Union Free Radio – Details, episodes & analysis

Back-door card check is on its way this year, says Labor Relations Institute's Phil Wilson. Last August (2021), the National Labor Relations Board's General Counsel, Jennifer A. Abruzzo, sent a lengthy memo to all NLRB regions seeking cases from its regions to submit specific types of cases to her for advice.
Among the many types of cases that General Counsel Abruzzo is seeking are cases which would lead to the imposition of what is known as "card check," which would eliminate most secret-ballot elections over the topic of unionization. "Cases in which an employer refuses to recognize and bargain with a union where the union presents evidence of a card majority, but where the employer is unable to establish a good faith doubt as to majority status; specifically, where the employer refusing to recognize has either engaged in unfair labor practices or where the employer is unable to explain its reason for doubting majority status in rejecting the union’s demand. See Joy Silk Mills, Inc., 85 NLRB 1263 (1949)." [See below under: Employer duty to recognize and/or bargain, on page 7.]
In this episode of Union Free Radio, host Peter List speaks with Phil Wilson of the Labor Relations Institute (LRI) about card check and a number of other labor relations issues employers are facing under the Biden NLRB.
Articles and Resources Mentioned On This Episode

• NLRB GC - Mandatory Submissions To Advice | PDF
• Joy Silk Mills v. National Labor Rel. Board, 185 F.2d 732
• Why Labor Law Needs "Joy Silk" Bargaining Orders
• The Scandalous Story Of How "Joy Silk" Disappeared From Labor Law
• An Update on Labor Law Lite - by Brandon Magner

The PRO Act being pushed by unions and their allies is a dangerously bad bill that threatens jobs, companies and America’s Free Enterprise system. Here’s why: Unions and their Democratic Party allies–like the Democratic Socialists of America–are pushing Congress to enact the so-called “Protecting the Right to Organize Act,” which President Biden has vowed to sign. The bill is a massive rewrite of U.S. labor and employment laws that threatens jobs and job creators, as well as the American Free Enterprise system. In this episode of Union Free Radio, LaborUnionReport.com editor Peter List explains the top five reasons why the PRO Act is so bad. Articles cited in this episode: FACTS ABOUT THE SO-CALLED “PRO” ACT – PROActFacts.org 61% of Small Businesses Say PRO Act Will Destroy Their Business – Small Business Trends It’s MAYDAY for the PRO Act!!, Democratic Socialists of America, Facebook Meet PRO Act legislation threatens franchise small businesses PRO Act for a Green New Deal – Workers and the World Unite Sydney Ghazarian – KeyWiki Counting the number of businesses in the United States

<h3><strong>“A union’s bargaining power depends on three main elements: The right to strike, the ability to strike effectively, and the company’s ability to withstand a strike.” -- Teamster Strike Manual</strong></h3><!--more-->

Since the end of the government lockdowns, work stoppages are (<a href="https://paydayreport.com/payday-track-its-1400th-strike-as-retail-worker-rebellion-grows/" rel="noopener" target="_blank">unoffcially</a>) on the rise.

<br>

In this episode of Union Free Radio, host Peter List walks listeners through the more technical aspects of the different types of labor disputes--both union and non-union--from strikes and lockouts, as well as non-union employees' Section Seven Rights when it comes to strikes.

<br>

<hr/>

<strong>Links to articles and references used in this episode of Union Free Radio:</strong>

<ul>

<li><A href='https://www.latimes.com/archives/la-xpm-2002-may-01-me-passings1.2-story.html'>John Morris, 76; Led Philadelphia Teamsters for 44 Years Till Ouster</A></li>

<li><A href='https://www.nytimes.com/1993/12/12/weekinreview/conversations-john-p-morris-disillusioned-teamster-boss-doubts-even-he-can-save.html'>Conversations: John P. Morris; A Disillusioned Teamster Boss Doubts Even He Can Save Labor</A></li>

<li><A href='https://www.nbcnews.com/tech/tech-news/activision-blizzard-workers-walk-sexual-harassment-lawsuit-rcna1525'>Activision Blizzard workers walk out after sexual harassment lawsuit</A></li>

<li><A href='https://www.theguardian.com/business/2021/jul/28/union-advocates-rally-striking-alabama-coalminers'>Union advocates rally in New York to support striking Alabama coalminers</A></li>

<li><A href='https://www.bls.gov/wsp/'>BLS: Work Stoppages Home Page</A></li>

<li><A href='https://www.bls.gov/news.release/wkstp.nr0.htm'>BLS: In 2020 there were 8 major work stoppages, the third lowest number since 1947</A></li>

<li><A href='https://paydayreport.com/payday-track-its-1400th-strike-as-retail-worker-rebellion-grows/'>Payday Tracks Its 1,400th Strike as "Retail Worker Rebellion" Grows</A></li>

<li><A href='https://definitions.uslegal.com/l/labor-dispute/'>Labor Dispute Law and Legal Definition | USLegal, Inc.</A></li>

<li><A href='https://www.hrzone.com/hr-glossary/what-is-a-work-stoppage'>What is a Work Stoppage? | HRZone</A></li>

<li><A href='https://www.dictionary.com/browse/strike'>Strike | Definition of Strike at Dictionary.com</A></li>

<li><A href='https://www.nlrb.gov/about-nlrb/rights-we-protect/our-enforcement-activity/protected-concerted-activity'>NLRB: Protected Concerted Activity</A></li>

<li><a href="https://www.nlrb.gov/sites/default/files/attachments/pages/node-184/basicguide.pdf" rel="noopener" target="_blank">NLRB | A Basic Guide to the National Labor Relations Act (PDF)</a></li>

<li><A href='https://roanoke.com/news/local/experts-uaw-and-volvo-face-risks-in-current-contract-impasse/article_1fac614c-e34c-11eb-a412-4310a7fb2979.html'>Experts: UAW and Volvo face risks in current contract impasse</A></li>

<li><A href='https://www.wsws.org/en/articles/2021/07/20/vrfc-j20.html'>Volvo workers issue statement: “Where we are, what we’ve gone through and what’s next in our struggle”</A></li>

<ul>

'Why buy the cow, when you can get the milk for free?' On July 4, 2021, New York City's "Just Cause Law" took effect for fast-food operators and their employees.
Although many employers may be concerned these types of laws will spread to other municipalities or states, that may not necessarily be a bad thing.
In this episode of Union Free Radio, host Peter List unravels the history of "employment at will," the mystery of "Just Cause Discipline," as well as "Progressive Discipline," and explains how New York City's new law may actually hurt, rather than help, today's unions.
"Once The State, or 'Big Brother,' is mandating wages and 'fair treatment,'" List asks, "how many workers will voluntarily give a portion of their paychecks to advocacy group—or unions?"
Links to articles and sources cited in this podcast:

• Employment-at-will Doctrine
• Servitude and Captivity in the Common Law of Master-Servant: Judicial Interpretations of the Thirteenth Amendment’s Labor Vision Immediately After Its Enactment [in PDF]
• Employment-at-Will Does Not Mean What You Think It Means | Inc.com
• [Montana] Wrongful Discharge From Employment Act (WDEA) Law and Legal Definition | USLegal, Inc.
• Newsflash: Big Changes to the Wrongful Discharge From Employment Act
• How to Use a Progressive Discipline System | SHRM
• New York City Says Goodbye to At-Will Employment for the Fast Food Industry
• New York City Enacts Sweeping Changes to Fast-Food Industry— Progressive Discipline Rules, “Just Cause” Discharge, Predictive Scheduling, and More | Epstein Becker & Green
• Fast Food Workers Just Cause Job Protections From Harlem To Hollis
• Jurassic Unions: Two "Pro-Union" Ideas To Save Unions Could Actually Help Kill Them Off
• In New York City, Fast-Food Workers May Soon Have a Permanent Voice
• Seven Tests of Just Cause | People & Culture
• Clarification of "Just Cause for Discipline"
• Samuel Gompers Papers

Links to Articles referenced in this episode of Union Free Radio: For prior episodes of Union Free Radio, go here.

Déjà Vu: With the poisonous PRO Act stalled in the U.S. Senate, the White House and union bosses appear to be turning to ‘Plan B’ and preparing a ‘slew’ of executive actions to help unions.

After passing in the U.S. House of Representatives in February, the unions’ holy grail—the Protecting the Right to Organize Act (aka the PRO Act)—appears to be dying a slow death in the U.S. Senate.

Just as it happened ten years ago when the hallucinogenically-named Employee Free Choice Act died in the Senate, the unions had a back-up plan (‘Plan B’).

In this episode of Union Free Radio, host Peter List explains where the PRO Act sits in Washington right now, how its being held up, as well as the unions’ ‘Plan B’ and its ramifications on business owners, human resources, as well as the 59 million independent contractors in the U.S.

• Opinion: Backers of Employee Free Choice Act turn to Plan B - mlive.com
• Sen. Mark Warner gets cakes urging him to support the PRO Act - The Washington Post
• Police Investigating Graffiti On GOP Rep’s Home Telling Her ‘F*** You’ And ‘Pass The Pro Act’
• Punching In: Biden Union Task Force Plots Executive Actions (2)
• FACT SHEET: Executive Order Establishing the White House Task Force on Worker Organizing and Empowerment | The White House
• White House Labor Task Force Readies Executive Actions | HR Policy Association
• Hourly Minimum Wage for Federal Contractors Increases to $15.00 Starting January 30, 2022 | JDSupra
• Sen. Mark Kelly Is Emerging as an Obstacle to the PRO Act
• Go big or go home. Fresh out of our nationwide May Day actions and 750k calls, DSA is setting 1 million calls as its next big goal. Help us organize working class voters to build working class power | DSA On Twitter
• The PRO Act: Federal legislation that will upend America’s labor laws | State Policy Network
• Krystal Ball: Why the PRO Act will Make or Break the Biden Presidency - YouTube
• New NLRB Chair Gives Roadmap for Possible Actions Under Biden
• PRO Act-Pushing AFL-CIO Accused Of Bad-Faith Bargaining By Staff Union 

“There is no odor so bad as that which arises from goodness tainted.” — Henry David Thoreau

Not all unions are corrupt, but most unions have some people who are corrupt.

Today, the Department of Labor’s Office of Labor Management Standards is planning to do a “public outreach” campaign to let the public know that unions are not as corrupt as they tend to seem.

That’s all well and good. 

However, with the recent sentencing of two former United Auto Workers presidents to prison in the last two months, union corruption is alive and well–and, in the case of the UAW, it is union members who will be paying the price for years to come.

In this episode of Union Free Radio, host Peter List talks about the five basic types of union corruption and shares examples of each.

Articles and links mentioned discussed in this episode of Union Free Radio:

• Disgraced ex-UAW president Jones sentenced to 28 months for theft
• Union Dues At Work: Another UAW Top Boss Sentenced To 28 Months As Members Pay For Corrupt Execs' Actions
• Union using nonunion labor to build retirement home for former president | Washington Examiner
• The United States Reaches a Settlement with the United Auto Workers Union to Reform the Union and End Corruption and Fraud | Department of Justice
• Feds indict Philadelphia union boss Johnny 'Doc' Dougherty, IBEW Local 98
• Labor Leader John Dougherty of IBEW 98 Facing Federal Charges – NBC10 Philadelphia
• Teamsters Say Goodbye to U.S. Oversight 30 Years After Takeover
• Labor Racketeering: The Mafia and the Unions | Office of Justice Programs
• Feds: Union official sought bribes from insurance administrator exec
• Strong Mob Ties to 4 Big Unions Charged : U.S. Lacks Strategy to Attack Issue, President's Crime Panel Says - Los Angeles Times
• Union Corruption Report: Here Are All The Corrupt Union Bosses Caught In 2020
• 7 Completely True Events The Movie Casino Is Based On

For more links and prior episodes of Union Free Radio, go here.

“By failing to prepare, you are preparing to fail.” — Benjamin Franklin All too often, employers are afraid to talk to their employees about unions. However, talking with employees about unions is NOT unlawful, as long as it is done legally and carefully. Here’s how…

For many union-free employers around the nation, talking to their employees about unions can be an angst-ridden decision.

However, it does not need to be.

Union-Free employers DO have a legal right to talk to employees about unions, as long as they Don’t S.P.I.T.—that is, DO NOT spy on employees, make promises to employees, interrogate employees, or threaten employees.

In this episode of Union Free Radio, LaborUnionReport.com editor and UFR host Peter List shares what is commonly known as the basic 'DOs & Don'ts' of engaging with employees about unions and labor law (see Legal Disclaimer below), as well as some practical pointers.

Legal Disclaimer: Past performance may not be indicative of future results. Nothing on Union Free Radio should be contrued or misconstrued to constitute legal advice. All Union Free Radio listeners should consult with their attorneys. Due to various factors, including changing laws, administrative agency rulings, or court judgments, the advice given on this podcast should be viewed as informal, not formal advice.

Related articles and materials in this post:

• DO'S & DON'TS - HOW TO TALK WITH EMPLOYEES ABOUT UNIONS
• Union Free Radio, Ep. 5: Here’s A Simple, Six-Step Recipe For Staying Union Free
• What can management do during a union campaign?
• What is an unfair labor practice by management?

As unions like the Teamsters continue to target Amazon, it has become increasingly clear that Unions Need Amazon More Than Amazon Workers Need A Union.

'It’s not you, it’s us…'

Beyond the RWDSU’s recent debacle trying to unionize thousands of Amazon workers in Bessemer, Alabama, it is becoming increasingly clear that unions need Amazon more than Amazon workers need unions.

In this episode of Union Free Radio, host Peter List gives context as to why unions are so threatened by Amazon and its union-free status

Articles cited in this episode, as well as other resources:

• Union Free Radio, Ep. 2: Sorry, Joe, Unions Did NOT Build The Middle Class
• O'Brien-Zuckerman/Teamsters United 2021 - Posts | Facebook
• How to Become a Market Disruptor and Keep Your Business Alive
• Salaries in Alabama | PayScale
• U.S. Amazon Prime users 2022 | Statista
• Amazon Employee Benefits
• Amazon now has more than 1 million employees, after hiring 400,000 workers this year - The Washington Post
• Amazon robber baron Jeff Bezos’ abusive labor practices – Liberation News
• Average Hourly Rate for United Parcel Service (UPS), Inc. Employees
• UPS salaries: How much does UPS pay? | Indeed.com
• Compare Working at UPS vs Amazon | Glassdoor
• Covid relief bill gives $86 billion bailout to failing union pension plans
• Thousands of Teamsters voted against a new UPS contract. It was ratified anyway. Union drivers feel betrayed. - Chicago Tribune
• Amazon to raise pay for 500,000 workers. - The New York Times
• Amazon workers vote down Alabama union campaign - The Verge
• Amazon to spend $1B to boost pay for 500k operations workers by as much as $3 an hour - GeekWire
• The failure to unionize Amazon is the union’s own fault | Opinion

The Biden Administration's focus on helping unions organize employers has many HR professionals and small business owners looking for tips on remaining union free. Here is a simple six-step recipe. Since January, there has been a sea change in the federal government's approach to labor relations.
In this episode of Union Free Radio, host Peter List shares a simple six step recipe for remaining union free for human resource professionals, small business owners and anyone who carries the title “manager or supervisor."
"None of this is rocket science," List states, "in fact, it's mostly common sense. And, if you follow this simple recipe, it should greatly diminish the chances of a union organizer gaining a toehold into your workplace."

Articles and resources cited in this episode:

• Election Reports – FY 2020 | National Labor Relations Board
  
• Vice President Harris Meets with the Task Force on Worker Organizing and Empowerment – YouTube
  
• Six Simple* Step-By-Step Strategies To Keep Your Workplace Union-Free
  
• Successful Union Strategies for Winning Certification Elections and First Contracts: Report to Union Participants (Part 1: Organizing Survey Results) [PDF] | NLRB
  
• Organized Labor Concedes: Employer Violations Rare in Secret Ballot Elections
  
• Voice of the Employer: A Mixed-Methods Study of Winning Messages for NLRB Elections [For Purchase]
  
• Organized Labor Concedes: Employer Violations Rare in Secret Ballot Elections
  
• Union Myths from Union Mouths
  

With California's passage of AB5, union-backed politicians took aim at companies like Uber and Lyft--and missed...Now, though, the 57 million Americans who make up America's 'gig economy' may ultimately pay the price with the poisonous PRO Act. Following a listener's question about the onerous 'ABC Test' contained in the poisonous PRO Act, Union Free Radio host Peter List takes listeners on a deep-dive of what the ABC Test is, and how it could devastate the 57 million Americans who comprise the 'gig economy.'

• Click here for past episodes of Union Free Radio.

Articles cited in this episode (and other resources):

• Union Free Radio, Ep. 1: Five Reasons People Hate The PRO Act
• Survey: 80% of Freelance Writers are Concerned about The PRO Act Affecting Their Ability to Work
• What is the gig economy? Definition from WhatIs.com
• Freelancing in America: 2019 Survey - Upwork
• Freelancers hold generally positive attitudes towards gig economy
• Skilled freelancers earn more per hour than 70% of workers in US
• Contingent and Alternative Employment Arrangements -- BLS News Release
• How Many Uber Drivers Are There?
• New York Taxi Workers Defeat Uber and Lyft with Landmark Legislation - Institute for Policy Studies
• Ridesharing services in the U.S.- statistics & facts | Statista
• The Dynamex Decision: The California Supreme Court Restricts Use of Independent Contractors | Labor & Employment Law Blog
• AB5: Labor wins big with bill rewriting California employment law - Los Angeles Times
• What Freelancers Should Be Worried About in the PRO Act
• Vox Media to cut hundreds of freelance jobs ahead of California's AB5
• California voters saved Uber and Lyft — and writers, artists and other independent workers

For more links referenced in this episode, go to LaborUnionReport.com's Union Free Radio.