One aspect of labor policy
- From the Washington Post: As rail strike deadline nears, Biden calls on Congress to intervene.
“I am calling on Congress to pass legislation immediately to adopt the Tentative Agreement between railroad workers and operators – without any modifications or delay – to avert a potentially crippling national rail shutdown,” Biden said in his statement on Monday evening.
That deal was recently voted down by four railroad unions representing most of the union members. The rail workers have said they are angry and frustrated that the deal lacked paid sick days or other substantial changes to an attendance policy that penalizes workers for taking time off while they are sick.
A rail strike could threaten the nation’s water supply, halt passenger rail travel and trigger major disruptions to the U.S. supply chain during the height of the holiday season, potentially worsening inflation. Already, some tech companies have begun rerouting cargo shipments from railroads to trucks in preparation for a potential shutdown.
- From the Texas Tribune: Fort Worth Star-Telegram journalists go on strike, citing unfair labor practices.
The newsroom’s union alleges the newspaper’s parent company, McClatchy, is not bargaining a contract in good faith. McClatchy is now owned by hedge-fund Chatham Asset Management. The union filed an Unfair Labor Practice complaint in August. McClatchy also has two other complaints against it – one for repudiation/modification of a contract and another for refusal to furnish information.
Of union card holding members, 21 of 23 went on strike Monday at the Star-Telegram, said Kaley Johnson, vice president of the Fort Worth NewsGuild. There’s 27 eligible union members in the newsroom.
The strike is two years in the making, said Johnson, a justice reporter for the Star-Telegram. She said McClatchy has refused to move on contract negotiations. Among the union’s proposals is a $57,500 wage floor. McClatchy countered with a $45,000 wage floor.
“What we and other McClatchy unionized papers have seen repeatedly is that McClatchy comes to the table and does not move at all,” Johnson said. “So we'll submit a proposal and they'll send us back their initial proposal, which sometimes is existing company policy, and then they'll do that again and again and again.”
The strike will not end until a fair contract has been reached, Johnson said. Under the National Labor Relations Act, employees who strike because of unfair labor practices cannot be fired or replaced while striking.
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Related topics:
- Wikipedia: National Labor Relations Board.
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the National Labor Relations Act of 1935 it supervises elections for labor union representation and can investigate and remedy unfair labor practices.
- Wikipedia: National Labor Relations Act of 1935.
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions.[1] The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt.
- Wikipedia: Collective bargaining.
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs.
- Wikipedia: Unfair labor practices.
The NLRB has the authority to investigate and remedy unfair labor practices, which are defined in Section 8 of the Act. In broad terms, the NLRB makes it unlawful for an employer to:
- interfere with two or more employees acting in concert to protect rights provided for in the Act, whether or not a union exists
- to dominate or interfere with the formation or administration of a labor organization
- to discriminate against an employee from engaging in concerted or union activities or refraining from them
- to discriminate against an employee for filing charges with the NLRB or taking part in any NLRB proceedings
- to refuse to bargain with the union that is the lawful representative of its employees
The Act similarly bars unions from:
- restraining or coercing employees in the exercise of their rights or an employer in the choice of its bargaining representative
- causing an employer to discriminate against an employee
- refusing to bargain with the employer of the employees it represents
- engaging in certain types of secondary boycotts
- requiring excessive dues
- engaging in featherbedding (requiring an employer to pay for unneeded workers)
- picketing for recognition for more than thirty days without petitioning for an election
- entering into "hot cargo" agreements (refusing to handle goods from an anti-union employer)
- striking or picketing a health care establishment without giving the required notice
