Job growth spurts

The latest jobs report from the Bureau of Labor Statistics reflects strong job growth in February - 236,000, far better than estimates, and a drop in unemployment rate to 7.7%, the lowest point since December of 2008.

How not to argue against raising the minimum wage

One opponent of raising the minimum wage makes a dated argument that is very persuasive in an unintended way.

Job growth continues

The latest Bureau of Labor Statistics jobs report is out. Unemployment creeps up, but job growth steady. Economy adds 157,000 jobs. The change in total nonfarm payroll employment for November was revised from +161,000 to +247,000, and the change for December was revised from +155,000 to +196,000.

Union decline continues in 2012

From the Bureau of Labor Statistics (BLS) annual report on union membership:

"In 2012, the union membership rate--the percent of wage and salary workers who were members of a union--was 11.3 percent, down from 11.8 percent in 2011, the U.S. Bureau of Labor Statistics reported today. The number of wage and salary workers belonging to unions, at 14.4 million, also declined over the year. In 1983, the first year for which comparable union data are available, the union membership rate was 20.1 percent, and there were 17.7 million union workers."

Declining volume of strikes

Anyone needing factual confirmation of the decline of organized labor need only look at the historical trend of strikes affecting more than 1000 workers. The decline since the 1970's is steep. In contrast, the number of employees idled by management lockouts has spiked.

Pigs flying?

The AFL-CIO, the SEIU and the U.S. Chamber of Commerce are exploring a joint effort on immigration reform. Enlightened business interests have for years been pushing sane immigration policies. Labor economists predict labor shortages in coming years. One of the effects of the Hispanic participation in the 2012 election is to remove demonizing immigrants from the political debate.

Fortune releases top employer list

Google, Inc. tops Fortune Magazine's list of top one hundred employers.

Modest job growth continues in December

The January jobs report from the Bureau of Labor Statistics indicates 155,000 jobs were created in December. Unemployment rate remained unchanged at 7.8%.

Religion trumps contraception mandate

In a divided opinion the Seventh Circuit has issued an injunction in favor of an employer and its owners against the contraceptive mandate of the Patient Protection and Affordable Care Act (ACA). This case (and the several others raising the same issue) set up an epic showdown between employers (and it seems also owners) claiming religious objections to mandated programs. In this instance the employer/owners objected to  "no cost sharing contraception, sterilization and medical services the Catholic religion teaches are gravely immoral." The employer/owners claimed the imposition violated their First and Fifth Amendment rights as well as the Religious Freedom Restoration Act. In reversing a trial court denial of injunctive relief the divided panel found the employer and its owners had exhibited a likelihood of success necessary for injunctive relief. A split in circuits exists and the issue probably will reach the Supreme Court. On this one, Judge Rovner's dissent makes a lot of sense.

NLRB issues Significant decision on Bargaining obligations

In Alan Ritchey, Inc., 359 NLRB No. 40 (December 14, 2012) (free download from the NLRB site) the Board has issued a significant decision expanding an employer's obligation to bargain over the imposition of discretionary discipline before imposing discipline on a bargaining unit employee. This obligation is met in the situation where a collective bargaining agreement which has a grievance and arbitration procedure in effect. The significance of this decision is the effect it will have on the period between a union becoming the bargaining representative, but before the union and employer have agreed to a first contract containing a grievance and arbitration mechanism. 

Discretionary discipline which has "a material, substantial, and significant impact on the employees’ terms and conditions of employment" may not be imposed without first providing the union with notice and the opportunity to bargain in good faith. Money quote:

Not every unilateral change that affects terms and conditions of employment triggers the duty to bargain. Rather, the Board asks “whether the changes had a material, substantial, and significant impact on the employees’ terms and conditions of employment.” Toledo Blade Co., 343 NLRB 385, 387 (2004) (emphasis added). This test is a pragmatic one, designed to avoid imposing a bargaining requirement in situations where bargaining is unlikely to produce a different result and, correspondingly, where unilateral action is unlikely to suggest to employees that the union is ineffectual or to precipitate a labor dispute. We draw on this basic principle, adjusted to fit the present context, today. Disciplinary actions such as suspension, demotion, and discharge plainly have an inevitable and immediate impact on employees’ tenure, status, or earnings. Requiring bargaining before these sanctions are imposed is appropriate, as we will explain, because of this impact on the employee and because of the harm caused to the union’s effectiveness as the employees’ representative if bargaining is postponed. Just as plainly, however, other actions that may nevertheless be referred to as discipline and that are rightly viewed as bargainable, such as oral and written warnings, have a lesser impact on employees, viewed as of the time when action is taken and assuming that they do not themselves automatically result in additional discipline based on an employer’s progressive disciplinary system. Bargaining over these lesser sanctions—which is required insofar as they have a “material, substantial, and significant impact” on terms and conditions of employment— may properly be deferred until after they are imposed.

This is a big deal. The case conveys upon represented employees a palpable benefit of unionization even before a contract can be negotiated. Employees immediately receive the benefit of brakes being provided to a suspension or termination of employment. An employer's existing policy, which is subject to employer's discretion, may not be continued unilaterally once the union achieves representative status.

NLRB makes barring off duty employee access to company property exceedingly difficult

The NLRB has issued an interesting decision concerning an employer's ability to limit employee access to employer's facility when the employee is off duty. In Marriott International, 359 NLRB No. 8 (free download at the NLRB web site). The Board's opinion does a good job of explaining the Board's current position on access and use rules. Essentially it appears any rule which does not affirmatively and extensively advise employees of their right to engage in Section 7 activity in the otherwise restricted area of the facility either chills employee rights or intimidates employees from engaging in such rights at all. Also, any discretion reserved to management to permit off duty employees to return for company business invalidates the rule by virtue of creating an exception, subject to managment discretion.

Because the Board defines these infringements by reference to its imaginary "objective employee's" perception of the effect of the rule, the Board can freely find a violation. A rule that does not expressly, accurately and completely advise employees of their rights will be found to chill those rights even where it has never been enforced against an employee in violation of Section 7. Employers limiting access have a daunting task to craft rules which the Board would find acceptable.

Because Section 7 affords rights to all employees, not only those in a unionized employment environments, all employers should seek advice concerning any rules denying employee access to company property.

Michigan repercussions

Looks like Michigan's right to work push is ripe for push back. Gov. Snyder's popularity has plummeted since the right to work legislation was fast tracked. The polling numbers also indicate right to work is overwhelmingly unpopular in the state.

Employers dropping employee health coverage?

Despite all the uproar and anecdotal evidence of employers reacting to the Affordable Care Act by eliminating health insurance coverage for employees, a recent study suggests otherwise.

Michigan and politics

More on the politics of the surprising Michigan right to work campaign from Political Wire.

Michigan slated to become 24th Right to Work state

Right to work legislation passes Michigan's Republican controlled state legislature. If, as expected Michigan's republican governor signs the bill, Michigan will become the nation's 24th right to work state. This move definitely disadvantages unions by allowing workers to refuse to belong and pay dues to a union, despite the fact the union is obligated to represent those workers. While the current battle advantages opponents of labor (and not all employers fall into that group), it may give serious impetus to reforms advantageous to labor. Big labor should seriously reconsider the existing compulsory union model in favor of federal legislative reform permitting micro unions and voluntary unionism. Micro unions would permit small groups of employees to unionize, irrespective of the desires of a majority of employees in the entire enterprise. Voluntary unionism would permit dissenters to opt out of not only obligations to fund a union, but also representation by the union. Those dissenters would be free to bargain directly with their employer.

November job growth

The November jobs report released today by the Bureau of Labor Statistics (BLS) indicates the economy added 146,000 jobs. Unemployment dropped to 7.7%.

Michigan and right to work

Will Michigan become the nation's 24th right to work state? Maybe so.

Who took the big hit?

It does not take a study to prove the overwhelming brunt of the losses from the 2007-2010 "Great Recession" affected the middle class more profoundly than the wealthy or, for that matter the poor. But here is one that does. Simple take aways:

1. Middle class wealth has "collapsed" to a 40 year low.
2. Wealth is more concentrated in this country than income, because many people expend all of their income on living expenses, but those fortunate enough to have "a bit extra" benefit from  government policy favoring investment income over earned income.
3. The major asset for the middle 60% of households  is the family home, which constitutes 2/3rds of the wealth of that group of Americans.
4. For the top 1%, the family home represents less than 10%, and for the next 19%, about 30% of their wealth.
5. Debt, a lot of debt exacerbated the problem.

Respect, find out what it means to ee's

This guy nails it. All employees want self respect, and a good boss/leader knows how to give it and knows how *not* to take it away.

Which professions entice psychopaths?

Well, lawyers are right up there at number 2, just after CEO's and eight spots above chefs.

Immigration change of heart?

The Republican party seems to have awakened to addressing a reality based immigration policy. It took the crushing reality of an electorate increasingly unfavorable to hard line positions on immigration, but moderation on the issue now seems positively to warn the hearts of reasonable Republicans. Many economists have suggested immigration reform is good for the economy, if not necessary to ensure labor is available to fill the positions which will be created in the 21st century.

Red faced

In representation elections an employer cannot poll the voters. Its an unfair labor practice. Every now and then the employer's attorney gets fooled and everyone is surprised at the loss the union puts on the employer. I've never had this type of embarrassment in a representation proceeding. Knock on wood.

Did labor defeat Romney?

Did Republican governors in picking a fight with unions in Ohio and Wisconsin cost Romney the election? The unions think so.

Job growth in October BTE

The Bureau of Labor Statistics final jobs report of the 2012 election cycle is better than expected. The 171,000 jobs created exceeds the ADP estimate released earlier in the week. The unemployment rate ticked up to 7.9% because more workers rejoined the ranks of job seekers. This is the 33rd consecutive month the economy has added jobs. In addition to the October jobs growth, the BLS raised the previously released numbers for August (+142,000 to +192,000) and September (+114,000 to +148,000)

Jobs reports + 158,000

The October jobs report, set for Friday release by the Bureau of Labor Statistics may be the most anticipated significant event remaining in the 2012 presidential campaign. ADP's private sector payroll report released today notes the private sector added 158,000 jobs during the month. Over half of the jobs creation was by large businesses having more than 1000 employees. The BLS report, which will include information on public and private sector jobs, has during the great recession, reflected a bit smaller jobs growth due to the inclusion of the public sector information. Interesting also it appears ADP has changed its methodology in advance of this latest report. That fact is certain to inspire partisan wrangling over the report's results.