Union Free Radio

BACK-DOOR CARD CHECK IS ON ITS WAY THIS YEAR, SAYS LABOR RELATIONS INSTITUTE'S PHIL WILSON. Last August (2021), the National Labor Relations Board's General Counsel, Jennifer A. Abruzzo, sent a lengthy memo to all NLRB regions seeking cases from its regions to submit specific types of cases to her for advice. Among the many types of cases that General Counsel Abruzzo is seeking are cases which would lead to the imposition of what is known as "card check," which would eliminate most secret-ballot elections over the topic of unionization.> "Cases in which an employer refuses to recognize and bargain with a union where the union presents evidence of a card majority, but where the employer is unable to establish a good faith doubt as to majority status; specifically, where the employer refusing to recognize has either engaged in unfair labor practices or where the employer is unable to explain its reason for doubting majority status in rejecting the union’s demand. See Joy Silk Mills, Inc., 85 NLRB 1263 (1949)." [See below under: Employer duty to recognize and/or bargain, on page 7.] In this episode of Union Free Radio, host Peter List speaks with Phil Wilson of the Labor Relations Institute [https://lrionline.com/] (LRI) about card check and a number of other labor relations issues employers are facing under the Biden NLRB. Articles and Resources Mentioned On This Episode * NLRB GC - Mandatory Submissions To Advice | PDF [https://www.scribd.com/document/519936847/NLRB-GC-Mandatory-Submissions-to-Advice] * Joy Silk Mills v. National Labor Rel. Board, 185 F.2d 732 [https://casetext.com/case/joy-silk-mills-v-national-labor-relations-board] * Why Labor Law Needs "Joy Silk" Bargaining Orders [https://brandonmagner.substack.com/p/why-labor-law-needs-joy-silk-bargaining] * The Scandalous Story Of How "Joy Silk" Disappeared From Labor Law [https://brandonmagner.substack.com/p/the-scandalous-story-of-how-joy-silk] * An Update on Labor Law Lite - by Brandon Magner [https://brandonmagner.substack.com/p/an-update-on-labor-law-lite] --- Support this podcast: https://anchor.fm/unionfreeradio/support [https://anchor.fm/unionfreeradio/support]

The PRO Act being pushed by unions and their allies is a dangerously bad bill that threatens jobs, companies and America’s Free Enterprise system. Here’s why: Unions and their Democratic Party allies–like the Democratic Socialists of America–are pushing Congress to enact the so-called “Protecting the Right to Organize Act,” which President Biden has vowed to sign. The bill is a massive rewrite of U.S. labor and employment laws that threatens jobs and job creators, as well as the American Free Enterprise system. In this episode of Union Free Radio, LaborUnionReport.com editor Peter List explains the top five reasons why the PRO Act is so bad. Articles cited in this episode: FACTS ABOUT THE SO-CALLED “PRO” ACT – PROActFacts.org 61% of Small Businesses Say PRO Act Will Destroy Their Business – Small Business Trends It’s MAYDAY for the PRO Act!!, Democratic Socialists of America, Facebook Meet PRO Act legislation threatens franchise small businesses PRO Act for a Green New Deal – Workers and the World Unite Sydney Ghazarian – KeyWiki Counting the number of businesses in the United States --- Support this podcast: https://anchor.fm/unionfreeradio/support [https://anchor.fm/unionfreeradio/support]

A WIDE-RANGING DISCUSSION WITH BEN BRUBECK OF THE ASSOCIATED BUILDERS & CONTRACTORS (ABC), ONE OF THE LARGEST TRADE ASSOCIATIONS FOR MERIT-SHOP CONSTRUCTION CONTRACTORS AND THEIR EMPLOYEES. The Associated Builders and Contractors [https://abc.org/] (ABC) is a national construction industry trade association representing more than 21,000 members, mostly small union-free contractors and their employees, with 69 chapters nationwide. In this hour-long, wide-ranging discussion, Ben Brubeck, ABC's Vice President of Regulatory, Labor and State affairs, discusses ABC's position on a host of topics, such as vaccine mandates, infrastructure, Build Back Better, the Davis-Bacon Act, Project Labor Agreements, apprenticeship programs and more. Click here [https://laborunionreport.com/category/union-free-radio/] for prior episodes of Union Free Radio.--- Support this podcast: https://anchor.fm/unionfreeradio/support [https://anchor.fm/unionfreeradio/support]

THE NLRB IS GOING TO RE-INSTITUTE "MICRO UNITS." HERE'S WHAT YOU NEED TO KNOW... Labor law in the United States (under the National Labor Relations Board) swings like a pendulum whenever the political party controlling the White House changes. With the PRO Act stalled in Congress and President Biden vowing to be "the most pro-union President in American history," his appointees at the National Labor Relations Board are working full time to fulfill his vow, signaling a host of changes that will make it more difficult for employers and their employees to remain union-free. One such change is the likely return to "micro units". In this episode of Union Free Radio, host Peter List provides the definition to such labor relations concepts as "bargaining units," "community of interest," as well as the background to "micro units" and why they are bad for both employers and unions. Articles and resources cited in this episode: * The Relevance of Coherence | Joseph Raz [https://scholarship.law.columbia.edu/cgi/viewcontent.cgi?article=1989&context=faculty_scholarship] * NLRB Invites Briefs Regarding Appropriate Bargaining Units | Dec. 7, 2021 [https://www.nlrb.gov/news-outreach/news-story/nlrb-invites-briefs-regarding-appropriate-bargaining-units] * Definition: Bargaining unit | Legal Information Institute [https://www.law.cornell.edu/wex/bargaining_unit] * Definition: Community of Interest Law and Legal Definition | USLegal.com [https://definitions.uslegal.com/c/community-of-interest/] * 29 CFR § 103.30 - Appropriate bargaining units in the health care industry. | Legal Information Institute [https://www.law.cornell.edu/cfr/text/29/103.30] * What's Appropriate: The NLRB Overturns Specialty Healthcare | Littler Mendelson P.C. [https://www.littler.com/publication-press/publication/whats-appropriate-nlrb-overturns-specialty-healthcare] * National Labor Relations Board to decide whether labor organizers can use ‘micro union’ targets [2011] [https://dailycaller.com/2011/02/16/national-labor-relations-board-to-decide-whether-labor-organizers-can-use-micro-union-targets/] * Divide, Conquer & Destroy: NLRB Region Unleashes Micro-Unit On Retailer [2012] [https://laborunionreport.com/2012/05/21/divide-conquer-destroy-nlrb-region-unleashes-micro-unit-on-retailer/] * Bergdorf Goodman Sales Associates From Separate Shoe Departments Lacked Community of Interest: NLRB | Practical Law [https://uk.practicallaw.thomsonreuters.com/0-576-3526?__lrTS=20180918044029025&transitionType=Default&contextData=(sc.Default)&firstPage=true] * Employer business establishments in the U.S. 2019, by employment size | Statista [https://www.statista.com/statistics/254085/business-establishments-in-the-us-by-employment-size/] * More Starbucks stores file for unionization over the past two weeks [https://www.nrn.com/workforce/four-more-starbucks-stores-have-filed-unionization-over-past-two-weeks] --- Support this podcast: https://anchor.fm/unionfreeradio/support [https://anchor.fm/unionfreeradio/support]

UNIONS AND THEIR ALLIES ARE CALLING THE KELLOGG STRIKE A "WIN." BUT, IS IT? The 11-week Kellogg strike is over. However, while the union movement is calling it a "win," some strikers and some reporters are questioning whether the strike was, in fact, a "win" or a failure. In this last episode of Union Free Radio for 2021, host Peter List walks listeners through the main-reported issues of the strike, as well as how much strikers potentially lost. Articles and resources cited in this episode: * Kellogg strike ends as members ratify new contract | | wnem.com [https://www.wnem.com/kellogg-strike-ends-as-members-ratify-new-contract/article_74aa8920-6278-11ec-8c56-c32fce66c80f.html] * Kellogg’s Strike Ends: BCTGM Members Ratify New Contract [https://bctgm.org/2021/12/21/kelloggs-strike-ends-bctgm-members-ratify-new-contract/] * Kellogg's Threatened To Replace Strikers. That Doesn't Mean It Will Work. | HuffPost Impact [https://www.huffpost.com/entry/can-kelloggs-get-away-with-replacing-workers-on-strike_n_61ba6018e4b01828d1e93bcc] * Details of Kellogg Final Offer [in PDF] [https://kelloggsnegotiations.com/wp-content/uploads/2021/12/Tentative-Agreement-Overviews-2021.12.15.pdf] * Statement by President Joe Biden On Kellogg Collective Bargaining Negotiations | The White House [https://www.whitehouse.gov/briefing-room/statements-releases/2021/12/10/statement-by-president-joe-biden-on-kellogg-collective-bargaining-negotiations/] * Some Battle Creek Kellogg workers feel betrayed by new union deal [https://wwmt-com.cdn.ampproject.org/c/s/wwmt.com/amp/news/local/some-battle-creek-kellogg-workers-feel-betrayed-by-new-union-deal] * Voting closes on concessions contract at Kellogg’s, while union uses divide-and-conquer tactics to break strike - World Socialist Web Site [https://www.wsws.org/en/articles/2021/12/21/kell-d21.html] * Labor Board v. Mackay Radio & Telegraph Co. :: 304 U.S. 333 (1938) | Justia US Supreme Court Center [https://supreme.justia.com/cases/federal/us/304/333/] * ‘Death of 1,000 cuts’: Kellogg’s workers on why they’re striking | Business | The Guardian [https://www.theguardian.com/business/2021/oct/07/kelloggs-workers-strike-offshore-jobs] * Kellogg to permanently replace striking workers as union rejects new contract | Financial Post [https://financialpost.com/fp-work/kellogg-to-permanently-replace-striking-workers-as-union-rejects-new-contract] * BCTGM Kellogg’s Members Reject Tentative Agreement; Strike Continues [https://bctgm.org/2021/12/07/bctgm-kelloggs-members-reject-tentative-agreement-strike-continues/] * Employees reject tentative agreement; Kellogg focuses on continuing operations - Dec 7, 2021 [https://newsroom.kelloggcompany.com/2021-12-07-Employees-reject-tentative-agreement-Kellogg-focuses-on-continuing-operations] * Big raises in store for U.S. workers in 2022, report says - The Washington Post [https://www.washingtonpost.com/business/2021/12/08/wages-2022-raises-inflation/] * Kellogg's workers reject deal; strike continues for now [https://www.commercialappeal.com/story/money/business/2021/12/07/kelloggs-strike-workers-reject-deal/6417390001/] * Twinkies Maker Will Close After Strike - ABC News [https://abcnews.go.com/Business/twinkies-maker-hostess-liquidate-company-strike/story?id=17736898] * Have Twinkies Killed the Union Movement? [https://www.cnbc.com/id/100678728] * 'Financially, this is a really scary moment': Kellogg employees enter --- Support this podcast: https://anchor.fm/unionfreeradio/support [https://anchor.fm/unionfreeradio/support] [https://www.ketv.com/article/financially-this-is-a-really-scary-moment-kellogg-employees-enter-fourth-week-on-picket-lines/38059709#]