Social media and America's pastime

There is nothing like an early spring to make you think baseball. And this is an early spring the azaleas have just finished and the amaryllis and day lilies are a few days from busting out, but I digress. MLB has just issued a social media policy and it seems the most traditional of the professional sports leagues has gone progressive and actually encourages players to use social media to communicate directly with fans. The policy was embraced by the new collective bargaining agreement between MLB and the MLBPA. Bullet points courtesy of Greg Calcaterra at Hardball Talk:

• Players can’t make what can be construed as official club or league statements without permission;
• Players can’t use copyrighted team logos and stuff without permission or tweet confidential or private information about teams or players, their families, etc.;
• Players can’t link to any MLB website or platform from social media without permission; (i don't get this)
• No tweets condoning or appearing to condone the use of substances on the MLB banned drug list 
• No ripping umpires or questioning their integrity;
• No racial, sexist, homophobic, anti-religious, etc. etc. content;
• No harassment or threats of violence;
• Nothing sexually explicit;
• Nothing otherwise illegal.

The list is pretty straight forward except for that weird prohibition on linking to MLB sites. Hey owners, WTF, don't you want that? The list also avoids common issues the NLRB has with overbroad social media policies that would chill employees section 7 rights. In a follow up post Calcaterra discusses the NLRA and protected concerted activity, and I think he gets it right. I have a feeling the NLRB would  not find two players publicly criticizing an umpire protected activity. Think product disparagement.

Dump the NLRB

Does a Republican presidential candidate really want to eliminate the National Labor Relations Board? Be careful what you ask for. Does he intend to repeal the NLRA, or just shift enforcement to federal courts? As we have noted before, plenty in the labor movement might welcome the ability to use economic coercion which the NLRA prohibits.

Diversity training ineffective

Just read a fairly interesting article dissing diversity training. No, its not an assault on political correctness, rather it says its not effective. Money quote after the jump

Horton appealed

The NLRB's decision in D. R. Horton has been appealed to the Fifth Circuit. This is the case where the NLRB found an arbitration policy waiving class or collective relief on employment law claims interferes with employees rights under the NLRA. Our prior post is here.

Citizens United did what?

Did Citizens United open the door for broader union efforts for Democrats in 2012? The answer appears to be yes. The evidence is the Ohio referendum repealing anti-union legislation passed by Republicans.

"At will" policy violates NLRA

Can an employer's "at will" statement and handbook acknowledgement form violate the NLRA? One administrative law judge has ruled it can. In American Red Cross Arizona Blood Services Region, Case No. 28-CA-23443 downloadable here (February 1, 2012) the ALJ found an Employers acknowledgement form, which employees are required to sign, and which states “I further agree that the at-will employment relationship cannot be amended, modified or altered in any way” violated the Act by maintaining and requiring employees to sign an acknowledgement form which is overly-broad and discriminatory. It is reasonable to expect the current NLRB to affirm this decision. If so, a whole lot of employers will be changing their at-will language. ALJ's money quote after the jump.

Jobs grow in February

The Bureau of Labor Statistics (BLS) issued its report on February jobs creation today. The nonfarm payroll employment added a net gain of 227,000  jobs in Frebruary. The unemployment rate remained at 8.3% due to more persons reentering the workforce. December's report also was revised upward from +203,000 to +223,000, and the change for January was revised upward from +243,000 to +284,000.

Public support of unions higher than thought

A new Bloomberg National Poll finds unions with more support than one might suspect. 

Sixty-four percent of respondents, including a plurality of Republicans, say public employees should have the right to bargain collectively for their wages. Sixty-three percent, including 55 percent of Republicans, say states without enough money to pay for all the pension benefits they have promised to current retirees shouldn’t be able to break those obligations.

Yikes! indigesgtion

Radaronline reports on a discrimination complaint filed against Celebrity Chef Paula Deen and her brother by a former manager alleging harassment. The allegations of the 123 paragraph Complaint are remarkable.

Court (mostly) upholds NLRB Notice posting requirement

A federal district court judge has ruled the NLRB lawfully implemented a rule requiring employers to post a notice of NLRB rights. The court noted, however, the failure to post a notice could not be a per se violation of Section 8(a)(1). The Board must employ a case by case analysis which should include a finding of interference or infringement upon rights protected by the Act. As a practical matter this provides wide leeway to find a violation in almost all circumstances. The court also rejected the rule's provision that a failure to post could toll the 10(b) limitations period because it conflicted with the statutory mandated period. The requirements become effective April 30.

Secondary boycotts are effective

Business advocates who would do away with the National Labor Relations Board should think about what happens if effective collective actions by unions, like secondary boycotts, were no longer prohibited. After all, other advocacy groups find secondary pressure extremely effective.

Boeing and Lafe

The Seattle Times has an interesting story on Lafe Solomon and the Boeing case, some of the political aspects and pressures, and background on Solomon himself.

Rustbelt Right to Work challenged

A union has sued to block implementation of Indiana's new Right to Work law.

Empire State union density declines

Union membership density in New York declined (incremental) for the second year in a row to 24.1%. The recorded high point is 1991 (29.1%). This decline is dramatic for a state with significant union membership, the decline is significantly smaller than the decline recorded nationwide.

Just how much will unions spend this election cycle? A lot.

NLRB nominations

The White House has formally sent the nominations of Terence F. Flynn, Sharon Block, and Richard F. Griffin, Jr. to the Senate for confirmation as National Labor Relations Board members. The three received recess appointments in January. These recess appointments are controversial, subject of a congressional hearing, and being challenged in court.

Rebuilding labor

Mike Elk has a post at In These Times about rebuilding the labor movement. What he gets right is big initiatives by big labor don't work. Organizing workers is a long hard slog. One that requires localizing union solutions for uniquely local problems. This requires hard work, but yields success, albeit in small increments.

Motivating factor

Missouri lawmakers have passed a bill in the House which would amend the standard of proof of discrimination claims to more closely mirror a more restrictive burden of proof under the federal anti-discrimination laws. The bill would require plaintiffs to prove discrimination was a “motivating factor” – not simply a contributing factor – in the employer’s action. Several lawmakers are quoted as to their reasoning.

Really? No Really!

Federal Judge Lynn N. Hughes in the Southern District of Texas has granted summary judgement against the EEOC in a case where the Commission claimed an employee was fired because she wanted to pump breast milk for her new born at work. Title VII prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. In EEOC v. Houston Funding II, Ltd, Judge Hughes joins several other district courts in finding "[f]iring someone because of lactation or breast pumping is not sex discrimination . . . the law does not punish lactation discrimination." One can understand the logic that lactation discrimination is not pregnancy or child birth discrimination, but isn't a a medical condition related thereto?

Hill Does Lafe

The Hill has an interesting piece on NLRB General Counsel Lafe Solomon and his handling of the Boeing case.

Arbitration rejected

In Carey v. 24 Hour Fitness USA, Inc., the Fifth Circuit affirmed a trial court refusal to order arbitration of a FLSA claim because the employer retained the right to modify the arbitration agreement retroactively.

Unemployment drops to 8.3%

The Bureau of Labor Statistics (BLS) released its January jobs report this morning, and the news is BTE. Private sector jobs grew by 257,000 but declines in public sector employment reduced the non-farm payroll employment gain to 243,000. The report also adjusted upward the gains reported for November and December 2011.

IBEW wins at GE

Daily Kos has an interesting piece from the union perspective about the IBEW's first win at a General Electric plant in 10 years. Short take - broken promises.

Indiana passes right to work

Indiana is now a right to work state. The real question is "what does that mean?"

EEOC reports FY 2011 activity

The Equal Employment Opportunity Commission (EEOC) has released its 2011 activity report. Highlights: Record number of charges filed (99,947), resolutions (112,499) and almost a half billion dollars in financial relief. Detailed statistics can be found here.