Union decline

Union decline: the chart

Ruh Roh

The latest jobs report from the Bureau of Labor Statistics (BLS) notes a net job creation of only 69,000, and that the unemployment rate has risen to 8.2%. Also of note the jobs numbers for March and April were revised downward.

Flynn resigns NLRB

Over the holiday weekend, NLRB Member Terence Flynn resigned, effective July 24, 2012. Flynn has also recused himself from all agency business. Previous posts on accusations against Flynn are here.

Unionization rate by state

Today's Workplace blog has a post (with chart) showing the "unionization" rate on a state by state basis. Nationally the rate in 2011 was 13.3%. Top ten states: New York (26.4%). Alaska (24.3%) Hawaii (24.0 %) Washington (21.2%) Michigan (19.2%), New Jersey (18.8%), California (18.5%), Connecticut (17.6%), Oregon and Rhode Island (17.4%), and Nevada (17.3%). The "unionization" rate statistic is inflated a bit because it includes not only union members, but also those represented under a collective bargaining agreement. Louisiana is 46th (5.9%) and Mississippi is 41st (7.0).

EEOC Statistics

The EEOC has released a fascinating statistical chart depicting case filings on a state by state basis. Mississippi generated 1.8% of total charges and Louisiana 2.1%. Texas and Florida generated the most total charges, with California ranking third, despite a larger population. Of course California's state laws and state courts may provide a favorable environment for aggrieved employees thereby encouraging a bypass of the federal system.

Unionadelphia

In 2008 Philadelphia Magazine published an excellent piece on how big labor still dominates the City of Brotherly Love. Its a long piece but well worth a read as it pre-dates the Teaparty movement, but presages the anti-labor causes that fueled its rise.

NLRB Election rules suspended

The NLRB has "temporarily suspended" implementation of the new representation procedure rules in light of judicial decisions questioning the validity of the approval process. The Board has indicated it will process the petitions filed since the April 30, effective date under the new rule, and similarly indicated it is determined to reimplement the new procedures, and likely in short order.

Court strikes down NLRB election rules

A federal district court has struck down the NLRB's new election rules finding the NLRB lacked a quorum when they were promulgated. Apparently the fact that Member Hayes did not vote meant, in this case, he did not participate so the other two members who voted for the rule did not constitute a quorum.

Congress may get serious about employee privacy

The Password Protection Act of 2012 was introduced yesterday. If passed the Act would severely restrict an employer's ability to compel or coerce employees into providing access to any information stored anywhere on the internet.

Whose been in office when the jobs grew?

Bloomberg reports a "who knew" moment. Since 1960, private sector job growth when Democrats resided in the White House almost doubles the growth occurring when Republicans resided there. This despite the republicans holding the presidency 5 years longer than Democrats. The average number of jobs created during a Democrat's residency is 150,000, compared to 71,000 for Republicans.

Union pushes back for Saints players

The National Football League Players Association (NFLPA) has filed a grievance against the suspensions imposed by Commissioner Goodell. The union makes a procedural argument and a technical immunity argument. The union claims the discipline imposed by Goodell is outside his authority and that under the Collective Bargaining Agreement discipline of players can only be imposed by the System Arbitrator, not Goodell. The second argument relates to a provision of the new CBA that released players for conduct engaged in prior to its effective date (August 4, 2011). Of note, this is a challenge by the NFLPA, not the players, who have not yet appealed.

GC Solomon issues "R" case guidance

NLRB Acting General Counsel Lafe Solomon issued a guidance memorandum concerning the NLRB's new procedures for handling representation elections. The new procedures take effect tomorrow, April 30th.

Criminal records and the EEOC

Employers who use criminal records checks as a part of an employee selection process should review their practices in light of the EEOC's new guidelines on use of criminal records. FAQ's here.

Thweeeeeeet! You're fired

Louisiana has one of the weakest, and for employees most dangerous, whistleblower protection Acts in the country. Arguably no employee should want to run the risks they are exposed to for blowing the whistle on an employer. Not only is termination from employment possible, but the employee who unsuccessfully blows the whistle without winning the issue is exposed to liability for the employer's costs and attorney fees. Practically speaking there are few employees and fewer circumstances which warrant this type of risk. State Representative Walt Leger introduced House Bill 84 to correct the problem, but the bill stalled in committee on a 6-6 vote.

Employers use of social media as screening tool declines

A new CareerBuilder survey indicates that employer's use of social media to research job applicants has declined. In a 2009 survey 45% of the surveyed companies reported using social media. In the new survey only 37% did, and another 15% said they prohibited using social media as a screening tool. Maybe applicants ought to consider a dual site approach to social media, one for the real life and one for the perfect applicant.

DC Circuit enjoins NLRB Notice requirement

A federal court of appeals in Washington has issued an emergency injunction against the NLRB's employer notice posting requirements which were scheduled to go into effect on April 30th. Previous posts here.

Whoa! Federal Judge nixes NLRB notice requirement

A federal district court in South Carolina has ruled the NLRB lacks the authority to promulgate the rule which requires employers to post a notice advising employees of their rights under the National Labor Relations Act. The opinion is here. The opinion is by District Judge David C. Norton who was appointed by by President George H. W. Bush. At first blush this seems to be a rather extraordinary reigning in of the NLRB's rule making authority.

Deadline!

On April 30 two important new NLRB rules become effective. First, all employers subject to NLRB jurisdiction will be required to have posted a notice advising employees of their rights under the National Labor Relations Act. Previous posts here. The poster can be downloaded for free here. Second, the Board will begin operating under a new set of rules for conducting representation elections. Employers would be well served to perform a current vulnerability assessment, including taking affirmative steps to be prepared to respond promptly to any union organizing activity in their workforce.

Decline with nuance

While it is true that manufacturing jobs as a percentage of total employment has been declining for a long time, in absolute numbers, the decline began relatively recently.

Social media passwords protected in MD

Maryland becomes the first state to ban employers from requesting social media passwords from employees and applicants. As a practice I think asking employees for their Facebook or other social media password is just creepy. Particularly where the practice is not required of every employee or applicant in the same job classification, and there exists a rational basis for employer concern about the employees personal behavior.

Flynn hires former IG

NLRB Member Terrence Flynn has hired a former DoJ Inspector General to defend him against ethics charges lodged against him.

Wisconsin law challenged

A federal district judge has just struck down parts of Act 10's restrictions on public employee union rights.

Local economy shows strong growth

Data released Friday by the Louisiana Workforce Commission confirmed anecdotal evidence that the New Orleans area economy is growing. The seven parish metro area added 8,800 jobs since February 2012. The unemployment rate also dropped from 7.4% in January to 7.0%. The state as a whole added 41,000 jobs in the last twelve months.

Leak, and it ain't St. David's day

It seems one of the recess appointments to the NLRB has been accused of doing things he should not have done. Republican Terence Flynn is accused of leaking confidential information to two former NLRB members one of whom works for the National Association of Manufacturers, and the other who is a labor advisor to Mitt Romney. Rep. John Kline (R-MN) says the problem is that Flynn's a recess appointment. You can't make this stuff up.

Chrysler succeeds!

Well, I never watch 60 Minutes, but I sat down and caught their piece tonight on Chrysler's new (post meltdown) CEO Sergio Marchionne. He brought Chrysler back and the auto bailout helped. Chrysler has already repaid the federal government its 6 Billion Dollar loan, and is making $$$. Of incredible note is the fact that Marchionne blamed management, not workers for Chrysler's failures. And Marchionne gives credit to the hourly workers and engineers for the turnaround. There is also a priceless moment where he refuses to comment on the political criticism of the Eastwood Superbowl add but makes clear how much he disrespects the critics. Watch it here (air date 3/25/12).