Closing NUMMI

General Motors and Toyota joint ventured to establish NUMMI in 1984. This week the last of 7.7 million vehicles will leave the assembly line and the plant will close. As this article points out NUMMI was an American success story. Its demise has more to do with it being 25 years old than GM and its unions.

Female genocide

The Economist has an interesting Article not strictly employment related, but fascinating nevertheless. The Worldwide War on Baby Girls explores the consequences of China's one child policy, and the skewed birth statistics which have resulted. The issue is not limited to China as India and parts of the old Soviet Union have an increased disparity. By 2020 China may have 40 Million more males under 20 than it has females. Thats roughly as many as the entire United States population of males under twenty is estimated to be. The social consequences of millions of young men in a society unable to marry are mind boggling - increased crime rate for one. Will the theory of unintended consequences derail China's emergence as a worldwide economic superpower?

Off the cliff

Membership in the United Auto Workers Union (UAW) declined 18% in 2009.

Attendance not essential

Attendance, FMLA and the ADA. The combination can be a toxic brew for employers. When does intermittent absence render an employee unqualified? The Fifth Circuit's opinion in Carmona v. Southwest Airlines Company provides an interesting answer. More after the jump.

Becker to get recess

President Obama will use recess appointments to by-pass Senate confirmation for 15 high level appointments including Craig Becker's appointment to the NLRB, as well as that of another Democrat, Mark Gaston Pearce.  The NLRB's press release is here. 

Got milk?

The Patient Protection and Affordable Care Act contains a few surprises. New FLSA section (29 U.S.C. 207(r)(1) requires employers employing 50 employees or more to provide to provide "reasonable" unpaid breaks and a private space, other than a restroom, for mothers to express milk unless to do so would “impose an undue hardship by causing the employer significant difficulty or expense.”

Mixed Motive retaliation lives

A divided Fifth Circuit panel has ruled that a mixed motive instruction in a Title VII retaliation case is appropriate, does not require direct evidence to support it, and is not inconsistent with the Supreme Court's decision in Gross v. FBL Financial Services, Inc., 129 S. Ct. 23 43 (2009). The majority opinion (Reavely and Wiener) is a must read for practitioners in the Fifth Circuit. It presents the past and present law of the Circuit in a straightforward, understandable opinion. The dissent (Jolly) notes the decision conflicts with the Seventh Circuit's ruling in Serwatka v. Rockwell Automation, Inc., 591 F.3d 957, 961 (7th Cir. 2010).

NFLPA poses 10

Mike Florio analyzes the ten questions the players union has posed to the NFL.

Organizing mom and pop

Here's an interesting account of the efforts of one young employee to unionize a family business. The headline is misleading because the efforts started before he was fired. The point here for employers is the dispute really isn't over wages and benefits, rather its over irritants many employers wont see or acknowledge. It is these irritants, and management's failure to provide an acceptable rationale for its policies that drive employees to seek third party representation, more than wage benefit issues.

HCR timeline

The SEIU Blog has a timeline for when provisions of HCR take effect.

HCR 2

David Frum again makes sense noting the issues on which the GOP can regroup on healthcare, and the ones that will continue to destroy all possibility of either civilized discourse or reform. Frum is particularly on point about employer provided insurance as being the original sin of healthcare, as well as fines on employers who discontinue healthcare being a lousy solution.

2010 and HCR

We've stayed away from posting about healthcare, because until now, there was little definite about anything in the package. Now there is. This political football surely will affect employers and employees for years to come. We're not sure that the final product will be nearly as unpopular as the sausage making appeared to be. For one, there are some immediate and concrete benefits to a wide range of employees. Being able to carry your college graduate, but unemployed child on a parents' plan to age 27 for one. We suspect there will be many people realizing concrete, immediate unexpected benefits from the plan. CNN's poll showing only 39% favoring the bill and 59% against, is misleading. When broken down as to why people opposed the bill only 43% opposed it because it was too liberal, and 13% said they opposed it because it was not liberal enough. Now, while substantial confusion remains concerning the substantive provisions, 52% polled either out right favored the bill or thought it did not go far enough. Remember President Obama received less than 53% of the vote in 2008. There is a very real prospect that HCR will grow in popularity as its provisions become known, and the hysterical posturing by opponents does not come to pass. Even conservatives are pessimistic about riding healthcare to electoral wins. For those of us who believe in limited government, and personal responsibility, its easy to be concerned for the future. By abdicating responsibility and demonizing reform rather than participating in it, Republicans inherit responsibility for many aspects of this bill, which could have been made better by reasonable attempts to compromise. The party of Lincoln, T. Roosevelt and Reagan has been overrun by what David Frum calls the Republican entertainment industry. Long term, the opinions of that industry, of Beck, Limbaugh, Savage, and their ilk will continue to weaken the Republican brand and diminish the broad appeal necessary to be a national party.

Spying!

We previously posted about the school in Pennsylvania that surreptitiously activated laptop cameras to record activity while students were at home. While schools and employers arguably could impose a duty to consent to such monitoring in return for use of the school or company computer, the school had not amended its computer use policy to take that into account. Here's an extended post following up on the controversy. It gives more background about the controversy, including the cost of the software ($156,357) and the fact that the software company's new owner is discontinuing the video surveillance option.

PLA's are controversial

Here's a non-hysterical piece on Project Labor Agreements.

MLS, players reach agreement

The only MLS strikers will be on the pitch. Major League soccer and the players reached agreement on a contract providing guaranteed salaries, some player mobility and raises.

New Process Steel analysis

Scotusblog has a good post on the Parties arguments in the 2 Member NLRB case set for oral argument on March 23.

Union salaries jump

At pro-union LABORnotes a new post presents the startling fact that 10,000 union officials and staff earned over $100,000 in annual compensation in 2008, the last year with complete statistics. The information is compiled from data required to be filed under the Labor Management Reporting and Disclosure Act (LMRDA). This number has tripled since 2000.

EFCA status

Industry Week has a good, non-hysterical piece on EFCA which provides good information on its status and quotes from both manufacturing groups and labor. Bottom line, passage is unlikely, but labor remains optimistic.

Reporters and the NLRA

On March 11, the NLRB requested en banc consideration of a divided 9th Circuit panel opinion in McDermott v. Ampersand Publ'g LLC d/b/a Santa Barbara News-Press, 9th Cir., No. 08-56202. In that case the majority found a 10(j) injunction in favor of reporters asserting a violation of the NLRA would run afoul of the employer's First Amendment rights. Our previous post on the panel decision is here.

Toyota no hearts California

We have previously posted here and here about the silly attempt to make car manufacturers proxies in the Union/Anti union wars and in the red blue game. Bob Herbert's NYT opinion piece provides fuel and a black hat portrait of Toyota and its decision to close NUMMI and the impact of job losses in California.

Facts matter

Columnist Leonard Pitts, Jr. spoke last night at Loyola Law School. His topic, facts matter. On this issue he is absolutely on target as we have previously blogged. The Times Picayune article is here.

Boss' right to snoop

Workplace privacy has been virtually eradicated by technology and a judicial climate supporting nosey employers, according to this AFL-CIO blogger.

MLS strike vore

When my son was playing youth soccer, one year he played on a team called the "Strikers." Knowledgeable soccer fans know the origins of the term. As a labor and employment attorney my friends made a few comments about me hanging with a bunch of, uh, strikers. All in good fun, of course. Now Major League Soccer players are likely to experience what it is to be a striker off the field. 350 MLS players reportedly voted overwhelmingly to authorize a strike if they do not have a collective bargaining agreement in place before the beginning of the season.

EEOC sues law firm for age discrimination

Often law firms force or "incentivise" partners into "senior status when they reach a certain age. One New York firm has been sued by the EEOC on behalf of a 79 year old partner forced to give up his equity interest at age 70, and allegedly paid less than younger partners despite comparable or better billings and collections. Key issue: Are partners employees for purposes of ADEA? The New York Law Journal has background here.

EFCA does what?

This John C. Ryan piece at Huffington Post provides insight into the EFCA issue. Interesting points about union discrimination affirmative action and diversity. All in all its a pretty non-hysterical look at views on EFCA by current union members.

Knock, knock

United States Immigration and Customs Enforcement (ICE) has targeted employers in six states (Louisiana, Mississippi, Alabama, Arkansas and Tennessee) for inspections to ensure compliance with I-9 employment eligibility verification.

EFCA fowl (sic)

"Third generation union organizer" Mike Elk's piece confirming EFCA is dead started it by suggesting the EFCA battle is one with larger themes and objectives than, uh, EFCA. Then came the crying "fowl" in this post by J. Justin Wilson claiming the EFCA fight is war by proxy in "a larger conflict about political sway, public opinion, and economic ideology." One is forced to pause here and consider whether Wilson is referring to Galliformes or  Anseriformes, or as is likely, neither, but I digress. Elk retorts at Firedoglake calling Wilson "the corporate version of that creepy hit man from No Country for Old Men." Elk's position? Wilson, tool of Wall Street, needs to continue destroying unions to continue destroying the economy. You can't make this stuff up . . .

Becker appointment looming?

John Judis in this piece in The New Republic makes the case for President Obama to "put [Craig] Becker on the NLRB via recess appointment."

Evil abounds

A former chief economist for the DoL does a good job of putting in perspective some conservative talking points about the evil that is organized labor.

9.7% and steady

The Bureau of Labor Statistics reported the nations unemployment rate remained steady at 9.7%.

Politics at the Board

I have to chuckle when I see posts like this complaining that the NLRB is political. Its designed that way, and pretty much has been institutionally an entity which furthers the interests of unions an unionization. It's that way because the NLRA is that way. One need only read the Section 1 "Findings and Policies" 29 U.S.C. § 151.

First transit strikes again

Seems a strike and subsequent lockout at the University of Alabama is attributable to the awakening that occurred when the two schools met in the Rose Bowl. Thats where First Transit's Alabama drivers became aware that First Transit's Texas drivers made a lot more green.

Recess?

Labor Secretary Hilda Solis suggests action on the Becker NLRB appointment will please labor. Recess appointment? Not sure, but solis told labor leaders they would be "very pleased."

2010

Labor's disappointment with the accomplishments of the current administration is visible. Pundits have suggested labor would sit out the 2010 elections. But the AFL-CIO has announced its rational mid-term strategy to firewall vulnerable democrats in union strongholds like New York, California, Nevada, Pennsylvania, Ohio and Illinois. The AFL-CIO pledges to spend more than the $53 Million it spent electing President Obama. Democrats who have not supported labor's agenda can expect labor will support primary opponents.

Firedoglake loves it some EFCA

This piece at progressive site Firedoglake inconsistently and inaccurately describes the effect of old EFCA and its card check provisions. On the one hand he says EFCA allows prompt unionization, while on the other says it does not eliminate secret ballot determinations of majority status, which it does de facto. The interesting part is the guy does understand human resource management, at least the employee participation and motivation aspects. The thinking goes awry when he embraces quickie unionization as an appropriate counterpoint to unilateral management action, which the poster seems to assume, is always is detrimental to employees. But what occurs when an emotional, but insignificant issue sweeps through a workforce prompting card signing, resulting in unionization of a workplace under EFCA. Quickie determinations of majority status may not be enduring ones. Because EFCA provides no corresponding method for decertification on an expedited basis, employees cannot act immediately, in ways the poster suggests empowers them appropriately when dealing with management. The same check on union excesses is needed, but absent because unions are provided a period of irrebuttable presumption of continuing majority status.  To be intellectually honest, EFCA proponents must address this logical flaw.

More on UAW ruining Toyota's rep

In an interesting follow up to yesterday's post about bashing labor as a cause for Toyota's ills, WNOL posted the this analysis of the political players. Key point, the investigators do not include "rust belt" senators arguably more beholding to American carmakers.

Labor is the problem, huh?

Another "facts matter" example of making a anti-labor point with questionable facts and logic. This opinion piece blames General Motors and its political friends in Washington for Toyota's recent image bashing. While there may be a lot of reasons to blame the UAW for the decline of American carmakers, this connection just seems weird. Essentially the writer says the PR bloodbath Toyota has taken is fueled by tools of the UAW. The reality is Toyota made some flawed products, and as this article notes, there are plenty of deaths and lawsuits.