Tune in tonight to hear my colleague Amy Rosenberger discuss workplace privacy issues at work:
TONIGHT LIVE at 7pm: "Sexting, Texting, E-mail and More: Privacy at Work"
This should be an excellent show and a good way to catch up on how new technologies are affecting the workplace
Monday, April 26, 2010
Friday, April 16, 2010
The Departure of Andy Stern - Thank You and Good Night!
Andy Stern's sudden announcement that he was resigning this week as President of the SEIU caught nearly everyone by surprise, perhaps even Sten himself, as news of his resignation was leaked by union sources prior to the official announcement. The media-savvy Stern issued a video of himself later in the week announcing his resignation.
Like George Costanza saying "thank you and good night" and going out on top, Stern is in many ways at the apex of his career. He has Obama's ear, has increased membership in the SEIU, and is probably the most recognized name in labor next to Hoffa. Yet Stern also has been a controversial, polarizing figure -- taking his union out of the AFL-CIO, raiding UNITE HERE and engaging in rough and tumble union infighting. His sudden departure also demonstrates what many critics have said, that Stern's number one priority is Stern -- his mid-term departure leaves a power vaccum and will inevitably weaken the union while the executive board fights over his successor.
Stern has also been accused of being a "top-down" labor leader, negotiating deals with employers and then letting members in on it. A perfect example of the top-down view can be seen in this anecdote. A friend told me yesterday that after hearing Stern on the radio she wanted to get information about forming a union at the nursing home where she works. She went on the SEIU website to find out who to contact and how to organize a union. While the website was full of laudatory press on Stern, political announcements, and self-congratulation, she could not find any information on how to actually contact a local union in her area that could help her out, or any helpful information about organizing. That, in a nutshell, is the problem with the SEIU as well as most other large international unions -- they are focused more on Washington DC politics, themselves, and not enough on workers in the field.
Like George Costanza saying "thank you and good night" and going out on top, Stern is in many ways at the apex of his career. He has Obama's ear, has increased membership in the SEIU, and is probably the most recognized name in labor next to Hoffa. Yet Stern also has been a controversial, polarizing figure -- taking his union out of the AFL-CIO, raiding UNITE HERE and engaging in rough and tumble union infighting. His sudden departure also demonstrates what many critics have said, that Stern's number one priority is Stern -- his mid-term departure leaves a power vaccum and will inevitably weaken the union while the executive board fights over his successor.
Stern has also been accused of being a "top-down" labor leader, negotiating deals with employers and then letting members in on it. A perfect example of the top-down view can be seen in this anecdote. A friend told me yesterday that after hearing Stern on the radio she wanted to get information about forming a union at the nursing home where she works. She went on the SEIU website to find out who to contact and how to organize a union. While the website was full of laudatory press on Stern, political announcements, and self-congratulation, she could not find any information on how to actually contact a local union in her area that could help her out, or any helpful information about organizing. That, in a nutshell, is the problem with the SEIU as well as most other large international unions -- they are focused more on Washington DC politics, themselves, and not enough on workers in the field.
Wednesday, April 7, 2010
More on Massey's Mine Disaster
As the New York Times reports, the Upper Big Branch mine owned by Massey had a serious history of safety violations - and workers were evacuated three times in the past two months for dangerously high methane levels:
http://www.nytimes.com/2010/04/07/us/07westvirginia.html?hp. Naturally Don Blankenship, the CEO of the Company denies that there were any issues, and, incredibly, shifts the blame to the government, claiming that "the Mine Safety and Health Administration would never have allowed the mine to operate if it had been unsafe." He also claims that safety violations are nothing more than a normal part of the mining process. Huh? The MSHA levied massive fines against this mine, fines which the company fought and appealed at every turn. What Blankenship really means is that worker safety - or lack thereof - is simply a cost of doing business for the company. With 2.9 billion in revenue in 2009, what's a few million in fines per year for safety and environmental violations?
http://www.nytimes.com/2010/04/07/us/07westvirginia.html?hp. Naturally Don Blankenship, the CEO of the Company denies that there were any issues, and, incredibly, shifts the blame to the government, claiming that "the Mine Safety and Health Administration would never have allowed the mine to operate if it had been unsafe." He also claims that safety violations are nothing more than a normal part of the mining process. Huh? The MSHA levied massive fines against this mine, fines which the company fought and appealed at every turn. What Blankenship really means is that worker safety - or lack thereof - is simply a cost of doing business for the company. With 2.9 billion in revenue in 2009, what's a few million in fines per year for safety and environmental violations?
Tuesday, April 6, 2010
W. Va. Mine Disaster -- An AvoidableTragedy?
The mining disaster at the Upper Big Branch coal mine in West Virginia is a reminder that there are still dirty dangerous jobs in this country where you might clock in to work, then clock out permanently. Particularly when your employer is more concerned with profit than safety.
Massey Energy, which owns the non-union mine, has a history of violations for not properly ventilating methane gas -- last year it was fined $382,000 dollars for ventilation issues. The cause of the blast at Upper Big Branch has not yet been determined, however, in any mine explosion methane is almost always the culprit.
The CEO of Massey, Don Blankenship, is virulently anti-union and presided over a bitter drawn out strike at other Massey facilities in 1985. The company has had some record making profits. It also holds some records for largest fines for safety and environmental violations: In 2006 it paid a record 4.2 million dollars in civil and criminal penalties after two miners died and it was found that safety violations contributed to their deaths. In 2008 it paid a 20 million dollar settlement for violations of the Clean Water Act. Naturally, Blankenship thinks that global warming is a fallacy cooked up by crazies.
It's too early to tell what happened in West Virginia that possibly killed 25 workers One thing we do know is more concerned with profitability than safety and the external costs of its operations on the rest of us.
http://2politicaljunkies.blogspot.com/2010/04/massey-energy-hundreds-of-safety.html
http://www.dailykos.com/story/2010/4/5/854434/-at-least-7-dead,-19-missing-after-W.-VA-mine-explosion
Massey Energy, which owns the non-union mine, has a history of violations for not properly ventilating methane gas -- last year it was fined $382,000 dollars for ventilation issues. The cause of the blast at Upper Big Branch has not yet been determined, however, in any mine explosion methane is almost always the culprit.
The CEO of Massey, Don Blankenship, is virulently anti-union and presided over a bitter drawn out strike at other Massey facilities in 1985. The company has had some record making profits. It also holds some records for largest fines for safety and environmental violations: In 2006 it paid a record 4.2 million dollars in civil and criminal penalties after two miners died and it was found that safety violations contributed to their deaths. In 2008 it paid a 20 million dollar settlement for violations of the Clean Water Act. Naturally, Blankenship thinks that global warming is a fallacy cooked up by crazies.
It's too early to tell what happened in West Virginia that possibly killed 25 workers One thing we do know is more concerned with profitability than safety and the external costs of its operations on the rest of us.
http://2politicaljunkies.blogspot.com/2010/04/massey-energy-hundreds-of-safety.html
http://www.dailykos.com/story/2010/4/5/854434/-at-least-7-dead,-19-missing-after-W.-VA-mine-explosion
Monday, April 5, 2010
Even an Ass Finds Truffles Sometimes
Every so often I win a case that makes what I do worthwhile. Today I got an unemployment decision that made me feel like a million bucks.
The employee in the case was laid off, then the employer hired him back on as an "independent contractor" for another couple of months to finish a project. All of the employee's working conditions were exactly the same after the layoff as before, except he got a 1099 and no benefits.
The man filed for unemployment and received it -- but then got cut off when the employer claimed he was an independent contractor, and therefore not eligible for benefits. The unemployment office also told him he would have to pay back the unemployment he had received. He appealed, but did not send his appeal certified or get a proof of mailing.
When he came to our office the employee was panicked that he would have to pay back the money and lose benefits. He is older, and has not been able to find employment. He said he would have to move in with his grown children if he could not get benefits.
At the hearing the employer showed up and, miraculously, supported the employee. The problem for the employee was that his appeal was untimely because the unemployment office had not received it. Under the law, that should have been it. Luckily, the unemployment referee allowed me to present the case on the merits as well as on the timeliness issue.
The decision came in this weekend and the employee won. On the timeliness issue, the referee stretched to find he had filed his appeal on time, due to the testimony he gave about mailing it and so forth. And on the merits she found that he was an employee, not an independent contractor. I am sure she stretched on the timeliness issue because on the merits it was so obvious that he was not an independent contractor.
The case gave me satisfaction because it was such an obvious injustice and because the only reason he would have lost is procedural. To mix metaphors and sayings, the law is an ass, but sometimes even an ass finds a truffle.
The employee in the case was laid off, then the employer hired him back on as an "independent contractor" for another couple of months to finish a project. All of the employee's working conditions were exactly the same after the layoff as before, except he got a 1099 and no benefits.
The man filed for unemployment and received it -- but then got cut off when the employer claimed he was an independent contractor, and therefore not eligible for benefits. The unemployment office also told him he would have to pay back the unemployment he had received. He appealed, but did not send his appeal certified or get a proof of mailing.
When he came to our office the employee was panicked that he would have to pay back the money and lose benefits. He is older, and has not been able to find employment. He said he would have to move in with his grown children if he could not get benefits.
At the hearing the employer showed up and, miraculously, supported the employee. The problem for the employee was that his appeal was untimely because the unemployment office had not received it. Under the law, that should have been it. Luckily, the unemployment referee allowed me to present the case on the merits as well as on the timeliness issue.
The decision came in this weekend and the employee won. On the timeliness issue, the referee stretched to find he had filed his appeal on time, due to the testimony he gave about mailing it and so forth. And on the merits she found that he was an employee, not an independent contractor. I am sure she stretched on the timeliness issue because on the merits it was so obvious that he was not an independent contractor.
The case gave me satisfaction because it was such an obvious injustice and because the only reason he would have lost is procedural. To mix metaphors and sayings, the law is an ass, but sometimes even an ass finds a truffle.
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