free to share it.

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 from the University of Georgia. Mitchell was a senior fellow with the Cato Institute and The Heritage Foundation, and an economist for Senator Bob Packwood and the Senate Finance Committee. He also served on the 1988 Bush/Quayle transition team and was Director of Tax and Budget Policy for Citizens for a Sound Economy.

Dr. Mitchell’s writings can be found here.

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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 that regard, through its “Opt Out Today” program , the Freedom Foundation has “liberated” 116,918 public employees from political exploitation” through “education, litigation, legislation, and community activation” saving them $210,586,326.

Additional Reading:

* California union forges another signature to keep a member locked into paying dues

* Educator Uses Former Union Fees To Help Human Trafficking Victims

* AFSCME local throws in the towel 3 hours after being served with papers to stop unconstitutional deductions

* Maxford Nelson on Twitter

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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 President Barack Obama for two terms, concluding in August 2018.

On August 23, 2013, he was sworn in for a second term that expired on August 27, 2018. He served as Chairman of the National Labor Relations Board from August 27, 2011-January 22, 2017. 

Prior to his time with the NLRB, Chairman Pearce was a founding partner of the Buffalo, New York law firm of Creighton, Pearce, Johnsen & Giroux, where he practiced union and plaintiff side labor and employment law.

Since leaving the NLRB, Chairman Pearce is a visiting professor and the executive director of the Workers’ Rights Institute at Georgetown University Law Center. Prior to assuming his positions at Georgetown, he was a visiting senior scholar and Lecturer at Cornell University’s School of Industrial Labor Relations.

In addition to a distinguished legal career in both the private and public sector, as well as academia, Mark Gaston Pearce is also an accomplished artist and has served on the Board of Directors of Buffalo Arts Studio and the Advisory Council of the Burchfield Penny Art Center.

For further background, Chairman Pearce’s bio is here.

To view the art of Mark Gaston Pearce, go here.

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 contractors, the NLRB general counsel’s efforts to enact card-check, ban captive audience meetings, as well as a host of other labor and employment policy issues affecting the workplace.

Background

Last week, the Department of Labor filed an appeal of a decision by a federal judge in the US District Court for the Eastern District of Texas which blocked the Biden administration from withdrawing a Trump-era rule that made it easier for businesses to classify workers as independent contractors.

According to Bloomberg Law, the judge “sided with Coalition for Workforce Innovation, a business group whose ranks include gig-economy companies such as Uber Technologies Inc. and Lyft Inc.”

The business group sued the DOL, Secretary Marty Walsh, and another agency official on behalf of its members, whose business models largely depend on their ability to classify their workforce as contractors rather than employees entitled to certain wages and benefits. Three groups representing builders, contractors, and financial services firms later joined the lawsuit.

Related links:

* Bloomberg Law: DOL Appeals Decision Reviving Trump Independent Contractor Rule

* Labor Activity In Retail Annual Report: Spring 2022

* Coalition for Workforce Innovation

* Retail Industry Leaders Association

On this episode of Labor Relations Radio, Cary Burke, a labor attorney with Seyfarth Shaw returns to discuss a number of topics, including a National Labor Relations Board (NLRB) Administrative Law Judge’s recent decision that a manager visiting an employee’s LinkedIn profile was ‘surveillance,’ the potential for the NLRB to issue a Cemex Bargaining Order at Mercedes-Benz in Alabama, as well as a number of other potential NLRB actions we might expect in the months ahead.

Follow Cary Burke on LinkedIn here.

Related:

* UAW Has Path to Reverse Mercedes Loss Under New Labor Standard

* Labor Relations Radio, E95—Seyfarth Shaw's Cary Burke on the 'retroactivity' of Cemex Bargaining Orders and more

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

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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 about executive compensation that can be used by the media to foster an “us vs. them” environment in the public mind, when the Wall Street Journal publishes an article entitled Pay Packages for CEOs Rise to Record Level, using a similar approach as the AFL-CIO, it requires a deeper dive into the actual data.

In this episode of Labor Relations Radio, we cover the salaries of sports figures, celebrities, and even social media figures, as compared to the 0.01 percent of CEOs cited by the AFL-CIO and Wall Street Journal.

Resources cited:

* Top 50 NBA salaries for the 2021-22 season

* Top 13 Highest Paid MLB Players of This Year

* Here are the 20 highest-paid NFL players

* The Highest-Paid Entertainers 2022

* 25 of the Highest-Paid Social Media Influencers

* Yankee Stadium salaries: How much does Yankee Stadium pay?

* Concession Stand Worker hourly salaries in the United States at The Madison Square Garden Company

* The Highest Paid CEOs in the S&P 500: Top Pay Packages of 2021

* Number of employer firms in the United States in 2017, by employment size

* Occupational Employment and Wages, May 2021: Chief Executives

View the entire Twitter thread here.

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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 tool for employers to learn from—especially those unfamiliar with the “Do’s and Don’ts” of union organizing campaigns.

In this episode of Labor Relations Radio, Jon Hyman, a shareholder and director at Wickens Herzer Panza, in Avon, Ohio, joins host Peter List to discuss the allegations in the NLRB’s complaint against Starbucks and breaks down the concepts of T.I.P.S.

* NLRB Complaint Regarding Starbucks Buffalo

* Follow Jon Hyman on LinkedIn

* Subscribe to the Ohio Employer Law Blog.

* Worst Employers 2022

* Worst Employers 2021

Additional materials:

* Don't S.P.I.T. - General Management Rules of Engagement During Union Organizing Campaigns

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.

In this episode of Labor Relations Radio, we cover the basics of union “salting” and how union “moles” undermine and unionize companies.

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Related links:

* “Salting” the wounds of labor organizing

* AEROTEK, INC., Petitioner v. NLRB, Respondent

* Recognizing and Responding to Union Salting

* IBEW Local #81 Salting Policy

* Salon: I was a union mole at Kmart

* Salon: How Amazon workers turned union-busting "captive audience" meetings against the corporate giant

* Labor Notes: Organizers Worth Their Salt

* Workplace Wire: Union “Salting” under attack in US Congress

* The Atlantic: Life as an Undercover Union Organizer

* Intelligencer: The Double Life of an Undercover Union Organizer

* Bloomberg: Amazon Warehouse Workers Just Redefined What’s Possible for U.S. Labor

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

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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 referred to as “agency fees” or “fair share fees.” For years, these compulsory union fees were considered legal.

The Supreme Court’s decision in Janus was clear; compulsory union fees are now unconstitutional.

The Fairness Center is a law firm that provides free legal services to those hurt by public-sector union officials and are representing an individual, Glen Wilkofsky, in a Janus-related case that may have far farther-reaching ramifications.

In this episode of Labor Relations Radio, the Fairness Center’s Nathan J. McGrath, President and General Counsel at the Fairness Center, discusses the Allentown Symphony case, as well as several others.

As the Fairness Center’s President and General Counsel, Mr. McGrath oversees the firm’s general operations and litigation to advance the Fairness Center’s clients’ best interests. Mr. McGrath is also a Pennsylvania Advisory Committee Member with the United States Commission on Civil Rights. Prior to joining the Fairness Center, Nathan was a staff attorney with the National Right to Work Legal Defense Foundation, Inc., where he practiced constitutional, labor, and administrative law. Nathan was also an associate attorney with Lawlor & Lawlor, P.C., a general practice firm in Pittsburgh, Pennsylvania.

Related Links:

* In a case that could be destined for the Supreme Court, Allentown Symphony musician says he shouldn’t have to pay union dues to perform

* Featured Cases of the Fairness Center

* Contact the Fairness Center

* Donate to the Fairness Center

For past episodes of Labor Relations Radio, go here.

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

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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 following of nearly 16,000 followers on LinkedIn, Jon’s posts reach thousands of human resources professionals throughout the nation as he often shares entertaining and thoughtful insights for HR practitioners.

Two of Jon’s recent posts (“Why I’m anti-union” and “‘Salting’ the wounds of labor organizing”) drew a lot of comments on LinkedIn.

In this episode of Labor Relations Radio, Jon discusses his two posts, as well as the NLRB General Council’s Cemex brief as it relates to card check, so-called “captive audience” meetings, and what the future holds.

Related Links:

* Follow Jon Hyman on LinkedIn

* Subscribe to the Ohio Employer Law Blog.

* Worst Employers 2022

* Worst Employers 2021

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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 Construction Materials Pacific.

* De-facto card check is likely coming

* Mandatory employer meetings will likely be outlawed

* The NLRB wants it to be illegal to tell workers that, if unionized, their direct relationship with the employer will change.

Related Links:

* NLRB General Counsel Files Brief To Ban "Captive Audience" Meetings, Install Back-Door Card Check

* NLRB General Counsel Elaborates On Her Rationale For Imposing De-Facto Card Check

* NLRB GENERAL COUNSEL’S 93-PAGE BRIEF IN CEMEX

* NLRB’s Basic Guide to the National Labor Relations Act

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 not to panic—yet.

Related Data:

* SOURCE: Union Elections in 2020—Who Won and Lost at the NLRB

* Source: NLRB—Number of Elections Held Per FY

Related Links:

* NLRB General Counsel Moves To Ban 'Captive Audience Meetings'

* Teamsters say they will end Seattle-area concrete strike, but still no deal with employers

* King County, Wash., looks to produce own concrete as strike enters fourth month

* Mr. Smalls Goes To Washington: ALU President Meets With Pols and Presidents of the Flight Attendants and Teamsters

* CNN: Should people feel guilty for buying from Amazon? Union leader weighs in

* The Teamsters Announce Coordinated Nationwide Project to Unionize Amazon

* Amazon Objects To Union Threatening Employees If They Voted Against ALU And Bribing Employees With Pot

* Amazon Labor Union Constitution [in PDF]

* Proskauer: NLRB GC Seeks Dramatic Change to Employer’s Right to Speak to Employees About Unionization at Work

* Littler: NLRB General Counsel Abruzzo Seeks to Limit Long-Standing Employer Free Speech Right

The so-called “gig economy” encompasses hundreds (perhaps thousands) of professions and 59 million Americans and is growing.

However, because independent contractors (aka “freelancers” or “gig workers”) are not “employees” under National Labor Relations Act and cannot be unionized, unions and their political allies are trying to kill the gig economy at the state-by-state level, as well as at the federal level through the “PRO Act” by enacting a draconian measure called the ‘ABC Test.’

Since first covering this issue on Labor Relations Radio back in February, there has been a lot of things happening across the country in the fight to save the gig economy and freelancers’ and gig workers’ ability to work.

In this episode of Labor Relations Radio, Kim Kavin, one of the leaders of the grassroots group Fight for Freelancers USA, returns to the podcast and shares updates, as well as clarifies some of the issues around the fight to save the gig economy.

Related Links:

* Labor Relations Radio Ep. 3: How to Crush 59 Million Americans' incomes with three simple letters: ABC

* Follow Kim Kavin on Twitter

* Fight For Freelancers USA

* Fight For Freelancers Files Amicus Brief with National Labor Relations Board

* Freelancers Against AB5—AB5 Personal Stories

* California Supreme Court Dramatically Reshapes California Worker Classification Laws

The ABC Test

Under the ABC test, a worker will be deemed to have been “suffered or permitted to work,” and thus, an employee for wage order purposes, unless the putative employer proves:

(A) that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;

(B) that the worker performs work that is outside the usual course of the hiring entity’s business; and

(C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

Share this episode of Labor Relations Radio with your colleagues.

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

With last week’s union victories at Amazon’s warehouse in Staten Island, as well as union victories at Starbucks, there is a media narrative that is not telling the whole story.

In both campaigns, the Democratic Socialists of America, as well as Communist Party USA have had a rather large role to play in helping to unionize the workers at Amazon and, as well, Starbucks. However, despite it being publicly available for anyone to search out, it is not being talked in the media—even though it could be a more interesting story.

* NYT: Amazon Workers on Staten Island Vote to Unionize in Landmark Win for Labor

* Bloomberg Businessweek: Amazon Warehouse Workers Just Redefined What’s Possible for U.S. Labor

* Amazon Labor Union is “Supported By Established Unions With Decades of Collective Bargaining Experience.”

* People’s World: Amazon Labor Union builds community coalition to organize retail giant in Staten Island

* Starbucks Workers Voted To Unionize In New York City Flagship Store, So Did Amazon—Is This The Resurgence Of Unions?

* Socialists and Organized Labor Are Uniting to Change Pro-Boss Labor Laws

* Gen Z prefers "socialism" to "capitalism"

* Communist Party USA Chair: “…we are part of building labor’s independent structures.”

* 10 Ways DSA Members Can Support Starbucks Worker-Organizers

* Democratic Socialists of America: What is the DSLC?

Subscribe and listen to Labor Relations Radio on these podcast platforms:

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

The franchise business model has become a key way for many Americans and immigrants to achieve the “American Dream.”

However, it is under attack on multiple fronts.

Just as tens of thousands of franchisors and franchisees and their millions of employees are beginning to recover from the pandemic, politicians, government bureaucrats and judicial activists are wittingly (or unwittingly) trying to destroy the very business model that has delivered the American Dream to so many.

In this episode of Labor Relations Radio, Michael Layman, Senior Vice President Government Relations & Public Affairs of the International Franchise Association explains some of the threats the industry is now facing—largely from politicians, judicial activists and, possibly, President Biden’s appointees like David Weil.

Whether it’s the Joint Employer issue, or the Independent Contractor issue—either independently or as contained in the PRO Act—if enacted, these ‘close cousins’ could be devastating to the franchise business model and the millions of workers employed by franchises.

Related Links:

* Franchising is open for opportunity

* National Economic Impact Of Franchising

* In 7-Eleven case, Mass. top court says franchisees can be employees

* Minority Business Ownership Soars, But It's The Wrong Kind Of Equality

* Top 200 Franchises of 2022

PROGRAM NOTE:

This episode of Labor Relations Radio was recorded hours before the U.S. Senate was to vote on the nomination of David Weil to be Administrator of the Labor Department's Wage and Hour Division.

Apparently, his nomination was blocked Wednesday evening.

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Recently, an administrative law judge (ALJ) ruled that Amazon CEO Andy Jassey’s answers to interview questions violated the National Labor Relations Act.

Unless the ALJ's decision regarding Jassey's seemingly innocuous statements made during various interviews in 2022 (included in this episode) is overturned, which is unlikely to happen soon, all employers' speech during union-organizing campaigns may be significantly impacted. [See the full ALJ decision here.]

In this joint episode of Labor Relations Radio and Labor Relations Institute’s Left of Boom show, LRI’s Phil Wilson and Peter List discuss the ALJ’s decision against Amazon, and its ramifications for all employers.

* NLRB ALJ Decision on Amazon CEO Comments

* NLRB’s Basic Guide to the National Labor Relations Act

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

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When it comes to America’s workplace policy, there are very few who meet Michael J. Lotito’s knowledge, stature and influence.

A nationally-known labor attorney for the firm Littler Mendelson, Mr. Lotito is co-chair of the firm’s Workplace Policy Institute (WPI).

Mr. Lotito has testified before the U.S. House of Representatives and the U.S. Senate, as well as the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC).

In his WPI role, he advocates on behalf of the employer community on a variety of issues, regularly files amicus briefs on vital workplace policy concerns and has led the management community in opposition to the federal persuader rule, which would destroy confidentiality between lawyers and their clients.

Additionally, Mr. Lotito is a co-founder of the Emma Coalition, which is named after his granddaughter and is dedicated to “educating the employer community and policymakers about the issues surrounding TIDE™️ and maximizing the economic and social benefits of TIDE™️ for America’s companies and workers while minimizing its disruptive costs for workers and companies.”

In this episode of Labor Relations Radio, Mr. Lotito and host Peter List cover a wide variety of current labor relations issues affecting the workplace and, in particular, the various legal issues around the topic of independent contractors and the gig economy.

Related links:

* The Future Is Now: Workforce Opportunities And The Coming TIDE

* WSJ: Congressional Democrats Want to Weaponize Federal Labor Law

* More articles by Michael J. Lotito

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

Share this episode of Labor Relations Radio with your colleagues.

Unions are trying to pass ordinances in cities and towns nationwide to exclude non-union employers and their employees from doing public works.

They’re called Responsible Contractor Ordinances (RCOs) and, while this is happening across the country, eastern Pennsylvania is one of the current battle grounds.

“The controversial part of the ordinance requires contractors to have an apprenticeship program in place for employees for at least five years,” notes Allentown’s Morning Call.

“Contractors bidding on projects over that $200,000 threshold will have to offer apprenticeship programs conforming to U.S. Department of Labor standards,” the Morning Call explains. “The class A apprentices must be fully employed by a company and given on-the-job classroom and lab training, as well as mentorships.”

Joe Perpiglia is the President and CEO of the Associated Builders and Contractors’ (ABC) Eastern Pennsylvania chapter—a construction association that provides its members networking, education, political advocacy, and service opportunities.

In this episode of Labor Relations Radio, host Peter List and Mr. Perpiglia discuss a number of issues affecting the construction industry in an around the Philadelphia market, including union sabotage, corruption, as well as the union efforts to eliminate non-union competition.

Related Links:

* Associated Builders and Contractors’ (ABC) Eastern Pennsylvania chapter

* Racketeering And Arson Charges Filed Against Members Of Ironworkers Union

* Definition of Responsible Contractor Ordinance (RCO) via IUOE Local 542 [in PDF]

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

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For employers under the jurisdiction of the National Labor Relations Act, the legal landscape is changing quickly.

At the American Bar Association’s mid-winter meeting, the National Labor Relations Board’s (NLRB) General Counsel’s ‘extreme agenda’ was on full display.

In this episode of Labor Relations Radio, Bob Nagle, an employer-side labor and employment attorney with the law firm Fox Rothschild discusses issues that the NLRB’s General Counsel and her staff discussed at the ABA’s meeting—from the expansion of protected concerted activity to back-door card check, and a host of other critical issues that employers need to be aware of.

Related Links:

* Robert C. Nagle (bio and contact information)

* NLRB GC’s Extreme Agenda on Display at ABA Mid-Winter Meeting

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* Amazon Music

* Apple Podcasts

* Buzzsprout

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LaborUnionNews.com is a reader-supported publication. To receive new posts, podcasts and support our work, please consider becoming a paid subscriber.

Employers today face a large number of hurdles, from supply chain issues to employee recruitment and wage inflation issues.

Not the least of those issues are internal and external attacks on their brands or corporate officers.

With more than 30 years in the industry, Nick Kalm is the CEO of Reputation Partners, an integrated communications firm that provides a full range of PR, marketing and strategic services entirely in-house. Over the years, they’ve helped over 600 clients with their PR and strategic needs.

Their services include Public Relations, Marketing, Digital and Social Media, Web Design and Development, Crisis Communications, Financial Communications, Employee and Labor Relations, as well as Sustainability Communications.

On Monday, Nick was able to join Labor Relations Radio host Peter List to discuss an array of issue that companies are facing today, as well as his perspectives on how to handle some of those issues.

Share this episode of Labor Relations Radio with your colleagues.

Related Links:

* Forbes: How Companies And CEOs Can Prepare For And Respond To Rumors And Other Attacks

* PR Pros: Nick Kalm of Reputation Partners On The 5 Things You Need To Create A Highly Successful Career As A Public Relations Pro

* GCFGlobal: What is an echo chamber?

* Why There’s More Labor Media Coverage 

* Greenhouse: From Covid-19 to #MeToo, The Labor Beat Is Resurgent

Share this episode of Labor Relations Radio with your colleagues.

Among the hundreds of resources found on LaborUnionNews.com’s resources page is the Americans for Fair Treatment (AFFT).

The Americans for Fair Treatment is a non-profit that helps public-sector employees (e.g., fire fighters, police officers, teachers, as well as other public-sector employees) exercise their First Amendment rights.

“Americans for Fair Treatment (AFFT) believes all public sector employees should have the freedom to choose to join a union or to abstain from joining a government union, an employee association, or other group.” the group states. “In support of this vision, AFFT works to educate public sector employees about their constitutional rights around union membership.”

On this episode of Labor Relations Radio, AFFT’s CEO David Osborne discusses AFFT’s mission, as well as examples on how the Americans for Fair Treatment helps public-sector employees.

Additional AFFT Resources:

* AFFT’s Latest News

* AFFT’s Resources & Data

* AFSCME: Where do your union dues go?

* AFT: Where Do Your Union Dues Go?

* SEIU: Where do your dues go?

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

Award-winning journalist Steven Greenhouse was a reporter for the New York Times from 1983 to 2014—19 of those years covering labor and the workplace.

He has been honored with the Society of Professional Journalists Deadline Club award, a New York Press Club award, a Gerald Loeb Award for Distinguished Business and Financial Reporting, and the Hillman Prize for Book Journalism for his book The Big Squeeze: Tough Times for the American Worker.

His latest book Beaten Down, Worked Up: The Past, Present and Future of American Labor is a wonderful read for any labor relations practitioner, or someone entering the field of labor relations—either on the employer side or the union side.

In this episode of Labor Relations Radio, Mr. Greenhouse shares his perspective on a number of issues affecting unions in the past and present.

You can follow Steven Greenhouse on Twitter at: @greenhousenyt

This episode of Labor Relations Radio is actually from the DriveThruHR podcast, the second leading HR Podcast You Need To Follow In 2022.

On Thursday, DriveThruHR host Michael VanDervort and Labor Relations Radio host Peter List discussed “the current leadership and direction of the NLRB, the potentially game-changing agenda of NLRB General Counsel Jennifer Abruzzo, and the union organizing campaigns at Amazon and Starbucks, among other topics.”

Over the years, Michael and his cohosts have recorded nearly 1,600 episodes of DriveThruHR, which can be listened to here.

Thank you for LaborUnionNews.com's Labor Relations Radio. This post is public so feel free to share it with your colleagues.

“As goes California, so goes the rest of the nation.”—unknown

WARNING: This episode of Labor Relations Radio discusses California politics—and the exodus of businesses and people—from a rather blunt perspective. If blunt political discussions cause you, as a listener, to drive erratically, raises your blood pressure, or otherwise impair your performance, please do not listen to this podcast without sitting down, perhaps with a glass of wine.

Businesses and People Are Fleeing California. Why?

The “exodus” of businesses and people out of California has made headlines over the last few years.

In 2020, California experienced a population decline for the first time in over one hundred years.

But why?

The California Policy Center (CPC), an educational non-profit working for the prosperity of all Californians by eliminating public-sector barriers to freedom, has created a database called the California Book of Exoduses, which documents the ‘exodus’ of individuals and businesses leaving the state.

In this wide-ranging conversation with Lance Christensen, CPC’s Vice President of Government Affairs, Labor Relations Radio host Peter List discusses the many issues affecting the once-Golden State of California, the historical causal factors, as well as the current climate—from union control of the politics inside Sacramento to wildfires and real estate prices.

One example of the Top Reasons Why People Are Moving Out of California are the high taxes. For example, the marginal income tax rate is currently at 13.3% but legislators want to increase it to almost 17%.

CPC Projects:

* California Local Elected Officials (CLEO): CLEO is a membership organization that networks, educates, supports and advises local elected officials throughout California’s thousands of cities, counties, school and special districts

* The Parent Union: The Parent Union engages, organizes and trains parents, students and community members to defend the constitutional right to a high-quality public education for all students.

* The Janus Project: The Janus Project informs public-sector employees of their right—under the U.S. Supreme Court’s 2018 Janus v. AFSCME decision—to refrain from having pay any part of his or her paycheck withheld by any union as a condition of employment.

* National Review’s Radio Free California Podcast

Other Links of Interest:

* Pension Reform Handbook: A Starter Guide for Reformers [in PDF]

* CEQA Law Denied Clearing of Forest to Prevent Wildfires in Berry Creek Resulting in Human and Animal Lives Lost

* CNN: Week of wildfires polluting air as much as year of cars

* Snapcrap — Why I built an app to report poop on the streets of San Francisco

* Then-Governor Ronald Reagan’s signing of CEQA, Air Resources Board & mental health reform bill and local government collective bargaining rights bills

* California Is Moving Toward An $18 Minimum Wage. (Will $25 be next?)

This episode of LaborUnionNews.com's Labor Relations Radio is public so feel free to share it.

Small businesses fuel America’s economy and are under assault.

In 2020, before pandemic lockdowns, there were 31.7 million small businesses across the United States—from the single, self-employed entrepreneur to small businesses with less than 100 employees, according to the Small Business Administration.

* Combined, they have 60.6 million employees—or 47% of the private-sector workforce.

* 5.2 million of those small businesses are either minority owned, or self-employed minorities.

* A lot of the major companies we see today started out as small business—from Amazon to Apple to Nike, Walmart and WholeFood.

The National Federation of Independent Business is the nation’s leading voice for America’s small businesses.

In this episode of Labor Relations Radio, Jeff Brabant, NFIB’s Senior Manager of Government Relations shares the small business perspective on a host of issues, including Build Back Better, the ‘ABC Test’ affecting Independent Contractors, the PRO Act, as well as Joint Employer issues.

Related links:

* National Federation of Independent Business

* NFIB Files Amicus Brief on NLRB Effort to Change Independent Contractor Rules

* New NFIB Survey: Inflation Continues Impact on Small Businesses

* The Three Biggest Issues with the PRO Act

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

With union membership down to 10.3 percent of the American workforce—or 14 million workers—and 59 million workers who are independent contractors (aka ‘freelancers’ or ‘gig workers’) who are not unionized, unions and their allies in state and federal government are attacking the “gig economy.”

What began in California as a law called ‘AB5’ to push a concept called the ABC Test—which has had catastrophic consequences on tens of thousands of people—has expanded nationally into the currently-stalled PRO-Act and, now, the National Labor Relations Board is looking to implement the ABC Test to define what constitutes an independent contractor vs. an “employee” for the purpose of unionization.

On this episode of Labor Relations Radio, host Peter List discussed the ramifications of the ABC Test with two individuals on the front lines in the battle to try to stop it.

Kim Kavin and Lisa Rothstein are both freelancers—one in New Jersey, the other in California—who, along with others, have been leading a grassroots effort to raise awareness to the ABC Test.

Kim is one of the leaders of FightForFreelancers USA, and Lisa has been involved with Freelancers Against AB5 since the beginning.

Links

The ABC Test

Under the ABC test, a worker will be deemed to have been “suffered or permitted to work,” and thus, an employee for wage order purposes, unless the putative employer proves:

(A) that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;

(B) that the worker performs work that is outside the usual course of the hiring entity’s business; and

(C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

* Fight For Freelancers USA

* Fight For Freelancers Files Amicus Brief with National Labor Relations Board

* Freelancers Against AB5—AB5 Personal Stories

* California Supreme Court Dramatically Reshapes California Worker Classification Laws

* California Supreme Court Rules Dynamex ABC Test is Retroactive

* NLRB Invites Briefs Regarding Independent Contractor Standard

* Bureau of Labor Statistics — Union Membership Summary

With employee engagement the lowest it’s been in 11 years, Dr. Fiona Jamison, CEO of Spring International, joins Labor Relations Radio host Peter List to discuss the “seismic shift” in employee expectations that has occurred over the past several years and how employers can adapt.

Fiona’s company, Spring International, is a women-owned, full-service, custom research and consulting firm located in suburban Philadelphia, PA. Across all research (policy, customer, and employee) programs, Spring has helped large corporations using customized employee engagement surveys, onboarding surveys, diversity assessments, exit interviews, & leadership assessments, as well as conducted research in 88 countries and in 25 languages.

You can follow Fiona Jamison on LinkedIn here, or contact Spring International here.

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

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With so much coming out of Washington these days—from the stalled PRO Act to President Biden’s Executive Order on Project Labor Agreements and the America COMPETES Act (which recently passed the U.S. House of Representatives), it is difficult to keep up with it all.

On this episode of Labor Relations Radio, F. Vincent Vernuccio of the Institute for American Workers joins Labor Relations Radio host and LaborUnionNews.com editor Peter List for a wide-ranging discussion on union related issues from a pro-free market perspective.

After listening to this episode of Labor Relations Radio, be sure to check out the Institute for American Workers and their various projects and policy briefings:

* Institute for American Workers’ Reports

* Institute for American Workers’ Labor News Today

* The America COMPETES Act

* REPORT: PRO Act Would Reduce Workers’ Incomes and Job Opportunities

* Sectoral Bargaining: One-Size-Fits-All Collective Bargaining for Entire Industries

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

A wide-ranging discussion with Ben Brubeck of the Associated Builders & Contractors (ABC), the nation’s largest trade association for merit-shop construction contractors and their employees.The Associated Builders and Contractors (ABC) is a national construction industry trade association representing more than 21,000 members, mostly small union-free contractors and their employees, with 69 chapters nationwide.In this hour-long, wide-ranging discussion, Ben Brubeck, ABC’s Vice President of Regulatory, Labor and State Affairs, joins host Labor Relations Radio host Peter List to discuss President Biden's Executive Order mandating so-called Project Labor Agreements (PLAs) on federal construction projects of $35 million or more, as well as a host of other issues.

* Biden Signs Executive Order Barring Non-Union Construction Workers From Federal Construction Projects Over $35 Million

Other Note Worthy Sites:

* Free Enterprise Alliance

* Build America Local

According to Gallup, employee engagement is at its lowest point in 11 years.

The term ‘Employee Engagement’ has been around since 1990. Since then, corporate America has spent millions (billions?) of dollars investing in the “engagement industry”—polls, seminars, consultants and training.

Why, then, is engagement still so low?

What Is Employee Engagement? “Employee engagement,” according to one definition, “is a concept in human resources that refers to the degree to which employees are invested in, motivated by and passionate about the work they do and the company for which they work.” 

In this episode of Labor Relations Radio, returning guest Patricia Garland—author of ‘33 Ways How Not to Screw Up HR’—joins host Peter List to explore possible reasons why employee engagement is low and why, perhaps, we’re asking the wrong questions.

Related:

* Labor Relations Radio, Ep. 61—'33 Ways Not To Screw Up HR' Author Patricia Garland

* Labor Relations Radio, E113—How Your Merit Pay Plan May Cause Union Problems, with Guest Patricia Garland

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

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